Town of South Bethany, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-1994 by Ord. No. 48-94]
This article is authorized by § C-4B of the Town Charter.
A. 
It shall be unlawful for any person to own or have control of any pet over six months of age located within the corporate limits of the Town of South Bethany unless it has been licensed in pursuance of the laws of the State of Delaware, other states, territory or District of Columbia in which the owner has legal residence.
B. 
It shall be unlawful for any person to own or have control of any pet over six months of age located within the corporate limits of the Town of South Bethany unless the license tag thereof be worn at all times by said pet in the manner provided by the laws of the State of Delaware, other states, territory or the District of Columbia in which the owner has legal residence.
[Amended 9-8-1995 by Ord. No. 50-95; 5-9-2003 by Ord. No. 118-03]
It shall be unlawful for any person who is the owner or has the control of any such pet to permit the pet to be on the beach located within the corporate limits of the Town of South Bethany at any time from May 15 through October 15 of each year. This subsection does not apply to pets on the property of their owners.
A. 
It shall be unlawful for any such owner to permit a dog to run at large anywhere within the corporate limits of the Town of South Bethany.
B. 
For the purposes of this article, to "run at large" means that the dog is off the owner's property and is not under control on a leash.
The owner shall carry and use a bag or other device to pick up and remove any excrement said dog shall drop on property other than their own.
Any person violating the provisions of this article shall be subject to a penalty of not less than $25, nor more than $100, plus court costs. Each day of continued violation shall be considered as a separate offense.
[Adopted 5-12-2017 by Ord. No. 187-17]
This article is authorized by § C-4B of the Town Charter.
CAT, FERAL
Any cat that has been born to a feral cat or a stray cat. Feral cats are cats unaccustomed to human interaction. Feral cats are distinct from stray cats.
CAT, STRAY
A stray cat is a pet who has been lost or abandoned, is used to contact with people and is tame enough to be adopted. A feral cat is the offspring of stray or other feral cats and is not accustomed to human contact. Feral cats are usually too fearful to be handled or adopted.
For purposes of this article, any cat being fed or imported into South Bethany that does not have some means of identifying its owner (i.e., an embedded chip or a tag) will be presumed to be feral or stray.
FEEDING
To give, place, expose, deposit, distribute or scatter any edible material that will feed, attract, or entice wild mammals, feral cats or stray cats.
WILD MAMMAL
Any warm-blooded vertebrate animal of a class that is distinguished by the possession of hair or fur, and that is not domesticated. This includes any mammal which is not domesticated, including but not limited to bears, coyotes, deer, feral cats, foxes, rodents, groundhogs, opossums, raccoons, skunks, and the like.
It shall be unlawful for any person:
A. 
To own, keep, harbor, possess, or maintain an animal(s) [a person is deemed to keep or harbor an animal(s) if he or she provides food for that animal] in an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare or safety or a failure to maintain a condition of good order and cleanliness which increases the probability of transmission of disease.
B. 
To maintain property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density, or location of the animals on the property.
Feeding wild mammals, feral cats, or stray cats anywhere in the Town of South Bethany is prohibited. A person who provides or makes food available will be deemed to violate this prohibition even when the provider claims they did not intend the food to be consumed by wild mammals, feral cats, or stray cats so long as a reasonable person would have known that the food could be consumed at least in part by wild mammals, feral cats or stray cats. The foregoing feeding prohibition shall not apply to stray cats that are being kept or harbored for the purposes of making them available for adoption and are confined indoors at all times.
No person shall import or cause to be imported into the Town of South Bethany any feral or stray cat. The foregoing importation ban shall not apply to stray cats that are being imported for the purpose of making them available for adoption and that will be confined indoors at all times.
Nothing in this article shall prohibit the use of a trap, neuter, and return (TNR) program by any person or group of persons to reduce the Town’s population of stray or feral cats. Only cats trapped in South Bethany may be returned to South Bethany as part of a TNR program.
Any person violating any provision of this article shall, upon conviction by any court of competent jurisdiction, pay a fine of $100 for the first offense, which fine shall increase by $100 for each subsequent offense, not to exceed $500, plus court costs. Each day of continued violation shall be considered as a separate and subsequent offense.