The Town Council has found and determined that
the keeping of wild, exotic and/or farm animals (including bees) within
the Town of Bethany Beach is detrimental to the public health, safety
and welfare of the citizens and property owners of the Town of Bethany
Beach and constitutes a public nuisance because such animals are not
suited to the close residential confines of the Town and are likely
to:
A. Cause undesirable odors on abutting and nearby properties
and public ways.
B. Contaminate such properties and nearby properties
and public ways with urine and/or excrement.
C. Cause unreasonable noise and disturbances to abutting
and nearby properties and public ways.
D. Create a significant roadway hazard and/or damage
to or destruction of landscaping and vegetation or if unrestrained
or allowed to escape any restraint.
E. Require the assistance, at the Town's expense, of
police and/or animal control officers, to recapture such animals if
unrestrained or allowed to escape.
F. Cause an increased and unreasonable risk to the public
health and safety by running amok and/or attacking persons and/or
other domestic animals if unrestrained or allowed to escape.
G. Cause an increased and unreasonable risk of spreading
infectious diseases and/or creating unhealthy conditions.
H. Receive inappropriate or inhumane care due to the
unsuitable environment that the close residential confines of the
Town create for such animals.
It is therefore declared to be the purpose of
and intent of this article to promote the public health, safety and
general welfare of the citizens of the Town of Bethany Beach and to
ensure the humane treatment of animals by prohibiting the keeping
of wild, exotic and/or farm animals, as herein defined, within the
Town of Bethany Beach.
As used in this article, the following terms
shall have the meanings indicated:
EXOTIC ANIMAL
Any live monkey, alligator, crocodile, cayman, raccoon, skunk,
fox, bear, sea mammal, potentially dangerous snake, member of the
feline species other than domestic cat (felis domesticus), member
of the canine species other than domestic dog (canis familiaris) or
any other animal that would require a standard of care and control
greater than that required for customary household pets sold by commercial
pet shops.
FARM ANIMAL
Any cow, horse, mule, donkey, sheep, goat, swine, fowl, duck,
goose or turkey; and bees.
WILD ANIMAL
Any live monkey, nonhuman primate, raccoon, skunk, fox, leopard,
panther, tiger, lion, lynx or any other warm-blooded animal that can
normally be found in the wild state. The term "wild animal" does not
include domestic dogs (excluding hybrids with wolves, coyotes or jackals),
domestic cats (excluding hybrids with ocelots or margays), farm animals,
rodents indigenous to the United States, any hybrid animal that is
part wild and captive-bred species of common cage birds.
Except with the prior written approval of the Town's review panel as hereafter provided in §
240-28, it shall be a violation of this article for any person to maintain, keep, possess or permit at large, any exotic, wild and/or farm animal (including bees) in the Town of Bethany Beach.
[Amended 2-17-2006 by Ord. No. 407]
Any person convicted of violating this article pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties. Each day of a continuing violation shall constitute a separate offense.