reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3019F. Veterinarian participation.

§ 3019F. Veterinarian participation.
(a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the administrator agreeing to all preset fees and program conditions. Preset fees shall be set by the administrator, in consultation with the Delaware Veterinary Medical Association and shall be subject to revision as determined necessary by the administrator.
(b) For all cats or and dogs sterilized under this Program, the administrator shall reimburse the veterinarians or business they work for or the 501(c)(3) (26 U.S.C. § 501(c)(3)) organization for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation; spay/neuter surgery, rabies vaccination and routine postsurgical care required by the servicing veterinarian's postoperative protocol. The owner/caretaker shall be responsible for the payment of any additional fees for procedures mutually agreed upon and administered by the veterinarian that are not covered under this Program.
(c) To receive reimbursement for procedures performed, the participating veterinarian or business they work for or the 501(c)(3) (26 U.S.C. § 501(c)(3)) organization shall submit a copy of the completed Spay/Neuter Fund Certificate signed by the veterinarian who performed the surgery to the administrator.
(d) The current rabies forms shall be revised in such a manner as to create an area for recording a serialized tag number for purposes of accountability.
(e) This process shall also apply to all inoculations clinics except that it shall also be the responsibility of the organization conducting the clinic to maintain copies of the certificates for a minimum of 12 months after the expiration date of the vaccination.
(f) In addition to that which is already established by law, a copy of the rabies registration form shall be generated and provided to the Program's administrator. The administrator's copy shall be utilized for establishing and maintaining a database for enforcement, performance review analysis and tax credit reporting purposes.
75 Del. Laws, c. 326, §  1;  76 Del. Laws, c. 284, §  6;  79 Del. Laws, c. 377, §  2;  81 Del. Laws, c. 224, § 5;  81 Del. Laws, c. 450, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3021F. Performance measurement.

§ 3021F. Performance measurement.
Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made.
(1) To measure the performance of this Program, the administrator shall establish a standardized statewide yearly reporting system for the following:
a. The number of spay/neuter surgeries; and
b. The number of rabies inoculations performed pursuant to this subchapter; and
c. Cat and dog shelter intake statistics; and
d. Euthanasia statistics; and
e. Such other criteria as the administrator shall find necessary for the purposes of performance review analysis.
(2) The Performance Review Committee shall be reinstated as the Spay/Neuter Performance Review Committee (the Committee). The Committee shall consist of the following members or their respective designees:
a. The Secretary of the Department of Health and Social Services, shall serve as an ex officio nonvoting member and shall also act as Chairperson of the Committee;
b. The Director of the Division of Public Health, or a designee having knowledge in the area of rabies control;
c. The President of the Delaware Veterinary Medical Association;
d. The Executive Director of the Delaware Society for the Prevention of Cruelty to Animals;
e. The Executive Director of the First State Animal Center-SPCA;
f. The Executive Director of Faithful Friends Animal Society;
g. The Executive Director of the Delaware Humane Association;
h. The Executive Director of the Brandywine Valley SPCA;
i. The Director of the Division of Social Services; and
j. Six additional members appointed by the Chairperson, including 2 members from each county, each of whom shall be a veterinarian or a representative of an animal rescue organization not cited above.
(3) The Chairperson shall schedule Committee meetings as often as is necessary. The Committee shall issue recommendations to the Department of Health and Social Services as often as the Chairperson deems necessary, but no less often than annually. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from the Committee and a replacement shall be appointed by the Chairperson.
(4) Subject to and in accordance with Robert's Rules of Order, a quorum shall consist of 51% of the Committee's membership and actions by the Committee may only be taken by majority vote of those members present. The members shall receive no compensation for their services. The Committee is authorized to adopt such rules and procedures as may be necessary or convenient to accomplish the purposes set forth in this subchapter, including without limitation, the adoption of conflict of interest rules.
75 Del. Laws, c. 326, §  1;  76 Del. Laws, c. 284, §§  7-9;  79 Del. Laws, c. 377, §  2;  81 Del. Laws, c. 224, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter III. Enforcement of Animal Welfare Laws › § 3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture.

§ 3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture.
(a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in the State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence.
(b) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all dog control, dangerous dog and animal fighting laws, and laws concerning the maintenance of a dangerous animal in the State.
(c) The Office of Animal Welfare is a “law-enforcement agency” for purposes of § 8901B of Title 11 and any other purpose relating to communication and access to criminal justice information.
(d) Animal welfare officers of the Office of Animal Welfare or Department of Agriculture shall be trained and certified pursuant to § 122(3)bb. of this title.
(e) Animal welfare officers of the Office of Animal Welfare shall have the power to investigate, search, seize, detain and arrest when investigating and enforcing animal cruelty and fighting, dog control, or dangerous animal laws.
(f) The Department of Agriculture shall have the power to investigate, search, seize and issue criminal summons when investigating and enforcing animal cruelty laws.
(g) Animal welfare officers of the Office of Animal Welfare and the Department of Agriculture shall have no police powers to investigate or enforce laws other than those related to animal cruelty or fighting, dog control, or dangerous animal laws.
(h) Animal welfare officers of the Office of Animal Welfare or the Department of Agriculture shall not be permitted to carry firearms while on duty as such.
80 Del. Laws, c. 200, §  2;  81 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter III. Enforcement of Animal Welfare Laws › § 3032F. Enforcement of laws for protection of animals.

§ 3032F. Enforcement of laws for protection of animals.
The constables of the several counties of this State, and the police force of the City of Wilmington, as well as all other places in the State where police organizations exist, shall, as occasion requires, assist the Office of Animal Welfare and the Department of Agriculture in the enforcement of all laws which are enacted for the protection of animals.
Code 1935, §  2556;  49 Del. Laws, c. 256, §  1;  77 Del. Laws, c. 118, §§  1, 2;  78 Del. Laws, c. 282, §  1;  80 Del. Laws, c. 200, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter III. Enforcement of Animal Welfare Laws › § 3033F. Fines and penalties in certain cases; disposition.

§ 3033F. Fines and penalties in certain cases; disposition.
All fines, penalties and forfeitures, imposed and collected in any county of the State under every act relating to or affecting cruelty to animals, animal fighting, dog control, or dangerous animals, shall be remitted to the enforcing agency.
16 Del. Laws, c. 382, §  3;  Code 1915, §  2239;  Code 1935, §  2563;  3 Del. C. 1953, §  7905;  60 Del. Laws, c. 209, §§  3, 4;  70 Del. Laws, c. 283, §  11;  80 Del. Laws, c. 200, §  2;  81 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter III. Enforcement of Animal Welfare Laws › § 3034F. Service of process.

§ 3034F. Service of process.
Any warrant, subpoena, summons, or other process issued in relation to animal cruelty and fighting, dog control, or dangerous animal laws may be directed to and executed by any trained and certified animal welfare officer of the Office of Animal Welfare.
18 Del. Laws, c. 246;  Code 1915, §  2249;  Code 1935, §  2573;  3 Del. C. 1953, §  7906;  60 Del. Laws, c. 209, §§  5, 6;  70 Del. Laws, c. 283, §  11;  77 Del. Laws, c. 393, §  1;  80 Del. Laws, c. 200, §  2;  81 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter III. Enforcement of Animal Welfare Laws › § 3036F. Reports of animal cruelty; immunity.

§ 3036F. Reports of animal cruelty; immunity.
(a) A person who reasonably suspects animal cruelty may report the suspected animal cruelty to the Office of Animal Welfare for investigation.
(b) (1) A person who in good faith participates in reporting suspected animal cruelty has immunity from any liability, civil or criminal, that might otherwise exist as a result of making the report.
(2) The immunity provided under this section extends to the person's participation in any judicial proceeding resulting from the good faith report of suspected animal cruelty.
84 Del. Laws, c. 50, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3041F. Definitions.

§ 3041F. Definitions.
As used in this subchapter:
(1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” does not mean individuals providing temporary foster care to animals in their home or animal rescue groups sheltering animals on an individual's private property.
(2) [Repealed].
(3) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances.
(4) “Department” means the Department of Health and Social Services.
(5) “Dog” means any dog or dog hybrid.
(6) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog.
(7) “Primary enclosure” means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch.
(8) “Retail dog outlet” means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. “Retail dog outlet” does not mean any of the following:
a. Dogs which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.
b. The selling of a single litter of puppies or any part thereof during a calendar year.
c. Any publicly operated or private, charitable, or nonprofit animal shelter, pound, humane society, or animal rescue organization.
77 Del. Laws, c. 179, §  2;  77 Del. Laws, c. 428, §  6;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3043F. Inspections of facilities and premises; suspension of kennel or retail dog outlet license.

§ 3043F. Inspections of facilities and premises; suspension of kennel or retail dog outlet license.
(a) Animal welfare officers are hereby authorized to inspect the facilities for which a kennel or retail dog outlet license is sought or obtained during normal business hours or by appointment for the purpose of ascertaining whether the facilities satisfy the requirements specified in § 3044F of this title for the humane handling, care and treatment of dogs. No person may refuse admittance to an animal welfare officer for the purpose of making inspections.
(b) Any animal welfare officer having probable cause to believe a violation of § 3044F of this title has or is taking place may enter upon the premises of the owner or custodian of any dog subject to such violation for purposes of investigating whether a violation of § 3044F of this title has occurred, provided that the investigation can be conducted without the animal welfare officer having to enter a dwelling house or other structure used in connection therewith. An animal welfare officer may enter into a dwelling house or other structure only under either of the following circumstances:
(1) With the permission of the owner or occupant of the dwelling house or other structure.
(2) Pursuant to a legally obtained search warrant.
(c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements specified in § 3044F of this title for the humane handling, care, and treatment of dogs, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have a warning period of a minimum of 10 business days to bring the premises or facility into compliance with § 3044F of this title, but the Department may extend the warning period by up to 60 days. If, upon expiration of the warning period, such premises or facilities have not been brought into compliance, the operator shall be fined in accordance with the terms specified in § 107(a) of this title. The Department may also issue an order suspending the kennel license or retail dog outlet license, if any, until the cited deficiencies are remedied. The licensee is entitled to an administrative review of such order as established by the Department in accordance with the Administrative Procedures Act (§ 10101 et seq. of Title 29).
(d) Whenever the Department suspends a license in accordance with this section, an animal welfare officer may seize and impound any dog in possession, custody, or care of the person whose license is suspended if there are reasonable grounds to believe that the dog's health, safety, or welfare is endangered.
77 Del. Laws, c. 179, §  2;  77 Del. Laws, c. 428, §§  1, 6;  80 Del. Laws, c. 248, §  5;  81 Del. Laws, c. 96, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3045F. Licensing agents; bond requirements; service charge; negotiations.

§ 3045F. Licensing agents; bond requirements; service charge; negotiations.
(a) The Department may authorize as many qualified persons or companies as licensing agents as it deems necessary to effectuate the efficient distribution of dog licenses established under § 3042F of this title.
(b) The Department may determine the bond requirement.
(c) Licensing agents may add an approximate, reasonable and necessary service charge to the required fee for a license. The Department shall set the fee at its discretion.
(d) The Department may adopt, amend, modify, or repeal rules and regulations to effectuate the policy and purpose of this section.
77 Del. Laws, c. 179, §  2;  77 Del. Laws, c. 428, §  6;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3046F. Reciprocity of dog license.

§ 3046F. Reciprocity of dog license.
If, by or pursuant to the laws of the state of the owner's primary residence, an owner licenses in that owner's own state of residence, then such dog shall not need an additional license in this State.
77 Del. Laws, c. 179, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 428, §  6;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3048F. Dogs running at large.

§ 3048F. Dogs running at large.
(a) (1) No dog, unless exempted under this section, shall be permitted to run at large outside at any time, and must be secured by means of a leash that is capable of physically restraining the movement of the dog. A dog is not at large if it is within the real property limits of its owner, or on private property with permission, or within a vehicle being driven or parked.
(2) The following dogs are exempt from the leash requirements and need only be at heel or under reasonable control of a competent person and obedient to the person's command.
a. Working dogs, which are dogs that are not merely pets but that learn and perform tasks to assist their human companions, and include dogs trained to hunt, herd, assist law enforcement or search and rescue personnel, or assist persons with disabilities, while actively engaged in performing such functions.
b. Dogs within a designated “off-leash” dog park or area, or within an area permitted by a governmental entity, including a municipality, and attended by the dog's owner or custodian.
(3) Allowing a dog to run at large is a violation. Any owner or custodian who violates this subsection shall be fined not less than $25 or more than $50 for a first violation. 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 is not subject to suspension.
(b) [Repealed.]
(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 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, 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 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 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, and the date of conviction. The Department shall maintain these reports for a period of 3 years.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;  82 Del. Laws, c. 238, § 2;  83 Del. Laws, c. 158, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3049F. Destruction of muskrat dens, poultry, or livestock.

§ 3049F. Destruction of muskrat dens, poultry, or livestock.
No owner or custodian of any dog shall permit such dog to injure, destroy, or disturb any muskrat den, trap, lead, or house, or any poultry or livestock.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3050F. Dogs deemed personal property; theft; penalty.

§ 3050F. Dogs deemed personal property; theft; penalty.
(a) All dogs shall be deemed personal property and may be the subject of theft pursuant to Chapter 5 of Title 11. Any warrant of arrest or other process issued under or by virtue of the several laws in relation to the theft of such property may be directed to and executed by any police officer, constable, or animal welfare officer.
(b) The presence of any dog, regardless of age, not confined on the premises of a person other than the lawful owner of such dog shall raise no presumption of theft against the owner or tenant of such premises.
(c) No person shall confine any dog which is not that person's own lawful property without contacting the Department within 48 hours of confining such dog and providing the Department with a complete description of the dog, the exact location of the premises on which such dog is to be detained, and the name of the owner or tenant of such property.
77 Del. Laws, c. 428, §  7;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 266, §  14;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3051F. Injuring or killing dogs for certain acts.

§ 3051F. Injuring or killing dogs for certain acts.
(a) Any police officer, animal welfare officer who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry, or another human being at the time such dog is attacking such livestock, poultry, or human being.
(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
(d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3052F. Poisoning of dogs.

§ 3052F. Poisoning of dogs.
No person shall place any poison of any description in any place on the person's premises, or elsewhere, where it may be easily found and eaten by dogs.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3053F. Liability of dog owner for damages.

§ 3053F. Liability of dog owner for damages.
The owner of a dog is liable in damages for any injury, death, or loss to person or property that is caused by such dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3054F. Impounding of dog running at large.

§ 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 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.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3055F. Penalties; fines.

§ 3055F. Penalties; fines.
Unless otherwise specifically provided in this subchapter, whoever violates this subchapter shall be subject to the fines provided for in § 107(a) of this title and such fines are payable to the Department.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3056F. Unauthorized acts against a service dog; penalties.

§ 3056F. Unauthorized acts against a service dog; penalties.
(a) For the purposes of this section, “service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
(b) No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor.
(c) No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor.
(d) No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. This subsection, however, does not apply to a law-enforcement officer as defined by § 222 of Title 11 who is forced to take such action pursuant to the lawful performance of the officer's duties.
(e) No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.
(f) In any case where a person is convicted under subsection (b), (c), (d) or (e) of this section, that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide, or seeing-eye dog owner and the dog which arise out of or are related to the criminal offense.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3057F. State dog law management.

§ 3057F. State dog law management.
(a) In order to enforce this subchapter, the Department or a municipality shall authorize the hiring of, or contract for, sufficient animal welfare officers to accomplish the purposes of this subchapter.
(b) All animal welfare officers shall be uniformed and shall be adequately trained, certified, and equipped to enforce the dog control laws and ordinances of the State or any of its political subdivisions, including municipalities.
(c) In addition to animal welfare officers, all police officers may enforce the dog control laws and ordinances of the State or any of its political subdivisions.
77 Del. Laws, c. 428, §  7;  78 Del. Laws, c. 266, §  15;  79 Del. Laws, c. 375, §  1;  80 Del. Laws, c. 248, §§  4, 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter IV. General Provisions Concerning Dogs › § 3058F. Rules and regulations.

§ 3058F. Rules and regulations.
The Department may adopt, amend, modify, or repeal ordinances, rules, and regulations to effectuate the policy and purposes of this chapter.
77 Del. Laws, c. 428, §  7;  80 Del. Laws, c. 248, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3071F. Definitions.

§ 3071F. Definitions.
For the purposes of this subchapter:
(1) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances.
(2) “Attack” means the deliberate action of a dog, whether or not in response to a command by its owner, to bite, seize with its teeth, or pursue any human being or domestic animal with the obvious intent to kill, wound, injure, or otherwise harm the human being or domestic animal.
(3) “Dangerous dog” means any dog that the Justice of the Peace Court has declared to be dangerous under § 3076F of this title or any potentially dangerous dog kept or maintained in violation of § 3077F(c) of this title.
(4) “Dog” means any dog or dog hybrid.
(5) “Domestic animal” means any dog, cat, poultry, or livestock.
(6) “Nondangerous dog” means any dog that the Justice of the Peace Court has declared to be nondangerous under § 3080F of this title.
(7) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog.
(8) “Physical injury” means impairment of physical condition or substantial pain.
(9) “Potentially dangerous dog” means any dog that the Justice of the Peace Court has declared to be potentially dangerous under § 3077F of this title.
(10) “Proper enclosure” means securely confined indoors or a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the animal. If the pen or structure has no bottom secured to the sides, the sides must be embedded at least 2 feet into the ground.
(11) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
77 Del. Laws, c. 428, §  8;  80 Del. Laws, c. 157, §  1;  80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 31, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3074F. Exceptions.

§ 3074F. Exceptions.
(a) Notwithstanding § 3073F of this title, no dog shall be considered dangerous or potentially dangerous if a physical injury or serious physical injury was sustained by any of the following:
(1) A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.
(2) A domestic animal which, at the time the injury was sustained, was teasing, tormenting, abusing, or assaulting the dog.
(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, 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.
77 Del. Laws, c. 428, §  8;  79 Del. Laws, c. 376, §  2;  80 Del. Laws, c. 248, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3076F. Finding to declare a dog dangerous; duties of owner.

§ 3076F. Finding to declare a dog dangerous; duties of owner.
(a) The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any of the following:
(1) Killed or inflicted physical injury or serious physical injury upon a human being.
(2) Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(3) Inflicted physical injury upon a domestic animal after the dog has been declared potentially dangerous under § 3077F of this title.
(b) If the Justice of the Peace Court declares a dog to be dangerous, 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.
(2) The dog owner procures and maintains liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog.
(3) The dog is confined by its owner within a proper enclosure, 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.
(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.
(5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or another domestic animal, has been moved to another 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, or give away said dog to any other person other than the Department. If a dangerous dog is given to the Department, the dog shall be disposed of by euthanasia in accordance with subchapter I of this chapter.
77 Del. Laws, c. 428, §  8;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 376, §  3;  80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 96, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3077F. Finding to declare a dog potentially dangerous; duties of owner.

§ 3077F. Finding to declare a dog potentially dangerous; duties of owner.
(a) The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has done any of the following:
(1) Attacked or inflicted physical injury upon a human being.
(2) Attacked or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(3) Chased or pursued a person, including a person on a bicycle, upon the streets, 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) Caused physical injury to a domestic animal on more than one occasion in a 12-month period, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(b) No dog may be declared potentially dangerous based solely on the dog's breed or perceived breed.
(c) If the Justice of the Peace Court declares a dog to be potentially dangerous, 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 Justice of the Peace Court ordered the spaying or neutering as part of its decision in declaring the dog to be potentially 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.
(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.
(d) 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.
77 Del. Laws, c. 428, §  8;  79 Del. Laws, c. 376, §  4;  80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 31, §  2;  81 Del. Laws, c. 96, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3078F. Liability of owner for costs of impoundment.

§ 3078F. Liability of owner for costs of impoundment.
If the Justice of the Peace Court declares a dog dangerous or potentially dangerous, the Court shall include in its judgment the costs associated with the care of the dog while in the Department's custody. Prior to reclaiming the dog, the owner must reimburse the Department the amount indicated in the judgment or establish a payment plan approved by the Court. If the owner does not take either action within 10 days after judgement, ownership of the dog reverts to the Department and the Department may dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If a dog is determined to be nondangerous under § 3080F of this title, the owner shall not be liable for the costs of impoundment.
77 Del. Laws, c. 428, §  8;  80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 96, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties.

§ 3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties.
(a) For a violation of § 3076F(b)(4) or (b)(6) or § 3077F(c)(1), (c)(2), (c)(3) or (c)(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 within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the 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 within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the 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 within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the owner shall be fined not less than $500 or more than $2,000.
(d) After a dog has been declared dangerous under § 3076F(a) of this title, only a dog that, without provocation, kills, attacks, or inflicts physical injury or serious physical injury upon a human being or domestic animal shall be seized and impounded by the Department and disposed of by euthanasia in accordance with subchapter I of this chapter. For purposes of this subsection, “provocation” means any of the exceptions to finding a dog dangerous or potentially dangerous contained in 3074F(a) or (b) of this title.
(e) After a dog has been declared potentially dangerous under § 3077F of this title, a dog that inflicts physical injury upon a domestic animal, or a dog that chases or pursues a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack, the dog shall be seized and impounded by the Department and the Department may file a civil action for a hearing to determine whether the dog is dangerous.
(f) Any fine imposed for a violation of this subchapter may not be suspended to any amount less than the minimum prescribed fine. The Justice of the Peace Court shall remit all fines imposed following a conviction for violation of this subchapter to the Department.
77 Del. Laws, c. 428, §  8;  80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 31, §  2;  81 Del. Laws, c. 96, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3080F. Finding to declare a dog nondangerous.

§ 3080F. Finding to declare a dog nondangerous.
If the Department fails to demonstrate by clear and convincing evidence that a dog is dangerous pursuant to § 3076F of this title or potentially dangerous pursuant to § 3077F of this title, the Justice of the Peace Court shall declare the dog to be nondangerous. Despite a finding that the dog is nondangerous, the Justice of the Peace Court may impose any condition deemed reasonable, given the circumstances of the case.
80 Del. Laws, c. 248, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter V. Dangerous and Potentially Dangerous Dogs › § 3081F. Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal.

§ 3081F. Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal.
(a) If the Justice of the Peace Court determines that a dog is dangerous, the Court may direct the Department to dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If the Justice of the Peace Court 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. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met.
(b) If the Justice of the Peace Court determines that a dog is potentially dangerous, the owner shall comply with all conditions that the Court orders under § 3077F(c)(4) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met.
(c) If another incident occurs within the period of time allowed for compliance under subsection (a) or (b) of this section, the Department shall immediately seize the dog and dispose of it in accordance with subchapter I of this chapter.
(d) If the Justice of the Peace Court determines a dog to be nondangerous, the dog shall be released to its owner, subject to any conditions imposed under § 3080F of this title.
(e) The Department or the owner, if the Justice of the Peace orders the dog to be euthanized, may appeal the Justice of the Peace Court's decision to the Court of Common Pleas within 15 days of the entry of the decision. The Court of Common Pleas shall review the appeal on the record. The filing of an appeal acts as a stay of the Justice of the Peace Court's decision, pending final disposition of the appeal. The appellant shall pay the cost of transcribing the Justice of the Peace Court recording and all documents must be submitted to the Court of Common Pleas within 15 days of filing an appeal.
80 Del. Laws, c. 248, §  6;  81 Del. Laws, c. 31, §  2;  81 Del. Laws, c. 96, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter VI. Research Animal Retirement Act. › § 3090F. Purpose.

§ 3090F. Purpose.
The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups.
81 Del. Laws, c. 272, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter VI. Research Animal Retirement Act. › § 3091F. Definitions.

§ 3091F. Definitions.
For purposes of this subchapter:
(1) “Animal rescue organization” means any nonprofit organization whose purpose is rescuing animals that are unwanted, abandoned, abused, or stray and finding permanent, adoptive homes for the animals.
(2) “Animal shelter” means as defined in § 3001F of this title.
(3) “Private placement” means an arrangement between the research facility and an individual seeking to adopt the retired animal.
(4) “Research facility” means a facility that does both of the following:
a. Conducts experiments on dogs or cats for research, education, testing, or other scientific purposes.
b. Receives public money, including a higher education research facility; or a facility that provides research in collaboration with a higher education facility; or has tax-exempt status.
(5) “Retired animal” means a cat or dog that has been previously used for research, education, testing, or other scientific purposes and is no longer required by the facility and has no substantial medical conditions or safety risks preventing successful integration into an adoptive home.
81 Del. Laws, c. 272, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter VI. Research Animal Retirement Act. › § 3092F. Adoption of cats and dogs used in research, education, or testing.

§ 3092F. Adoption of cats and dogs used in research, education, or testing.
(a) When a research facility that confines and uses dogs and cats for research, education, testing, or other scientific purposes no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall do 1 of the following:
(1) Offer the cat or dog to an animal rescue organization or animal shelter for adoption.
(2) Offer the cat or dog for adoption through a private placement.
(b) A research facility must enter into an agreement with an animal rescue organization or animal shelter for the implementation of this section.
81 Del. Laws, c. 272, § 1;