CHAPTER 35

PROHIBITING USE OF PROPERTY WHICH EMITS FOUL ODORS NEAR GOVERNOR BACON HEALTH CENTER

AN ACT TO AMEND TITLE 16, DELAWARE CODE OF 1953 ENTITLED "HEALTH AND SAFETY" BY PROHIBITING THE ERECTION OF ANY STRUCTURE OR THE USE OF ANY STRUCTURE OR PREMISES FOR ANY PURPOSE WHICH WILL OR MIGHT EMIT FOUL OR OFFENSIVE ODORS WITHIN A RADIUS OF THREE MILES OF THE GOVERNOR BACON HEALTH CENTER; EXCEPTIONS.

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

Section 1. Subchapter 1, Chapter 53, Title 16, Delaware Code of 1953, is amended by adding thereto the following new section:

§ 5311. Restriction on offensive use of property within three miles

(a) No person shall erect or cause to be erected any structure or use or cause to be used any structure, or premises for any purpose which will or might emit foul or offensive odors, gases, efflusion or stenches within a radius of three miles of the Governor Bacon Health Center. However, nothing in this section shall prohibit the raising of poultry, or livestock and the processing of the same, or the processing of farm produce.

(b) Whoever violates the provisions of this section shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.

(c) Whenever such nuisance exists the Attorney General of the State, or any person who is a citizen of the county, or has an office therein, may bring an action in equity in the name of the State of Delaware, upon the relation of such Attorney General, or person, to abate such nuisance and to perpetually enjoin the person maintaining the same from further maintenance thereof.

Approved April 9, 1953.