CHAPTER 205

RELATING TO PROTECTION OF STATE OWNED PROPERTY AND EQUIPMENT

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "GENERAL PROVISIONS RESPECTING THE POLICE", WITH REFERENCE TO THE PROTECTION OF STATE-OWNED PROPERTY AND EQUIPMENT.

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

Section 1. That Chapter 100 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding after 3961. Sec. 66. of Article 16 thereof, a new Section to be designated 3961A. Sec. 66A. as follows:

3961A. Sec. 66A. Unlawful to Destroy, Damage or Carry Away State Property; Penalty; Jurisdiction of Courts; Arrest of Violator:--It shall be unlawful for any person or persons to destroy, mutilate, deface, injure or remove any part thereof, of any State property, equipment, furniture, fixtures, buildings, monuments, markers, tablets, signs, plaques or statues.

It shall be unlawful for any person or persons to, in any manner, cut down, destroy, break, dig, take or carry away without lawful authority or consent, any shrub, tree, bush or vine being or growing on any State-owned property.

Whoever shall enter into or trespass upon the property aforesaid and shall damage, destroy or injure the same, shall be guilty of violating the provisions of this Act. Any person convicted for the violation of any provision of this Act shall be punished by a fine of not less than Fifteen Dollars (*15.00) nor more than One Hundred Dollars ($100.00) within the discretion of the Court. Any Justice of the Peace of the State, any Court of Common Pleas of the State, and the Municipal Court of the City of Wilmington, shall, within their respective jurisdictions, have plenary jurisdiction of any violation of the provisions of this Act.

Any constable, or other conservator of the peace, State official or employee, the owner or occupier of such lands or, property, his agent or employee, or any other person or persons whom he or any of them may call to their or his assistance shall have authority to arrest such trespasser or damager of property, either with or without warrant, either upon the premises or in immediate flight therefrom, and, if with warrant, then at any place.

Approved April 7, 1947.