The board needs to vote to make this item available to the community at our Memorial Day meeting. If you are friends with any board members please reach out to them and ask them to bring this up and second it so it makes the agenda so the whole community can vote on it. Otherwise we won’t have a shot.
The board keeps quoting that based on state law our beach cannot have dogs however that is not what the state law says. In addition the board says they are worried about liability yet the state law says each dog owner is 100% liable for a dog’s behavior. Now some of the board members want to hire an attorney to interpret the law. My feeling is to allow our community to share their feelings for or against allowing dogs on the beach and vote either way, in addition vote as a community to hire or not hire an attorney to interpret the law:
Delaware Code: Title 7, Chapter 17: Dogs
§ 1702 Dogs on state coastal beaches.
Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming or sunbathing area of a state coastal beach strand at any time between May 1 and September 30, inclusive, of any year, except when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31, is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall be fined not less than $50 nor more than $100. “Coastal beach strand” shall mean all that coastal real property between the western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing the activities of dogs on said real property.
Tower Shores is not a “designated swimming or sunbathing area of a state coastal beach strand.”
It is also not a “state coastal beach strand.”
It is a private coastal beach strand.
This state law does not apply to our neighborhood. The only reason dogs are not allowed on Tower Shores beach is because of a Tower Shores rule.
We can regulate dogs as we see fit – with a simple majority vote of the board, or a simple majority vote from the community (as long as a quorum is present).
Delaware Code: Title 16, Chapter 30F, Subchapter IV: General Provisions Concerning Dogs
§ 3053F Liability of dog owner for damages.
The owner of a dog is liable in damages for any injury, death, or loss to person or property that is caused by such dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog.