Delaware Code Title 16. Health and Safety § 3071F. Definitions

(1) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances.

(2) “Attack” means the deliberate action of a dog, whether or not in response to a command by its owner, to bite, seize with its teeth, or pursue any human being or domestic animal with the obvious intent to kill, wound, injure, or otherwise harm the human being or domestic animal.

(3) “Dangerous dog” means any dog that the Justice of the Peace Court has declared to be dangerous under § 3076F of this title or any potentially dangerous dog kept or maintained in violation of § 3077F(c) of this title.

(4) “Dog” means any dog or dog hybrid.

(5) “Domestic animal” means any dog, cat, poultry, or livestock.

(6) “Nondangerous dog” means any dog that the Justice of the Peace Court has declared to be nondangerous under § 3080F of this title.

(7) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog.

(8) “Physical injury” means impairment of physical condition or substantial pain.

(9) “Potentially dangerous dog” means any dog that the Justice of the Peace Court has declared to be potentially dangerous under § 3077F of this title.

(10) “Proper enclosure” means securely confined indoors or a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping.  Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the animal.  If the pen or structure has no bottom secured to the sides, the sides must be embedded at least 2 feet into the ground.

(11) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, serious or prolonged impairment of health, or serious or prolonged loss or impairment of the function of any bodily organ.