CHAPTER 15

PROHIBITING OUT OF DOOR FIRES AND SUSPENDING OPEN SEASON ON GAME UNDER CERTAIN CONDITIONS

AN ACT TO AMEND CHAPTER 21, TITLE 29, DELAWARE CODE OF 1953, ENTITLED "GOVERNOR" BY AUTHORIZING THE GOVERNOR TO PROHIBIT BY PROCLAMATION THE SETTING OF, OR PERMITTING ANY OUT-OF-DOOR FIRES UNDER CERTAIN CONDITIONS WITHIN DESIGNATED AREAS OF THIS STATE; TO SUSPEND THE OPEN SEASON ON GAME WITHIN SUCH AREAS; PROVIDING FOR THE EFFECTIVE TIME AND RESCINDING OF SUCH PROCLAMATION AND PROVIDING PENALTIES THEREFOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code of 1953, is amended by adding the new section as follows:

§ 2111. Special powers in case of extreme fire hazard

The Governor, may by proclamation, upon the recommendation of the State Forester of the existence of extreme wild fire hazard under conditions of drought or other conditions or situations creating a fire hazard detrimental to the public interest, declare, designate, and establish definite areas within which it shall be unlawful during the period covered by the proclamation to set fire to or in any manner cause to be set on fire any marsh, woods, cuttings of forest growth, leaves, grass or other material or to kindle a camp fire or have any out-of-door fire. The Governor may also by proclamation suspend any open hunting season of wild life under the above conditions within any designated areas.

Any such proclamation shall be in full force and effect at the expiration of twenty-four (24) hours after public notice is given in the manner the Governor shall determine and shall remain in full force until rescinded by the Governor.

Whoever violates the provisions of this section shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) or imprisoned not less than thirty (30) days nor more than ninety (90) days or both.

Approved March 17, 1953.