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City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lewes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 59.
Beaches — See Ch. 63.
Noise — See Ch. 132.
[Adopted 6-13-1966]
For the purposes of this article, unless the context indicates otherwise, the following definitions shall be applicable:
ANIMAL WELFARE OFFICER
An individual employed by or otherwise utilized by the City of Lewes for the purpose of enforcing dog control laws, rules, regulations and ordinances.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
DOG
Either a male or female canine.
[1]
OWNER
Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
RUNNING AT LARGE
Wandering, roving or rambling at will, unrestrained off the premises of its owner and not under the control of a human being by cord, leash, chain or otherwise.
[1]
Editor's Note: The former definition of "dog catcher, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now the definition of "Animal Welfare Officer."
It shall be unlawful for the owner of any dog, from the date of passage of this article, to permit any dog owned or maintained by him, whether licensed or unlicensed, to run at large within the corporate limits of the City of Lewes.
The Mayor, with the approval of a majority of the City Council, shall appoint a suitable person to act as Animal Welfare Officer for the purposes of enforcing the provisions of this article. Any person so appointed to act as Animal Welfare Officer shall serve at the pleasure of the Mayor. The duties of the Animal Welfare Officer, appointed pursuant to the provisions of this article, shall include, but shall not be limited to, the apprehending and the impounding of any dog, whether licensed or unlicensed, found running at large within the corporate limits of the City of Lewes, contrary to the provisions of this article. The Animal Welfare Officer shall keep a record of each dog apprehended and impounded by him. The record as kept and maintained by the Animal Welfare Officer shall include for each dog apprehended and impounded the time, date and place of apprehending and the impounding, the breed, if ascertainable, the color, the sex, the number of the state dog tag, if any, the final disposition. A compilation of the records of the Animal Welfare Officer setting forth the information required above shall be maintained at the Municipal Building.
It shall be the duty of the Animal Welfare Officer to give notice to the owner, if ascertainable, by registered mail with return receipt requested, within 72 hours from the time that the dog is apprehended and impounded. Such notice shall contain the information, or as much of it as is applicable, as is required to be kept and maintained by the Animal Welfare Officer in accordance with § 88-3. It shall also be the duty of the Animal Welfare Officer to post or cause to have posted in the Municipal Building, within 72 hours following the time of apprehending and impounding, notice of the apprehending and the impounding of each dog. Said notice shall contain the information, or so much of it as is applicable, as is required to be kept and maintained by the Animal Welfare Officer in accordance with § 88-3.
[Amended 5-12-1980]
The owner of any dog apprehended and impounded by the Animal Welfare Officer may reclaim said dog upon the payment of any fine and costs imposed for any violation of this article and a charge to cover the City's costs of keeping and maintaining the dog from the date of apprehension and impounding.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any dog apprehended and impounded by the Animal Welfare Officer in accordance with the provisions of this article may, if not reclaimed by the owner following the expiration of five days from the date of receipt of the registered notice by the owner or from the date of the posting of the notice in the Municipal Building, whichever is later, be turned over and released to the Animal Welfare Officer for disposition in accordance with the provisions of the Department of Agriculture rules and regulations, or the Animal Welfare Officer may release the dog to a person other than the owner upon the payment of the charge imposed for keeping and maintaining the dog; provided, however, that any dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released but shall be forthwith destroyed without the necessity of giving any notice.
[Added 4-11-1988]
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 immediate possession a bag or other device to use, for the pickup and removal from the property any excrement which said dog shall drop.
C. 
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 Seeing Eye dog being handled by a person who is legally blind.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this article continues shall be deemed and taken to be a separate and distinct violation.
[Adopted 7-18-1977]
[Amended 4-11-1988]
It shall be unlawful for any person who is the owner or who has control thereof to permit or suffer any dog to go upon any beach or strand located within the corporate limits of the City of Lewes or which is under the jurisdiction of the City of Lewes at any time without being attended by a person or persons responsible for the control of such dog, or to permit or suffer any dog to go upon any such beach or strand, aforementioned, even though thus attended, at any time between the hours of 8:00 a.m. and 6:30 p.m. of any day between the first day of May and the 30th day of September, both inclusive, of any calendar year, provided that nothing contained in this present Article shall prohibit any dog from being upon any such beach or strand at any time while performing some act or function on behalf of any law enforcement agency or while performing some act or function on behalf of any branch of the armed forces of this nation or while being used and handled as a Seeing Eye dog by any person who is legally blind. During such times as dogs are allowed upon the beach, the owner or person in control of such dog shall keep the dog under leash and shall carry and use a bag or other device to pick up and remove from the beach any excrement which said dog shall drop.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this article continues shall be deemed and taken to be a separate and distinct violation.