CHAPTER 104

AN ACT TO AMEND CHAPTER 15, TITLE 9, OF THE DELAWARE CODE BY AUTHORIZING THE LEVY COURT OF NEW CASTLE COUNTY TO REGULATE OR PROHIBIT THE DUMPING OF GARBAGE, RUBBISH, ASHES OR OTHER WASTE MATERIAL, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

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

Section 1. § 1525, Title 9, of the Delaware Code is hereby repealed in its entirety and a new § 1525 is enacted and inserted in lieu thereof to read as follows:

§ 1525. (a). The Levy Court of New Castle County may regulate or prohibit the dumping of rubbish, garbage, ashes, or any other waste material in * or upon land within the county outside of any incorporated municipality and for that purpose adopt, and from time to time, amend or rescind suitable ordinances, rules or regulations, provided, however, that this section shall not apply to the Seventh Senatorial District of New Castle County.

(b). The Levy Court shall have the power to license public garbage collectors who comply with and meet the requirements of the rules, regulations and ordinances adopted by the Levy Court and the Levy Court shall charge each public garbage collector $100.00 per year for said license.

(c). Nothing in this section shall authorize the Levy Court to undertake public garbage collection.

(d). Any person, firm or corporation violating the regulations of the Levy Court established under this paragraph shall be guilty of a misdemeanor for each and every violation and shall be punishable by a fine not to exceed $200.00, or a prison sentence not to exceed 30 days, or both. In the case of continuing violations, each day of such violation shall constitute a separate offense.

(e). The Levy Court or any property owner of real estate within New Castle County injured by a violation of any ordinance, rule or regulation adopted by the Levy Court pursuant to the authority of this Section, may, in addition to other remedies provided by law, institute injunction, Mandamus, abatement or any other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove any violations against regulations adopted pursuant to this Section.

Approved June 25, 1959.