As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
That person or an authorized representative, designated as
such by the Town of Galena, to perform duties described by this chapter.
AT LARGE
Off premises of the owner of animal and not under the immediate
control of a human being either by leash, cord, chain, or otherwise.
DOG
A member of the species canis familiaris, both male and female.
DOMESTICATED ANIMAL
Animals which, by long and continued association with humans,
have become thoroughly tamed and domesticated. These are limited to
the following: cats, dogs, rabbits, guinea pigs, hamsters, gerbils,
fish, and caged birds. These animals are only intended to be pets
and domesticated animal shall not mean animals kept for commercial
use.
[Amended 12-5-1994 by Ord. No. 94-3]
HEALTH OFFICER
The duly appointed Kent County Health Officer, or an authorized
representative.
KENNEL
An establishment wherein any person, group of persons, or
corporation engages in the business of boarding, breeding, buying,
grooming, or selling dogs, or wherein at any one time there are kept
or harbored five or more dogs over six months old for a business or
commercial purpose, or at which more than one litter of puppies per
year is offered for sale.
KENNEL, COMMERCIAL
Any premises wherein any person, persons, partnership or
corporation keeps, buys, sells, boards, trains for a fee, breeds more
than two litters a year, or engages in any activity involving dogs
for the purpose of generating income.
OWNER
Any person, partnership, or corporation owning, keeping,
or harboring domesticated animals.
PET SHOP
An establishment which offers to sell two or more species
of live animals with intent that they be kept as pets.
PUBLIC NUISANCE ANIMAL
Any animal which unreasonably annoys humans; endangers the
life or health of other animals or persons; or gives offense to human
senses; or which substantively interferes with the rights of citizens
to the enjoyment of life or property. The term "public nuisance animal"
shall mean and include, but is not limited to, any animal which:
A.
Damages property of anyone other than its owner;
D.
Excessively makes disturbing noises, including but not limited
to, continued and repeated howling, barking, whining, or other disturbances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
E.
Attacks other domesticated animals;
F.
In repeatedly found at large;
G.
Has bit two or more persons; or
H.
Has been designated by the Animal Control Officer to be a public
nuisance animal by virtue of being a menace to the public health,
welfare, or safety.
When a female dog or cat is in estrus, or in a condition commonly
known as "in heat," its owner or custodian shall prevent its contact
with another dog or cat, or the attraction of dogs or cats to the
premises in which the female dog or cat is kept, except for intentional
breeding purposes.
It shall be unlawful for any person to own, keep, or harbor
any dog over the age of four months within the Town of Galena, except
a dog included as part of a kennel, unless such dog is licensed as
required by Kent County.
Whenever a person is apprehended by a Animal Control Officer
and/or any law enforcement officer for violating any provisions of
this chapter, the officer shall prepare and sign a written citation
containing a notice to appear in Court, the name and address of the
person charged, appropriate license numbers, if any, the offense charged
and the time and place the person shall appear in Court as provided
for in § 64-10.3 of the Kent County Code.
Any owner violating any provision of this chapter shall be guilty
of a municipal infraction and, upon conviction thereof, shall be subject
to a fine of not more than $400.