[HISTORY: Adopted by the Mayor and Council of the Town of
Galena 12-3-1990 by Ord. No. 90-2 (Ch. VI, Art. 4, of the 1990 Code
of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
That person or an authorized representative, designated as
such by the Town of Galena, to perform duties described by this chapter.
Any facility designated by the Town of Galena for the detention
of dogs.
Off premises of the owner of animal and not under the immediate
control of a human being either by leash, cord, chain, or otherwise.
A member of the species canis familiaris, both male and female.[1]
Animals which, by long and continued association with humans,
have become thoroughly tamed and domesticated. These are limited to
the following: cats, dogs, rabbits, guinea pigs, hamsters, gerbils,
fish, and caged birds. These animals are only intended to be pets
and domesticated animal shall not mean animals kept for commercial
use.
[Amended 12-5-1994 by Ord. No. 94-3]
The duly appointed Kent County Health Officer, or an authorized
representative.
An establishment wherein any person, group of persons, or
corporation engages in the business of boarding, breeding, buying,
grooming, or selling dogs, or wherein at any one time there are kept
or harbored five or more dogs over six months old for a business or
commercial purpose, or at which more than one litter of puppies per
year is offered for sale.
Any premises wherein any person, persons, partnership or
corporation keeps, buys, sells, boards, trains for a fee, breeds more
than two litters a year, or engages in any activity involving dogs
for the purpose of generating income.
Any person, partnership, or corporation owning, keeping,
or harboring domesticated animals.
An establishment which offers to sell two or more species
of live animals with intent that they be kept as pets.
Any animal which unreasonably annoys humans; endangers the
life or health of other animals or persons; or gives offense to human
senses; or which substantively interferes with the rights of citizens
to the enjoyment of life or property. The term "public nuisance animal"
shall mean and include, but is not limited to, any animal which:
Damages property of anyone other than its owner;
Molests pedestrians;
Chases vehicles;
Excessively makes disturbing noises, including but not limited
to, continued and repeated howling, barking, whining, or other disturbances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Attacks other domesticated animals;
In repeatedly found at large;
Has bit two or more persons; or
Has been designated by the Animal Control Officer to be a public
nuisance animal by virtue of being a menace to the public health,
welfare, or safety.
A.
The owner of any dog, cat, or other domesticated animal within the Town shall keep the same securely upon his or her own premises or under the control of said owner by means of a leash, cord, chain, or otherwise. Any dogs, cats, or other domesticated animals found at large within the corporate limits of Galena shall be forthwith impounded and subject to redemption or disposal in accordance with §§ 44-6 and 44-7 of this chapter.
B.
Dogs accompanied by the owner or trainer and being trained for hunting,
and being used or trained for hunting, being followed by person on
foot, horseback, or in vehicles, are exempt from the provisions of
this section.
C.
It shall be the responsibility of the owner(s) or other persons in
charge of the dog or other domesticated animal(s) to assure that the
animal feces is recovered and removed and properly disposed.
[Added 1-5-2004 by Ord. No. 03-07]
A.
Upon written complaint of any person to the Animal Control Officer
that a dog or other domesticated animal is a public nuisance animal
as defined herein, the Animal Control Officer, who shall be deputized
as a Deputy Sheriff by the Sheriff of Kent County, shall issue a summons
to the owner or keeper of such animal to appear before the District
Court of Kent County.
B.
Upon proof that the animal disturbs the peace and quiet of any neighborhood
in an inhabited area or is a public nuisance animal as herein defined,
the District Court shall order the owner or keeper to deliver up the
offending animal to the Animal Control Officer to be destroyed in
the most humane manner possible, unless said owner removes the animal
permanently from the neighborhood.
C.
If the owner or keeper of said animal fails to comply with the District
Court's order, then it the duty of the Animal Control Officer
or the Warden's duly authorized agents, to seize the animal wherever
it may be found and cause it to be destroyed.
D.
Notwithstanding the foregoing provisions, the barking of hunting
dogs in pursuit of game shall not be considered a disturbance of the
public peace for the purposes hereof.
When a female dog or cat is in estrus, or in a condition commonly
known as "in heat," its owner or custodian shall prevent its contact
with another dog or cat, or the attraction of dogs or cats to the
premises in which the female dog or cat is kept, except for intentional
breeding purposes.
A.
The Town of Galena hereby designates and appoints the Director of
the Humane Society of Kent County, Inc. to be the Animal Control Officer
for the Town and designates and appoints the Humane Society of Kent
County, Inc. to be the Animal Control Shelter for the Town.
B.
The Director of the Humane Society of Kent County, Inc. and their
designated employees and agents and the Town police officers are hereby
authorized to perform those functions provided for in this chapter.
C.
The Animal Control Officer shall have the right to enter upon any
premises at all reasonable times for the purpose of discharging the
duties imposed upon him by this chapter where there is reasonable
belief that a violation of this chapter has been committed.
A.
Any dog, cat, or other domesticated animal found at large with or without a valid license tag shall, except as provided in § 44-2B of this chapter, be impounded by the Animal Control Officer and taken to the Animal Control Shelter to be confined in a humane manner for a period of not less than five days unless sooner claimed and redeemed by its owner.
B.
The Animal Control Officer shall use whatever humane means necessary
to catch the animal and is hereby relieved from any liability from
harm or injury to the animal.
C.
At the end of five days as indicated above, unclaimed animals shall
be deemed abandoned and become the property of the Town of Galena
and shall be disposed of in the manner prescribed by the Animal Control
Officer and approved by the Town of Galena.
A.
Upon impounding an animal, the Animal Control Officer shall cause
a prompt and reasonable effort to be made to locate and notify the
animal's owner.
B.
The owner of an impounded animal shall be entitled to redeem such animal, except as hereafter provided, upon compliance with the license provisions of § 44-8 of this chapter, payment of redemption fees, and proof of ownership.
C.
Redemption fees as provided in this section shall be the normal and
customary charges as imposed at the Animal Control Shelter for board
and other reasonable services rendered, including necessary shots.
[Amended 12-5-1994 by Ord. No. 94-3]
D.
When dogs are found running at large and their ownership is known,
such dogs if they are legally licensed, need not be impounded by the
Animal Control Officer. The Animal Control Officer may, at his or
her discretion, notify the owner of said animal, who can reclaim the
animal upon paying the normal and customary redemption fee imposed
by the Animal Control Shelter without the impounding fee, if the redemption
is made the same day.[1]
It shall be unlawful for any person to own, keep, or harbor
any dog over the age of four months within the Town of Galena, except
a dog included as part of a kennel, unless such dog is licensed as
required by Kent County.
A.
Pursuant to § 64-3 of the Kent County Code, it shall be
unlawful for any person, partnership, association or corporation to
operate a commercial kennel within the Town without possessing a valid
permit and license. The application for such permit and license may
be obtained from the Humane Society of Kent County. Initial and annual
fees for kennel operators and pet shop operators will be determined
by the County Commissioners of Kent County.
B.
Kennel permits and pet shop permits may be revoked by the Animal
Control Officer upon the failure of the owner or owners to comply
with the provisions of the Humane Society of Kent County pursuant
to § 64-3D of the Kent County Code.
A.
Veterinary hospitals or clinics, research facilities where bona fide
medical or related research (dental, veterinary, pharmaceutical or
biological) is being conducted, humane shelters and other animal establishments
operated by state or local governments or which are licensed by federal
law are excluded from kennel licensing and permit requirements of
this chapter.
B.
The licensing requirements of this chapter shall not apply to any
dog belonging to a nonresident of the Town of Galena and kept within
the boundaries of the Town for not longer than 90 days, and while
kept within the Town meet all other requirements of this chapter.
Whenever a person is apprehended by a Animal Control Officer
and/or any law enforcement officer for violating any provisions of
this chapter, the officer shall prepare and sign a written citation
containing a notice to appear in Court, the name and address of the
person charged, appropriate license numbers, if any, the offense charged
and the time and place the person shall appear in Court as provided
for in § 64-10.3 of the Kent County Code.
