[HISTORY: Adopted by The Mayor and Council
of New Castle as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Delaware Street Wharf — See Ch. 112.
[Adopted 7-6-1993 by Ord. No. 350]
It shall be unlawful for any person to knowingly
permit a dog, cat or other domestic animal owned or subject to the
control of such person to defecate upon any street, sidewalk or park,
or upon any public property, or upon any private property within the
City of New Castle without the consent of the owner or tenant of such
private property. In the event that any dog, cat or other domestic
animal deposits its excrement upon any public or private land within
the City of New Castle, such owner of said dog, cat, or other domestic
animal shall remove immediately, in a sanitary manner in an airtight
bag or other closed or sealed container, any fecal matter deposited
by said dog, cat or other domestic animal.
The provisions of § 94-1 shall not apply to any person who by reason of loss or impairment of eyesight is accompanied by a dog described as a "Seeing Eye dog" or other dog educated by a recognized training agency or school and which is used as a leader or guide dog.
Any person who shall violate the terms of this
article shall be fined not less than $25 for the first conviction,
by a fine of not less than $50 for the second such conviction within
one year of the first conviction and by a fine of not less than $100
for each subsequent conviction within one year of the first conviction.
[Adopted 4-10-2007 by Ord. No. 450]
A.
The purpose of this article is to prohibit the feeding
of unconfined wildlife in any public park or on any other property
owned or operated by the City of New Castle, so as to protect public
health, safety and welfare and to prescribe penalties for failure
to comply.
B.
Nothing contained herein shall prohibit persons from
feeding wildlife on their private property, provided the same shall
not constitute a public nuisance.
As used in this article, the following terms
shall have the meanings indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated, including
but not limited to feral cats.
[Amended 7-16-2014 by Ord. No. 496]
No person shall feed any wildlife in any public
park or on any other property owned or operated by the City of New
Castle.
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of no less than $25 and no more than $100
or by community service of not more than 15 days, or any combination
of fine and community service, as determined in the discretion of
the appropriate court of law. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
