Definitions
Under Chapter 30F, Animal Welfare, “service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.16 Del.C. § 3056F
Under Chapter 45 on Equal Accommodations, “service animal” means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
6 Del.C. § 4502
SDIT Covered?
Yes. A place of public accommodation must permit an individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.6 Del.C. § 4504.
Accommodation Law
Under chapter on Commission for the Blind:Any person who by reason of loss or impairment of eyesight or hearing is accompanied a “seeing eye dog,” is entitled to the full and equal accommodations and shall be entitled to take the dog into such conveyances and places.
Deprivation of this right results in a fine of not more than $100, or be imprisoned for a period not exceeding 3 months, or both.
31 Del.C. § 2117
Under chapter on Equal Accommodations:
A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
6 Del.C. § 4504.
Section 4508 details the procedure for a complaint by an aggrieved person.
Harassment of/Interference with Service Dogs
No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor.No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor.
No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony.
No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.
16 Del.C. § 3056F
Driving Law
Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a person wholly or partially blind, accompanied by a guide dog, upon a roadway.21 Del.C. § 4144
Licensing Law
The license fee set by the Department shall not be required to be paid when the dog is one which qualifies as a seeing eye, lead, or guide dog or as a dog which has previously served in a branch of the United States armed forces. The Department shall issue either a metal license tag or an alternative method for identification for such dogs without the necessity of the payment of the dog license fee.16 Del.C. § 3042F
