[HISTORY: Adopted by the Town Council of the Town of Frankford as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1996 by Ord. No. 19]
As used in this article, the following terms shall have the meaning indicated:
AT LARGE
A. 
Any dog that is unleashed and:
(1) 
On property open to the public; or
(2) 
On private property not owned by the owner of the dog, unless permission for such presence has been obtained.
B. 
The following dogs shall not be deemed to be "at large" if at heel or under reasonable control of a competent person and obedient to the person's command:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
"Working dogs," which are dogs that are not merely pets but that learn and perform tasks to assist their human companions, and include dogs trained to hunt, herd, assist law enforcement or search and rescue personnel, or assist persons with disabilities, while actively engaged in performing such functions.
(2) 
Dogs within a designated off-leash dog park or area, or within an area permitted by the Town, and attended by the dog's owner or custodian.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful within the Town for any person to own or have control of any dog over six months of age unless it be duly licensed in pursuance of the laws of the state, district or territory in which the owner has legal residence or the laws of the State of Delaware.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful within the Town for any person to own or have control of any dog over six months of age unless the license tag thereof be worn at all times by said dog in the manner provided by the laws of the state, district or territory in which the owner has legal residence or the laws of the State of Delaware.
Vicious dogs shall be controlled and regulated as provided in § 40-12 of this chapter. It shall be unlawful for any person who is the owner or has control of any rabid or diseased dog to permit the same to run at large within the Town at any time. Any person may and it shall be the duty of any member of the police force of the Town forthwith to kill any such rabid dog found running at large within or within one mile of the corporate limits of the Town.
It shall be unlawful for any person who is the owner or has the control of any unspayed female dog to permit such dog to run at large within the Town at any time during its estral period.
It shall be unlawful for any person who is the owner or has the control of any dog to suffer or permit the same to run at large anywhere within the Town unless accompanied by the owner or custodian and under immediate control by leash.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All dogs within the Town shall be given food and water daily by the dog owner in order to control the barking of said dog.
B. 
All dogs within the Town shall be kept from continuous barking.
It shall be the duty of every person who is the owner or custodian or has the control of any dog within the Town at all times to keep such either:
A. 
Confined within any enclosure from which it cannot escape;
B. 
Firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured; or
C. 
Under the reasonable control of some person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any dog found running at large contrary to the provisions of this article or which is wild, stray or untagged may be delivered to the State Office of Animal Welfare or any agent thereof for impounding and disposal under the rules and regulations adopted by it.
It shall be unlawful for any person, except a police officer or game warden, to place any poison of any description in any place on his premises or elsewhere where it may be easily found and eaten by dogs or to kill, injure or poison any dog or attempt so to do within the Town except in the case of a dog attacking a human being.
Any person found guilty of violating any of the provisions of this article shall be fined not less than $25 nor more than $100, plus court costs and Victims Compensation Fund assessment.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
VICIOUS DOG
A dog that has bitten a human being one or more times or otherwise has injured or attacked a human being or another dog or domesticated animal one or more times.
B. 
Control of vicious dogs.
(1) 
In a case where a person files a complaint with the Police Department alleging that a dog is vicious, the owner of the dog or the person responsible for the dog shall be notified of the date and place of the hearing on the complaint before the Town Council. The hearing shall be held within 10 days after the notice thereof is given to the owner or person responsible for the dog.
(2) 
After hearing the evidence, the Town Council shall decide whether the dog is a vicious dog and the owner or person responsible for the dog shall be notified of the Town Council's decision.
(3) 
In the event that a dog is found by the Town Council to be a vicious dog, the owner or person responsible for the dog shall be ordered not to permit the dog to be upon any street or other public place unless the dog is securely controlled by a leash and muzzle and is under the care and control of the owner or person responsible for the dog.
C. 
Records to be kept. The Town shall keep an up-to-date record of all vicious dogs, which shall include the name and description of the dog, the name, address and phone number of the owner or person responsible for the dog and the history of the vicious behavior of the dog.
D. 
Penalties for offenses. Any person convicted of violating a provision of this section shall be fined not less than $25 nor more than $100, plus court costs and Victims Compensation Fund assessment.