Del. Code Ann. tit. 21, § 4189
Putting glass or other items on a highway prohibited
21 Del. C. 1953, § 4186; 54 Del. Laws, c. 160, § 1; 59 Del. Laws, c. 563, § 1; 62 Del. Laws, c. 375, §§ 1-4, 6; 68 Del. Laws, c. 9, §§ 36, 37; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 325, § 2; 77 Del. Laws, c. 60, § 16; 77 Del. Laws, c. 350, § 6; 83 Del. Laws, c. 212, § 1; 83 Del. Laws, c. 283, § 37;
- (a) A person may not throw or deposit on a highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure a person, animal, or vehicle on the highway or adjacent property.
- (b) A person who drops, or permits to be dropped or thrown, on a highway or adjacent property any destructive or injurious material shall immediately remove the destructive or injurious material or cause it to be removed.
- (c) A person may not throw or deposit any goods, merchandise, bundles, or litter of any kind, including yard waste, on a highway.
- (d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped on the highway from the wrecked or damaged vehicle.
- (e) A person may not leave, drop, throw away, or otherwise dispose of trash of any description, including yard waste, in quantity to exceed 5 pounds or 1 cubic foot on or alongside a highway.
- (f) If a person witnesses the violation of subsection (a), (b), or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there is a rebuttable presumption that the registered owner, if the driver’s identity cannot be ascertained, or the driver of the vehicle is responsible for the violation.
(g) A person who violates this section is guilty of an unclassified misdemeanor, and is subject to a fine as follows:
- (1) Not less than $115 nor more than $287.50 and up to 8 hours of community service for a first offense.
- (2) Not less than $125 nor more than $287.50 and up to 25 hours of community service for a second or subsequent offense within 2 years.
- (3) 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 does not apply to operators of buses carrying 9 or more persons. A person who violates subsection (e) of this section is guilty of an unclassified misdemeanor, and 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 is subject to a fine of not less than $575 nor more than $1,150. The minimum fines for a violation of this section 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.
21 Del. C. 1953, § 4186; 54 Del. Laws, c. 160, § 1; 59 Del. Laws, c. 563, § 1; 62 Del. Laws, c. 375, §§ 1-4, 6; 68 Del. Laws, c. 9, §§ 36, 37; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 325, § 2; 77 Del. Laws, c. 60, § 16; 77 Del. Laws, c. 350, § 6; 83 Del. Laws, c. 212, § 1; 83 Del. Laws, c. 283, § 37