Bill Text: DE SB217 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Titles 3, 9, 10, And 16 Of The Delaware Code And Chapters 375, Volume 79 Of The Laws Of Delaware Relating To Stray Livestock, Dogs, Dangerous Dogs And Animal Control.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2016-05-25 - Signed by Governor [SB217 Detail]
Download: Delaware-2015-SB217-Engrossed.html
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SPONSOR: |
Sen. Blevins & Rep. Jaques & Sen. Peterson |
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Sens. Bushweller, Ennis, Henry; Reps. Bentz, Bolden, Heffernan, Mulrooney, Osienski, M. Smith, Wilson, Baumbach |
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SENATE BILL NO. 217 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLES 3, 9, 10, AND 16 OF THE DELAWARE CODE AND CHAPTERS 375, VOLUME 79 OF THE LAWS OF DELAWARE RELATING TO STRAY LIVESTOCK, DOGS, DANGEROUS DOGS AND ANIMAL CONTROL.
WHEREAS, the 148th General Assembly directed the State Office of Animal Welfare, under the Department of Health and Social Services, to consolidate animal control enforcement activities at the state level; and
WHEREAS, the Office of Animal Welfare created Delaware Animal Services, an animal control enforcement unit, for the purposes of enforcing all animal control and rabies control laws; and
WHEREAS, the Office of Animal Welfare is currently enforcing all dog control and dangerous dog laws, and the Department of Agriculture has jurisdiction concerning stray livestock.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 77, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7704 Sale of Strays.
(b) At the time fixed in the
advertisement, the person having the livestock in charge shall proceed to sell
the livestock, but may postpone the sale for good and sufficient cause. The
proceeds of the sale, after deducting all legal charges, shall be deposited
with the clerk of the peace of the county in which the proceedings took place.
The clerk shall hold the proceeds for 6 months, unless sooner claimed by some
person proving himself or herself to be the real owner of the livestock. If not
so claimed, the proceeds shall be turned over to the S.P.C.A. of the county
in which the proceedings took place. Department
of Agriculture.
§7707. Enforcement; disposition of fines.
The Delaware State Police, local police officers of the community in
which the offense took place place, and agents of the Delaware
S.P.C.A. Department of Agriculture shall enforce this chapter prohibiting
livestock running at large. All fines imposed for violations of the stray
livestock laws shall be paid to the State Treasurer for deposit into the
State General Fund. Department of Agriculture. The Department of Health
and Social Services' animal welfare officers shall assist the Department of
Agriculture, at the request of the Department of Agriculture.
Section 2. Amend §8202, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8202. Definitions.
(b) The term "animal control officer" "animal
welfare officer" shall mean a person employed by the state, county, city
or an animal control agency Department of Health and Social Services or
Department of Agriculture or a municipality as an enforcement officer.
Section 3. Amend §8204, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§8204. Rabies vaccination required for dogs and cats; antirabies clinics.
(a) Vaccination of dogs. —
(2) Upon request by an animal control
welfare officer, the Department of Agriculture Agriculture,
or the Division of Public Health, all owners of kennels, excluding licensed
boarding kennels, shall present immediately a valid rabies vaccination
certificate, signed by the a veterinarian, for each dog 6 months
of age or older owned by the kennel. Kennel owners will be specifically
responsible for keeping all vaccination certificates for all dogs owned or kept
at their premise until at least 12 months after the effective expiration date
of the vaccination. If a dog is sold or traded, then the valid vaccination
certificate shall be given to the new owner of the dog. If no valid certificate
is given to the new owner, the new owner shall have the dog vaccinated and be
issued a valid vaccination certificate.
(b) Vaccination
of cats. — Any person owning a cat 6 months of age or older in this
State shall have the cat vaccinated against rabies by a veterinarian. The owner
of the cat will be responsible for keeping a valid rabies vaccination
certificate in his possession for inspection by an animal control welfare
officer, the Department of Natural Resources and Environmental Control, the
Department of Agriculture Agriculture, or the Division of Public
Health.
(c) Vaccination
of ferrets. — Any person owning a ferret 6 months of age or older in
this State shall have the ferret vaccinated against rabies by a veterinarian.
The owner of the ferret is responsible for keeping a valid rabies vaccination
certificate in that owner's possession for inspection by an animal control
welfare officer, the Department of Natural Resources and Environmental
Control, the Department of Agriculture, or the Division of Public Health.
Section 4. Amend Section 1, Chapter 375, Volume 79 of the Laws of Delaware by striking said Section in its entirety.
Section 5. Amend Title 9 and Title 16 of the Delaware Code by transferring Subchapter I, Chapter 9 of Title 9 to Title 16, redesignating present §§901 through 919 of Title 9 as §§3041F through 3059F of Chapter 30F of Title 16 and then by making deletions as shown by strike through and insertions as shown by underline as follows:
SUBCHAPTER IV. GENERAL PROVISIONS CONCERNING DOGS.
§3041F. Definitions.
The following words and phrases shall have the meaning ascribed to
them in this chapter unless the context clearly indicates otherwise: As
used in this subchapter:
(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. 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) "County"
shall mean New Castle, Kent and Sussex Counties as these territorial political
subdivisions within the State are delineated respectively in Chapter 1 of this
title.
(3) "Dog control agent" shall mean "Animal
welfare officer" means an individual employed by a county, the
Department or employed by an independent contractor of a county, the
Department or by a municipality for the purpose of enforcing dog control
laws, rules, regulations regulations, and ordinances.
(4) "Department" means the Department of Health and Social Services.
(5) "Dog" means any dog or dog hybrid.
(6) "Owner" means any person who owns, keeps, harbors, or is the custodian of a dog.
(7) "Primary enclosure" shall mean means
any structure used or designed for use to restrict a dog to a limited amount of
space, including, but not limited to, including a room, pen,
cage, compartment compartment, or hutch.
(8) "Retail dog outlet" shall mean means
any premises where dogs are sold, or offered or maintained for sale, on a
retail basis. The term shall not include: "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; premises.
b. The selling of a single litter of puppies or any part thereof
during a calendar year; or year.
c. Any publicly operated or private, charitable charitable,
or nonprofit animal shelter, pound, humane society, or animal rescue
organization.
§3042F. Fees for dog and kennel licenses; terms.
(a) Dog licenses. — Each county The
Department shall issue dog licenses and may, under §3045F of this
title, authorize agents to issue dog licenses. Every dog owner shall
obtain said dog license in the county in which the dog owner resides or where
the retail dog outlet is located. Any dog license purchased from the Department
of Natural Resources and Environmental Control shall remain valid through the
expiration date noted, at which time a license must be purchased from the county. The
counties, in their discretion, shall set the license fees and provide
applications for the following 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. — Except
for persons residing within the corporate limits of the City of Wilmington, the
The owner of any dog, dog 6 months of age or older, on
or before March 1, older shall apply to the county Department
or its duly authorized agents on a form prescribed by the county Department
for an individual dog owner license for such dog. All individual dog owner
licenses shall be valid through December 31, and the valid period of the
license is to be determined by the county but may not exceed 3 years. The
counties may, in their discretion, charge up to $10, on an annual basis, for an
individual dog owner license for a spayed or neutered dog and up to $15, on an
annual basis, for an individual dog owner license for an unspayed or unneutered
dog. 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 county Department
for a retail dog outlet license on or before March 1 an annual basis.
A retail dog outlet license shall be valid through December 31 but may not
exceed 1 year 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
breeding, or other purposes may apply to the county in which the
kennel owner resides Department, or its duly authorized
agents authorized under §3045F of this title, on a form prescribed by
the county Department for a kennel license in lieu of an
individual dog owner license for each dog. Kennel licenses shall be valid through
December 31, and shall not be valid for more than 1 calendar year for 1
year from the date of purchase.
(4) Lost or stolen dog licenses or tags Replacement
dog licenses or tags. — Each county The Department
shall adopt a policy to issue a replacement individual dog owner license,
retail dog outlet license license, or kennel license, or the tags
accompanying such license, and shall set the fees for such replacement licenses
or tags.
(5) The license fee limitations of $10 for a spayed or
neutered dog and $15 for an unspayed or unneutered dog as set forth in
paragraph (a)(1) of this section shall expire July 22, 2011, unless otherwise
provided by a subsequent act of the General Assembly.
(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 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 license, and kennel license shall show the
date on which the license fee is paid. The county Department, or
its duly authorized 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 will must be
accompanied by either a metal tag or an alternative method of identification,
such as, but not limited to, 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 county
Department, and shall be affixed to the collar by the owner of such dog.
Dog collars with associated county state tags may be removed and
need not be worn at all times when the dog is licensed as [sic] 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 a dog control agent an animal welfare officer as
proof that the individual dog is licensed. Dogs engaged in the act of hunting
are exempted from wearing county tags while they are in the act of
hunting, but 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 a dog license agent an animal welfare officer while
the dog is in the act of hunting.
(c) Whoever fails to secure a valid dog license, retail dog dealer's
license outlet's license, or kennel license for the calendar year
on or before March 1, or when otherwise when required by this
section shall be fined not less than $50 and not more than $500. The
county may impose fines in excess of $50. 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 county may impose fines in
excess of $100 for subsequent offenses. The minimum fine for a subsequent
offense shall not be subject to suspension. Conviction for the failure to pay
the license tax fee is a violation.
(d) Each county The Department
may revoke any individual dog owner license, retail dog outlet license license,
or kennel license previously issued by said county, 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 county 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 lead, or guide dog or as a dog
which has previously served in a branch of the United States armed forces. The county
Department shall issue either a metal license tag or an alternative
method for identification in accordance with subsection (b) of this section to
such persons 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.
§3043F. Inspections of facilities and premises; suspension of kennel or
retail dog dealer outlet license.
(a) Dog
control agents 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 specified in §3044F of this title. It shall be unlawful for any person
to refuse No person may refuse admittance to a dog control agent
an animal welfare officer for the purpose of making inspections.
(b) Any
dog control agent 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; 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. A dog
control agent An animal welfare officer may enter into a dwelling
house or other structure only under either of the following circumstances:
with (1) With the permission of
the owner or occupant thereof or of the dwelling house or other structure.
pursuant (2) Pursuant to a legally
obtained search warrant, and is warrant and while accompanied by
a police officer or is officer. The animal welfare officer is not
required to be accompanied by a police officer under this subsection if the
animal welfare office is also a police officer as that term is defined in §
1911 of Title 11.
(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 care, and treatment of dogs specified in
§3044F of this title, 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; provided, that this time period
may be extended by the county, at its discretion, for 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 [former] §714 of Title 7 [repealed] §107(a) of
Title 16. The county 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 shall be is
entitled to an administrative review of such order as established by the county
Department in accordance with the Administrative Procedures Act [§10101
et seq. of Title 29].
(d) Whenever
the county Department suspends a license in accordance with this
section, a dog control agent an animal welfare officer may seize
and impound any dog in possession, custody custody, or care of
the person whose license is suspended if there are reasonable grounds to
believe that the dog's health, safety safety, or welfare is
endangered.
§3044F. Specifications for the humane handling, care care,
and treatment of dogs.
(a) General facilities. —
(2) Storage. — Supplies of food and bedding
shall be stored in a manner that protects the supplies from spoilage, contamination
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 removal,
and disposal of animal and food wastes, bedding, debris 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 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 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) , 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 levels, and moisture condensation. Ventilation shall be
provided by windows, vents, fans fans, or air conditioning.
(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) , 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. Dogs may not be kept outdoors during a hazardous
weather warning issued by the National Weather Service for the local area.
(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 and moisture-resistant 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°F (1.7°C) or lower.
(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 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.
(6) Exceptions. — Paragraphs (d)(1) through
(5) of this section shall do not apply to licensed retail dog dealers
outlets 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
sit, and lie down in a comfortable, normal position; 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 owner.
(e) Animal health and husbandry standards. —
(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
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 deterioration,
or caking of feed.
(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
flushing, or other methods, dogs shall be removed, unless the enclosure
is large enough to ensure that the dogs will not be harmed, wetted 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.
§3045F. Licensing agents; bond requirements; service charge; negotiations.
(a) Each
county 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 thebond
requirement may be determined by the county.
(c) Licensing
agents may add a an approximate, reasonable and necessary service
charge to the required fee for a license. This fee shall be set by each
county in its discretion. The Department shall set the fee at its
discretion.
(d) Each
county The Department may adopt, amend, modify modify,
or repeal rules and regulations to effectuate the policy and purpose of this
section.
§3046F. Reciprocity of dog license.
(a) Each
county shall establish a licensing system which identifies the county in which
the dog's owner maintains that owner's primary residence.
(b) When
by or pursuant to the authority under this chapter a dog is licensed by its owner
within the county then such dog shall not need an additional license within the
other counties of this State.
(c) When If, by or pursuant to the
laws of the state of the owner's primary residence, a person an owner
licenses in that person's owner's own state of residence, then
such dog shall not need an additional license in this State.
§3047F. Rules and regulations.
Each county shall have the authority to enact all rules and regulations,
including the authority to set the amount of license fees to license dogs or
kennels, in furtherance of the provisions of this chapter.
§3048F. 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 and is licensed in accordance with county
ordinances state laws, 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 October 1 and
the last day of the following February, next following. Any owner
or custodian who violates this subsection shall be fined not less than $25 or
more than $50. For each subsequent offense occurring within 12 months of a prior
offense, the person shall be fined not less than $50 or 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 in
one of the following manners:
(1) Confined within an
enclosure from which it cannot escape; or escape.
(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 secured.
(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 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
owner, custodian, possessor, or harborer shall be fined not less than
$100 or 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 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
possessor, or harborer shall be fined not less than $750 or 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.
(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 county
in which the offense occurred or to the dog control authority in each county as
designated by the county Department. 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 offense, and the date of conviction. The county
Department shall maintain these reports for a period of 3 years.
§3049F. Destruction of muskrat dens, poultry poultry, or
livestock.
No owner or custodian of any dog shall permit such dog to injure, destroy
destroy, or disturb any muskrat den, trap, lead lead, or house
house, or any poultry or livestock.
§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 dog warden animal welfare officer.
(c) No person shall confine any dog which is not that
person's own lawful property without contacting the county, an animal
control constable, dog warden or other officer Department within 48
hours of confining such dog and providing the county, animal control
constable, dog warden or other officer Department with a complete
description of the dog, the exact location of the premises on which such dog is
to be detained detained, and the name of the owner or tenant of
such property.
§3051F. Injuring or killing dogs for certain acts.
(a) Any police officer, animal control constable or dog warden
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 poultry, or another human being at the
time such dog is attacking such livestock, poultry poultry, or
human being.
§3052F. Poisoning of dogs.
No person except a law-enforcement officer, animal control constable
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.
§3053F. Liability of dog owner for damages.
The owner of a dog is liable in damages for any injury, death death,
or loss to person or property that is caused by such dog, unless the injury, death
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 tormenting,
or abusing the dog.
§3054F. 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 county 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.
§3055F. Penalties; fines.
Whoever violates this chapter, unless otherwise specifically provided, Unless
otherwise specifically provided in this subchapter, whoever violates this
subchapter shall be subject to the fines provided for in §1708 of Title
7 §107(a) of Title 16 and such fines shall be payable as
provided therein are payable to the Department.
§3056F. Unauthorized acts against a service dog; penalties.
(a) "Service dog" 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, but not limited to, 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 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 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 guide, or seeing eye dog owner and
the dog which arise out of or are related to the criminal offense.
§3057F. County State dog law management
(a) In order to enforce this chapter the county subchapter,
the Department or
a municipality shall authorize the hiring of, or contract for,
sufficient animal control constables or dog wardens animal welfare
officers to accomplish the purposes of this chapter subchapter.
(b) All animal control constable and dog wardens animal
welfare officers shall be uniformed and shall be adequately trained trained,
certified, and equipped to enforce the dog control laws and ordinances of
the State or any of its political subdivisions and the county subdivisions,
including municipalities.
(c) For the purposes of this chapter, the term "animal
control constable" shall have the meaning ascribed in Chapter 29 of Title
10. The term "dog warden" shall mean a person employed by the county
or an animal control agency to enforce the dog control laws and ordinances of
this State or county and any of its political subdivisions. In addition to
animal welfare officers, all police officers may enforce the dog control
laws and ordinances of the county, this State and or any of its political subdivisions.
§3058F. Rules and regulations.
Each county The Department may adopt, amend, modify
modify, or repeal ordinances, rules rules, and regulations
to effectuate the policy and purposes of this chapter.
§3059F. [Reserved].
Section 6. Amend Title 9 and Title 16 of the Delaware Code by transferring Subchapter II, Chapter 9 of Title 9 to Title 16, redesignating present §§920 through 928 of Title 9 as §§3071F through 3079F of Chapter 30F of Title 16 and then by making deletions as shown by strike through and insertions as shown by underline as follows:
SUBCHAPTER V. DANGEROUS AND POTENTIALLY DANGEROUS DOGS.
§3071F. Definitions.
For the purposes of this subchapter:
(1) "Animal control agency"
shall mean the entity acting alone or in concert with other governmental units
and legally authorized to enforce the dog control laws and regulations of the
State, a county or any municipality.
(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" shall mean
means the deliberate action of a dog, whether or not in response to a
command by its owner, to bite, seize with its teeth teeth, or
pursue any human being or domestic animal with the obvious intent to kill,
wound, injure injure, or otherwise harm the human being or
domestic animal.
(3) "Dangerous dog" shall
mean means any dog that the Justice of the Peace Court has
declared to be dangerous by the Panel pursuant to under §3076F
of this title or any potentially dangerous dog kept or maintained in violation
of §3076F(b) of this title.
(4) "Dog" shall mean means
any dog or dog hybrid.
(5) "Domestic animal" shall
mean means any dog, cat, poultry poultry, or
livestock.
(6) "Owner" shall mean means
any person who owns, keeps, harbors harbors, or is the custodian
of a dog.
(7) "Non-dangerous dog" means any dog that the Justice of the Peace Court has declared to be non-dangerous under §3080F of this title.
(7) "Panel" shall mean the Dog
Control Panel.
(8) "Physical injury" shall
mean means impairment of physical condition or substantial pain.
(9) "Potentially dangerous
dog" shall mean means any dog that the Justice of the
Peace Court has declared to be potentially dangerous by the Panel
pursuant to under §3077F of this title.
(10) "Proper enclosure" shall
mean 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"
shall mean means physical injury which creates a substantial risk
of death, or which causes serious and prolonged disfigurement, prolonged
impairment of health health, or prolonged loss or impairment of
the function of any bodily organ.
§3072F. Dog Control Panel; establishment;
organization.
(a) The
Dog Control Panel created pursuant to the former subchapter III of Chapter 17
of Title 7 shall continue to have all authority and responsibility conferred on
it by that chapter and the current Panel members shall serve out their terms.
The Dog Control Panel shall consist of 5 members, all of whom shall be
residents of the State. Each county shall select a representative to serve for
purposes of electing members of the Panel as seats on the Panel become open by
resignation, expiration of a member's term, death, or other reason which may
disqualify a member from serving. Each member of the Panel shall be elected by
a majority vote of the 3 county representatives and each candidate for the
Panel shall be voted upon separately. All new Panel members shall serve for a
term of 2 years commencing on the date of their election and shall be eligible
for reappointment. The composition of the Panel shall be as follows:
(1) A licensed veterinarian who
possesses at least 5 years of experience in the treatment of canines;
(2) A member of 1 or more American
Kennel Club licensed or member dog clubs for at least 5 years;
(3) An animal behaviorist specializing
in the treatment of canine behavior disorders, a member of the Association of
Pet Dog Trainers or a professional dog obedience trainer, each of whom possess
no less than 5 years' experience in the handling of canines;
(4) A police officer who is a member of
the Delaware State Police, a member of the New Castle County Police, or a
member of the police department, bureau, or force of any incorporated city or
town; and
(5) A representative from the Delaware
Society for the Prevention of Cruelty to Animals or the Kent County Society for
the Prevention of Cruelty to Animals.
(b) For
purposes of conducting business, 3 members of the Panel shall constitute a
quorum. A majority vote of the members present at a meeting at which a quorum
is present shall be required on any action or matter before the Panel. Members
of the Panel shall serve without compensation, except that they may be
reimbursed for reasonable and necessary expenses incurred incident to their
duties as members of the Panel.
(c) A
chairperson of the Panel shall be chosen by the members of the Panel from among
its members and shall serve in that capacity for a term of 1 year and shall be
eligible for reelection.
(d) Each
Panel member may submit the names of up to 2 alternates to the county
representatives for approval, provided the alternates meet or exceed the
criteria for appointment met by the Panel member who they will represent. Upon
the approval of the county representatives, an alternate may act in a Panel
member's place and stead, with authority to attend all meetings of the Panel
and with power to vote in the absence of the member.
(e) The
county representatives shall elect a new member to fill any vacancy that has
been created by the resignation, death, or other inability to serve of a Panel
member. Said member shall serve for the remainder of the term of the member who
has resigned, died, or who is otherwise unable to serve.
(f) Members
of the Panel and alternates shall not be subject to, and shall be immune from,
claims, suits, liability, damages or any other recourse, civil or criminal,
arising from any act or proceeding, decision or determination undertaken or
performed, or recommendations made while discharging any duty or authority
under this subchapter, so long as such person acted in good faith and without
malice in carrying out their responsibilities, authority, duties, powers and
privileges of the offices conferred by this law upon them or by any other
provisions of Delaware law, federal law or regulations or any duly adopted
ordinances, rules, or regulations of a county. Complainants shall bear the
burden of proving malice or a lack of good faith to defeat the immunity provided
herein.
(g) Any
member of the Panel or alternate with a direct or indirect interest in a matter
before the Panel shall recuse himself or herself from the consideration of such
matter. In situations in which a Panel member or alternate does not vote by reason
of a direct or indirect interest in a matter before the Panel, the presence of
the Panel member or alternate shall not be counted for purposes of establishing
a quorum. The fact that a Panel member or alternate has not voted by reason of
a direct or indirect interest in a matter before the Panel shall in no way
affect the validity of an act or actions taken regarding the matter before the
Panel.
(h) Failure
to attend or to be represented at 2 consecutive regular meetings of the Panel,
in the absence of mitigating circumstances, shall be construed as a request by
that member to resign from the Panel and a replacement may thereafter be
selected by the county representatives in that member's stead.
§3073F. Seizure and impoundment of dangerous or
potentially dangerous dogs; notification of dog owner; request for hearing
hearing procedures.
(a) An
animal control constable or dog warden animal welfare officer
shall seize and impound a dog suspected of being dangerous or potentially
dangerous when the warden officer has reasonable cause to believe
that the dog has engaged in 1 or more of the following:
(1) Killed or inflicted physical injury
or serious physical injury upon a human being; or 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; or owner.
(3) Chased or pursued a person,
including but not limited to a person on a bicycle, upon the streets, sidewalks
sidewalks, or any public or private property, other than the dog owner's
property, in an apparent attitude of attack on 2 separate occasions within a
12-month period.
(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 animal
control agency 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 animal control agency
Department may dispose of the dog in accordance with Chapter 80 of
Title 3 this subchapter.
(c) The
owner of any seized and impounded dog shall be notified by the animal
control agency by certified mail, return receipt requested, of the owner's has
a right to a hearing before the Panel to determine whether the dog
is dangerous or potentially dangerous. This notice shall require that the
owner return within 7 days of receiving such notice, by certified mail or
personal delivery, a signed statement indicating whether the owner wishes the
hearing to be conducted or, if not, that the owner waives that owner's right to
such hearing and agrees to abide by the findings and conclusions of the animal
control agency or agrees to relinquish ownership of such dog, in which case the
animal control agency shall dispose of the impounded dog in accordance with
Chapter 80 of Title 3. If the owner cannot be notified by certified mail,
return receipt requested, or refuses to sign for the certified letter, or does
not reply to the certified letter with a signed statement within 7 days of
receipt, the animal control agency shall dispose of the dog in accordance with
Chapter 80 of Title 3.
(1) The Justice of the Peace Court is the court of original and exclusive jurisdiction for hearings under this subsection.
(2) The Department shall file a civil action with the Justice of the Peace Court within 72 hours of the identification of the dog's owner and notice to the owner unless the owner agrees to proposed conditions.
(d) Within
20 business days of an animal control agency's receipt of a request for a
hearing pursuant to subsection (c) of this section, a hearing shall be held by
the Panel. If a hearing is not held within that time frame, the dog shall be
released to its owner and the charges made pursuant to subsection (a) of this
section shall be dismissed, unless a delay is requested by the owner and
approved by the Panel. 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.
(e) (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.
§3074F. Exceptions.
(a) Notwithstanding
§3073F of this title, no dog shall be considered dangerous or potentially
dangerous if an 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
abusing, or assaulting the dog, or was committing or attempting to commit
a crime; or crime.
(2) A domestic animal which, at the time
the injury was sustained, was teasing, tormenting, abusing abusing,
or assaulting the dog; or dog.
(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 §3073F of this title, no dog shall be considered dangerous or potentially dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.
(c) Notwithstanding
§3073F of this title, no military, correctional correctional, or
police-owned dogs shall be considered dangerous or potentially dangerous if the
attack or injury to a person or domestic animal occurs while the dog is
performing duties as expected.
§3075F. Hearing procedures; appeal.
(a) Upon
the receipt of a request for a hearing by the Panel, the animal control agency
shall fix the time and place for the hearing and notify the owner of the
impounded dog by certified mail, return receipt requested, of such time and
place. At such hearing, the owner shall have the right to appear either
personally or by counsel or both, to produce witnesses and evidence on the
owner's own behalf and to cross-examine witnesses.
(b) All
hearings shall be informal and open to the public, and need not conform to
standard rules of evidence. Hearsay evidence shall be allowed but may not be
relied upon as the sole evidence in the Panel's determination. Deliberations of
the Panel may be conducted in executive session. All proceedings of the Panel,
except those held in executive session, shall be recorded and transcribed by a
registered court reporter. The Panel shall determine whether the dog in
question should be declared dangerous or potentially dangerous, and shall
articulate on the record the reasons for its decision. The Panel shall announce
its decision at the conclusion of the hearing. After announcing its decision,
the Panel shall provide the owner with written notice of the action taken and
the reasons therefor. The decision of the Panel is final.
(c) If
a dog is determined to be dangerous, the Panel may direct the animal control
agency to dispose of the dog by euthanasia in accordance with Chapter 80 of
Title 3. If euthanasia is not ordered, the owner shall comply with §925(b) of
this title, except that the animal control agency may grant said owner up to 30
days from the date of the determination to comply with §§925(b)(1) through (3)
of this title. If a dog is determined to be potentially dangerous, the owner
shall comply with §926(b) of this title, except that the animal control agency
may grant said owner up to 30 days from the date of the determination to comply
with §926(b)(1) of this title.
(d) Notwithstanding
subsection (b) of this section, if a dog is determined to be dangerous and the
Panel directs the animal control agency to dispose of the dog by euthanasia,
the owner may appeal the Panel's decision to the Court of Common Pleas within
10 days of the receipt of the Panel's decision. The appeal and review shall be
conducted according to the provisions governing judicial review of case
decisions under the Administrative Procedures Act (Chapter 101 of Title 29)
that are not inconsistent with this subsection. The filing of an appeal shall
act as a stay of the Panel's decision, pending final disposition of the appeal.
(e) The
county shall be responsible for the costs of proceedings, including but not
limited to court stenographer fees, before the Panel that arise from incidents
within that county.
§3076F. Finding to declare a dog dangerous; duties of owner.
(a) The
Panel Justice of the Peace Court may declare a dog to be
dangerous if it finds by a preponderance of the clear and convincing
evidence that the dog has done any of the following:
(1) Killed or inflicted physical injury
or serious physical injury upon a human being; or 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; or owner.
(3) Was subject to, or was used to
facilitate animal cruelty or animal fighting as alleged in a criminal complaint
or charge.
(b) If
the Panel Justice of the Peace Court declares a dog to be
dangerous, it shall be unlawful for any person to keep or maintain such dog
unless all of the following occur:
(1) The dog is spayed or neutered;
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; dog.
(3) The dog is confined by its owner
within a proper enclosure, and whenever outside of the proper enclosure the dog
is securely muzzled and restrained by a substantial chain or leash, not
exceeding 6 feet, and under the control of a responsible adult, or caged;
caged.
(4) The dog owner displays, in a
conspicuous manner, a sign on the owner's premises warning that a dangerous dog
is on the premises. The sign shall be visible and legible from the public
highway or 100 feet, whichever is less; and less.
(5) The dog owner immediately notifies
the animal control agency Department when the dog is loose,
unconfined, has attacked a human being or another domestic animal, has been
moved to another address address, or dies.
(6) The 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
sale, or give away said dog to any other person or entity other
than an animal control agency the Department. If a dangerous dog
is given to an animal control agency the Department, the dog
shall be disposed of by euthanasia in accordance with Chapter 80 of Title 3
Subchapter I of this chapter.
§3077F. Finding to declare a dog potentially dangerous; duties of owner.
(a) The
Panel Justice of the Peace Court may declare a dog to be
potentially dangerous if it finds by a preponderance of the clear and
convincing evidence that the dog has done any of the following:
(1) Attacked or inflicted physical
injury upon a human being; orbeing.
(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; or owner.
(3) Chased or pursued a person, including,
but not limited to including a person on a bicycle, upon the
streets, sidewalks sidewalks, or any public or private property,
other than the dog owner's property, in an apparent attitude of attack on 2
separate occasions within a 12-month period.
(b) If
the Panel Justice of the Peace Court declares a dog to be
potentially dangerous, it shall be unlawful for any person to keep or maintain
the dog unless all of the following occur:
(1) The dog is spayed or neutered, provided
the Panel Justice of the Peace Court ordered the spaying or
neutering as part of its decision in declaring the dog to be potentially dangerous;
dangerous.
(2) While on the dog owner's property,
the dog is kept indoors or within a securely fenced yard from which it cannot escape;
and escape.
(3) When off the owner's premises, the dog is restrained by a substantial chain or leash, not exceeding 6 feet, and is under the physical control of a responsible adult.
(4) The owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.
(c) 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 shall no longer be deemed a potentially dangerous dog.
§3078F. Liability of owner for costs of impoundment.
If a
the Justice of the Peace Court declares a dog is declared
dangerous or potentially dangerous the owner of the dog shall, prior to
reclaiming the dog, reimburse the animal control agency its regular standard
fees charged for the care of the dogs while in the animal control agency's
custody plus any reasonable veterinary fees incurred for the dog during the
period of impoundment. 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. Failure of the dog's owner to pay such fees
within 5 days after a final determination of whether the dog is dangerous or
potentially dangerous shall result in the ownership of the dog reverting
to the animal control agency The animal control agency shall
then dispose of the dog in accordance with Chapter 80 of Title 3. If
a dog is determined to be neither dangerous nor potentially dangerous non-dangerous
under §3080F of this title, the owner shall not be liable for the costs of
impoundment.
§3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties.
(a) For
a violation of §3076F(b)(4), §3076F(b)(4) or (b)(6) or §
3077F(b)(1), (b)(2) (b)(2), or (b)(3) (b)(3) or (b)(4) of
this title, the owner of the dangerous dog or potentially dangerous dog shall
be fined not less than $50 nor more than $100. For a subsequent offense, the person
owner shall be fined not less than $100 or more than $200.
(b) For
a violation of §3076F(b)(1) or (b)(5) of this title, the owner of the
dangerous dog shall be fined not less than $100 or more than $250. For a
subsequent offense, the person owner shall be fined not less than
$250 or more than $500.
(c) For
a violation of §3076F(b)(2), (b)(3), or (c) of this title, the owner of the
dangerous dog shall be fined not less than $250 or more than $1,000. For a
subsequent offense, the person owner shall be fined not less than
$500 or more than $2,000.
(d) Any
dog After a dog has been declared dangerous pursuant to under
§3076F(a) of this title, which, after having been declared dangerous, only
a dog that, without provocation, kills, attacks attacks, or
inflicts physical injury or serious physical injury, without provocation
injury upon a human being or domestic animal, animal shall
be seized and impounded by the animal control agency Department
and disposed of by euthanasia in accordance with Chapter 80 of Title 3. 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.
(e) Any
fine imposed for a violation of this subchapter shall may not be
suspended to any amount less than the minimum prescribed fine and no such
fine shall be payable by mail. All The Justice of the Peace Court
shall remit all fines imposed following a conviction for violation of this
subchapter shall be remitted by the sentencing court to the county in which
the offence occurred to the Department.
§ 3080F. Finding to declare a dog non-dangerous.
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
non-dangerous. Despite a finding that the dog is non-dangerous, the Justice of
the Peace Court may impose any condition deemed reasonable, given the
circumstances of the case.
§ 3081F. Disposition of dogs determined to be dangerous or potentially dangerous or non-dangerous; 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 does not order euthanasia, the owner shall comply with all conditions that the Court orders under §3076F(b)(6) of this title, within 30 days from the date of the order.
(b) If the Justice of the Peace Court determines that a dog is potentially dangerous, the owner shall comply with all conditions that the Court orders under §3077F(b)(4) of this title, within 30 days from the date of the order.
(c) If another incident occurs within the period of time allowed for compliance under subsections (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 non-dangerous, 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.
Section 7. Amend §2901, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2901. Appointment.
The chief
executive officer of any county or municipal corporation, or the Housing
Director, in the case of the enforcement of the State Housing Code contained in
Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement
and animal control constables as shall be necessary to enforce all
ordinances pertaining to building, housing, sanitation, animal control
or public health codes.
Section 8. Amend §2902, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2902. Duties; limited authority.
(a) The
code enforcement and animal control constables appointed pursuant to
this chapter may enforce only those codes and ordinances pertaining to
building, housing, sanitation, zoning, animal control or public health.
(b) Notwithstanding
any other law, a code enforcement and animal control constable appointed
pursuant to this chapter shall not have jurisdiction outside the limits of the
county or municipal corporation employing such constable. Provided, however,
that a code enforcement constable appointed by the Housing Director shall have
jurisdiction throughout the State to enforce the provisions of the State
Housing Code in a county or municipality which has not adopted and/or undertaken
to enforce the State Housing Code after July 12, 1988. In addition to the other
powers set forth herein, such housing code enforcement constables may impose a
voluntary assessment of $100 in cases involving first offenders of the State
Housing Code.
(c) Code
enforcement and animal control constables appointed pursuant to this
chapter shall not be permitted to carry firearms while on duty as such.
(d) Notwithstanding
any other law, a code enforcement or animal control constable may
lawfully issue a summons to any person the constable has reasonable grounds to
believe has committed an offense against any ordinance pertaining to building,
housing, sanitation, animal control, zoning, or public health code of the
county or municipal corporation by whom the constable is employed, directing
the person to appear before a court having jurisdiction over such offense
whether or not the offense was committed in the constable's presence.
Section 8. Amend §122, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§122. Powers and duties of the Department of Health and Social [Effective upon final publication of the regulations pursuant to 79 Del. Laws, c. 375, §5].
The Department shall have the following general powers and duties:
(3) Adopt, promulgate,
amend, and repeal regulations consistent with law, which regulations shall not
extend, modify modify, or conflict with any law of this State or
the reasonable implications thereof, and which shall be enforced by all state
and local public health officials, to:
bb. Regulate the training and
educational qualifications for the certification of animal control
constables, animal control officers, animal cruelty agents, dog control agents,
and dog wardens animal welfare officers. The Department shall:
2. Develop criteria and
standards for evaluating educational programs preparing a person for training
and certification; including in conjunction with the Delaware Department of
Agriculture and the Delaware Department of Natural Resources and Environmental
Control concerning livestock, poultry, and wildlife for animal cruelty
agents welfare officers;
6. Keep current a
registry of all persons certified as animal control constables, animal
control officers, animal cruelty agents, dog control agents, and dog wardens
animal welfare officers in the State;
Section 9. Amend §139, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§139. Certification and procedures for animal
control constables, animal control officers, animal cruelty agents, dog control
agents, and dog wardens animal welfare officers [Effective upon
final publication of the regulations pursuant to 79 Del. Laws, c. 375, §5].
(a) A
person who acts as a certified animal control constable, animal control
officer, animal cruelty agent, dog control agent, or dog warden animal
welfare officer without certification from the Department is subject to
penalties pursuant to §107 of this title. For purposes of this subchapter, "animal
cruelty agent" "animal welfare officer" means any person
qualified to act pursuant to §1325 of Title 11. and §3041F of Title
16.
(b) The
Department may, by endorsement, endorsement and without written
examination, certify an animal control constable, animal control officer,
animal cruelty agent, dog control agent, or dog warden animal welfare
officer who has completed a training program that meets the educational
requirements for certification defined by the Department and if, in the opinion
of the Department or its designee, the applicant meets the qualifications
specified by this chapter for an animal control constable, animal control
officer, dog control agent animal cruelty, or dog warden animal welfare
officer.
(c) Dog control and animal cruelty educational programs. —
(1) Any organization or institution
desiring to conduct a dog control or animal cruelty an animal welfare
officer education program shall apply to the Department and submit
satisfactory evidence that it is ready and qualified to instruct students in
the prescribed basic curriculum for certifying animal control constables,
dog control agents, animal control officers, animal cruelty agents, or dog
wardens animal welfare officers and that it is prepared to
meet other standards which may be established by the Department.
(d) The Department may impose sanctions defined in this chapter
singly or in combination when it finds a certified or former certified animal
control constable, animal control officer, animal cruelty agent, dog control
agent, or dog warden animal welfare officer committed any offense
described below:
(4) Has had a
certification or license to serve as a dog control or animal cruelty agent
an animal welfare officer suspended or revoked in any jurisdiction; or
(e) The Department shall establish procedures for documenting
all complaints, complaints and conducting investigations of
complaints filed against animal control constables, animal control officers,
animal cruelty agents, dog control agents, or dog wardens animal welfare
officers that may result in sanctions.
(f) Disciplinary sanctions are as follows:
(1) Permanently revoke
a certification or license to be an animal control constable, animal control
officer, dog control animal cruelty agent, or dog warden animal welfare
officer;
