CHAPTER 127

GENERAL PROVISIONS RESPECTING POLICE

RELATING TO DEPOSIT OF REFUSE ON REAL PROPERTY

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 DEPOSIT OF REFUSE AND OTHER MATERIAL ON REAL PROPERTY BOTH PUBLIC AND PRIVATE.

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, as amended, be and the same is, hereby further amended by striking out and repealing all of 3963. Sec. 68. thereof, and by inserting and enacting in lieu thereof a new 3963. Sec. 68., as follows:

3963. Sec. 68. DEPOSITING OF REFUSE AND OTHER MATERIAL UPON PUBLIC OR PRIVATE REAL PROPERTY; UNLAWFUL; WHEN; PENALTY:--It shall be unlawful and it is hereby prohibited for any person, in person, by agent or otherwise, to cast, throw, fell or deposit or in any manner cause to be felled or deposited on or upon any public or private real property anywhere in the State of Delaware, without first obtaining the consent of the legal owner or custodian of such property or premises first obtained for that purpose, in the case of private property, or from the legal authority having control, management or administration thereof in the case of such public property, any refuse, debris, waste, dirt, trash, brush, tree or part thereof, offal or any other material matter or substance of any kind whatsoever, provided, however, that no such refuse, et cetera, shall be dumped or deposited within fifty (50) feet of any highway, whether or not the consent required has been obtained, except where any authorized dumping

is to fill a low place to a level not higher than the adjacent roadway shoulder, and provided a sign has been erected designating such place for dumping.

Any person convicted for the violation of any provision of this Section, 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.

Approved May 23, 1949.