[Adopted 11-8-1974 as Ch. 4, Art. 2, of the 1974 Code;
amended in its entirety 1-17-2020 by Ord. No. 0120-01]
No resident of this City shall own or have control
of any dog over six months of age unless it be duly licensed with
valid state license tag in accordance with state laws. Anyone who
violates this section shall be fined not less than $50 or more than
$100.
No person shall own or have control of any dog
over six months of age unless a license tag is able to be presented
at all times by the owner in the manner provided by the laws of the
state.
A.
It shall
be unlawful to abandon or attempt to abandon an animal in City limits
at any time. For this purpose, "abandon" shall mean to desert, forsake
or absolutely give up care of an animal without having secured another
owner or custodian for the animal or by failing to provide the elements
of basic care for a period of 24 hours.
B.
Emergencies.
During any and all emergencies, including natural disaster, act of
terrorism, or any event requiring evacuation or displacement, no animal
shall be left behind within, tethered to or inside of any shelter,
or left outdoors unattended. Citizens shall contact an SPCA, OAW,
and/or the Delaware Emergency Management Agency (DEMA)/Federal Emergency
Management Agency (FEMA) for instructions and options for appropriate
animal sheltering during evacuation. Resources for evacuation and
emergencies can be found on the City of Rehoboth Beach website.
A.
Any dog, cat or other animal that habitually (two
or more times) bites or injures any human being or habitually attacks,
bites or injures other dogs or animals or which has a known propensity
to attack or bite human beings or animals is hereby defined to be
a vicious dog, cat or other animal for the purpose of this chapter.
B.
It shall be the duty of the Office of Animal Welfare
and Delaware Animal Services or Chief of Police or their designees
to receive and investigate complaints against dogs, cats or other
animals. Whenever any dog, cat or other animal complained against
shall be deemed by the above officers to be a possibly vicious dog,
cat or other animal, the officer shall report the facts to the Alderman.
C.
No dog, cat or other animal which has been determined
to be a vicious dog, cat or other animal shall be permitted to run
at large or be upon any street or public place, except while securely
confined by an adequate leash and humanely muzzled so that it shall
be impossible for it to tear or otherwise wound with its teeth any
human being or animal, and shall be in the charge of a responsible
person.
D.
The Police Department shall keep a record of all vicious
dogs, cats or other animals.
E.
Anyone who violates this section shall be fined not
less than $100 or more than $250.
No person shall place any poison of any description
in any place where it may be easily found and/or eaten, kill, or injure
or poison any animal or attempt to do so within the City.
If any dangerous, fierce or vicious dog, cat
or other animal shall be found running at large and cannot be taken
up or tranquilized and impounded, such dog, cat or other animal may
be slain by any police officer or agent authorized to perform any
duty under this chapter.
A.
It shall be unlawful for any person owning or possessing
a dog to permit such dog to go upon any sidewalk, parkway, street,
thoroughfare or private lands or premises without the permission of
the owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever
or to urinate or defecate thereon.
B.
It shall be unlawful for any person to cause or permit
a dog to be on property, public or private, not owned or possessed
by such person unless such person has in his or her immediate possession
an appropriate device for removing feces immediately and placing it
in a plastic bag or other sealed container so that it may be deposited
into a trash container. The City leash law shall apply.
C.
No person shall leave unattended any animal that causes frequent
or long continued noise so as to disturb the comfort or repose of
any person in the vicinity.
D.
Poop scoop. It shall be the duty of each dog owner, custodian, or
person having possession, custody or control of a dog within City
limits to remove any feces left by his or her dog on any sidewalk,
gutter, street or other public area. No owner or custodian shall permit
any dog or other domesticated animal to defecate on any public area,
property of another, or upon the beach dune areas or beach walkways
unless the feces is immediately removed, placed in a plastic bag or
other sealed container and deposited into a trash container. Owners/custodians
may not dispose of dog excrement in any manner that would likely result
in contamination of all water bodies: ocean, canal, lakes. Any violation
of this section shall constitute a violation punishable by a fine
or civil penalty of not more than $250. For the purposes of enforcing
the provisions of this section, appearance tickets requiring an appearance
in a legal proceeding may be issued by City of Rehoboth Beach Police
and by any persons authorized to issue tickets for parking violations.
The provisions of this section shall not apply to a guide dog, hearing
dog or ADA-recognized service dog accompanying a person with a disability.
E.
The provisions of this section shall not be applicable
to any dog performing some act or function on behalf of any law enforcement
or branch of the armed forces of this nation nor to any ADA-compliant
service animal being handled by a person who is legally blind.
A.
No owner of any dog shall permit any dog owned or
maintained by him to run at large within the corporate limits of the
City.
(1)
No
dog shall be tethered at any time within 100 feet of any school, library
or child-care center, regardless of the presence of any owner or custodian.
B.
Any person who is the owner, custodian or has the
control of any dog within the City at all times of each day shall
keep such dog either:
(1)
Confined within an enclosure from which it cannot
escape, which may include but not be limited to a fenced yard or enclosed
pen;
(2)
Firmly secured by means of a collar or other device
so that it cannot stray from an owner or custodian; or
(3)
Firmly secured by a leash whenever the dog is off
the premises of its owner so that the dog cannot stray from his control.
Dogs must be restrained by an adequate, fastened collar and a leash
or lead that is six feet or less in length when not on the owner's
property, on private property with owner permission, or property where
dogs are permitted off-leash per the Municipal Code. Dogs must be
accompanied at all times by a responsible individual. It shall be
unlawful for any person owning, having control of or harboring a dog
within the City to permit such dog to run at large within the City,
or to permit any dog to go upon any City or public street, property,
sidewalk or right-of-way unless it is secured by a leash or lead or
other means of restraint not harmful or injurious to the dog or under
the control of a responsible person physically capable of restraining
the dog. Dogs may not remain on the City beach or boardwalk from May
1 through September 30. Dogs on any City or public beach from October
1 through April 30 may remain if they are leashed, well-behaved, obedient,
well-socialized and under direct supervision and under control of
an owner or custodian. Pets on any City property must be leashed at
all times.
C.
Unattended tethering of dogs prohibited. It shall
be unlawful to tether any unattended dog whether or not the dog has
been provided adequate space.
No person who is the owner or has control of any dog or other animal shall permit or suffer the dog or other animal to go upon the main boardwalk or upon the beach or strand of the City at any time between May 1 of any year until September 30 of any year, both dates inclusive. Dogs or other animals performing some act or function in behalf of any law enforcement agency or branch of the armed forces of this nation and its allies are exempt from this section as well as from § 88-15. This section shall not include ADA-recognized service animals. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.
A.
Each police officer or the Animal Control Officer
may apprehend any dog running at large contrary to the provisions
of this article.
B.
The police officer or Animal Control Officer who apprehends
and impounds a dog shall keep a record of each dog apprehended and
impounded. The record, as kept and maintained by the police officer
and the Animal Control Officer, shall include for each dog apprehended
and impounded the time, date and place of apprehending and impounding,
the breed, if ascertainable, the color, the sex, the number of the
state dog tag, if any, the final disposition and the date of disposition.
C.
A compilation of the records of the Police Department
or Animal Control Officer setting the information required shall be
maintained at the office of City Manager at the Municipal Building.
D.
Lost dogs
and dogs at large. Any and all lost or found dogs shall be reported
to the City of Rehoboth Beach Police Department and the Office of
Animal Welfare/Animal Services. No unclaimed or roaming dog shall
be claimed, housed or kept by any resident or visitor within the City
limits of Rehoboth Beach without proper notification of the listed
authorities.
(1)
Lost
dogs: dogs who are missing and have been reported to the Department
as such by an owner or caregiver.
(a)
Whenever an officer is dispatched to a lost dog complaint, officers
initially respond as they would to a public assistance call for service.
The goal is to reunite the dog with its owner. Often an owner will
report their dog as missing in a short time frame. Dogs should be
returned to their owners as soon as is practicable.
(b)
A report should be taken, and the owner should be asked to provide
an electronic picture of their dog to be distributed to:
(2)
) Dogs
at large: dogs that are not under the restraint, confinement or direct
control of the owner or caregiver that have not been reported as lost.
(a)
If an officer is dispatched to a dog at large complaint, the officer
should make every reasonable attempt to locate and take custody of
the dog. If a dog is violent and presents an unreasonable danger,
officers should contact the appropriate agency, such as the Office
of Animal Welfare or the Division of Health and Social Services or
the local SPCA for assistance.
(b)
If the dog was not violent, it will be initially transported to
the Department and held either in the vehicle (for brief periods and
only under climate control) or in a crate/confined space (climate
controlled) for longer durations as necessary. Dogs that are violent
may be taken by the appropriate agency, such as Office of Animal Welfare,
local SPCA, or appropriate rescue/foster for custody/care.
(c)
Officers shall attempt to locate the owner either by license or chip.
(d)
The police should have access at all times to a dog license list
and chip reader. If the dog has a state license, the owner should
be contacted immediately. The chip readers should scan any tag. Additionally,
chip readers are readily available at most animal hospitals, veterinarian's
offices and animal shelters.
(e)
If an owner cannot be located, the dog should have a picture taken
of it and posted on social media with City police and staff notified.
(3)
Lost
dogs or dogs at large causing injury to persons or property may rise
to the level of a criminal offense. Officers believing a criminal
offense has occurred as a result of a lost dog or dog at large should
consult the Department of Justice before taking enforcement action
unless circumstances are such that failure to act would deny a victim
all opportunities for justice.
E.
No person
shall harbor or hold for a reward a dog, cat or other animal which
has strayed upon his premises or which has been picked up on a public
street, highway or other public place unaccompanied by its owner or
other person or which has been stolen from its owner.
The owner of any dog apprehended and impounded
by the Police Department or Animal Control Officer may reclaim the
dog upon the payment of any fine and costs imposed for any violation
and a charge from the date of apprehension as the cost of keeping
and maintaining the dog.
Any dog found running at large contrary to the provisions of
this article may be delivered to the local SPCA, or any agent thereof,
for impounding and/or disposal under the rules and regulations adopted
by it.
