CHAPTER 17. DOGS.  DE ST TI 7 Pt. I, Ch. 17, SUBCHAPTER I. GENERAL PROVISIONS.

s 1701 Definitions.

s 1702 Fees for dog and kennel licenses; terms.

s 1703 Inspections of facilities and premises; suspension of kennel or retail dog dealer license.

s 1704 Specifications for the humane handling, care and treatment of dogs.

s 1705 Dogs running at large.

s 1706 Destruction of muskrat dens, poultry or livestock.

s 1707 Training of dogs; unlawful to carry gun; penalty.

s 1708 Dogs deemed personal property; theft; penalty.

s 1709 Injuring or killing dogs for certain acts.

s 1710 Poisoning of dogs.

s 1711 Liability of dog owner for damages.

s 1712 Impounding of dog running at large.

s 1713 Field trials; permit.

s 1714 Penalties.

s 1715 Dogs on state coastal beaches.

s 1716 (Reserved.)

s 1717 Unauthorized acts against a service, guide or seeing eye dog; penalties.

s 1718 Licensing Agents; bond requirement; service charge; regulations.

SUBCHAPTER II. TRAINING AREAS

s 1721 License for special dog training area; requirements.

s 1722 Stocking area; training therein; hunting and trapping.

s 1723 Marking of boundary lines; posting of notice; penalty.

s 1724 Injuring or destroying fence, wire or poster; penalty.

s 1725 Department of Dog Law Management.

SUBCHAPTER III. DANGEROUS AND POTENTIALLY DANGEROUS DOGS (1730 - 1739) - click here 

Title 7. Conservation. Part I. Game, Wildlife and Dogs. Chapter 7. Regulations and Prohibitions Concerning Game and Fish. Subchapter II. Wild Birds Other Than Game Birds; Migratory Wild Fowl.

§ 736. State game refuges; wildlife refuges.

 

 

 

TITLE 7.  Conservation.  PART I.  Game, Wildlife and Dogs.  CHAPTER 17. DOGS.  Subchapter I. General Provisions.

§ 1701. Definitions.

   The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise:

        (1) "Animal shelter" shall mean a facility which is used to house or contain animals and which is owned, operated or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection and humane treatment of such animals.

        (2) "Primary enclosure" shall mean any structure used or designed for use to restrict a dog to a limited amount of space, including, but not limited to, a room, pen, cage, compartment or hutch.

        (3) "Retail dog outlet" shall mean any premises where dogs are sold, or offered or maintained for sale, on a retail basis. The term shall not include:

             a. Dogs which are produced and raised on such premises and are sold, offered or maintained for sale, by a person who resides on such premises;

             b. The selling of a single litter of puppies or any part thereof during a calendar year; or

             c. Any animal shelter. (71 Del. Laws, c. 431, § 2.)

71 Laws 1998, ch. 431, § 2, eff. July 13, 1998.

§ 1702. Fees for dog and kennel licenses; terms.

   (a) Dog licenses -- Except for persons residing within the corporate limits of the City of Wilmington, the owner of any dog, 6 months of age or older, on or before March 1, shall apply to the Department or its duly authorized agents on a form prescribed by the Department for a 1, 2 or 3 year license for such dog. All dog licenses shall be valid through December 31. Except as provided in subsection (j) of this section, the application shall be accompanied by the appropriate license fee as follows:

        (1) For each neutered male dog and for each spayed female dog for which proof of sterilization can be provided, the license fee shall be $3 per annum; and

        (2) For any other male or female dog, the license fee shall be $6 per annum.

   (b) Retail dog dealer licenses -- Any person who owns or operates a retail dog outlet shall, on or before March 1, apply to the Department or its duly authorized agents on a form prescribed by the Department for a retail dog dealer license. Retail dog dealer licenses shall be valid through December 31, and shall not be valid for more than 1 calendar year. The application shall be accompanied by the appropriate license fee according to the fee schedule prescribed in subsection (a) of this section for kennels.

   (c) Kennel licenses -- Notwithstanding subsection (a) of this section, any person who maintains a kennel wherein dogs are kept for show, trial, sale, breeding or other purposes may apply to the Department or its duly authorized agents on a form prescribed by the Department for a kennel license in lieu of a license for each dog. Kennel licenses shall be valid through December 31, and shall not be valid for more than 1 calendar year. The application shall be accompanied by the appropriate license fee as follows:

        (1) To keep or operate a kennel having the capacity to accommodate no more than 12 dogs at any time during the calendar year: $21;

        (2) To keep or operate a kennel having the capacity to accommodate no more than 25 dogs at any time during the calendar year: $31;

        (3) To keep or operate a kennel having the capacity to accommodate no more than 50 dogs at any time during the calendar year: $51; or

        (4) To keep or operate a kennel having the capacity to accommodate 51 or more dogs at any time during the calendar year: $101.

   (d) After March 1, any person without a kennel license who becomes the owner of a dog 6 months of age or older shall forthwith apply for and secure a license for such dog in accordance with this section.

   (e) Upon application and payment of the fee for a dog or kennel license, the applicant shall be entitled to receive a license, provided proof of a currently valid rabies vaccination can be presented for each dog for which the license is sought. Each dog and kennel license shall show the date on which the license fee is paid. The Department or its duly authorized agents shall issue with each license a metal tag for each dog covered showing the year(s) for which the license fee is paid and the serial number of the license. The tag shall be of a design to be adopted by the Department, and shall be affixed to a substantial collar by the owner of such dog and shall be worn by such dog at all times. If any such tag should be lost, a new tag shall forthwith be secured from the Department for a fee of $1.

   (f) Whoever fails to secure a valid dog, retail dog dealer or kennel license for the calendar year on or before March 1, or when otherwise required by this section shall be fined not less than $50 nor more than $100. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 nor more than $200. The minimum fine for a subsequent offense shall not be subject to suspension. Failure to pay the license tax is a violation.

   (g) All moneys received from the issuance of licenses for dogs, kennels and retail dog dealers shall be deposited at least monthly by the Department and with the State Treasurer, to be retained by the State Treasurer until expended upon proper vouchers of the Department only for the purpose of dog law management.

   (h) All moneys received from fines assessed upon violations of this chapter shall be deposited at least monthly by the Department with the State Treasurer, to be retained by the State Treasurer until expended upon proper vouchers of the Department only for the purpose of dog law management.

   (i) The Department may revoke any dog or kennel license issued by it and deny any person the right to secure any such licenses for a period within its discretion, if the licensee or person has been convicted in any court of cruelty to dogs.

   (j) The license fee required by 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 a metal license tag in accordance with subsection (e) of this section to such persons without the necessity of the payment of the fee as specified in subsection (a) of this section.

30 Laws 1919, ch. 176, § 4; 34 Laws 1925, ch. 185, § 1; 35 Laws 1927, ch. 165, § 3; 36 Laws 1929, ch. 230, § 1; 49 Laws 1953, ch. 26; 50 Laws 1955, ch. 100, § 1; 50 Laws 1956, ch. 623, § 1; 57 Laws 1969, ch. 193; 57 Laws 1970, ch. 334; 57 Laws 1970, ch. 472; 57 Laws 1970, ch. 739, §§ 75, 76; 59 Laws 1974, ch. 298, § 1; 59 Laws 1974, ch. 304, § 1; 60 Laws 1975, ch. 85, § 1; 60 Laws 1976, ch. 397, § 1; 64 Laws 1984, ch. 389, §§ 1-3; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 135, § 1; 71 Laws 1998, ch. 426, §§ 1 to 4, eff. Jan. 1, 1999. Redesignated and amended from 7 § 1701 by 71 Laws 1998, ch. 431, §§ 1, 3 to 7, eff. July 13, 1998; 71 Laws 1998, ch. 431, §§ 3, 4, eff. Jan. 1, 1999.

§ 1703. Inspections of facilities and premises; suspension of kennel or retail dog dealer license.

   (a) Dog wardens are hereby authorized to inspect the facilities for which a kennel or retail dog dealer license is sought or obtained during normal business hours or by appointment for the purpose of ascertaining whether the facilities satisfy the requirements for the humane handling, care and treatment of dogs specified in § 1704 of this title. It shall be unlawful for any person to refuse admittance to a dog warden for the purpose of making inspections.

   (b) Any dog warden having probable cause to believe a violation of § 1704 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 the violation, provided the investigation can be conducted without having to enter a dwelling house or other structure used in connection therewith. A dog warden may enter into a dwelling house or other structure only with the permission of the owner or occupant thereof or with a duly issued search warrant.

   (c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements for the humane handling, care and treatment of dogs specified in § 1704 of this title, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have at least 10 days to bring the premises or facility into compliance with § 1704 of this title; provided, that this time period may be extended by the Department, at its direction, for up to 60 days depending upon the nature of the violation and the action necessary for compliance. If, upon expiration of the warning period, such premises or facilities have not been brought into compliance, the operator shall be fined in accordance with the terms specified in § 1714 of this title. Subject to the State Administrative Procedures Act, the Secretary may also issue an order suspending the kennel or retail dog dealer license, if any, until the cited deficiencies are remedied. The licensee shall be entitled to judicial review of such order as set forth in the State Administrative Procedures Act.

   (d) Whenever the Secretary suspends a license in accordance with this section, a dog warden 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.

57 Laws 1970, ch. 334; 71 Laws 1997, ch. 135, § 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998 ch. 431, § 1, 8, eff. July 13, 1998.

§ 1704. Specifications for the humane handling, care and treatment of dogs.

   (a) General facilities.

        (1) Structural strength -- Housing facilities for dogs shall be designed and constructed so that they are structurally sound. They shall have no sharp points or edges that could injure the dogs, and they shall contain the dogs securely and restrict other animals from entering.

        (2) Storage -- Supplies of food and bedding shall be stored in a manner that protects the supplies from spoilage, contamination and vermin infestation. Foods requiring refrigeration shall be stored accordingly.

        (3) Drainage and waste disposal -- Provision shall be made for the regular collection, removal and disposal of animal and food wastes, bedding, debris and dead animals in a manner that minimizes contamination and disease risks. If housing facilities are equipped with disposal facilities and drainage systems, they shall be constructed and operated so that animal wastes and water are rapidly eliminated and the dogs stay dry. All drains shall be properly constructed, installed and maintained. If closed drainage systems are used, they shall be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor.

   (b) Indoor housing facilities.

        (1) Heating, cooling and temperature -- Indoor housing facilities for dogs shall be sufficiently heated and cooled when necessary to protect the dogs from temperature extremes and to provide for their health and well-being. When dogs are present, the ambient temperature in the facility shall not be allowed to fall below 50/dF (10/dC) for dogs not acclimated to lower temperatures and for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds). Dry bedding or other methods of conserving body heat shall be provided when temperatures are below 50/dF (10/dC). The ambient temperature shall not fall below 45/dF (7.2/dC) for more than 4 consecutive hours when dogs are present, and shall not rise above 85/dF (29.5/dC) for more than 4 consecutive hours when dogs are present.

        (2) Ventilation -- Indoor housing facilities for dogs shall be sufficiently ventilated when dogs are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. Ventilation shall be provided by windows, vents, fans or air conditioning.

        (3) Lighting -- Indoor housing facilities for dogs shall have ample lighting by natural or artificial means. Lighting in indoor housing facilities shall be sufficient to allow observation of the physical condition of the dogs so housed, and to permit routine inspection and cleaning of the facility. Dogs housed in these facilities shall be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures shall be placed so as to protect the dogs from excessive light.

        (4) Interior surfaces -- The floors and walls of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

   (c) Outdoor housing facilities.

        (1) Restrictions -- Dogs that are not acclimated to the outdoor temperatures prevalent in the area or region where they are maintained and breeds of dogs that cannot tolerate the prevalent outdoor temperatures without stress or discomfort (such as short-haired breeds in cold climates) may not be kept in outdoor facilities unless the practice is specifically approved by a licensed veterinarian.

        (2) Shelter from the elements -- Dogs shall be provided with proper shelter to protect them against inclement weather, preserve their body heat, and allow them to remain dry during rain or snow. Sufficient clean bedding material or other means of protection from the weather shall be provided when the ambient temperature falls below the temperature to which the dog is acclimated. Additional bedding material or other means of protection shall be provided when the temperature is 35/dF (1.7/dC) or lower.

        (3) Shelter from sunlight -- In addition to the shelter structure, 1 or more separate outside areas of shade shall be provided to allow the dogs to protect themselves when sunlight is likely to cause overheating or discomfort.

        (4) Construction -- Housing facilities for dogs shall be constructed to provide for the health and comfort of the animals. The floors and walls of outdoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. Mobile or traveling housing facilities, metal barrels, cars, refrigerators or freezers, and the like shall not constitute proper shelter.

   (d) Primary enclosures.

        (1) Space requirements -- Primary enclosures shall be constructed and maintained to provide sufficient space to allow each dog to turn about freely and to stand erect, sit and lie down in a comfortable, normal position. Each dog housed in a primary enclosure shall be provided with a minimum amount of floor space, which shall be calculated according to the procedure prescribed in Title 9, Code of Federal Regulations, § 3.6(c)(1).

        (2) Space requirements when nursing puppies -- Each bitch with nursing puppies shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing puppy is less than 5% of the minimum requirement for the bitch, the housing shall be approved by a licensed veterinarian.

        (3) Height -- The interior height of a primary enclosure shall be at least 6 inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

        (4) Use of tethers -- If dog houses with tethers are used as primary enclosures for dogs kept outdoors, the tethers shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs in the housing facility, and so the dog can roam to the full range of the tether. The tether shall be of a type commonly used for the size dog involved, made of material not normally susceptible to being severed by the dog through chewing or otherwise, and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be 6 feet or at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and allow the dog convenient access to the dog house and to food and water containers.

        (5) Wire flooring -- A dog may be sheltered in a primary enclosure having wire flooring if the wire flooring is kept in good repair and does not result in injuries to the dog. The flooring shall be constructed so as not to allow passage of the animal's feet through any openings in the floor of the enclosure. Such flooring shall not sag or bend significantly between structural supports. For primary enclosures built after October 1, 1998, or any floors installed after that date, if the flooring is constructed of metal strands, such strands shall either be greater than 1/8 of an inch in diameter (9 gauge wire) or shall be coated with a material such as plastic or fiberglass.

        (6) Exceptions -- Paragraphs (1) through (5) of this subsection shall not apply to licensed retail dog dealers if all of the following conditions are met:

             a. The primary enclosure is constructed and maintained to provide sufficient space to allow the dog to turn about freely and to stand erect, sit and lie down in a comfortable, normal position;

             b. The dog is being offered for sale on a retail basis, or has been sold and is awaiting physical transfer to its new owner; and

             c. The dog is maintained in a primary enclosure that keeps the dog on display to patrons of the retail dog outlet during its normal business hours.

   (e) Animal health and husbandry standards.

        (1) Compatible grouping. -- Dogs that are housed in the same primary enclosure shall be compatible with the following restrictions:

             a. Females in heat may not be housed in the same primary enclosure with males, except for breeding purposes.

             b. Any dog exhibiting a vicious or overly aggressive disposition shall be housed separately.

             c. Puppies 4 months of age or less may not be housed in the same primary enclosure with adult dogs other than their dams or foster dams.

             d. Dogs may not be housed in the same primary enclosure with any other animal species, unless they are compatible.

             e. Dogs under quarantine or treatment for a communicable disease shall be separated from other dogs and other susceptible animal species in such a manner as to minimize the dissemination of such disease.

        (2) Feeding -- Dogs shall be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to maintain the normal condition and weight of the dog. The diet shall be appropriate for the individual dog's age and condition.

        (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. (7 Del. C. 1953, § 1701B; 57 Del. Laws, c. 335; 71 Del. Laws, c. 431, §§ 1, 9.)

57 Laws 1970, ch. 335; Redesignated and amended from 7 § 1703 by 71 Laws 1998 ch. 431 §§ 1, 9, eff. July 13, 1998.

§ 1705. Dogs running at large.

   (a) No dog shall be permitted to run at large at any time, unless the dog is accompanied by the owner or custodian and under the owner's or custodian's reasonable control, except that a person who is an occupant of a farm or property containing 20 acres or more on which there are no more than 3 resident dwelling units may permit a dog to run at large between the 1st day of October and the last day of February, next following, provided the dog is licensed in accordance with § 1702 of this title. Any owner or custodian who violates this subsection shall be fined not less than $25 nor more than $50. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $50 nor more than $100. The minimum fine for a subsequent offense shall not be subject to suspension. For the purposes of this section, the term "dog" shall mean any dog or dog hybrid. Allowing a dog to run at large is a violation.

   (b) The owner or custodian of every dog shall, at all times between the hours of sunset and sunrise of each day, keep such dog either:

        (1) Confined within an enclosure from which it cannot escape; or

        (2) Firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured; or

        (3) Under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.

   (c) Whoever, being the owner, custodian, possessor or harborer of any female dog, allows such dog to run or remain at large in this State while in heat shall be fined not less than $50 nor more than $100. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 nor more than $200. The minimum fine for a subsequent offense shall not be subject to suspension. Allowing a female dog to run at large while in heat is a violation.

   (d) Whoever, being the owner, custodian, possessor or harborer of any dog that while running at large and without provocation, bites a person, shall be fined not less than $100 nor more than $500. For each subsequent offense involving the same dog, such owner, custodian, possessor or harborer shall be fined not less than $750 nor more than $1,500. The minimum fines provided for in this subsection, $100 for the first offense and $750 for each subsequent offense, shall not be subject to suspension. For purposes of this subsection, a dog shall not be deemed as running at large if such dog is on land owned or leased by such dog's owner, custodian, possessor or harborer.

   (e) Upon conviction in any court of an offense under subsection (d) of this section, the court shall cause a report to be forwarded to the Department of Natural Resources and Environmental Control. Said report shall contain the name of the defendant, the name of the dog, the license number of the dog, the date of the offense and the date of conviction. The Department of Natural Resources and Environmental Control shall maintain these reports for a period of 3 years.

25 Laws 1909, ch. 245, §§ 1, 2; 30 Laws 1919, ch. 176, § 4; 34 Laws 1925, ch. 185, § 1; 55 Laws 1965, ch. 29; 57 Laws 1969, ch. 98; 60 Laws 1976, ch. 395, §§ 1, 2; 65 Laws 1985, ch. 149, §§ 1-3; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 278, § 1, eff. July 25, 1995; 71 Laws 1997, ch. 135, §§ 3, 4. Redesignated and amended from 7 § 1704 by 71 Laws 1998, ch. 431, § 1, eff. July 13, 1998.

§ 1706. 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.

30 Laws 1919, ch. 176, § 4; 34 Laws 1925, ch. 185, § 1; Redesignated and amended from 7 § 1705 by 71 Laws 1998, ch. 431, § 1, eff. July 13, 1998.

§ 1707. Training of dogs; unlawful to carry gun; penalty.

   (a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs, the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of this State, during the closed season while so training, the owner or custodian shall be fined not less than $2 nor more than $5 for each offense.

   (b) No person shall carry a gun while training a dog in closed game season.

   (c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt such game with a shotgun; but such game must be hand-liberated during dog training.

34 Laws 1925, ch. 185, § 1; 35 Laws 1927, ch. 166, § 1; 37 Laws 1931, ch. 225, § 1; 45 Laws 1945, ch. 208, § 1; 56 Laws 1968, ch. 257; 57 Laws 1970, ch. 739, § 77; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1998, ch. 431, § 1, eff. July 13, 1998.

§ 1708. 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 sheriff, police officer, constable or dog warden.

   (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 shall confine any dog not his or her lawful property without contacting the Department, a dog warden or other officer within 48 hours of confining such dog and providing the Department, dog warden or other officer 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.

34 Laws 1925, ch. 185, § 1; 41 Laws 1937, ch. 179, § 1; 57 Laws 1970, ch. 739, § 78; 70 Laws 1995, ch. 105, § 9, eff. June 26, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 135, §§ 5, 16. Redesignated and amended from 7 § 1707 by 71 Laws 1998, ch. 431 , § 1, eff. July 13, 1998.

§ 1709. Injuring or killing dogs for certain acts.

   (a) Any police officer, constable or dog warden 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.

34 Laws 1925, ch. 185, § 1; 70 Laws 1995, ch. 105, § 10, eff. June 26, 1995; 71 Laws 1997, ch. 135, §§ 6 to 8, 16. Redesignated and amended from 7 § 1708 by 71 Laws 1998 ch. 431, §§ 1, 10, eff. July 13, 1998.

§ 1710. Poisoning of dogs.

   No person, except a police officer or dog warden, 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.

34 Laws 1925, ch. 185, § 1; 70 Laws 1995, ch. 105, § 12, eff. June 26, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 71 Laws 1997, ch. 135, § 16.

§ 1711. 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.

34 Laws 1925, ch. 185, § 1; 36 Laws 1929, ch. 231, § 1; 57 Laws 1970, ch. 739, § 79; 71 Laws 1998, ch. 431, § 11, eff. July 13, 1998.

§ 1712. Impounding of dog running at large.

   Any dog found running at large contrary to any of the provisions of this chapter may be impounded and disposed of under such rules and regulations as the Department adopts. Any impounded dog shall not be disposed of without 5 days' written notification to the owner of the dog, if ownership can be determined, unless earlier disposal is recommended by a doctor of veterinary medicine.

34 Laws 1925, ch. 185, § 1; 57 Laws 1970, ch. 485; 57 Laws 1970, ch. 739, § 80.

§ 1713. Field trials; permit.

   Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.

34 Laws 1925, ch. 185, § 1; 57 Laws 1970, ch. 739, § 81.

§ 1714. Penalties.

   (a) Whoever violates this subchapter, unless otherwise specifically provided, shall be fined not less than $50 nor more than $100 for each offense. For each subsequent offense, the person shall be fined not less than $100 nor more than $250.

   (b) Whoever violates this subchapter and fails to comply with the payment provisions in § 1311 of this title, after having elected the option of accepting a voluntary assessment, shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall be fined not less than $50 nor more than $100.

34 Laws 1925, ch. 185, § 1; 71 Laws 1997, ch. 135, § 10.

§ 1715. Dogs on state coastal beaches.

§ 1716. Reserved.

§ 1717. Unauthorized acts against a service, guide or seeing eye dog; penalties.

(a) No person shall intentionally interfere with the use of a service, guide or seeing eye 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.
(b) No person shall intentionally injure or disable a service, guide or seeing eye dog being used by its owner. Whoever violates this subsection shall be guilty of a class A misdemeanor.
(c) No person shall intentionally kill a service, guide or seeing eye 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 that is forced to take such action pursuant to the lawful performance of the officer's duties.
(d) No person shall intentionally steal, take or wrongfully obtain a service, guide or seeing eye dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.
(e) In any case where a person is convicted under subsection (a), (b), (c) or (d), 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.

§ 1718. Licensing Agents; bond requirement; service charge; regulations.

   (a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient distribution of dog licenses.

   (b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses.

   (c) Licensing Agents may add a service charge to the required fee for a license, provided the service charge does not exceed $1. Said service charge, if imposed, shall be posted by the Licensing Agent and shall be clearly visible to prospective purchasers.

   (d) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section. (71 Del. Laws, c. 443, § 4.)

71 Laws 1998, ch. 443, § 4.

TITLE 7.  Conservation.  PART I.  Game, Wildlife and Dogs.  CHAPTER 17. DOGS.  Subchapter II. Training Areas.

§ 1721. License for special dog training area; requirements.

   Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year. No such dog training area shall be less than 100 acres, nor more than 250 acres.

48 Laws 1951, ch. 131, § 1; 55 Laws 1966, ch. 329; 57 Laws 1970, ch. 739, § 82; 71 Laws 1997, ch. 135, § 13.

§ 1722. Stocking area; training therein; hunting and trapping.

   The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked. The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time, hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap vermin and predators for the purpose of exterminating vermin and predators on such area.

48 Laws 1951, ch. 131, § 1; 57 Laws 1970, ch. 739, § 83.

§ 1723. Marking of boundary lines; posting of notice; penalty.

   (a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1st of each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall bear the following warning:

SPECIAL DOG TRAINING AREA

HUNTING UNLAWFUL

THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE TRAINING OF DOGS.

ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE DOLLARS ($25.00) FOR EACH OFFENSE.

.....................................................................

(Name and address of licensee to be printed here)

   (b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25 for each offense, together with the costs of prosecution. (Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1723; 71 Del. Laws, c. 135, § 14.)

48 Laws 1951, ch. 131, § 1; 71 Laws 1997, ch. 135, § 14.

§ 1724. Injuring or destroying fence, wire or poster; penalty.

   No person shall willfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.

   Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.

48 Laws 1951, ch. 131, § 1; 71 Laws 1997, ch. 135, § 15.

§ 1725. Department of Dog Law Management.

   (a) In order to enforce this chapter the Department shall establish a Department of Dog Law Management. The Department shall authorize the hiring of sufficient dog wardens to accomplish the purposes of this chapter.

   (b) All dog wardens shall be hired on a full-time basis. No dog warden may hold any other job or any other public office, appointive or elective. All dog wardens shall be uniformed and shall be adequately equipped to enforce the dog control laws of the State.

   (c) For the purposes of this chapter, the term "dog warden" shall mean a person employed by the Department or an animal control agency to enforce the dog control laws of this State. Fish and Wildlife Agents and all other peace officers shall be ex officio dog wardens.

50 Laws 1955, ch. 145, § 1; 57 Laws 1970, ch. 739, § 84; 71 Laws 1997, ch. 135, §§ 17 to 19.

Title 7. Conservation. Part I. Game, Wildlife and Dogs. Chapter 7. Regulations and Prohibitions Concerning Game and Fish. Subchapter II. Wild Birds Other Than Game Birds; Migratory Wild Fowl.

§ 736. State game refuges; wildlife refuges.

(a) All state lands, except as otherwise provided, and state, county and municipal parks in Delaware shall be state game refuges and no person shall hunt upon said lands and parks or kill or injure any game therein at any time of the year.

(b) Any person may shoot and kill during the open season for same, wild duck, wild geese, brant and snipe on all state lands bordering on the Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay.

(c) Notwithstanding this section, all wildlife refuges created under this title shall be under the jurisdiction of the Department and subject to all the rules and regulations thereof including rules and regulations covering the right to hunt and fish therein.

30 Laws 1919, ch. 176, § 5; 36 Laws 1929, ch. 233, § 1; 40 Laws 1935, ch. 191, § 31; 57 Laws 1970, ch. 739, § 60; Redesignated and amended from 7 § 743 by 70 Laws 1995, ch. 275, § 77, eff. Sept. 1, 1996.

Codifications: Rev. Stat. Del. 1915, § 2417A; Rev. Code Del. 1935, § 2892; 7 Del.C. 1953, § 743