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Dangling Dog Investigation

A 23-year-old Greenville man faces charges after a controversial photo goes viral. The picture shows a tethered dog dangling from a balcony of a condo at McBee Station. The dog was unharmed.

Heather Vincelette says she discovered the photo on Facebook this weekend and began sharing it.

"I actually posted it on Spartanburg Animal, with the question is this legal?" said Vincelette.

Vincelette tells News 13 she couldn't believe someone thought it was okay to lower and raise a tethered dog from a second floor balcony. Her posts generated a social media frenzy. Greenville Police say the woman who initially took the picture filed a report on Saturday. Animal Control immediately began their investigation.

Investigators say the dog's owner was out of town and his 23-year-old son was taking care of it. They believe the picture shows Tyler Smith letting the dog in and out of the condo to use the bathroom.

Police have charged Tyler Smith charged with a misdemeanor for violating the city's Animal-Care Ordinance.

The following is the City of Greenville's Animal-Care Ordinance:

"(a) No owner or keeper shall fail to provide such person's animals with sufficient wholesome food; clean, fresh water; proper shelter and protection from the weather; veterinary care when needed to prevent suffering; and humane treatment. An owner or keeper of animals shall at all times maintain a clean shelter and living area, free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any waste or debris.
(b) Proper shelter includes a structure appropriately sized for the animal to stand or lie in a normal manner. The structure must adequately protect animal from harsh weather; at a minimum, it shall have a roof, four sides, and an opening for ingress and egress.
(c) It shall be unlawful for a reasonable party to tether an animal while outdoors, except when all of the following conditions are met:
(1) The animal must be over the age of six months.
(2) The animal is in visual range of the responsible party and the responsible party is located outside with the animal.
(3) The animal is not tethered more than two hours in any continuous 12-hour period.
(4) The tether is connected to the animal with a buckle type collar or a body harness made of nylon or leather not less than one inch in width and is one inch greater in diameter than the animal's neck or torso.
(5) The tether has the following properties:
a. A minimum 12-foot length,
b. A swivel type termination at both ends,
c. Is not made of chain,
d. Total weight does not exceed ten percent of the animal's body weight, and
e. Is fabricated of a material that prevents tangles.
(6) The animal is not outside during extreme weather including, but not limited to, extreme heat, temperatures below 36 degrees Fahrenheit, snow, hail, tornadoes, thunderstorms, tropical storms or hurricanes.
(7) The animal is tethered so as to prevent injury, strangulation, or entanglement.
(8) The animal has access to water, food and shelter.
(9) The animal is not tethered where any object may interfere or impede free movement of the tether.
(10) The animal is not sick or injured.
(11) The animal is not tethered in such proximity to any other tethered animal that would allow entanglement.
(12) The animal is not tethered on any property with an unoccupied dwelling to include, but not be limited to, abandoned or condemned buildings.
(13) Any pulley, running line or trolley system to which a tether is attached shall be no less than 15 feet in length and no more than seven feet above ground. "


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