SPONSOR:	Sen. Blevins & Rep. Jaques & Rep. George
	Sen. Peterson

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 156

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO DOGS.

Section 1. Amend §904(c)(2), Title 9 of the Delaware Code by inserting the following at the end of paragraph (c)(2):

“During the winter months, any dog house used as shelter pursuant to this paragraph must include dry and water-resistant materials such as straw or hay and must have a door flap. Dogs shall not be left outside if a hurricane warning, tropical storm warning, heat advisory warning, blizzard warning, flood warning, or tornado warning has been issued for the jurisdiction by the National Weather Service.”.

Section 2. Amend §904(d), Title 9 of the Delaware Code by adding an additional paragraph (5) to read as follows:

“(5) Use of tethers.

a. If a tether is used, the tether shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs, and so that the dog can roam to the full range of the tether. The tether shall be of a type commonly used for the size of dog involved, shall be made of material not normally susceptible to being severed by a dog through chewing or otherwise, and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be a minimum of the greater of 10 feet in length or 3 times the length of the dog, and shall allow the dog convenient access to shade and appropriate shelter and to food and spill-proof water containers.

b. Tethering is prohibited under the following circumstances:

(i) If the tether and/or related attachment(s) is not appropriate for the animal’s weight;

(ii) If the tether is attached by means of a pinch-type, prong-type, or choke-type collar, or if the collar is unsafe, or is not properly fitted;

(iii) If the tether inhibits the animal’s free movement or causes injury or entanglement;

(iv) If a dog is less than four months of age; or

(v) Between the hours of 11:00 p.m. and 6:00 a.m., unless the tether is used for less than a 15 minute period of time in the presence of the owner, custodian or caretaker.”.

Section 3. Amend §904(e)(4) by adding at the end of that paragraph the following:

“Dogs kept primarily outdoors shall have a spill-proof water receptacle. Potable water must be available on any property at which dogs are kept.”.