(a) All dogs shall be deemed personal property and may be the subject of theft pursuant to Chapter 5 of Title 11. Any warrant of arrest or other process issued under or by virtue of the several laws in relation to the theft of such property may be directed to and executed by any police officer, constable, or animal welfare officer.
(b) The presence of any dog, regardless of age, not confined on the premises of a person other than the lawful owner of such dog shall raise no presumption of theft against the owner or tenant of such premises.
(c) No person shall confine any dog which is not that person's own lawful property without contacting the Department within 48 hours of confining such dog and providing the Department with a complete description of the dog, the exact location of the premises on which such dog is to be detained, and the name of the owner or tenant of such property.
Structure Delaware Code
Subchapter IV. General Provisions Concerning Dogs
§ 3042F. Fees for dog licenses; terms.
§ 3043F. Inspections of facilities and premises; suspension of kennel or retail dog outlet license.
§ 3044F. Specifications for the humane handling, care, and treatment of dogs.
§ 3045F. Licensing agents; bond requirements; service charge; negotiations.
§ 3046F. Reciprocity of dog license.
§ 3048F. Dogs running at large.
§ 3049F. Destruction of muskrat dens, poultry, or livestock.
§ 3050F. Dogs deemed personal property; theft; penalty.
§ 3051F. Injuring or killing dogs for certain acts.
§ 3053F. Liability of dog owner for damages.
§ 3054F. Impounding of dog running at large.
§ 3056F. Unauthorized acts against a service dog; penalties.