CHAPTER 96

FORMERLY

SENATE BILL NO. 149

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 41, TITLE 21, DELAWARE CODE RELATING TO TRESPASS BY MOTOR VEHICLE OR OHV AND PENALTIES 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 Chapter 41, Title 21, Delaware Code by adding a section to read as follows:

14191A Trespass by motor vehicle or OHV

(a) No person shall knowingly operate a motor vehicle or OHV on private real property or upon a private road or driveway without consent of the owner or lessee of the real property. There shall be a rebuttable
presumption that a person has knowingly violated this subsection if the owner or lessee has placed, at or near the points of entry from public or private vehicular access, a gate, fence or similar obstruction or a readily visible sign that would reasonably convey that the unauthorized operation of motor vehicles on the private road or driveway is prohibited.

(b) Penalties:

(1) A person who violates subsection (a) of this section shall be subject to the following penalties:

(i) A fine of not more than $100 for a first conviction.

(i) A fine of not more than $1,000 plus suspension of operating privileges for a period of six (6) months for a second or subsequent conviction of the offense. If a person is under 16
years of age at the time of the second or subsequent conviction of this offense, the period of suspension shall commence upon the person's 16th birthday.

(2) In addition, restitution shall be made for the value of damage to real or personal property which results from the violation of this section."

Approved July 3, 1991.