Delaware Code § 16-3081F

Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal
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(a) If the Justice of the Peace Court determines that a dog is dangerous, the Court may direct the Department to dispose of the dog by
euthanasia in accordance with subchapter I of this chapter. If the Justice of the Peace Court determines the dog is dangerous but does not
order euthanasia, or the dog owner voluntarily accepts the designation of dangerous, the dog owner must comply with all conditions that
the Court orders under § 3076F(b) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the
dog to remain in the custody of the State until all conditions have been met.
(b) If the Justice of the Peace Court determines that a dog is potentially dangerous, or the dog owner voluntarily accepts the designation
of potentially dangerous, the dog owner must comply with all conditions that the Court orders under § 3077F(c) of this title, within 30
days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions
have been met.
(c) If another incident occurs within the period of time allowed for compliance under subsection (a) or (b) of this section, the Department
shall immediately seize the dog and dispose of it in accordance with subchapter I of this chapter.
(d) If the Justice of the Peace Court determines a dog to be nondangerous, the dog shall be released to its owner, subject to any conditions
imposed under § 3080F of this title.
(e) The Department or the owner, if the Justice of the Peace orders the dog to be euthanized, may appeal the Justice of the Peace Court's
decision to the Court of Common Pleas within 15 days of the entry of the decision. The Court of Common Pleas shall review the appeal
on the record. The filing of an appeal acts as a stay of the Justice of the Peace Court's decision, pending final disposition of the appeal.
The appellant shall pay the cost of transcribing the Justice of the Peace Court recording and all documents must be submitted to the Court
of Common Pleas within 15 days of filing an appeal.

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