(a) For a violation of § 3076F(b)(4) or (b)(6) or § 3077F(c)(1), (c)(2), (c)(3) or (c)(4) of this title, the owner of the dangerous dog or potentially dangerous dog shall be fined not less than $50 nor more than $100. For a subsequent offense within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the owner shall be fined not less than $100 or more than $200.
(b) For a violation of § 3076F(b)(1) or (b)(5) of this title, the owner of the dangerous dog shall be fined not less than $100 or more than $250. For a subsequent offense within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the owner shall be fined not less than $250 or more than $500.
(c) For a violation of § 3076F(b)(2), (b)(3), or (c) of this title, the owner of the dangerous dog shall be fined not less than $250 or more than $1,000. For a subsequent offense within 3 years of the original court ruling or acceptance of conditions concerning dangerous or potentially dangerous dogs, the owner shall be fined not less than $500 or more than $2,000.
(d) After a dog has been declared dangerous under § 3076F(a) of this title, only a dog that, without provocation, kills, attacks, or inflicts physical injury or serious physical injury upon a human being or domestic animal shall be seized and impounded by the Department and disposed of by euthanasia in accordance with subchapter I of this chapter. For purposes of this subsection, “provocation” means any of the exceptions to finding a dog dangerous or potentially dangerous contained in 3074F(a) or (b) of this title.
(e) After a dog has been declared potentially dangerous under § 3077F of this title, a dog that inflicts physical injury upon a domestic animal, or a dog that chases or pursues 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, the dog shall be seized and impounded by the Department and the Department may file a civil action for a hearing to determine whether the dog is dangerous.
(f) Any fine imposed for a violation of this subchapter may not be suspended to any amount less than the minimum prescribed fine. The Justice of the Peace Court shall remit all fines imposed following a conviction for violation of this subchapter to the Department.
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.