2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 30F. ANIMALS HELD IN SHELTER
Subchapter II Animal Population Control Program and Spay/Neuter Fund

• § 3010F Short title.
  • This subchapter shall be known and may be cited as the "Animal Population Control Program.'' 75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2.; § 3011F Findings. The General Assembly for the State of Delaware hereby finds that: (1) During 2002, of the 22,165 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand four hundred and nine (11%) were returned to their owners/guardians; while b. Seven thousand two hundred and ninety (33%) were adopted; and c. Twelve thousand six hundred and fifty-nine (57%) were euthanized. (2) During 2003, of the 24,510 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand one hundred and eighty-six animals (9%) were returned to their owners/guardians; while b. Seven thousand one hundred and twenty-five animals (29%) were adopted; and c. Thirteen thousand six hundred and fifty-three animals (56%) were euthanized. (3) During 2004, of the 21,254 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand one hundred and ninety-three animals (10.3%) were returned to their owners/guardians; while b. Five thousand five hundred animals (25.8%) were adopted; and c. Thirteen thousand and sixty-seven animals (61.4%) were euthanized. (4) During 2005, of the 21,062 dogs and cats which were received at Delaware's primary animal facilities or those received: a. Two thousand two hundred and ninety-nine animals (10.9%) were returned to their owners/guardians; while b. Five thousand eight hundred and thirty-seven animals (27.7%) were adopted; and c. Thirteen thousand five hundred and eighty three animals (64.4%) were euthanized. (5) As Delaware's human population growth rate increases so too will the population growth rate of the dog and cat populations, the intake at animal facilities and the consequent disposition rates associat
  • § 3011F Findings.
    • The General Assembly for the State of Delaware hereby finds that: (1) During 2002, of the 22,165 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand four hundred and nine (11%) were returned to their owners/guardians; while b. Seven thousand two hundred and ninety (33%) were adopted; and c. Twelve thousand six hundred and fifty-nine (57%) were euthanized. (2) During 2003, of the 24,510 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand one hundred and eighty-six animals (9%) were returned to their owners/guardians; while b. Seven thousand one hundred and twenty-five animals (29%) were adopted; and c. Thirteen thousand six hundred and fifty-three animals (56%) were euthanized. (3) During 2004, of the 21,254 dogs and cats which were received at Delaware's primary animal facilities, of those received: a. Two thousand one hundred and ninety-three animals (10.3%) were returned to their owners/guardians; while b. Five thousand five hundred animals (25.8%) were adopted; and c. Thirteen thousand and sixty-seven animals (61.4%) were euthanized. (4) During 2005, of the 21,062 dogs and cats which were received at Delaware's primary animal facilities or those received: a. Two thousand two hundred and ninety-nine animals (10.9%) were returned to their owners/guardians; while b. Five thousand eight hundred and thirty-seven animals (27.7%) were adopted; and c. Thirteen thousand five hundred and eighty three animals (64.4%) were euthanized. (5) As Delaware's human population growth rate increases so too will the population growth rate of the dog and cat populations, the intake at animal facilities and the consequent disposition rates associated therewith. (6) Controlling the dog and cat population would have a significant benefit to the public health and safety in the following manner: a. Reducing nuisance compla
    • § 3012F Purpose.
      • The purpose of the spay/neuter program is to assist low-income residents and low-income communities. The Animal Population Control Program's goals include: (1) Population growth among stray and unwanted cats and dogs; and (2) Stray and unwanted cats and dogs entering animal shelters; and (3) Cat and dog euthanasia rates; and (4) Animal-inflicted injuries to humans (e.g., bites); and (5) Threats to public health and safety (e.g., from rabies and vehicular accidents). 75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2.; § 3013F Definitions. (a) "Abandoned/free roaming/homeless/stray/unwanted animal'' — A cat or dog with no known owner or keeper or not wanted by its owner or keeper or that may be deserted by its owner or keeper. (b) "Administrator'' — Department of Health and Social Services. (c) "Animal control agency'' — Any state, county or municipally authorized animal control agency. (d) "Animal shelter'' — A public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. (e) "Cat'' — A member of the genus and species known as felis catus. (f) "Dog'' — A member of the genus and species known as canis familiaris. (g) "Feral cat'' — An offspring of abandoned domestic cats who reverts to a semi-wild state and lives outside in family groups called colonies. Feral cats have a temperament of extreme fear and resistance to contact with humans. (h) "Feral cat caretaker'' — A person or group of people who provide food and shelter to feral cats, and work or works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. (i) "Keeper'' — A person in possession or control of a cat, dog or other animal becomes the keeper of a stray domesticated animal, other than livestock, if the person feeds that animal for at least 3 cons
      • § 3013F Definitions.
        • (a) "Abandoned/free roaming/homeless/stray/unwanted animal'' — A cat or dog with no known owner or keeper or not wanted by its owner or keeper or that may be deserted by its owner or keeper. (b) "Administrator'' — Department of Health and Social Services. (c) "Animal control agency'' — Any state, county or municipally authorized animal control agency. (d) "Animal shelter'' — A public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. (e) "Cat'' — A member of the genus and species known as felis catus. (f) "Dog'' — A member of the genus and species known as canis familiaris. (g) "Feral cat'' — An offspring of abandoned domestic cats who reverts to a semi-wild state and lives outside in family groups called colonies. Feral cats have a temperament of extreme fear and resistance to contact with humans. (h) "Feral cat caretaker'' — A person or group of people who provide food and shelter to feral cats, and work or works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. (i) "Keeper'' — A person in possession or control of a cat, dog or other animal becomes the keeper of a stray domesticated animal, other than livestock, if the person feeds that animal for at least 3 consecutive days. (j) "Owner'' — Any person, firm, partnership, association or corporation owning, keeping or harboring a cat, dog or other animal. (k) "Program'' — The mandatory pre-adoption sterilization and rabies inoculation program established by and set forth in this subchapter for cats and dogs. (l) "Spay/neuter'' — To sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA approved pharmaceutical sterilization. 75 Del. Laws, c. 326, § 1; 76 Del. Laws, c. 284, § 1; 79 Del. Laws,
        • § 3014F Funding.
          • (a) Spay/Neuter Fund shall be established for the purpose of funding the Animal Population Control Program. (b) All moneys received by the administrator in accordance with the authority provided by this subchapter shall be deposited into a separate, nonlapsing account and shall be dedicated for use by the administrator exclusively for veterinarian reimbursement and administration costs associated with the Program and set forth in this subchapter. (c) All interest earnings shall be credited to the assets of the Fund and shall become part of the Fund. (d) Any balance remaining in the Fund at the end of any fiscal year shall be carried forward for the next fiscal year for this Program. (e) The Fund shall be created from a combination of the following: (1) On June 29, 2006, $250,000, subject to appropriation, shall be deposited in the account for use during fiscal year 2007. (2) In addition to the foregoing, a $3.00 surcharge shall be added to each rabies shot administered to cats and dogs in Delaware on or after September 1, 2006. It shall be the responsibility of the veterinarian administering the inoculation to collect said funds and forward same on a monthly basis, together with all applicable rabies inoculation verifications and other forms to the administrator. (3) The surcharge shall be deposited in the Fund's account and shall become part of the Fund's corpus. (4) The funding stream established in this section shall be evaluated on or before December 30, 2007, to assess the measurable impacts as set forth in § 8226 of this title and to determine the potential necessity for an extension of subsidized funding compared to the ability of the fund's corpus, as set forth below, to generate sufficient on-going revenues to provide a self-sustaining funding mechanism. (f) Soliciting and accepting funds from public or private sources: (1) The administrator is authorized to solicit and accept donations, grants, gifts, and bequests of money, property or
          • § 3015F Eligibility; division of Spay/Neuter Fund proceeds.
            • The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites: (1) An individual may qualify to participate in the program if the individual: a. Is 18 years of age or older; b. Is a resident of the State; c. Establishes proof of being a recipient of benefits from 1 of the following programs: 1. Food Stamps; 2. General Assistance; 3. Delaware Medical Assistance; 4. Social Security Disability (SSD), including an individual who was receiving Social Security Disability benefits at the time the individual reached full retirement age but whose benefits have since been converted to regular retirement benefits by the Social Security Administration; 5. SSI (Supplemental Security Income); 6. Temporary Assistance for Needy Families (TANF); 7. WIC [Women, Infants and Children]; 8. Veteran's Administration Disability Compensation (only if veteran has a disability rating of 50% or higher). d. Establishes proof of identity through photo identification; and e. Presents a Delaware feral cat or a Delaware stray dog or is the owner or keeper of the Delaware cat or Delaware dog being spayed or neutered to a participating veterinarian or clinic. (2) A corporation may qualify to participate in the Program if it: a. Is registered as a Delaware corporation with the Delaware Secretary of State, Division of Corporations; b. States in its corporate purpose clause or in its mission statement that its activities are devoted to animal rescue, animal welfare, or the humane treatment of animals; c. Applies these funds to animals who have their origin in Delaware; and d. Is exempt from federal taxation in accordance with Internal Revenue Code § 501(c)(3) [26 U.S.C. § 501(c)(3)]. (3) The first 2 years' fiscal allotment shall be divided by the administrator as follows: a. Approximately 75% of the funding shall be dedi
            • § 3016F Preadoption spay/neuter mandate.
              • (a) Effective on June 29, 2006, it shall be mandatory for all cats and/or dogs of reproductive age to be spayed or neutered and inoculated for rabies prior to adoption from any of the following: (1) A private animal welfare or rescue agency/group or organization; (2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof; or (3) An animal shelter as defined herein. (b) Exceptions to the preadoption spay/neuter mandate shall be limited to the following: (1) An animal which, following a medical examination by an accredited veterinarian, is found to be in a state of health which would preclude the safe and humane implementation of a spay/neuter procedure or rabies inoculation; or (2) A dog or cat under the age of 6 months provided that: a. The adopted shall post a deposit of $75; and b. In the absence of an exemption as provided in paragraph (b)(1) of this section above, said deposit shall be held by the adopting agency until such time as: 1. Said deposit is rebated to the adopter upon proof that the spay/neuter procedures has been completed within 5 months of the date of adoption; and 2. The animal has received a rabies inoculation in accordance with the existing laws governing rabies inoculations and such inoculation was not postponed beyond the seventh month of age; or 3. The deposit is disbursed subject to and in accordance with the procedures elaborated in § 3017F(c) of this title below. 75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2.; § 3017F Enforcement, violations and penalties. (a) The administrator shall adopt regulations pursuant to this subchapter relative to: (1) Format and content of all forms required under this subchapter. (2) Proof of eligibility under § 3015F of this title. (3) Administration of the Fund established under § 3018F of this title. (4)&e
              • § 3017F Enforcement, violations and penalties.
                • (a) The administrator shall adopt regulations pursuant to this subchapter relative to: (1) Format and content of all forms required under this subchapter. (2) Proof of eligibility under § 3015F of this title. (3) Administration of the Fund established under § 3018F of this title. (4) Any other matter necessary for the administration or enforcement of the Animal Population Control Program and Spay/Neutering Fund established under this subchapter. (b) Any person who knowingly falsifies proof of eligibility for, or participation in, any program established under this chapter, or who knowingly furnishes any licensed veterinarian with inaccurate information concerning ownership of a pet submitted for sterilization, or who falsifies an animal sterilization certificate shall be guilty of an unclassified misdemeanor and shall be subject to a minimum mandatory fine, which shall not be subject to suspension, of $250. (c) Failure to spay/neuter a dog or cat once within the parameters established in § 3016F of this title: (1) In the absence of a medical exemption resulting from an examination by an accredited veterinarian, which finds that the dog/cat has reached reproductive age but is in a state of health which precludes the safe and humane implementation of a spay/neuter procedure or rabies inoculation (as is outlined in § 3016F(b)(1) of this title above) the adopter's spay/neuter deposit shall be escheated to the Fund's corpus after the specified timeframe has lapsed, and the proceeds shall be disbursed in accordance with the guidelines and process elaborated in § 3015F of this title. (2) The administrator shall be notified and prosecution shall follow. (3) In addition to the forfeiture of the spay/neuter deposit, which shall not be subject to suspension, the adopter shall be responsible for the actual cost of having the animal spayed/neutered and inoculated for rabies within a period of 15 calendar days. (4) In addition to the forfei
                • § 3018F Program administration.
                  • (a) The administrator shall administer the Program and shall be responsible for: (1) Distributing, collecting and compiling all forms, including but not limited to, veterinarian participation agreements, sterilization and immunization certifications, and creating a database there from for enforcement and accountability purposes; and (2) Maintaining a list of participating veterinarians; and (3) Determining keeper/owner eligibility; and (4) Collecting co-payments; and (5) Obtaining the maximum number of spay/neuter/inoculation procedures available to the Program's financial parameters per calendar year. (b) All reimbursement shall be through the administrator. (c) The cost of the program manager position to administer the Pet Population Control Spay/Neuter Program shall be paid for out of General Funds until this Special Fund of $500,000, at which time the position and support costs shall be paid for out of Appropriated Special Funds. 75 Del. Laws, c. 326, § 1; 76 Del. Laws, c. 284, § 5; 79 Del. Laws, c. 377, § 2.; § 3019F Veterinarian participation. (a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the administrator spanning a 2-year period from date of approval agreeing to all preset fees and program conditions. Preset fees shall be set by the administrator, in consultation with the Delaware Veterinary Medical Association and shall be subject to revision at 2-year intervals. (b) For all cats or and dogs sterilized under this Program, the administrator shall reimburse the veterinarians or business they work for or the 501(c)(3) [26 U.S.C. § 501(c)(3)] organization for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation; spay/neuter surgery, rabies vaccination and routine postsurgical care required by the servicing veterinarian's postoperative prot
                  • § 3019F Veterinarian participation.
                    • (a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the administrator spanning a 2-year period from date of approval agreeing to all preset fees and program conditions. Preset fees shall be set by the administrator, in consultation with the Delaware Veterinary Medical Association and shall be subject to revision at 2-year intervals. (b) For all cats or and dogs sterilized under this Program, the administrator shall reimburse the veterinarians or business they work for or the 501(c)(3) [26 U.S.C. § 501(c)(3)] organization for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation; spay/neuter surgery, rabies vaccination and routine postsurgical care required by the servicing veterinarian's postoperative protocol. The keeper/owner/caretaker shall be responsible for the payment of any additional fees for procedures mutually agreed upon and administered by the veterinarian that are not covered under this Program. (c) To receive reimbursement for procedures performed, the participating veterinarian or business they work for or the 501(c)(3) [26 U.S.C. § 501(c)(3)] organization shall submit an animal sterilization form signed by the owner of the dog or cat and the veterinarian together with a copy of the completed Spay/Neuter Fund Certificate to the administrator. (d) The current rabies forms shall be revised in such a manner as to create an area for recording a serialized tag number for purposes of accountability. (e) This process shall also apply to all inoculations clinics except that it shall also be the responsibility of the organization conducting the clinic to maintain copies of the certificates for a minimum of 12 months after the expiration date of the vaccination. (f) In addition to that which is already established by law, a copy of the rabies registration form shall be generated and
                    • § 3020F Veterinarian services tax credit.
                      • Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008.; § 3021F Performance measurement. Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made. (1) To measure the performance of this Program, the administrator shall establish a standardized statewide yearly reporting system for the following: a. The number of spay/neuter surgeries; and b. The number of rabies inoculations performed pursuant to this subchapter; and c. Cat and dog shelter intake statistics; and d. Euthanasia statistics; and e. Such other criteria as the administrator shall find necessary for the purposes of performance review analysis. (2) The Performance Review Committee shall be reinstated as the Spay/Neuter Performance Review Committee (the Committee). The Committee shall consist of the following members or their respective designees: a. The Secretary of the Department of Health and Social Services, shall serve as an ex officio nonvoting member and shall also act as Chairperson of the Committee; b. The Director of the Division of Public Health, or a designee having knowledge in the area of rabies control; c. The President of the Delaware Veterinary Medical Association; d. The President of the Board of Directors of the First State Animal Center—Delaware Society for the Prevention of Cruelty to Animals; e. The President of the Board of Directors of the First State Animal Center—SPCA; f. The President of the Board of Directors of Faithful Friends Animal Society; g. The President of the Board of Directors of the Delaware Humane Association; h. The Director of the Division of Social Services; and i. Six additional members appointed by the Chairperson, including 2 members from each county, each of whom shall be a veterinarian or a representative of an animal rescue organization not cited above. (3) The Chairperson shall schedule Committee meetin
                      • § 3021F Performance measurement.