Town of Elsmere Code

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere: Art. I, 5-6-1909 as Ord. No. 2; Art. II, 5-25-1911 as Ord. No. 6; Art. III, 7-13-1978 as Ord. No. 138, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. IV, 3-11-1982 as Ord. No. 171; Art. V, 7-10-1990 as Ord. No. 262. Subsequent amendments noted where applicable.]

On and after the passage of this Article it shall be unlawful for cattle, horses, hogs, chickens or other fowl to run at large within the limits of the Town of Elsmere, Delaware.

Violation of this Article shall be punishable by a fine not exceeding ten dollars ($10.).

If any person shall keep or harbor any hog, pig or other animal of the hog kind anywhere within the limits of the Town of Elsmere, in any yard or pen within two hundred (200) feet of any dwelling house or adjoining property, such person shall be guilty of a common nuisance and shall be fined three dollars ($3.) for every such offense, effective on and after June 15, 1911.

No dog shall be permitted to run at large at any time, unless such dog is accompanied by the owner or custodian and under his reasonable control, except that a person who is an occupant of a farm or property containing twenty (20) acres or more on which there are no more than three (3) resident dwelling units may permit his dog to run at large between the first day of October and the last day of February, next following, provided that such dog is licensed in accordance with law.

The owner or custodian of every dog shall, at all times between the hours of sunset and sunrise of each day, keep such dog either confined within an enclosure from which it cannot escape, or firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured, or under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.

A. Whoever, being the owner, custodian, possessor or harborer of any female dog, allows such dog to run or remain at large in this town while in heat shall be fined not more than ten dollars ($10.).

B. Whoever, being the owner, custodian, possessor or harborer of any dog that, while running at large and without provocation, bites a person, shall be fined not less than fifty dollars ($50.) nor more than one hundred dollars ($100.). For each subsequent offense involving the same dog, such owner, custodian, possessor or harborer shall be fined not less than three hundred dollars ($300.) nor more than five hundred dollars ($500.) The minimum of fines provided for in this subsection, fifty dollars ($50.) for the first offense and three hundred dollars ($300.) for each subsequent offense, shall not be subject to suspension. For purposes of this section, a dog shall not be deemed as running at large if such dog is on land owned or leased by such dog's owner, custodian, possessor or harborer.

A. Whoever violates this Article, unless otherwise specifically provided, shall be fined not less than fifty dollars ($50.), nor more than one hundred dollars ($100.), for each offense, and, failing to pay such fine and costs, shall be imprisoned not more than ten (10) days.

B. Upon conviction of an offense under ~ 71-6B of this Article, a report shall be forwarded to the Department of Natural Resources and Environmental Control for the State of Delaware. Said 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 conviction.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them as follows:

ANIMAL -- Any and all types of animals, both domesticated and wild, male and female, singular and plural.

CRUEL -- Constitutes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

CRUEL MISTREATMENT -- Constitutes any treatment whereby unnecessary or unjustifiable physical or suffering is caused or permitted.

CRUEL NEGLECT -- Constitutes neglect of an animal whereby pain or suffering is caused to the animal.

CRUELTY TO ANIMALS -- Constitutes mistreatment of any animal or neglect of any animal whereby unnecessary or unjustifiable physical pain or suffering is caused.

CUSTODY -- Constitutes the acceptance of the responsibility for the welfare of an animal.

MINIMUM NEEDS -- Life-sustaining necessities that provide each animal with basic subsistence and life support.

PERSON -- Any individual, partnership, corporation or association living, visiting and/or doing business in the Town of Elsmere.

PROPER FEED -- Providing each animal with daily food and water of sufficient quality and quantity to meet its minimum needs.

PROPER VETERINARY CARE -- Providing each animal with veterinary care sufficient to meet its minimum needs.

A. A person is guilty of cruelty to animals when he intentionally or recklessly:

(1) Subsection A is inapplicable to accepted veterinary practices and activities carried on for scientific research or maintenance of public health and safety.

(2) Defense of one's own person and property and that of another from attack by an animal is an affirmative defense.

This Article shall apply to the hunting and trapping of animals as the same are prohibited within the limits of the Town of Elsmere.

If any person commits an offense against any provision of this Article, such person shall, upon conviction, be subject to a mandatory minimum and nonsuspendable fine of no less than seven hundred fifty dollars ($750.) or a maximum nonsuspendable fine of not more than nine hundred fifty dollars ($950.) for a first offense and of no less than one thousand dollars ($1,000.) for each subsequent offense.

Every person owning, possessing, harboring, tolerating or having the care, charge, control or custody of one (1) 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 areas in which such animals or birds are customarily 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.

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 said dog, cat, pigeon or other animal or domestic bird upon any street, sidewalk or park, or upon any other public property, or upon 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.

This Article shall be enforced by the Code Enforcement Officer upon complaint to or observation by any Elsmere police officer of a violation. Any person who fails to correct a violation of this Article immediately following notice of the violation and order and any person who opposes or impedes an officer or authorized agent or employee of the Town of Elsmere or an Elsmere police officer, in the execution of his or her duties hereunder, shall be deemed guilty of a violation and upon conviction thereof after trial shall be punished by a fine of not less than twenty-five dollars ($25.) for the first such conviction, by a fine of not less than fifty dollars ($50.) for the second such conviction within one (1) year of the first conviction, and by a fine of not less than one hundred dollars ($100.) for each subsequent conviction within one (1) year of the first conviction.[2]

[1] Editor's Note: See Ch. 1, General Provisions, Art. I.

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.