1. (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. (1) Killed or inflicted serious physical injury upon a human being.
   2. (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. (3) Inflicted physical injury upon a human being or a domestic animal after the dog has been declared potentially dangerous under § 3077F of this title.

2. (b) If the Justice of the Peace Court declares a dog to be dangerous, or a dog’s owner voluntarily agrees to the designation of dangerous, it is unlawful for any person to keep or maintain such dog unless all of the following occur:

   1. (1) The dog is spayed or neutered.
   2. (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. (3) The dog is confined by its owner within a proper enclosure or, when outside of the proper enclosure, the dog is all of the following:

      1. a. Securely muzzled.
      2. b. Restrained by a substantial leash that is not retractable and does not exceed 6 feet.
      3. c. Under the physical control of a responsible adult.
   4. (4) The dog owner displays, in a conspicuous manner, a sign on the dog owner’s premises warning that a dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less.
   5. (5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or a domestic animal, has been moved to another address, or dies.
   6. (6) The dog is licensed.
   7. (7) The dog is vaccinated for rabies.
   8. (8) The dog is microchipped, and the microchip is registered to the owner.
   9. (9) The dog owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.
3. (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.

77 Del. Laws, c. 428, § 8; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 376, § 3; 80 Del. Laws, c. 248, § 6; 81 Del. Laws, c. 96, § 4; 84 Del. Laws, c. 390, § 9