2012 Delaware Code
Title 9 - Counties
CHAPTER 9. DOGS
Subchapter I. General Provisions
§ 903. Inspections of facilities and premises; suspension of kennel or retail dog dealer license.

(a) Dog control agents 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 for the humane handling, care and treatment of dogs specified in § 904 of this title. It shall be unlawful for any person to refuse admittance to a dog control agent for the purpose of making inspections.

(b) Any dog control agent having probable cause to believe a violation of § 904 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 § 904 of this title has occurred; provided that the investigation can be conducted without having to enter a dwelling house or other structure used in connection therewith. A dog control agent may enter into a dwelling house or other structure only with the permission of the owner or occupant thereof or pursuant to a legally obtained search warrant, and is accompanied by a police officer or is a police officer as that term is defined in § 1911 of Title 11.

(c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements for the humane handling, care and treatment of dogs specified in § 904 of this title, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have a minimum of 10 business days to bring the premises or facility into compliance with § 904 of this title; provided, that this time period may be extended by the county, at its discretion, for 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into compliance, the operator shall be fined in accordance with the terms specified in [former] § 714 of Title 7 [repealed]. The county may also issue an order suspending the kennel license or retail dog outlet license, if any, until the cited deficiencies are remedied. The licensee shall be entitled to an administrative review of such order as established by the county in accordance with the Administrative Procedures Act [§ 10101 et seq. of Title 29].

(d) Whenever the county suspends a license in accordance with this section, a dog control agent 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.;