2012 Delaware Code
Title 9 - Counties
CHAPTER 9. DOGS
Subchapter I. General Provisions
§ 908. Dogs running at large.

(a) No dog shall be permitted to run at large at any time, unless the dog is accompanied by the owner or custodian and under the owner's or custodian's reasonable control and is licensed in accordance with county ordinances, except that a person who is an occupant of a farm or property containing 20 acres or more on which there are no more than 3 resident dwelling units may permit a dog to run at large between October 1 and the last day of February, next following. Any owner or custodian who violates this subsection shall be fined not less than $25 or more than $50. 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 shall not be subject to suspension. For the purposes of this section, the term "dog" shall mean any dog or dog hybrid. Allowing a dog to run at large is a violation.

(b) The owner or custodian of every dog shall, at all times between the hours of sunset and sunrise of each day, keep such dog either:

(1) Confined within an enclosure from which it cannot escape; or

(2) Firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured; or

(3) Under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.

(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 person 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 county in which the offense occurred or to the dog control authority in each county as designated by the county. 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 county shall maintain these reports for a period of 3 years.

77 Del. Laws, c. 428, § 7.;