Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may
grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations
adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate
in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.
Code 1915, § 2406L; 34 Del. Laws, c. 185, § 1; Code 1935, § 2876; 7 Del. C. 1953, § 1711; 57 Del. Laws, c. 739, § 81; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1702. Dogs on state coastal beaches.
Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming
or sunbathing area of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except
when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31,
is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall
be fined not less than $50 nor more than $100. "Coastal beach strand" shall mean all that coastal real property between the
western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing
the activities of dogs on said real property.
64 Del. Laws, c. 283, § 1; 71 Del. Laws, c. 135, § 11; 74 Del. Laws, c. 253; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1703. License for special dog training area; requirements.
Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application
of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license
authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which
they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year.
No such dog training area shall be less than 100 acres, nor more than 250 acres.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1721; 55 Del. Laws, c. 329; 57 Del. Laws, c. 739, § 82; 71 Del. Laws, c. 135, § 13; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1704. Stocking area; training therein; hunting and trapping.
The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their
own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked.
The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others
so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time,
hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap
vermin and predators for the purpose of exterminating vermin and predators on such area.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1722; 57 Del. Laws, c. 739, § 83; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1705. Marking of boundary lines; posting of notice; penalty.
(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1st of
each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall
bear the following warning:
SPECIAL DOG TRAINING AREA
HUNTING UNLAWFUL
THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE TRAINING OF DOGS.
ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING
DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE
DOLLARS ($25.00) FOR EACH OFFENSE.
............
(Name and address of licensee to be printed here)
(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25
for each offense, together with the costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1723; 71 Del. Laws, c. 135, § 14; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1706. Injuring or destroying fence, wire or poster; penalty.
No person shall willfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy
any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.
Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1724; 71 Del. Laws, c. 135, § 15; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1707. Training of dogs; unlawful to carry firearm; penalty.
(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year,
daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs,
the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such
training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall
not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of
this State, during the closed season while so training, the owner or custodian shall be fined not less than $2 nor more than
$5 for each offense.
(b) No person shall carry a firearm while training a dog in closed game season.
(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such
dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game
is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt
such game with a shotgun; but such game must be hand-liberated during dog training.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 3.;
§ 1708. Penalties.
(a) Whoever violates this chapter, unless otherwise specifically provided, shall be fined not less than $50 or more than $100
for each offense. For each subsequent offense, the person shall be fined not less than $100 or more than $250. All fines imposed
following a conviction for violation for any section of this subchapter shall be remitted by the sentencing court or voluntary
assessment center to the county in which the offense occurred.
(b) Applicability. -- Any duly constituted law-enforcement officer of this State or any of its political subdivisions, the
county, or any animal control constable or dog warden employed by the county who charges a person with any offense which is
a violation of a law, ordinance or regulation established or promulgated under the authority of this chapter shall, in addition
to issuing a summons for any such offense, provide the alleged violator with a voluntary assessment form which, when properly
executed by the officer, allows the offender to dispose of the charge without the necessity of personally appearing in the
court to which the summons is returnable.
(c) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and costs as herein provided and any assessment
added to the fine pursuant to Delaware law.
(2) "Voluntary assessment form" as used in this section shall mean the written document issued to an alleged violator which
advises such person that they may dispose of the charge without the necessity of personally appearing in court by paying the
fine together with any costs and statutory assessments.
(d) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the voluntary assessment center
or court to which the summons is returnable and shall be disbursed to the county in which the offense occurred. The payment
must be received by the voluntary assessment center or court within 30 days from the date of arrest (excluding Saturday and
Sunday) and shall be paid only by check or money order or by electronic means as authorized by the voluntary assessment center.
(e) Offenses designated as "offenses subject to voluntary assessment" exceptions. -- All offenses, as now or hereafter set
forth in this chapter, or ordinances or regulations promulgated under authority thereof, are hereby designated as offenses
subject to voluntary assessment except for violations punishable under § 928 of Title 9.
(f) Offer and acceptance of voluntary assessment; effect; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer, animal control constable
or dog warden may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's acceptance
of the voluntary assessment constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to
pay the fine as herein provided, together with costs and assessments, within 30 days from the date of arrest (excluding Saturday
and Sunday), during which time payment must be received by the applicable court or voluntary assessment center.
(2) In lieu of paying the voluntary assessment, a person who has been issued a voluntary assessment form may request a hearing
on any charge stated in such form by notifying, in writing, the voluntary assessment center or court to which payment was
to be made of such request within 30 days of the date of arrest. If the alleged violator makes a timely request for a hearing,
the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the summons
prior to trial.
(g) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(f) of this section, the penalty imposed shall be the minimum fine for each offense charged, and fines shall be cumulative
if more than 1 offense is charged.
(h) Court costs and assessments. -- In lieu of any other court costs, and provided the offense is not subject to other proceedings
under this section, each fine for an offense under this section shall be subject to court costs of $20, unless otherwise provided
by court rule in lieu thereof. Each fine for an offense under this section shall be subject to all penalty assessments which
are provided for in Chapter 90 of Title 11 or any other provision of the Code.
(i) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Delaware
complaint and summons citation, shall complete the information section and prepare the voluntary assessment form indicating
the amount of the fine, and give a copy of the citation and form to the arrested person and release the arrested person from
custody. The arresting officer shall also inform the arrested person of the court or voluntary assessment center to which
payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment.
If the person declines to accept voluntary assessment, the arresting officer shall issue a citation and summons or, if appropriate,
follow the procedure for arrest as set forth in Chapter 19 of Title 11.
(j) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (j)(2) of this section, but does not waive any administrative penalty in the nature of license revocation which
may lawfully be revoked by a county.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(k) Removal from applicability of section. -- If a payment due pursuant to this section is not received by voluntary assessment
center or the court to which the summons is returnable within 30 days from the date of arrest (excluding Saturday and Sunday),
the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment
form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this chapter
and this section.
(l) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this chapter.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 4.;
§§ 1709-1729. [Reserved]
§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing;
exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially
dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous
or potentially dangerous dogs; penalties; local ordinances.
Repealed by 77 Del. Laws, c. 428, § 5, effective July 1, 2010.
Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may
grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations
adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate
in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.
Code 1915, § 2406L; 34 Del. Laws, c. 185, § 1; Code 1935, § 2876; 7 Del. C. 1953, § 1711; 57 Del. Laws, c. 739, § 81; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1702. Dogs on state coastal beaches.
Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming
or sunbathing area of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except
when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31,
is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall
be fined not less than $50 nor more than $100. "Coastal beach strand" shall mean all that coastal real property between the
western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing
the activities of dogs on said real property.
64 Del. Laws, c. 283, § 1; 71 Del. Laws, c. 135, § 11; 74 Del. Laws, c. 253; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1703. License for special dog training area; requirements.
Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application
of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license
authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which
they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year.
No such dog training area shall be less than 100 acres, nor more than 250 acres.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1721; 55 Del. Laws, c. 329; 57 Del. Laws, c. 739, § 82; 71 Del. Laws, c. 135, § 13; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1704. Stocking area; training therein; hunting and trapping.
The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their
own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked.
The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others
so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time,
hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap
vermin and predators for the purpose of exterminating vermin and predators on such area.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1722; 57 Del. Laws, c. 739, § 83; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1705. Marking of boundary lines; posting of notice; penalty.
(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1st of
each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall
bear the following warning:
SPECIAL DOG TRAINING AREA
HUNTING UNLAWFUL
THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE TRAINING OF DOGS.
ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING
DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE
DOLLARS ($25.00) FOR EACH OFFENSE.
............
(Name and address of licensee to be printed here)
(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25
for each offense, together with the costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1723; 71 Del. Laws, c. 135, § 14; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1706. Injuring or destroying fence, wire or poster; penalty.
No person shall willfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy
any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.
Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1724; 71 Del. Laws, c. 135, § 15; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1707. Training of dogs; unlawful to carry firearm; penalty.
(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year,
daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs,
the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such
training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall
not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of
this State, during the closed season while so training, the owner or custodian shall be fined not less than $2 nor more than
$5 for each offense.
(b) No person shall carry a firearm while training a dog in closed game season.
(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such
dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game
is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt
such game with a shotgun; but such game must be hand-liberated during dog training.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 3.;
§ 1708. Penalties.
(a) Whoever violates this chapter, unless otherwise specifically provided, shall be fined not less than $50 or more than $100
for each offense. For each subsequent offense, the person shall be fined not less than $100 or more than $250. All fines imposed
following a conviction for violation for any section of this subchapter shall be remitted by the sentencing court or voluntary
assessment center to the county in which the offense occurred.
(b) Applicability. -- Any duly constituted law-enforcement officer of this State or any of its political subdivisions, the
county, or any animal control constable or dog warden employed by the county who charges a person with any offense which is
a violation of a law, ordinance or regulation established or promulgated under the authority of this chapter shall, in addition
to issuing a summons for any such offense, provide the alleged violator with a voluntary assessment form which, when properly
executed by the officer, allows the offender to dispose of the charge without the necessity of personally appearing in the
court to which the summons is returnable.
(c) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and costs as herein provided and any assessment
added to the fine pursuant to Delaware law.
(2) "Voluntary assessment form" as used in this section shall mean the written document issued to an alleged violator which
advises such person that they may dispose of the charge without the necessity of personally appearing in court by paying the
fine together with any costs and statutory assessments.
(d) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the voluntary assessment center
or court to which the summons is returnable and shall be disbursed to the county in which the offense occurred. The payment
must be received by the voluntary assessment center or court within 30 days from the date of arrest (excluding Saturday and
Sunday) and shall be paid only by check or money order or by electronic means as authorized by the voluntary assessment center.
(e) Offenses designated as "offenses subject to voluntary assessment" exceptions. -- All offenses, as now or hereafter set
forth in this chapter, or ordinances or regulations promulgated under authority thereof, are hereby designated as offenses
subject to voluntary assessment except for violations punishable under § 928 of Title 9.
(f) Offer and acceptance of voluntary assessment; effect; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer, animal control constable
or dog warden may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's acceptance
of the voluntary assessment constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to
pay the fine as herein provided, together with costs and assessments, within 30 days from the date of arrest (excluding Saturday
and Sunday), during which time payment must be received by the applicable court or voluntary assessment center.
(2) In lieu of paying the voluntary assessment, a person who has been issued a voluntary assessment form may request a hearing
on any charge stated in such form by notifying, in writing, the voluntary assessment center or court to which payment was
to be made of such request within 30 days of the date of arrest. If the alleged violator makes a timely request for a hearing,
the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the summons
prior to trial.
(g) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(f) of this section, the penalty imposed shall be the minimum fine for each offense charged, and fines shall be cumulative
if more than 1 offense is charged.
(h) Court costs and assessments. -- In lieu of any other court costs, and provided the offense is not subject to other proceedings
under this section, each fine for an offense under this section shall be subject to court costs of $20, unless otherwise provided
by court rule in lieu thereof. Each fine for an offense under this section shall be subject to all penalty assessments which
are provided for in Chapter 90 of Title 11 or any other provision of the Code.
(i) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Delaware
complaint and summons citation, shall complete the information section and prepare the voluntary assessment form indicating
the amount of the fine, and give a copy of the citation and form to the arrested person and release the arrested person from
custody. The arresting officer shall also inform the arrested person of the court or voluntary assessment center to which
payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment.
If the person declines to accept voluntary assessment, the arresting officer shall issue a citation and summons or, if appropriate,
follow the procedure for arrest as set forth in Chapter 19 of Title 11.
(j) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (j)(2) of this section, but does not waive any administrative penalty in the nature of license revocation which
may lawfully be revoked by a county.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(k) Removal from applicability of section. -- If a payment due pursuant to this section is not received by voluntary assessment
center or the court to which the summons is returnable within 30 days from the date of arrest (excluding Saturday and Sunday),
the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment
form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this chapter
and this section.
(l) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this chapter.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 4.;
§§ 1709-1729. [Reserved]
§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing;
exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially
dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous
or potentially dangerous dogs; penalties; local ordinances.
Repealed by 77 Del. Laws, c. 428, § 5, effective July 1, 2010.
Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may
grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations
adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate
in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.
Code 1915, § 2406L; 34 Del. Laws, c. 185, § 1; Code 1935, § 2876; 7 Del. C. 1953, § 1711; 57 Del. Laws, c. 739, § 81; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1702. Dogs on state coastal beaches.
Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming
or sunbathing area of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except
when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31,
is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall
be fined not less than $50 nor more than $100. "Coastal beach strand" shall mean all that coastal real property between the
western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing
the activities of dogs on said real property.
64 Del. Laws, c. 283, § 1; 71 Del. Laws, c. 135, § 11; 74 Del. Laws, c. 253; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1703. License for special dog training area; requirements.
Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application
of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license
authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which
they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year.
No such dog training area shall be less than 100 acres, nor more than 250 acres.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1721; 55 Del. Laws, c. 329; 57 Del. Laws, c. 739, § 82; 71 Del. Laws, c. 135, § 13; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1704. Stocking area; training therein; hunting and trapping.
The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their
own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked.
The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others
so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time,
hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap
vermin and predators for the purpose of exterminating vermin and predators on such area.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1722; 57 Del. Laws, c. 739, § 83; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1705. Marking of boundary lines; posting of notice; penalty.
(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1st of
each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall
bear the following warning:
SPECIAL DOG TRAINING AREA
HUNTING UNLAWFUL
THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE TRAINING OF DOGS.
ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING
DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE
DOLLARS ($25.00) FOR EACH OFFENSE.
............
(Name and address of licensee to be printed here)
(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25
for each offense, together with the costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1723; 71 Del. Laws, c. 135, § 14; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1706. Injuring or destroying fence, wire or poster; penalty.
No person shall willfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy
any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.
Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.
Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1724; 71 Del. Laws, c. 135, § 15; 77 Del. Laws, c. 428, §§ 1, 2.;
§ 1707. Training of dogs; unlawful to carry firearm; penalty.
(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year,
daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs,
the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such
training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall
not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of
this State, during the closed season while so training, the owner or custodian shall be fined not less than $2 nor more than
$5 for each offense.
(b) No person shall carry a firearm while training a dog in closed game season.
(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such
dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game
is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt
such game with a shotgun; but such game must be hand-liberated during dog training.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 3.;
§ 1708. Penalties.
(a) Whoever violates this chapter, unless otherwise specifically provided, shall be fined not less than $50 or more than $100
for each offense. For each subsequent offense, the person shall be fined not less than $100 or more than $250. All fines imposed
following a conviction for violation for any section of this subchapter shall be remitted by the sentencing court or voluntary
assessment center to the county in which the offense occurred.
(b) Applicability. -- Any duly constituted law-enforcement officer of this State or any of its political subdivisions, the
county, or any animal control constable or dog warden employed by the county who charges a person with any offense which is
a violation of a law, ordinance or regulation established or promulgated under the authority of this chapter shall, in addition
to issuing a summons for any such offense, provide the alleged violator with a voluntary assessment form which, when properly
executed by the officer, allows the offender to dispose of the charge without the necessity of personally appearing in the
court to which the summons is returnable.
(c) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and costs as herein provided and any assessment
added to the fine pursuant to Delaware law.
(2) "Voluntary assessment form" as used in this section shall mean the written document issued to an alleged violator which
advises such person that they may dispose of the charge without the necessity of personally appearing in court by paying the
fine together with any costs and statutory assessments.
(d) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the voluntary assessment center
or court to which the summons is returnable and shall be disbursed to the county in which the offense occurred. The payment
must be received by the voluntary assessment center or court within 30 days from the date of arrest (excluding Saturday and
Sunday) and shall be paid only by check or money order or by electronic means as authorized by the voluntary assessment center.
(e) Offenses designated as "offenses subject to voluntary assessment" exceptions. -- All offenses, as now or hereafter set
forth in this chapter, or ordinances or regulations promulgated under authority thereof, are hereby designated as offenses
subject to voluntary assessment except for violations punishable under § 928 of Title 9.
(f) Offer and acceptance of voluntary assessment; effect; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer, animal control constable
or dog warden may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's acceptance
of the voluntary assessment constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to
pay the fine as herein provided, together with costs and assessments, within 30 days from the date of arrest (excluding Saturday
and Sunday), during which time payment must be received by the applicable court or voluntary assessment center.
(2) In lieu of paying the voluntary assessment, a person who has been issued a voluntary assessment form may request a hearing
on any charge stated in such form by notifying, in writing, the voluntary assessment center or court to which payment was
to be made of such request within 30 days of the date of arrest. If the alleged violator makes a timely request for a hearing,
the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the summons
prior to trial.
(g) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(f) of this section, the penalty imposed shall be the minimum fine for each offense charged, and fines shall be cumulative
if more than 1 offense is charged.
(h) Court costs and assessments. -- In lieu of any other court costs, and provided the offense is not subject to other proceedings
under this section, each fine for an offense under this section shall be subject to court costs of $20, unless otherwise provided
by court rule in lieu thereof. Each fine for an offense under this section shall be subject to all penalty assessments which
are provided for in Chapter 90 of Title 11 or any other provision of the Code.
(i) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Delaware
complaint and summons citation, shall complete the information section and prepare the voluntary assessment form indicating
the amount of the fine, and give a copy of the citation and form to the arrested person and release the arrested person from
custody. The arresting officer shall also inform the arrested person of the court or voluntary assessment center to which
payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment.
If the person declines to accept voluntary assessment, the arresting officer shall issue a citation and summons or, if appropriate,
follow the procedure for arrest as set forth in Chapter 19 of Title 11.
(j) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (j)(2) of this section, but does not waive any administrative penalty in the nature of license revocation which
may lawfully be revoked by a county.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(k) Removal from applicability of section. -- If a payment due pursuant to this section is not received by voluntary assessment
center or the court to which the summons is returnable within 30 days from the date of arrest (excluding Saturday and Sunday),
the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment
form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this chapter
and this section.
(l) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this chapter.
Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 4.;
§§ 1709-1729. [Reserved]
§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing;
exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially
dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous
or potentially dangerous dogs; penalties; local ordinances.
Repealed by 77 Del. Laws, c. 428, § 5, effective July 1, 2010.
