CHAPTER 515

FORMERLY HOUSE BILL NO. 611

AS AMENDED BY HOUSE

AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5 AND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION OVER ROADS NOT DEDICATED TO THE PUBLIC.

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

Section 1. Amend Subsection (a), Section 4101, Chapter 41, Title 21 of the Delaware Code, by adding thereto a new paragraph 3, which new paragraph shall read as follows:

3. Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven, the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department of Public Safety in a manner prescribed by the Department, requesting the Department assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property the Department shall by written notice, so notify each governmental body and property owner affected, and shall supply copies of such notice to all appropriate courts and law enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of this Chapter shall apply to the affected private property.

Section 2. Amend Chapter 5, Part I, Title 21 of the Delaware Code, by adding thereto a new section designated as Section 503, which new section shall read as follows:

§ 503. Private property

The Department of Highways and Transportation may erect and maintain all appropriate signals, lights or any other type of

sign on private property over which the Department of Public Safety has assumed jurisdiction. Nothing in this Section shall be construed to prohibit the erection and maintenance of signs and signals by the private owners of the real property, so long as such signs and signals are for the safety and convenience of the public and are approved by the Department of Highways and Transportation.

Approved July 11, 1972.