16 DE Code § 1605. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 16. Litter Control Law|§ 1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 180, § 7].

§ 1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 180, § 7]. (a) (1) A person found guilty of littering under § 1604(a) of this title must 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 of the first offense. This paragraph does not apply to the intentional release of 1 to 4 balloons. The penalty for intentionally releasing 1 to 4 balloons is provided in paragraph (a)(3)a. of this section. (2) A person found guilty of dumping under § 1604(b) of this title must be punished by a fine of not less than $500 and not less than 8 hours of community service for a first offense, and a fine of not less than $1,000 and not less than 16 hours of community service for a second offense within 2 years of the first offense. Each instance of dumping constitutes a separate offense under this chapter. (3) Balloons.  a. A person who is found in violation of § 1604(a) of this title by releasing 1 to 4 balloons must do the following:  1. For a first violation, pay a civil penalty of not less than $25.  2. For a second or subsequent violation within 2 years of a first violation, pay a civil penalty of not less than $75 and complete up to 8 hours of community service.  b. A person who is found in violation of § 1604(c) of this title through the mass release of balloons must do the following:  1. For a first violation, pay a civil penalty of not less than $250 and complete up to 8 hours of community service.  2. For a second or subsequent violation, pay a civil penalty of not less than $350 and complete up to 25 hours of community service. (4) An additional mandatory penalty of $500 must be imposed, in addition to the fine, for every first or subsequent offense, or an additional mandatory civil penalty of $500 must be imposed in addition to the civil penalty for every first or subsequent violation, if the offense or violation occurred in any of the following locations:  a. On or along a Delaware byway, as defined in § 101 of Title 17. b. A State park, forestry area, or fish and wildlife area. c. A federal wildlife refuge. d. Land within the State that is administered by the United States Department of Interior, National Park Service. (5) In addition to the penalties listed in paragraphs (a)(1) through (a)(4) of this section, the Court may require a person found guilty of violating this chapter to do 1 or both of the following:  a. Pick up and remove from any public street, highway, public or private right-of-way, public beach, stream, bank, or public park all litter deposited or dumped on the property by anyone before the date of execution of sentence. b. Pay as restitution an amount determined by the Court to the Littering Investigation and Enforcement Fund. The State shall maintain the LIEF as a subaccount of the Special Law Enforcement Assistance Fund established under subchapter II of Chapter 41 of Title 11. Disbursement of LIEF funds must be authorized under the procedures established under § 4113 of Title 11, for the purpose of investigation, enforcement, and remediation of unlawful littering or dumping. (b) The Justice of the Peace Court has jurisdiction over a violation of this chapter. (c) The Court shall make public the names of persons convicted of violating this chapter. (d) (1) A peace officer of this State who charges a person with littering or mass release of balloons under § 1604 of this title may, in addition to issuing a summons for the offense or violation, 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. (2) a. Payments made under paragraphs (a)(1) through (a)(4) of this section must be remitted to and received by the Court to which the summons is returnable within 10 days from the date of arrest or, for the release of 1 to 4 balloons or mass release of balloons, the date of the violation, excluding Saturday and Sunday. b. Restitution made to the LIEF under paragraph (a)(5)b. of this section must be remitted to and received by the Court ordering restitution within 10 days from the date of the order for restitution, excluding Saturday and Sunday. (3) The fine imposed under this subsection must be the minimum fine as provided for in subsection (a) of this section, plus other costs as may be assessed by law. (4) “Voluntary assessment form”, as used in this section, means the written agreement or document signed by the violator in which the violator agrees to pay by mail the fine for the offense described in the agreement or document 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;  82 Del. Laws, c. 167, § 4;  83 Del. Laws, c. 180, § 4;