LAWS OF DELAWARE
VOLUME 83
CHAPTER 212
151st GENERAL ASSEMBLY
FORMERLY
SENATE SUBSTITUTE NO. 1
FOR
SENATE BILL NO. 47
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4189, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4189. Putting glass or other items on a highway prohibited.
(a) No person shall A person may not
throw or deposit upon any on a
highway or adjacent property any glass bottle, glass, nails, tacks, wire,
cans cans, or any other substance likely to injure
any a person, animal
animal, or vehicle upon such on the highway or adjacent property.
(b) Any A person who drops, or permits to be dropped or thrown,
upon any on a highway or adjacent property any destructive or injurious material shall immediately remove the
same destructive or injurious material
or cause it to be removed.
(c) No person shallA person may not throw or deposit any goods, merchandise,
bundles bundles, or litter of any
kind upon kind, including yard waste, on
a highway.
(d) Any A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped
upon on the highway from
such the wrecked or damaged vehicle.
(e) No person shallA person may not leave, drop, throw
away away, or otherwise dispose of trash of any
description description, including yard waste,
in quantity to exceed 5 pounds or 1 cubic foot upon
on or alongside any a
highway.
(f) If any a person witnesses the violation of subsection (a),
(b) (b), or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there
shall be is a rebuttable presumption that the registered
owner owner, if the driver’s identity cannot be
ascertained ascertained, or the driver of the vehicle is responsible for
such the violation.
(g) WhoeverA person who violates this section
shall be is guilty of an unclassified misdemeanor, and
shall be fined is subject to a fine of
not less than $115 and up to 8 hours of community service for a first offense and not less than $125 nor more than $287.50 and up to 25 hours of community service for a second offense within 2 years. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.
(h) The rebuttable presumption set forth in subsection (f) of this section
shall does not apply to operators of buses carrying 9 or more persons.
Whoever A person who violates subsection (e) of this section
shall be is guilty of an unclassified misdemeanor, and
shall be fined is subject to a fine of
not less than $460 nor more than $690. For each subsequent offense occurring within 3 years of a former offense, the person
shall be fined is subject to a fine of
not less than $575 nor more than $1,150. The minimum fines for a violation of this section
shall not be are not subject to suspension. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.
(i) As used in this section, “yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings.
(j) Placing yard waste on a highway in compliance with state, county, municipal, or private program requirements for collection and disposal of yard waste is not a violation of this section.
Approved September 30, 2021