§ 4.02.001. Licenses; restraint; impoundment; destruction; nuisances; enforcement generally.
A.
Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Animal control agency means a State or County administrative agency, a Humane Society, or other entity which is authorized by statute, ordinance or contract to enforce any animal control laws or regulations of the State or County.
Animal control officer means a person employed by the State, County or an animal control agency as an enforcement officer.
Animal shelter means a facility which is used to house or contain animals and which is owned, operated or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of such animals.
At heel means that a dog is directly behind or next to a competent person and obedient to that person's command.
At large means that a dog is off of the real property of its owners and not within a vehicle being driven or parked on the streets and not under "restraint," as defined in this Section.
Enclosure means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and to prevent the animal from escaping from the enclosure.
Exotic animal means wild mammals or hybrids of wild mammals (mammals whose parents are different varieties of the same species or belong to different but closely allied species, one (1) parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware) or live reptiles not native to or generally found in the State of Delaware (as determined by the Delaware Department of Agriculture, Division of Fish and Wildlife), as defined by the State pursuant to 3 Del. C. Ch. 72 (Possession of Mammals or Reptiles Exotic to Delaware), for which permits are required by the State pursuant to that Chapter.
Kennel means any establishment where dogs are housed, bred, raised, trained, or boarded.
Owner means any person owning, keeping or harboring one (1) or more animals. Any animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Primary enclosure means any structure used or designed for use to restrict a dog to a limited amount of space, including, but not limited to, a room, pen, cage, compartment or hutch.
Public nuisance animal means any animal or group of animals which:
1.
Is repeatedly found at large.
2.
Damages the property of anyone other than its owners.
3.
Is vicious.
4.
Molests passersby or passing vehicles.
5.
Is found to be in violation of Section 22.02.007 because of the noise or noise disturbance it creates, as those terms are defined by Section 22.02.007.
6.
Creates an odor that is noxious or offensive or that constitutes a substantial annoyance, inconvenience or injury to the public.
7.
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 animal is kept; or that creates a danger to the public health as determined by the Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Public Health.
8.
Is a substantial visual annoyance to the public as a result of conditions existing in the area where such animal is kept.
Restraint means any dog secured by a leash or lead not exceeding twenty (20) feet in length, within the real property limits of its owner(s), or within a vehicle being driven or parked on the streets.
The following dogs are exempt from the leash or lead requirements and need only be at heel or under the reasonable control of a competent person and obedient to that person's command in the following circumstances:
1.
Working dogs (i.e. a dog that is not merely a pet but learns and perform tasks to assist its human companions) including, but not limited to, dogs trained to herd, hunt, assist law enforcement personnel, or assist persons with disabilities while actively performing such functions; and
2.
Dogs within a County designated Bark Park, participating in an organized dog show, or participating in behavioral training with an individual or entity with a state business license identifying the nature of their business as dog training.
3.
Any publicly operated or private, charitable or nonprofit animal shelter, pound, humane society, or animal rescue organization.
4.
Any other circumstance set forth in State or County law.
Regardless of the foregoing, a dog that is not on the real property of its owner(s) or within a vehicle being driven or parked on the street, which, without provocation, bites a person or domestic animal, shall not be deemed under "restraint" within the meaning of this Section. See the definitions of "vicious dog" and "vicious animal" in this Section.
Retail dog outlet means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. The term shall not include:
1.
Dogs which are produced and raised on such premises and are sold, offered or maintained for sale, by a person who resides on such premises;
2.
The sale of a single litter of puppies or any part thereof during a calendar year; or
3.
Any publicly operated or private, charitable or nonprofit animal shelter, pound, humane society, or animal rescue organization.
Vicious animal means any animal that constitutes a physical threat to human beings or other animals by virtue of attacks of such number 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 animal is vicious.
Vicious dog means any dog:
1.
Which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
2.
With a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
3.
Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property;
4.
Owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
Notwithstanding the definition of a vicious dog, no dog may be declared vicious if an 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 was committing or attempting to commit a crime. No dog may be declared vicious if an injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Wild animal means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, boa, python, leopard, panther, tiger, wolf, lion, lynx or any other warm-blooded animal which can normally be found in the wild state, or any hybrid (animal whose parents are different varieties of the same species or belong to different but closely allied species, one (1) parent being a wild animal and the other parent being a domesticated animal) of any of the animals listed in this Section or of any other warm-blooded animals which can normally be found in the wild state.
B.
Dog license.
1.
Licenses and tags.
a.
Individual dog owner licenses. Except for persons residing within the corporate limits of the City of Wilmington, the owner of any dog, six (6) months of age or older, shall apply to the County or its duly authorized agents for an individual dog owner license for such dog on or before March 1st of each calendar year. All individual dog owner licenses shall be valid through December 31st of the corresponding calendar year. Any dog license purchased from DNREC shall remain valid through the expiration date noted, at which time a license must be purchased from the County or its duly authorized agent. The application for a license shall be accompanied by the appropriate license fee as follows:
i.
For each neutered male dog and for each spayed female dog for which proof of sterilization can be provided, the license shall be ten dollars ($10.00) per annum; and
ii.
For any other male or female dog, the license shall be fifteen dollars ($15.00) per annum.
b.
Retail dog outlet licenses. Each owner of a retail dog outlet in the County shall apply to the County for a retail dog outlet license on or before March 1st of each calendar year. A retail dog outlet license shall be valid through December 31st of the corresponding calendar year. Any dog license purchased from DNREC shall remain valid through the expiration date noted, at which time a license must be purchased from the County or its duly authorized agent. The application for a license shall be accompanied by a license fee of seventy-five ($75.00) dollars.
i.
Retail dog outlet licenses purchased after March 1st of each calendar year shall be assessed an additional thirty-five dollar ($35.00) reinstatement fee.
ii.
Retail dog outlet licenses that have been suspended shall be assessed an additional reinstatement fee of fifty dollars ($50.00).
c.
Kennel licenses. Any person who maintains a kennel in the County wherein more than four (4) dogs are kept for show, trial, sale, breeding or other purposes may apply to the County or its duly authorized agents for a kennel license in lieu of an individual dog owner license for each dog on or before March 1st of each calendar year. Kennel licenses shall be valid through December 31st of the corresponding calendar year. Any dog license purchased from DNREC shall remain valid through the expiration date noted, at which time a license must be purchased from the County. The application for a license shall be accompanied by the appropriate license fee as follows:
i.
To keep and operate a kennel having the capacity to accommodate no more than twelve (12) dogs six (6) months or older at any time during the calendar year the fee shall be eighty-five dollars ($85.00).
ii.
To keep and operate a kennel having the capacity to accommodate no more than twenty-five (25) dogs six (6) months or older at any time during the calendar year the fee shall be two hundred dollars ($200.00).
iii.
To keep and operate a kennel having the capacity to accommodate no more than fifty (50) dogs six (6) months or older at any time during the calendar year the fee shall be three hundred fifty dollars ($350.00).
iv.
To keep and operate a kennel having the capacity to accommodate fifty-one (51) or more dogs six (6) months or older at any time during the calendar year the fee shall be five hundred fifty dollars ($550.00).
v.
To keep or operate a kennel exclusively for the housing and/or breeding of hunting dogs, but not for resale, to accommodate no more than twenty (20) hunting dogs the fee shall be fifty dollars ($50.00). To be eligible to operate a kennel exclusively for housing and/or breeding hunting dogs, the applicant must provide to the County or its duly authorized agents a valid state hunting license pursuant to 7 Del. C. § 501 et seq. or its successor.
vi.
For any new, previously unlicensed kennel initiating kennel operations after March 1 st and before December 31 st of any given year, the kennel license fee shall be prorated for the balance of the initial licensing year at a rate of ten (10) percent of the annual kennel license fee for each month remaining in the dog licensing year.
vii.
Kennel licenses purchased after March 1 st of each calendar year shall be assessed an additional thirty-five dollar ($35.00) reinstatement fee.
viii.
Kennel licenses that have been suspended shall be assessed an additional reinstatement fee of fifty dollars ($50.00).
d.
Lost or stolen dog licenses. In the event that a license or tag is lost or stolen, the individual dog owner, the owner of a retail dog outlet, or kennel owner shall apply to the County for a replacement license for a fee of one dollar ($1.00).
e.
Dog tags. Each issued license will be accompanied by either a metal tag or an alternative method of identification, such as, but not limited to, a microchip or tattoo. In the event a dog tag is issued, the tag shall be affixed to the collar by the owner of such dog. If the collar has been removed, a valid dog tag and license must be readily available for review by an animal control officer as proof that the individual dog is licensed. Dog tags may be removed when the dog is licensed as a kennel or retail dog outlet and is housed in an enclosure or a pen. Dogs engaged in the act of hunting are exempted from wearing tags while they are in the act of hunting if the owner has a valid dog tag and license available for review for the animal control officer.
2.
License requirements.
a.
Upon application and payment of the fee for an individual dog owner license, retail dog outlet license, or kennel license, the applicant shall be entitled to receive a license, provided proof of a currently valid rabies vaccination can be presented for each dog for which the license is sought. Each license shall show the date on which the license fee was paid.
b.
The license fee set by the County pursuant to Subsection B. shall be waived or reduced based upon the following criteria:
i.
No fee shall be required to be paid when the dog is one which qualifies as a seeing eye, lead or guide dog or as a dog which has previously served or is currently serving in a branch of the United States armed forces or with a law enforcement agency. Proof of completion of service training shall be required.
ii.
Only the processing charge incurred by the County to cover the cost of issuing the license, rounded up to the nearest whole dollar amount, shall apply where the dog is owned by an individual who is disabled or sixty-five (65) years of age or older. Disabled means a person who is unable to engage in any substantial gainful activity by reason of blindness or any other medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months. Proof of disability assistance and/or age shall be required.
c.
When by or pursuant to the laws of the state of the owner's primary residence, a person licenses his or her individual dog in his or her state or county of residence, then such dog shall not need an additional license in the County.
3.
Penalties. For a violation of Subsection B.1, the penalty shall be a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the first offense, and a fine of not less than one hundred dollars ($100.00) nor more than ($200.00) for each subsequent offense within twelve (12) months of a prior offense. The minimum fine for a subsequent offense shall not be subject to suspension.
4.
Suspension, revocation, or denial of license.
a.
Any retail dog outlet license or kennel license may be suspended if the operator fails to bring the premises or facilities in compliance with the requirement for the humane handling, care and treatment of dogs as specified in 9 Del. C. Ch. 9 (Dogs) and this Chapter.
b.
Any individual dog owner license, retail dog outlet license or kennel license issued by the County may be revoked or denied if the licensee, owner, or operator of a retail dog outlet or kennel has been convicted of animal cruelty under the Laws of Delaware or any state or federal law.
C.
Restraint and control of animals.
1.
All dogs shall be kept under restraint, as defined in Subsection A, at all times.
2.
No owner shall fail to exercise proper care and control of his or her animal to prevent it from becoming a public nuisance.
3.
Every vicious animal, vicious dog and every wild animal shall be confined by the owner within a building or secure 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 the animal in such a way that children do not have access to such animal.
4.
The owner or keeper of any vicious dog shall procure and maintain liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by such vicious dog.
5.
The owner or keeper of any vicious dog shall display a sign on the premises where the dog is kept, warning that a vicious dog is present. The sign shall be visible and capable of being read from the public highway or one hundred (100) feet, whichever is less.
6.
The owner or keeper shall notify an animal control agency within twenty-four (24) hours if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being or has died or has been sold or given away.
7.
Any person convicted of a violation of Subsection C. shall pay a fine of at least the minimum fine for each offense as follows:
a.
For a violation of Subsection C.1, the penalty shall be a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) for the first offense, and a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the second offense, and a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) for each subsequent offense.
b.
For a violation of Subsections C.2 through C.6, which shall be classified a misdemeanor, a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for the first offense, and a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for the second offense, and a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for each subsequent offense.
c.
Upon conviction in any court of an offense under Subsection C.3 involving a dog, the court shall cause a report to be forwarded to DNREC. The report shall contain the name of the defendant, the name of the dog, the license number of the dog, 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 animal control agency to determine whether the animal should be destroyed. The animal control agency may consider any evidence material to whether the animal constitutes a threat to human beings or other animals. Record of reports of two (2) prior convictions involving the same animal shall constitute a conclusive presumption that the animal constitutes a threat to human beings or other animals.
d.
Any summons issued for a violation of Subsection C.1 may provide that in lieu of appearing in court, the offender may remit a voluntary assessment of up to two hundred dollars ($200.00) for each offense. The summons may provide that each day any violation shall continue shall constitute a separate offense.
D.
Impoundment.
1.
Dogs at large and nuisance animals may be taken by an animal control officer and impounded in an animal shelter. At the discretion of the animal control officer, such dog or animal may be left in the custody of its owner and the owner issued a summons for violation of this Section.
2.
Any vicious domestic animal, any wild animal or any sick or injured animal, other than a dog carrying a license tag, may be destroyed immediately after impounding. Any other animal shall be held for three (3) days, except that dogs carrying a license tag shall be held for five (5) days.
3.
If, by a license tag or other reasonable 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, except that an impounded dog shall not be disposed of without five (5) days' written notification to the owner of the dog, if ownership can be determined, unless earlier disposal is recommended by a doctor of veterinary medicine or as otherwise provided by State law. If the owner of an impounded animal gives adequate notice to the animal control agency in a timely manner, the owner shall be afforded an informal opportunity to be heard prior to a final decision regarding disposition of the animal.
4.
Any animal not reclaimed by its owner within five (5) days shall become the property of the animal control agency and shall be placed for adoption in a suitable home or humanely destroyed.
5.
Any owner reclaiming an impounded animal shall pay a standard maintenance fee, in an amount determined by the animal control agency, related to the cost of boarding the animal for each day the animal has been impounded.
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 in this Section.
F.
Public nuisance animals. A reasonable attempt shall be made to notify the owner of any animal suspected of constituting a public nuisance. A public nuisance animal shall, upon demand by an animal control officer, be delivered to the animal control agency. It shall be unlawful for the owner of a public nuisance animal to refuse to surrender such animal to a control officer. Any person convicted of a violation of this subsection shall be subject to punishment as provided in Section 1.01.009. A public nuisance animal which has been impounded by the animal control officer may be redeemed by the owner only upon conditions establishing to the satisfaction of the animal control agency that such animal will no longer constitute a public nuisance. Any animal found unredeemable by the animal control agency shall be disposed of in a humane manner.
G.
Right of entry of animal control officers. An animal control officer shall have the right to enter upon any outside premises at all reasonable times for the purpose of discharging his or her duties, where deemed necessary for the welfare of an animal or the public safety.
H.
Enforcement. Animal control officers shall have all powers and authority of County Police Officers, limited, however, to the powers and authority incident to the enforcement of this Section and other statutes, ordinances and regulations concerning the registration of dogs, the prevention of annoyance therefor, the prevention of cruelty to animals and the taking and impounding of animals. A Humane Society, authorized by ordinance to enforce this Section, shall be designated an instrumentality of the County created pursuant to 9 Del. C. § 101 et seq. (Counties), only for purposes of the immunities conferred on such agency and its employees by 10 Del. C. § 4001 et seq. (Tort Claims Act), unless otherwise provided by such authorizing ordinance. The County shall not be obliged to indemnify, hold harmless, defend or insure such agency if the immunity is ever determined to be inapplicable.
(Code 1983, § 3A-3; Code 1995, § 4-26; Ord. No. 95-174, § 2, 11-14-1995; Ord. No. 97-038, § 1, 7-22-1997; Ord. No. 05-056, § 1, 7-12-2005; Ord. No. 08-020, § 1, 2-26-2008; Ord. No. 09-117, § 1, 12-8-2009; Ord. No. 10-052, § 1, 5-25-2010; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 12-029, § 1, 4-10-2012; Ord. No. 14-128 , § 1, 12-9-2014)