[Adopted 3-21-2003 by Ord. No. 372 (Ch.
106, Art. VII, of the 1992 Code)]
This animal control article is enacted to regulate,
restrict, or prohibit, if necessary, animals; to protect the public
from unvaccinated, diseased, stray, roaming, dangerous, or wild animals;
to make unlawful acts of animals that interfere with the enjoyment
of property or the peace and safety of the community; and to carry
out any other lawful duties authorized by state laws and applicable
ordinances.
As used in this article, the following terms
shall have the meanings indicated:
Every vertebrate nonhuman species of animal, wild or domestic,
male or female, including, but not limited to, dogs, cats and other
mammals, birds, reptiles, and amphibians.
A domestic feline of either sex.
Any employee of the Town of Bethany Beach charged with the
interpretation and/or enforcement of the Town Code of Bethany Beach.
A domestic canine of either sex.
Any person, group of persons, firm, organization, association,
society, club, lodge, partnership, syndicate, trustee or corporation
owning, keeping, having charge of, sheltering, feeding, harboring,
or taking care of any animal.
A definite portion of real estate, including land with its
appurtenances, a building or part of a building.
The Town of Bethany Beach hereby authorizes
duly sworn officers, code enforcement, police, and animal control
officers to enforce the provisions of this article within the corporate
limits of the Town.
A permit shall be required for more than four
dogs or cats, four months or older, kept outside.
A.
It shall be unlawful for any person to own, or keep
custody of or to take care of more than four dogs, more than four
cats or any combination of dogs or cats numbering more than four animals,
four months or older, who are kept outside on the premises for 10
or more hours per day for six or more days per week, or which are
kept outside overnight, unless the person has a special permit issued
by the Town.
B.
If a person has more than four dogs or cats outside
on the premises for 10 or more hours per day for six or more days,
or which are kept outside overnight, then the Code Enforcement Officer
must make the following five findings in order to issue a special
permit.
(1)
Noise from the dogs or cats will not interfere with
abutting occupant's use and peaceful enjoyment of the property.
(2)
Any odor or unsanitary conditions caused by the dogs
or cats will not interfere with an abutting occupant's use and peaceful
enjoyment of the property.
(3)
More than one dog run and more than one dog-related
structure or any combination thereof shall not be permitted if the
structures can be seen from abutting occupant's property in a residentially
zoned district.
(4)
There is no evidence that the dogs or cats pose any
health problem or disease exposure for abutting occupants.
(5)
The dogs or cats do not interfere with the peaceful
use and quiet enjoyment of abutting property.
It shall be unlawful for any person to own,
keep, possess, or maintain an animal in such a manner as to constitute
a public nuisance to neighbors. By way of example and not of limitation,
the following acts or actions of an owner, harborer, or possessor
of an animal are hereby declared to be a public nuisance and are,
therefore, unlawful:
A.
Having an animal that disturbs the rights of, threatens
the safety of or damages a member of the general public or interferes
with the ordinary use and enjoyment of their property; or
B.
Allowing or permitting an animal to damage the property
of anyone other than its owner, including, but not limited to, turning
over garbage containers or damaging gardens, flowers or vegetables,
or defecating upon the property of another; or
C.
Maintaining animals in an environment of unsanitary
conditions or lack of cleanliness which results in offensive odor
or is dangerous to the public health, welfare or safety or a failure
to maintain a condition of good order and cleanliness which reduces
the probability of transmission of disease; or
D.
Maintaining property that is offensive, annoying or
dangerous to the public health, safety or welfare of the community
because of the number, type, variety, density, or location of the
animals on the property; or
E.
Maintaining an animal that is diseased or dangerous
to the public health; or
F.
Keeping or harboring an animal that bites, attacks,
repeatedly chases or in sufficient proximity to cause alarm snaps
at pedestrians, joggers, bicyclists, or other animals being walked
on a leash; or
G.
Allowing or permitting an animal to bark, whine, howl,
crow or cackle in an excessive, continuous or untimely fashion so
as to interfere with the reasonable use and enjoyment of neighboring
premises.
A.
Filing. Any person cited for a violation of this article
may appeal such citation to the Town Manager. Such appeals shall be
taken within three business days of the issuance of the summons or
citation, by filing a written notice of appeal specifying the grounds
thereof.
B.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the official from
whom the appeal is taken certifies to the Town Manager, after the
notice of appeal is filed, that by reasons of the fact stated in the
certificate, a stay would cause imminent peril to life and/or property.
C.
Hearing. Upon receipt of the notice of appeal, the Town Manager shall fix a reasonable time for the hearing of the appeal, giving public notice pursuant Subsection D below, and hold a public hearing within 10 calender days from the date of filing of the notice of appeal. The Town Manager shall provide written notice to the appellant of the time and place of such hearing. At the hearing, any party may appear in person or by attorney. Formal rules of evidence shall not apply at the hearing, and the Town Manager may hear and consider any relevant probative evidence which he/she deems of sufficient credibility to be entitled to consideration.
D.
Notice requirements. Notice of appeals under this
section shall be provided as follows:
(1)
Notice by posting. The Town Manager shall cause to
be posted at one prominent and easily visible place on the subject
property, on eight-and-one-half-by-eleven-inch paper, a public notice
setting forth the date and place at which the Town Manager has scheduled
a hearing on the appeal; the name of this appellant; and a statement,
in plain language, of the matter involved. The notice shall also state
that, at the hearing, parties and interested persons may appear in
person or by attorney. It shall be the responsibility of the appellant
to maintain the notice in good condition during the posting period.
(2)
Notice by mail to complainant. If any enforcement
action under this article was commenced in response to a citizen's
complaint, notice of the hearing shall be sent, via regular mail,
to that citizen's permanent address and Bethany Beach address at least
five calender days prior to the hearing date.
(3)
Time of notice. Notice shall be posted on the property
at least five calender days before the hearing date.
E.
Decision. Upon the hearing being adjourned, the Town
Manager shall then decide the appeal and provide a brief written decision
within three business days from the time of the hearing to the appellant
by way of hand delivery or regular mail. The Town Manager may affirm,
modify, or reverse the action appealed.
[Amended 2-17-2006 by Ord. No. 407]
Any person convicted of violating any of the provisions of this article shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Except for violations of § 240-34B and 240-34F, each day of a continuing violation shall constitute a separate violation, punishable as such. Each separate occurrence of a violation of § 240-34B and 240-34F shall be deemed a separate offense.
