CHAPTER 334

AN ACT TO AMEND CHAPTER 17, TITLE 7, DELAWARE CODE, RELATING TO THE LICENSING AND INSPECTION OF DOG KENNELS AND PROVIDING PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 1701 (a), Title 7, Delaware Code, is amended by striking the last sentence of said subsection in its entirety and inserting in lieu thereof the following:

No person shall be issued a license upon payment of the kennel tax in accordance with the provisions of this section, unless his facilities for the care and shelter of dogs has been approved by the Board or its authorized representative in accordance with the provisions of subsection (h) of this Section, and unless the kennel, if located within the corporate limits of a town or city, other than the City of Wilmington, has also been approved by the local Board of Health or other duly authorized officials of such corporate town or city and a certificate of approval issued by such authorities. The Board or its authorized representatives shall inspect the premises and facilities of a person to whom a kennel license has been issued at least twice annually for the purpose of ascertaining whether the person is maintaining his facility in accordance with the standards of the Board. At least one such inspection shall be during the third quarter of the calendar year. If a person is not maintaining his facilities in accordance with the provisions of § 1701 (h) of this Title, any license issued in accordance with this section shall be revoked for a period of up to one (1) year or until such time as the provisions of § 1701 (h) have been met. Any person whose kennel license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals being owned, kept or harbored by such person and no part of the kennel license fee shall be refunded. Whoever violates any of the provisions of paragraph (a) of this section shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each offense and/or imprisoned for not more than thirty (30) days.

Approved February 13, 1970.