[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 52.
[Adopted 7-31-1965; amended in its entirety 5-28-2004; 6-25-2004]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
[Amended 10-23-2009]
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.
[Amended 10-23-2009]
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.
[Adopted 3-26-1999]
A.
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.
B.
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.
A.
It shall be unlawful for anyone to provide food for
waterfowl.
B.
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.
C.
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.
D.
Bird feeders shall be installed in a manner that does
not encourage waterfowl to congregate.
[Amended 10-23-2009]
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.
