(a) The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any 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) Inflicted physical injury upon a domestic animal after the dog has been declared potentially dangerous under § 3077F of this title.
(b) If the Justice of the Peace Court declares a dog to be dangerous, it shall be unlawful for any person to keep or maintain such dog unless all of the following occur:
(1) The dog is spayed or neutered.
(2) The dog owner procures and maintains liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog.
(3) The dog is confined by its owner within a proper enclosure, and whenever outside of the proper enclosure the dog is securely muzzled and restrained by a substantial chain or leash, not exceeding 6 feet, and under the control of a responsible adult, or caged.
(4) The dog owner displays, in a conspicuous manner, a sign on the owner's premises warning that a dangerous dog is on the premises. The sign shall be visible and legible from the public highway or 100 feet, whichever is less.
(5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or another domestic animal, has been moved to another address, or dies.
(6) The owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.
(c) It shall be unlawful for the owner of a dangerous dog to sell, offer for sale, or give away said dog to any other person other than the Department. If a dangerous dog is given to the Department, the dog shall be disposed of by euthanasia in accordance with subchapter I of this chapter.
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.