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Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
The person appointed by the Mayor to enforce any animal control laws or regulations.
ANIMALS
Includes any and all types of animals, domestic and wild, male and female.
DOG
Either male or female canine.
FERAL CAT
Wild or not domesticated cat, having no visual identification of being domestic (such as collar, tags, tattoo).
OWNER
Any person or persons, firms, association or corporation owning, keeping, or harboring an animal within the limits of the Town of Milton.
PUBLIC NUISANCE
An unlawful act or omission to discharge a legal duty, which act or omission endangers the lives, safety, health or comfort of the public or by which the public are obstructed in the exercise or enjoyment of a right common to all.
REAL PROPERTY
Property owned by the dog's owner, or a member of his or her family.
RESIDENCE PROPERTY
Property owned by someone other than the dog's owner, or a member of his or her family, but where the dog and/or its owner resided or was kept at the time the violation of this chapter occurred, regardless of whether an actual physical lease for said property exists, or whether or not rent for said property is paid.
RUNNING AT LARGE
Wandering, roving or rambling at will, unrestrained off the premises of its owner and not under the control of a human being by cord, leash, chain, or otherwise.
The Animal Control Officer and the Police Department shall enforce the provisions of this chapter.
The Mayor, with the approval of a majority of the Council, shall appoint a suitable person to act as the Animal Control Officer. Any person appointed to act as the Animal Control Officer shall serve at the pleasure of the Mayor.
A. 
It shall be unlawful for any person, firm or corporation to keep or permit to be kept on any property owned or leased by him within the corporate limits of the Town of Milton one or more than one cow, horse, swine, sheep, goat, poultry, or fowl.
B. 
The provisions of this section shall not be applicable when land located within the corporate limits of the Town of Milton is to be used for grazing of animals and a special permit is issued by the Town Council under the following conditions:
(1) 
The land to be used for grazing purposes and located within the corporate limits of the Town of Milton exceeds 10 acres as shown on a survey completed by a licensed surveyor;
(2) 
The land involved is to be used by the owner thereof for the grazing of his own animals and not for the grazing of animals of another person, firm, or corporation;
(3) 
The land to be used for grazing is enclosed by an appropriate and adequate fence at least five feet in height.
(4) 
Such a special permit is considered on an individual basis, that is to say: Each new owner of property in question and each succeeding owner must apply for said special permit in their own right.
No person shall keep or maintain any cows, goats, sheep, hogs, horses, poultry, or fowl, or any domestic pets of any sort upon any premises within the limits of the Town of Milton in unsanitary quarters so as to create unduly noxious or offensive odors or so as to unduly attract flies, mosquitoes, or other insects, pests or vermin.
It shall be unlawful for any person to keep within the Town any animal which shall, by barking, whining, howling or otherwise, disturb the peace and quiet of any person, or which becomes a nuisance or destructive to property, or which has bitten or attempted to bite any person, or which threatens to become a public nuisance or destructive to property, or is in any other manner dangerous to the health, safety or general welfare of persons in the Town. If any person shall be found to have violated this section, they shall be given written notice of such violation by certified mail, return receipt requested, and shall be required, within five days after receipt of such notice, to remove such animal from the Town.