[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Council authority to regulate — See
Charter § 4.2.29.
Noise — See Ch. 259.
[Adopted 11-1-2004 by Ord. No. 04-12]
As used in this article, unless the context
otherwise clearly indicates, the following terms shall have the meanings
indicated below:
Includes every nonhuman species.
Includes completely forsaking or deserting an animal originally
under one's custody without making reasonable arrangements for
custody of that animal to be assumed by another person. This does
not include trapping and releasing cats as part of a TNR program.
[Amended 8-6-2012 by Ord. No. 12-16]
A person employed by the City of Harrington as an enforcement
officer, including sworn police officers.
Any premises so designated by the City of Harrington for
the purpose of impounding and caring for strays, animals found running
at large, or animals in violation of this article.
An animal off the premises of the owner and not under the
control of a human being either by leash, cord, chain or otherwise.
Cats participating in the TNR program do not have owners and are not
considered at large.
[Amended 8-6-2012 by Ord. No. 12-16]
Anyone who cares for cats participating in the TNR program.
[Added 8-6-2012 by Ord. No. 12-16]
A group of feral or stray cats that congregate, more or less,
together as a unit and share a common food source.
[Added 8-6-2012 by Ord. No. 12-16]
Includes every act or omission to act whereby unnecessary
or unjustifiable physical pain or suffering is caused or permitted.
Includes the responsibility for the welfare of an animal
subject to one's care and control whether such person owns it or not.
Any animal that is accustomed to living in or about the habitation
of man, including, but not limited to, cats, dogs, cows, horses, swine
and fowl.
An untamed domestic cat living in the wild; cats released
by owners who no longer care for them; offspring of such an abandoned
cat.
[Added 8-6-2012 by Ord. No. 12-16]
Includes providing each animal with daily food and water
of sufficient quality and quantity to prevent unnecessary or unjustifiable
physical pain or suffering by the animal.
Any person, partnership, association, or corporation owning,
keeping or harboring an animal. Any animal shall be deemed to be harbored
if it is fed or sheltered for three consecutive days or more. A caregiver
is not considered an owner.
[Amended 8-6-2012 by Ord. No. 12-16]
Any domestic animal or group of domestic animals which:
Is repeatedly found at large; or
Damages the property of anyone other than its
owner; or
Molests passersby or chases passing vehicles
or bicycles; or
Barks, whines or howls in an excessive, continuous
or untimely fashion; or
Creates an odor which is noxious or offensive,
and/or which constitutes a substantial annoyance, convenience or injury
to the public; or
Interferes with the health, comfort, safety
or enjoyment of property; offends the sense of decency of the public
as a result of unsanitary conditions in the area where such animals
are kept; and/or which creates a danger to the public health as determined
by the Division of Public Health.
An animal is under "restraint" within the meaning of this
article if it is controlled by a leash, cord, chain, or under the
control of an owner or other responsible persons and obedient to that
person's commands, or within a vehicle being driven or parked on the
street, or within the property limits of its owner or keeper.
Includes providing each animal with adequate shelter from
the weather elements as required to prevent unnecessary or unjustifiable
physical pain or suffering by the animal.
A domesticated animal for which ownership is not established
or for which owner disclaims future responsibility.
A humane and nonlethal approach to community cat population
control; a comprehensive management plan where healthy feral cats
are sterilized and vaccinated, ear-tipped, then returned to their
habitat and provided with long-term care.
[Added 8-6-2012 by Ord. No. 12-16]
Any animal which constitutes a physical threat to a human
being or other animal by virtue of attacks of such number and/or severity
as to be likely to cause property damage or physical injury. Evidence
of a prior instance of an animal biting a human being, without provocation,
shall be prima facie evidence that the animal is vicious.
Any live monkey (nonhuman primate), raccoon, skunk, fox,
poisonous snake, boa, python, leopard, panther, tiger, lion, lynx
or any other warm-blooded animal which can normally be found in the
wild state.
The driver of any motor vehicle which strikes
an animal shall immediately notify the Harrington Police Department.
A.
It shall be unlawful for any person having possession,
custody or control of any animal to permit such animal to run at large.
[Amended 12-15-2008 by Ord. No. 08-07]
B.
It shall be the duty of every police officer and animal
control officer to apprehend any dog found running at large contrary
to the provisions of this section and to impound it. Such person shall
make a record of the breed, color and sex of the dog and the number
of its license tag, if any. A compilation of the records of all dogs
caught and impounded shall be maintained at the police headquarters
station. Should any police officer or animal control officer be unable,
after using reasonable and diligent efforts, to apprehend such animal,
he/she may destroy it.
C.
Any citizen of the City may take up any animal found
running at large and deliver it to an animal control officer or police
officer, or other authorized person, to be impounded.
D.
It shall be the duty of the animal control officer
or police officer or other person taking or impounding any animal
to notify the owner or caregiver/custodian, if known, within a reasonable
time, either personally or by a written notice left at his/her usual
place of abode or, if unknown, by five or more written or printed
notices posted in public places within the City.
[Amended 8-6-2012 by Ord. No. 12-16]
E.
It shall be unlawful for any person who is the owner
or custodian of any animal to permit or suffer the animal to be upon
any City-owned or privately owned property which is posted with "no
animals" signage.
F.
It shall be the duty of the owner or custodian of
any female animal to confine such animal in an enclosure from which
it cannot escape during such times as the animal is "in heat."
[Amended 8-6-2012 by Ord. No. 12-16]
A.
The owner or lawful possessor of any dog shall obtain a license for his/her dog pursuant to 9 Del. C. § 902(a), and any owner or possessor who shall fail to comply with the provision of the laws of Delaware shall be punishable as provided in § 82-14 of this article.
B.
The owner or lawful possessor of any cat shall procure an identification
tag or microchip for said animal. The identification tag shall contain
the name, address, and telephone number of the owner of the animal.
Such tag shall be attached to a collar and secured around the neck
of the cat. Feral cats that have been trapped, spayed or neutered
and rereleased are exempt from this section. Each cat would be ear-tipped,
clearly identifying it as a member of the Harrington Feral Cat TNR
Program.
C.
The provisions of this section may be enforced by any police officer
or by any person designated to act as an animal control officer.
A.
No person shall keep or maintain any animal which,
by causing frequent or long-continued noise, shall disturb the comfort
or repose of any person in the City. Such action is declared to be
a public nuisance and detrimental to the public health and welfare.
B.
It shall be the duty of every police officer or animal control officer to act upon complaints made by persons concerning animals violating Subsection A. Each police officer and animal control officer investigating same shall give 48 hours' notice to the persons owning or having control of any animal causing frequent or long-continued noise so as to disturb the comfort or repose of persons in the City. The person owning or controlling said animal shall have a period of 48 hours from the date of receipt of said notice to abate the nuisance by disposing of the animal or by controlling the noise emitted by the same. In the event that the person owning or controlling said animal shall fail to do so within said period of time and if the animal continues to cause noise as it has in the past, the person owning or controlling said animal shall be deemed to be maintaining a public nuisance and shall be subject to a fine in the amount prescribed by this article until such nuisance is abated.
A.
No person having possession, custody or control of
any animal shall knowingly or negligently permit any animal to deposit
excrement upon any gutter, street, driveway, alley, curb or sidewalk
in the City, or upon the floors or stairways of any building or place
frequented by the public or used in common by the tenants, or upon
the outside wall, walkways, driveways, alleys, curbs or stairways
of any building abutting on a public street or park, or upon any private
property other than the property of the owner of such animal.
B.
Any person having possession, custody or control of any animal which deposits excrement in any area other than the private property of the owner of such animal, as prohibited in Subsection A, shall be required to immediately remove the excrement from the surface and either:
C.
Exceptions. The provisions of this section shall not
apply to a guide dog accompanying any blind persons, or to a dog used
to assist any other physically handicapped person, or the animals
used in any police activities of the City or to horses used by persons
for the purposes of transportation on public roadways. Horses on private
property other than the owner's must have their droppings removed
by the owner. Feral cats that have been trapped, spayed or neutered
and rereleased are exempt from this section. Each cat would be ear-tipped,
clearly identifying it as a member of the Harrington Feral Cat TNR
Program.
[Amended 8-6-2012 by Ord. No. 12-16]
D.
Enforcement. For the purpose of enforcing the provisions
of this section, notice of violation shall be issued by police officers
or any other person authorized to enforce ordinances.
E.
If the excrement is properly disposed of by the owner or person in charge of the animal, it will not be considered a violation of Subsection A.
F.
Every owner of, or person responsible for, one or
more animals shall take all reasonable measures to prevent accumulation
of animal excreta in the area in which such animals are customarily
kept. No such owner shall allow animal excreta to accumulate so as
to create obnoxious or offensive odors.
A.
The following shall constitute a vicious animal:
(1)
Any animal which, when unprovoked, approaches any
person in a vicious or terrorizing manner in apparent attitude of
attack upon the streets, sidewalks, or any public grounds or places;
or
(2)
Any animal with a known propensity, tendency, or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals; or
(3)
Any animal which bites, inflicts injury, assaults,
or otherwise attacks a human being or domestic animal without provocation
on public or private property; or
B.
Notwithstanding the definitions of a vicious animal,
no animal 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 animal, or was teasing, tormenting,
abusing, or assaulting the animal or was committing or attempting
to commit a crime.
C.
No animal may be declared vicious if any injury or
damage was sustained by a domestic animal which, at the time such
injury or damage was sustained, was teasing, tormenting, abusing,
or assaulting the animal. No animal may be declared vicious if the
animal was protecting or defending a human being within the immediate
vicinity of the animal from an unjustified attack or assault.
D.
Any vicious domestic animal, any wild animal, or any
sick or injured animal, other than a dog carrying a current license
tag, may be destroyed immediately after impounding. Any rabid animal
may be destroyed immediately. Any other animal shall be held for three
days, except that dogs carrying a current license tag shall be held
for five days.
E.
Destruction for public safety or humane reasons. When,
in the judgment of the animal control agency, it is determined that
any animal should be destroyed for humane reasons, or to protect the
public from imminent danger to persons or property, such animal may
be destroyed without regard to any time limitations otherwise established
herein.
A.
When a person has been bitten by a vicious animal,
the person or parent, guardian or person standing in loco parentis
of the person, and the person owning the animal or in control or possession
of the animal shall notify the Harrington Police Department immediately
and give the name and address of the person bitten and the owner of
the animal along with a description of the animal. All animals that
bite a person shall be immediately confined for 10 days in a City
of Harrington approved animal shelter or veterinary facility at the
expense of the owner.
B.
Confinement of a dog or other animal which has bitten
a person may not be required if the owner or person who controls or
possesses such dog or other animal can present a veterinarian's certificate
of current rabies immunization.
[Amended 12-15-2008 by Ord. No. 08-07]
C.
Any dangerous or vicious animal may be impounded by
the animal control officer or police officer to protect the public
safety. Said impoundment will be in a City-approved animal shelter
or veterinary facility at the owner's expense. No dangerous or vicious
animal will be returned to the owner unless said animal is confined
by the owner within a building or secured enclosure and shall be securely
muzzled or caged whenever off the premises of its owner. Every person
harboring a vicious animal or a wild animal is charged with an affirmative
duty to confine said animal in such a way that the public does not
have access to such animal.
[Amended 8-6-2012 by Ord. No. 12-16]
No person shall abandon any domesticated animal
or any wild animal in any public place, including the right-of-way
of any public highway, road or street, or on the property of another.
Feral cats that have been trapped, spayed or neutered and rereleased
are exempt from this section. Each cat would be ear-tipped, clearly
identifying it as a member of the Harrington Feral Cat TNR Program.
No person shall:
A.
Override, torture, ill-treat, abandon, willfully inflict
inhumane injury or pain not connected with bona fide scientific or
medical experimentation to, or cruelly or unnecessarily beat, maim,
mutilate, or kill any animal, whether belonging to himself/herself
or another.
B.
Deprive any animal of necessary sustenance, food,
drink, or shelter.
C.
Willfully set on foot, instigate, engage, or in any
way further any act of cruelty to any animal.
D.
Carry or cause to be carried in or upon any vehicle
or vessel or otherwise any animal in a cruel, brutal, or inhumane
manner, so as to produce torture or unnecessary suffering.
E.
Cause any of the above or, being the owner of an animal,
permit such acts to be done by another.
A.
A reasonable attempt shall be made to notify the owner
of any animal suspected of constituting a public nuisance.
[Amended 8-6-2012 by Ord. No. 12-16]
B.
It shall be unlawful for any person within the City of Harrington to harbor any animal that is found to be a health or safety hazard. Within 24 hours of the delivery of a written order to the owner or custodian, such animal shall be removed from the City of Harrington. Failure to comply with the order to remove shall subject the owner or custodian to a fine as established in Chapter 180, Municipal Fees, per day for each day of noncompliance with the order to remove.
[Amended 8-6-2012 by Ord. No. 12-16]
C.
Every public nuisance animal shall, upon demand, be delivered to the animal control officer or police officer. It shall be unlawful for the owner of a public nuisance animal to refuse to surrender such animal to the animal control officer or police officer. Such refusal is punishable by a fine as established in Chapter 180, Municipal Fees. A public nuisance animal which has been impounded by an animal control officer or police officer may be redeemed by the owner only upon the conditions established in this article.
[Amended 8-6-2012 by Ord. No. 12-16]
D.
Any animal found unredeemable shall be disposed of
in a humane manner. Impoundment of said animal is at the owner's expense.
Animals at large and public nuisance animals
may be taken by an animal control officer or police officer and impounded
in an animal shelter or veterinary facility at the owner's expense.
At the discretion of the animal control officer or police officer,
such animal may be left in the custody of its owner and said owner
issued a summons for violation of this article. The owner of any impounded
animal shall be entitled to regain possession of the animal within
five days after the impoundment upon payment to the City of such fees
as Council may set from time to time. If the owner does not regain
possession of the animal, the City is authorized to dispose of the
animal.
No person shall keep, grow, raise or maintain
swine, cattle, sheep, goats, horses, chickens, turkeys, guineas, geese,
ducks, pigeons, any wild animal, or any other animal not normally
housed in a human residence within the corporate limits of the City.
[Amended 8-6-2012 by Ord. No. 12-16]
Any person found to be in violation of any section of this article which does not contain a specification of the fine shall pay a mandatory and nonsuspendable fine as established in Chapter 180, Municipal Fees. For the fourth offense, the animal must be removed from the City of Harrington within 24 hours. If the animal is not so removed, the owner or custodian shall be fined as established in Chapter 180, Municipal Fees, per day that the animal remains within the City of Harrington.
[Added 4-16-2007 by Ord. No. 07-03]
The provisions of this article shall not apply
to the ownership or use of service dogs by persons with disabilities
or dogs used in police activities of the City used by or with the
permission of the City of Harrington Police Department. As used in
this section, “service dogs” shall mean those animals
that are individually trained to perform tasks for people with disabilities,
including, but not limited to, animals guiding people who are blind,
animals alerting people who are deaf, animals pulling wheelchairs,
animals alerting and protect a person who is having a seizure or animals
performing other special tasks for persons with disabilities.
