1. (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. (1) Attacked or inflicted physical injury upon a human being.
   2. (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. (3) On more than 1 occasion, chased or pursued a human being, in an apparent attitude of attack, upon the streets, sidewalks, or any public or private property, other than on the dog owner’s property.
   4. (4) On more than 1 occasion, caused unprovoked physical injury to a domestic animal, if the domestic animal was on the property of its owner or under the immediate control of its owner.
   5. (5) On more than 1 occasion, behaved in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to 1 or more human beings, companion animals, farm animals, or domestic animals.
2. (b) No dog may be declared potentially dangerous based solely on the dog’s breed or perceived breed.

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

   1. (1) The dog is spayed or neutered.
   2. (2) While on the dog owner’s property, the dog is kept indoors or within a securely fenced yard or enclosure from which it cannot escape.

   3. (3) When off the owner’s premises, 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 potentially 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 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.

4. (d) (1) For a dog declared to be potentially dangerous under this section before August 29, 2024, 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 will no longer be deemed a potentially dangerous dog.

   1. (2) Paragraph (d)(1) of this section does not apply to a dog declared to be potentially dangerous on or after August 29, 2024.

77 Del. Laws, c. 428, § 8; 79 Del. Laws, c. 376, § 4; 80 Del. Laws, c. 248, § 6; 81 Del. Laws, c. 31, § 2; 81 Del. Laws, c. 96, § 4; 84 Del. Laws, c. 390, § 10