CHAPTER 394

FORMERLY

SENATE BILL NO. 379

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND §4702, CHAPTER 47, TITLE 7 OF THE DELAWARE CODE RELATING TO PARKING VIOLATIONS IN STATE PARKS.

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 §4702(a), Chapter 47, Title 7, Delaware Code, by striking the phrase the rules and regulations" and inserting in lieu thereof the phrase any rule or regulation" and by inserting the phrase "pursuant to this chapter" immediately after the word "Control". Further amend said subsection by inserting the phrase ", except when such violations are violations of subsection (g)" immediately after the word "both" as it appears In the first sentence.

Section 2. Amend §4702(c), Chapter 47, Title 7, Delaware Code, by inserting the phrase "promulgated pursuant to this chapter" immediately after the word "Control" as it first appears.

Section 3. Amend §4702(d), Chapter 47, Title 7, Delaware Code, by inserting the phrase "promulgated to this chapter" immediately after the word "Control".

Section 4. Amend §4702, Chapter 47, Title 7, Delaware Code, by adding

thereto a new subsection to read as follows:

"(g) Notwithstanding subsection (d) of this section, a summons in the appropriate form to be adopted by the Department of Natural Resources and Environmental Control may be attached to an unattended vehicle found in violation of any rule or regulation for parking in state parks by an arresting officer, in lieu of the arrest of the owner or operator of such vehicle.

(1) If an unattended vehicle is found to be in violation of this subsection and the identity of the operator is not otherwise apparent, there shall be a rebuttable presumption that the person in whose name such vehicle is registered as the owner was responsible for such violation.

(2) The Department of Natural Resources and Environmental Control may adopt a schedule of fines, between a minimum of $10 and a maximum of $25, for all violations delineated by its rules and regulations for parking in state parks and such schedule may be printed upon the form of summons adopted pursuant to this subsection. Each fine for an
offense under this subsection shall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.

(3) It shall be permissible for an owner or operator of a vehicle who has been issued a summons for a violation of this subsection to mail such summons and the appropriate fine directly to the Department of Natural Resources and Environmental Control instead of appearing before the Justice of the Peace Court designated upon the summons for trial of the charge, provided that such remittance of the summons and fine is mailed at least 5 days before the trial date designated upon the summons. Court costs shall not be assessed if the fine is paid to the Department pursuant to this paragraph, any statute or court rule of this State notwithstanding. Moneys received by the Justice of the
Peace Courts from such fines after trial of a charge shall be disbursed in accordance with §1307 of this title.

(1) After payment of a fine pursuant to this subsection is
received by the Department of Natural Resources and Environmental Control or a Justice of the Peace Court, the Department or the Court shall mail a receipt indicating the payment of such fine if the person paying such fine makes a written request for a receipt and encloses a self-addressed envelope with proper postage affixed thereon."

Approved July 13, 1994.