Delaware Code
Subchapter V. Dangerous and Potentially Dangerous Dogs
§ 3077F. Finding to declare a dog potentially dangerous; duties of owner.

(a) The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has done any of the following:

(1) Attacked or inflicted physical injury upon a human being.
(2) Attacked 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 on more than one occasion in a 12-month period, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(b) No dog may be declared potentially dangerous based solely on the dog's breed or perceived breed.
(c) If the Justice of the Peace Court declares a dog to be potentially dangerous, it shall be unlawful for any person to keep or maintain the dog unless all of the following occur:

(1) The dog is spayed or neutered, provided the Justice of the Peace Court ordered the spaying or neutering as part of its decision in declaring the dog to be potentially dangerous.
(2) While on the dog owner's property, the dog is kept indoors or within a securely fenced yard from which it cannot escape.
(3) When off the owner's premises, the dog is restrained by a substantial chain or leash, not exceeding 6 feet, and is under the physical control of a responsible adult.
(4) The owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.
(d) If there are no additional instances of the behavior described in subsection (a) of this section within a 24-month period from the date the dog is declared potentially dangerous, the dog shall no longer be deemed a potentially dangerous dog.

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