2017 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 41. RULES OF THE ROAD
Subchapter XI Miscellaneous Rules
§ 4189. Putting glass or other items on a highway prohibited.
(a) No person shall throw or deposit upon any highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway or adjacent property.
(b) Any person who drops, or permits to be dropped or thrown, upon any highway or adjacent property any destructive or injurious material shall immediately remove the same or cause it to be removed.
(c) No person shall throw or deposit any goods, merchandise, bundles or litter of any kind upon a highway.
(d) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
(e) No person shall leave, drop, throw away or otherwise dispose of trash of any description in quantity to exceed 5 pounds or 1 cubic foot upon or alongside any highway.
(f) If any 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 shall be a rebuttable presumption that the registered owner if the driver's identity cannot be ascertained or the driver of the vehicle is responsible for such violation.
(g) Whoever violates this section shall be guilty of an unclassified misdemeanor, and shall be fined 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 not apply to operators of buses carrying 9 or more persons. Whoever violates subsection (e) of this section shall be guilty of an unclassified misdemeanor, and shall be fined 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 not less than $575 nor more than $1,150. The minimum fines for a violation of this section shall not be 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.
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.;
