[HISTORY: Adopted by the Town Council of the Town of Fenwick Island as indicated in article histories. Amendments noted where applicable.]
Beaches — See Ch. 52.
[Adopted 7-31-1965; amended in its entirety 5-28-2004; 6-25-2004]
It shall be unlawful for the owner or guardian of any pet or other animal to allow such pet or other animal to go upon any property, public or private, within the Town except upon property owned or leased by the owner or guardian of the pet or other animal, unless the pet or other animal is on a leash.
No owner or guardian of any pet or other animal may permit that pet or other animal to be upon the strand or beach of this Town at anytime between May 1 through September 30 unless such pet or other animal is performing some act or function on behalf of a law enforcement agency or a disabled person.
No owner or guardian of a pet or other animal shall permit that pet or other animal to be on the dunes at any time.
Any pet or other animal found to be in violation of this section might be taken into custody and turned over to the proper authorities. The owner or guardian of that pet or other animal, upon identification, shall receive a written notice of violation issued by a law enforcement officer.
When a pet or other animal has been taken into custody pursuant to the previous section, such pet or other animal shall be promptly impounded in some place deemed appropriate for the purpose by the Town.
For the purpose of this chapter, a "nuisance animal" is defined as any animal that, by barking, whining, howling, or otherwise, disturbs the peace of any reasonable person of normal sensitivities, or becomes destructive to property, or which has bitten or attempts to bite any person, or is in any manner dangerous to the health, safety, or general welfare of persons in the Town of Fenwick Island.
It shall be unlawful for any person to keep any pet or animal that is found to be a nuisance within the Town of Fenwick Island.
Upon receipt of a valid complaint verified by the Fenwick Island Police Department regarding any pet or other animal deemed to be a nuisance, a written notice shall be issued to the owner or guardian of the pet or other animal specifying the time and place of the violation, to include a written request that the owner or guardian take immediate action to resolve the nuisance problem.
A second valid complaint within 30 days shall result in a summons being issued to the owner or guardian of the offending pet or other animal. Upon conviction, the owner or guardian shall be fined $100. The owner or guardian may also be required by the appropriate agencies to remove the pet or other animal from Town limits within 48 hours.
It shall be unlawful for any person to have within the Town a pet or other animal, where applicable, over four months old which has not been vaccinated against rabies so as to comply with the law(s) of Delaware.
It shall be unlawful for any person within the Town to permit excreta from any pet or other animal kept by such person to accumulate to the extent that it becomes visibly offensive or the odor therefrom can be detected by any person on any property other than the property on which such pet or other animal is kept, or that it provides a breeding ground for flies or mosquitoes or other insects. If any person shall violate this section, he/she shall be given written notice thereof, which shall direct that such excreta be eliminated within such time as may be specified in said notice, which shall be not less than 24 hours after delivery of the notice. Failure to comply with the notice shall constitute a violation of this article and shall be punishable by a fine of $100 for each day the article is violated.
It shall be unlawful for the owner or guardian of any pet or other animal, or person exercising control thereof, to permit such pet or other animal to damage, soil, defile or defecate or urinate upon any private property within the Town owned by any other person. "Property," as used herein, shall mean real and personal property and shall include but not be limited to shrubbery, grass, flowers and other plants. If any pet or other animal shall defecate upon any public or private property other than that owned or leased by the owner or guardian of such pet or other animal, the feces shall be immediately removed by the owner or guardian exercising control over such pet or other animal and disposed of in a sanitary manner. No owner or guardian shall dispose of feces in any waterway. Violation of this article will result in a fine of $100.
It shall be unlawful for any person to permit any pet or other animal owned by him/her or under his/her control to attack or molest any person or domestic pet or other animal on private or public property not owned or leased by the owner or guardian of such animal or the person exercising control thereof. This offense shall be punishable by a fine of $100.
It shall be unlawful for any person within the Town to harbor any domestic poultry, swine, cattle, horses, sheep, deer, pet or other animal, including fowl, found to be a health or safety hazard. Upon written notice, such pet or other animal(s) must be removed from the Town within 24 hours. This offense shall be punishable by a fine of $100 for each day the article is violated.
Any person violating any of the provisions of this article or committing any of the acts herein declared to be unlawful where no other specific penalty is provided shall, upon conviction thereof by a court of competent jurisdiction, be deemed guilty of a misdemeanor and punishable by a fine of $100 for each offense.
Ducks and geese are encouraged to halt their normal migrations and to establish a presence in Fenwick Island due primarily to the feeding of the waterfowl by Fenwick Island residents and visitors. The growing populations of waterfowl result in large amounts of waterfowl droppings that potentially can spread disease. Other problems caused by the droppings are excess nutrients in canals that, in turn, cause algae blooms, damage to lawns and soiling of walkways.
It is the intent of this article to minimize the attraction of these birds by restricting their feeding and other acts that encourage the birds to halt their migrations and to reside in Fenwick Island.
It shall be unlawful for anyone to provide food for waterfowl.
No person shall feed, cause or permit to be fed or provide food for domestic or migratory waterfowl in lands, either privately or publicly owned.
No person shall create or foster any condition or allow any condition to exist or continue which results in a congregation or congestion of domestic or migratory waterfowl.
Bird feeders shall be installed in a manner that does not encourage waterfowl to congregate.
Any person or persons convicted of violating the prohibitions of § 48-11 of this article shall be fined $100 for each offense. Each incident or each day that such an offense continues or reoccurs shall be deemed a separate offense.