CHAPTER 339

RELATING TO HUNTING OR SHOOTING FROM MOVING VEHICLES

AN ACT TO AMEND CHAPTER 7, TITLE 7, DELAWARE CODE RELATING TO HUNTING OR SHOOTING FROM MOTOR VEHICLES, BOATS OR FARM MACHINERY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each House concurring therein):

Section 1. § 746, Title 7, Delaware Code is repealed.

Section 2. § 708, Title 7, Delaware Code is amended to read as follows:

(a) No person shall shoot at or kill any birds or animals protected by the laws of this State by means of any firearms at any time or place while such person is the occupant of any motor vehicle, motor or sail boat or is riding in or upon any piece of farm machinery. The presence of any person in or on any conveyance used in violation of this section shall be deemed to be a violation of this section.

(b) Whoever violates any of the provisions of this Section in the day time, between sunrise and sunset, shall be fined not less than $25.00 nor more than $50.00 for each offense. Whoever violates any provisions of this Section between sunset and sunrise of any day, shall be fined not less than $50.00 nor more than $100.00 for each offense. Upon failure to pay forthwith any fine imposed under the provisions of this Section, together with the costs of prosecution, the offender shall be imprisoned not more than 30 days unless the fine and costs are sooner paid.

(c) Justices of the Peace shall have jurisdiction to hear and determine violations of this Section.

Approved March 31, 1958.