2012 Delaware Code
Title 9 - Counties
CHAPTER 9. DOGS
Subchapter I. General Provisions
§ 902. Fees for dog and kennel licenses; terms.

(a) Dog licenses. -- Each county shall issue dog licenses. Every dog owner shall obtain said dog license in the county in which the dog owner resides or where the retail dog outlet is located. Any dog license purchased from the Department of Natural Resources and Environmental Control shall remain valid through the expiration date noted, at which time a license must be purchased from the county. The counties, in their discretion, shall set the license fees and provide applications for the following licenses:

(1) Individual dog owner licenses. -- Except for persons residing within the corporate limits of the City of Wilmington, the owner of any dog, 6 months of age or older, on or before March 1, shall apply to the county or its duly authorized agents on a form prescribed by the county for an individual dog owner license for such dog. All individual dog owner licenses shall be valid through December 31, and the valid period of the license is to be determined by the county but may not exceed 3 years. The counties may, in their discretion, charge up to $10, on an annual basis, for an individual dog owner license for a spayed or neutered dog and up to $15, on an annual basis, for an individual dog owner license for an unspayed or unneutered dog.

(2) Retail dog outlet licenses. -- Each owner of a retail dog outlet in the State must apply to the county for a retail dog outlet license on or before March 1. A retail dog outlet license shall be valid through December 31 but may not exceed 1 year.

(3) Kennel licenses. -- Any person who maintains a kennel wherein more than 4 dogs are kept for show, trial, sale, breeding or other purposes may apply to the county in which the kennel owner resides or its duly authorized agents on a form prescribed by the county for a kennel license in lieu of an individual dog owner license for each dog. Kennel licenses shall be valid through December 31, and shall not be valid for more than 1 calendar year.

(4) Lost or stolen dog licenses or tags. -- Each county shall adopt a policy to issue a replacement individual dog owner license, retail dog outlet license or kennel license, or the tags accompanying such license, and shall set the fees for such replacement licenses or tags.

(5) The license fee limitations of $10 for a spayed or neutered dog and $15 for an unspayed or unneutered dog as set forth in paragraph (a)(1) of this section shall expire July 22, 2011, unless otherwise provided by a subsequent act of the General Assembly.

(b) Upon application and payment of the fee for an individual dog owner license, retail dog outlet license, or kennel license, the applicant shall be entitled to receive a license, provided proof of a currently valid rabies vaccination can be presented for each dog for which the license is sought. Each individual dog owner license, retail dog outlet license and kennel license shall show the date on which the license fee is paid. The county or its duly authorized agent shall issue each license showing the year for which the license is paid and the serial number of the license. Each issued license will be accompanied by either a metal tag or an alternative method of identification, such as, but not limited to, a microchip or tattoo. In the event a dog tag is issued, the tag shall be of a design to be adopted by the county, and shall be affixed to the collar by the owner of such dog. Dog collars with associated county tags may be removed and need not be worn at all times when the dog is licensed as [sic] a kennel or retail dog outlet and is housed in an enclosure or a pen. If the collar has been removed, a valid dog tag and license must be readily available for review by a dog control agent as proof that the individual dog is licensed. Dogs engaged in the act of hunting are exempted from wearing county tags while they are in the act of hunting, but must have some means of valid identification on the dog, and a valid dog tag and license must be available for review by a dog license agent while the dog is in the act of hunting.

(c) Whoever fails to secure a valid dog license, retail dog dealer's license or kennel license for the calendar year on or before March 1, or when otherwise required by this section shall be fined not less than $50. The county may impose fines in excess of $50. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100. The county may impose fines in excess of $100 for subsequent offenses. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license tax is a violation.

(d) Each county may revoke any individual dog owner license, retail dog outlet license or kennel license issued by said county, and may deny any person the right to secure any such license for a period of time within the Department's discretion, if the licensee or person has been convicted of animal cruelty under the laws of Delaware or any state or federal law.

(e) The license fee set by the county pursuant to subsection (a) of this section shall not be required to be paid when the dog is one which qualifies as a seeing eye, lead or guide dog or as a dog which has previously served in a branch of the United States armed forces. The county shall issue either a metal license tag or an alternative method for identification in accordance with subsection (b) of this section to such persons without the necessity of the payment of the dog license fee.

77 Del. Laws, c. 179, § 2; 77 Del. Laws, c. 428, § 6.;