§ 6-2. Animals at large and on the beach strand.

(a)

No animals, except as expressly allowed herein, shall be permitted by their owners to roam within the town. However, dogs which are household pets may, when accompanied by a responsible individual controlling said dog on a leash held in hand, not to exceed 16 feet in length, be allowed on public rights-of-way, parks, and on the beach strand. Nothing contained herein shall prohibit traditional household pets from being retained on the owner's private property, subject to limitations and restrictions contained within the Code. Cats maintained as household pets may be allowed to roam within the town, without leash, unless such cat regularly engages in conduct reasonably considered to be a nuisance to citizens within the town.

(b)

No horses or other equines, beef and dairy cattle, hogs, sheep, goats and other livestock shall at any time be allowed on the beach strand or within the town. This prohibition includes the prohibition of such animals, or any other similar animals, from entering or remaining on the beach strand whether or not said animals are being ridden, led or otherwise under the control of the owner or possessor of the animals. As used herein, the term "beach strand" means all land between the mean low-water mark of the Atlantic Ocean and the first line of stable vegetation as defined in the regulations of the coastal resources commission of the state.

Notwithstanding the provisions of subsection (b) prohibiting the presence of livestock within the town, the town manager may issue permits for the temporary use and presence of livestock in connection with special events, such as, but not limited to parades, special event petting zoos, and living nativity scenes. Such permits shall be for a limited duration and shall require proper confinement and/or control of the animals involved and shall require proper cleanup and disposal of animal waste.

(c)

No resident shall be authorized to cage, house, or retain more than three dogs on their premises, except that litters of puppies shall be allowed for a period not to exceed 12 weeks. This subsection does not restrict the retention of animals on private property in the town at time of adoption of this section.

(d)

No person owning, harboring, keeping or in charge of any dog shall cause or allow the dog to defecate or otherwise commit any nuisance on any street, sidewalk, park, beach strand, municipal right-of-way or other publicly owned area, or upon any private property without permission of the owner of the property, without the excrement immediately being removed by the person owning, harboring or keeping the dog responsible for the excrement, and then depositing such excrement in an appropriate waste container.

(e)

If any person shall violate this section or sections 6-1, 6-3 or 6-4, he shall be guilty of a class 3 misdemeanor and shall be fined not more than $100.00. Further, the town may assess a civil penalty in the amount of $50.00 for the first offense, and $100.00 for each subsequent offense for violation of said sections. Payment of a civil penalty shall not be admissible as evidence in any criminal prosecution for violation of the sections of this chapter.

(f)

Any court costs in which a violation is judged to have occurred will be borne by the owner of the animal.

(Code 2001, § 5-2; Ord. of 7-5-1981, § 1; Ord. No. 1985-11, 7-9-1985; Ord. No. 1991-8, 8-13-1991; Ord. No. 1993-1, 2-9-1993; Ord. No. 2001-4, 2-13-2001; Ord. No. 2003-7, 8-12-2003; Ord. No. 2005-2, 2-8-2005; Ord. No. 2008-13, 11-12-2008)