[Adopted 7-13-1988 by Ord. No. 428]
For the purposes of this article, the following
definitions shall be applicable unless the context clearly indicates
to the contrary:
To harbor, care for, own, shelter or in any way maintain.
Includes an individual, natural person, joint-stock company,
partnership, voluntary association, society, club, firm, company,
corporation, business trust, organization or any other group acting
as a unit, with a manager, lessee, agent, servant, partner, member,
director, officer or employee of any of them, including an executor,
administrator, trustee, receiver or other representative appointed
according to law.
An unlawful act or omission to discharge a legal duty, which
act or omission endangers the lives, safety, health or comfort of
the public or by which the public are obstructed in the exercise or
enjoyment of a right common to all.
Means and includes the duly appointed or designated Town
Manager of the Town of Georgetown, as well as such other person under
his or her supervision who is appointed by the Town Council to enforce
the provisions hereof.
[Added 9-11-1996 by Ord. No. 428]
It is the purpose of this article to eliminate
the keeping of barking dogs and crying cats within the corporate limits
of the Town of Georgetown.
This article is declared to be remedial and
shall be construed to secure the beneficial intent and purposes thereof
which are to eliminate dangerous conditions detrimental to public
good and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Georgetown.
It shall be unlawful for any person knowingly
to keep any dog which habitually barks, howls, whines or yelps, or
any cat which habitually cries or howls to the great discomfort of
the peace and quiet of the neighborhood or in such manner as to materially
disturb or annoy persons in the neighborhood who are of ordinary sensibilities.
Such dogs and cats are hereby declared to be detrimental to the public
health, safety and general welfare of the property owners and residents
of the Town of Georgetown and a common and public nuisance.
Whenever any person shall complain to the Town
Manager that a dog which habitually barks, howls, whines or yelps,
or a cat which habitually cries or howls is being kept by any person
in the Town of Georgetown, the Town manager may investigate.
Upon a finding by the Town Manager that a dog
which habitually barks, howls, whines or yelps, or a cat which habitually
cries or howls is being kept by any person in the Town of Georgetown
to the great discomfort of the peace and quiet of the neighborhood
or in such manner as to materially disturb or annoy persons in the
neighborhood who are of ordinary sensibilities, the Town Manager shall
send by certified mail with return receipt requested and postage prepaid
a notice to the owner of record of the property as shown on the tax
assessment records of the town to take whatever steps necessary to
alleviate the howling, whining, yelping or crying within 10 days following
receipt of such notice. Such notice shall contain the following information:
Upon failure of the property owner to alleviate
the barking, howling, whining, yelping or crying, as specified in
the notice, the Town Manager be and he or she is hereby authorized
to proceed to institute an action in the corporate name in any court
of competent jurisdiction in the State of Delaware to abate the nuisance.
[Amended 10-28-2015 by Ord. No. 2015-14]
In addition to any other remedy provided for
in this article and because the purpose of this article is to safeguard
and protect the public health, safety and general welfare of the property
owners and residents of the Town of Georgetown, the Town Manager is
hereby authorized to bring an action in any court of competent jurisdiction
to enjoin any violation of any provision of this article.
