[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 108.
[Adopted 12-7-1998 by Ord. No. 108]
The slaughtering of any animal is prohibited at any site or location within the limits of the town with the specific exception of the slaughtering of chickens by Mountaire Farms of Delmarva, Inc., in its operations located in its plant on the northeast corner of Hoosier Street and the railroad, Sussex County Tax Map Nos. 5-33-16.11-41 and 41.1.
Butchering of any animal within the limits of the town shall only be done in a fully enclosed area not visible beyond such enclosure.
Any person, firm or corporation who violates this article shall be fined a minimum of $25 to a maximum of $500 for each offense, plus costs, including Town Attorney fees and Victim's Compensation Fund assessment. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. After the first offense, the town may confiscate the animal.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-3-2000 by Ord. No. 112]
As used in this article, 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, or any dog which constitutes a physical threat to human beings or animals by virtue of specific training or demonstrated behavior, including, but not limited to, chasing, charging, lunging, attacking or in any way molesting. Police K-9 dogs/units are exempt from the provisions of this article.
[Amended 5-1-2000 by Ord. No. 112A]
A. 
Upon finding that an animal is a vicious dog, the police officer or his designee shall notify the owner, in writing, giving the reasons for this determination.
B. 
An owner shall not leave a vicious dog unattended on the owner's real property unless the dog is confined indoors or in a locked and secured enclosure.
(1) 
When a vicious dog is not confined indoors or locked in a secure enclosure, it shall be leashed and muzzled and under the immediate control of the owner, whether the dog is on the owner's property or not.
C. 
The Police Department shall seize and impound a vicious dog, which engages in one or more of the following behaviors after having previously been determined to be a vicious dog:
(1) 
Without provocation has killed, inflicted severe injury or bitten a person;
(2) 
Has killed or inflicted severe injury to a domestic animal; or
(3) 
The dog or the dog's owner are found to be in violation of any section of this article.
D. 
A dog seized or impounded under this section may, upon order of the Police Department or selected designee, be destroyed for the protection of the public health, safety and welfare. If a vicious dog is returned, the owner must provide proof of spaying or neutering within 10 days to the Police Department or the vicious dog will be seized and destroyed.
The Police Department 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.
Any person convicted of violating a provision of this article shall be fined not less than $25 nor more than $200, plus court costs, including Town Attorney fees and Victim's Compensation Fund assessment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).