THE CITY OF WILMINGTON
AN ACT to define and remove nuisances; to prevent their proximity to the public highways approaching and entering the City of Wilmington; and to provide penalties for the violation of the provisions of the Act.
WHEREAS, The General Assembly of the State of Delaware has the power to define nuisances and, if it be deemed advisable, to legalize the same, and, if it be deemed an annoyance to the public, to forbid such nuisances; and
WHEREAS, The Council of "The Mayor and Council of Wilmington" may define and remove nuisances that are not clearly within the legal notion of a public nuisance at common law, and has corporate powers and authority to legislate by ordinance respecting nuisances within the said City, or within one mile thereof; and
WHEREAS, The Courts of the State of Delaware have repeatedly held that it is not necessary that a common nuisance shall be offensive or obnoxious to the sense of smell but it is sufficient, if the said nuisance be offensive or obnoxious to any of the senses, when the conditions producing such nuisance are near a public highway and a cause of complaint by a considerable number of the persons traveling such highway; and
WHEREAS, one of the approaches to the City of Wilmington by means of a public highway is unsightly and obnoxious to the sense of sight, and filthy and offensive to the sense of smell due to stagnant pools of water covering the land adjacent to said highway, and to the condition of the buildings and property and other articles permitted to be erected and collected on such land; and
WHEREAS, It is a stigma on the good name of the City of Wilmington and of the State of Delaware to permit the public highways to be a reproach instead of an approach to the said City, and it is a detriment to the commercial prosperity of both the said City and the said State to further delay the elimination of the unhealthy condition and ungainly appearance of these parcels of land their appurtenances;
Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met (two-thirds of both Houses thereof concurring therein):
Section 1. Under the provisions of and for the purposes to be attained by this Act the term "nuisance" shall be defined to be any condition of the land, or of the buildings erected thereon, or of the trade or business conducted thereon, or of unsightly articles collected thereon or therein, or of obnoxious odors arising thereon, therein or therefrom, which shall cause any annoyance to the persons making use of any public highway, as hereinafter mentioned, by being offensive or obnoxious to the senses of such persons.
Section 2. It shall be unlawful for any corporation, co-partnership, association, firm, person or persons to create, erect, maintain or continue a nuisance, as hereinbefore defined, within two hundred feet of either side of the right of way of any public highway entering into the City of Wilmington for a distance of one mile from the corporate limits of said City, or within the boundaries thereof, upon land of which the said corporation, co-partnership, association, firm, person or persons are the owner or owners, lessees, agents, tenants or occupants.
Section 3. The Council of the "The Mayor and Council of Wilmington" is hereby vested and empowered to abate such nuisance by the enactment of ordinances giving directions for the cleansing, removal, or remedy of the matter or thing complained of, and providing penalties for violations of its orders to be recovered in the Municipal Court of the City of Wilmington. From the judgment of said Court there shall be an appeal to the Superior Court in and for New Castle County as provided in like cases before the said Municipal Court.
Section 4. All Acts or parts of Acts inconsistent herewith be and the same are hereby repealed.
Approved March 25, A. D. 1927.