CHAPTER 286

FORMERLY

HOUSE BILL NO. 63

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REFLECTIVE MATERIAL ON LARGE TRASH CONTAINERS LOCATED ON HIGHWAYS.

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 16 of the Delaware Code by adding thereto a new section to read:

"§1709. Trash containers on highways; penalty.

(a) A person, by agent or otherwise, may not cause a trash container having a capacity of 2 cubic yards or greater to be placed in this State anywhere upon a highway, which means the entire width between the boundary lines, including parking spaces, berms, and shoulders, of any way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but not including a road or driveway upon grounds owned by private persons, colleges, universities, or other private institutions, unless:

(1) the container, at a minimum, has a strip of 4-inch, red and white, high-intensity, reflective conspicuity adhesive tape wrapped fully around it at its midpoint, between the bottom of the container and the opening at the top, and

(2) the container clearly displays in letters and numbers at least 3" high the name and phone number of the owner of the container, or the owner's agent.

(b) A violation of this section is punishable by a fine of not less than $50 nor more than $500. Justice of the Peace Court has jurisdiction over violations of this section.".

Approved June 29, 2004