Delaware

Summary: 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.

Summary: 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.

Summary: 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.

Summary: 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.

Summary: 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.

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

Summary: 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.

Summary: 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.

Summary: 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.

Summary: 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).