This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
RULES AND REGULATIONS
FOR THE POSSESSION, SALE OR EXHIBITION OF
LIVE WILD MAMMALS OR HYBRIDS OF WILD MAMMALS OR
LIVE REPTILES NOT NATIVE TO OR GENERALLY FOUND IN THE
STATE OF DELAWARE
May 16, 1994
These regulations govern the possession, sale and exhibition of live wild mammals or live reptiles not native to or generally found in the State of Delaware. These regulations are promulgated pursuant to the authority granted by 3 Del, C. Ch. 72. The State Veterinarian or his or her designee shall have the authority to administer these Rules and Regulations and shall be solely responsible for making the determinations required hereunder. If future situations warrant, these regulations may be amended.
The following terms when used in these Rules and Regulations shall have the following meanings:
a. "Department" means the Delaware Department of Agriculture.
b. "Subject Creatures" means live wild mammals or hybrids of wild mammals or live reptiles not native to or generally found in Delaware which are not specifically exempted by these Rules and Regulations from the requirements of these Rules and Regulations and Chapter 72 of Title 3 of the Delaware Code.
c. "Hybrid of a Wild Mammal" means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware.
d. "Not Native to or Generally Found in Delaware" means those species which according to the Delaware Department of Natural Resources and Environmental Control, Division of Fish and Wildlife are not native to Delaware.
e. Omitted
f. Omitted
g. Omitted
h. "Carnivores" means flesh-eating mammals which possess teeth and claws adapted for attacking and devouring their prey.
i. "Omnivores" means that group of animals which eat any sort of food, especially both animal and vegetable in origin.
The following requirements must be met before the Department will issue a permit to possess, sell or exhibit a subject creature.
a. There must be two enclosures to house a subject creature, a primary enclosure and a secondary enclosure. Fastening or locking devices shall be required on both the primary and the secondary enclosures and must be tamper proof from the general public.
b. The primary enclosure shall consist of a pen, cage or other enclosure where the subject creature will be kept, and must be of such a construction that it cannot be destroyed by or escaped from by the subject creature.
c. The secondary enclosure must be of a type sufficient to prevent the subject creature from escaping from the property of the custodian of the subject creature should the subject creature escape from its primary enclosure. The secondary enclosure shall be of a type sufficient to prevent bodily contact between members of the public and the subject creature.
d. Omitted (deals with reptiles)
e. If the subject creature is removed from the primary and/or secondary enclosure for any reason, it will be the responsibility of the owner/caretaker to make every effort to insure against the escape of the creature.
If the subject creature is out of the enclosure for the purpose of exercise, it will be the responsibility of the owner/caretaker to have the creature restrained by such a device that the creature will be under the strict control of the owner/caretaker at all times. Under strict control of the owner/caretaker shall be deemed to mean that the owner/caretaker will have the creature restrained to such a degree as to prevent its attacking humans or other animals that may come within its close proximity.
If the subject creature is to be moved from one location to another for any reason, the creature shall be transported in such a cage or other transportation device that will be strong enough to preclude its escape while in transport.
A subject creature or creatures must be receiving proper care, humane treatment and veterinary treatment, if required. The State Veterinarian may consult with the local Society for the Protection of Cruelty to Animals (the "S.P.C.A.") to enforce the provisions of this rule.
The subject creature must not be a public nuisance. A nuisance will be considered as including, but not limited to, a subject creature which created excessive odors or noise, displays obnoxious behavior or causes justifiable fear.
Prior to the granting of a permit under this section, a final inspection of the premises where the subject creature or creatures are to be housed shall be completed by the department personnel to ensure that the requirements of these Rules and Regulations are being met by the applicant. The applicant must schedule such an inspection with the Department. Nothing contained herein shall be construed to prohibit the Department's personnel from reinspection the applicant's premises at any time.
There shall be two types of permits which may be issued by the Department: 1) an individual permit; and 2) a class permit.
When the subject creatures are kept as pets, the custodian of the subject creature must apply to the Department on forms supplied by the Department for an individual permit for each subject creature so kept. Individual permits granted by the Department shall be valid for the life of the subject creature, provided, however, that said permit or permits shall expire when the custodian transfers possession of the subject creature to another person. Each animal will require a permit. Any natural addition (born from the animals already permitted will require a permit when reaching the age of three (3) months if continued to be kept on original premise.
When subject creatures are kept for resale or exhibit, or for medical or psychological research, the custodian of the subject creature or creatures shall apply to the Department on forms provided by the Department for a class permit for each class of subject creatures so kept. Applicants may be granted permits for the following classes of subject creatures:
(1) Reptiles;
(2) Primates;
(3) Herbivores;
(4) Carnivores; and
(5) Omnivores.
The State Veterinarian may refuse to grant a permit under these Rules and Regulations, or may cancel a permit issued under these Rules and Regulations, if the applicant or permit holder is not in compliance with these Rules and Regulations or 3 Del. C. Ch. 72.
a. Omitted
b. Omitted
Prior to any change of possession or relocation of a subject creature for any reason whatsoever, the transferor or person relocating a subject creature shall notify the Department in writing on forms provided by the Department of such transfer or relocation. No transfer of possession or relocation of a subject creature may occur unless and until the transferee or the person relocating the subject creature applies for and is granted a new permit by the Department as herein provided.
Within twenty-four hours of the escape of any subject creature or creatures from the custody of its custodian, said custodian shall notify the Department of such escape, and provide reasonable assistance and cooperation to the Department to recapture said subject creature or creatures.
When the Department has reason to believe that a subject creature is being kept by a person without a proper permit issued pursuant to these Rules and Regulations, the Department shall notify such person of such violation in writing. Such person shall have ten (10) calendar days from the date of this notice to obtain a proper permit pursuant to these Rules and Regulations. At the discretion of the State Veterinarian and for good cause shown, upon written request of the person, the State Veterinarian may grant an additional ten (10) day extension to such person, if, in the State Veterinarian's sound discretion, such extension will not endanger the public health, safety and welfare. The lack of money or resources needed to come into compliance with these Rules and Regulations and 3 Del. C. Ch. 72 shall not be good cause for an extension under this Rule.
a. Omitted
b. Omitted
If a person fails to comply with these Rules and Regulations or 3 Del. C. Ch. 72 within the time allowed by the State Veterinarian or his or her designee, and fails to place the subject creature or creatures in a holding facility approved by the State Veterinarian, a list of which facilities will be maintained and made available by the Department, the State Veterinarian may order confiscation and euthanization of the subject creature or creatures kept in violation of these Rules and Regulations or 3 Del. C. Ch. 72 without further notice to the custodian of said subject creature or creatures or any other person.
Nothing in these Rules and Regulations shall be construed to prohibit the Department from confiscating and destroying any subject creature without notice or a hearing when in the opinion of the State Veterinarian in his or her sound discretion such emergency action is required to protect the public health, safety or welfare.
House of Representatives
137th General Assembly
House Bill No. 182 As amended by
House Amendment Nos. 1 and 2 (Dated July 6, 1993)
AN ACT TO AMEND CHAPTER 72, TITLE 3, DELAWARE CODE RELATING TO POSSESSION OF
MAMMALS OR REPTILES EXOTIC TO DELAWARE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 72, Title 13, Delaware Code by striking said Chapter Title and Sections 7201 and 7202 In their entirety and substituting in lieu thereof the following:
No person shall bring into this state, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal or live reptile not native to or generally found in Delaware without first securing a permit under this chapter. The Department of Agriculture may adopt regulations to exempt such mammals and reptiles that do not represent a significant threat to community interests from the provisions of this chapter.
The Department of Agriculture shall enforce this chapter and may issue a permit where the possession or exhibition of a live wild mammal or hybrid of a wild mammal or live reptile will be in the public interest, and may promulgate rules and regulations for the proper enforcement of this chapter, The Department may designate agencies authorized to conduct animal cruelty enforcement and/or dog control enforcement to enforce the provisions of this chapter. The Department Shall receive a fee of $25 for each and every permit issued. Nothing in this chapter shall be deemed to prevent the use of any live wild mammal or hybrid of a wild mammal or live reptile in medical or psychological research or for display in any municipal zoological park or traveling circus after issuance of a permit."