Delaware Code Title 16 Sec. 3043F – Inspections of facilities and premises; suspension of kennel or …
(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 appointment for the purpose of ascertaining whether the facilities satisfy the requirements specified in § 3044F of this title for the humane handling, care and treatment of dogs. No person may refuse admittance to an animal welfare officer for the purpose of making inspections.
Terms Used In Delaware Code Title 16 Sec. 3043F
- Animal welfare officer: means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. See Delaware Code Title 16 Sec. 3041F
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3041F
- Dog: means any dog or dog hybrid. See Delaware Code Title 16 Sec. 3041F
- Owner: means any person who owns, keeps, harbors, or is the custodian of a dog. See Delaware Code Title 16 Sec. 3041F
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Retail dog outlet: means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. See Delaware Code Title 16 Sec. 3041F
(b) Any animal welfare officer having probable cause to believe a violation of § 3044F of this title has or is taking place may enter upon the premises of the owner or custodian of any dog subject to such violation for purposes of investigating whether a violation of § 3044F of this title has occurred, provided that the investigation can be conducted without the animal welfare officer having to enter a dwelling house or other structure used in connection therewith. An animal welfare officer may enter into a dwelling house or other structure only under either of the following circumstances:
(1) With the permission of the owner or occupant of the dwelling house or other structure.
(2) Pursuant to a legally obtained search warrant.
(c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements specified in § 3044F of this title for the humane handling, care, and treatment of dogs, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have a warning period of a minimum of 10 business days to bring the premises or facility into compliance with § 3044F of this title, but the Department may extend the warning period by up to 60 days. If, upon expiration of the warning period, such premises or facilities have not been brought into compliance, the operator shall be fined in accordance with the terms specified in § 107(a) of this title. The Department may also issue an order suspending the kennel license or retail dog outlet license, if any, until the cited deficiencies are remedied. The licensee is entitled to an administrative review of such order as established by the Department in accordance with the Administrative Procedures Act (§ 10101 et seq. of Title 29).
(d) Whenever the Department suspends a license in accordance with this section, an animal welfare officer may seize and impound any dog in possession, custody, or care of the person whose license is suspended if there are reasonable grounds to believe that the dog’s health, safety, or welfare is endangered.
77 Del. Laws, c. 179, § ?2; 77 Del. Laws, c. 428, §§ ?1, 6; 80 Del. Laws, c. 248, § ?5; 81 Del. Laws, c. 96, § ?2;