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Town of Henlopen Acres, DE
Sussex County
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[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 7-10-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Bridle paths — See Ch. 42.
Keeping of animals in residential districts — See Ch. 130, § 130-17.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Includes any and all types of animals, domestic and wild, male and female.
ANIMAL CONTROL OFFICER
The person appointed by the Mayor to enforce any animal control laws or regulations.
DOG
Either male or female canine.
LEASH
A cord, leash or chain not to exceed eight feet in length.
OWNER
Any person owning, keeping or harboring a dog or cat.
PROPERTY
Real and personal property shall include but not be limited to shrubbery, flowers and other plants.
[Added 7-9-1999]
RUNNING AT LARGE
Wandering, roving or rambling at will unrestrained off the premises of the owner and not under the control of a human being by use of a leash.
The Animal Control Officer shall enforce the provisions of this chapter.
The Mayor, with the approval of a majority of the Commissioners, shall appoint a suitable person to act as Animal Control Officer. Any person appointed to act as Animal Control Officer shall serve at the pleasure of the Mayor.
[Amended 4-6-2018]
No person shall keep or maintain any cow, goat, sheep, hog, horse or other animal or fowl of any sort upon any premises within the limits of the Town, except that household cats and dogs are permitted.
A. 
Dogs running at large prohibited.
(1) 
No owner of any dog shall permit any dog owned or maintained by him to run at large within the corporate limits of the Town.
(2) 
Any person who is the owner, custodian or has the control of any dog within the Town at all times of each day shall keep such dog either:
(a) 
Confined within an enclosure from which it cannot escape; or
(b) 
Firmly secured:
[1] 
By means of a collar, chain or other device so that it cannot stray from the premises on which it is secured; or
[2] 
By a physical leash not more than six feet in length whenever the dog is off the premises of its owner so that the dog cannot stray from his control, and such person shall carry and use a bag or other device to pick up and remove any excrement which said dog shall drop.
[Amended 8-10-2017]
B. 
Delivery of impounded dog to state officials. Any dog found running at large contrary to the provisions of this chapter may be delivered to the Board of Game and Fish Commissions of the State of Delaware, the Sussex County Authority for the Prevention of Cruelty to Animals or any agent thereof, for impounding and disposal under the rules and regulations adopted by it.
A. 
Cats at large. Cats that go outside must wear the rabies vaccination license or some form of identification to distinguish them from feral cats that are widespread in the Town.
B. 
Feral cats.
(1) 
The Animal Control Officer shall apprehend any feral cat running at large and cause said animal to be transported to the Delaware SPCA in Georgetown, Delaware.
(2) 
The Animal Control Officer shall have the authority to provide traps for feral cats to property owners in the Town for such owners to use to apprehend feral cats and cause said animals to be transported to the Delaware SPCA in Georgetown, Delaware.
[Added 7-9-1999[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 of charge violating the section if the feces were immediately removed and disposed of in a sanitary manner by the person exercising control over such dog.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 35-7, Violations and penalties, as § 35-10.
[Added 7-9-1999]
A. 
It shall be unlawful for the owner of any dog or the person exercising control over thereof 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 7-9-1999]
Sections 35-7 and 35-8 shall not apply to any specially trained companion dog accompanying a disabled person (e.g., Seeing Eye dog).
[Added 7-9-1999 by Ord. No. 99-1; amended 7-9-1999; 7-9-2004; 3-10-2017]
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code.