CHAPTER 239 - GENERAL PROVISIONS RESPECTING THE POLICE - PUBLIC CONVEYANCES

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO GENERAL PROVISIONS RESPECTING THE POLICE BY PROHIBITING SMOKING IN TRACKLESS TROLLEY COACHES AND GASOLINE ENGINE PROPELLED BUSES USED AS A PUBLIC CONVEYANCE FOR CARRYING PASSENGERS; PROVIDING PENALTY FOR OFFENSE AND JURISDICTION OF COURT TO TRY SUCH OFFENSE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each House concurring therein):

Section 1. That Chapter 100 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by adding a new Section following 3967 Sec. 72 thereof, to be known as 3967A. Sec. 72A as follows:

3967A. Sec. 72A. Whoever shall, in any trackless trolley coach or gasoline engine propelled bus being used as a public conveyance for carrying passengers within this State, smoke or carry a lighted cigarette, cigar or pipe shall be deemed guilty of a public nuisance, and upon conviction thereof shall be deemed guilty of a misdemeanor and be punished by a fine not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00).

Any Justice of the Peace in any County shall have jurisdiction and authority to hear, try and finally determine any offense committed under this Section; and the Municipal Court of the City of Wilmington shall have concurrent jurisdiction to hear, try and determine any such offense committed within the limits of the City of Wilmington.

Approved April 20, 1945.