10 DIGIT ID CODE

DELAWARE SERVICE DOG LAWS

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UNAUTHORIZED ACTS AGAINST A SERVICE DOG; PENALTIES

1. “Service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

2. No person shall intentionally interfere with the use of a service dog by obstructing, intimidating or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor.

3. No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor.

4. No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. This subsection, however, does not apply to a law-enforcement officer as defined by § 222 of Title 11 who is forced to take such action pursuant to the lawful performance of the officer's duties.

5. No person shall intentionally steal, take or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.

6. In any case where a person is convicted under subsection (b), (c), (d) or (e) of this section, that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide or seeing eye dog owner and the dog which arise out of or are related to the criminal offense.

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IN CHAPTER 45. “EQUAL ACCOMMODATIONS” (6 Del.C. § 4502)

Support animal means any animal individually trained to do work or perform tasks to meet the requirements of a person with a physical disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

 

ACCOMMODATION LAW

UNDER CHAPTER 21. Commission for the Blind

Any person who by reason of loss or impairment of eyesight or hearing is accompanied a “seeing eye dog,” is entitled to the full and equal accommodations and shall be entitled to take the dog into such conveyances and places.

 

Deprivation of this right results in a fine of not more than $100, or be imprisoned for a period not exceeding 3 months, or both. 31 Del.C. § 2117

 

UNDER CHAPTER ONE “Equal Accommodation”

No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent or employee of any place of public accommodation, shall directly or indirectly refuse, withhold from or deny to any person, on account of disability any of the accommodations, facilities, advantages or privileges thereof.

 

For the purpose of training support animals to be used by persons with disabilities, all trainers and their support animals shall be included within those covered by this subsection (§ 4504).

 

Complaints are sent to State Human Relations Commission where civil penalty can range from $5,000 to $25,000 depending on how many prior discriminatory public accommodations practice have occurred. 6 Del.C. § 4504

 

UNAUTHORIZED ACTS AGAINST A SERVICE DOG; PENALTIES

No person shall intentionally interfere with the use of a service dog by obstructing, intimidating or otherwise jeopardizing the safety of the user or animal (class B misdemeanor).

 

No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog (class A misdemeanor).

 

No person shall intentionally kill a service dog owned by a private person or agency (class D felony).

 

No person shall intentionally steal, take or wrongfully obtain a service dog owned by a private person or agency (class E felony).

 

In any case where a person is convicted under subsection (b), (c), (d) or (e) of this section, that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide, or seeing eye dog owner and the dog which arise out of or are related to the criminal offense. DE ST TI 9 § 916

 

DRIVING LAW         

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a person wholly or partially blind, accompanied by a guide dog, upon a roadway. DE ST TI 21 § 4144

 

LICENSING LAW

The license fee set by the county pursuant to subsection (a) of this section shall not be required to be paid when the dog is one which qualifies as a seeing eye, lead or guide dog or as a dog which has previously served in a branch of the United States armed forces.

The county shall issue either a metal license tag or an alternative method for identification in accordance with subsection (b) of this section to such persons without the necessity of the payment of the dog license fee. DE ST TI 9 § 902