No person shall place, bury or deposit under or on the property of another within the corporate limits of the Town of Delmar, Delaware, any dead animal without the written permission of the owner of such property.
[HISTORY: Adopted by the Mayor and Council of the Town of Delmar, Delaware, as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-1962 by Ord. No. 26]
No person shall allow the body of a dead animal to remain above the ground longer than 24 hours.
A dead animal must be buried to a sufficient depth so as to prevent any odor to escape therefrom.
[Amended 6-5-1995 by Ord. No. 105; at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
A person who does not comply with the provisions of this article is guilty of a municipal violation, and the penalty shall be $50 for each initial offense and $100 for each subsequent offense. Each day a violation continues is a separate offense.
[Adopted 9-28-2008 by Ord. No. 153]
The following terms, whenever used herein, shall have the meaning assigned unless a different meaning clearly appears from the context:
Every nonhuman species of mammal.
Any person designated as having the authority to enforce the laws of this article, including but not necessarily limited to a Code Enforcement Officer and Delmar police officer.
Any animal upon the property of a person other than the owner or within the traveled portion of any public road and not leashed or, when used for hunting, not under the control of a responsible person and obedient to that person's command.
Providing an animal with:
Wholesome, nutritious food and water in sufficient quantities to maintain animals in good condition;
Proper air;
Adequately sized shelter, shade and protection from the weather;
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
Veterinary care, when needed to prevent suffering; and
Humane care and treatment.
The collar should be loose enough around the animal's neck to prevent injury. Chains must be positioned to prevent tangling. Chains must be long enough to allow the animal movement away from the bedding and feces areas. The chain must be strong enough to restrain the animal in relation to the animal's size. The pen should be sturdy enough to restrain the animal. The size of the pen should be determined by the size of the animal, allowing free movement.
Any person owning, keeping, harboring or entrusted to safekeep an animal. A parent or guardian of a minor child who comes within this definition shall also be deemed the owner of the animal.
Any chicken, duck or goose.
Any licensed business that shall house or safekeep animals on a temporary basis during an owner's absence.
Those species of domestic animals that are primarily cared for and kept on a farm or other rural setting, including, but not limited to, chickens, ducks, geese, cows, sheep, goats, swine and other hoofed animals.
Any person, corporation, partnership, association or joint venture.
Any licensed business that shall have as its primary purpose the selling of animals and animal supplies to the public.
A dog shall be deemed a public nuisance when it is a danger to any person or when it engages in activities which disturb the peace and quiet of any neighborhood, including but not limited to excessive barking, whining or howling, chasing vehicles, attacking other domestic animals or damaging property.
Free from fecal buildup. An animal should be able to move around without making contact with any fecal buildup.
The area within which the animal is chained or penned, maintained free of trash, junk or other materials so as to provide adequate room for the animal to move about in a safe and healthy manner.
No person shall keep, raise, maintain, or have in his possession any live cows, goats, sheep, fowl or other livestock within the corporate limits of the Town, other than a licensed slaughterhouse.
A.
No person shall overdrive, override, overload, torture, ill-treat, cruelly or unnecessarily beat, maim, mutilate or kill (not including veterinary euthanasia) any animal, whether belonging to himself or another, or permit such acts to be done by another, nor shall any person instigate, engage in or in any way further any act of cruelty to any animal. The above, as refers to the killing of animals, shall not apply to slaughterhouses or poultry processing plants.
B.
No person shall fail to provide an animal under his control with:
(1)
Sufficient quantities of food and water to maintain such animal in good condition.
(2)
Sufficient air and ventilation to maintain such animal in good condition.
(3)
Shelter space and protection from the weather.
(4)
Veterinary care, when needed to prevent undue suffering.
(5)
Sanitary living conditions.
(6)
Sufficient living space.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
(7)
Proper collar and/or chain and/or pen.
No custodian or keeper of any animal shall permit such animal to run at large.
A.
Unrestrained animals may be impounded by the police or Animal Control Officer and confined in a humane manner. Said officers may use whatever humane means necessary to capture such unrestrained animals and shall not be held liable for the death or injury of the same.
B.
Impounded animals shall be kept for a minimum of 24 hours by the Animal Control Officer in Delmar. If the impounded animal is wearing a license or any other reasonable means of identification, the Animal Control Officer shall make reasonable attempts to notify the custodian. If the Animal Control Officer is unable to notify the custodian within 24 hours, the animal shall be delivered to Animal Control for Sussex County to be impounded by them as required under the Sussex County Code, as amended from time to time.
C.
Reclaiming impounded animals.
(1)
An animal impounded by the Animal Control Officer for Delmar may be reclaimed by the custodian or a person entrusted by the custodian during the 24 hours the animal is being held in Delmar, but only after all impounding charges have been paid to the Town of Delmar at a rate set by the Town, from time to time, to cover the expenses related to:
(2)
Such fees shall be reasonable and shall not exceed $25.
(3)
After the animal has been delivered to the care of the Animal Control for Sussex County, all arrangements for reclaiming said animal shall be made through said Animal Control and all charges shall be collected by and paid to Animal Control for Sussex County.
D.
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer may issue to the known custodian of such animal a notice of violation of this article.
E.
Any animal found in a critical condition from wounds, injuries or disease may, at the discretion of the Animal Control Officer, staff of Animal Control for Sussex County or a licensed veterinarian, be euthanized. If the animal is suffering great pain, it may be euthanized immediately and the custodian, if known, notified as soon as possible thereafter. Neither the Animal Control for Sussex County nor the Animal Control Officer shall be held liable for such an act.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
F.
The Animal Control Officer of Delmar shall keep complete and accurate records of the care and disposition of all animals impounded in the Town of Delmar.
G.
Neither the Town of Delmar nor its employees shall be liable for injury or illness which occurs or is contracted while an animal is confined by the Town.
It shall be the custodian's responsibility to keep a dog that is in heat confined to a building or other secure enclosure in such a manner as to prevent the attraction of other animals. If the same dog, belonging to the same custodian, shall be impounded in heat for a second time within 12 months, such dog cannot be reclaimed by the custodian thereof until the animal be spayed by a veterinarian at the request of Animal Control for Sussex County and the custodian shall have paid for the costs associated with the spaying of such animal.
No person shall keep any dog which, by frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity of such dog.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
Every dog six months of age and older must have assigned to it a current dog license issued by Animal Control for Sussex County. A tag evidencing the issuance of a license shall be affixed to a collar kept about the dog's neck.
The Animal Control Officer, after making a reasonable effort to seize and impound vicious or rabid dogs, may kill any vicious or rabid dog(s) in as humane a manner as possible.
Any vicious dog having bitten a person or other domestic animal may be impounded by the Animal Control Officer and held until such time as the custodian of said animal has submitted satisfactory evidence to the Animal Control Officer that adequate provisions have been made to protect the public from said animals.
All pet shops within the Town shall permit the Town's Animal Control Officer, upon reasonable notice, to inspect the premises. Said inspection shall be performed during normal business hours and shall have the purpose of assuring compliance with the provisions of this article as well as county and state law.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
It shall be unlawful for any person to own, harbor or keep any dog, cat or ferret six months of age or older unless such dog, cat or ferret has been vaccinated against rabies. It shall be the responsibility of every dog, cat or ferret custodian to have all dogs, cats or ferrets six months of age or older owned by him to be continuously protected against contracting rabies.
If a motor vehicle strikes an animal, the driver of the motor vehicle shall immediately notify the Town police or Animal Control for Sussex County.
The police or Animal Control Officer may direct that any animal which has bitten, scratched or attacked any person, or is suspected of having rabies, be confined for a ten-day observation period. Custodians of animals which are required to be confined may be authorized to quarantine their animals at home after the premises has been inspected by an Animal Control Officer. If the custodian's premises are found to be inadequate for home confinement, the animal will be confined at the Animal Control for Sussex County at the custodian's expense. No person shall refuse to surrender any animal for quarantine when the demand is made by the Animal Control Officer. No person shall release from confinement any such animal or remove such animal from its place of confinement without the consent of the Animal Control Officer. The custodian of the quarantined animal shall have such animal vaccinated against rabies within 15 days after the confinement period.
It shall be unlawful for any person to interfere in any manner with the Animal Control Officer in the performance of his duties.
It shall be unlawful to tamper with, damage or destroy any trap or cage or to release any animal from a trap or cage set by the Animal Control Officer.
All kennels within the Town shall permit the Town's Animal Control Officer, upon reasonable notice, to inspect the premises during normal business hours.
A.
No person shall own more than a total of five animals within the Town without a valid permit issued by Animal Control for Sussex County. An application for such a permit shall be filed with Animal Control for Sussex County and shall identify:
B.
Such permit shall be issued when it has been determined by the Animal Control Officer or Animal Control for Sussex County that:
(1)
All sections of this article have been satisfied;
(2)
The size of the property and the shelter thereon are adequate for the number or type of animals the custodian proposed to keep on the property; and
(3)
The number and type of animals the custodian proposed to keep on the property will not have a material adverse effect on the neighboring properties or the general welfare of such animals.
C.
Such permit may be revoked for failing to abate violations of this article within 15 days of notice to the custodian of said violation(s) or in the event the custodian no longer satisfies the criteria upon which the permit was issued. If such permit is revoked, it shall be the custodian's responsibility to reduce the number of animals to a permissible number, as set by the Animal Control Officer or Animal Control for Sussex County, after due consideration of the factors set forth in Subsection B above.
D.
If the applicant has withheld or falsified any information on the permit application, Animal Control for Sussex County shall refuse to issue a permit.
It is unlawful for any owner to allow his animal to become a public nuisance. Any animal shall be determined a public nuisance when it:
A.
Engages in activities that disturb the peace of any neighborhood.
B.
Damages any property other than its owner's.
C.
Causes unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facility.
D.
Is restrained in a manner which allows that animal to reach onto property that is not owned by the animal's owner.
E.
Makes or causes noises audible within a building or adjacent property and of sufficient volume and/or duration so as to disturb the quiet enjoyment of the occupants thereof.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
A.
Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by such dog on any public property or on private property without the consent of the owner or person in lawful possession of said property. For the purpose of this section, such dog fecal matter shall be immediately removed by placing said matter in a bag, wrapper or other container and thereafter disposing of it by depositing said matter in a trash receptacle.
B.
No person owning, possessing, harboring, or having the care, charge, control or custody of any dog, cat or other animal shall knowingly permit any waste matter from the animal to collect and remain on the owner's or custodian's property, or the property of others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property or on the property of others.
C.
This section shall not apply to a person who has a physical handicap which would prevent the person from complying with the requirements of this section.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
Any violation of this article shall be punishable as a municipal violation. A fine of $50 may be imposed for each violation of this article. A fine of $100 may be imposed for a second violation of this article. Each day a violation continues shall be deemed a separate municipal violation.