Ordinance 99-1: Proper Control of Dogs in Town Limits

AN ORDINANCE TO REQUIRE PROPER CONTROL OF DOGS WITHIN THE TOWN LIMITS OF THE TOWN OF TOWNSEND, DELAWARE.

Section 1

It shall be unlawful for any person to cause, permit, or allow a dog(s) possessed, owned, harbored, or cared for by him or her to roam, run, or stray away from the premises in which the dog(s) are possessed, owned, harbored, or cared for except when the dog(s) is kept under control by means of a leash or secure cage by the owner or other custodian. Any female dog in heat shall be confined to a building or secure enclosure in such a manner that said female dog cannot come in contact with another dog except for planned breeding.

Section 2

A Person shall not possess, own, harbor, or care for any dog(s) which by frequent or habitual or long continued noise reasonable disturbs any person or persons living or working in such proximity to hear such noises. Possessing, owning, harboring or caring such dog(s) is also declared to be a public nuisance and detrimental to the public health and welfare.

Section 3

Dog Waste:

(a) It shall be unlawful for any person having possession, custody or control of any dog(s) to permit such animal to damage, defile, or defecate upon any private property within the Town limits not owned or leased by such person, or any public property within the Town, including, but not limited to, streets, alleys, curbs, sidewalks, or parks.

(b) It the excrement is removed immediately and disposed of in a sanitary manner by the owner or person in charge of the dog(s), it will not be considered a violation of this section.

(c) The provisions of this section shall not apply to a guide dog accompanying any blind person or to a dog assisting any other physically challenged person.

Section 4

This ordinance shall be enforced by the Council upon complaint or observation. Any person who fails to correct a violation of this section immediately following written notice of the violation shall be considered in violation, and upon conviction thereof, after trial, shall be punished by a fine of not less than twenty five dollars ($25.00) for the first such conviction, by a fine of not less than fifty ($50.00) for the second such conviction within one year of the first conviction, and by a fine of not less than one hundred ($100.00) for each subsequent conviction within one year of the first conviction.

Section 5

The provisions of this Ordinance shall become effective immediately upon it’s adoption.

First Reading Approved by Council on: August 4, 1999; Second Reading Approved by Council on: September 1, 1999; Ordinance Approved by Council on: September 1, 1999; Signed by Town Council President: R. Charles Murray; Attested: RuthAnn O’Grady, Council Secretary