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Town of Millsboro, DE
Sussex County
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It shall be unlawful for any person to harbor, house or otherwise maintain livestock of any kind, except as noted below, within the limits of the Town of Millsboro, and any person violating this article shall, upon conviction before the Alderman or a Justice of the Peace, be fined not less than $10 nor more than $100, plus the costs of prosecution, or imprisoned in the Sussex County Jail not exceeding 30 days.
It shall be unlawful to house, harbor or otherwise maintain any horse, colt, pony or other equine within the limits of the Town of Millsboro, without first having procured a permit from the Town Council, which permit shall be issued only after inspection of the premises by an appointed official of the town to determine that adequate structures and acceptable sanitary control are available; furthermore, no permit shall be issued for the maintenance of said facilities if they are to be located less than 200 feet from any habitable dwelling. Any person violating this section of this article, upon conviction before the Alderman or any Justice of the Peace, shall be fined not less than $10 nor more than $100, plus costs of prosecution, or imprisonment in the Sussex County Jail not exceeding 30 days.
A. 
It shall be unlawful for any person to hereafter erect, build, establish or maintain, within the limits of the Town of Millsboro, any poultry house having an area of more than 200 square feet on any single lot or property, and no poultry house larger than 200 square feet not now in operation shall hereafter be maintained without first having obtained permission by a resolution by the Town Council to do so.
B. 
No poultry house, as referred to in Subsection A of this section, shall be constructed within 500 feet of any structure owned by another and used for human habitation, occupancy or assemblage.
C. 
No domestic fowl shall be kept within the town limits otherwise than in compliance with the following conditions, to wit: house shall be dry, well ventilated and cleaned regularly with yard, if any, free from decaying foods, filth and free from odor; provided, however, that nothing herein contained shall apply to such fowls kept upon the premises of any provision or retail store, for a brief period of time, and designed for resale.
D. 
Any person violating any provision of this section of this article shall, upon conviction before the Aldermen or any Justice of the Peace, be fined not less than $10 nor more than $100, plus costs of prosecution, or imprisoned in the Sussex County Jail not more than 30 days.
If, in the opinion of the Town Council, the distance requirements as outlined in §§ 52-14 and 52-15 will create undue hardship, and conditions prevail where variance to said distance requirements can be safely considered, the Town Council may use their discretionary powers in said cases.