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Wilmington, DE Noise Ordinances: Barking Dogs (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Barking dog rules in Wilmington, DE, also called nuisance dog, dog noise, or excessive barking ordinances, define when a barking dog becomes a code violation and how complaints are handled.

Key Facts

Governing section
Wilmington City Code § 11-60(c)(5)
Continuous trigger
continuously or incessantly for a period of ten minutes
Intermittent trigger
intermittently for one-half hour or more
Animals covered
any animal or bird
Enforcing agency
Wilmington Police Department
First-offense fine
$250 to $1,000

Summary

Wilmington makes it unlawful to own, possess, harbor or control an animal or bird that barks, bays, cries or squawks continuously for ten minutes, or intermittently for a half hour or more, when the noise causes a noise disturbance within a receiving property. City Code § 11-60(c)(5) reaches birds and other animals as well as dogs, and the Wilmington police department enforces it.

Animals and birds. Owning, possessing, harboring or controlling any animal or bird which barks, bays, cries or squawks or makes any other noise continuously or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more thereby causing a noise disturbance within a receiving property; provided, however, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property.

Source: Wilmington City Code Ch. 11, Art. III – NoiseView official code

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

City Code § 11-60(c)(5) appears in Wilmington's noise article under the heading "Animals and birds." The rule is aimed at the person, not the animal. It covers anyone "owning, possessing, harboring or controlling" the animal, so responsibility is not limited to the legal owner. A person who harbors or controls the animal is covered on the same terms.

The provision is not limited to dogs either. It names "any animal or bird," and it lists barking, baying, crying and squawking before adding "any other noise." A squawking bird is treated the same way as a barking dog.

The subsection sets separate time tests. The first is noise made "continuously or incessantly for a period of ten minutes." The second is noise made "intermittently for one-half hour or more." The continuous test is the shorter one: ten minutes of unbroken noise is enough. The intermittent test is written for an animal that stops and starts, and it takes a half hour or more of that on-and-off pattern to qualify. Either test is sufficient by itself.

Meeting a time test is not the whole offense. The noise must also be "causing a noise disturbance within a receiving property." The question is the effect at the property where the sound is received, not how loud it seems at the home where the animal is kept.

The subsection carries its own condition. It applies only when, at the time the animal or bird is making the noise, "no person is trespassing or threatening to trespass upon private property." An animal sounding off at a trespasser falls outside the rule, and so does an animal that someone teased or provoked. The police department enforces the noise article.

Violations & Fines

A violation is a misdemeanor under § 11-59. The fine is $250 to $1,000 for a first offense, $500 to $2,500 for a second offense, and $1,000 to $5,000 for third and later offenses. Each day of violation is a separate offense.

Frequently Asked Questions

How long must a dog bark before it's a violation in Wilmington?
Ten minutes if the barking is continuous or incessant, or a half hour or more if it is intermittent. Under § 11-60(c)(5) the noise must also cause a noise disturbance within a receiving property.
Is there a defense if the dog was provoked?
Yes. The subsection applies only when no person is trespassing or threatening to trespass upon private property at the time of the noise, and it doesn't apply if someone teased or provoked the animal.
Does Wilmington's rule apply only to dogs?
No. § 11-60(c)(5) covers any animal or bird that barks, bays, cries or squawks or makes any other noise, so a noisy bird is judged by the same time tests as a dog.
Can I be cited if the dog isn't mine?
Yes, if you possess, harbor or control it. The Wilmington subsection lists owning, possessing, harboring and controlling as separate ways to be responsible for the animal.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

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