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LAWS OF DELAWARE
VOLUME 83
CHAPTER 158
151st GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 179
AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL WELFARE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1325, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows:
(6) “Cruelty to animals” includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: Unjustifiable example, “cruelty to animals” includes the following: unjustifiable beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; tethering of any dog for 9 consecutive hours or more in any 24-hour period period, except on any farm; tethering any dog for any amount of time if the dog is under 4 months of age or is a nursing mother while the offspring are present, except on any farm; and failure to feed properly or give proper shelter or veterinary care to an animal.
Section 2. Amend § 3048F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 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: command.
(1) a. Working dogs (i.e. dogs, which are dogs that are not merely pets but that learn and perform tasks to assist their human companions) including but not limited to, 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; and functions.
(2) b. Dogs within a designated “off-leash” dog park or area, or within an area permitted by a governmental entity 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 shall not be is not 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) (1), (2) (2), (3) Under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian. [Repealed.]
Approved September 15, 2021