CHAPTER 138

AN ACT TO AMEND SUBCHAPTER X, CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO ILLEGAL PARKING BY PROVIDING THAT A SUMMONS MAY BE ATTACHED TO AN UNATTENDED VEHICLE IN LIEU OF ARREST OF ITS OPERATOR AND MAKING THE VEHICLE OWNER PRIMA FACIE LIABLE FOR SUCH PARKING VIOLATION IN THE ABSENCE OF THE OPERATOR.

Be it enacted by the General Assembly of the State of Dela ware:

Section 1. Subchapter X, Chapter 41, title 21, Delaware Code, is hereby amended by adding thereto a new section to be designated "§ 4179A" as follows :

§4179A. Summons for unattended vehicle; owner prima facie liable

A summons in appropriate form to be adopted by resolution of the State Highway Department may be attached by any police officer authorized to arrest for violations of this title to an unattended vehicle found in violation of any of the provisions of this subchapter, in lieu of arrest of the Operator of such vehicle. If any vehicle found by such police officer to be in violation of any of the provisions of this subchapter is unattended at the time of the violation is discovered, and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation. The State Highway Department may, by resolution, adopt a schedule of fines for all violations delineated in this subchapter, between a minimum of $2.00 and a maximum of $25.00, and such schedule may be printed upon the form of summons adopted pursuant to this section. It shall be permissible for an owner or operator to mail such summons and the appropriate fine in accordance with such schedule, directly to the court designated upon the summons, instead of appearing before such court for trial of the charge, provided that such remittance of the summons and fine is mailed at least 2

days before the trial date designated upon the summons. Except as supplemented by this section, proceedings initiated by summons for violations of this subchapter shall be as provided in Chapter 7 of this title. Additional court costs shall not be assessed if a fine is paid pursuant to this section.

Approved November 22, 1967.