Title 16, Health and Safety

§ 3004F. Euthanasia in animal shelters [Effective until Jan. 1, 2027]. (a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by t…

§ 3005F. Proper facilities required. Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained pe…

§ 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court. (a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall…

§ 3007F. Record keeping and reporting. Animal shelters shall maintain records regarding the following information: (1) Intake and outcomes data by type for all animals. (2) Number of animals at beginning and end of period. (3) Number of spay/neuter surgeries performed for shelter…

§ 3008F. Enforcement. (a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter. (b) The Department will conduct at least annual inspection of every animal shelter. (…

§ 3009F. Facilities; primary enclosures; sanitation and disease control. (a) Facilities. — (1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized. (2) Indoor housing facilities for…

§ 3010F. Short title. This subchapter shall be known and may be cited as the “Animal Population Control Program.”75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2; 84 Del. Laws, c. 477, § 1;

§ 3011F. Findings [Repealed].75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2; repealed by 84 Del. Laws, c. 477, § 1, effective Oct. 9, 2024.;

§ 3012F. Purpose. The purpose of the Animal Population Control Program is to decrease the number of stray and unwanted cats and dogs. The Program’s goals include a reduction in the following: (1) Population growth among stray and unwanted cats and dogs. (2) Stray and unwanted cat…

§ 3013F. Definitions [Effective until Jan. 1, 2027]. As used in this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. (2)…

§ 3014F. Funding. (a) A Spay/Neuter Fund is established for the purpose of funding the Program. (b) All moneys received by the Department in accordance with the authority provided by this subchapter shall be deposited into a separate, nonlapsing account and shall be dedicated for…

§ 3015F. Eligibility; division of Spay/Neuter Fund proceeds. The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites: (1) An individual may qualify to participate …

§ 3016F. Preadoption spay/neuter mandate. (a) Except as provided in subsection (b) of this section, cats and dogs must be spayed or neutered and inoculated for rabies, or have a valid exemption from vaccination under § 8204 of Title 3, prior to adoption from any of the following:…

§ 3017F. Enforcement, violations and penalties. (a) The Department shall adopt regulations pursuant to this subchapter relative to: (1) Format and content of all forms required under this subchapter. (2) Proof of eligibility under § 3015F of this title. (3) Administration of the …

§ 3018F. Program administration. (a) The Department shall administer the Program and is responsible for all of the following: (1) Determining eligibility of individuals and nonprofit organizations. (2) Management of nonprofit grants and reporting. (3) Directing the collection of …

§ 3019F. Veterinarian participation. (a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the Department agreeing to all preset fees and program co…

§ 3020F. Veterinarian services tax credit. Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008.

§ 3021F. Performance measurement. Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made. (1) To measure the performance of this Program, the Department shall establish a standardized statewide yearl…

§ 3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture [Effective until Jan. 23, 2027]. (a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce …

§ 3032F. Enforcement of laws for protection and control of animals. All police officers shall, as occasion requires, assist the Office of Animal Welfare and the Department of Agriculture, in the enforcement of all laws which are enacted for the protection and control of animals.C…

§ 3033F. Fines and penalties [Effective until Jan. 23, 2027]. All fines, penalties and forfeitures, imposed and collected in the State under every act relating to or affecting cruelty to animals, animal fighting, dog control, dog barking, or dangerous animals, shall be remitted t…

§ 3034F. Service of process [Effective until Jan. 23, 2027]. Any warrant, subpoena, summons, or other process issued in relation to animal cruelty and fighting, dog control, or dangerous animal laws may be directed to and executed by any trained and certified animal welfare offic…

§ 3035F. Impoundment. (a) Any trained and certified animal welfare officer working for the Office of Animal Welfare or the Department of Agriculture, or any law-enforcement officer as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty or animal figh…

§ 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 i…

§ 3037F. Mandatory reporting requirement [For application of this section, see 85 Del. Laws, c. 415, § 4]. (a) For purposes of this section: (1) “Animal” means as defined under § 1325 of Title 11. (2) “Cruelty to animals” means as defined under § 1325 of Title 11. (3) “Veterinari…

§ 3041F. Definitions [Effective until Jan. 1, 2027]. As used in this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and …

§ 3042F. Fees for dog licenses; terms [Effective until Jan. 23, 2027]. (a) Dog licenses. — The Department shall issue dog licenses and may, under § 3045F of this title, authorize agents to issue dog licenses. The Department shall provide applications for the following dog 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…

§ 3044F. Specifications for the humane handling, care, and treatment of dogs. (a) General facilities. — (1) Structural strength. — Housing facilities for dogs shall be designed and constructed so that they are structurally sound. They shall have no sharp points or edges that coul…

§ 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…

§ 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…

§ 3047F. Rules and regulations [Repealed].77 Del. Laws, c. 179, § 2; 77 Del. Laws, c. 428, § 6; repealed by 80 Del. Laws, c. 248, § 5, eff. May 25, 2016.;

§ 3048F. Dogs running at large. (a) (1) Unless exempted under this section, a dog may not run at large outside at any time. A dog must be secured by means of a leash that is capable of physically restraining the movement of the dog. A dog is not at large if it is within the real …

§ 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;

§ 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 …

§ 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-def…

§ 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;

§ 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 …

§ 3054F. Impounding of dogs running at large. Any dog found running at large contrary to any of the provisions of this chapter may be impounded and disposed of as provided for in subchapter I of this chapter and any additional rules and regulations the Department may adopt. No im…

§ 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…

§ 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…

§ 3057F. Barking dogs. (a) No person who owns, possesses, harbors, or controls a dog may allow the dog to cause a noise disturbance by barking, whining, or howling for an extended period. An extended period means continuously for a period of 15 minutes or, intermittently, for 30 …

§ 3058F. State dog law management. (a) In order to enforce this subchapter, the Department or a municipality shall authorize the hiring of, or contract for, sufficient animal welfare officers to accomplish the purposes of this subchapter. (b) All animal welfare officers shall be …

§ 3059F. Rules and regulations. The Department may adopt, amend, modify, or repeal ordinances, rules, and regulations to effectuate the policy and purposes of this chapter.77 Del. Laws, c. 428, § 7; 80 Del. Laws, c. 248, § 5; 84 Del. Laws, c. 486, § 3;

§ 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, a…

§ 3072F. Dog Control Panel; establishment; organization [Repealed].77 Del. Laws, c. 428, § 8; 70 Del. Laws, c. 186, § 1; repealed by 80 Del. Laws, c. 248, § 6, eff. May 25, 2016.;