Animal Welfare

Del. Code tit. 16, ch. 30F

in effect

Del. Code tit. 16, § 3000F Definitions [Effective Jan. 1, 2027].

For purposes of this subchapter: (1) “Animal rescue organization” means an animal welfare society or other nonprofit organization that accepts custody of animals for the purpose of finding permanent adoptive homes for the animals and uses a network of foster homes to maintain the animals. An “animal rescue organization” does not do any of the following: a. Maintain a facility or physical structure for housing animals until final disposition. b. Breed animals. c. Obtain animals in exchange for payment or compensation from any person that breeds or brokers the animals. (2) “Animal shelter” means a public or private facility that includes a physical structure and which provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered cats or dogs, and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. In addition to sheltering cats or dogs, the facility may also shelter other species. “Animal shelter” does not include individuals providing temporary foster care to animals in their home or an animal rescue organization. (3) “Department” means the Department of Health and Social Services or its duly authorized representatives. (4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat’s left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping. (5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways. (6) “Foster home” means the temporary shelter for an animal provided by an individual in that individual’s home while the animal is in the custody of the animal rescue organization or animal shelter. (7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease. (8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. “Intake” includes all animals admitted to the shelter, a foster home, or a satellite location. (9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24. (10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease. (11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies. (12) “Person” means corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, this State, a county or a municipality of this State, as well as individuals.

Del. Code tit. 16, § 3001F Definitions [Effective until Jan. 1, 2027].

For purposes of this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” shall not include individuals providing temporary foster care to animals in their home or to animal rescue groups sheltering animals on an individual’s private property. (2) “Business day” means each day the shelter is open to the public for reclamation and adoption. (3) “Department” means the Department of Health and Social Services or its duly authorized representatives. (4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat’s left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping. (5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways. (6) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location. (7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease. (8) “Licensed veterinarian” means a veterinarian licensed to practice veterinary medicine pursuant to Title 24. (9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24. (10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease. (11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies.

Del. Code tit. 16, § 3002F Shelter care and treatment.

(a) Animal shelters shall be advised by a licensed veterinarian and shall adhere to a written veterinary care protocol developed with a licensed veterinarian, which protocol shall include appropriate evaluation and testing of newly impounded animals, disease control and prevention, and adequate veterinary care. In addition, animal shelters shall have a protocol for behavioral enrichment. The protocols shall be updated annually. (b) Animal shelters shall vaccinate all dogs against canine distemper virus, canine parvovirus, and bordetella bronchiseptica and all cats against feline viral rhinotracheitis, calicivirus, and the panleukopenia virus before or upon entering the shelter or holding facility to reduce the spread of disease. Such vaccinations must be administered as soon as possible and no more than 8 hours after entering the shelter. For animals admitted overnight, such vaccines shall be given no later than noon. This provision shall not apply to animals in quarantine for rabies observation or to animals having injuries, illness or temperament that make administration of the vaccinations unsafe. (c) Each animal entering an animal shelter shall be evaluated at intake to check for signs of infectious disease or an injury or illness requiring emergency medical care. A full examination shall be performed within 48 hours of entry and prior to adoption. (d) Animal shelters shall ensure that animals requiring veterinary care are seen by a licensed veterinarian within a reasonable amount of time based on the condition of the animal, and that urgent medical care is provided as needed. Animal shelters shall comply with treatment plans developed by a licensed veterinarian for animals at the shelter requiring treatment. Animals in the shelter’s custody for 1 year or more must receive a veterinary exam every 12 months. (e) Animal shelters shall include a designated treatment area and isolation and/or quarantine areas. Animals having a severe communicable disease shall be moved to isolation to limit exposure to other animals and people. Animals that have been directly exposed to, but are not showing signs of, a high risk communicable disease shall be quarantined to monitor for signs of illness and prevent spread of disease. (f) Prior to adoption or return to field, all dogs and cats of required age must be vaccinated against rabies or have a valid exemption from vaccination, pursuant to § 8204 of Title 3. Dogs and cats in quarantine for rabies or on dangerous-dog hold shall be administered rabies vaccine prior to release from shelter, unless proof of current rabies vaccine is provided. (g) Feeding. — (1) Animals must be fed at least once each day except as otherwise required to provide adequate veterinary care. The food must be free from contamination and must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for species, condition, age, and size of the animal. (2) Fresh, clean water must be accessible at all times, unless directed by a veterinarian. (3) Food and water bowls must be durable and shall be kept clean and sanitized. (4) Food preparation and storage areas must be easily sanitized and maintained in clean condition. (5) Supplies of food must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. All open bags of food must be stored in airtight containers with lids. Foods requiring refrigeration must be stored accordingly.

Del. Code tit. 16, § 3003F Animal adoption, recovery, and rehabilitation [Effective until Jan. 1, 2027].

(a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption. (b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection shall not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program. (c) Animal recovery. — (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses. (2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. (3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner’s or caretaker’s initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal’s location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred. (4) All animals adopted out must be microchipped. (d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter. (e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification. (f) Prior to an adoption, an animal shelter shall consult the animal abuse offender list as established by § 4131 of Title 11 to determine if the individual seeking ownership of an animal is on the animal abuse offender list. (1) Animal shelters may not approve an animal adoption to an individual on the animal abuse offender list. (2) A pet store that allows for an animal shelter to use the store’s premises for the purpose of making animals available for adoption are exempt from requirements of this subsection provided that the pet store does not have an ownership interest in any of the animals that are made available for adoption.

Del. Code tit. 16, § 3004F Euthanasia in animal shelters [Effective until Jan. 1, 2027].

(a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met. (b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized: (1) The holding period for the animal required by this subchapter is expired; (2) There are no empty cages, kennels, or other living environments in the shelter that are suitable for the animal; (3) The animal cannot share a cage or kennel with appropriately-sized primary living space with another animal; (4) A foster home is not available; (5) Organizations on the registry developed pursuant to § 3003F(d) of this title are not willing to accept the animal; (6) A visibly healthy cat whose source of origin can be identified and it can be returned to the field; and (7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative. (c) Notwithstanding any other provisions of this chapter to the contrary, an animal may be euthanized immediately if necessary to alleviate undue suffering or to protect shelter staff and/or other sheltered animals from an animal’s severe aggression or contagious deadly health condition. The determination of whether euthanasia is necessary pursuant to this subsection shall be made by a licensed veterinarian or, in cases of extreme emergency occurring after regular business hours in circumstances under which a licensed veterinarian is not available, by other appropriately trained staff. (d) Euthanasia method and procedure. — (1) The Department shall promulgate regulations regarding acceptable methods of euthanasia in animal shelters and regarding sanitation and ventilation of euthanasia areas. The methods included shall be approved or conditionally approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia. (2) Under no circumstances shall carbon monoxide or carbon dioxide be used as a method of euthanasia. (3) Any animal shelter performing euthanasia shall have a current policy and procedure manual regarding euthanasia. The policy and procedure manual shall set forth the shelter’s equipment, process, and the procedures for individual separation of animals. (4) Notwithstanding the provisions of Chapter 33 of Title 24, euthanasia must be performed by: a. A licensed veterinarian; b. A nationally certified euthanasia technician; or c. A licensed veterinary technician; or d. A person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. Training and certification requirements shall be established by Department regulation in consultation with the Delaware Board of Veterinary Medicine. (5) If euthanasia is by injection, animals in an animal shelter that are amenable to being controlled shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (6) The trained staff member performing the euthanasia in animal shelters shall remain in attendance between the time procedures to euthanize the animal are commenced and the time death occurs, and shall verify death has occurred using methods to be determined by regulation. (7) Sodium pentobarbital may be obtained by an animal shelter with required federal and state permits.

Del. Code tit. 16, § 3005F Proper facilities required.

Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian.

Del. Code tit. 16, § 3006F Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.

(a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law. (b) Any person may maintain a civil action to enjoin the continuance of the violation of § 3004F(d) of this title. If the acts sought to be enjoined are determined by the courts to violate § 3004F(d) of this title, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law. (c) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section.

Del. Code tit. 16, § 3007F Record keeping and reporting.

Animal shelters shall maintain records regarding the following information: (1) Intake and outcomes data by type for all animals. (2) Number of animals at beginning and end of period. (3) Number of spay/neuter surgeries performed for shelter and public animals. (4) Records showing compliance with vaccination requirements. (5) Records regarding medical treatment provided. (6) Location and date of return for cats returned to field as part of a free-roaming cat program. The information in paragraphs (1) through (3) of this section shall be posted to the shelter’s website on a quarterly and annual basis in a format determined by the Department. The information in paragraphs (4) through (6) of this section shall be made available upon request by the Department.

Del. Code tit. 16, § 3008F Enforcement.

(a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter. (b) The Department will conduct at least annual inspection of every animal shelter. (c) The Department or its duly authorized representative or representatives shall have the power to enter at all reasonable times, during ordinary business hours, upon any private or public animal shelter for the purpose of determining whether or not there is compliance with or violations of this subchapter, rules, and regulations thereunder. (d) Upon request of the Department, animal shelters shall make available records concerning the requirements of this subchapter. (e) All findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, the documentation will also be posted on the Department web site. Deficiencies must be corrected within the timeframe established by the Department. (f) The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to § 107(a) of this title. (g) The animal shelter management has the right to appeal the results of the inspection. If the opinion of the animal shelter management is in conflict with the inspection, the animal shelter management may request a review of the inspection by the Department. The appeal will be made in writing and submitted within 30 days after publication of the findings. After receipt of the appeal, the Department will have 60 days to respond in writing. (h) The Department shall conduct an investigation upon receipt of a complaint of alleged violations of this subchapter. (1) Anyone desiring to file a complaint against any animal shelter shall file a written complaint with the Department. All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee. The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. The Department shall be responsible for issuing a final written report of violations of this subchapter to the animal shelter. Once the final report is issued to the animal shelter, the report will also be posted to the Department website at the conclusion of the proceedings. (2) The animal shelter management may, in writing to the Department, request a hearing if they wish to contest the findings of the investigation. The appeal will be made in writing and submitted within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29.

Del. Code tit. 16, § 3009F Facilities; primary enclosures; sanitation and disease control.

(a) Facilities. — (1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized. (2) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature and humidity extremes, and to provide for their health and well-being. The ambient temperature in all areas where animals are present may not fall below 60° (15.6° C) or above 80° F (26.7° C) when animals are present. (3) Indoor housing facilities must have ample lighting by natural or artificial means. Lighting in indoor housing facilities must be sufficient to allow observation of the physical condition of the animals, and to permit routine inspection and cleaning of the facility. Animals housed in these facilities must be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures must be placed to protect animals from excessive light or darkness. (4) A suitable method must be provided for adequate drainage and to eliminate standing or excess water from indoor housing facilities. (5) Provisions must be made for the daily removal and disposal of animal and food waste, bedding, and debris from the housing facility. (6) Indoor housing facilities must be sufficiently ventilated to provide for the health and well-being of animals, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation may be provided by windows, vents, fans, or air conditioning. (7) Premises where housing facilities are located, including building and grounds, must be kept clean, free of trash, and in good repair. (b) Primary Enclosures. — (1) Housing must be provided for all animals in the shelter’s custody, appropriate to the species, size, and number of animals, to ensure their comfort, health, and well-being. (2) Primary animal enclosures must be structurally sound and maintained in a safe working condition to properly confine animals, prevent injury, keep other animals out and enable animals to remain dry and clean. Enclosures must have no sharp edges, gaps or other defects that could cause injury or entrapment. (3) A primary enclosure must provide sufficient space to allow each animal to: a. Turn about freely and easily stand, sit, stretch, and move their head without touching the top of the enclosure. b. Lie in a resting position with limbs extended. c. Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating. d. Sit, sleep, and eat away from areas where they defecate and urinate. (4) The interior height of a primary enclosure must be at least 6 inches higher than the head of the animal in the enclosure when it is in a normal standing position. (5) Dogs and cats may not be sheltered in a primary enclosure having only wire mesh bottoms or slatted floors in caging. (6) Crates or travel kennels may be used as animal housing on a temporary or emergency basis only, and not as permanent primary enclosures. (7) Cages may not be stacked upon each other in a manner that allows excrement to fall into cages below. (8) Animals may not be tethered. (9) At night, all dogs and cats must have access to clean, dry, bedding or a bed off the floor unless unsafe to do so. (10) Identification cards must be visible outside enclosures and include name, ID, species, and color/description. (11) Additional requirements for cats: a. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes; b. Cats must be provided places to hide; and c. Cats that are housed long term must have access to environments where they can scratch, climb and perch. (c) Sanitation and disease control. — (1) The shelter building, primary enclosures, and all other areas where animals are kept must be sanitary and regularly cleaned to reduce disease transmission among animals, protect public and human health, and increase animal comfort. (2) Excreta must be removed as often as necessary to prevent contamination of animals and to control disease and odors. (3) All primary enclosures, food bowls, and water bowls must be spot cleaned daily and fully cleaned and sanitized as necessary. (4) All floors, junctions, walls, doors, and drains must be fully cleaned and sanitized after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease. (5) Only cleaners that are safe for animals may be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present. (6) Animals must be removed from an enclosure when water or cleaning and disinfecting products are sprayed in or near that enclosure to ensure the animal will not be harmed, wetted, or distressed by the process. (7) The shelter building and animal areas must be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species. If necessary, an effective pest control program must be established and maintained.

Del. Code tit. 16, § 3010F Short title.

This subchapter shall be known and may be cited as the “Animal Population Control Program.”

Del. Code tit. 16, § 3011F Findings [Repealed].

Del. Code tit. 16, § 3012F Purpose.

The purpose of the Animal Population Control Program is to decrease the number of stray and unwanted cats and dogs. The Program’s goals include a reduction in the following: (1) Population growth among stray and unwanted cats and dogs. (2) Stray and unwanted cats and dogs entering animal shelters. (3) Cat and dog euthanasia rates. (4) Animal-inflicted injuries to humans (e.g., bites). (5) Threats to public health and safety (e.g., from rabies and vehicular accidents).

Del. Code tit. 16, § 3013F Definitions [Effective until Jan. 1, 2027].

As used in this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. (2) “Cat” means a member of the genus and species known as felis catus. (3) “Committee” means the Spay/Neuter Advisory Committee. (4) “Department” means the Department of Health and Social Services. (5) “Dog” means a member of the genus and species known as canis familiaris. (6) “Feral cat” means a cat that is either of the following: a. Born in the wild or the offspring of an owned or feral cat and which may not be socialized. b. A formerly owned cat that has been abandoned and is no longer socialized. (7) “Free-roaming-cat caretaker” means a person who provides shelter, medical care, or food to 1 or more feral or free-roaming cats lacking discernible owner identification and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming-cat caretakers are not owners. (8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location. (9) “Owner” means any person, firm, partnership, association, or corporation owning, keeping, or harboring a cat, dog or other animal. (10) “Program” means the Animal Population Control Program established by and set forth in this subchapter for cats and dogs. (11) “Spay/neuter” means to sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA-approved pharmaceutical sterilization.

Del. Code tit. 16, § 3014F Funding.

(a) A Spay/Neuter Fund is established for the purpose of funding the Program. (b) All moneys received by the Department in accordance with the authority provided by this subchapter shall be deposited into a separate, nonlapsing account and shall be dedicated for use by the Department for veterinarian reimbursement and administration costs associated with the Program and other expenses that achieve the purpose of the Program. (c) All interest earnings shall be credited to the assets of the Fund and shall become part of the Fund. (d) Any balance remaining in the Fund at the end of any fiscal year shall be carried forward for the next fiscal year for this Program. (e) The Fund shall be created from a combination of the following: (1) Annual registration fees on pet food distributed to the Fund under § 1706 of Title 3. (2) A $3.00 surcharge shall be added to each rabies inoculation administered to cats and dogs in Delaware. This surcharge does not apply to stray, abandoned, abused, or owner-surrendered animals admitted for intake to an animal shelter for temporary shelter and care. It is the responsibility of the veterinarian administering the inoculation to collect the surcharge and forward same on a monthly basis, together with all applicable rabies inoculation verifications and other forms to the Department. (3) Proceeds from the animal welfare license plate fees distributed to the Fund under § 2139F of Title 21. (4) Any other money from any other source accepted for the benefit of the Fund. (f) All revenue shall be deposited in the Fund’s account and shall become part of the Fund’s corpus. (1)-(4) [Repealed.]

Del. Code tit. 16, § 3015F Eligibility; division of Spay/Neuter Fund proceeds.

The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites: (1) An individual may qualify to participate in the program if the individual meets all of the following: a. Is 18 years of age or older. b. Is a resident of the State. c. Establishes proof of being a recipient of benefits from 1 of the following programs: 1. Food Stamps. 2. General Assistance. 3. Delaware Medical Assistance. 4. Social Security Disability (SSD), including an individual who was receiving Social Security Disability benefits at the time the individual reached full retirement age but whose benefits have since been converted to regular retirement benefits by the Social Security Administration. 5. SSI (Supplemental Security Income). 6. Temporary Assistance for Needy Families (TANF). 7. WIC (Special Supplemental Nutrition Program for Women, Infants, and Children). 8. Veteran’s Administration Disability Compensation (only if veteran has a disability rating of 50% or higher). d. Is the owner or free-roaming-cat caretaker of a Delaware cat or Delaware dog being spayed or neutered at a participating veterinarian or clinic. (2) A nonprofit organization may apply for competitive grants from the Program if it meets all of the following: a. Is registered and in good standing as a Delaware corporation with the Delaware Secretary of State, Division of Corporations. b. States in its corporate purpose clause or in its mission statement that its activities are devoted to animal rescue, animal welfare, or the humane treatment of animals. c. Applies these funds to animals who have their origin in Delaware. d. Is exempt from federal taxation in accordance with Internal Revenue Code § 501(c)(3) [26 U.S.C. § 501(c)(3)]. (3) The Department shall determine the Program’s fiscal allotment and numerical spay and neuter procedures according to available funds and in a way that best accomplishes the goals of the Program and reaches targeted pet populations. a.-e. [Repealed.]

Del. Code tit. 16, § 3016F Preadoption spay/neuter mandate.

(a) Except as provided in subsection (b) of this section, cats and dogs must be spayed or neutered and inoculated for rabies, or have a valid exemption from vaccination under § 8204 of Title 3, prior to adoption from any of the following: (1) A private animal welfare or rescue agency, group, or organization. (2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof. (3) An animal shelter as defined herein. (b) Following a medical examination, if a veterinarian determines that an animal cannot safely or humanely undergo a spay/neuter procedure, the animal shall be exempt from the spay/neuter requirement. (1), (2) [Repealed.]

Del. Code tit. 16, § 3017F Enforcement, violations and penalties.

(a) The Department shall adopt regulations pursuant to this subchapter relative to: (1) Format and content of all forms required under this subchapter. (2) Proof of eligibility under § 3015F of this title. (3) Administration of the Fund. (4) Any other matter necessary for the administration or enforcement of the Program and Spay Neuter Fund established under this subchapter. (b) Any person or organization that knowingly falsifies proof of eligibility for, or participation in, any program established under this chapter, or who knowingly furnishes any licensed veterinarian with inaccurate information concerning ownership of a pet submitted for sterilization, or who falsifies an animal sterilization certificate shall be subject to a minimum mandatory fine, of $250. The Department may deny future participation in the program to an individual or organization that violates this subsection. (c) [Repealed.] (d) Agency failure to spay/neuter an animal of reproductive age: (1) Any agency, organization, or other entity cited under § 3016F of this title for failing to comply with the mandatory pre-adoption spay/neuter and rabies inoculation program set forth in this subchapter is subject to a mandatory minimum fine of $500, for each violation of this subchapter. (2) An agency’s holding of animals of reproductive age until such time as said animals are the subject of an adoption application does not constitute a violation of this subchapter. (e) All fines collected in association with this subchapter shall be deposited in the Spay/Neuter Fund.

Del. Code tit. 16, § 3018F Program administration.

(a) The Department shall administer the Program and is responsible for all of the following: (1) Determining eligibility of individuals and nonprofit organizations. (2) Management of nonprofit grants and reporting. (3) Directing the collection of revenue. (4) Enrolling veterinary provider participants. (5) Processing payments for veterinary reimbursement and other expenses. (6) Utilization of the Spay/Neuter Fund to meet Program goals. (7) All other matters necessary for administration and enforcement of the Program. (b) All reimbursement shall be through the Department. (c) The cost of administering the Program may be reimbursed from the Spay/Neuter Fund.

Del. Code tit. 16, § 3019F Veterinarian participation.

(a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the Department agreeing to all preset fees and program conditions. Preset fees shall be set by the Department, and shall be subject to revision as necessary. (b) The Department shall reimburse the veterinarians for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation, spay/neuter surgery, rabies vaccination, and routine postsurgical care required by the servicing veterinarian’s postoperative protocol. The owner/caretaker shall be responsible for the payment of any additional fees for procedures mutually agreed upon and administered by the veterinarian that are not covered under this Program. (c) To receive reimbursement, the participating veterinarian shall provide documentation or other verification for procedures performed to the Department. (d)-(f) [Repealed.]

Del. Code tit. 16, § 3020F Veterinarian services tax credit.

Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008.

Del. Code tit. 16, § 3021F Performance measurement.

Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made. (1) To measure the performance of this Program, the Department shall establish a standardized statewide yearly reporting system for all of the following: a. The number of spay/neuter surgeries. b. The number of rabies inoculations performed pursuant to this subchapter. c. Cat and dog shelter intake statistics. d. Euthanasia statistics. e. Such other criteria as the Department shall find necessary for the purposes of performance review analysis. (2) The Spay/Neuter Advisory Committee shall consist of the following members or their respective designees: a. The Executive Director of the Office of Animal Welfare, who shall serve as Chair of the Committee. b. The Director of the Division of Public Health. c. The President of the Delaware Veterinary Medical Association. d. The Executive Director of each Delaware animal shelter. e. Three additional members appointed by the Chair, each of whom may serve up to 2 terms of 3 years per term. The additional appointed members must be a veterinarian, an animal welfare organization representative, or other animal welfare expert. f.-j. [Repealed.] (3) The Chair shall schedule Committee meetings as often as is necessary. (4) [Repealed.]

Del. Code tit. 16, § 3031F Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture [Effective until Jan. 23, 2027].

(a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in the State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence. (b) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all dog control, dog barking laws, dangerous dog and animal fighting laws, and laws concerning the maintenance of a dangerous animal in the State. (c) The Office of Animal Welfare is a “law-enforcement agency” for purposes of § 8901B of Title 11 and any other purpose relating to communication and access to criminal justice information. (d) Animal welfare officers of the Office of Animal Welfare or Department of Agriculture shall be trained and certified pursuant to § 122(3)bb. of this title. (e) Animal welfare officers of the Office of Animal Welfare shall have the power to investigate, search, seize, detain and arrest when investigating and enforcing animal cruelty and fighting, dog control, dog barking, or dangerous animal laws. (f) The Department of Agriculture shall have the power to investigate, search, seize and issue criminal summons when investigating and enforcing animal cruelty laws. (g) Animal welfare officers of the Office of Animal Welfare and the Department of Agriculture shall have no police powers to investigate or enforce laws other than those related to animal cruelty or fighting, dog control, dog barking, or dangerous animal laws. (h) Animal welfare officers of the Office of Animal Welfare or the Department of Agriculture shall not be permitted to carry firearms while on duty as such.

Del. Code tit. 16, § 3032F Enforcement of laws for protection and control of animals.

All police officers shall, as occasion requires, assist the Office of Animal Welfare and the Department of Agriculture, in the enforcement of all laws which are enacted for the protection and control of animals.

Del. Code tit. 16, § 3033F Fines and penalties [Effective until Jan. 23, 2027].

All fines, penalties and forfeitures, imposed and collected in the State under every act relating to or affecting cruelty to animals, animal fighting, dog control, dog barking, or dangerous animals, shall be remitted to the enforcing agency.

Del. Code tit. 16, § 3034F Service of process [Effective until Jan. 23, 2027].

Any warrant, subpoena, summons, or other process issued in relation to animal cruelty and fighting, dog control, or dangerous animal laws may be directed to and executed by any trained and certified animal welfare officer of the Office of Animal Welfare.

Del. Code tit. 16, § 3035F Impoundment.

(a) Any trained and certified animal welfare officer working for the Office of Animal Welfare or the Department of Agriculture, or any law-enforcement officer as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty or animal fighting and as provided for by the laws of Delaware relating to seizure of property, impound in an appropriate shelter, animal rescue or, if required, in an appropriate veterinarian facility, any animal subjected to cruel mistreatment or cruel neglect. Should the owner or custodian of an animal not be available at or near the premises where the animal is located, upon taking an animal under this section the agent shall leave in an appropriate place written notice to the animal’s owner or custodian of such action. The officer shall take all reasonable action to insure that owners or custodians of an animal, impounded under this section, shall have received notice of such action as soon as possible and no later than 24 hours after the impoundment. (b) An animal impounded under this section shall not remain in the custody of the State longer than 48 hours and shall be returned to its owner or custodian unless a complaint is filed within the 48-hour period in the appropriate court under the animal cruelty laws against the owner or custodian, except that upon good cause shown a court may permit a reasonable extension of the 48-hour period not to exceed 30 days. When a complaint is filed in the appropriate court, the impounded animal shall remain in the custody of the State pending the outcome of the action. If the owner or custodian is found to be in violation of the animal cruelty laws the court shall make a final determination as to the disposition of the animal. Should the complaint be withdrawn, prior to a court hearing, the animal shall be immediately made available to its owner or custodian. (c) Upon a determination that probable cause exists to believe that the animal cruelty or animal fighting laws have been violated by the owner or custodian of any impounded animal, the State or its agent shall have the right to recover the costs of holding and caring for any animal impounded under this section from the owner or custodian of the animal. Upon impoundment, the State shall submit a detailed billing to the owner or custodian of the animal, listing the monthly costs of boarding, evaluation, veterinary and other costs associated with care. Notwithstanding any provision of this section or any other law to the contrary, failure of the animal’s owner or custodian to pay these costs within 15 days of delivery of a detailed monthly billing will result in ownership of the animal reverting to the State and the State may determine the final disposition of said animal. The provisions of this subsection shall be applicable notwithstanding the final disposition of the criminal charges. (d) An owner or custodian of an animal impounded under this section who is found guilty of cruelty to the animal, and the court orders the animal returned to such owner or custodian, shall, prior to taking the animal, reimburse the State or its agent its regular standard fees charged for the care of animals while in the State’s custody plus any veterinary fees incurred for the animal during the period of impoundment. Failure of the animal’s owner or custodian to pay such fees within 5 days after a finding of guilty will result in ownership of the animal reverting to the State. The State may then dispose of the animal in accord with its procedures for such disposition. (e) Should an animal which has been impounded under this section expire while in the custody of the State, the animal shall, as soon as possible, be turned over to the State Veterinarian at the Department of Agriculture. The State Veterinarian shall take whatever action necessary, including necropsy if required, to determine cause of the animal’s death and shall record such cause. The cause of death shall, if requested, be furnished to the animal’s owner and to the court handling the complaint relative to the animal. Disposition of the animal’s remains shall be coordinated with the animal’s owner and, provided a complaint has been filed, with the court handling the complaint.

Del. Code tit. 16, § 3036F Reports of animal cruelty; immunity.

(a) A person who reasonably suspects animal cruelty may report the suspected animal cruelty to the Office of Animal Welfare for investigation. (b) (1) A person who in good faith participates in reporting suspected animal cruelty has immunity from any liability, civil or criminal, that might otherwise exist as a result of making the report. (2) The immunity provided under this section extends to the person’s participation in any judicial proceeding resulting from the good faith report of suspected animal cruelty.

Del. Code tit. 16, § 3037F Mandatory reporting requirement [For application of this section, see 85 Del. Laws, c. 415, § 4].

(a) For purposes of this section: (1) “Animal” means as defined under § 1325 of Title 11. (2) “Cruelty to animals” means as defined under § 1325 of Title 11. (3) “Veterinarian” means as defined under § 3302 of Title 24. (b) A veterinarian who suspects cruelty to animals must report the suspected animal cruelty to the Office of Animal Welfare, or the appropriate reporting authority, for investigation. (c) A veterinarian who in good faith reports suspected cruelty to animals is immune from any liability, civil or criminal, that might otherwise exist as a result of making the report. The immunity provided by this subsection extends to the individual’s participation in any judicial proceeding resulting from the good faith report of suspected animal cruelty. A veterinarian who in good faith reports suspected animal cruelty may not be subject to professional discipline by the Board of Veterinary Medicine for making the report. (d) (1) All records and reports provided by the veterinarian under this section and the veterinarian’s identity are confidential and may not be released unless: a. By a court order. b. If required by another law. c. With the consent of the veterinarian who filed the report. (2) Not withstanding paragraph (d)(1) of this section, the Office of Animal Welfare or any other enforcement agency may release any records or reports required by this section to the Board of Veterinary Medicine on request. (e) All veterinarians must complete 1 hour of training on the requirements of this section as follows: (1) For veterinarians currently practicing in this State, prior to license renewal. (2) For veterinarians applying for an initial state license, prior to the issuance of the initial license. (f) All veterinarians must complete 1 hour of training on the requirements of this section every 6 years after the initial training. (g) The training required by this section must include the signs and symptoms of suspected cruelty to animals. Prior to an initial application for licensure or a license renewal, the veterinarian must attest to the Board of Veterinary Medicine that the veterinarian has completed the mandatory reporting training required under this section. (h) The Board of Veterinary Medicine may impose any disciplinary sanction under § 3317 of Title 24 for a violation of this section. (i) The Office of Animal Welfare and any other enforcement agency responsible for investigating cruelty to animals under this section must adopt confidential procedures to protect the identity of the veterinarian who makes a report under this section, including any information from the report.

Del. Code tit. 16, § 3041F Definitions [Effective until Jan. 1, 2027].

As used in this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” does not mean individuals providing temporary foster care to animals in their home or animal rescue groups sheltering animals on an individual’s private property. (2) [Repealed]. (3) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. (4) “Department” means the Department of Health and Social Services. (5) “Dog” means any dog or dog hybrid. (6) “Domestic animal” means any dog, cat, poultry, or livestock. (7) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog. (8) “Primary enclosure” means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch. (9) “Retail dog outlet” means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. “Retail dog outlet” does not mean any of the following: a. Dogs which are produced and raised on such premises and are sold, or 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. c. Any publicly operated or private, charitable, or nonprofit animal shelter, pound, humane society, or animal rescue organization.

Del. Code tit. 16, § 3042F Fees for dog licenses; terms [Effective until Jan. 23, 2027].

(a) Dog licenses. — The Department shall issue dog licenses and may, under § 3045F of this title, authorize agents to issue dog licenses. The Department shall provide applications for the following dog licenses, and may charge reasonable fees not to exceed the cost of administering this subchapter: (1) Individual dog owner licenses. — The owner of any dog 6 months of age or older shall apply to the Department or its duly authorized agents on a form prescribed by the Department for an individual dog owner license for such dog. All individual dog owner licenses shall be valid from the date of purchase for a period of time which the Department shall determine. (2) Retail dog outlet licenses. — Each owner of a retail dog outlet in the State must apply to the Department for a retail dog outlet license on an annual basis. A retail dog outlet license shall be valid for 1 year from the date of purchase. (3) Kennel licenses. — Any person who maintains a kennel wherein more than 4 dogs are kept for show, trial, sale, breeding, or other purposes may apply to the Department, or its agents authorized under § 3045F of this title, on a form prescribed by the Department for a kennel license in lieu of an individual dog owner license for each dog. Kennel licenses shall be valid for 1 year from the date of purchase. (4) Replacement dog licenses or tags. — The Department shall adopt a policy to issue a replacement individual dog owner license, retail dog outlet license, or kennel license, or the tags accompanying such license, and shall set the fees for such replacement licenses or tags. (5) [Repealed.] (b) Upon application and payment of the fee for an individual dog owner 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, exemption certificate authorized under § 8204 of Title 3, or other documentation required by the Department can be presented for each dog for which the license is sought. Each individual dog owner license, retail dog outlet license, and kennel license shall show the date on which the license fee is paid. The Department, or its agent authorized under § 3045F of this title, shall issue each license showing the year for which the license is paid and the serial number of the license. Each issued license must be accompanied by either a metal tag or an alternative method of identification, such as a microchip or tattoo. In the event a dog tag is issued, the tag shall be of a design to be adopted by the Department, and shall be affixed to the collar by the owner of such dog. Dog collars with associated state tags may be removed and need not be worn at all times when the dog is licensed under a kennel or 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 an animal welfare officer as proof that the individual dog is licensed. Dogs engaged in the act of hunting are exempted from wearing tags while they are in the act of hunting, but individuals hunting with dogs must have some means of valid identification on the dog, and a valid dog tag and license must be available for review by an animal welfare officer while the dog is in the act of hunting. (c) Whoever fails to secure a valid dog license, retail dog outlet’s license, or kennel license when required by this section shall be fined not less than $50 and not more than $500. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 and not more than $500. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation. (d) The Department may revoke any individual dog owner license, retail dog outlet license, or kennel license previously issued, and may deny any person the right to secure any such license for a period of time within the Department’s discretion, if the licensee or person has been convicted of animal cruelty under the laws of Delaware or any state or federal law. (e) The license fee set by the Department 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 Department shall issue either a metal license tag or an alternative method for identification in accordance with subsection (b) of this section for such dogs without the necessity of the payment of the dog license fee. (f) Individual, retail, or kennel licenses previously issued by a county or the City of Wilmington remain valid until their predetermined expiration dates.

Del. Code tit. 16, § 3043F Inspections of facilities and premises; suspension of kennel or retail dog outlet license.

(a) Animal welfare officers 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 specified in § 3044F of this title for the humane handling, care and treatment of dogs. No person may refuse admittance to an animal welfare officer for the purpose of making inspections. (b) Any animal welfare officer having probable cause to believe a violation of § 3044F of this title 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 whether a violation of § 3044F of this title has occurred, provided that the investigation can be conducted without the animal welfare officer having to enter a dwelling house or other structure used in connection therewith. An animal welfare officer may enter into a dwelling house or other structure only under either of the following circumstances: (1) With the permission of the owner or occupant of the dwelling house or other structure. (2) Pursuant to a legally obtained search warrant. (c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements specified in § 3044F of this title for the humane handling, care, and treatment of dogs, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have a warning period of a minimum of 10 business days to bring the premises or facility into compliance with § 3044F of this title, but the Department may extend the warning period by up to 60 days. 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 § 107(a) of this title. The Department may also issue an order suspending the kennel license or retail dog outlet license, if any, until the cited deficiencies are remedied. The licensee is entitled to an administrative review of such order as established by the Department in accordance with the Administrative Procedures Act (§ 10101 et seq. of Title 29). (d) Whenever the Department suspends a license in accordance with this section, an animal welfare officer 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.

Del. Code tit. 16, § 3044F 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°F (10°C) 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°F (10°C). The ambient temperature shall not fall below 45°F (7.2°C) for more than 4 consecutive hours when dogs are present, and shall not rise above 85°F (29.5°C) 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 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. — No dog shall be confined outside and unattended during any period in which a hazardous weather advisory or warning has been issued by the National Weather Service for the local area or where conditions pose a serious adverse risk to the health and safety of a dog. For purposes of this section, the definition of “outside and unattended” shall mean any dog that is exposed to the elements for a duration of longer than 15 minutes and not in visual range and physical presence of the owner. This expressly includes, but is not limited to, a dog in a yard or a dog that is tethered. A dog shall be considered outside regardless of access to an outdoor dog house or similar structure. However, a dog actively engaged in the protection of livestock, farm property, or poultry shall not be considered to be “outside and unattended” provided that such dog has uninterrupted access to enter a dry agricultural building such as a barn. (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. The shelter shall be substantially moisture proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor raised off the ground, and contain sufficient clean and moisture-resistant bedding material or other means of protection from the weather. Additional bedding material and a windbreak, such as a flap or tarp at the entrance, shall be provided between November 1 and March 31 or when the temperature is 35°F (1.7°C) 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 structurally sound, substantially impervious to moisture, wind, and may be readily sanitized. A dog house shall not be constructed primarily of metal. Mobile or traveling housing facilities, barrels, cars, refrigerators or freezers, and the like shall not constitute proper shelter. (5) Dogs shall be provided access to food and water under paragraphs (e)(2) through (e)(4) of this section in a manner in which the contents will not freeze. (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 9 C.F.R. § 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. — Tethers shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs, and so the dog can roam to the full range of the 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. Tethers shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. Tethers shall not be attached to a choke, pinch, prong, or martingale collar. The tether shall be a minimum of 10 feet in length and allow the dog convenient access to the dog house and to food and water containers. The dog may not be tethered for more than 2 hours when the dog owner or a responsible person is not present on the property. (5) Wire flooring. — A dog may not be sheltered in a primary enclosure having only wire flooring. (6) [Repealed.] (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. (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 least 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 well-being. 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. (f) Civil penalties. — An owner who refuses, fails or neglects to comply with this section shall be penalized as follows: (1) For a first violation, a civil penalty of $100 in addition to costs. (2) For a second violation, a civil penalty of $250 in addition to costs. (3) For each subsequent violation, a civil penalty of $500 in addition to costs.

Del. Code tit. 16, § 3045F Licensing agents; bond requirements; service charge; negotiations.

(a) The Department may authorize as many qualified persons or companies as licensing agents as it deems necessary to effectuate the efficient distribution of dog licenses established under § 3042F of this title. (b) The Department may determine the bond requirement. (c) Licensing agents may add an approximate, reasonable and necessary service charge to the required fee for a license. The Department shall set the fee at its discretion. (d) The Department may adopt, amend, modify, or repeal rules and regulations to effectuate the policy and purpose of this section.

Del. Code tit. 16, § 3046F Reciprocity of dog license.

If, by or pursuant to the laws of the state of the owner’s primary residence, an owner licenses in that owner’s own state of residence, then such dog shall not need an additional license in this State.

Del. Code tit. 16, § 3047F Rules and regulations [Repealed].

Del. Code tit. 16, § 3048F Dogs running at large.

(a) (1) Unless exempted under this section, a dog may not run at large outside at any time. A dog must be secured by means of a leash that is capable of physically restraining the movement of the dog. A dog is not at large if it is within the real property limits of its owner, or on private property with permission, or within a vehicle being driven or parked. (2) The following dogs are exempt from the leash requirements and need only be at heel or under reasonable control of a competent person and obedient to the person’s command. a. Working dogs, which are dogs that are not merely pets but that learn and perform tasks to assist their human companions, and include dogs trained to hunt, herd, assist law enforcement or search and rescue personnel, or assist persons with disabilities, while actively engaged in performing such functions. b. Dogs within a designated “off-leash” dog park or area, or within an area permitted by a governmental entity, including a municipality, and attended by the dog’s owner or custodian. (3) Allowing a dog to run at large is a violation of this section and carries the following penalties: a. For a first violation, a civil penalty of $50. b. For a subsequent violation within 12 months of a prior violation, a civil penalty of $200. The minimum civil penalty for a subsequent violation may not be suspended. (b), (c) [Repealed.] (d) Whoever, being the owner, custodian, possessor, or harborer of any dog that while running at large and without provocation, bites a human being or domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner, will be penalized as follows: (1) For a first violation, a civil penalty of $500. (2) For a subsequent violation, a civil penalty of $1,000. The minimum civil penalty for a subsequent violation may not be suspended. (e) [Repealed.]

Del. Code tit. 16, § 3049F Destruction of muskrat dens, poultry, or livestock.

No owner or custodian of any dog shall permit such dog to injure, destroy, or disturb any muskrat den, trap, lead, or house, or any poultry or livestock.

Del. Code tit. 16, § 3050F Dogs deemed personal property; theft; penalty.

(a) All dogs shall be deemed personal property and may be the subject of theft pursuant to Chapter 5 of Title 11. Any warrant of arrest or other process issued under or by virtue of the several laws in relation to the theft of such property may be directed to and executed by any police officer, constable, or animal welfare officer. (b) The presence of any dog, regardless of age, not confined on the premises of a person other than the lawful owner of such dog shall raise no presumption of theft against the owner or tenant of such premises. (c) No person may confine any dog which is not that person’s own lawful property without contacting the Department within 24 hours of confining such dog and providing the Department with a complete description of the dog, the exact location of the premises on which such dog is to be detained, and the name of the owner or tenant of such property.

Del. Code tit. 16, § 3051F Injuring or killing dogs for certain acts.

(a) Any police officer, animal welfare officer who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog. (b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry, or another human being at the time such dog is attacking such livestock, poultry, or human being. (c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large. (d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor.

Del. Code tit. 16, § 3052F Poisoning of dogs.

No person shall place any poison of any description in any place on the person’s premises, or elsewhere, where it may be easily found and eaten by dogs.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 3054F Impounding of dogs running at large.

Any dog found running at large contrary to any of the provisions of this chapter may be impounded and disposed of as provided for in subchapter I of this chapter and any additional rules and regulations the Department may adopt. No impounded dog may be disposed of through humane euthanasia without 5 days’ notification to the owner of the dog, if ownership can be determined, unless earlier disposal through humane euthanasia is recommended by a doctor of veterinary medicine.

Del. Code tit. 16, § 3055F Penalties; fines.

Unless otherwise specifically provided in this subchapter, whoever violates this subchapter shall be subject to the fines provided for in § 107(a) of this title and such fines are payable to the Department.

Del. Code tit. 16, § 3056F Unauthorized acts against a service dog; penalties.

(a) For the purposes of this section, “service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. (b) No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor. (c) No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor. (d) No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. This subsection, however, does not apply to a law-enforcement officer as defined by § 222 of Title 11 who is forced to take such action pursuant to the lawful performance of the officer’s duties. (e) No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony. (f) In any case where a person is convicted under subsection (b), (c), (d) or (e) of this section, that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide, or seeing-eye dog owner and the dog which arise out of or are related to the criminal offense.

Del. Code tit. 16, § 3057F Barking dogs.

(a) No person who owns, possesses, harbors, or controls a dog may allow the dog to cause a noise disturbance by barking, whining, or howling for an extended period. An extended period means continuously for a period of 15 minutes or, intermittently, for 30 minutes or more. (b) No violation under subsection (a) of this section exists if the dog is making a noise disturbance during the following events: (1) A person is trespassing or threatening to trespass upon private property where the dog is located, (2) An animal is intruding upon private property where the dog is located. (3) The dog is being teased or provoked. (c) No violation under subsection (a) of this section exists if, at the time the dog is making a noise disturbance, the dog is in any of the following locations: (1) Animal shelter. (2) Pet store. (3) Dog grooming facility (4) Veterinarian office. (5) Animal clinic. (d) No violation under subsection (a) of this section exists if, at the time the dog is making a noise disturbance, the dog is engaged in any of the following activities: (1) Dog training. (2) Dog exhibition. (3) Lawful performance competitions. (4) Hunting. (5) Herding. (6) Performing its duties as a service dog. (7) Livestock guarding. (8) Attending dog day care facilities. (9) Attending dog boarding facilities. (e) A person who violates subsection (a) of this section shall be subject to the following penalties: (1) For a first violation a written warning. (2) For a second violation, only if it occurs 7 days or more after the first violation, a civil penalty of $50. (3) For a third violation a civil penalty of $100. (4) For each subsequent violation a civil penalty of $150.

Del. Code tit. 16, § 3058F State dog law management.

(a) In order to enforce this subchapter, the Department or a municipality shall authorize the hiring of, or contract for, sufficient animal welfare officers to accomplish the purposes of this subchapter. (b) All animal welfare officers shall be uniformed and shall be adequately trained, certified, and equipped to enforce the dog control laws and ordinances of the State or any of its political subdivisions, including municipalities. (c) All police officers shall, as occasion requires, assist the animal welfare officers in the enforcement of the dog control laws and ordinances of the State or any of its political subdivisions.

Del. Code tit. 16, § 3059F Rules and regulations.

The Department may adopt, amend, modify, or repeal ordinances, rules, and regulations to effectuate the policy and purposes of this chapter.

Del. Code tit. 16, § 3071F Definitions.

For the purposes of this subchapter: (1) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. (2) “Attack” means the deliberate action of a dog, whether or not in response to a command by its owner, to bite, seize with its teeth, or pursue any human being or domestic animal with the obvious intent to kill, wound, injure, or otherwise harm the human being or domestic animal. (3) “Dangerous dog” means any dog that the Justice of the Peace Court has declared to be dangerous under § 3076F of this title or any potentially dangerous dog kept or maintained in violation of § 3077F(c) of this title. (4) “Dog” means any dog or dog hybrid. (5) “Domestic animal” means any dog, cat, poultry, or livestock. (6) “Nondangerous dog” means any dog that the Justice of the Peace Court has declared to be nondangerous under § 3080F of this title. (7) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog. (8) “Physical injury” means impairment of physical condition or substantial pain. (9) “Potentially dangerous dog” means any dog that the Justice of the Peace Court has declared to be potentially dangerous under § 3077F of this title. (10) “Proper enclosure” means securely confined indoors or a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the animal. If the pen or structure has no bottom secured to the sides, the sides must be embedded at least 2 feet into the ground. (11) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, serious or prolonged impairment of health, or serious or prolonged loss or impairment of the function of any bodily organ.

Del. Code tit. 16, § 3072F Dog Control Panel; establishment; organization [Repealed].

Del. Code tit. 16, § 3073F Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; hearing procedures.

(a) An animal welfare officer shall seize and impound a dog suspected of being dangerous or potentially dangerous when the officer has reasonable cause to believe that the dog has engaged in 1 or more of the acts listed under § 3076F(a) or § 3077F(a) of this title. (1)-(4) [Repealed.] (b) Any dog seized pursuant to this section shall be impounded until a final disposition as to whether the dog is dangerous or potentially dangerous. The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. If the owner cannot be identified within 5 days of the dog’s impoundment, unless earlier disposal is recommended by a doctor of veterinary services, the Department may dispose of the dog in accordance with this subchapter. (c) The owner of any seized and impounded dog has a right to a hearing to determine whether the dog is dangerous or potentially dangerous. (1) The Justice of the Peace Court is the Court of original and exclusive jurisdiction for hearings under this subsection. (2) Unless the dog owner agrees to the proposed conditions, the Department shall file a civil action with the Justice of the Peace Court within 15 business days after impoundment of the dog and identification of the dog’s owner and notice to the dog owner. (d) The Justice of the Peace Court shall hold a hearing under this subsection within 30 days of the Department filing of a civil action. (1) All Justice of the Peace Court Civil Rules apply to proceedings under this subchapter, except where otherwise stated. (2) The Justice of the Peace Court shall keep a record, sufficient for judicial review, of all evidence taken at hearings under this subchapter, according to the Court’s rules regarding the recording of proceedings. (3) A hearing shall be held within 30 days of the Department filing a civil action. The dog may be released to its owner and the charges made under subsection (a) of this section may be dismissed, unless a delay is requested by the owner and approved by the Department for good cause at the Court’s discretion. (e) If the dog owner fails to appear for the hearing, the Justice of the Peace Court shall enter a default judgment. A motion to vacate a default judgment may be filed within 10 days of the entry of the default judgment. If no motion is filed, the Department shall dispose of the dog in accordance with this chapter. (f) Nothing in this subchapter shall be construed to interfere with the provisions for protecting human health from rabies in Chapter 82 of Title 3.

Del. Code tit. 16, § 3074F Exceptions.

(a) Notwithstanding any provision of this chapter, no dog may be considered dangerous or potentially dangerous if a physical injury or serious physical injury was sustained by any of the following: (1) A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing, or assaulting the dog, its offspring, or its owner, or was committing or attempting to commit a crime. (2) A domestic animal which, at the time the injury was sustained, was teasing, tormenting, abusing, or assaulting the dog, its offspring, or its owner. (3) A domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, and the injury was to a species or type of domestic animal appropriate to the work of the dog. (b) Notwithstanding any provision of this chapter, no dog may be considered dangerous or potentially dangerous if the dog was protecting or defending its offspring or a human being within the immediate vicinity of the dog from an attack or assault. (c) Notwithstanding any provision of this chapter, no military, correctional, or police-owned dogs may be considered dangerous or potentially dangerous if the attack or injury to a human being or domestic animal occurs while the dog is performing duties as expected.

Del. Code tit. 16, § 3075F Hearing procedures; appeal [Repealed].

Del. Code tit. 16, § 3076F Finding to declare a dog dangerous; duties of dog owner [For application of this section, see 84 Del. Laws, c. 390, § 13].

(a) The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any of the following: (1) Killed or inflicted serious physical injury upon a human being. (2) Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner. (3) Inflicted physical injury upon a human being or a domestic animal after the dog has been declared potentially dangerous under § 3077F of this title. (b) If the Justice of the Peace Court declares a dog to be dangerous, or a dog’s owner voluntarily agrees to the designation of dangerous, it is unlawful for any person to keep or maintain such dog unless all of the following occur: (1) The dog is spayed or neutered. (2) The dog owner procures and maintains liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog. (3) The dog is confined by its owner within a proper enclosure or, when outside of the proper enclosure, the dog is all of the following: a. Securely muzzled. b. Restrained by a substantial leash that is not retractable and does not exceed 6 feet. c. Under the physical control of a responsible adult. (4) The dog owner displays, in a conspicuous manner, a sign on the dog owner’s premises warning that a dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less. (5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or a domestic animal, has been moved to another address, or dies. (6) The dog is licensed. (7) The dog is vaccinated for rabies. (8) The dog is microchipped, and the microchip is registered to the owner. (9) The dog owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case. (c) It shall be unlawful for the owner of a dangerous dog to sell, offer for sale, or give away said dog to any other person other than the Department. If a dangerous dog is given to the Department, the dog shall be disposed of by euthanasia in accordance with subchapter I of this chapter.

Del. Code tit. 16, § 3077F Finding to declare a dog potentially dangerous; duties of owner [For application of this section, see 84 Del. Laws, c. 390, § 13].

(a) The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has done any of the following: (1) Attacked or inflicted physical injury upon a human being. (2) Attacked or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner. (3) On more than 1 occasion, chased or pursued a human being, in an apparent attitude of attack, upon the streets, sidewalks, or any public or private property, other than on the dog owner’s property. (4) On more than 1 occasion, caused unprovoked physical injury to a domestic animal, if the domestic animal was on the property of its owner or under the immediate control of its owner. (5) On more than 1 occasion, behaved in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to 1 or more human beings, companion animals, farm animals, or domestic animals. (b) No dog may be declared potentially dangerous based solely on the dog’s breed or perceived breed. (c) If the Justice of the Peace Court declares a dog to be potentially dangerous, or a dog’s owner voluntarily agrees to the designation of potentially dangerous, it is unlawful for any person to keep or maintain the dog unless all of the following occur: (1) The dog is spayed or neutered. (2) While on the dog owner’s property, the dog is kept indoors or within a securely fenced yard or enclosure from which it cannot escape. (3) When off the owner’s premises, the dog is all of the following: a. Securely muzzled. b. Restrained by a substantial leash that is not retractable and does not exceed 6 feet. c. Under the physical control of a responsible adult. (4) The dog owner displays, in a conspicuous manner, a sign on the dog owner’s premises warning that a potentially dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less. (5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or domestic animal, has been moved to another address, or dies. (6) The dog is licensed. (7) The dog is vaccinated for rabies. (8) The dog is microchipped, and the microchip is registered to the owner. (9) The dog owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case. (d) (1) For a dog declared to be potentially dangerous under this section before August 29, 2024, if there are no additional instances of the behavior described in subsection (a) of this section within a 24 month period from the date the dog is declared potentially dangerous, the dog will no longer be deemed a potentially dangerous dog. (2) Paragraph (d)(1) of this section does not apply to a dog declared to be potentially dangerous on or after August 29, 2024.

Del. Code tit. 16, § 3078F Liability of owner for costs of impoundment.

If the Justice of the Peace Court declares a dog dangerous or potentially dangerous, the Court shall include in its judgment the costs associated with the care of the dog while in the Department’s custody. Prior to reclaiming the dog, the owner must reimburse the Department the amount indicated in the judgment or establish a payment plan approved by the Court. If the owner does not take either action within 10 days after judgement, ownership of the dog reverts to the Department and the Department may dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If a dog is determined to be nondangerous under § 3080F of this title, the owner shall not be liable for the costs of impoundment.

Del. Code tit. 16, § 3079F Violations by owners of dangerous or potentially dangerous dogs; penalties.

(a) Possessing a dangerous dog in violation of § 3076F(b) of this title or a potentially dangerous dog in violation of § 3077F(c) of this title is punishable as follows: (1) For a first violation, a civil penalty of $500. (2) For a subsequent violation, a civil penalty of $1,000. (b) After a dog has been declared dangerous under § 3076F(a) of this title, only a dog that, without provocation, kills, attacks, or inflicts physical injury or serious physical injury upon a human being or domestic animal must be seized and impounded by the Department and disposed of by euthanasia in accordance with subchapter I of this chapter. For purposes of this subsection, “provocation” means any of the exceptions to finding a dog dangerous or potentially dangerous contained in § 3074F(a) or (b) of this title. (c) After a dog has been declared potentially dangerous under § 3077F of this title, a dog that commits any of the acts listed under § 3077F(a) of this title must be seized and impounded by the Department and the Department may file a civil action for a hearing to determine whether the dog is dangerous or the dog owner may voluntarily accept the designation of dangerous. (d) Any civil penalty imposed for a violation of this subchapter may not be suspended to any amount less than the minimum prescribed civil penalty. The Justice of the Peace Court shall remit all civil penalties imposed for violation of this subchapter to the Department.

Del. Code tit. 16, § 3080F Finding to declare a dog nondangerous.

If the Department fails to demonstrate by clear and convincing evidence that a dog is dangerous pursuant to § 3076F of this title or potentially dangerous pursuant to § 3077F of this title, the Justice of the Peace Court shall declare the dog to be nondangerous. Despite a finding that the dog is nondangerous, the Justice of the Peace Court may impose any condition deemed reasonable, given the circumstances of the case.

Del. Code tit. 16, § 3081F Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal.

(a) If the Justice of the Peace Court determines that a dog is dangerous, the Court may direct the Department to dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If the Justice of the Peace Court determines the dog is dangerous but does not order euthanasia, or the dog owner voluntarily accepts the designation of dangerous, the dog owner must comply with all conditions that the Court orders under § 3076F(b) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met. (b) If the Justice of the Peace Court determines that a dog is potentially dangerous, or the dog owner voluntarily accepts the designation of potentially dangerous, the dog owner must comply with all conditions that the Court orders under § 3077F(c) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met. (c) If another incident occurs within the period of time allowed for compliance under subsection (a) or (b) of this section, the Department shall immediately seize the dog and dispose of it in accordance with subchapter I of this chapter. (d) If the Justice of the Peace Court determines a dog to be nondangerous, the dog shall be released to its owner, subject to any conditions imposed under § 3080F of this title. (e) The Department or the owner, if the Justice of the Peace orders the dog to be euthanized, may appeal the Justice of the Peace Court’s decision to the Court of Common Pleas within 15 days of the entry of the decision. The Court of Common Pleas shall review the appeal on the record. The filing of an appeal acts as a stay of the Justice of the Peace Court’s decision, pending final disposition of the appeal. The appellant shall pay the cost of transcribing the Justice of the Peace Court recording and all documents must be submitted to the Court of Common Pleas within 15 days of filing an appeal.

Del. Code tit. 16, § 3090F Purpose.

The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups.

Del. Code tit. 16, § 3091F Definitions [Effective until Jan. 1, 2027].

For purposes of this subchapter: (1) “Animal rescue organization” means any nonprofit organization whose purpose is rescuing animals that are unwanted, abandoned, abused, or stray and finding permanent, adoptive homes for the animals. (2) “Animal shelter” means as defined in § 3001F of this title. (3) “Private placement” means an arrangement between the research facility and an individual seeking to adopt the retired animal. (4) “Research facility” means a facility that does both of the following: a. Conducts experiments on dogs or cats for research, education, testing, or other scientific purposes. b. Receives public money, including a higher education research facility; or a facility that provides research in collaboration with a higher education facility; or has tax-exempt status. (5) “Retired animal” means a cat or dog that has been previously used for research, education, testing, or other scientific purposes and is no longer required by the facility and has no substantial medical conditions or safety risks preventing successful integration into an adoptive home.

Del. Code tit. 16, § 3092F Adoption of cats and dogs used in research, education, or testing.

(a) When a research facility that confines and uses dogs and cats for research, education, testing, or other scientific purposes no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall do 1 of the following: (1) Offer the cat or dog to an animal rescue organization or animal shelter for adoption. (2) Offer the cat or dog for adoption through a private placement. (b) A research facility must enter into an agreement with an animal rescue organization or animal shelter for the implementation of this section.

Del. Code tit. 16, § 3095F Definitions [For application of this section, see 85 Del. Laws, c. 152, § 2].

For purposes of this subchapter: (1) “Department” means any of the following: a. Department of Correction. b. Department of Safety and Homeland Security for the State Police and Capitol Police. c. Department of Natural Resources and Environmental Control. d. State Fire Prevention Commission for the Office of the State Fire Marshal. e. Any police department of a political subdivision of this State. (2) “Owner” means the person who, under written agreement with the Department that the retired law-enforcement canine or retired law-enforcement horse assisted, has taken possession of that canine or horse. (3) “Retired law-enforcement canine” means a canine previously trained for and used by a Department to assist with the performance of law-enforcement duties. (4) “Retired law-enforcement horse” means a horse previously trained for and used by a Department, as defined under paragraph (1)a., b., c., or d. of this section, to assist with the performance of law-enforcement duties. (5) “Veterinary care” means the medical care provided by a “veterinarian,” as defined in § 3302 of Title 24. “Veterinary care” includes the costs of prescription medication, surgery to remedy substantial risk to life or health, and cremation. “Veterinary care” does not include elective surgery.

Del. Code tit. 16, § 3096F Veterinary care for retired law-enforcement canines [For application of this section, see 84 Del. Laws, c. 164, § 2; 84 Del. Laws, c. 495, § 2; 85 Del. Laws, c. 152, § 2].

(a) [Repealed.] (b) (1) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of that retired law-enforcement canine. (2) The Department of Safety and Homeland Security, for a law-enforcement canine retired from a “Department,” as defined in § 3095F(1)e. of this title, shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of that retired law-enforcement canine. (c) (1) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall require that the owner provide documentation of the veterinary care expenses. (2) The Department of Safety and Homeland Security shall require that the owner provide documentation of the veterinary care expenses for the retired law-enforcement canine that assisted a “Department,” as defined in § 3095F(1)e. of this title. (d) The Department of Correction, the Department of Safety and Homeland Security, the Department of Natural Resources and Environmental Control, and the State Fire Prevention Commission shall each promulgate regulations to establish a reimbursement process under this section.

Del. Code tit. 16, § 3097F Veterinary care and farrier services for retired law-enforcement horses [For application of this section, see 85 Del. Laws, c. 152, § 2].

(a) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that a retired law-enforcement horse assisted shall reimburse an owner up to $5,000 annually for veterinary care expenses and farrier services paid by the owner for the care of that retired law-enforcement horse. (b) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement horse assisted shall require that the owner provide documentation of the veterinary care expenses and farrier services for the care of that retired law-enforcement horse. (c) If this section is applicable to a Department, then that Department shall promulgate regulations to establish a reimbursement process under this section.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c030f/sc01/index.htmlFetched: 10/4/2026