CHAPTER 291

GENERAL PROVISIONS RESPECTING POLICE PROVIDING FOR REMOVAL OF OBSTRUCTIONS TO PLACES BELIEVED TO BE USED FOR GAMBLING

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, BY REPEALING CERTAIN PARTS THEREOF AND BY PROVIDING FOR THE REMOVAL OF OBSTRUCTIONS TO PLACES BELIEVED TO BE USED FOR GAMBLING; NOTICE TO CERTAIN PERSONS; CREATING A LIEN FOR EXPENSES OF REMOVAL; MISDEMEANOR IF OBSTRUCTED WITHIN ONE YEAR AFTER REMOVAL; PENALTIES; FINES A LIEN; SUBSEQUENT OFFENSES; JURISDICTION.

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 Branch thereof concurring therein):

Section 1. That Chapter 100, Revised Code of Delaware, 1935, be and the same hereby is amended by striking out and repealing all of 4060. Sec. 165., and by substituting in lieu thereof a new Section to be known as 4060. Sec. 165., as follows:

4060. Sec. 165. Removal of Obstructions to Places Believed to be Used for Gambling; Notice; Lien for Expense; Misdemeanor if Obstructed within One Year of Removal; Penalties; Fines a Lien; Subsequent Offenses; Jurisdiction:--(a) If any Captain of Police or Chief of Police in this State finds that access to any building, apartment or place which he has reasonable cause to believe is resorted to for the purpose of gambling is barred by any obstruction, such as a door, window, shutter, screen, bar or grating of unusual strength, other than what is usual in ordinary places of business, or any unnecessary number of doors, windows or obstructions, he shall order the same removed by the owner or agent of the building where such obstruction exists, and if any of the said officers cannot find either of the persons mentioned, so as to make personal service, said notice shall be posted upon the outside of the apartments and on the outside of said building, and upon the neglect to remove such obstruction for seven (7) days from the date of said order or posting of said notices, any of said officers shall cause such obstructions to be removed from such building, and the expenses of such removal shall be a lien on said building and be collected by the officer removing such obstruction in the manner in which a mechanic's lien is collected.

(b) If, within one year after removal of said obstruction, the premises are again obstructed as above defined, the Captain of Police or Chief of Police shall have the same power of removal as provided in the preceding Section, and in addition the owner or agent when such second order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than Two Hundred and Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), and the amount of said fine shall be a lien upon said building and be collected in like manner as provided in the preceding Section. And for every subsequent obstruction as above defined, at any time within two years of the giving of the second notice, as above provided, said officers shall have the same powers as provided in the preceding Section for removing the obstructions, and the owner or agent at the time such third or subsequent order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or may be punished by imprisonment for one year, and the amount of said fine shall be a lien upon the said building, and shall be collected in like manner as above provided. Obstructions as above defined, erected more than two years after the giving of the notice of the third offense, shall be construed to be a first offense under this Section.

Section 2. The Municipal Court for the City of Wilmington and the Courts of Common Pleas shall have jurisdiction of violations of this Section.

Approved June 5, 1951.