[Adopted 11-17-2001 by Ord. No. 347 (Ch.
106, Art. IV, of the 1992 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A dog:
Which bites, inflicts injury, assaults or otherwise
attacks a human being or household pet without provocation on public
or private property; or
Which, when unprovoked, approaches a person
or domestic animal in a vicious or terrorizing manner in an apparent
attitude of attack while on the streets, sidewalks or any public grounds
or places; or
With a known propensity, tendency or disposition
to attack without provocation; or
Owned or harbored primarily or in part for the
purpose of dog fighting or any dog trained for dog fighting.
No dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog; or was teasing, tormenting or assaulting the dog; or was committing or attempting to commit a crime. Further, no dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault; or where a domestic animal, at the time the injury was sustained, was teasing, tormenting, abusing or assaulting the dog. However, as set forth in § 240-16, the Alderman may determine the actions of the person to be of an innocent nature, depending on the circumstances, and declare the dog to be vicious.[1]
A.
In a case where a person files a complaint with the
Town Manager or Police Department alleging that a dog is vicious,
the owner of the dog or the person responsible for the dog shall be
notified, in writing, of the complaint against the dog and shall be
notified of the date and place of the hearing on the complaint before
the Alderman. Until the hearing is held, the owner or person responsible
for the dog must not allow the dog to be upon any street or other
public place unless the dog is securely restricted by a muzzle and
a leash of no more than three feet and is under the control of the
owner or a person who is at least 18 years of age. The hearing shall
be held within 10 days after the notice is given to the owner or person
responsible for the dog.
B.
After hearing the evidence, the Alderman shall decide
whether the dog is a vicious dog, and the owner or person responsible
for the dog shall be notified of the Alderman's decision.
C.
In the event that a dog is found by the Alderman or
any other jurisdiction to be a vicious dog, the owner or person responsible
for the dog shall be ordered not to permit the dog to be upon any
street or other public place unless the dog is securely restricted
by a muzzle and a leash of no more than three feet, with a minimum
tensile strength of 300 pounds, and is under the control of the owner
or a person who is at least 18 years of age.
D.
After a finding that a dog is vicious as defined in
this article, the owner shall be required to obtain general liability
insurance in the amount of $100,000 for any injury that the dog may
cause. Proof of such insurance shall be provided to the Alderman within
30 days of the Alderman's decision. It shall be the duty of said dog
owner to maintain such insurance policy in force so long as the dog
shall be present in the Town of Bethany Beach.
The Town shall keep an up-to-date record of
all vicious dogs, which shall include the name of the dog, the name,
address and phone number of the owner or person responsible for the
dog and the history of the vicious behavior of the dog.
