CHAPTER 375

FORMERLY

HOUSE BILL NO. 895

AS AMENDED BY HOUSE AMENDMENTS NOS. I AND 3

AN ACT TO AMEND CHAPTER 41 OF TITLE 21 OF THE DELAWARE CODE RELATING TO LITTER.

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 Title 21, Delaware Code, Section 4189 by redesignating subsections (e) through (g) as subsection (f) through (h) and adding a new subsection (e) to read as follows:

"(e) No person shall leave, drop, throw away or otherwise dispose of trash of any description in quantity to exceed five (5) pounds or one (1) cubic foot upon or alongside any highway."

Section 2. Amend Title 21, Delaware Code, Section 4189(f) by deleting the words "a police officer" and adding in its place the words any person".

Section 3. Further amend Title 21, Delaware Code, Section 4189(f) by deleting the word "driver" and adding in its place the phrase "registered owner if the drivers indent ity cannot be ascertained or the driver".

Section 4. Further amend Title 21, Delaware Code, Section 4189 (g) by adding a new sentence at the end of the existing sentence to read as follows:

"Whoever violates subsection (e) of this section shall be fined not less than $400.00 nor more than $600.00. For each subsequent offense occurring within three (3) years of a former offense, he shall be fined not less than $500.00 nor more than $1,000.00. The minimum fines for a violation of this section shall not be subject to suspension."

Section (3. Further amend Title 21, Delaware Code, Section 4189 by Inserting the words "or adjacent property" between the words "highway" and "any" as the same appears in subsection (a) and (b) thereof.