CHAPTER 119

FORMERLY HOUSE BILL NO. 202

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 44, TITLE 21, DELAWARE CODE, RELATING TO ABANDONED VEHICLES.

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

Section 1. Amend Section 4402, Chapter 44, Title 21, Delaware Code, by inserting in the second sentence of subsection (a) thereof after the words "State Police" and before the word "shall" the following words:

or the Department of Highways and Transportation.

Section 2. Amend Section 4402, Chapter 44, Title 21, Delaware Code, by striking the words "24 hours" in the second sentence of subsection (b) and inserting in lieu thereof the following words:

the time period designated by such notice.

Section 3. Amend Section 4402, Chapter 44, Title 21, Delaware Code, by striking' subsection (d) in its entirety and inserting in lieu thereof a new subsection 4402 (d) as follows:

(d) In the event of an abandoned vehicle on private property with the consent of the owner or occupant thereof, or in the event of an abandoned vehicle which is the property of the owner or occupant of the private property where such vehicle is located, the Department of Highways and Transportation shall be authorized to enter upon the property where such vehicle is located in order to determine the owner. The Department shall then notify the owner of the abandoned vehicle by a written notice by certified mail, which shall be mailed to the owner's last-known address, directing that such vehicle must be removed within thirty (30) days from the date of mailing. In the event the vehicle is not removed within the thirty (30) days, or if the owner cannot be determined for the purpose of sending the written

notice, then employees or agents of the Department of Highways and Transportation shall be authorized to enter upon the property where the vehicle is located and conspicuously affix to said motor vehicle a sticker or tag showing the time and date of its affixing, and advising the owner that if the vehicle is not removed within twenty-four hours from the affixing of the sticker, the vehicle shall be removed to a storage area maintained by the Department of Highways and Transportation. The provisions of this subsection shall not be applicable to automobile graveyards as defined in Section 1202 (b) (2), Title 17, Delaware Code, and shall not be applicable to any vehicle on private property which are not visible from the street or road and are not otherwise a nuisance or create a health or fire hazard.

Section 4. Amend Section 4402, Chapter 44, Title 21, Delaware Code, by inserting in the third sentence of subsection (e) after the words "police officer" and before the word "shall" the following words:

or agents or employees of the Department of Highways and Transportation.

Section 5. Amend Section 4403, Chapter 44, Title 21, Delaware Code, by inserting in the first and second sentences thereof after the word "police" and before the word "authority" the following words:

or the Department of Highways and Transportation.

Section 6. Amend Section 4408, Chapter 44, Title 21, Delaware Code, by inserting after the word "officer" and before the word "acting" the following words:

or agent or employee of the Department of Highways and Transportation.

Section 7. Chapter 44, Title 21, Delaware Code, is amended by striking Section 4411 in its entirety and inserting in lieu thereof a new Section 4411 as follows:

§4411. Storage area for abandoned vehicles

designate the area or areas in each county which shall be used for the storage of abandoned vehicles.

Section 8. Amend Section 4414, Chapter 44, Title 21, Delaware Code, by inserting a new subsection (c) to read as follows:

(c) Justices of the Peace shall have jurisdiction for purposes of this section.

Approved June 11, 1971.