Statute in Full:
Dover Delaware
Wilmington, Delaware
Dover Delaware
Code of Ordinances City of Dover Delaware
Chapter 18 ANIMALS*
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*Charter references: Power of city to legislate for health, safety and welfare of community, subpart A, §§ 2, 17.
State law references: Animals generally, 3 Del. C. § 101 et seq.
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Sec. 18-1. Definitions.
Sec. 18-2. Appointment of animal control officer.
Sec. 18-3. Keeping swine.
Sec. 18-4. Running at-large.
Sec. 18-5. Dog licenses required.
Sec. 18-6. Noisy animals or fowl.
Sec. 18-7. Hitching to public trees.
Sec. 18-8. Excrement.
Sec. 18-9. Vicious dogs and animals--Generally.
Sec. 18-10. Same--Seizure and impoundment.
Sec. 18-11. Abandonment of domesticated animals in a public place or on property of another.
Sec. 18-12. Cruelty.
Sec. 18-13. Public nuisances.
Sec. 18-14. Impoundment of dogs at-large and nuisance animals.
Sec. 18-15. Destruction of animals.
Sec. 18-16. Keeping bees.
Sec. 18-17. Violations; fines.
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal includes every living dumb creature, and birds and fowl.
Animal abandonment includes completely forsaking or deserting an animal originally under one's custody, without making reasonable arrangements for custody of that animal to be assumed by another person.
Animal control officer means a person employed by the city as an enforcement officer, including sworn police officers.
Animal shelter and veterinary facility mean any premises so designated by the city for the purpose of impounding and caring for strays, animals found running at-large, or animals in violation of this chapter.
At-large means an animal off the premises of the owner and not under the control of a human being either by leash, cord, chain or otherwise.
Cruel includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
Custody includes the responsibility for the welfare of an animal subject to one's care and control, whether he owns it or not.
Domesticated animal means any animal that is accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, cows, horses, swine and fowl.
Food and drink includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Owner means any person, partnership, association, or corporation owning, keeping or harboring a dog or other animal. Any animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.
Public nuisance animal means any domestic animal or group of domestic animals which:
(1) At-large. Is repeatedly found at-large;
(2) Property damage. Damages the property of anyone other than its owner;
(3) Interference with persons, vehicles. Molests passersby or chases passing vehicles or bicycles;
(4) Noise. Barks, whines or howls in an excessive, continuous or untimely fashion;
(5) Odor. Creates an odor which is noxious or offensive, and/or which constitutes a substantial annoyance, convenience or injury to the public; or
(6) General welfare. Interferes with the health, comfort, safety or enjoyment of property; offends the sense of decency of the public as a result of unsanitary conditions in the area where such animals are kept; and/or creates a danger to the public health as determined by the state division of public health.
Restraint means when a dog or other animal is controlled by a leash, cord, chain, or under the control of an owner or other responsible person and obedient to that person's commands, or within a vehicle being driven or parked on the street, or within the property limits of its owner or keeper.
Shelter includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
Stray means a domesticated animal for which ownership is not established or for which the owner disclaims future responsibility.
Vicious dog or animal means any dog or animal which constitutes a physical threat to a human being or other animal by virtue of attacks of such number and/or severity as to be likely to cause property damage or physical injury. Evidence of a prior instance of an animal biting a human being, without provocation, shall be prima facie evidence that the dog or animal is vicious. This term is further defined in section 18-9(a).
Wild animal means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, boa, python, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state.
(Code 1981, § 4-1; Ord. of 8-28-1995)
Sec. 18-2. Appointment of animal control officer.
The chief of police may appoint persons to act as animal control officers.
(Code 1981, § 4-2; Ord. of 8-28-1995)
Sec. 18-3. Keeping swine.
It shall be unlawful and a nuisance for any person to keep any swine or to erect any pen, pigsty or other building or enclosure for the keeping of swine, without a permit, in writing, therefor from the health inspector. The health inspector shall not issue any permit which shall allow the keeping of swine or the erecting of any structure for keeping swine in an area of the city that has been subdivided.
(Code 1981, § 4-3; Ord. of 8-28-1995)
Sec. 18-4. Running at-large.
(a) Permitting unlawful. It shall be unlawful for any person to permit any animal to run at-large.
(b) Duties of police and animal control officer. It shall be the duty of every police officer and animal control officer to apprehend any dog found running at-large contrary to the provisions of this section and to impound it. Such person shall make a record of the breed, color and sex of the dog and the number of its license tag, if any. A compilation of the records of all dogs caught and impounded shall be maintained at the police headquarters station. Should any police officer or animal control officer be unable, after using reasonable and diligent efforts, to apprehend such animal, he may destroy it.
(c) Authority of citizens. Any citizen of the city may take up any animal found running at-large and deliver it to an animal control officer or police officer, or other authorized person, to be impounded.
(d) Notice to owner. It shall be the duty of the animal control officer or police officer or other person taking or impounding any animal to notify the owner, if known, within a reasonable time, either personally or by a written notice left at his usual place of abode or, if unknown, by five or more written or printed notices posted in public places within the city.
(Code 1981, § 4-4; Ord. of 8-28-1995)
Sec. 18-5. Dog licenses required.
(a) Generally. The owner or lawful possessor of any dog shall obtain a license for his dog pursuant to 7 Del. C. § 1702, and any owner or possessor who shall fail to comply with the provision of the laws of the state shall be punished as provided in section 1-17.
(b) Enforcement. The provisions of this section may be enforced by any police officer or by any person designated to act as an animal control officer.
(Code 1981, § 4-4.1; Ord. of 8-28-1995)
Sec. 18-6. Noisy animals or fowl.
(a) Prohibited. No person shall keep or maintain any animal or fowl which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the city. Such action is declared to be a public nuisance and detrimental to the public health and welfare.
(b) Notice; abatement; fine. It shall be the duty of every police officer or animal control officer to act upon complaints made by persons concerning animals violating subsection (a) of this section. Each police officer and animal control officer investigating the same shall give 48 hours' notice to the person owning or having control of any animal causing frequent or long continued noise such as to disturb the comfort or repose of persons in the city. The person owning or controlling said animal shall have a period of 48 hours from the date of receipt of said notice to abate the nuisance by disposing of the animal or by controlling the noise emitted by the same. In the event that the person owning or controlling said animal shall fail to do so within said period of time and if the animal continues to cause noise as it has in the past, the person owning or controlling said animal shall be deemed to be maintaining a public nuisance and shall be subject to a fine in the amount prescribed in section 1-17 until such nuisance is abated.
(Code 1981, § 4-5; Ord. of 8-28-1995)
Sec. 18-7. Hitching to public trees.
It shall be unlawful and a nuisance for any person to hitch or fasten any animal to any public ornamental or shade tree. Any police officer or other authorized person may impound such animal.
(Code 1981, § 4-6; Ord. of 8-28-1995)
Sec. 18-8. Excrement.
(a) Deposits prohibited. No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to deposit excrement upon any gutter, street, driveway, alley, curb or sidewalk in the city, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon any private property other than the property of the owner of such animal.
(b) Removal. Any person having possession, custody or control of any dog or other animal which deposits excrement in any area other than the private property of the owner of such dog or other animal, as prohibited in subsection (a) of this section, shall be required to immediately remove the said excrement from the surface and either:
(1) Carry the same away for disposal in a toilet; or
(2) Place the same in a nonleaking container for deposit in a trash or litter receptacle.
(c) Exceptions. The provisions of this section shall not apply to a guide dog accompanying any blind person, or a dog used to assist any other physically disabled person, or the animals used in any police activities of the city or to horses used by persons for the purpose of transportation on public roadways. Horses on private property other than the owner's must have their droppings removed by the owner.
(d) Enforcement. For the purpose of enforcing the provisions of this section, notice of violation shall be issued by police officers or any other persons authorized to enforce ordinances.
(e) Compliance. If the excrement is properly disposed of by the owner or person in charge of the animal, it will not be considered a violation of subsection (a) of this section.
(f) Accumulations. Every owner of, or person responsible for, one or more dogs or cats shall take all reasonable measures to prevent the accumulation of animal excreta in the area in which such animals are customarily kept. No such owner shall allow animal excreta to accumulate so as to create obnoxious or offensive odors.
(g) Violations; penalties. Any person convicted of violating the provisions of this section shall be punished as provided in section 1-17. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
(Code 1981, § 4-7; Ord. of 8-28-1995; Ord. of 9-22-2003)
Sec. 18-9. Vicious dogs and animals--Generally.
(a) Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Vicious dog or animal means:
(1) Attitude of attack. Any dog or animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;
(2) Dangerous. Any dog or animal, with a known propensity, tendency, or disposition to attack unprovoked, causes injury or otherwise endangers the safety of human beings or domestic animals;
(3) Attacks. Any dog or animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal, without provocation, on public or private property;
(4) Dogfighting. Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting; or
(5) Unlicensed. Any dog not licensed according to state, county, or city law.
(b) Tort; abuse of animal; crime. Notwithstanding the definitions of a vicious dog or animal as set forth in subsection (a) of this section, no dog or animal may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or animal, or was committing or attempting to commit a crime.
(c) Defending human being. No dog or animal may be declared vicious if any injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, a person was teasing, tormenting, abusing, or assaulting the dog or animal. No dog or animal may be declared vicious if the dog or animal was protecting or defending a human being within the immediate vicinity of the dog or animal from an unjustified attack or assault.
(d) Destruction of animal generally. Any vicious domestic animal, any wild animal, or any sick or injured animal, other than a dog carrying a current license tag, may be destroyed immediately after impounding. Any other animal shall be held for three days, except that dogs carrying a current license tag shall be held for five days.
(e) Destruction for public safety or humane reasons. When, in the judgment of the animal control agency, it is determined that any animal should be destroyed for humane reasons, or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein.
(Code 1981, § 4-8; Ord. of 8-28-1995)
Sec. 18-10. Same--Seizure and impoundment.
(a) Person bitten. When a person has been bitten by a vicious dog or animal, the person, or parent, guardian or person standing in loco parentis of the person, and the person owning the animal or in control or possession of the animal shall notify the city police department immediately and give the name and address of the person bitten and the owner of the animal, along with a description of the animal. All animals that bite a person shall be immediately confined for ten days in a city-approved animal shelter or veterinary facility, at the expense of the owner.
(b) Confinement. If the owner of a dog or cat that has bitten a person can provide proof of a currently valid rabies vaccination, that dog or cat may be quarantined on the premises of the owner or custodian.
(c) Impoundment if not confined. Any dangerous or vicious animal may be impounded by an animal control officer or police officer to protect the public safety. Said impoundment will be in a city-approved animal shelter or veterinary facility at the owner's expense. No dangerous or vicious animal will be returned to the owner unless said animal is confined by the owner within a building or secured enclosure and shall be securely muzzled or caged whenever off the premises of its owner. Every person harboring a vicious animal, vicious dog or a wild animal is charged with an affirmative duty to confine said animal in such a way that the public does not have access to such animal.
(Code 1981, § 4-9; Ord. of 8-28-1995)
State law references: Similar provisions, 3 Del. C. § 8208.
Sec. 18-11. Abandonment of domesticated animals in a public place or on property of another.
No person shall abandon any dog, cat, or domesticated animal in any public place, including the right-of-way of any public highway, road or street, or on the property of another.
(Code 1981, § 4-10; Ord. of 8-28-1995)
Sec. 18-12. Cruelty.
No person shall:
(1) Ill-treatment. Override, torture, ill-treat, abandon, willfully inflict inhumane injury or pain not connected with bona fide scientific or medical experimentation to, or cruelly or unnecessarily beat, maim, mutilate, or kill any animal, whether belonging to himself or another.
(2) Food or shelter. Deprive any animal of necessary sustenance, food, drink, or shelter.
(3) Cruelty. Willfully set on foot, instigate, engage, or in any way further any act of cruelty to any animal.
(4) In vehicle. Carry, or cause to be carried, in or upon any vehicle or vessel, or otherwise, any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering.
(5) Causing or permitting. Cause any of the above or, being the owner of an animal, permit such acts to be done by another.
(Code 1981, § 4-11; Ord. of 8-28-1995)
Sec. 18-13. Public nuisances.
(a) Notice to owner. A reasonable attempt shall be made to notify the owner of any animal suspected of constituting a public nuisance.
(b) Impoundment. Every public nuisance animal shall, upon demand, be delivered to the animal control officer or a police officer. It shall be unlawful for the owner of a public nuisance animal to refuse to surrender such animal to the animal control officer or police officer. A public nuisance animal which has been impounded by the animal control officer or police officer may be redeemed by the owner only upon the conditions established in this chapter.
(c) Unredeemable animals. Any animal found unredeemable shall be disposed of in a humane manner. Impoundment of said animal is at the owner's expense.
(Code 1981, § 4-12; Ord. of 8-28-1995)
Sec. 18-14. Impoundment of dogs at-large and nuisance animals.
Dogs at-large and nuisance animals may be taken by an animal control officer or police officer and impounded in an animal shelter or veterinary facility at the owner's expense. At the discretion of the animal control officer or police officer, such dog or animal may be left in the custody of its owner and said owner shall be issued a summons for a violation of this chapter.
(Code 1981, § 4-13; Ord. of 8-28-1995)
Sec. 18-15. Destruction of animals.
Except as prescribed in section 18-9(e), destruction of animals shall be performed at a designated animal shelter or veterinary facility.
(Code 1981, § 4-15; Ord. of 8-28-1995)
Sec. 18-16. Keeping bees.
(a) Location of beehives from structures and businesses. Beehives for the housing of bee colonies shall not be located closer than 150 feet from residential structures, hospitals, public eateries, churches, offices or schools.
(b) Maintenance permitted at educational and farm facilities; exemption. Universities, colleges, museums and farms of two acres or more may maintain hives on their properties in a safe manner, provided that the hives meet a 40-foot setback requirement from buildings on adjacent properties. Universities, colleges, museum facilities and farms of two acres or more are exempt from the 150-foot setback requirement for buildings that are located on their properties.
(c) Declared nuisance; removal. Any beehive that is declared a nuisance by a majority vote of the city council may be required to be removed or relocated.
(Code 1981, § 4-16; Ord. of 12-11-1995)
Sec. 18-17. Violations; fines.
(a) Any person convicted of a violation of this chapter shall pay a mandatory and nonsuspendable fine of at least the minimum fine for each offense as follows:
(1) Any person convicted of violating the provisions of section 18-7 shall be sentenced to pay a fine not less than $10.00, or more than $100.00 for each violation.
(2) Any person convicted of violating the provisions of sections 18-3, 18-4, 18-5, 18-8, and/or 18-13 shall be sentenced to pay a fine of not less than $25.00, or more than $100.00 for each violation.
(3) Any person convicted of violating the provisions of section 18-6 shall be sentenced to pay a fine not less than $50.00, or more than $100.00 for each violation.
(4) Any person convicted of violating the provisions of sections 18-9, and/or 18-12 shall be sentenced to pay a fine of $100.00 for each violation.
(b) Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
(Code 1981, § 4-14; Ord. of 8-28-1995; Ord. of 9-22-2003)
Wilmington, Delaware
Code City of Wilmington Delaware
Chapter 3 ANIMALS*
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*Charter references: General powers of city, § 1-102.
Cross references: Health and sanitation, ch. 13.
State law references: Animals generally, 3 Del. C. § 7101 et seq.; poultry generally, 3 Del. C. §§ 6103--6512; game, wildlife and dogs, 7 Del. C. § 101 et seq.
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Article I. In General
Sec. 3-1. Definitions.
Sec. 3-2. Interpretation.
Sec. 3-3. Inspection of buildings, dwellings, etc., generally; right of entry of animal control officers.
Sec. 3-4. Enforcement contract.
Sec. 3-5. Enforcement.
Sec. 3-6. Necessary action in addition to penalties.
Sec. 3-7. Impoundment of animals at large, nuisance animals, etc.; notification of owners; redemption fees; disposition of unclaimed animals; notice of violation.
Sec. 3-7.1. Public nuisance animals.
Sec. 3-8. Destruction of animals for humane reasons.
Sec. 3-9. Licensing of dogs--Required; fees; exemptions; penalty for failure to license dogs.
Sec. 3-10. Same--License tags.
Sec. 3-11. Restraint and confinement; penalties for violation of section.
Sec. 3-12. Accumulation of dog, cat, pigeon or other animal or domestic bird fecal matter.
Sec. 3-13. Removal of fecal matter of dogs, cats, pigeons and other animals or domestic birds.
Sec. 3-14. Proper and humane care of domestic animals required; penalties for violation of section.
Sec. 3-15. Keeping of wild animals, farm animals; exceptions; penalty.
Sec. 3-16. Pit bull terrier dogs.
Sec. 3-17. Registration of dangerous animals and public nuisance animals.
Secs. 3-18--3-45. Reserved.
Article II. Protection of Certain Baby Fowl and Animals
Sec. 3-46. Minimum allowed to be sold or given away.
Sec. 3-47. Selling, giving away, etc., dyed animals and fowl.
Sec. 3-48. Use as a toy, etc.
Sec. 3-49. Sales or displays exempt from article.
Sec. 3-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means any person employed by the Delaware Society for the Prevention of Cruelty to Animals as its enforcement officers and for purposes of this chapter, any Wilmington police officer whenever called upon to enforce any provisions of this chapter.
Animal shelter means any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large means any dog which is off the property of his owner and not under restraint.
Dangerous animal means any dog or other animal that causes death or injury to a person or to another animal, or attacks a person causing physical contact, whether or not it results in injury to the person. Any such dog or other animal shall automatically be deemed dangerous, except only as provided herein, and all rules and regulations concerning dangerous animals shall be immediate enforced upon the owner. Records shall be kept by the Delaware S.P.C.A. and shall be forwarded to the Wilmington Police Department, each of which shall keep a separate file for animals deemed dangerous.
No animal shall be declared dangerous or a public nuisance, if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other crime upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal, or at the time was committing or attempting to commit a crime.
Owner means any person owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
Pit bull terrier shall mean any and all of the following dogs:
(1) Staffordshire bull terrier breed of dogs;
(2) American Staffordshire terrier breed of dogs;
(3) American pit bull terrier breed of dogs;
(4) Dogs which have been registered at any time as any of the specified breeds; and
(5) Dogs which have the appearance of being predominantly of the breed of dogs known as Staffordshire bull terrier, American Staffordshire terrier, or American pit bull terrier. A dog shall be deemed to have the "appearance of being predominately of the breed of dogs" if the dog exhibits the physical characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for any of these breeds. If there is some question as to the dog's breed at the time of seizure, the determination shall be made by the state S.P.C.A. If officials classify the dog as a pit bull terrier, or as a mixed breed dog with pit bull characteristics, the owner must, within 48 hours of notification that the dog is deemed to conform to the above definition and before redemption of said animal from the state S.P.C.A., register the dog according to the requirements outlined in section 3-16 of this chapter.
Public nuisance animal means any domestic animal or group of domestic animals which:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Menaces passersby or chases passing vehicles, or exhibits behavior which requires a defensive action by any person to prevent physical contact, bodily injury or property damage when such person is conducting himself peacefully and lawfully, or engages in an attack which results in property damage; or
(4) Barks, whines, howls or emits any sound in an excessive or continuous fashion.
Restraint means any animal secured by a leash or lead, or within the real property limits of its owner; or within a vehicle being driven or parked on the streets.
Secure enclosure means a secure enclosure for a vicious animal when it is not confined in a locked building shall mean a pen, or a fenced area, or a dog-run area, on the premises of its owner or of any other person authorized by the owner to harbor such animal and which pen, fenced area or dog-run area, shall be kept locked, all sides of which shall be six feet in height or, if less than six feet in height, shall have a secured top, and if it has no bottom secured to the sides, then the sides shall be embedded into the ground to a depth of not less than one foot. Any such enclosure shall be subject to inspection by the department of licenses and inspections or by any animal control officer in order to assure compliance with the provisions of this chapter.
Wild animal means any live monkey, nonhuman primate, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state.
(Code 1968, § 22-1; Ord. No. 95-046(sub 1), § 1, 8-31-95; Ord. No. 99-108(sub 1), § 1, 3-16-00; Ord. No. 00-040(sub 1), § 1, 4-13-00)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 3-2. Interpretation.
This chapter is to be interpreted in a manner which allows the greatest protection of the citizenry of this city and the most humane treatment of animals, while allowing the greatest possible freedom to well-trained animals under control of a competent person.
(Code 1968, § 22-14(a); Ord. No. 92-053(sub 1), § 5, 7-2-92)
Sec. 3-3. Inspection of buildings, dwellings, etc., generally; right of entry of animal control officers.
(a) The animal control officer shall have the right to enter upon any outside premises at all reasonable times for the purpose of discharging the duties imposed upon them by this chapter where they deem it necessary for the welfare of an animal.
(b) The code official is hereby authorized to make inspections to determine the condition of buildings, dwellings, and premises including the land on which the same are located and including vacant lots, located within this city, in order that he may perform his duty of safeguarding the health and safety of the occupants of buildings, dwellings and land, and the general public. For the purposes of making such inspections, the code official is hereby authorized to enter, examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all buildings, dwellings, lands and premises. The owner or occupant of every building, dwelling, land and premises, or the person in charge thereof, shall give the code official free access to such building, dwelling, land and premises during such time for the purpose of such inspection, examination and survey; provided, that such inspection, examination or survey shall not have for its purpose the undue harassment of such owner or occupant and that such inspection, examination or survey shall be made so as to cause the least amount of inconvenience to such owner or occupant consistent with the efficient performance of the duties of the code official.
(c) Nothing in this section shall be construed to prohibit the entry of the code official: (1) At any time when an actual emergency which tends to create an immediate danger to public safety exists, or (2) at any time when such an inspection, examination or survey may be requested by such owner or occupant; provided, however, that any such requested inspection, examination or survey is otherwise authorized and, further, that nothing herein shall be construed to mean that the code official is required to perform such requested inspection, examination or survey.
(d) For purposes of this section and the enforcement provisions of this Code, "code official" shall mean and include the department of licenses and inspections, the city police department, the state S.P.C.A or other designated authority charged with the administration and enforcement of this Code and chapter, and a duly authorized representative. The lead agency in the city government in enforcing this provision is the city police department.
(Code 1968, § 22-10; Ord. No. 94-002, § 3, 2-24-94; Ord. No. 99-108(sub 1), § 3, 3-16-00; Ord. No. 00-040(sub 1), § 3, 4-13-00)
Sec. 3-4. Enforcement contract.
The council shall enter into a contract with the Delaware Society for the Prevention of Cruelty to Animals or other nonprofit corporation organized for similar purposes to perform the duties of enforcing the provisions of this chapter. If the contracting party is an organization other than the Delaware Society for the Prevention of Cruelty to Animals, all references to the Delaware Society for the Prevention of Cruelty to Animals shall refer to the actual contracting party.
(Code 1968, § 22-11)
Sec. 3-5. Enforcement.
(a) The Delaware Society for the Prevention of Cruelty to Animals may establish whatever regulations it deems necessary to facilitate enforcement of the provisions of this chapter.
(b) The city police department shall enforce any and all regulations established to facilitate enforcement of this section.
(c) The animal control officers shall have all powers and duties of police officers of the city, limited however to the powers and duties incident to the enforcement of this chapter and other statutes, ordinances and regulations concerning the registration of dogs, the prevention of annoyance therefrom, the prevention of cruelty to animals, and the taking up and impounding of animals at large. These powers and duties shall include the power to issue summonses compelling appearance in the court having jurisdiction to answer charges for violations of this chapter.
(Code 1968, § 22-12; Ord. No. 99-108(sub 1), § 4, 3-16-00; Ord. No. 00-040(sub 1), § 4, 4-13-00)
Sec. 3-6. Necessary action in addition to penalties.
In addition to the penalties prescribed in this chapter, the court may take any action it deems necessary for the best interest of the animal involved and the welfare of the neighborhood in which that animal is harbored.
(Code 1968, § 22-13)
Sec. 3-7. Impoundment of animals at large, nuisance animals, etc.; notification of owners; redemption fees; disposition of unclaimed animals; notice of violation.
(a) Animals at large, unrestrained animals and nuisance animals shall be taken by the police, or animal control officers, and impounded in an animal shelter and there confined in a humane manner.
(b) Any dangerous domestic animal, any wild animal, any dog or other animal used for fighting, or any sick or injured animal other than a dog carrying a current license tag may be destroyed immediately after impounding, provided that such action is approved by an authorized officer or employee of the Delaware S.P.C.A. Any other animal shall be held for three days, except that dogs carrying a current license tag shall be held for seven days. Under no circumstances shall a pit bull terrier which has not been properly licensed and registered in accordance with this section be released. If the state S.P.C.A. classifies a dog as a pit bull terrier or as a mixed breed dog with pit bull terrier characteristics, the owner must either register the dog within 48 hours of notification, exclusive of Sundays and holidays, and pay a $150.00 redemption fee to the state S.P.C.A. prior to retrieving it. If the dog is not retrieved within that time period, the dog becomes the property of the state S.P.C.A., who may dispose of it at its discretion.
(c) If, by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner by telephone or written notice.
(d) An owner reclaiming an impounded cat shall pay a fee of $2.00 for the first day plus $1.00 for each succeeding day the animal has been impounded.
(e) Any owner reclaiming an impounded dog shall pay a fee of $8.00 for the first day plus $3.00 for each succeeding day the animal has been impounded.
(f) An owner reclaiming any other type of impounded animal shall pay a fee of $5.00 plus a sum determined by the Delaware Society for the Prevention of Cruelty to Animals in an amount comparable to the cost of boarding the animal for each day the animal has been impounded; however, such daily fee cannot be in excess of $10.00 per day.
(g) Any animal not reclaimed by its owner within seven days shall become the property of the Delaware Society for the Prevention of Cruelty to Animals and shall be placed for adoption in a suitable home or humanely euthanized.
(h) In addition to or in lieu of impounding an animal found at large or a public nuisance animal, the animal control officer, humane officer or police officer may issue to the known owner or affix securely to the door of the house or apartment from which the noise is emanating a notice of ordinance violation compelling appearance in municipal court. In lieu of appearance in court, the offending owner shall pay a minimum fine of $5.00 for each violation.
(Code 1968, § 22-4; Ord. No. 95-046(sub 1), § 1, 8-31-95; Ord. No. 99-108(sub 1), § 5, 3-16-00; 00-020, § 1, 3-2-00; Ord. No. 00-040(sub 1), § 5, 4-13-00)
Sec. 3-7.1. Public nuisance animals.
(a) A reasonable attempt shall be made to notify the owner of any animal suspected of constituting a public nuisance.
(b) Every public nuisance animal shall, upon demand, be delivered to the Delaware Society for the Prevention of Cruelty to Animals. It shall be unlawful for the owner of a public nuisance animal to refuse to surrender such animal to a control officer. Such refusal is punishable by a fine of $20.00.
(c) A public nuisance animal which has been impounded by the animal control officer may be redeemed by the owner only upon the conditions established in this chapter. Any animal found unredeemable by the Delaware Society for the Prevention of Cruelty to Animals shall be disposed of in a humane manner.
(Code 1968, § 22-9; Ord. No. 95-046(sub 1), § 1, 8-31-95)
Editor's note: Ord. No. 95-046(sub 1), § 1, adopted Aug. 31, 1995, renumbered former § 3-16 as 3-7.1.
Sec. 3-8. Destruction of animals for humane reasons.
When, in the judgment of the Delaware Society for the Prevention of Cruelty to Animals, it is determined that any animal should be destroyed for humane reasons, or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established in this chapter.
(Code 1968, § 22-5)
Sec. 3-9. Licensing of dogs--Required; fees; exemptions; penalty for failure to license dogs.
(a) Generally. No person shall own, keep, or harbor any dog over the age of six months within the city limits unless such dog is licensed. Written application for such license shall be made to the division of revenue or such agents of the Delaware Society for the Prevention of Cruelty to Animals or the Delaware Humane Society as shall be designated by the city, and shall state the name and address of the owner and the name, breed, color, age, and sex of the dog.
(b) Payment of yearly license fee.
(1) The yearly license fee shall be paid at the time of making application, a numbered receipt given to the applicant, and a numbered metallic tag shall be issued to the owner.
(2) There shall be a yearly fee for licensing dogs in the city of $10.00 per spayed or neutered animal or for a fee of $25.00 a three-year license may be obtained for a spayed or neutered animal. The yearly licensing fee for dogs in the city that are not spayed or neutered shall be $15.00 per animal or for a fee of $40.00 a three-year license may be obtained for an animal that is not spayed or neutered. The Delaware Humane Society and the Delaware Society for the Prevention of Cruelty to Animals and any other entity approved by the finance department to issue a license shall be entitled to retain $5.00 for each yearly license and $10.00 for each three-year license fee collected by them as reimbursement for their administrative costs.
(c) Proof of rabies inoculation required. All owners applying for a license must show to the satisfaction of the licensing authority that the animal for which the license is being obtained has been inoculated against rabies within the last two years.
(d) Proof of spay, neuter. Any owner claiming that his dog has been spayed or neutered must show to the satisfaction of the licensing authority that such operation has been performed.
(e) Exemptions from license fees. License fees shall not be required for Seeing Eye dogs, government police dogs or dogs belonging to a nonresident of the city and kept within the boundaries of the city for not longer than 30 days; provided, that all dogs of nonresidents shall at the time of entry into the city be properly vaccinated against rabies, and while being kept within the city, shall meet all other requirements of this chapter. Any owner claiming either of these exemptions has the burden of proving to the satisfaction of the licensing authority that the dog in question is used in one of such capacities.
(f) Penalties. Any owner harboring an unlicensed dog over the age of six months shall be fined $50.00. If the matter is before the count, in addition to this fine, the court shall order the defendant to obtain a license for the animal at the earliest possible time.
(Code 1968, § 22-2; Ord. No. 95-046(sub 1), § 1, 8-31-95; Ord. No. 02-122, § 1 (sub 1), 1-16-03)
Sec. 3-10. Same--License tags.
(a) Upon complying with the provisions of section 3-9, there shall be issued to the owner a numbered metallic tag, stamped with the number and the year for which issued. The shape or design of such tag shall be changed from year to year.
(b) Every owner is required to see that the tag is securely fastened to the dog's chain, collar or harness which must be worn by the dog at all times.
(c) If a metallic license tag issued for a dog shall be lost, the owner may obtain a tag upon the payment of $0.25.
(d) No person may use any license for any animal other than the animal for which it was issued.
(e) No person shall remove from the neck of any dog the license tag issued pursuant to this section nor tamper or alter such tag in any manner.
(f) Penalties for violations of this section are as follows:
(1) For a violation of subsection (b) of this section, a fine of $25.00.
(2) For violation of subsection (d) or (e) of this section, a fine of $50.00.
(Code 1968, § 22-3)
Sec. 3-11. Restraint and confinement; penalties for violation of section.
(a) All animals shall not only be kept under restraint at all times, but also, while on any public street, highway, lane, alley, or sidewalk, or in or on any part of any public park or parkland, public square, or other public space, or in or on any open space that is private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular animal and shall be securely muzzled as may be required by subsection (d) of this section. If, in any park that is located partly or entirely in the city, there is a designated area for dogs to be without a leash or chain, but with their owners or other responsible persons, then the requirement of a leach or chain shall not apply but only within such designated area.
(b) No owner shall fail to exercise proper care and control of his domestic animals to prevent them from becoming a public nuisance.
(c) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.
(d) (1) Every dangerous animal shall be confined by its owner or authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner or the owner's agent, shall be securely muzzled and be restrained with a chain having a minimum tensile strength of 300 pounds and not more than three feet in length, or be caged. Every person harboring a dangerous animal is charged with an affirmative duty to confine his animal in such a way that children do not have access to such animal. No person shall own or harbor any animal for the purpose of animal-fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging such animal to perpetrate unprovoked attacks upon human beings or domestic animals.
(2) In addition:
a. It shall be unlawful: (i) for any animal to attack any person or another animal with or without the command of its owner; or (ii) for any animal to attack any person or another animal with or at the command of its owner, in which case, the intent of the owner to have the attacking animal injure the person or animal shall be presumed and the attack shall be deemed to be an assault. No one under the age of 18 years may own, control or attempt to control a dangerous animal.
b. It shall be unlawful for any person under the age of 18 years to purchase any dog in the city. It shall be unlawful for any person regardless of age to sell or transfer the ownership of any dog without proof of required inoculations and a license that is valid at the time of such sale or transfer.
c. It shall be the responsibility of the owner of any animal to exercise due diligence to move the animal away from others whenever on any city sidewalk or alley or other area of public access. It shall be unlawful for any owner to permit his or her animal to interfere with pedestrian traffic on any public sidewalk, road, street, alley or other public space. In that regard, any person who is a pedestrian walking without an animal, shall have and be afforded the right-of-way.
(e) Any person convicted of any violation of subsections (a) through (d) of this section, or the parent or guardian of a juvenile found to have violated any of subsections (a) through (d), shall pay a mandatory and nonsuspendable fine of at least the minimum fine for each offense as follows:
(1) For a violation of subsection (a) of this section, a fine of not less than $250.00 nor more than $500.00 for the first offense, a fine of not less than $500.00 nor more than $1,000.00 for the second offense, and a fine of not less than $1,000.00 nor more than $2,500.00 for each subsequent offense, except that the owner of any animal, not within the property limits of its owner or within a vehicle being driven or parked on the public streets which, without provocation, bites a person shall be fined not less than $250.00 nor more than $1,000.00 for the first offense, shall be fined not less than $500.00 nor more than $2,500.00 for the second offense, and shall be fined not less than $1,000.00 nor more than $5,000.00 for each subsequent offense, unless the provisions of subsection (d) of this section apply.
(2) For a violation of subsection (b) of this section, a fine of not less than $250.00 nor more than $1,000.00 for the first offense, a fine of not less than $500.00 nor more than $2,500.00 for the second offense, and a fine of not less than $1,000.00 nor more than $5,000.00 for each subsequent offense.
(3) For a violation of subsection (c) of this section, a fine of not less than $250.00 nor more than $1,000.00 for the first offense, a fine of not less than $500.00 nor more than $2,500.00 for the second offense, and a fine of not less than $1,000.00 nor more than $5,000.00 for the third offense.
(4) For any violation of subsection (d) of this section which shall be classified a misdemeanor, a fine of not less than $500.00 nor more than $1,000.00 for the first offense, and a fine of not less than $1,000.00 nor more than $2,500.00 for each subsequent offense. Upon conviction in any court of an offense under subsection (d) of this section, the court shall cause a report to be forwarded to the state department of natural resources and environmental control. Such report shall contain the name of the defendant, the name of the animal, the license number of the animal, the date of the offense and the date of the conviction. In addition, for each violation, there shall be a mandatory impoundment of the animal and discretionary review by the Delaware Society for the Prevention of Cruelty to Animals to determine whether the animal should be destroyed pursuant to section 3-8. The Delaware Society for the Prevention of Cruelty to Animals may consider any evidence material to whether such animal constitutes a threat to human beings or other animals.
(Code 1968, § 22-6; Ord. No. 95-046(sub 1), § 1, 8-31-95; Ord. No. 03-075(sub 1), § 1, 12-4-03)
Sec. 3-12. Accumulation of dog, cat, pigeon or other animal or domestic bird fecal matter.
(a) Every person owning, possessing, harboring, tolerating or having the care, charge, control or custody of one or more dogs, cats, pigeons or other animals or domestic birds shall take all reasonable measures to prevent accumulation of fecal matter of the same in the area in which such animals or birds are customarily kept or customarily are allowed to stay or remain. No such person shall allow animal or bird fecal matter to accumulate so as to create obnoxious or offensive odors.
(b) This section shall be enforced by the department of licenses and inspections upon complaint to or observation by any police officer or any department of licenses and inspections inspector of a violation.
(c) Any person who fails to remove an accumulation of animal fecal matter after oral or written notice of such accumulation by an inspector from the department of licenses and inspections or by a city police officer, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $250.00 nor more than $1,000.00 for the first offense, not less than $500.00 nor more than $2,500.00 for the second offense, and not less than $1,000.00 nor more than $5,000.00 for each subsequent offense together with costs. Each 48-hour period that the violation continues will be considered a separate offense.
(d) After conviction and punishment for failure to remove an accumulation after the notice provided for in this section, if such person continues in violation of this section, or allows subsequent accumulations to occur, then such person shall be liable for further prosecution, conviction and punishment without the necessity of issuing a new notice until 12 months have expired since the original notice.
(Code 1968, § 22-6.1; Ord. No. 03-075(sub 1), § 2, 12-4-03)
Sec. 3-13. Removal of fecal matter of dogs, cats, pigeons and other animals or domestic birds.
(a) It shall be unlawful for any person owning, possessing, harboring, tolerating or having the care, charge, control or custody of any dog, cat, pigeon or other animal or domestic bird not to remove immediately, in a sanitary manner in an airtight bag or other closed container to be deposited in a trash receptacle or other closed or sealed container, any fecal matter deposited by such dog, cat, pigeon or other animal or domestic bird upon any street, sidewalk, or park, or upon any other public property, or upon any private property without the consent of the owner or tenant of such private property. The provisions of this section 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 any dog educated by a recognized training agency or school and which is used as a leader or guide.
(b) The complaining party shall file a complaint in a court of competent jurisdiction. Subsection (a) of this section shall only be enforced if the complaining party produces a witness to the act that constitutes a violation of that subsection. It is not the intent of the section to require surveillance by the city police department, the Delaware Society for the Prevention of Cruelty to Animals or any other city department or agency. The city police department, department of licenses and inspections and the Delaware Society for the Prevention of Cruelty to Animals shall all have the authority to enforce subsection (a) of this section.
(c) For any person, corporation, partnership, firm, or any other entity, any violation of this section shall be punished by a fine of not less than $250.00 nor more than $1.000.00 for the first conviction. For the second conviction occurring within 12 months of the date of the first conviction, the penalty shall be a fine of not less than $500.00 and not more than $2,500.00. For a third or subsequent conviction occurring within 12 months of the date of the first conviction, the penalty shall be a fine of not less than $1,000.00 and not more than $5,000.00, or imprisonment for not more than 30 days, or both. Each day any violation of this section shall continue shall constitute a separate offense for which a separate conviction may be obtained and a separate penalty for each day shall be imposed. Notwithstanding any other provision of law, the court may not suspend the sentence of any person, corporation, partnership, firm, or any other entity convicted of a violation of this section.
(Code 1968, § 22-6.2; Ord. No. 02-010, § 1, 3-7-02; Ord. No. 03-075(sub 1), § 3, 12-4-03)
Sec. 3-14. Proper and humane care of domestic animals required; penalties for violation of section.
(a) No owner shall fail to provide his domestic animal with humane care and treatment, sufficient good and wholesome food and water, proper shelter and protection from the weather and veterinary care when needed to prevent suffering.
(b) No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse a domestic animal, or cause, instigate or permit any dogfight, cockfight or other combat between domestic animals or between domestic animals and humans, or train said animal to do so.
(c) No owner of an animal shall abandon such animal.
(d) No person other than a licensed veterinarian shall crop a dog or other animal's ears.
(e) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
(f) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; if the owner cannot be ascertained and located, such operator shall at once report the accident to the city police or the Delaware Society for the Prevention of Cruelty to Animals.
(g) No person, except a police officer or game warden, shall place poison of any description in any place on his premises, or elsewhere where it may be easily found and eaten by domestic animals.
(h) Penalties for violations of this section are as follows:
(1) For violations of subsection (a) of this section, a minimum fine of $250.00 up to $1,000.00 for the first offense. For the second offense, the mandatory $5,000.00, or up to 30 days imprisonment or by both such fine and imprisonment. No part of the minimum fine may be suspended.
(2) For violations of subsection (b) of this section, a fine of not less than $250.00 and not more than $1,000.00, or imprisonment for up to 30 days, or both such fine and imprisonment. For a second offense, a minimum mandatory fine of $500.00 and a maximum of $2,500.00, or imprisonment of up to 30 days, or both such fine and imprisonment. Three or more offenses shall carry a mandatory minimum fine of $1,000.00, which shall not be suspended, with a maximum of $5,000.00, plus a minimum mandatory jail sentence of 14 days.
(3) For violations of subsections (c), (d), (e), (f) and (g) of this section, minimum fines of $250.00 and maximum fines of $1,000.00 for the first offense shall be imposed. For the second offense, the minimum fine of $500.00 and the maximum fine of $2,500.00 shall be imposed. For subsequent offenses, the minimum mandatory fine shall be $1,000.00 and up to $5,000.00, which shall not be suspended, or imprisonment of up to 30 days, or by both such fine and imprisonment.
(Code 1968, § 22-7; Ord. No. 95-046(sub 1), § 1, 8-31-95; Ord. No. 03-075(sub 1), § 4, 12-4-03)
State law references: Dog kennels, 7 Del. C. § 1703.
Sec. 3-15. Keeping of wild animals, farm animals; exceptions; penalty.
(a) No wild animal and no wild fowl may be kept within the city limits, except under such conditions as shall be fixed by the Delaware Society for the Prevention of Cruelty to Animals; provided, however, that wild animals and wild fowl may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the city or the Delaware Society for Prevention of Cruelty to Animals. Anyone keeping a wild animal pursuant to this section must do so in accordance with all applicable state laws.
(b) It shall be unlawful for any person to keep, harbor or house, whether as a pet, or for eventual sale or consumption, or for any other purpose, any domestic animals or domestic fowl other than dogs or cats, commonly known as farm animals or fowl, including, but not limited to, chickens, chanticleers, roosters, ducks, geese, pigs, hogs, donkeys, mules, horses, cattle, goats, sheep, oxen, or any other animal or fowl suitable for slaughter or for the production of milk, eggs or fiber within the boundaries of the city, except any such animals or fowl kept for exhibition purposes by circuses, zoos and educational institutions in accordance with regulations established by the Delaware Society for the Prevention of Cruelty to Animals; horses of the police department; fish or crustaceans, or both being raised or produced in tanks inside of buildings that are located in nonresidential zoning districts only and that are otherwise in compliance with applicable provisions of this Code; and as otherwise provided in this chapter, chapter 42, article X (farmers' market) of this Code.
(c) A conviction of violation of the provisions of this section shall be punishable by a fine of not less than $250.00 and not more than $1,000.00 for the first offense, a fine of not less than $500.00 and not more than $2,500.00 for the second offense, and a fine of not less than $1,000.00 and not more than $5,000.00 for the third and subsequent offenses. A corporation may be fined by the court in an amount not exceeding $5,000.00.
(Code 1968, § 22-8; Ord. No. 03-075(sub 1), § 5, 12-4-03)
Sec. 3-16. Pit bull terrier dogs.
(a) Only persons 21 years of age or older who have complied with the licensing and registration requirements as set forth in section 3-9 of this chapter by June 16, 2000, shall be allowed to own, keep or harbor a pit bull terrier inside the city limits. Such ownership is subject to the following conditions:
(1) All pit bull terriers in the city must be licensed and registered by June 16, 2000. Newly acquired pit bull terriers or pit bull terriers belonging to people moving into the city must be licensed and registered within 30 days of the event. Documentation showing acquisition of the new dog (bill of sale or adoption contract) and/or relocation to the city, as evidenced by a signed lease or purchase agreement, will be required to register a pit bull terrier after June 16, 2000. Persons who do not license and register their pit bull terrier by June 16, 2000, shall, in addition to complying with the registration requirements, be assessed an additional $50.00 fee. For purposes of registration, the owner shall provide the following:
a. A photograph of the animal showing its size and color;
b. A registration fee in the amount of $30.00, ten dollars of which will go to the Delaware Humane Association if the dog is registered at that location;
c. Proof of owner's age through valid state issued identification card (e.g., driver's license) or certified birth certificate;
d. Proof of owner's address through two documents, one of which must contain a photograph, the other being in the form of a utility bill, mortgage payment or lease;
e. Certification by a licensed veterinarian that the pit bull terrier has been neutered or is incapable of enduring neutering (in the case of a male dog) or the pit bull terrier has been spayed or is incapable of enduring spaying (in the case of a female dog). Under no circumstances shall a pit bull terrier who has not been neutered or spayed be registered, except where the dog meets the criteria of subsection (2) of this section. A provisional registration will be issued valid through the date the dog reaches six months of age if the pit bull terrier is incapable of enduring the procedure because it is too young as certified by a licensed veterinarian and all other registration requirements have been satisfied. The pit bull terrier shall be fully registered subject to undergoing the procedure within the effective period of the provisional registration; veterinarian certification shall be provided no later than ten days after the procedure has been performed while the provisional registration is in effect; and
f. Proof of home ownership (e.g., deed, homeowner's policy, mortgage coupon) or lease with express written permission from the landlord allowing said dog to be harbored on the premises.
(2) A provisional registration will be granted for a period of 12 months, subject to renewal, if the following criteria are met:
a. The dog is American Kennel Club (AKC) and/or United Kennel Club (UKC) registered and has actively competed as a show dog in either AKC or UKC sanctioned events within the past year;
b. The dog has passed a dog obedience class;
c. The dog is certified annually as a "canine good citizen" by the AKC; and
d. The owner has complied with the registration requirements set forth in subsection (1)(a), with the exception of (1)(a)e.
(3) The tag issued under section 3-10 of this chapter shall be attached to the pit bull terrier's collar and the collar and tag shall be worn by the animal at all times.
(4) Upon registration, the document issued shall be carried by the owner at all times and the owner must produce it upon request.Whenever the pit bull terrier leaves the premises, the registration information must be carried by the person who is in possession of the dog.
(5) Whenever the pit bull terrier is in public, it shall at all times be kept in accordance with the requirements of section 3-11 except that pit bull terriers shall be secured by a leash or chain not to exceed six feet in length. Under no circumstances shall a person under the age of 21 accompany a pit bull terrier without the registered owner present unless the person and the dog are within 100 feet of the dog's residence and the dog is leashed in accordance with the provisions of this subsection. It shall be unlawful for the owner of any registered pit bull terrier to allow the pit bull terrier to enter any park located partly or entirely within the city without a muzzle, whether accompanied by the owner or not.
(6) The owner of a pit bull terrier must, within ten days of the incident, report in writing, the following information to the city:
a. The removal from the city or death of a licensed and registered pit bull terrier;
b. The new address of the pit bull terrier owner should the owner move; or
c. Transfer of dog ownership to another party. The new owner must comply with all requirements set forth herein for registration of pit bull terriers within 30 days of transfer, as set forth in subsection (a)(1).
(7) Breeding of pit bull terriers in the city is strictly prohibited. For violations of this provision, all puppies shall be seized and become the property of the state S.P.C.A. for appropriate disposition. The provisional registration of the animal shall be revoked unless immediate action is taken by the owner to comply with the spay/neuter requirement, and fines shall be levied pursuant to section 3-16(d).
(c) The registration requirements of this section shall not apply to:
(1) A person temporarily holding a pit bull terrier in the city for the purpose of showing the dog in a place of public exhibition, contest, or show sponsored by a dog club, association or similar organization. The sponsor of the exhibition or show must obtain written permission from the city and must provide protective measures adequate to prevent the dog from escaping or injuring the public. The dog shall, at all times during the transportation to and from the show or exhibition, be confined in a secure temporary enclosure.
(2) A pit bull terrier owned by a governmental entity or by a licensed security service, provided the animal is trained and used to perform police, correctional, fire or search and rescue services, or any service dog trained by a certified guide dog agency and providing service to a handicapped individual.
(3) Any dog housed at the Delaware Humane Association.
(d) A violation of any provision of this section shall result in the pit bull terrier being confiscated and impounded. A fine of $500.00 for any single or initial violation and of $1,000.00 shall be assessed for each repeat or continuing violation.
(e) The provisions of this section shall apply in addition to and not in lieu of the animal control provisions of this Code, including but not limited to provisions concerning the licensing of dogs, standards for keeping dogs and the keeping, confinement and impoundment of dangerous domestic animals or public nuisance animals.
(Ord. No. 99-108(sub 1), § 2, 3-16-00; Ord. No. 00-040(sub 1), § 2, 4-13-00; Ord. No. 00-066(sub 1), § 1, 6-15-00; Ord. No. 00-086, 7-27-00)
Sec. 3-17. Registration of dangerous animals and public nuisance animals.
As determined by the state S.P.C.A., any dog of any breed, or mixed breed, meeting the criteria set forth in the definition of dangerous animals or public nuisance animals, subsections (1), (2), or (3), shall be registered according to the requirements set forth in section 3.16(b) within ten days of being declared a dangerous animal or public nuisance animal, and enforcement provisions set forth in 3.16(d) and (e) shall apply.
(Ord. No. 99-108(sub 1), § 6, 3-16-00; Ord. No. 00-040(sub 1), § 6, 4-13-00)
Secs. 3-18--3-45. Reserved.
ARTICLE II. PROTECTION OF CERTAIN BABY FOWL AND ANIMALS
Sec. 3-46. Minimum allowed to be sold or given away.
It shall be unlawful for any person to sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits under two months of age in any quantity less than six.
(Code 1968, § 22-15)
Sec. 3-47. Selling, giving away, etc., dyed animals and fowl.
It shall be unlawful for any person to sell, offer for sale, barter, give away or display living baby chicks, ducklings or other fowl, or rabbits, which have been dyed, colored or otherwise treated so as to impart to them an artificial color.
(Code 1968, § 22-16)
Sec. 3-48. Use as a toy, etc.
It shall be unlawful to use as a toy or article of amusement or for display or decorative purposes or subject to mistreatment or careless handling any live, newly hatched bird or fowl or newly born rabbit.
(Code 1968, § 22-17)
Sec. 3-49. Sales or displays exempt from article.
This article shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, ducklings or other fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes.
(Code 1968, § 22-18)
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