(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice.  Always consult with an attorney on any legal matter.)

During extreme temperatures, alarm is frequently raised about the treatment of animals kept outside. Most people dote on their pets with the same affection they would show a child. But animal protection laws focus on the basic level of care, which is far below what most of us would think is appropriate.

The difference between the level of care most of us would give an animal and the level of care that the law requires leads to frustration and ties officers’ hands.The care of animals is governed by a few statutes that focus on the supply of food and water, the availability of a clean shelter that allows for protection from weather and necessary veterinary care. Animal neglect is only a summary offense in Pennsylvania unless the animal suffers serious bodily injury or dies.

An earlier Q&A discussed the animal neglect and abuse statutes in Pennsylvania. But the tethering statute is a special subsection of the law. This is the area that law enforcement probably receives the most calls about, regarding dogs during the summer months likely because animals tethered outside are visible to neighbors who may have concern.The officers have to evaluate reports of neglect against a tethered animal based on the statute. Obviously, it could be difficult to know how long an animal has been without food or water unless someone is watching all day to see if the animal is provided food or water. Even with a very thin appearance, a veterinarian’s expert opinion on the cause is necessary because a thin appearance can be caused by illness or something other than lack of food.

Because it is not usually possible to have someone watch a dog for several hours to measure the amount of food or water it receives, the law provides for presumptions if certain observations are made. These presumptions are rebuttable, meaning that, even if observations that would tend to indicate neglect exist, other evidence could be presented to refute it in court.

For example, it is presumed that a dog is not neglected if he is tethered outside for less than 9 hours in a 24 hour period; the tether is at least three times its length or 10 feet if longer and attached with a well-fitted collar or harness with a latch meant to prevent entanglement; the dog has access to water and shade; and, if the temperature is above 90 degrees or below 32 degrees, the dog has not been tethered outside longer than 30 minutes. On the other hand, it is presumed the dog is being neglected if there is excessive waste where the dog is tethered; the dog has open sores or wounds on its body; or the dog is wearing a tow or log chain or a choke, pinch, prong or chain collar.

Animal neglect and tethering statutes are intended to protect animals from extreme situations. However, it is the less-extreme cases that place animals in danger that are most frustrating because the criminal justice system may not provide a remedy that most people in our society would find sufficient.