[HISTORY: Adopted by the Commissioners of
the Town of Henlopen Acres 7-10-1998. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any and all types of animals, domestic and wild,
male and female.
The person appointed by the Mayor to enforce any animal control
laws or regulations.
Either male or female canine.
A cord, leash or chain not to exceed eight feet in length.
Any person owning, keeping or harboring a dog or cat.
Real and personal property shall include but not be limited
to shrubbery, flowers and other plants.
[Added 7-9-1999]
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.
[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]
[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.
