Delaware Code Title 16. Health and Safety § 3079F. Violations by owners of dangerous or potentially dangerous dogs;  penalties

(a) Possessing a dangerous dog in violation of § 3076F(b) of this title or a potentially dangerous dog in violation of § 3077F(c) of this title is punishable as follows:

(b) 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 must 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.

(c) After a dog has been declared potentially dangerous under § 3077F of this title, a dog that commits any of the acts listed under § 3077F(a) of this title must 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 or the dog owner may voluntarily accept the designation of dangerous.

(d) Any civil penalty imposed for a violation of this subchapter may not be suspended to any amount less than the minimum prescribed civil penalty.  The Justice of the Peace Court shall remit all civil penalties imposed for violation of this subchapter to the Department.