Delaware General Assembly

House Appropriations 5/9/23

Committee Hearing takes place within twelve legislative days.

4/20/23

Morrison

Sen. Gay
Rep. Minor-Brown

Sen. Hocker
Reps. Baumbach, Gray, Ramone, Wilson-Anton

AN ACT TO AMEND TITLE 7 AND TITLE 16 OF THE DELAWARE CODE RELATING TO NOISE CONTROL AND ENFORCEMENT OF LAWS FOR PROTECTION AND CONTROL OF ANIMALS AND BARKING DOGS.

This Act eliminates animal noise and noise disturbances from the Noise Control and Abatement Chapter in Title 7. This Act clarifies the authority of the Office of Animal Welfare and Department of Agriculture to enforce all state laws relating to the protection and control of animals with, as occasion requires, the assistance of police officers. This Act also adds restrictions concerning barking dogs with other provisions concerning dogs currently being enforced by the Office of Animal Welfare. This Act does not prohibit municipalities from enforcing their own dog laws or ordinances if they have their own enforcement agency. This Act clarifies that police officers shall assist the Office of Animal Welfare, as occasion requires, with the enforcement of all State and local dog control laws. This Act prohibits the owner or person in possession or control of a dog from allowing the dog to bark for an extended period, defined as continuously for 15 minutes or more, or intermittently for 30 minutes or more. The Act exempts barking dogs if:(1) a person is trespassing on private property;(2) an animal is intruding on private property; (3) the dog is being teased or provoked. The Act exempts dogs located in:(1)animal shelters; (2) pet stores; (3) dog grooming facilities; (4) veterinarian offices; (5) animal clinics. The Act also exempts dogs engaged in:(1) dog training;(2) dog exhibition; (3) lawful performance competitions; (4) hunting; (5) herding. Civil penalties are a written warning for the first violation, $50 for a second violation, if it occurs more than 7 days after the first violation, $100 for a third violation and $150 for all subsequent violations. This Act is effective 1 year after enactment.

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Takes effect upon being signed into law

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