(a) An animal welfare officer shall seize and impound a dog suspected of being dangerous or potentially dangerous when the officer has reasonable cause to believe that the dog has engaged in 1 or more of the following:
(1) Killed or inflicted physical injury or serious physical injury upon a human being.
(2) Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(3) Chased or pursued a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack on 2 separate occasions within a 12-month period.
(4) Caused physical injury to a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner, on more than one occasion in a 12-month period. For purposes of this paragraph (a)(4), “physical injury” means impairment of physical condition and substantial pain.
(b) Any dog seized pursuant to this section shall be impounded until a final disposition as to whether the dog is dangerous or potentially dangerous. The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. If the owner cannot be identified within 5 days of the dog's impoundment, unless earlier disposal is recommended by a doctor of veterinary services, the Department may dispose of the dog in accordance with this subchapter.
(c) The owner of any seized and impounded dog has a right to a hearing to determine whether the dog is dangerous or potentially dangerous.
(1) The Justice of the Peace Court is the Court of original and exclusive jurisdiction for hearings under this subsection.
(2) Unless the owner agrees to the proposed conditions, the Department shall file a civil action with the Justice of the Peace Court within 5 business days after impoundment of the dog and identification of the dog's owner and notice to the owner.
(d) The Justice of the Peace Court shall hold a hearing under this subsection within 30 days of the Department filing of a civil action.
(1) All Justice of the Peace Court Civil Rules apply to proceedings under this subchapter, except where otherwise stated.
(2) The Justice of the Peace Court shall keep a record, sufficient for judicial review, of all evidence taken at hearings under this subchapter, according to the Court's rules regarding the recording of proceedings.
(3) A hearing shall be held within 30 days of the Department filing a civil action. The dog may be released to its owner and the charges made under subsection (a) of this section may be dismissed, unless a delay is requested by the owner and approved by the Department for good cause at the Court's discretion.
(e) If the dog owner fails to appear for the hearing, the Justice of the Peace Court shall enter a default judgment. A motion to vacate a default judgment may be filed within 10 days of the entry of the default judgment. If no motion is filed, the Department shall dispose of the dog in accordance with this chapter.
(f) Nothing in this subchapter shall be construed to interfere with the provisions for protecting human health from rabies in Chapter 82 of Title 3.
Structure Delaware Code
Subchapter V. Dangerous and Potentially Dangerous Dogs
§ 3076F. Finding to declare a dog dangerous; duties of owner.
§ 3077F. Finding to declare a dog potentially dangerous; duties of owner.
§ 3078F. Liability of owner for costs of impoundment.
§ 3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties.