2012 Delaware Code
Title 23 - Navigation and Waters
CHAPTER 11. OBSTRUCTING NAVIGATION
§ 1108. Obstructions of navigation in St. Jones' River; penalties.

Whenever any obstruction to the navigation of the St. Jones' River occurs, by reason of dirt or other material falling or being washed into the River, in consequence of any wharf thereon being out of proper repair, the owner of the wharf shall remove the obstruction without delay. If the owner fails to do so, the owner shall be fined not less than $20 nor more than $500. The court shall, if the nuisance exists at the time of the conviction, make an order for its abatement.

This section shall not apply in the case of obstructions arising from the nonrepair of any wharfing upon the River done by authority of the Department of Highways and Transportation for protection of a public road, but the Department of Highways and Transportation shall remove such obstructions, and the Department of Highways and Transportation shall be chargeable with the expenses thereof.

11 Del. Laws, c. 425, §§ 1, 2; Code 1915, § 2956; 40 Del. Laws, c. 107, § 1; Code 1935, § 3464; 23 Del. C. 1953, § 1108; 70 Del. Laws, c. 186, § 1.;