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Don’t leave your pets out in the cold. It’s against Delaware law

Doggone Well Staff by Doggone Well Staff
January 7, 2025
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Don’t leave your pets out in the cold. It’s against Delaware law
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Delaware’s weather this week is less than ideal for being outside for most people, and the same goes for our furry friends. 

With daily highs barely above freezing and frigid lows this week, along with wind gusts as high as 40 mph in some parts of Delaware and snow across the state, make sure your pets are safe and snuggly somewhere warm.  

If they aren’t, you could be breaking the law.  

Delaware dog laws   

Amidst around three inches of snow in Philadelphia, May plays fetch down Waverly Street on Tuesday, Jan. 6, 2025.

Pet owners in Delaware are expected to abide by a series of rules and regulations aimed at ensuring a safe and healthy environment is maintained for pets, pets are handled in an orderly way when in public, and pet abuse or instances of pet misbehavior are punishable by law. 

Aside from year-round regulations, pet shelters must also abide by certain rules during periods of inclement weather, according to the Delaware Code, which states:  

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Indoor housing options must be adequately heated and cooled when necessary, with proper bedding provided. They must be properly ventilated with windows, vents, fans or air conditioning to minimize odors, drafts and moisture condensation, and have ample artificial or natural lighting.    

The interior must be constructed for ease of cleaning and be impervious to moisture.    

Weezie in Rehoboth Beach on January 6, 2025

Dogs are not allowed to be confined outside and unattended during inclement weather, as issued by the National Weather Service, or other conditions that “pose a serious adverse risk to the health and safety of a dog,” the Delaware Code states, with “outside and unattended” defined as in the elements for longer than 15 minutes and outside of visual range and presence of the owner.  

Even if a dog has access to an outdoor doghouse or similar structure, this is considered outside, unless the dog is actively engaged in the protection of livestock, farm property or poultry. These dogs have access to dry agricultural buildings like barns.    

The shelter must protect them against inclement weather, allow them to remain dry during rain or snow and preserve their body heat. All structures must be made of a durable material and must have additional bedding material and a windbreak, such as a flap or tarp, at the entrance of the shelter between Nov. 1 and March 31 or when the temperature is 35 degrees or lower. 

Snow falls in Battery Park in New Castle on Monday, January 6, 2025.

Each shelter must have at least one separate outside area that provides a shaded area for the dog to prevent itself from overheating or other heat-related discomfort.    

Dog houses cannot be made from metal, mobile or traveling housing facilities, cars, refrigerators or freezers or similar structures. Housing facilities for dogs must have enough space for each dog to turn around freely, stand erect, sit and lie down in a “comfortable, normal position.” This generally is 6 inches or higher than the head of the tallest dog in an enclosure when in a standing position. Nursing puppies and their mothers should be granted additional space, according to the Delaware Code.  

ICYMI:Why your street didn't get snowplowed, when salt trucks will come, more about snow removal

Punishment for animal cruelty  

Jerry Smith walks his dog, Teddy, during an early morning snowfall in New Castle on Monday, January 6, 2025.

Anyone found violating the above guidelines related to housing dogs is subject to a civil penalty of $100 for a first violation in addition to costs, $250 in addition to costs for a second violation or $500 in addition to costs for each subsequent violation.    

Under the Delaware Code, “cruel neglect” is defined as any pain or suffering caused to a domesticated animal by its owner or custodian, like living in unsanitary conditions or conditions that are injurious to the animal’s health. 

If convicted of a crime falling under animal cruelty, it is a class A misdemeanor and a class F felony.  

If you suspect cruelty or neglect of an animal, call Delaware Animal Services at (302) 255-4646 or file a report at animalservices.delaware.gov/report_violation/25. 

Snow around the state:How many inches of snow today? See snowfall totals in Delaware on Monday

Animal ownership in Delaware  

Dogs and their people take in a late-afternoon visit to the dog run at Rockford Park in Wilmington after snow moved out of the area, Monday, Jan. 6, 2025.

According to the Delaware Code, “custody” of an animal “includes the responsibility for the welfare of an animal subject to one’s care and control whether one owns it or not.”  

It is important to note that a person who provides sterilization or care to a free-roaming cat that lacks a designated owner is not deemed the owner and does not have custody, care or control of the cat when it comes to enforcing animal protections in Delaware.   

This means that if you are taking care of any free-roaming cats in your neighborhood, you are not required by law to bring them into your home during inclement weather. The above rules apply only to animals that are owned by an individual, like a house cat, dog or other household pet.   

Got a tip or a story idea? Contact Krys'tal Griffin at kgriffin@delawareonline.com.      



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