CHAPTER 417

FORMERLY

SENATE BILL NO. 669

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 45, TITLE 7, DELAWARE CODE, RELATING TO THE LITTERING OF PUBLIC BEACHES AND PROVIDING A PENALTY THEREFOR.

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

Section 1. Amend §4506 of Chapter 45, Title 7, Delaware Code, by striking said section in its entirety and substitute a new §4506 to read as follows:

§4506. Supervision and control of public lands by Department of Natural Resources and Environmental Control; Public beaches; penalty

(a) The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public Lands Commission, created in accordance with the provisions of Chapter 5, Volume 27, Laws of Delaware, shall be under the supervision and control of the Department of Natural Resources and Environmental Control which department may care for the public lands. All powers given to said Public Lands Commission shall be exercised by the Department of Natural Resources and Environmental Control.

(b) It shall be unlawful to place, dump or throw rubbish, garbage, refuse, trash or other debris of any kind within any public beach of this State, except in such receptacles as are provided for such purpose. Whoever violates this provision shall be fined not less than $50 nor more than $100, together with costs of prosecution, and in default of payment of the fine and costs shall be subject to the provisions of Section 4106 of Title 11, Delaware Code.

All law enforcement agencies, to include Environmental Protection Officers of the Department of Natural Resources and Environmental Control, shall have equal authority to enforce the provisions of this section. Justices of the Peace shall have jurisdiction of offenses under this section.

Approved July 2, 1974,