Wilmington, DE Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Basis for declaration
- Behavior, not breed
- Deciding body
- Justice of the Peace Court
- Standard of proof
- Clear and convincing evidence
- Required liability insurance
- $100,000 minimum
- Leash/chain limit
- 6 feet maximum
Summary
Wilmington judges a dog dangerous by its conduct, not its breed: the Justice of the Peace Court declares status case by case under city and state law.
The justice of the peace court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any of the following:(1)Killed or inflicted physical injury or serious physical injury upon a human being.(2)Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Wilmington City Code § 3-17 lets the Justice of the Peace Court declare a dog "dangerous" only after clear and convincing evidence it killed or seriously injured a person or another animal on that animal's own property. There is no breed list: declaration is incident-based per 16 Del. C. § 3076F/3077F, referenced directly in the city code. Once declared dangerous, the owner must spay or neuter the dog, carry at least $100,000 in liability insurance, keep it in a proper enclosure or muzzled and leashed (six feet max) outside it, post a warning sign visible from the street or 100 feet, and report the animal welfare agency immediately if it escapes, attacks again, changes address, or dies.
Violations & Fines
Keeping a declared dangerous dog without meeting all Sec. 3-17(b) conditions is unlawful; selling or giving away a dangerous dog to anyone but the animal welfare agency is also barred, with fines tied to Sec. 3-10(d): up to $5,000 for repeat offenses.
Frequently Asked Questions
Does Wilmington ban specific dog breeds?
What must an owner do once a dog is declared dangerous?
Sources & Official References
Other rules in Wilmington
How Wilmington compares: Cities with No Dog Breed Restrictions·Compare Wilmington to another location·View the Delaware animal ordinances overview
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