CHAPTER 292 - MOTOR VEHICLES IN RELATION TO THE RIGHTS AND DUTIES OF PEDESTRIANS

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "MOTOR VEHICLES" IN RELATION TO THE RIGHTS AND DUTIES OF PEDESTRIANS USING THE HIGHWAYS; PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF.

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

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 5651. Sec. 113. thereof and by substituting and enacting in lieu thereof a new 5651. Sec. 113. as follows:

5651. Sec. 113. Unlawful to Solicit Ride, to Stop Any 'Vehicle For Sale of Merchandise, &c., to Ride Without Consent of Driver, to Throw Anything from Vehicle in Motion, to Fail to Stop Upon Signal of Police Officer, to Walk upon a Public Highway While Under Influence of Intoxicating Liquor or Narcotic Drug, to Walk Upon Paved Highway Except When Facing Oncoming Traffic; Pedestrians Subject to Traffic Control Signals; Pedestrians' Right-of-Way in Crosswalks; Crossing at Other Than Crosswalks, Drivers to Exercise Due Care:--

(a) It shall be unlawful for any person or persons to stand in a roadway for the purpose of or while soliciting a ride from the operator of any private vehicle.

(b) It shall be unlawful for any person or persons to stand in the roadway of a highway to stop, impede, hinder, or delay the progress of any vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause whatsoever. And the only question of law and fact in determining guilt under this Section shall be whether goods, merchandise, or tickets were tendered or offered for sale, or whether a contribution was solicited.

(c) No person shall ride upon any vehicle without the consent of the driver and when any person is riding on any vehicle with the driver's consent, no part of the person's body must protrude beyond the limits of the vehicle.

(d) It shall be unlawful for any person to throw from any vehicle while it is in motion, any goods, merchandise, or bundles of any kind whatsoever.

(e) Any driver shall, upon one blast of a police whistle given by a police officer with hand raised bring his vehicle to a full stop, and shall not proceed again until receiving a signal so to do from such officer. Three or more blasts of the pence whistle is the signal for alarm and indicates the approach of a fire engine or other danger.

(f) It shall be unlawful for any person to walk or be upon a public highway of this State while under the influence of intoxicating liquor or narcotic drugs.

Every person convicted of a violation of Paragraph (f) shall be punished for the first offense by a fine of not less than $10.00 nor more than $50.00 and/or by imprisonment for not less than 10 days nor more than 30 days. On a second or subsequent conviction within one year he shall be punished by imprisonment for not less than 10 days nor more than 60 days, and, in the discretion of the court by a fine of not less than $20.00 nor more than $100.00. On a third conviction within one year he shall be punished by imprisonment for not less than 30 days nor more than 90 days and in the discretion of the court by a fine not less than $50.00 and not to exceed $100.00.

() It shall be unlawful for a pedestrian to walk upon the paved area of any highway in the State of Delaware, beyond the corporate limits of any City or Town, except when facing oncoming traffic and on the extreme edge of the lane over which such oncoming traffic approaches.

(a) Pedestrians shall be subject to traffic control signals at intersections as declared in this Section but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Article 5 (5) of Chapter 165, Revised Code of Delaware, 1935.

(i) (1) When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Paragraph (j) (2) of this Section.

(2) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(j) (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(k) Notwithstanding the foregoing provisions of this article 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 any child or any confused or incapacitated person upon a roadway.

Section 2. That Chapter 165 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 5679. Sec. 141. thereof and by substituting and enacting in lieu thereof a new 5679. Sec. 141. as follows:

5679. Sec. 141. Penalty for Violations of Provisions of Sections 82, 113 (c), (d), (e), (i) (2), (k), 124 to 127 inclusive, 128 (a), (b), (c), (d), (e), (f), (g), (i), 129 to 131 inclusive, and 134 and 135; Penalty for Violations of Provisions of 113 (a), (b), (g), (h), (i) (1), (j), 128 (h):--Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 82, 113, (c), (d), (e), (i), (2), (k), 124 to 127 inclusive, 128, (a), (b), (c), (d), (e), (f), (g), (i), 129 to 131 inclusive, and 134 and 135 of this Chapter, shall be punished for the first offense by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00), or imprisonment for not less than two (2) days, nor more than ten (10) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or by imprisonment for not less than two (2) days nor more than fifteen (15) days, or by both such fine and imprisonment.

Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 113 (a), (b), (g), (h), (i) (1), (j) and 128 (h) of this Chapter shall be punished for the first offense by a fine of not less than Two Dollars ($2.00), nor more than Twenty-five Dollars ($25.00) and/or imprisonment for not less than two days, nor more than ten days and for every subsequent like offense within one year, shall be punished by a fine of not less than Ten Dollars ($10.00), nor more than Twenty-five Dollars ($25.00) and/or by imprisonment for not less than two days, nor more than thirty days.

Approved April 24, 1945.