Delaware Statutes

Statute by categorysort descending Citation Summary
DE - Assistance Animal - Delaware's Assistance Animal/Guide Dog Laws 16 Del.C. § 3042F; 16 Del.C. § 3056F; 16 Del.C. § 9501 - 9506; 21 Del.C. § 4144; 6 Del.C. § 4501 - 4516; 31 Del.C. § 2117

The following statutes comprise the state's relevant assistance animal and guide dog laws.

DE - Cruelty - Consolidated Cruelty Statutes 11 Del.C. § 1325 - 1327;16 Del.C. § 3001F - 3008F; 11 Del.C. § 775

These Delaware sections comprise the state's anti-cruelty and animal fighting provisions.  Delaware's anti-cruelty section provides that cruelty to animals is when a person intentionally or recklessly subjects any animal (excluding fish, crustacea or molluska) to cruel mistreatment, cruel neglect, or kills or injures any animal belonging to another person.  Actively engaging in animal fighting activities is a class F felony while being a spectator at a fight is a class A misdemeanor.

DE - Dangerous - Delaware Dangerous Dog Laws 16 Del.C. §§ 3071F to 3081F

These Delaware statutes comprise the state's dangerous dog laws.  Among the provisions includes the mandatory seizure of dogs who have chased or pursued persons on bicycles twice in a twelve-month period or those that have killed or inflicted serious injury on people or other domestic animals.  However, no dog shall be considered dangerous or potentially dangerous if a person was, at the time the injury was sustained, committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.  An owner who violates the provisions regarding ownership of dangerous dogs faces graduated fines based on the conduct at issue.

DE - Dogs - Consolidated Dog Laws 16 Del.C. § 3041F - 3059F; 16 Del.C. § 3071F - 3081F; 3 Del.C. § 8201 - 8213; 16 Del.C. §§ 3010F - 3021F; 6 Del.C. § 4001 - 4011; 7 Del.C. § 1701 - 1740

These statutes comprise Delaware's dog laws.  Among the provisions include licensing requirements, laws concerning hunting field trials, and the dangerous dog subchapter.

DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES 7 Del.C. § 601 - 605

Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor.

DE - Equine Activity Liability - § 8140. CHAPTER 81. PERSONAL ACTIONS. 10 Del.C. § 8140

This Delaware statute provides that an equine activity sponsor, an equine professional or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities.  Liability is not limited, however, when the equine professional knowingly used faulty tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage in the activity, owns or otherwise is in lawful possession of the land upon which the participant sustained injuries because of a dangerous latent condition which was known, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant.  Equine professionals and sponsors are also required to post warning signs alerting the participants to the limitation of liability by law.

DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE 3 Del.C. § 7201 - 7203

This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes.

DE - Fur - Chapter 5. Specific Offenses 11 Del.C. § 1325A

In Delaware, a person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat. The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor. A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat. The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.

DE - Hunting - Chapter 7. Regulations and Prohibitions Concerning Game and Fish. 7 Del.C. § 704

This Delaware statute provides that no person shall make use of any pitfall, deadfall, scaffold, cage, snare, trap, net, pen, baited hook, lure, urine or baited field or any other similar device for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State, except as otherwise specified.  It further states that no person shall make use of any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State.  Use of such devices and contrivances, when found unlawfully set or placed, are subject to confiscation.

DE - Hunting - Chapter 7. Regulations and Prohibitions Concerning Game and Fish. Subchapter I. General Provisions. § 724. Wilful 7 Del.C. § 724

This Delaware law reflects the state's hunter harassment provision. Under the law, no person shall wilfully obstruct or impede the participation of any individual in the lawful taking of fish, crabs, oysters, clams or frogs; the lawful hunting of game birds or animals; or the lawful trapping of any game animals. Violation is a class B environmental misdemeanor. Incidental interference is not unlawful.

DE - Hunting - § 739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties 7 Del.C. § 739

Delaware law makes it a Class A environmental misdemeanor to disturb or damage the nest or eggs of a bald eagle or to kill or possess a bald eagle. It is also prohibited to barter and trade in bald eagles or their parts.

DE - Hunting, Internet - § 704(h). Prohibited hunting and trapping devices and methods; confiscation of devices; primitive weapon season 7 Del.C. § 704(h)

Section (h) of this Delaware law on prohibited hunting methods prohibits "Internet hunting." Under the law, no person shall operate, provide, sell, use, or offer to operate, provide, sell, or use any computer software or service that allows a person not physically present at a hunt site to remotely control a weapon that could be used to take a live animal or bird by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device.

DE - Ordinances - Local ordinances (dogs) 7 Del.C. § 1740 - Repealed by 77 Laws 2010, ch. 428, § 5, eff. July 1, 2010

(Repealed). This Delaware statutes provides that nothing shall prevent a local municipality from enacting measures or a program for the control of dangerous or potentially dangerous dogs.   

DE - Pet Sales - CHAPTER 40. PET WARRANTIES 6 Del.C. § 4001 - 4011

This Delaware statutory section comprises the state's "pet warranty" laws.  Purchasers receive a statement of the dog's breed and any registration information when buying pets from a retail pet store under the law.  Sellers are required to disclose any known disease or illness at the time of sale.  Further, sellers must provide the following written statement when selling a registered pet:  "A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."  Buyers may receive a refund or replacement, or have veterinary expenses reimbursed by a seller where a dog becomes ill or dies within 20 days of purchase (or within two years for a congenital disorder).

DE - Property - § 3050F. Dogs deemed personal property; theft; penalty 16 Del.C. § 3050F

Dogs are considered personal property in Delaware.

DE - Rabies - Subchapter I. Rabies Control in Animal and Human Populations 3 Del.C. § 8201 - 8213

The purpose of this chapter is to control and suppress the spread of rabies among the domestic and wild animal populations of Delaware. Any person owning a dog 6 months of age or older in this State shall have that dog vaccinated against rabies by a veterinarian. Any person owning a cat 6 months of age or older in this State shall have the cat vaccinated against rabies by a veterinarian. Any person owning a ferret 6 months of age or older in this State shall have the ferret vaccinated against rabies by a veterinarian.

DE - Spay, Neuter and Feral Cat - Subchapter II. Animal Population Control Program and Spay/Neuter Fund 16 Del.C. § 3010F - 3021F

This chapter represents Delaware's Animal Population Control Program. The section beings with findings from a 2002 study of how many dogs and cats were reclaimed, adopted out, or euthanized. It also has a definitional section that includes a definition for "feral cat." The chapter also describes its funding base and what parties are qualified to receive assistance under the Spay/Neuter Fund. Effective on June 29, 2006, it became mandatory for all cats and/or dogs of reproductive age to be spayed or neutered and inoculated for rabies prior to adoption from any private animal rescue groups and animal shelters.

DE - Tether, dog - Chapter 9. Dogs. 16 Del.C. § 3044F

This Delaware statute addresses the requirements for indoor and outdoor facilities housing dogs. It includes storage, drainage, waste disposal, ventilation, lighting, shelter, height, and surface requirements. Food, water, and use of tethers are also addressed. The tether shall be of a type commonly used for the size dog involved, made of material not normally susceptible to being severed by the dog through chewing or otherwise, and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be a minimum of 10 feet in length and allow the dog convenient access to the dog house and to food and water containers.

DE - Trust for care of an animal - Chapter 35. Trusts 12 Del.C. § 3555

Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust.

DE - Veterinary - Chapter 33. Veterinarians. 24 Del.C. § 3300 - 3323

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

DE - Wildlife - Chapter 1. Protected Wildlife 7 Del.C. § 101 - 204

These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops.