For the purposes of this chapter, unless the context indicates otherwise, the following definitions shall be applicable:
- Either a male or female canine.
- Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
- Real and personal property shall include but not be limited to shrubbery,
flowers and other plants.[Added 11-6-2000]
- 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 restraints other than voice control; except a guide dog actually leading a blind or deaf person or a police work dog in use for police work.
It shall be unlawful for the owner of any dog, from the date of passage of this chapter, to permit any dog owned or maintained by him, whether licensed or unlicensed, to run at large within the corporate limits of the Town of Millsboro.
In a case where a person files a complaint with the town alleging a dog is running at large, the complainant or the town may contact the Society for the Prevention of Cruelty to Animals of the State of Delaware, Sussex Chapter, 326 South DuPont Highway, Georgetown (SPCA), for the purposes of apprehending and impounding any dog found running at large within the corporate limits of the Town of Millsboro contrary to the provisions of this chapter.
The owner of any dog apprehended and impounded by the SPCA may reclaim said dog upon the payment of any fine and cost imposed for any violation of this chapter.
Any person, firm or corporation, owning, keeping or harboring any dog which shall duly interfere with the quiet enjoyment of any person or persons of their property by barking or howling or yelping shall be deemed guilty of a violation.
It shall be unlawful for the owner of any dog or any person exercising control thereof to permit such animal to damage, soil, defile, defecate or urinate upon any private property within the town not owned or leased by such person; provided, however, that there should be a defense to a charge of violating the section if the feces were immediately removed and disposed of in a sanitary manner by the person exercising control over such dog.
It shall be unlawful for the owner of any dog or the person exercising control over said dog to permit such animal to damage, soil, defile or defecate upon any public property.
If any dog shall defecate upon any public property, the feces shall be immediately removed by the individual exercising control over such dog and disposed of in a sanitary manner, and failure to do so shall constitute a violation of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be fined not less than $25 nor more than $100, plus court costs and Victims Compensation Fund assessment.