[HISTORY: Adopted by the Board of Commissioners
of the Town of Bridgeville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-10-1984 by Ord. No. 521-B]
[Amended 4-11-2005 by Ord. No. A05-1]
A.
Nuisance and dangerous animals. 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.
B.
Farm animals. It shall be unlawful for any owner or
occupier of land to keep or maintain within the Town any animal commonly
raised or farmed for its meat, by-products or farm labor, including
but not limited to cows, bulls, poultry, fowl, swine, goats, sheep,
horses, mules, donkeys, bees, llamas, emus, alpacas, chinchillas,
ostrich, and bison, unless such animal is kept as part of a farming
operation within an Agricultural-Industrial Overlay Zone pursuant
to Article XV of the Zoning Code[1] or poultry and fowl kept and maintained on school property
within the Woodbridge School District for educational purposes.
[Amended 12-12-2022 by Ord. No. 22-06]
C.
Wild animals. It shall be unlawful for any owner or
occupier of land to keep within the Town any wild animal or reptile.
It shall be the duty of every police officer in the employ of the Town of Bridgeville to act upon complaints made by persons concerning animals violating § 84-1.
Each police officer investigating violations of § 84-1 shall give 48 hours' notice to the persons owning or having control of the animal or animals in violation of § 84-1. The person(s) owning or controlling said animal(s) shall have a period of 48 hours from the date of receipt of said notice to abate the nuisance or hazard created by the animal(s).
[Amended 4-9-2012 by Ord.
No. A12-2; 2-11-2013 by Ord. No. A13-2]
[Adopted 5-12-2008 by Ord. No. A08-2]
The purpose of this section is to promote the
public health, safety, and general welfare of the citizens of the
Town of Bridgeville. It is intended to be applicable to all dogs by
ensuring responsible and humane handling by their owners. The Town
Commission is designated as the lead agency charged with the administration
and enforcement of this article, and may appoint such persons to assist
in the administration and enforcement of this article as it deems
appropriate.
No person shall own or have custody of any dog
over six months of age unless the dog is licensed by the Delaware
Department of Natural Resources and Environmental Control in accordance
with 7 Del. C. § 1702[1] and has been vaccinated against rabies in accordance with
3 Del. C. § 8204. This provision shall not apply to dogs
in the Town of Bridgeville owned by a nonresident, provided that the
dogs are duly licensed in their home city, county or state and provided
that the owner has a valid rabies vaccination certificate for the
dog while the dog is in the Town.
[1]
Editor's Note: Former 7 Del. C. § 1702 relating
to fees for dogs and kennel licenses was repealed by 77 Laws 2009,
ch. 179, § 1, effective 1-1-2010.
No more than two dogs over the age of six months shall be permitted in any dwelling unit as that term is defined in § 234-15.1 of the Town of Bridgeville Zoning Code. This section shall not apply to persons who have obtained a retail dog dealer license or kennel license pursuant to 7 Del. C. § 1702(b) or (c).
All dogs shall be handled, cared for, and treated
in accordance with the specifications of 7 Del. C. § 1704.[1]
[1]
Editor's Note: Former 7 Del. C. § 1704 was repealed
by 77 Laws 2009, ch. 179, § 1, effective 1-1-2010.
[Amended 4-9-2012 by Ord.
No. A12-2; 2-11-2013 by Ord. No. A13-2; 2-11-2013 by Ord. No. A13-3]
No dog shall be permitted to run at large at
any time. Whoever allows such dog to run or remain at large in the
Town while in heat shall be deemed guilty of a violation.
A.
The owner or custodian of every dog shall, at all
times between the hours of sunset and sunrise of each day, keep such
dog confined within an enclosure from which it cannot escape.
(1)
Leash. No person having charge, custody, control or
possession of a dog shall allow the dog to exit its kennel, pen or
other proper enclosure unless such dog is securely attached to a leash
no more than four feet in length. No such person shall permit a dog
to be kept on a chain or tether outside its kennel, pen or other enclosure
unless a person capable of controlling the dog is in physical control
of the leash.
(2)
Confinement. Except when leashed as provided in this
section, all dogs shall be securely confined indoors or confined in
a locked kennel, pen or other secure enclosure that is suitable to
prevent the entry of children and is designed to prevent the dog from
escaping. The enclosed structure shall meet the following requirements:
(a)
The structure must have secure sides and a secure
top, or all sides must be at least eight feet high;
(b)
The structure must have a concrete pad floor
permanently attached to the sides; and
(c)
The structure must be of such a material and
closed in such a manner that the dog cannot exit the enclosure on
its own.
(d)
No dogs shall be permitted to be tethered to
any objects.
B.
Whoever, being the owner or custodian, possessor or
harborer of any female dog, allows such dog to run or remain at large
in the Town while in heat shall be deemed guilty of a violation.
C.
Whoever, being the owner, custodian, possessor or
harborer of any dog that, while running at large and without provocation,
bites a person shall be deemed guilty of a violation. For purposes
of this subsection, a dog shall not be deemed as running at large
if such dog is on land owned or leased by such dog's owner, custodian,
possessor or harborer.
[Amended 4-9-2012 by Ord.
No. A12-2; 2-11-2013 by Ord. No. A13-2; 2-11-2013 by Ord. No. A13-3]
A.
BOARD OF ANIMAL CONTROL
DANGEROUS DOG
(1)
(2)
(3)
DIRECTOR
MUZZLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Consists of the Town Code Enforcement Officer and two members
of the public who have demonstrated an interest in the matter of animal
control and who have been appointed to this position by the Town Commissioners.
Includes any dog that has been declared dangerous In the Board of Animal Control, as provided for in § 84-10B through § 84-10E of this chapter, or according to the records of the State of Delaware Office of Animal Welfare or any law enforcement agency:
[Amended 11-13-2017 by Ord. No. 17-5]
Has aggressively bitten, attacked, endangered,
or inflicted serious injury on a human being on public or private
property;
Has severely injured or killed a domestic animal
while off the owner's property; or
Has been used primarily or in part for the purpose
of dog fighting or is a dog trained for dog fighting.
The executive officer of the Board of Animal Control. Until
a Director has been appointed by the Town Commissioners, the Town
Code Enforcement Constable shall act as Director.
A device constructed of strong, soft material or of metal
designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.[1]
[1]
Editor's Note: The former definition of "pit bull dog," which
immediately followed, was repealed 11-13-2017 by Ord. No. 17-5.
B.
Procedure for declaring a dog dangerous.
(1)
An animal control officer, police officer, or any
adult person may request under oath that a dog be classified as dangerous
by submitting a sworn, written complaint to the Town of Bridgeville's
Board of Animal Control. Upon receipt of such a complaint, the Board
of Animal Control shall notify the owner of the dog that a complaint
has been filed and that an investigation into the allegations as set
forth in the complaint will be conducted.
(2)
At the conclusion of an investigation, the Board of
Animal Control may:
(a)
Determine that the dog is not dangerous and,
if the dog is impounded, waive any impoundment fees incurred and release
the dog to its owner; or
(b)
Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in § 84-10F and § 84-10G, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within 10 business days after a final determination that a dog is dangerous, the Board of Animal Control may cause the dog to be humanely destroyed.
[Amended 11-13-2017 by Ord. No. 17-5]
C.
Notification of dangerous dog declaration.
(1)
Within five business days after the Board of Animal Control has declared a dog dangerous, the Town Manager shall notify the owner by certified mail of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in § 84-10F and § 84-10G. The Town Manager also shall notify the Town Police Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements of conditions placed upon the dog owner.
[Amended 11-13-2017 by Ord. No. 17-5]
(2)
The notice shall inform the dog owner that he/she
may request, in writing, a hearing to contest the Board's finding
and designation within five business days after delivery of the dangerous
dog declaration notice.
(3)
If the Town Manager cannot with due diligence locate
the owner of a dog that has been seized pursuant to this section,
the Board of Animal Control shall cause the dog to be impounded for
not less than five business days. If, after five days, the owner fails
to claim the dog, the Board of Animal Control may cause the dog to
be humanely destroyed.
D.
Hearing on dangerous dog declaration.
(1)
The Board of Animal Control shall hold a hearing within
15 business days after receiving the dog owner's written request for
such a hearing. The Board shall provide notice of the date, time and
location of the hearing to the dog owner by certified mail and to
the complainant by regular mail.
(2)
At a hearing, all interested persons shall be given
the opportunity to present evidence on the issue of the dog's dangerousness.
Criteria to be considered in a hearing required by this section shall
include but not be limited to the following:
(3)
A determination at a hearing that the dog is in fact
a dangerous dog shall subject the dog and its owner to the provisions
of this section.
(4)
Failure of the dog owner to request a hearing shall
result in the dog being finally declared a dangerous dog and shall
subject the dog and its owner to the provisions of this section.
E.
Appeal from dangerous dog declaration. If the Board of Animal Control determines that a dog is dangerous at the conclusion of a hearing conducted under § 84-10D that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within seven business days after receiving notice that the dog has been finally declared dangerous.
F.
Keeping of dangerous dogs. The keeping of a dangerous dog as defined in § 84-10A shall be subject to the following requirements:
(1)
Leash. No person having charge, custody, control or
possession of a dangerous dog shall allow the dog to exit its kennel,
pen or other proper enclosure unless such dog is securely attached
to a chain leash no more than four feet in length. No such person
shall permit a dangerous dog to be kept on a chain leash outside its
kennel, pen or other enclosure unless a person capable of controlling
the dog is in physical control of the leash. Under no circumstances
shall an individual under the age of 21 years old be allowed to be
in possession or control of a dangerous dog when it leaves the residence
of the owner.
(2)
Muzzle. It shall be unlawful for any dog owner or
keeper of a dangerous dog to allow the dog to be outside of its kennel,
pen or other proper enclosure unless it is necessary for the dog to
receive veterinary care or exercise. In such cases, the dog shall
wear a properly fitted muzzle to prevent it from biting humans or
other animals. Such muzzle shall not interfere with the dog's breathing
or vision.
(3)
Confinement. Except when leashed as provided in this
section, a dangerous dog shall be securely confined indoors or confined
in a locked kennel, pen or other secure enclosure that is suitable
to prevent the entry of children and is designed to prevent the dog
from escaping. The enclosed structure shall meet the following requirements:
(a)
The structure must have secure sides and a secure
top, or all sides must be at least eight feet high;
(b)
The structure must have a concrete pad floor
permanently attached to the sides, and
(c)
The structure must be of such a material and
closed in such a manner that the dog cannot exit the enclosure on
its own.
(4)
Indoor confinement. No dangerous dog shall be kept
on a porch or patio or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such dog shall be kept in a house or structure when the windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
(5)
Liability insurance; surety bond. The owner of a dangerous
dog shall present to the Town Manager proof that he/she has procured
liability insurance or a surety bond in the amount of not less than
$100,000 covering any damage or injury that may be caused by such
dog. The policy shall contain a provision requiring that the Town
Manager be notified immediately by the agent issuing the policy in
the event that the insurance policy is canceled, terminated, or expires.
In the event that the owner proves to the satisfaction of the Town
Manager that insurance is not available, he/she may pay a nonrefundable
cash fee in the amount of $1,000 to the Town.
(6)
Notification of escape. The owner or keeper of a dangerous
dog shall notify the Town Police Department and Town Manager immediately
if such dog escapes from its enclosure or restraint and is at large.
Such immediate notification shall also be required if the dog bites
or attacks a person or domestic animal.
(7)
Failure to comply. It shall be unlawful and a misdemeanor
for any owner of a dangerous dog to fail to comply with the requirements
and conditions set forth in this section. Any dog found to be in violation
of this section shall be subject to immediate seizure and impoundment.
In addition, failure to comply with the requirements and conditions
set forth in this section shall result in the revocation of the permit
providing for the keeping of such animal.
G.
Permit and tag required for a dangerous dog.
(1)
The owner of a dangerous dog shall, within three business
days after the classification of the dog as dangerous or upon acquisition
of the dog, annually register to obtain a permit from the Town Manager
to harbor the dog.
(2)
Only persons 21 years of age or older shall be allowed
to own, keep or harbor a dangerous dog inside the Town's limits. The
owner must offer proof of age through a valid state-issued identification
card (e.g., driver's license) or certified birth certificate.
(3)
Such ownership is subject to the following conditions:
(a)
A color photograph of the dog showing its size
and color;
(b)
Proof of home ownership (e.g., deed, homeowner's
policy, mortgage coupon) or lease with express written permission
from the landlord allowing said dog to be harbored on the premises;
and
(c)
The fee for such permit shall be $100 per year.
(4)
The registration process and issuance of the permit
will result in the issuance of a special tag, to be attached at all
times to the dog's collar, so that an animal control officer or Town
Code Enforcement Constable may readily determine if the dog has been
registered.
(5)
Upon registration, the permit issued by the Town Manager
shall be carried by the owner at all times, and the permit must be
presented to an animal control officer or Town Code Enforcement Constable
upon demand.
H.
[2]Notification of intent to impound.
(1)
When an animal control officer or Town Code Enforcement Constable intends to impound a dog declared to be dangerous by reason of its having committed any of the acts described in § 84-10A, he/she shall notify the owner or custodian of the dog, by personal delivery or by certified mail, of the intended impoundment at least five business days prior to the intended impoundment, except as provided in § 84-10I.
(2)
The notice of intent to impound shall inform the owner
or custodian of the dog that he/she may request in writing, within
five business days prior to the intended impoundment, a hearing before
the Board of Animal Control to contest the intended impoundment and
finding of a violation.
(3)
Upon request by the owner or custodian of the dog for a hearing pursuant to Subsection J, a hearing shall be held within 10 business days after the request for a hearing. Notice of the date, time and location of the healing shall be provided by certified mail to the dog's owner or custodian requesting such hearing.
[2]
Editor's Note: Former Subsection H, regarding pit bull dogs, was repealed 11-13-2017 by Ord. No. 17-5. This ordinance also redesignated former Subsections I through P as Subsections H through O, respectively, and updated all of the internal references to those subsections so that they referred to the appropriate subsections.
I.
Immediate impoundment.
(1)
A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when a law enforcement person having jurisdiction in the matter or any animal control officer determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of § 84-10F or when the dog bites a person or domestic animal.
(2)
The owner or custodian of the dog immediately impounded pursuant to Subsection I(1) shall be notified of the impoundment by certified mail within five business days after the dog's impoundment.
(3)
The notice of impoundment shall inform the owner or
custodian of the dog that he/she may request, in writing, a hearing
to contest the impoundment within five business days after the mailing
of the notice of impoundment.
J.
Impoundment hearing.
(1)
If, after a hearing on impoundment, the Board of Animal Control finds no violation of § 84-10F, or that the dog has not bitten an individual or domestic animal, the dog shall be returned to its owner or custodian, if already impounded, or shall not be impounded as intended.
(2)
Incident to the findings and conclusions made at the
impoundment hearing, the Board of Animal Control may impose reasonable
restrictions and conditions for the maintenance of the dog to ensure
the health and safety of the public and the animal. Such conditions
may include, but shall not be limited to:
(a)
Posting of bond or other proof of ability to
respond in damages;
(b)
Specific requirement as to size, construction
and design of a kennel in which to house the dog;
(c)
Requirements as to type and method of restraint
and/or muzzling of the dog;
(d)
Permanent marking of the dog for purposes of
identification; and
(e)
Payment of reasonable fees to recover the costs
incurred by the Town in ensuring compliance with this section.
K.
Destruction.
(1)
The Board of Animal Control or its designee may order
the destruction of a dog that it determines to be dangerous to public
health or safety, a dog that has made a vicious attack upon an individual,
or a dog declared dangerous whose owner is unable or unwilling to
adequately restrain it.
(2)
The Board of Animal Control shall give written notice
by certified mail of its intention to destroy such dog to the owner
or custodian of the dog, who may request in writing, within 10 business
days after delivery of such notice, a hearing to contest the intended
destruction.
(3)
If no hearing is requested pursuant to Subsection K(2), the dog shall be humanely destroyed pursuant to applicable provisions of law.
(4)
If a hearing is requested pursuant to Subsection K(2), such hearing shall be held within 10 business days after the request, and the dog shall not be destroyed prior to the conclusion of the hearing.
(5)
The dog owner shall be responsible for payment of
all boarding costs and other fees as may be required for the Town
to humanely and safely keep the animal during any legal proceeding.
L.
Appeal from order of humane destruction. If the Board
of Animal Control orders a dangerous dog to be humanely destroyed,
that decision shall be final unless the dog owner applies to a court
of competent jurisdiction for any remedies that may be available within
15 days after receiving notice of the destruction order. If an appeal
is timely filed, the Board shall suspend the destruction order pending
the final determination of the court.
M.
Change of ownership.
(1)
Any owner of a dangerous dog who sells or otherwise
transfers ownership, custody or residence of the dog to another citizen
of this Town shall, within 10 business days after such change of ownership
or residence, provide written notification to the Board of Animal
Control of the name, address and telephone number of the new owner.
It also shall be the responsibility of the person transferring ownership
or custody of the dog to provide written notification of the dog's
classification as dangerous to the person receiving the dog. The previous
owner shall furnish a copy of such notification to the Board of Animal
Control, along with written acknowledgment by the new owner of his/her
receipt of such notification. The Board of Animal Control shall notify
the Town Manager of any changes of ownership, custody or residence
of the dog within three business days after receiving the required
information from the previous owner.
(2)
Any citizen of the Town of Bridgeville receiving a
dog classified as dangerous must obtain the required permit, tag and
enclosure prior to acquisition of the dog. The new owner shall comply
fully with the provisions of this section pertaining to obtaining
liability insurance, payment of fees, and maintenance, control and
ownership of a dangerous dog.
N.
Continuation of dangerous dog declaration. Any dog
that has been declared dangerous by any agency or department of this
Town, another municipality, county, or state shall be subject to the
provisions of this section for the remainder of its life. The person
owning or having custody of any dog designated as dangerous by any
municipality, county, or state government shall notify the Board of
Animal Control of the dog's address and conditions of maintenance
within five days of moving the animal into the Town of Bridgeville.
The restrictions and conditions of maintenance of any dog declared
dangerous by this Town, another municipality, county or state shall
remain in force while the dog remains in the Town.
O.
Upon proper
consideration of any training certificates, community service awards,
or similar certifications, the Board of Animal Control may make a
recommendation to the Commissioners of the Town of Bridgeville to
waive the registration fee for any dog that has been automatically
deemed a dangerous dog by breed. Once the recommendation has been
forwarded to the Commissioners, they shall vote on the matter. A simple
majority vote shall determine whether or not the fee shall be waived.
[Added 4-9-2012 by Ord.
No. A12-1]
[Amended 4-9-2012 by Ord.
No. A12-2; 2-11-2013 by Ord. No. A13-2; 2-11-2013 by Ord. No. A13-3]
This section shall become effective upon its
adoption by a majority of all members elected to the Commissioners
of Bridgeville.
