reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 405. Construction of toll crossings, highways, express highways and parallel service roads; operation of competitive commercial enterprises.

§ 405. Construction of toll crossings, highways, express highways and parallel service roads; operation of competitive commercial enterprises.
The Department may, with the approval of the Governor, construct toll crossings over or under the Delaware River between the State of Delaware and the State of New Jersey and may construct, reconstruct or improve such highways and express highways, as defined in § 101 of this title, in the State as the Department, in its sole discretion, designates necessary to carry traffic to and from the Delaware Memorial Bridge and to and from any other toll crossing constructed after July 27, 1955, or to be constructed, by the Department under this chapter, provided that no commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall be conducted within or on any property designated as, or acquired for or in connection with any such express highway. The Department may construct on such property at locations it deems appropriate connecting service roads parallel to such express highways in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving motorists on private property abutting such service roads. The cost of such parallel service roads may be included in the cost of construction, reconstruction or improvement of expressways authorized in this chapter. In considering any construction, reconstruction or improvement of highways as herein authorized, the Department shall give first consideration to express highways for the use of traffic to and from the Delaware Memorial Bridge.
17 Del. C. 1953, §  406;  50 Del. Laws, c. 492, §  5;  57 Del. Laws, c. 671, §§  3D-3F;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 407. Use of lands under Delaware River.

§ 407. Use of lands under Delaware River.
The State of Delaware consents to the use by the Department, in any manner whatsoever in the performance of its duties under this chapter, of all lands lying under the waters of the Delaware River which are within the State and are deemed by the Department to be necessary for the construction and operation of the Delaware Memorial Bridge and of any other toll crossing which the Department may construct or maintain under this chapter.
17 Del. C. 1953, §  408;  50 Del. Laws, c. 492, §  7;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 408. Regulations for use of Bridge or other toll crossings for public utility facilities; penalty for violations.

§ 408. Regulations for use of Bridge or other toll crossings for public utility facilities; penalty for violations.
(a) The Department may establish regulations respecting the use of the Delaware Memorial Bridge and/or any other toll crossing which it may construct or maintain by this chapter by any person, partnership, association or corporation desiring to use said crossing, its approaches, appurtenances or any part thereof, including the approach highways connecting with such Bridge, for placing therein or thereon gas or oil pipe lines, telephone, telegraph and electric wires or cables or for any other purpose and to fix the terms, conditions and rates of charge for such use.
(b) Whoever violates any regulation established by the Department in respect of the use of any such crossing, including regulations established by the Department regulating traffic over any such crossing and its approaches or approach highways, shall be fined not more than $100 for each such offense.
17 Del. C. 1953, §  409;  50 Del. Laws, c. 492, §  8;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 409. Insurance.

§ 409. Insurance.
The Department shall procure and keep in force adequate insurance upon any toll crossing constructed or operated by it, including adequate use and occupancy insurance as well as insurance to defray the cost of removing obstacles from the Delaware River in the event of a collapse or other injury to such crossing.
17 Del. C. 1953, §  410;  50 Del. Laws, c. 492, §  9;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 410. Employment of general manager, guards and toll keepers; indemnity bond.

§ 410. Employment of general manager, guards and toll keepers; indemnity bond.
(a) The Department may employ a general manager for the purpose of supervising the operation of toll crossings constructed or maintained by it and may appoint such number of guards and toll keepers as may be deemed advisable by it for the proper operation of the Delaware Memorial Bridge and any toll crossing over the Delaware River constructed or maintained by the Department.
(b) The general manager, guards and toll keepers shall have the powers of a constable in the performance of their duties, and the Department shall procure and keep in force at all times a fidelity bond or bonds issued by a bonding company qualified to do business in this State to protect the Department against loss arising from the fraudulent or dishonest conduct of any such persons with respect to funds or property of the Department or of the State within the control of the Department, and the Department may pay the costs of such bond or bonds out of its revenues.
17 Del. C. 1953, §  411;  50 Del. Laws, c. 492, §  10;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 411. Other crossings prohibited.

§ 411. Other crossings prohibited.
(a) As long as any bonds issued prior to July 27, 1955, under 45 Del. Laws, c. 275, as amended, shall remain outstanding and unpaid or until provision shall have been made for the payment thereof as provided in the indentures securing such bonds, no bridge or tunnel over or under the Delaware River for the use of the traveling public or for the transportation of goods or other property, having a terminus in this State within the distance of 10 miles north along the shore of the Delaware River and 20 miles south along such shore of the Delaware terminus of the Delaware Memorial Bridge shall, after July 27, 1955, be constructed and operated by the State, by the Department or other agency of the State or by any county, municipal corporation or political subdivision of the State or by any agency or instrumentality thereof or by any public body or authority not created by an act of Congress of the United States or by any person, copartnership, association or corporation not created by or acting under authority of an act of Congress of the United States.
(b) The State covenants that if the Department shall issue bonds under this chapter, no crossing of the Delaware River shall thereafter be constructed and operated by the State, by the Department or by any other agency of the State or by any county, municipal corporation or political subdivision of the State or by any agency or instrumentality thereof or by any public body or authority not created by an act of Congress of the United States or by any person, copartnership, association or corporation not created by or acting under authority of an act of Congress of the United States, which shall compete with the Delaware Memorial Bridge or with any toll crossing over or under the Delaware River to be constructed in whole or in part out of the proceeds of such bonds, and the Department may agree with the holders of its bonds as to the character and location of any crossing which shall be deemed to be a competitive crossing within the meaning of this section, and such determination shall be binding upon the State and the Department, so long as any of such bonds remain outstanding and unpaid or until provision for their payment shall have been made in the manner provided in the resolution or indenture pursuant to which such bonds shall have been issued.
17 Del. C. 1953, §  412;  50 Del. Laws, c. 492, §§  11, 23;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 412. Exemption from taxation.

§ 412. Exemption from taxation.
All toll crossings constructed or operated and maintained by the Department under this chapter and all property acquired or used by the Department in connection therewith shall at all times be free from all taxation within this State.
17 Del. C. 1953, §  413;  50 Del. Laws, c. 492, §  12;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 413. Bonds for construction of facilities.

§ 413. Bonds for construction of facilities.
The Department may issue, in the name of the State, revenue bonds of the State, payable solely from the revenues of the Department, for the purpose of paying the cost of construction (including interest during the period of construction and for 1 year thereafter) of any toll crossing which it may construct under this chapter or to defray the cost of constructing or improving highways, and for the purpose of refunding any bonds issued under this chapter, at or prior to the maturity thereof.
17 Del. C. 1953, §  414;  50 Del. Laws, c. 492, §  13;  57 Del. Laws, c. 671, §§  3D, 3H;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 414. Bonds for refunding of outstanding obligations.

§ 414. Bonds for refunding of outstanding obligations.
The Department may issue, in the name of the State, revenue bonds of the State, payable solely from the revenues of the Department, at any time after July 27, 1955, for the purpose of refunding at or prior to maturity, all bonds issued prior to such date under the authority of 45 Del. Laws, c. 275, as amended, in an aggregate principal amount not exceeding the principal amount of said outstanding bonds and the redemption premium, if any, required to be paid upon their redemption prior to maturity, the fees and expenses of the trustee named in the indenture and supplemental indentures securing such bonds, the interest which will become due upon such bonds to the date of their redemption and all legal and other expenses incident to the issuance of said bonds, and the Department may deposit with the trustee named in the indenture and supplemental indentures securing the payment of said outstanding bonds, out of the proceeds of such refunding bonds, such amount as shall be required to authorize such trustee to satisfy such indenture and supplemental indentures.
17 Del. C. 1953, §  415;  50 Del. Laws, c. 492, §  14;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit.

§ 416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit.
Bonds issued under the authority of this chapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever, who now or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds are made securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may after July 27, 1955, be authorized by law.
17 Del. C. 1953, §  417;  50 Del. Laws, c. 492, §  15;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 417. Credit of State not pledged.

§ 417. Credit of State not pledged.
Bonds issued under this chapter shall be payable exclusively from the revenues of the Department and shall contain a statement on their face that the state shall not be obligated to pay the bonds or the interest thereon except from such revenues, and that the faith and credit of the State are not pledged to the payment of the principal or interest on such bonds. The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment.
17 Del. C. 1953, §  418;  50 Del. Laws, c. 492, §  16;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 418. Trust indenture.

§ 418. Trust indenture.
(a) In the discretion of the Department, each and any issue of such bonds may be secured by a trust indenture by and between the Department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State.
(b) Such trust indenture may pledge or assign the revenues of the Department, but shall not convey or mortgage any toll crossing or other properly operated or maintained by the Department.
(c) Either the resolution providing for the issuance of the bonds or such trust indenture may contain such provisions specifying, defining, protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Department in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of any toll crossing or additions thereto, and the custody, safeguarding and application of all moneys, and may also provide that any toll crossing constructed by the Department shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Department, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any other depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers.
(d) It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the Department.
(e) Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
(f) In addition to the foregoing, such trust indenture may contain such other provisions as the Department may deem reasonable and proper for the security of the bondholders.
(g) All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repairs of any toll crossing to which such indenture is related or may be paid out of the revenues of the Department.
17 Del. C. 1953, §  419;  50 Del. Laws, c. 492, §  17;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 419. Remedies of bondholders and trustees.

§ 419. Remedies of bondholders and trustees.
Any holder of bonds issued under this chapter or any of the coupons attached thereto and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the United States or of the state or granted under this chapter or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter or by such resolution or trust indenture, to be performed by the Department or any officer thereof, including the fixing, charging and collecting of tolls for the use of any toll crossing operated by the Department.
Such resolution or trust indenture may contain provisions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and be entitled to exercise all the rights and powers of the Department with respect to the crossings operated or maintained by the Department and all of the appropriate rights and powers of a receiver in equity.
17 Del. C. 1953, §  420;  50 Del. Laws, c. 492, §  18;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges.

§ 420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges.
(a) The Department may make and enforce such rules and regulations and establish, levy and collect (or authorize by contract, franchise, lease or otherwise, the establishment, levy and collection of) such tolls, rents, rates and other charges for the use of any toll crossing operated by the Department or any improvements or extensions thereof as it may deem necessary, proper, desirable and reasonable, and the Department may pledge such tolls, rates, rents and other revenues, or any part thereof, either presently received or to be received in the future, or both, as security for the repayment with interest of any moneys borrowed by it or advanced to it and as security for the satisfaction of any other obligation assumed by it under the authority of this chapter.
(b) Such tolls, rates, rents and other charges shall be so fixed and adjusted so as to provide funds at least sufficient, together with any other revenues of the Department, to pay the cost of maintaining, repairing and operating the toll crossings operated and maintained by the Department, and the principal of and the interest upon the outstanding revenue bonds of the Department, subject, however, to any applicable law or regulation of the United States of America now in force or enacted or made after July 27, 1955. Such tolls and all other revenues of the Department shall not revert to the General Fund of the State Treasury but shall at all times be available to the Department for the purposes set forth in this chapter. Such tolls, rates, rents or other charges shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the State.
(c) The Department shall not impose, establish, levy or collect a toll that it would otherwise be permitted to impose, establish, levy or collect under this section, for any emergency vehicle of a volunteer fire company or volunteer ambulance company, or any emergency vehicle engaged in the ordinary course of business of a volunteer fire company or a volunteer ambulance company.
(d) The Department shall not impose, establish, levy or collect a toll that it would otherwise be permitted to impose, establish, levy or collect under this section for any emergency vehicle of a police agency, including marked, semi-marked or unmarked vehicles, engaged in the ordinary course of business of a state, county or municipal police agency.
17 Del. C. 1953, §  421;  50 Del. Laws, c. 492, §  19;  57 Del. Laws, c. 671, §  3D;  70 Del. Laws, c. 269, §  1;  70 Del. Laws, c. 468, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 421. Contributions.

§ 421. Contributions.
The Department, in addition to the moneys which may be received from the sale of bonds and from the collection of tolls and other revenues derived under this chapter, shall have authority to accept from any federal agency or other public or private body, or from any other source, grants or contributions of money or property for or in aid of the construction, maintenance or operation of the toll crossings maintained and operated by it or for or in aid of the construction, reconstruction or improvement of any highway which is authorized by this title, or for the payment of its bonds.
17 Del. C. 1953, §  422;  50 Del. Laws, c. 492, §  20;  57 Del. Laws, c. 671, §§  3D, 3J;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 422. Moneys as trust funds.

§ 422. Moneys as trust funds.
All moneys received pursuant to this chapter, whether as proceeds from the sale of bonds or grants or other contributions, or as tolls and revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The Department shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the tolls and revenues to be received, to any officer, agency, bank or trust company, who shall act as trustee of such funds, and shall hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
17 Del. C. 1953, §  423;  50 Del. Laws, c. 492, §  21;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 423. State covenant for control of crossings.

§ 423. State covenant for control of crossings.
The State covenants and agrees with the holders of any of the bonds issued by the Department under this chapter, for which there may be pledged the revenues of the Department or any part thereof, that so long as said bonds or obligations remain outstanding and unpaid and unless and until adequate provision is made by law for the protection of the persons advancing money upon such obligations, the State will not diminish or impair the power of the Department or of any successor thereof to operate or control any toll crossing constructed or maintained and operated by it, including the Delaware Memorial Bridge or to establish, levy and collect tolls, rates, rents or other charges in connection therewith.
17 Del. C. 1953, §  424;  50 Del. Laws, c. 492, §  22;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 424. Pecuniary interest of member or employee; penalty.

§ 424. Pecuniary interest of member or employee; penalty.
Whoever, being a member or employee of the Department, is directly or indirectly pecuniarily interested in any contract or subcontract made in connection with the construction, improvement, repair, operation or maintenance of any toll crossing operated or maintained by the Department shall be fined not more than $1,000 or imprisoned not more than 2 years or both.
17 Del. C. 1953, §  425;  50 Del. Laws, c. 492, §  24;  57 Del. Laws, c. 571, §§  3D, 3K;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 425. Penalty for nonpayment of toll.

§ 425. Penalty for nonpayment of toll.
Whoever uses or attempts to use any toll crossing operated or maintained by the Department without paying the toll at the rate then in force for such use, shall be fined not more than $100 or imprisoned not more than 30 days or both.
17 Del. C. 1953, §  426;  50 Del. Laws, c. 492, §  24;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 501. Use of public road or bridge by railway.

§ 501. Use of public road or bridge by railway.
No public road or bridge shall be used or occupied by any electric or other railway without the consent of the Department being first obtained, and such operation shall be subject to such regulations and conditions as the Department may from time to time prescribe.
19 Del. Laws, c. 677;  Code 1915, §  1577;  40 Del. Laws, c. 107, §  1;  Code 1935, §  1669;  17 Del. C. 1953, §  501;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 502. Closing of roads during repair.

§ 502. Closing of roads during repair.
(a) Whenever, in the judgment of the Department, it is necessary to close a road or a portion thereof which is being constructed, improved or repaired by the Department, upon the adoption of a resolution by the Department to the effect that it is necessary to close such road, or portion thereof for either of the aforesaid reasons, the Department, or those having charge of the construction, improvement or repair, shall have the right to close such road, or portion thereof, to public travel by the erection of barriers or otherwise.
(b) Whoever, being other than an ordinary foot traveler, uses such road, or portion thereof while the same is closed pursuant to the resolution for any purpose whatever shall be fined not more than $100.
(c) Nothing herein contained shall in any way affect the right of persons using the road or portion thereof so closed for the purpose of necessary ingress, egress or regress to any property located thereon.
29 Del. Laws, c. 108;  40 Del. Laws, c. 107, §  1;  Code 1935, §  1666;  17 Del. C. 1953, §  502;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 503. Nuisance; penalty.

§ 503. Nuisance; penalty.
Whoever encroaches upon, or obstructs or commits any nuisance in, a public road or wilfully obstructs or injures a public bridge shall be fined not less than $15 nor more than $50. In case of a continuing nuisance, the judge shall order the person to abate the nuisance within a given time, and, on failure to do so, a writ of execution shall be issued to the sheriff commanding the person to abate the same. The sheriff's fee for executing the writ shall be $3.00 a day and all expenses, to be paid by the defendant, which payment may be enforced by attachment and imprisonment.
Code 1852, §  1133;  Code 1915, §  1575;  Code 1935, §  1664;  17 Del. C. 1953, §  503;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 505. Selling of nonuniform traffic-control devices; penalty.

§ 505. Selling of nonuniform traffic-control devices; penalty.
Whoever sells or offers for sale for use on any public highway in this State any traffic-control device which does not conform to the Delaware Manual on Uniform Traffic-Control Devices for Division of Highways shall be fined not less than $25 nor more than $1,000 and shall make restitution to the purchaser in an amount equal to the entire sum originally paid for the device or devices. In the event a sale consists of the sale of more than 1 separate device, each sale of each separate device shall constitute a violation of this section.
Code 1852, §§  1081, 1082;  Code 1915, §  1568;  Code 1935, §  1661;  17 Del. C. 1953, §  505;  60 Del. Laws, c. 700, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 506. Maintenance priority of roads used for school buses or mail routes.

§ 506. Maintenance priority of roads used for school buses or mail routes.
All roads under the jurisdiction of the Department over which school buses and mail routes are established shall have first consideration in the expenditure of state road funds for the purpose of making and maintaining the roads passable at all times.
36 Del. Laws, c. 130;  Code 1935, §  1658;  17 Del. C. 1953, §  506;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 509. Highways deemed public roads.

§ 509. Highways deemed public roads.
All public roads, causeways and bridges laid out as such, or made by lawful authority, or which have been used as such and maintained at the public charge for 20 years or more are declared to be common highways. The usage by the public for 20 years or more of any road shall not cause the road to become a common highway or public road unless the same has been maintained at the public charge for 20 years or more.
Code 1852, §  1077;  Code 1915, §  1566;  29 Del. Laws, c. 106;  Code 1935, §  1657;  17 Del. C. 1953, §  509;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 510. Speed limit and weight limits on structure.

§ 510. Speed limit and weight limits on structure.
(a) The Department may conduct an investigation of any public or private bridge, causeway, viaduct or other elevated structure which crosses any public highway regardless of the owner or the owners of said bridge, causeway, viaduct or elevated structure and regardless of what government has jurisdiction over it.
(b) If it finds that a public structure set forth in subsection (a) of this section cannot safely withstand vehicles traveling at the speed permissible under the Code, or cannot withstand vehicular gross weights, including carried load, permissible under the Code, the Department shall determine and declare the maximum speed or gross weight, including carried load, or both, of vehicles which such structure can withstand and shall cause or permit signs stating such maximum speed or gross weight, including carried load, to be erected and maintained before the entrance to such structure.
(c) If it finds that a private structure as set forth in subsection (a) of this section cannot withstand the usage to which it is being subjected, the Department shall declare the maximum usage to which the structure can be subjected. The Department shall notify the owner and/or user of the private structure, who shall not permit the maximum safe usage as determined by the Department to be exceeded.
(d) Whoever violates subsection (c) of this section shall be fined not less than $25 nor more than $500, or imprisoned not less than 10 days nor more than 30 days or both.
Code 1852, §  1131;  Code 1915, §  1573;  29 Del. Laws, c. 108;  40 Del. Laws, c. 107, §  1;  Code 1935, §  1665;  17 Del. C. 1953, §  510;  57 Del. Laws, c. 671, §  4C;  60 Del. Laws, c. 700, §  2;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.

§ 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.
(a) Whoever negligently or wilfully injures or damages any public road, bridge or drain, or any gate, light or other appurtenance maintained and used for the convenience or safety of the traveling public in connection with such road, bridge or drain shall forfeit and pay double damages therefor. If a public road, bridge, drain, gate, light, or other appurtenance is on or along a “Delaware byway”, as defined in § 101 of this title, an additional civil mandatory penalty of $500 must be added to the amount of double damages.
(b) Action for the recovery of such damages, where the road, bridge, drain or other appurtenance is under the jurisdiction and control of the Department, shall be brought in the name of the State, and all money recovered thereby shall be paid to the State Treasurer.
(c) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdiction of actions under this section, provided that the jurisdiction of justices of the peace shall be limited to cases where the double damage shall not exceed $2,500, and the jurisdiction of the Court of Common Pleas shall be limited to cases where the double damages shall not exceed the sum of $15,000.
(d) In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved.
Code 1852, §  1131;  Code 1915, §  1573;  29 Del. Laws, c. 108;  40 Del. Laws, c. 107, §  1;  Code 1935, §  1665;  17 Del. C. 1953, §  511;  66 Del. Laws, c. 265, §  1;  69 Del. Laws, c. 423, §  20;  69 Del. Laws, c. 423, §  20;  77 Del. Laws, c. 350, §  4;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 512. Injury to roads, bridges, etc.; penalty.

§ 512. Injury to roads, bridges, etc.; penalty.
Whoever wilfully damages or injures any public road, bridge, drain, light, gate or other appurtenance used and maintained for the safety or convenience of the traveling public shall be fined not more than $500. However, if the damage or injury was on or along a “Delaware byway”, as defined in § 101 of this title, an additional civil mandatory penalty of $500 must be added to the fine. The fine and civil penalty, upon the collection thereof, shall be paid to the State Treasurer.
Code 1852, §  1131;  Code 1915, §  1573;  29 Del. Laws, c. 108;  40 Del. Laws, c. 107, §  1;  Code 1935, §  1665;  42 Del. Laws, c. 77;  17 Del. C. 1953, §  512;  77 Del. Laws, c. 350, §  5;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 513. Trimming of hedges and removal of trimmings; penalty.

§ 513. Trimming of hedges and removal of trimmings; penalty.
All hedges growing along any of the public roads in this State shall be trimmed at least once in every year to a height of not more than 41/2 feet, and the owner, tenant or occupant of any land upon which such hedge is so growing shall so trim such hedge. None of the trimmings removed from such hedge shall be allowed to remain on any of the public roads longer than 2 weeks, but shall be removed therefrom by the party doing the trimming. Nothing in this section shall be construed to compel the owner, tenant or occupant of any land upon which such hedge is so growing to remove from the public roads any of such trimmings that cannot be removed by the use of an ordinary horse rake, and such owner, tenant or occupant shall not be compelled to remove the small trimmings within 5 feet of such hedge.
Where hedges are cut down for the purpose of laying or allowing to thicken, the same may be permitted to grow without trimming for a period of 3 years.
Whoever fails to perform any of the duties imposed by this section shall be fined not more than $50 and, in default of payment thereof, may be imprisoned not more than 60 days.
32 Del. Laws, c. 203;  Code 1935, §  4180;  17 Del. C. 1953, §  513;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 515. Maintenance of unfenced junkyards within certain distance of highways; penalty.

§ 515. Maintenance of unfenced junkyards within certain distance of highways; penalty.
(a) No person shall place, store or permit the placing or storage of abandoned or scrapped automobiles, or automobiles that have been junked, or maintain or keep any yard where scrapped, abandoned or junked automobiles are kept or stored within a distance of 1/4 mile from the right-of-way of the nearest improved state or public highway, unless the yard or field wherein such automobiles are kept, placed or stored shall have erected thereon a fence parallel to the improved highway for the full length of the yard or field along the highway, and shall also have a further fence extending back from the parallel fence the full length of that portion of the field used for such storage, or for a distance of 75 feet, whichever distance shall be the shorter, which fence or fences shall be at least 7 feet in height, shall be built of wood and the panels thereof shall be spaced not more than 2 inches apart.
(b) Whoever violates subsection (a) of this section shall, for each separate offense, be fined not less than $25 nor more than $200 or imprisoned not less than 10 nor more than 60 days, or both.
(c) Each day that any violation is continued shall be deemed a separate offense and violation of subsection (a) of this section.
41 Del. Laws, c. 194, §§  1, 2;  17 Del. C. 1953, §  515;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 516. Creation or maintenance of nuisance within certain limits.

§ 516. Creation or maintenance of nuisance within certain limits.
(a) No person shall create, erect, maintain or continue a nuisance, as defined in subsection (b) of this section, within 200 feet of either side of the right-of-way of any public highway entering into the City of Wilmington for a distance of 1 mile from the corporate limits of the City, or within the boundaries thereof, upon land of which such person is partner, or persons are the owner, lessee, agent, tenant or occupant.
(b) As used in this section, “nuisance” means any condition of the land, or of the buildings erected thereon, or of the trade or business conducted thereon, or of unsightly articles collected thereon or therein or of obnoxious odors arising thereon, therein or therefrom, which causes any annoyance to the persons making use of any public highway, as mentioned in subsection (a) of this section, by being offensive or obnoxious to the senses of such persons.
(c) The Council of the “Mayor and Council of Wilmington” may abate the nuisance by the enactment of ordinances giving directions for the cleansing, removal or remedy of the matter or thing complained of and providing penalties for violations of its orders to be recovered in the Court of Common Pleas.
35 Del. Laws, c. 90, §§  1-3;  Code 1935, §§  2465-2467;  17 Del. C. 1953, §  516;  71 Del. Laws, c. 176, §  26;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 517. Boulevard corporations.

§ 517. Boulevard corporations.
Article 10, Chapter 65 of the Revised Code of Delaware 1935 shall continue in full force and effect as to boulevard corporations established according to law and existing at the time of the effective date of this Code.
17 Del. C. 1953, §  517;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 518. Trash within a certain distance of the highway; penalty.

§ 518. Trash within a certain distance of the highway; penalty.
(a) No person shall throw, deposit or place any trash, rubbish or garbage within 100 feet of any public highway in this State.
(b) Whoever violates this section shall be punished as follows:
The court shall order the violator within a specified period of time to clean up that section of the public highway or property within 100 feet of the public highway where the violator has thrown, deposited or placed trash, rubbish or garbage, except that if the violator refuses to do so, or if such is not possible or feasible, or if the violator fails to do so to the satisfaction of the court, the violator shall be fined not less than $250 nor more than $500 for each violation and there shall be no suspension of the fine.
(c) Justices of the peace shall have jurisdiction of offenses under this section.
(d) Each day that any violation is continued shall be deemed a separate offense and violation of this section.
17 Del. C. 1953, §  518;  50 Del. Laws, c. 336, §  1;  52 Del. Laws, c. 190;  57 Del. Laws, c. 354, §§  1, 2;  57 Del. Laws, c. 414;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 519. William J. Winchester Bridge.

§ 519. William J. Winchester Bridge.
The Department of Transportation is hereby directed to name the bridge which crosses the Christina River at Third Street in the City of Wilmington the “William J. Winchester Bridge.”
62 Del. Laws, c. 54, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 520. Injury to trees, shrubs, and landscaping.

§ 520. Injury to trees, shrubs, and landscaping.
(a) Whoever negligently, wilfully or maliciously injures or damages trees, shrubs or other landscaping under the jurisdiction and control of the Department shall forfeit and pay treble damages therefor. The damages shall be computed as the sum of the cost of purchase of new trees, shrubs or other landscaping of equivalent size and quality and the removal and installation costs to replace the damaged trees, shrubs or other landscaping, including direct labor costs plus overhead costs, computed in accordance with accepted governmental accounting principles.
(b) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdictions of actions under this section.
(c) In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved.
66 Del. Laws, c. 353, §  1;  69 Del. Laws, c. 423, §  21;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 524. Removal of nonofficial signs from utility poles within state rights-of-way.

§ 524. Removal of nonofficial signs from utility poles within state rights-of-way.
(a) Legislative findings. — The General Assembly finds that persons and firms post nonofficial signs on utility poles without prior authorization from the pole owner. Placing such signs on these poles is unsafe, both for the person attaching the sign and those in the vicinity of such activity when it occurs, including passersby. Therefore, it is appropriate to authorize the Department of Transportation to treat such signs as subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, without regard to the clear zone distance limitations of those sections.
(b) The Department of Transportation may treat any nonofficial signs placed on utility poles at any location within the State's rights-of-way as artificial obstructions within the clear zone, subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, upon confirmation that the utility company had not previously authorized the placement of such signs.
75 Del. Laws, c. 98, §  121;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 525. Maintenance of clear zones within rights-of-way.

§ 525. Maintenance of clear zones within rights-of-way.
(a) The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, nonofficial signs, poles, mailboxes not placed in conformance with Departmental regulation, or other hazards to safe passage. In removing artificial obstructions, the Department shall attempt to determine the owner of the obstruction and provide written notice and an opportunity for the owner to recover the obstruction after its removal. The Department shall also have the immediate authority to remove or trim vegetation growing within these rights-of-way.
(b) As used in this chapter, the term “clear zone” has the following meanings:
(1) For all roads except those described in paragraph (b)(2) of this section, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of 10 feet perpendicular to the pavement edge.
(2) For all interior streets within residential subdivisions, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for the shorter distance of either:
a. Seven feet perpendicular to the pavement edge, or
b. If there is a sidewalk adjacent to the street, the sidewalk edge further from the street.
(3) The total area within the median strips between traveled ways or on any channelization islands or on any gore areas, except as permitted by § 1108(d) of this title. For purposes of this section, “gore area” means a longitudinal point where a physical barrier or the lack of a paved surface inhibits road users from crossing from a ramp or channelized turn lane or channelized entering lane to the adjacent through lane or lanes or vice versa.
(c) The owner of any obstruction removed pursuant to this section shall be liable for a civil fine of $25 for each item so removed, payable to the Department. Justices of the Peace shall have original jurisdiction for any court proceedings relating to this fine. No owner of any such obstruction shall be entitled to the return of any removed obstruction without proof of payment of all outstanding fines.
(d) Recovery by the owner of any artificial obstruction removed by the Department under this section shall be subject to the payment of a $15 recovery fee per obstruction. If the owner does not pay the fee and recover the obstruction within 30 days of its removal, the Department shall dispose of the obstruction in the exercise of its reasonable discretion. The Department may also take such legal steps as it deems necessary and proper to collect these recovery fees, including but not limited to a debt action in the courts of this State.
71 Del. Laws, c. 318, §  7;  75 Del. Laws, c. 98, §§  122, 123;  79 Del. Laws, c. 310, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.

§ 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.
(a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department's jurisdiction in the unincorporated areas of the State. As used herein, “commercial activity” includes, without limitation, such activities as the placement of news boxes in such rights-of-way for the sale of newspapers, the placement of vending machines in such rights-of-way for the sale of goods, the placement of commercial advertising signs in such rights-of-way or the sale of goods from vehicles parked within such rights-of-way. If a commercial activity occurs within the clear zone of any such rights-of-way, the Department shall treat the machines, fixtures, signs or other materials used in such activity as an artificial obstruction under § 525 of this title, and may undertake the immediate removal of said materials as authorized therein.
(b) Any of the following commercial uses of the rights-of-way shall be subject to enforcement under Chapter 11 of this title:
(1) Commercial activities occurring outside the clear zone; or
(2) The placement of nonofficial signs outside the clear zone; or
(3) The placement of vending machines at designated locations at safety roadside rest areas, as permitted by § 132(c)(14) of this title; or
(4) The placement of news boxes outside the clear zone; or
(5) Signs displayed on any school bus waiting shelter located with the approval of the Department of Education; or
(6) Nonofficial signs displayed on transit shelters pursuant to Department-approved contracts.
71 Del. Laws, c. 318, §  7;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 527. Coordination with other statutes.

§ 527. Coordination with other statutes.
In the event of a conflict between §§ 525 and 526 of this title and Chapter 11 of this title, §§ 525 and 526 shall take precedence.
71 Del. Laws, c. 318, §  7;