SUSSEX COUNTY, DE LEASH ORDINANCE
Please see the following Leash Ordinance presently in effect for Sussex County, Delaware:
ORDINANCE NO. 2090
AN ORDINANCE TO ADOPT CHAPTER 60 DOG CONTROL
WHEREAS, House Bill 233 was signed by the Governor of Delaware on July 22, 2009; and
WHEREAS, House Bill 233 transferred the responsibility of dog control from the State of
Delaware to each county to commence by January 1, 2010; and
WHEREAS, Dog Control shall be contained within Chapter 60 of the Sussex County Code,
a previously reserved section of the Code.
NOW THEREFORE THE COUNTY OF SUSSEX HEREBY ORDAINS:
Chapter 60 Dog Control
§ 60-1. Definitions.
The following words and phrases shall have the meaning ascribed to them in this chapter
unless the context clearly indicates otherwise:
(1) “Animal shelter” shall mean 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-forprofit organization devoted to the welfare, protection and humane treatment of such
animals.
(2) “Primary enclosure” shall mean 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.
(3) “Retail dog outlet” shall mean any premises where dogs are sold, or offered or
maintained for sale, on a retail basis. The term shall not include:
a. 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;
b. The selling of a single litter of puppies or any part thereof during a calendar
year; or
c. Any publicly operated or private, charitable or nonprofit animal shelter,
pound, humane society, or animal rescue organization.
(4) “County” shall mean Sussex County.
(5) “Dog Control Agent” shall mean an individual employed by the County or employed
by an independent contractor of the County, for the purpose of enforcing dog control
laws, rules, regulations and ordinances.
§ 60-2. Fees for dog and kennel licenses; terms.
(a) Fees – The fees to be charged by the County to the appropriate parties and to be paid by
such appropriate parties to the County for the licenses and services specified in this
chapter shall be as follows:
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(1) For an Individual dog owner license for a spayed or neutered dog: $10.00 per
calendar year.
(2) For an Individual dog owner license for an unspayed or unneutered dog:
$15.00 per calendar year.
(3) Retail Dog Outlet license: $60.00 per calendar year.
(4) To keep or operate a kennel having the capacity to accommodate no more
than 12 dogs at any time during the calendar year: $60.00.
(5) To keep or operate a kennel having the capacity to accommodate no more
than 25 dogs at any time during the calendar year: $75.00.
(6) To keep or operate a kennel having the capacity to accommodate no more
than 50 dogs at any time during the calendar year: $125.00.
(7) To keep or operate a kennel having the capacity to accommodate more than
50 dogs at any time during the calendar year: $200.00.
(b) Dog licenses — The owner of any dog, 6 months of age or older, on or before March 1,
shall apply to the County or its duly authorized agents on a form prescribed by the County
for a license for such dog.
(1) Individual dog licenses — The owner of any dog, 6 months of age or older, on or
before March 1, shall apply to the County or its duly authorized agents on a form
prescribed by the County for a license for such dog. All dog licenses shall be valid
through December 31 and the valid period of the license can be for one, two or three
calendar years.
(2) Retail dog outlet licenses — Each owner of a Retail dog outlet must apply to the
County or its duly authorized agents on or before March 1 on a form prescribed by
the County for a retail dog outlet license. Retail dog outlet licenses shall be valid
through December 31 but may not exceed one calendar year. The application shall
be accompanied by the appropriate license fee according to the fee schedule
prescribed in subsection (a) of this section.
(3) Kennel licenses — Any person who maintains a kennel wherein more than four dogs
are kept for show, trial, sale, breeding or other purposes may apply to the County or
its duly authorized agents on a form prescribed by the County for a kennel license in
lieu of a license for each dog and pay the appropriate fee indicated in subsection (a)
of this section. Kennel licenses shall be valid through December 31, and shall not be
valid for more than 1 calendar year.
(c) On or before March 1, any person without a kennel license who becomes the owner
of a dog 6 months of age or older shall forthwith apply for and secure a license for
such dog in accordance with this section.
(d) Upon application and payment of the fee for a dog 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 dog and kennel license shall show the date on which the license fee
is paid. The County or its duly authorized agent shall issue each license showing the
year for which the license is paid and the serial number of the license. 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 of a design to be adopted by the County, and shall be
affixed to the collar by the owner of such dog. Dog collars with associated county
tags may be removed and need not be worn when the dog is licensed as a kennel or
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retail dog outlet and is housed in an enclosure or a pen. If the collar has been
removed, a valid dog tag and license must be readily available for review by a dog
control agent as proof that the individual dog is licensed. Dogs engaged in the act of
hunting are exempted from wearing county tags while they are in the act of hunting,
but must have some means of valid identification on the dog, and a valid dog tag and
license must be available for review by a dog license agent while the dog is in the act
of hunting.
(e) Whoever fails to secure a valid dog license, retail dog outlet license or kennel license
for the calendar year on or before March 1, or when otherwise required by this
chapter shall be fined $50.00. For each subsequent offense occurring within 12
months of a prior offense, the person shall be fined $100.00. The minimum fine for a
subsequent offense shall not be subject to suspension. Conviction for the failure to
pay the license tax is a violation.
(f) The County may revoke any individual dog owner license, retail dog outlet license or
kennel license issued by it and may deny any person the right to secure any such
licenses for a period of time within its discretion, if the licensee or person has been
convicted of animal cruelty under the Laws of Delaware or any state or federal law.
(g) The license fee set by the County pursuant to subsection (a) of this section shall not
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 in a branch of the United States
armed forces. The County shall issue either a metal license tag or an alternative
method for identification in accordance with subsection (d) of this section to such
persons without the necessity of the payment of the dog license fee.
§ 60-3. Inspections of facilities and premises; suspension of kennel or retail dog dealer
license.
(a) Dog control agents are hereby authorized to inspect the facilities for which
a kennel or retail dog outlet license is sought or obtained during normal
business hours or by appointment for the purpose of ascertaining whether the
facilities satisfy the requirements for the humane handling, care and
treatment of dogs specified in § 60-4 of this chapter. It shall be unlawful for
any person to refuse admittance to a dog control agent for the purpose of
making inspections.
(b) Any dog control agent having probable cause to believe a violation of §60-4
of this chapter has or is taking place may enter upon the premises of the
owner or custodian of any dog subject to such violation for purposes of
investigating the violation, provided the investigation can be conducted
without having to enter a dwelling house or other structure used in
connection therewith. A dog control agent may enter into a dwelling house
or other structure only with the permission of the owner or occupant thereof
or with a duly issued search warrant, and is accompanied by a police officer
or is a police officer as that term is defined in 11 Del. Code § 1911.
(c) If, upon inspection or investigation, the premises or facilities are found not
to satisfy the requirements for the humane handling, care and treatment of
dogs specified in this chapter, the operator of such premises or facilities shall
be issued a warning identifying the deficiencies. Such operator shall have at
least 10 days to bring the premises or facility into compliance with § 60-4 of
this chapter; provided, that this time period may be extended by the County,
at its direction, for up to 60 days depending upon the nature of the violation
and the action necessary for compliance. If, upon expiration of the warning
period, such premises or facilities have not been brought into compliance, the
operator shall be fined in accordance with the terms specified in §1714 of
Title 7 of the Delaware Code. The County may also issue an order
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suspending the kennel or retail dog outlet license, if any, until the cited
deficiencies are remedied. The licensee shall be entitled to an administrative
review of such order as established by the County. Said administrative
review shall, at a minimum, establish those procedural rights as found in the
State Administrative Procedures Act.
(d) Whenever the County suspends a license in accordance with this section, a
dog control agent may seize and impound any dog in possession, custody or
care of the person whose license is suspended if there are reasonable grounds
to believe that the dog’s health, safety or welfare is endangered.
§ 60- 4. Specifications for the humane handling, care and treatment of dogs.
(a) General facilities.
(1) Structural strength — housing facilities for dogs shall be designed and
constructed so that they are structurally sound. They shall have no sharp
points or edges that could injure the dogs, and they shall contain the dogs
securely and restrict other animals from entering.
(2) Storage — Supplies of food and bedding shall be stored in a manner that
protects the supplies from spoilage, contamination and vermin infestation.
Foods requiring refrigeration shall be stored accordingly.
(3) Drainage and waste disposal — Provision shall be made for the regular
collection, removal and disposal of animal and food wastes, bedding, debris
and dead animals in a manner that minimizes contamination and disease
risks. If housing facilities are equipped with disposal facilities and drainage
systems, they shall be constructed and operated so that animal wastes and
water are rapidly eliminated and the dogs stay dry. All drains shall be
properly constructed, installed and maintained. If closed drainage systems
are used, they shall be equipped with traps and prevent the backflow of gases
and the backup of sewage onto the floor.
(b) Indoor housing facilities.
(1) Heating, cooling and temperature — Indoor housing facilities for dogs shall
be sufficiently heated and cooled when necessary to protect the dogs from
temperature extremes and to provide for their health and well-being. When
dogs are present, the ambient temperature in the facility shall not be allowed
to fall below 50/df (10/dC) for dogs not acclimated to lower temperatures and
for those breeds that cannot tolerate lower temperatures without stress or
discomfort (such as short-haired breeds). Dry bedding or other methods of
conserving body heat shall be provided when temperatures are below 50/dF
(10/dC). The ambient temperature shall not fall below 45/dF (7.2/dC) for
more than 4 consecutive hours when dogs are present, and shall not rise
above 85/dF (29.5/dC) for more than 4 consecutive hours when dogs are
present.
(2) Ventilation — Indoor housing facilities for dogs shall be sufficiently
ventilated when dogs are present to provide for their health and well-being,
and to minimize odors, drafts, ammonia levels and moisture condensation.
Ventilation shall be provided by windows, vents, fans or air conditioning.
(3) Lighting — Indoor housing facilities for dogs shall have ample lighting by
natural or artificial means. Lighting in indoor housing facilities shall be
sufficient to allow observation of the physical condition of the dogs so
housed, and to permit routine inspection and cleaning of the facility. Dogs
housed in these facilities shall be provided a regular diurnal lighting cycle of
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either natural or artificial light. Primary enclosures shall be placed so as to
protect the dogs from excessive light.
(4) Interior surfaces — The floors and walls of indoor housing facilities shall be
constructed and maintained so that they are substantially impervious to
moisture and may be readily sanitized.
(c) Outdoor housing facilities.
(1) Restrictions — Dogs that are not acclimated to the outdoor temperatures
prevalent in the area or region where they are maintained and breeds of dogs
that cannot tolerate the prevalent outdoor temperatures without stress or
discomfort (such as short-haired breeds in cold climates) may not be kept in
outdoor facilities unless the practice is specifically approved by a licensed
veterinarian.
(2) Shelter from the elements — Dogs shall be provided with proper shelter to
protect them against inclement weather, preserve their body heat, and allow
them to remain dry during rain or snow. Sufficient clean bedding material or
other means of protection from the weather shall be provided when the
ambient temperature falls below the temperature to which the dog is
acclimated. Additional bedding material or other means of protection shall
be provided when the temperature is 35/dF (1.7/dC) or lower.
(3) Shelter from sunlight — In addition to the shelter structure, 1 or more
separate outside areas of shade shall be provided to allow the dogs to protect
themselves when sunlight is likely to cause overheating or discomfort.
(4) Construction — Housing facilities for dogs shall be constructed to provide
for the health and comfort of the animals. The floors and walls of outdoor
housing facilities shall be constructed and maintained so that they are
substantially impervious to moisture and may be readily sanitized. Mobile or
traveling housing facilities, metal barrels, cars, refrigerators or freezers, and
the like shall not constitute proper shelter.
(d) Primary enclosures.
(1) Space requirements — Primary enclosures shall be constructed and
maintained to provide sufficient space to allow each dog to turn about freely
and to stand erect, sit and lie down in a comfortable, normal position. Each
dog housed in a primary enclosure shall be provided with a minimum amount
of floor space, which shall be calculated according to the procedure
prescribed in Title 9, Code of Federal Regulations §3.6(c)(1).
(2) Space requirements when nursing puppies — Each bitch with nursing
puppies shall be provided with an additional amount of floor space, based on
her breed and behavioral characteristics, and in accordance with generally
accepted husbandry practices. If the additional amount of floor space for
each nursing puppy is less than 5% of the minimum requirement for the
bitch, the housing shall be approved by a licensed veterinarian.
(3) Height — The interior height of a primary enclosure shall be at least 6 inches
higher than the head of the tallest dog in the enclosure when it is in a normal
standing position.
(4) Use of tethers — If dog houses with tethers are used as primary enclosures
for dogs kept outdoors, the tethers shall be attached so that the dog cannot
become entangled with other objects or come into physical contact with other
dogs in the housing facility, and so the dog can roam to the full range of the
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tether. The tether shall be of a type commonly used for the size dog
involved, made of material not normally susceptible to being severed by the
dog through chewing or otherwise, and shall be attached to the dog by means
of a well-fitted collar that will not cause trauma or injury to the dog. The
tether shall be a minimum of 10 feet and allow the dog convenient access to
the dog house and to food and water containers.
(5) Wire flooring — A dog may be sheltered in a primary enclosure having wire
flooring if the wire flooring is kept in good repair and does not result in
injuries to the dog. The flooring shall be constructed so as not to allow
passage of the animal’s feet through any openings in the floor of the
enclosure. Such flooring shall not sag or bend significantly between
structural supports. For primary enclosures built after October 1, 1998, or
any floors installed after that date, if the flooring is constructed of metal
strands, such strands shall either be greater than 1/8 of an inch in diameter (9
gauge wire) or shall be coated with a material such as plastic or fiberglass.
(6) Exceptions — Paragraphs (1) through (5) of this subsection shall not apply to
licensed retail dog outlet if all of the following conditions are met:
a. The primary enclosure is constructed and maintained to provide
sufficient space to allow the dog to turn about freely and to stand
erect, sit and lie down in a comfortable, normal position;
b. The dog is being offered for sale on a retail basis, or has been sold
and is awaiting physical transfer to its new owner; and
c. The dog is maintained in a primary enclosure that keeps the dog on
display to patrons of the retail dog outlet during its normal business
hours.
(e) Animal health and husbandry standards.
(1) Compatible grouping. — Dogs that are housed in the same primary enclosure
shall be compatible with the following restrictions:
a. Females in heat may not be housed in the same primary enclosure
with males, except for breeding purposes.
b. Any dog exhibiting a vicious or overly aggressive disposition shall
be housed separately.
c. Puppies 4 months of age or less may not be housed in the same
primary enclosure with adult dogs other than their dams or foster
dams.
d. Dogs may not be housed in the same primary enclosure with any
other animal species, unless they are compatible.
e. Dogs under quarantine or treatment for a communicable disease shall
be separated from other dogs and other susceptible animal species in
such a manner as to minimize the dissemination of such disease.
(2) Feeding — Dogs shall be fed at least once each day, except as otherwise
might be required to provide adequate veterinary care. The food shall be free
from contamination, wholesome, palatable and of sufficient quantity and
nutritive value to maintain the normal condition and weight of the dog. The
diet shall be appropriate for the individual dog’s age and condition.
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(3) Food receptacles — Food receptacles shall be readily accessible to all dogs
and shall be located so as to minimize contamination by excreta. The
receptacles shall be durable and shall be kept clean. The food receptacles
shall be sanitized at lease once per week. Disposable food receptacles may
be used but shall be discarded after each feeding. Self feeders may be used
for the feeding of dry food but shall be sanitized regularly to prevent
molding, deterioration or caking of feed.
(4) Watering — If potable water is not continually available to the dogs, it shall
be offered to the dogs as often as necessary to ensure their health and wellbeing. Watering receptacles shall be kept clean and shall be sanitized at least
once per week.
(5) Cleaning of primary enclosure — Excreta and food waste shall be removed
from a primary enclosure, including any floor area or ground surface beneath
the primary enclosure, on a daily basis. When steam or water is used to clean
the primary enclosure, whether by hosing, flushing or other methods, dogs
shall be removed, unless the enclosure is large enough to ensure that the dogs
will not be harmed, wetted or distressed in the process. Standing water shall
be removed from the primary enclosure and dogs in other primary enclosures
shall be protected from being contaminated with water and other wastes
during the cleaning.
(6) Housekeeping for premises — premises where housing facilities are located,
including buildings and surrounding grounds, shall be kept clean and in good
repair to protect the dogs from injury and to facilitate the husbandry practices
set forth in this section.
§ 60-5. Licensing Agents; bond requirement; service charge; regulations.
(a) The County may authorize as many qualified persons or companies as Licensing
Agents as it deems necessary to effectuate the efficient distribution of dog licenses.
(b) The bond requirement may be determined by the County.
(c) Licensing agents may add a service charge to the required fee for a license.
(d) The County may adopt, amend, modify or repeal rules and regulations to effectuate
the policy and purpose of this section.
§ 60-6. Reciprocity of Dog License.
(a) The County shall establish a licensing system which identifies the county in which
the dog’s owner maintains his or her primary residence.
(b) When by or pursuant to the authority under this Chapter a dog is licensed by its
owner within the County then such dog shall not need an additional license within
the other counties of this State.
§ 60-7. Rules and Regulations.
(a) The County shall have the authority to enact all rules and regulations, in furtherance
of the provisions of this Chapter.
(b) The County shall have the authority to charge administrative fees in order to
administer the provisions of this Chapter based on approval by the Sussex County
Council.
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I DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF
ORDINANCE NO. 2090 ADOPTED BY THE SUSSEX COUNTY COUNCIL ON THE 1ST DAY
OF DECEMBER 2009.
ROBIN A. GRIFFITH
CLERK OF THE COUNCIL
