Delaware is one of the more pit bull-friendly states in the country, but that does not mean you can skip learning the rules. While the state has taken a firm stance against breed-based discrimination, it still holds dog owners to a clear set of behavior-based standards — and the consequences for falling short can be serious.
Whether you already live in Delaware with a pit bull or you are planning to move there, understanding how state law treats your dog is essential. This guide walks you through every layer of the legal landscape, from statewide protections to local nuances, containment rules, and what happens if your dog is ever involved in an incident.
Does Delaware Allow Breed-Specific Legislation
The short answer is no. On June 2, 2017, Delaware Governor John Carney signed House Bill 13, which protects the rights of responsible dog owners by prohibiting any dog from being declared “potentially dangerous” or “dangerous” under state law simply based on the dog’s breed. This was a landmark shift for the state.
House Bill 13 also prohibits municipalities from enacting laws or regulations based on a dog’s breed. That means no city, county, or town in Delaware can legally single out pit bulls — or any other breed — for special restrictions or bans.
The law blocks local county and city governments from banning or restricting someone’s right to own certain breeds or mixed breeds, essentially allowing Delawareans to own any breed of dog they choose.
Key Insight: Delaware’s anti-BSL law is behavior-based, not breed-based. A dog is evaluated on what it has actually done, not on how it looks or what breed it is.
Leading animal welfare and veterinary organizations, including the American Veterinary Medical Association (AVMA) and the ASPCA, oppose breed-specific legislation. Both groups advocate for breed-neutral, behavior-based approaches to dog regulation, emphasizing responsible ownership, education, and enforcement of leash and licensing laws over banning specific breeds. Delaware’s law aligns with that philosophy.
If you own a pit bull in a neighboring state and are curious how those rules compare, you can review pit bull laws in Pennsylvania or pit bull laws in Virginia for context on how nearby states handle the same issue.
Local Pit Bull Bans and Restrictions in Delaware
Because Delaware’s statewide law preempts breed-specific ordinances, no municipality in the state can currently enforce a pit bull ban. However, it is worth understanding the history — and knowing that private entities are a separate matter entirely.
Before HB 13 passed, Wilmington had its own pit bull ordinance. Pit bull BSL ended in Wilmington when the city council voted unanimously to end the pit bull legislation, to the literal applause of local pit bull owners. That repeal, combined with the later statewide law, means Wilmington is now fully in line with the rest of Delaware.
States where there is some sort of state-level law that prohibits BSL from being enforced may still have cases being allowed due to either being grandfathered in or being part of a home-rule exemption due to the language of the legislation. Delaware’s HB 13 was written without such exemptions, making its preemption relatively clean compared to some other states.
Important Note: Private landlords, homeowners associations, and insurance companies are not bound by Delaware’s anti-BSL law. They can still impose their own breed restrictions. Always verify policies with any private party before assuming your pit bull is welcome.
If you are comparing Delaware’s approach to states that still allow local breed bans, take a look at pit bull laws in Ohio or pit bull laws in West Virginia, where the landscape is quite different.
Pit Bull Ownership Requirements in Delaware
While Delaware does not impose breed-specific requirements on pit bull owners, it does have standard dog ownership requirements that apply to everyone — and you need to know them.
Licensing
The Delaware Department of Health and Social Services issues dog licenses. The owner of any dog six months of age or older must apply for an individual dog owner license. All individual dog owner licenses are valid from the date of purchase for a period of time the Department determines. Licensing is not optional — it is a legal requirement for all dogs in the state, including pit bulls.
Vaccination
Delaware requires dogs to be current on rabies vaccinations. This is a standard condition tied to licensing and is enforced statewide. Your pit bull must have an up-to-date rabies certificate to be properly licensed.
Behavior-Based Designations
Rather than targeting breeds, Delaware uses a behavior-based system to identify dogs that may pose a risk. 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 killed or inflicted serious physical injury upon a human being, or killed or inflicted serious physical injury upon a domestic animal that was on the property of its owner or under the immediate control of its owner.
If the Department fails to demonstrate by clear and convincing evidence that a dog is dangerous or potentially dangerous, the Justice of the Peace Court shall declare the dog to be nondangerous. Despite a finding that the dog is nondangerous, the Justice of the Peace Court may impose any condition deemed reasonable given the circumstances of the case.
Pro Tip: Because pit bulls are sometimes visually misidentified, keeping documentation of your dog’s temperament evaluations, training records, and any canine good citizen certifications can be valuable if your dog is ever questioned by animal control.
For a sense of how other states handle ownership requirements, see pit bull laws in Texas or pit bull laws in Washington.
Housing and Property Restrictions in Delaware
Delaware’s anti-BSL law protects you from government-imposed breed restrictions, but it does not extend to the private rental market. This is one of the most practical challenges pit bull owners face in the state.
Private landlords retain the legal right to set their own pet policies, including breed restrictions. Patrick Carroll, executive director of the Delaware Humane Association, noted that the passing of HB 13 might encourage Delaware’s landlords to rethink their own breed restrictions and encourage families to adopt dogs based on their unique personalities, rather than basing that choice on breed alone. That said, this remains voluntary on the landlord’s part.
Homeowners associations (HOAs) can similarly impose their own rules. Before purchasing a home in a community governed by an HOA, review the CC&Rs (Covenants, Conditions, and Restrictions) carefully to confirm there are no breed-specific clauses.
In Delaware, homeowners’ insurance policies generally cover liability for dog-related injuries or damage to third parties. However, damage caused by a dog to the owner’s property is usually not covered. Dog owners are encouraged to review their policies and understand the extent of their coverage regarding dog-related incidents.
| Housing Situation | Breed Restrictions Allowed? | What to Do |
|---|---|---|
| Government housing | No (state anti-BSL law applies) | You are protected by HB 13 |
| Private rental | Yes (landlord discretion) | Negotiate in writing before signing a lease |
| HOA community | Yes (HOA rules apply) | Review CC&Rs before purchasing |
| Homeowner (no HOA) | No restrictions | Standard containment laws still apply |
If you are weighing Delaware against other states for pit bull-friendly housing, it may help to review pit bull laws in Vermont or pit bull laws in Rhode Island for comparison.
Containment and Control Laws in Delaware
Delaware has detailed statewide rules about how dogs must be controlled and contained. These apply to all dogs, including pit bulls, and violations carry real financial penalties.
Leash Requirements
No dog, unless exempted, shall be permitted to run at large outside at any time, and must be secured by means of a leash that is capable of physically restraining the movement of the dog. A dog is not considered at large if it is within the real property limits of its owner, on private property with permission, or within a vehicle being driven or parked.
Dogs are not allowed to run at large outside at any time in Delaware and must be secured by an appropriate leash, unless they are on their owner’s property, on another person’s property with permission, or in a vehicle. A dog does not have to be on a leash if it is controlled by its owner and is a working dog or in a designated off-leash dog park.
Penalties for Running at Large
Allowing a dog to run at large is a violation. Any owner or custodian who violates this subsection shall be fined not less than $25 or more than $50 for a first violation. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $50 or more than $100.
Tethering Rules
Delaware also regulates how dogs may be tethered on your property. Tethers must be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs. The tether must be of a type commonly used for the size of dog involved, made of material not normally susceptible to being severed by the dog. Tethers must be attached to the dog by means of a well-fitted collar that will not cause trauma or injury. Tethers must not be attached to a choke, pinch, prong, or martingale collar. The tether must be a minimum of 10 feet in length.
The dog may not be tethered for more than 2 hours when the dog owner or a responsible person is not present on the property.
Shelter Standards
Housing facilities for dogs must be designed and constructed so that they are structurally sound, have no sharp points or edges that could injure the dogs, and must contain the dogs securely and restrict other animals from entering. Additional bedding material and a windbreak shall be provided between November 1 and March 31 or when the temperature is 35°F (1.7°C) or lower.
Common Mistake: Many owners assume that a fenced yard automatically satisfies containment requirements. In Delaware, a fence must be structurally sound and fully secure. A dog that escapes a damaged or inadequate fence and causes harm can still result in owner liability.
Traveling Through or Moving to Delaware With a Pit Bull
If you are relocating to Delaware or simply passing through with your pit bull, the legal picture is straightforward and welcoming compared to many other states.
Moving to Delaware
Because Delaware prohibits BSL statewide, you will not encounter any government-imposed breed restrictions when you arrive. Once you establish residency, you will need to license your dog with the Delaware Department of Health and Social Services. The owner of any dog six months of age or older must apply to the Department or its duly authorized agents for an individual dog owner license. Make sure your dog’s rabies vaccination is current before applying.
Traveling Through Delaware
When traveling with dogs in Delaware, owners must keep their pets under control at all times. Dogs are not allowed to run off-leash outside and must be secured with a proper leash fit for the dog’s size. This law applies whether you are walking your dog in a park or transporting them in a vehicle.
Delaware law requires that dogs in vehicles be properly restrained. This can be achieved through the use of crates, harnesses, or other means to prevent the dog from distracting the driver or becoming a projectile in the event of a sudden stop.
Air Travel
For air travel, Delaware follows federal regulations, which require that dogs be safely contained in an appropriate carrier. Airlines set their own breed policies independently of state law, so always confirm with your carrier before booking a flight.
Crossing State Lines
Keep in mind that neighboring states may have very different rules. If your travel route takes you through Maryland or New Jersey, check local ordinances along the way. Some municipalities in non-preemption states still enforce breed-specific rules at the local level. You can review pit bull laws in Virginia or pit bull laws in Wyoming if your route extends further.
Pro Tip: Carry your dog’s current license, vaccination records, and any training certifications when traveling. These documents can help resolve misunderstandings quickly if you are stopped or questioned in an unfamiliar jurisdiction.
Liability and Penalties for Pit Bull Incidents in Delaware
Delaware takes owner accountability seriously. Whether or not your dog has ever been designated as dangerous, you carry legal responsibility for its actions.
Strict Liability
Delaware law holds a dog owner liable for any injury, death, or loss to person or property caused by their dog. Outside of specific exceptions, a dog owner is strictly liable for the damage caused by their dog. Strict liability means that a person does not have to have done anything wrong to be held liable. The dog owner does not have to be at fault or have broken any rules to be responsible for the damage caused by their dog. The victim only has to show that the dog owner owned the dog and that the dog caused the injuries or damage.
Dangerous Dog Designations and Required Compliance
If a dog is declared dangerous or potentially dangerous in Delaware, the owner must comply with certain legal obligations, such as spaying or neutering, liability insurance, proper enclosures and restraints, or a warning sign. An owner is also not allowed to sell or give a dangerous dog to anyone other than the Delaware Department of Health and Social Services.
Specifically, the dog owner must procure and maintain liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog. The dog must be confined by its owner within a proper enclosure or, when outside of the proper enclosure, kept under specific controls.
The dog owner must display, in a conspicuous manner, a sign on the premises warning that a dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less. The dog owner must immediately notify the Department when the dog is loose, unconfined, has attacked a human being or a domestic animal, has been moved to another address, or dies.
Fines and Impoundment Costs
If the owner does not comply with these legal obligations, they can be fined anywhere from $50 to $2,000, depending on which rule was violated and how often. In some situations, a dog that is declared dangerous may be euthanized.
If the Justice of the Peace Court declares a dog dangerous or potentially dangerous, the Court shall include in its judgment the costs associated with the care of the dog while in the Department’s custody. Prior to reclaiming the dog, the owner must reimburse the Department the amount indicated in the judgment or establish a payment plan approved by the Court. If the owner does not take either action within 10 days after judgment, ownership of the dog reverts to the Department and the Department may dispose of the dog by euthanasia.
Repeat Incidents
If a dangerous dog injures or kills another person or domestic animal without provocation within a certain time period after the first incident, Delaware law requires that the dog is immediately seized and disposed of. This is one of the most serious consequences under Delaware law, and it underscores why responsible containment matters so much.
| Violation | Potential Consequence |
|---|---|
| Dog running at large (first offense) | $25–$50 fine |
| Dog running at large (repeat within 12 months) | $50–$100 fine |
| Non-compliance with dangerous dog requirements | $50–$2,000 fine |
| Failure to pay impoundment costs within 10 days | Loss of ownership; potential euthanasia |
| Dangerous dog attacks again without provocation | Immediate seizure and euthanasia |
Important Note: Delaware’s strict liability rule means your dog does not need a prior history of aggression for you to be held financially responsible after an incident. Every dog owner in the state should carry adequate liability insurance.
If you own a pit bull in another state and want to understand how liability rules compare, pit bull laws in South Carolina and pit bull laws in Tennessee offer useful contrasts. You can also explore pit bull laws in Oregon or pit bull laws in Oklahoma for a broader picture of how states approach owner accountability.
Delaware’s framework is ultimately one of the more balanced in the country — it protects responsible pit bull owners from breed-based discrimination while still holding all owners firmly accountable for their dog’s behavior. Knowing both sides of that equation is the foundation of responsible ownership in the state.