[Adopted 11-8-1974 as Ch. 4, Art. 2, of the 1974 Code; amended in its entirety 1-17-2020 by Ord. No. 0120-01]
[Amended 11-21-2025 by Ord. No. 1125-02]
No resident of this City shall own or have control of any dog over six months of age unless it be duly licensed with valid state license tag in accordance with state laws. Anyone who violates this section shall be subject to a fine established in the City Schedule of Fees and Penalties.[1]
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
No person shall own or have control of any dog over six months of age unless a license tag is able to be presented at all times by the owner in the manner provided by the laws of the state.
A. 
It shall be unlawful to abandon or attempt to abandon an animal in City limits at any time. For this purpose, "abandon" shall mean to desert, forsake or absolutely give up care of an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care for a period of 24 hours.
B. 
Emergencies. During any and all emergencies, including natural disaster, act of terrorism, or any event requiring evacuation or displacement, no animal shall be left behind within, tethered to or inside of any shelter, or left outdoors unattended. Citizens shall contact an SPCA, OAW, and/or the Delaware Emergency Management Agency (DEMA)/Federal Emergency Management Agency (FEMA) for instructions and options for appropriate animal sheltering during evacuation. Resources for evacuation and emergencies can be found on the City of Rehoboth Beach website.
[Amended 11-21-2025 by Ord. No. 1125-02]
A. 
Any dog, cat or other animal that habitually (two or more times) bites or injures any human being or habitually attacks, bites or injures other dogs or animals or which has a known propensity to attack or bite human beings or animals is hereby defined to be a vicious dog, cat or other animal for the purpose of this chapter.
B. 
It shall be the duty of the Office of Animal Welfare and Delaware Animal Services or Chief of Police or their designees to receive and investigate complaints against dogs, cats or other animals. Whenever any dog, cat or other animal complained against shall be deemed by the above officers to be a possibly vicious dog, cat or other animal, the officer shall report the facts to the Alderman.
C. 
No dog, cat or other animal which has been determined to be a vicious dog, cat or other animal shall be permitted to run at large or be upon any street or public place, except while securely confined by an adequate leash and humanely muzzled so that it shall be impossible for it to tear or otherwise wound with its teeth any human being or animal, and shall be in the charge of a responsible person.
D. 
The Police Department shall keep a record of all vicious dogs, cats or other animals.
E. 
Anyone who violates this section shall be subject to a fine established in the City Schedule of Fees and Penalties.[1]
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
If any dangerous, fierce or vicious dog, cat or other animal shall be found running at large and cannot be taken up or tranquilized and impounded, such dog, cat or other animal may be slain by any police officer or agent authorized to perform any duty under this chapter.
[Amended 11-21-2025 by Ord. No. 1125-02]
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 or her immediate possession an appropriate device for removing feces immediately and placing it in a plastic bag or other sealed container so that it may be deposited into a trash container. The City leash law shall apply.
C. 
No person shall leave unattended any animal that causes frequent or long continued noise so as to disturb the comfort or repose of any person in the vicinity.
D. 
Poop scoop. It shall be the duty of each dog owner, custodian, or person having possession, custody or control of a dog within City limits to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area. No owner or custodian shall permit any dog or other domesticated animal to defecate on any public area, property of another, or upon the beach dune areas or beach walkways unless the feces is immediately removed, placed in a plastic bag or other sealed container and deposited into a trash container. Owners/custodians may not dispose of dog excrement in any manner that would likely result in contamination of all water bodies: ocean, canal, lakes. Any violation of this section shall constitute a violation punishable by a fine or civil penalty established in the City Schedule of Fees and Penalties.[1] For the purposes of enforcing the provisions of this section, appearance tickets requiring an appearance in a legal proceeding may be issued by City of Rehoboth Beach Police and by any persons authorized to issue tickets for parking violations. The provisions of this section shall not apply to a guide dog, hearing dog or ADA-recognized service dog accompanying a person with a disability.
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
E. 
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 ADA-compliant service animal being handled by a person who is legally blind.
F. 
Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.
[Amended 1-16-2026 by Ord. No. 0126-02]
A. 
No owner of any dog shall permit any dog owned or maintained by him to run at large within the corporate limits of the City.
(1) 
No dog shall be tethered at any time within 100 feet of any school, library or child-care center, regardless of the presence of any owner or custodian.
B. 
Control; location.
(1) 
Any person who is the owner, custodian or has the control of any dog within the City at all times of each day shall keep such dog either:
(a) 
Confined within an enclosure from which it cannot escape, which may include but not be limited to a fenced yard or enclosed pen;
(b) 
Firmly secured by means of a collar or other device so that it cannot stray from an owner or custodian; or
(c) 
Firmly secured by a leash whenever the dog is off the premises of its owner so that the dog cannot stray from his control. Dogs must be restrained by an adequate, fastened collar and a leash or lead that is six feet or less in length when not on the owner's property, on private property with owner permission, or on property where dogs are permitted off-leash per the Municipal Code. Dogs must be accompanied at all times by a responsible individual. It shall be unlawful for any person owning, having control of or harboring a dog within the City to permit such dog to run at large within the City, or to permit any dog to go upon any City or public street, property, sidewalk or right-of-way unless it is secured by a leash or lead or other means of restraint not harmful or injurious to the dog or under the control of a responsible person physically capable of restraining the dog.
(2) 
Dogs may not remain on the City boardwalk from May 15 through September 15 of each year, inclusive.
(3) 
Dogs on any City or public beach from September 16 through May 14 of each year, inclusive, may remain if they are leashed, well-behaved, obedient, well-socialized and under direct supervision and under control of an owner or custodian. No dogs are permitted on the City beach while lifeguards are present. Pets on any City property must be leashed at all times.
C. 
Unattended tethering of dogs prohibited. It shall be unlawful to tether any unattended dog whether or not the dog has been provided adequate space.
D. 
Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. ADA-recognized service animals are not exempt from the provisions of this section.
[Amended 1-16-2026 by Ord. No. 0126-02]
No person who is the owner or has control of any dog or other animal shall permit or suffer the dog or other animal to go upon the boardwalk or upon the beach of the City at any time from May 15 through September 15 of each year, inclusive. Dogs or other animals performing some act or function in behalf of any law enforcement agency or branch of the armed forces of this nation and its allies are exempt from this section as well as from § 88-15. This section shall not include ADA-recognized service animals. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.
A. 
Each police officer or the Animal Control Officer may apprehend any dog running at large contrary to the provisions of this article.
B. 
The police officer or Animal Control Officer who apprehends and impounds a dog shall keep a record of each dog apprehended and impounded. The record, as kept and maintained by the police officer and the Animal Control Officer, shall include for each dog apprehended and impounded the time, date and place of apprehending and impounding, the breed, if ascertainable, the color, the sex, the number of the state dog tag, if any, the final disposition and the date of disposition.
C. 
A compilation of the records of the Police Department or Animal Control Officer setting the information required shall be maintained at the office of City Manager at the Municipal Building.
D. 
Lost dogs and dogs at large. Any and all lost or found dogs shall be reported to the City of Rehoboth Beach Police Department and the Office of Animal Welfare/Animal Services. No unclaimed or roaming dog shall be claimed, housed or kept by any resident or visitor within the City limits of Rehoboth Beach without proper notification of the listed authorities.
(1) 
Lost dogs: dogs who are missing and have been reported to the Department as such by an owner or caregiver.
(a) 
Whenever an officer is dispatched to a lost dog complaint, officers initially respond as they would to a public assistance call for service. The goal is to reunite the dog with its owner. Often an owner will report their dog as missing in a short time frame. Dogs should be returned to their owners as soon as is practicable.
(b) 
A report should be taken, and the owner should be asked to provide an electronic picture of their dog to be distributed to:
[1] 
Police.
[2] 
Lifeguards.
[3] 
City staff.
[4] 
City website and affiliated social media groups and pages (NextDoor.com).
[5] 
After a short period, local veterinarians and appropriate agencies, such as the Office of Animal Welfare or local SPCA who may receive calls on the dog.
(2) 
) Dogs at large: dogs that are not under the restraint, confinement or direct control of the owner or caregiver that have not been reported as lost.
(a) 
If an officer is dispatched to a dog at large complaint, the officer should make every reasonable attempt to locate and take custody of the dog. If a dog is violent and presents an unreasonable danger, officers should contact the appropriate agency, such as the Office of Animal Welfare or the Division of Health and Social Services or the local SPCA for assistance.
(b) 
If the dog was not violent, it will be initially transported to the Department and held either in the vehicle (for brief periods and only under climate control) or in a crate/confined space (climate controlled) for longer durations as necessary. Dogs that are violent may be taken by the appropriate agency, such as Office of Animal Welfare, local SPCA, or appropriate rescue/foster for custody/care.
(c) 
Officers shall attempt to locate the owner either by license or chip.
(d) 
The police should have access at all times to a dog license list and chip reader. If the dog has a state license, the owner should be contacted immediately. The chip readers should scan any tag. Additionally, chip readers are readily available at most animal hospitals, veterinarian's offices and animal shelters.
(e) 
If an owner cannot be located, the dog should have a picture taken of it and posted on social media with City police and staff notified.
(3) 
Lost dogs or dogs at large causing injury to persons or property may rise to the level of a criminal offense. Officers believing a criminal offense has occurred as a result of a lost dog or dog at large should consult the Department of Justice before taking enforcement action unless circumstances are such that failure to act would deny a victim all opportunities for justice.
E. 
No person shall harbor or hold for a reward a dog, cat or other animal which has strayed upon his premises or which has been picked up on a public street, highway or other public place unaccompanied by its owner or other person or which has been stolen from its owner.
The owner of any dog apprehended and impounded by the Police Department or Animal Control Officer may reclaim the dog upon the payment of any fine and costs imposed for any violation and a charge from the date of apprehension as the cost of keeping and maintaining the dog.