2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 16. LITTER CONTROL LAW
§ 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.

60 Del. Laws, c. 613, § 1; 62 Del. Laws, c. 387, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 325, § 1; 77 Del. Laws, c. 350, § 3.;