§ 1601 Short title.
This chapter shall be known and may be cited as the Delaware Litter Control Law.
§ 1602 Declaration of intent.
It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens of this State.
§ 1603 Definitions.
As used in this chapter, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
(1) "Litter'' shall include all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
(2) "Public or private property'' shall include the right-of-way of any road or highway; any body of water or watercourse, or the shores or beaches thereof; any park, playground, building, refuge or conservation or recreation area; and any residential or farm properties, timberlands or forests.
§ 1604 Unlawful activities.
It shall be unlawful for any person or persons to dump, deposit, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property of this State, or any waters in this State, unless:
(1) Such property is designated by the State or by any of its agencies or political subdivisions for the disposal of trash or litter, and such person is authorized by the proper public authority to use such property for such purpose;
(2) Such litter is placed in a litter receptacle or container installed on such property; and
(3) Such person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare.
§ 1605 Penalties; jurisdiction; voluntary assessment form.
(a) Any person found guilty of violating this chapter shall be punished by a fine of not less than $50 and up to 8 hours of community service for a first offense and $75 and up to 25 hours of community service for a second offense within 2 years. If the offense occurred on or along a Delaware byway, as defined in § 101(a)(9) of Title 17, an additional mandatory penalty of $500 must be imposed for every first, second, and subsequent offense, in addition to the fine. In addition, any person found guilty of violating this chapter shall, at the discretion of the Court, be required to pick up and remove from any public street, highway or public or private right-of-way, or public beach, stream, bank or public park any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(b) For the purposes of this chapter the Justices of the Peace Courts shall have jurisdiction.
(c) The Court is hereby directed to make public the names of persons convicted of violating this chapter.
(d) Any duly constituted peace officer in the State, who charges any person with any offense under this chapter may, in addition to issuing a summons for such offense, provide the offender with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charge without the necessity of personally appearing in the Court to which the summons is returnable. Payments made pursuant to this section shall be remitted to the Court to which the summons is returnable and shall be received by the Court within 10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order. The fine imposed pursuant to this subsection shall be the minimum fine as provided for in subsection (a) of this section, plus other costs as may be assessed by law. Voluntary assessment forms, as used in this section, means the written agreement or document signed by the violator wherein the violator agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
§ 1606 Prima facie evidence.
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this chapter, it shall be prima facie evidence that the operator of said conveyance shall have violated this chapter and licenses to operate such conveyances may be suspended for a period not to exceed 30 days together with, or in lieu of, other penalties for littering in the Code, unless littering from said vehicle is a first offense in which case the license shall not be suspended and the sanctions provided in § 1605 of this title shall apply.
§ 1607 Receptacles to be provided.
All public authorities and agencies having supervision of properties of this State are authorized, empowered and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where such property is frequented by the public, and to post signs directing persons to such receptacles and serving notice of this chapter, and to otherwise publicize the availability of litter receptacles and the requirements of this chapter.
§ 1608 Enforcement.
All law-enforcement agencies of the State, including enforcement personnel of the Department of Natural Resources and Environmental Control, shall have authority to enforce this chapter.