CHAPTER 238 - OFFENSES AGAINST RELIGION, MORALITY AND DECENCY—SABBATH BREAKING

AN ACT TO AMEND CHAPTER 153, SEC. 4 OF THE REVISED CODE OF DELAWARE, 1935, BEING CODE SECTION 5253 THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 5253. Sec. 4. of Chapter 153 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out the first six paragraphs thereof and substituting in lieu thereof the following:

5253. Sec. 4. It shall be unlawful for any person, firm, or corporation to engage in, participate in, or attend, outside the corporate limits of any incorporated city or town of the State of Delaware, any horse racing, public auction, public dance, public theatrical performance or public performances of motion pictures, with or without sound, on Sunday.

It shall be unlawful for any person, firm, or corporation to engage in, participate in, or attend any of the activities mentioned in the preceeding* paragraph within the limits of any incorporated city or town of this State on Sunday before the hours of twelve noon and between the hours of six P. M. and eight P. M.

The city or town council or other legislative body of any incorporated city or town shall have the power to prohibit or regulate by ordinances or other legislative act any worldly activity other than those mentioned in the second preceeding* paragraph thereof before twelve noon and between the hours of six P. M. and eight P. M. on Sunday.

The city or town council or other legislative body of any incorporated city or town shall have the power to prohibit or regulate any worldly activity on Sunday between the hours of noon and six P. M. and between the hours of eight P. M. and midnight on Sunday.

*So enrolled.

Nothing contained herein shall effect in any way the provisions of Chapters 74 and 176 of the Revised Code of Delaware, 1935, as amended.

The term "theatrical performance" in this section shall not include the reception of broadcast, radio or television programs or any lecture or musical concert.

Any person, firm or corporation who shall violate any of the provisions hereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished, for the first offense by a fine of not less than Ten Dollars ($10.00), or more than Fifty Dollars ($50.00), or by imprisonment of not more than ten (10) days or by both fine and imprisonment in the discretion of the court and for the second and each subsequent offense shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred and Fifty Dollars ($250.00), or by imprisonment for not more than two (2) months, or by both fine and imprisonment in the discretion of the court.

Section 2. This act shall not be separable, and if any of the provisions hereof shall be held to be invalid the entire act shall be held to be invalid.

Approved March 14, 1941.