What are the dog laws in Delaware? Does Delaware have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination, dog bites, dog abandonment, or dog cruelty.
Read on for more information about dog laws in Delaware.
Rabies Vaccination Laws
In Delaware, any dog over six months of age must be vaccinated for rabies. Rabies vaccinations must be performed by a licensed veterinarian. A rabies tag must be worn at all times in order to show proof the animal has been vaccinated. After their first vaccine, dogs must be vaccinated on a yearly basis.
There are exemptions to rabies vaccines in Delaware. If a veterinarian examines an animal and finds them to be in too poor health to receive a rabies vaccine, they can become exempt. However, if they are bitten by an animal that could be carrying rabies, they will be subject to euthanasia as in any other case of an unvaccinated animal.
If an unvaccinated dog bites someone, they are subject to a ten day quarantine. Dogs who display symptoms of rabies during this time will be euthanized for testing. If they do not, they will be returned, but must be subsequently vaccinated.
Dog Bite Laws
Delaware is fairly strict regarding consequences for dog bite incidents. In these cases, the law almost always sides with the person(s) who was attacked. Delaware practices “strict liability” regarding these cases. Delaware’s dog bite statute makes a dog’s owner or keeper liable for injuries caused by the dog to someone else’s person or property.
This means that a dog owner is liable for an aggressive dog even if the attack could not have been prevented or predicted. For example, consider someone visits your house. Your dog has never been previously aggressive, and is contained in a crate. However, your visitor chooses to put their hand in through the bars of the crate, and is bitten. Although precautions were taken, you would still be liable for your dog’s bite.
Dog owners are not responsible for attacks in which the dog was provoked or protecting the owner. This could include yelling at, hitting, or throwing objects at the dog. Additionally, if you were trespassing on private property and then were attacked by an otherwise contained dog, the dog’s owner would not be liable.
A dangerous dog, particularly a repeat offender, may be euthanized if this is determined to be in the best interest of the safety of the community. Additionally, a severe enough attack could lead the court to determine euthanasia is the best course of action even for a first offender.
Dog Abandonment Laws
In Delaware, animal abandonment is prohibited by law. Animal abandonment is always dangerous to animals and people that may encounter them. It’s always better to surrender a pet to a shelter or rescue if you cannot keep them. In accordance with DEL. CODE ANN. tit. 11, § 1325(1)., “’Abandonment’ includes completely forsaking or deserting an animal originally under one’s custody without making reasonable arrangements for custody of that animal to be assumed by another person.”
Dog Cruelty Laws
In Delaware, animal cruelty is most often a Class A misdemeanor. Animal cruelty can have serious consequences. Even first offenders can face jail time and large fines. Consequently, repeat offenders face harsher sentencing. Aggravated animal cruelty carries heavier charges. This is when an act of cruelty results in severe suffering, disfigurement, or death of the animal. Aggravated animal cruelty in Delaware is almost always a Class D felony, which can lead to prison time.
As in the other 49 states, dogfighting is a felony in Delaware. This doesn’t apply only to those directly fighting their animals. While in Delaware it doesn’t carry as harsh of a charge as those directly fighting dogs, being present at a dogfighting event is a Class A Misdemeanor.
Tethering Laws
It is not illegal to tether dogs in Delaware. However, there is a list of regulations concerning tethering here. Without proper restrictions, tethering can be dangerous to dogs. As a rule of thumb, provide dogs on tethers with accessible shelter, at least ten feet of clean and maintained space, and never tether to a collar that could potentially choke or strangle the dog. In Delaware, attaching a choke collar or similar device to a tethered dog is illegal. Additionally, dogs on tethers should never be left outside during severe weather. If an owner or other responsible person is not on the property, tethers may not be used for more than 2 hours in Delaware.
How Does Delaware Rank Against the Other 49 States?
Delaware is ranked as a “middle-tier” state for animal protection laws by the Animal Legal Defense Fund. Out of all 50 states, Delaware comes in at number 23 for animal rights. There are many good things about Delaware’s animal defense laws. For example, care requirements are well-defined in Delaware’s laws. This leaves a clear-cut basis for what is acceptable animal care. However, there is still room for improvement. While not all of Delaware’s questionable animal laws apply to dogs, they are nonetheless concerning. For example, fish have no rights as far as animal cruelty goes in Delaware, making it legal to mistreat or neglect pet fish.
