DELAWARE SHIFTS DOG
LICENSING TO COUNTIES
** PET STORES FACILITY REQUIREMENTS ALSO PROPOSED **
The Issue.
Delaware House Bill 233 shifts dog licensing management from the Department of Natural Resources &
Environmental Control to the counties in which retail dog outlets and kennels are located. Another bill,
House Bill 293, sets forth amendments to current law on facility standards and tethering.
The Impact.
Dog Licensing – HB 233
HB 233 provides that dog licenses are to be issued by the counties, instead of by the Department of
Natural Resources & Environmental Control which currently controls dog licensing. HB 233 states that
every dog owner must obtain said dog license in the county in which the dog owner resides or where the
retail dog outlet is located. This bill also gives the counties the discretion to determine license fees,
appoint licensing agents, the authority to enact all rules and regulations regarding licensing and provide
applications for individual dog owner licenses, retail dog outlet licenses and kennel licenses.
A “retail dog outlet” is defined as “any premises where dogs are sold, offered or maintained for sale, on a
retail basis”. The term does not include the following:
• Dogs which are produced and raised on such premises and are sold, offered or maintained for
sale, by a person who resides on such premises;
• The selling of a single litter of puppies or any part during a calendar year; or
• Any publicly operated or private, charitable or nonprofit animal shelter, pound, humane society,
or animal rescue organization.
Anyone who does not obtain the appropriate dog license will be subject to a fine of at least $50.
NOTE: This bill has been sent to the Governor to be signed. It is set to go into effect on January 1,
2010.
Facility and Care Standards – HB 293
House Bill 293 amends current Delaware law with respect to the primary enclosures and tethering of
dogs. The bill establishes a formula for calculating the proper enclosure size for housing a dog, and lists
exemptions from the requirements. HB 293 proposes that a dog may be sheltered in a primary enclosure
having wire flooring if the wire flooring is kept in good repair and does not result in injuries to the dog.
The flooring shall be constructed so as not to allow passage of the animal's feet through any openings in
the floor of the enclosure. If the flooring is constructed of metal strands, such strands shall either be
greater than 1/8 of an inch in diameter (9 gauge wire) or shall be coated with a material such as plastic or
fiberglass. If the floor of a primary enclosure is constructed of wire, a solid resting surface or surfaces
July 22, 2009
(DE HB 233/HB 293))
2
that, in the aggregate, are large enough to hold all the occupants of the primary enclosure at the same time
comfortably, must be provided.
The space requirements do not apply to:
• Any dog temporarily kept in a smaller enclosure for purposes such as crate training,
transportation, or pursuant to a veterinarian's order;
• Any office of a licensed veterinarian;
• Any temporary kennel facility where dogs are kept for grooming, boarding, training or other
purposes for less than two consecutive weeks (as long as there is sufficient space to allow the dog
to turn about freely and to stand erect, sit and lie down in a comfortable, normal position); or
• A licensed retail dog outlet where dogs are kept on display to patrons of the retail dog outlet
during its normal business hours (as long as there is sufficient space to allow the dog to turn about
freely and to stand erect, sit and lie down in a comfortable, normal position).
The bill further establishes more detailed requirements for persons who tether their dogs, including a
prohibition on tethering of dogs under four months of age and a prohibition of tethering any dog between
the hours of 11:00 p.m. and 6:00 a.m., unless it is only for a period of less than 15 minutes.
Recommended Action.
Again, HB 233 has been sent to the Governor and will become law in 2010. We urge you read the entire
text of the bill and be aware of this shift of licensing authority to counties so that you will be in
compliance with this law.
HB 293, which would amend current law on facility requirements and tethering, has been assigned to
House Committee on Housing & Community Affairs. If you are concerned about this bill, you can easily
contact your representative at the touch of a button through PIJAC’s Legislative Action Center (visit the
Government Affairs page on PIJAC’s website at www.pijac.org and click on the link). If you wish to
contact members of the committee, see the committee contact list below. This bill has not yet .been set for
a committee hearing. Please read the Breaking News Page of the PIJAC website
(http://www.pijac.org/petinformation/breakingnews.asp) regularly for updates and to view the text of
both bills.
If you have any further questions please feel free to contact PIJAC’s Bambi Nicole Osborne at
bambi@pijac.org or by phone at 202-452-1525.
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