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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (1)
[Adopted 3-19-1976 by Ord. No. 44 (Ch. 106, Art. I, of the 1992 Code)]
[Added 9-18-1992 by Ord. No. 279]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
A. 
Any dog that is unleashed and:
(1) 
On property open to the public; or
(2) 
On private property not owned by the owner of the dog, unless permission for such presence has been obtained.
B. 
No dog shall be deemed to be "at large" if it is:
(1) 
A service animal and use of a leash, harness, or other control device would interfere with the service animal’s work, or the individual’s disability prevents using such a device, provided that the individual maintains control of the animal through voice, signal, or other effective controls; or
[Amended 6-16-2017 by Ord. No. 534]
(2) 
A police work dog in use for police work.
SERVICE ANIMAL
A dog that is individually trained to do work or perform tasks for people with disabilities as provided for in the American’s with Disabilities Act (ADA). The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs and other animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
[Added 6-16-2017 by Ord. No. 534]
It shall be unlawful within the Town for any person to own or have control of any dog six months of age or older unless it be duly licensed in pursuance of the laws of the state, district or territory in which the owner has legal residence or the laws of the State of Delaware.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful within the Town for any person to own or have control of any dog six months of age or older unless the license tag thereof be worn at all times by said dog in the manner provided by the laws of the state, district or territory in which the owner has legal residence or the laws of the State of Delaware.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-18-1992 by Ord. No. 279]
Vicious dogs shall be controlled and regulated as provided in Article IV of this chapter. It shall be unlawful for any person who is the owner or has control of any rabid or diseased dog to permit the same to run at large within the Town at any time. Any person may and it shall be the duty of any member of the police force of the Town forthwith to kill any such rabid dog found running at large within or within one mile of the corporate limits of the Town.
It shall be unlawful for any person who is the owner or has the control of any unspayed female dog to permit such dog to run at large within the Town at any time during its oestriol period.
[Amended 3-17-1995 by Ord. No. 291; 6-16-2017 by Ord. No. 534]
It shall be unlawful for any person who is the owner or custodian responsible for the control of a dog to permit the dog to run at large anywhere within Town.
[Amended 1-19-2001 by Ord. No. 348]
A. 
It shall be the duty of every person who is the owner or custodian or has the control of any dog within the Town between the hours of sunset and sunrise of each day to keep the dog either:
(1) 
Confined within any enclosure from which it cannot escape;
(2) 
Firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured; or
(3) 
Under the control of a person at least 18 years of age.
B. 
It shall be a violation of § 275-4 (loud and unnecessary noises) to allow such dog at any time to disturb any person or neighborhood by frequent or long-continued barking, whining or howling; provided, however, that in order to constitute a violation hereunder, the person(s) keeping such dog shall have failed to remedy the nuisance after a warning notice from the Town Police Department given within the 30 days previous to the violation charged.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 11-17-1978 by Ord. No. 80; 9-18-1992 by Ord. No. 279; 3-17-1995 by Ord. No. 291; 6-16-2000 by Ord. No. 345]
A. 
May 15 to September 30. It shall be unlawful for any person who is the owner or custodian of any dog to permit or suffer the same to be upon the boardwalk, strand or beach of the Town at any time between May 15 and September 30, inclusive, of any year, unless such dog is performing some act or function on behalf of a law enforcement agency or is a service animal performing a task for a person with a disability.
B. 
October 1 to May 14. It shall be unlawful for any person who is the owner or custodian of any dog to permit or suffer the same to be upon the boardwalk, strand or beach of the Town any time between October 1 and May 14, inclusive, of any year unless such dog is under his or her immediate control by leash.
Any dog found running at large contrary to the provisions of this article may be delivered to the Board of Game and Fish Commissioners of the State of Delaware or any agent thereof for impounding and disposal under the rules and regulations adopted by it.
It shall be unlawful for any person, except a police officer or game warden, to place any poison of any description in any place on his premises or elsewhere where it may be easily found and eaten by dogs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-18-1992 by Ord. No. 279; 3-17-1995 by Ord. No. 291; 2-17-2006 by Ord. No. 407]
Any person found guilty of violating any of the provisions of this article shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.