CHAPTER 351

FORMERLY

SENATE BILL NO. 375

AN ACT TO AMEND CHAPTER 18, TITLE 2, DELAWARE CODE, RELATING TO LIABILITY OF THOSE WHO THROW TRASH, RUBBISH, OR OTHER DANGEROUS OR DETRIMENTAL SUBSTANCE ON RAILROAD RIGHT-OF-WAYS.

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 18, Title 2, Delaware Code, by adding thereto a new Section to be designated as 0821 to read as follows:

11821. Liaalitslay_sLignaltsjkris

A person shall be guilty of an offense if he throws, causes to be thrown any waste paper, sweepings, ashes, household waste, glass, metal, tires, refuse, or rubbish, or any dangerous or detrimental substance to be deposited into or upon any railroad right-of-way of this State. Whoever violates this Section shall be fined not less than $50 nor more than $300. For each subsequent offense occurring within 3 years of a former offense, he shall be fined not less than $300 nor more than $500. The minimum fines for a violation of this Section shall not be subject to suspension. The Justice of the Peace Court system shall have exclusive jurisdiction over any violations of this Section."

Approved July 10, 1992.