SPONSOR:

Sen. McBride & Rep. Spence ;

Reps. Maier, Ulbrich

DELAWARE STATE SENATE

141st GENERAL ASSEMBLY

SENATE BILL NO. 375

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS.

WHEREAS, dangerous and potentially dangerous dogs are a serious and widespread threat to the safety and welfare of the citizens of Delaware; and

WHEREAS, assaults without provocation can not only seriously injure innocent people, particularly children, they have the potential to maim or kill humans and animals alike; and

WHEREAS, many unprovoked attacks occur in public places; and

WHEREAS, the number and severity of attacks are attributable to the failure of owners to properly confine or control dangerous or potentially dangerous dogs; and

WHEREAS, the necessity for regulation and control of dangerous or potentially dangerous dogs is a statewide problem, requiring statewide regulations to deal with the threat to public health and safety posed by dangerous and potentially dangerous dogs;

NOW THEREFORE:

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 § 1735(b), Title 7 of the Delaware Code, by redesignating paragraphs (3), (4), and (5) thereof as paragraphs (5), (6), and (7) respectively and by inserting therein the following new paragraphs:

"(3) Within 10 days of the finding, the dog is registered with the Department of Natural Resources and Environmental Control as a dangerous dog and two colored photographs are provided to the Department clearly showing the color and approximate size of the animal;

(4) A registration number, assigned to the dog by the Panel, is tattooed by a licensed veterinarian, or other representative of the Department properly authorized to perform the procedure, on the dog's upper lip, inner thigh, or elsewhere as directed by the Panel, unless one was otherwise assigned to and tattooed on the animal pursuant to § 1736 of this title;

Section 2. Amend § 1736(a)(2), Title 7 of the Delaware Code, by striking the word "or" as it appears at the end thereof.

Section 3. Amend § 1736(a)(3), Title 7 of the Delaware Code, by striking the phrase "a 12-month period." And by substituting in lieu thereof the phrase "a 36-month period;".

Section 4. Amend § 1736(a), Title 7 of the Delaware Code, by adding thereto the following:

"(4) When unprovoked, on two separate occasions within a 36-month period, engaged in any behavior that required a defensive action by any person to prevent bodily injury when the person and the dog were off the property of the owner or keeper of the dog;

    1. Has a propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

    2. Engages in, or has been trained to engage in, exhibits of dog fighting."

Section 5. Amend § 1736(b)(2), Title 7 of the Delaware Code, by striking the word "and" as it appears at the end thereof.

Section 6. Amend § 1736(b)(3), Title 7 of the Delaware Code, by striking the phrase "substantial chain or leash" as it appears therein and by substituting in lieu thereof the phrase "chain or leash having a minimum tensile strength of 300 pounds".

Section 7. Amend § 1736(b)(3), Title 7 of the Delaware Code, by striking the period (".") as it appears at the end thereof and by substituting in lieu thereof a semi-colon (";").

Section 8. Amend § 1736(b), Title 7 of the Delaware Code, by adding thereto the following:

"(4) Within 10 days of the finding, the dog is registered with the Department of Natural Resources and Environmental Control as a potentially dangerous dog and two colored photographs are provided to the Department clearly showing the color and approximate size of the animal;

    1. A registration number, assigned to the dog by the Panel, is tattooed by a licensed veterinarian, or other representative of the Department properly authorized to perform the procedure, on the dog's upper lip, inner thigh, or elsewhere as directed by the Panel; and

    2. The dog owner displays, in a conspicuous manner, a sign on his or her premises, which is visible from the closest public highway or 100 feet whichever is closer, warning that a potentially dangerous dog is on the premises."

Section 9. Amend § 1736, Title 7 of the Delaware Code, by adding thereto a new subsection as follows:

"(d) It shall be unlawful for the owner of a dog which has been declared to be a potentially dangerous dog pursuant to subsection (a) of this section to sell, offer for sale, or give away said dog to any other person or entity other than an animal control agency unless and until the dog is no longer deemed to be potentially dangerous pursuant to subsection (c) of this section."

Section 10. Amend Title 7 of the Delaware Code by striking § 1739 thereof in its entirety and by substituting in lieu thereof the following:

"§ 1739. Violations by owners of dangerous or potentially dangerous dogs; criminal penalties.

    1. For a violation of § 1735(b)(6) or § 1736(b) of this title, the owner of the dangerous dog or potentially dangerous dog is guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $100 for a first offense. For a second or subsequent offense, the person shall be fined not less than $100 nor more than $500.

    2. For a violation of § 1735(b)(1), (b)(3), (b)(4), or (b)(7) of this title, the owner of the dangerous dog is guilty of a class B misdemeanor and shall be fined not less than $100 nor more than $500 for a first offense. For a second or subsequent offense, the person shall be fined not less than $500 nor more than $1,000.

    3. For a violation of § 1735(b)(2), (b)(3) or (c), or § 1736(d) of this title, the owner of the dangerous dog is guilty of a class A misdemeanor and shall be fined not less than $500 nor more than $1,000 for a first offense. For a second or subsequent offense, the person shall be fined not less than $1,000 nor more than $2,000.

    4. Any dog declared dangerous pursuant to § 1735(a) of this title, which, after having been declared dangerous, kills, attacks or inflicts physical injury or serious physical injury, without provocation upon a human being or domestic animal, shall be seized and impounded by the animal control agency and disposed of by euthanasia in accordance with Chapter 80 of Title 3.

    5. Any fine imposed for a violation of this subchapter shall not be suspended to any amount less than the minimum prescribed fine."

Section 11. Amend Title 7 of the Delaware Code by adding thereto a new section as follows:

"§ 1741. Civil liability.

    1. The owner of any dog that has bitten a human being shall take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.

    2. Whenever a dog has bitten a human being on at least two separate occasions, any person, including the Attorney General or an attorney for any county or municipal government with primary jurisdiction over the location where the bite occurred, may bring an action in any court of competent jurisdiction against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. The court may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, ordering the seizure and impoundment of the animal pursuant to § 1732 of this title or that the animal be euthanized pursuant to Chapter 80 of Title 3.

    3. Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the Attorney General or an attorney for any county or municipal government with primary jurisdiction over the location where the bite occurred, may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. The court may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, ordering the seizure and impoundment of the animal pursuant to § 1732 of this title or that the animal be euthanized pursuant to Chapter 80 of Title 3.

    4. There shall be no recovery in any action brought pursuant to this section for injuries 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.

    5. There shall be no recovery in any action brought pursuant to this section for injuries caused by a dog used in military or police work if the injuries occurred while the dog was actually performing in that capacity."

SYNOPSIS

This Act modifies Delaware's law governing dangerous and potentially dangerous dogs by implementing several provisions currently available and enforced in the State of California. This Act requires that dangerous and potentially dangerous dogs be registered with the Department of Natural Resources and Environmental Control as such. This Act further requires that the owner or keeper of a dangerous or potentially dangerous dog have a registration number assigned to the dog by the Dog Control Panel tattooed on the dogs body and provide two color photographs of the dog.

While current law prohibits the sale or transfer of dangerous dogs in the State to anyone other than an animal control agency, the same does not apply to potentially dangerous dogs. Therefore, this Act prohibits the sale or transfer of a potentially dangerous dog to any person other than an animal control agency during the time the dog is deemed to still be potentially dangerous. This means that a person would be prohibited from selling the dog, offering the dog for sale, or giving the dog away unless and until 24-months elapse from the date the dog was declared potentially dangerous with no additional instances of dangerous behavior as described in the law.

This Act increases the criminal penalties associated with certain violations following a finding by the Dog Control Panel that a dog is dangerous or potentially dangerous by classifying such offenses as unclassified, class B, or class A misdemeanors and by increasing the applicable fines for each offense.

This Act expands the ability of private citizens and the state to bring a civil action against the owner of a dog that has bitten a human and requires that such owner take reasonable steps to remove any danger presented to other persons from bites by the animal. As with similar statutes, this Act does not apply to dogs used in military or police work while the dog is actually performing in that capacity.

Author: Senator McBride