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]
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.
[Added 11-6-2000[1]]
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.
[Added 11-6-2000]
A.
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.
B.
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.
[Added 11-6-2000]
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.
