Tethering dogs: appearances are deceptive
Anyone looking at the Animal Welfare Act or the federal government’s leaflets might think that keeping dogs on a chain is permitted as long as certain technical requirements are met. But this appearance is very deceptive. In our advisory practice, we regularly see dog owners who feel safe because they comply with the regulations of the Federal Food Safety and Veterinary Office (FSVO) – and yet still receive mail from the veterinary office of the Canton of Zurich.
The reason lies in a federalist trap: while the federal government defines certain minimums, the cantons are responsible for enforcement. In the canton of Zurich in particular, a practice has become established that in practice hardly allows tethering at all.
The theoretical minimum of the federal government
At a national level, tethering is still theoretically provided for in the Animal Welfare Ordinance, subject to very strict conditions. Although the law prohibits tethering to a fixed point, it does permit the use of a running chain under certain circumstances. The device must be designed in such a way that a chain slides on a running wire and the dog has an area of at least 20 square meters at its disposal. In addition, the federal government stipulates that the dog may not be permanently tethered, but must be able to move freely for at least five hours a day.
However, owners who install such a system in reliance on the FSVO information sheet and comply with the technical dimensions often experience a nasty surprise when the authorities arrive. You must note that compliance with the centimeter specifications does not protect against a ban, as the posture fails in the overall assessment.
The Zurich reality: de facto ban through enforcement practice
The reality in the canton of Zurich (and increasingly also in other cantons) is different. The veterinary office not only checks the technical dimensions of the chain, but the animal welfare as a whole. A key lever here is federal law itself, which stipulates that dogs must be given sufficient daily contact with humans and other dogs of the same species.
In their strict practice, the authorities consistently argue that a dog that lives isolated on a chain in a yard or garden does not receive this mandatory social contact. In addition, it is almost impossible for the authorities to check whether the prescribed five hours of free exercise are actually granted every day. Due to these difficulties in providing evidence and the high weighting of social contact, permanent tethering – even on a walking chain – is generally no longer accepted in the canton of Zurich and is classified as contrary to animal welfare.
The subtle difference: keeping vs. short-term tethering
The legal distinction between permanent keeping and short-term restraint of the animal is crucial. The authorities’ strict approach is directed against tethering as a form of accommodation. This is to be distinguished from the short-term tethering of a dog in everyday situations.
If you tie up your dog briefly in front of the store while shopping or take a short break during a walk, this does not count as keeping your dog in the legal sense. Such short-term measures are permitted as long as no prohibited aids such as prong collars or pull collars without a stop are used. However, as soon as tethering takes on the character of regular accommodation, the strict prohibition practice applies.
The double risk: administration and criminal law
Anyone who violates these strict regulations is often suddenly confronted with two parallel procedures. On the one hand, the veterinary office initiates administrative proceedings. This is primarily concerned with the protection of the animal. The authority can impose conditions and, in cases of hardship, confiscate the animal or impose a ban on keeping the animal.
On the other hand, there is often an obligation to report animal welfare violations. This means that the facts of the case are forwarded to the public prosecutor’s office. In these separate criminal proceedings, there is a risk of fines or financial penalties as well as an entry in the criminal register for violating the Animal Welfare Act. In the initial proceedings, owners often make statements about their husbandry habits in good faith, which are later used as evidence against them in the criminal proceedings.
Conclusion and recommendation
The gap between the federal government’s “paper law” and actual enforcement practice is barely recognizable to laypeople. Our urgent recommendation is therefore to completely abandon any form of tethering, especially in the canton of Zurich. An escape-proof fence or keeping the dog indoors are the legally compliant alternatives – although it goes without saying that even when kept indoors, the dog needs sufficient outdoor exercise and walks every day.
If you are already affected by proceedings, it is advisable to seek legal representation at an early stage in order to set the right course in both sets of proceedings.
Have you received mail from the veterinary office?
Have you been reported to the veterinary office or is an inspection of your animal husbandry pending? Do not wait until official measures such as confiscation or a ban on keeping animals are imposed.
Our lawyers in Winterthur, who specialize in animal law and administrative law, are familiar with the strict practices of the veterinary authorities and can help you to protect your rights in proceedings. We help you to formulate precise statements, coordinate with any criminal proceedings and strategically defend yourself against unjustified accusations.
We offer a detailed initial consultation (1 hour at CHF 330.-), on site or via video call. Together we analyze your situation and clarify the next strategic steps.
FAQ: Frequently asked questions about tethering dogs
Theoretically yes, but only under extremely strict conditions. The dog must not be rigidly tethered, but must have a running chain on a running wire. It must have at least 20 m² of space at its disposal. In practice (e.g. Canton of Zurich), however, this is often no longer approved.
Under no circumstances may dogs be kept permanently tethered. The law stipulates that they must be able to move freely for at least 5 hours a day (e.g. on walks).. The time on the walking chain does not count as exercise.
No, permanent keeping on a fixed leash (on a wall or tree) is prohibited. Only a special walking device (walking chain) is permitted for outdoor keeping. The dog must also have a weather-protected kennel. Tethering is generally tricky.
Federal law allows them in theory, but Zurich’s enforcement practice is very strict. As the prescribed social contact with humans is often lacking in chain is often lacking, this form of husbandry is in fact hardly accepted by the Zurich Veterinary Office.
Yes, short-term tethering (e.g. while shopping) is not considered “keeping” and is permitted. However, the use of prong collars or pull collars without a stop is also prohibited here.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
