Delaware Code Title 16 Sec. 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.
a. Working dogs, which are dogs that are not merely pets but that learn and perform tasks to assist their human 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.
b. Dogs within a designated “off-leash” dog park or area, or within an area permitted by a governmental 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 is not subject to suspension.
Terms Used In Delaware Code Title 16 Sec. 3048F
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) [Repealed.]
(c) Whoever, being the owner, custodian, possessor, or harborer of any female dog, allows such dog to run or remain at large in this State while in heat shall be fined not less than $50 nor more than $100. For each subsequent offense occurring within 12 months of a prior offense, the owner, custodian, possessor, or harborer shall be fined not less than $100 or more than $200. The minimum fine for a subsequent offense shall not be subject to suspension. Allowing a female dog to run at large while in heat is a violation.
(d) Whoever, being the owner, custodian, possessor, or harborer of any dog that while running at large and without provocation, bites a person, shall be fined not less than $100 nor more than $500. For each subsequent offense involving the same dog, such owner, custodian, possessor, or harborer shall be fined not less than $750 or more than $1,500. The minimum fines provided for in this subsection, $100 for the first offense and $750 for each subsequent offense, shall not be subject to suspension.
(e) Upon conviction in any court of an offense under subsection (d) of this section, the court shall cause a report to be forwarded to the Department. Said report shall contain the name of the defendant, the name of the dog, the license number of the dog, the date of the offense, and the date of conviction. The Department shall maintain these reports for a period of 3 years.
77 Del. Laws, c. 428, § ?7; 80 Del. Laws, c. 248, § ?5; 82 Del. Laws, c. 238, § 2; 83 Del. Laws, c. 158, § 2;