Delaware Code Title 16 Sec. 1604 – Unlawful activities
(a) Littering. —
Terms Used In Delaware Code Title 16 Sec. 1604
- Balloon: means a bag made from rubber, latex, polychloroprene, nylon, mylar, or other material which is or can be filled with air, water, or a gas, including helium, hydrogen, nitrous oxide, or oxygen. See Delaware Code Title 16 Sec. 1603
- Contract: A legal written agreement that becomes binding when signed.
- Litter: includes all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals, 1 to 4 balloons released at 1 time, or other discarded materials of every kind and description. See Delaware Code Title 16 Sec. 1603
- Public or private property: includes the right-of-way of any road or highway; any body of water or watercourse, or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and any residential or farm properties, timberlands, or forests. See Delaware Code Title 16 Sec. 1603
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is met:
(1) The property is designated by the State or by any of its agencies or political subdivisions for the management of litter, and the person is authorized by the proper public authority to use the property for that purpose.
(2) Both of the following apply:
a. The litter is placed in a litter receptacle or container installed on or at the property.
b. The person is the owner or tenant in lawful possession of the property or has first obtained consent of the owner or tenant in lawful possession, or the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
(b) Dumping. —
It is unlawful for a person to dump litter in substantial quantities on public or private property, except under paragraphs (a)(1) through (a)(2) of this section.
(c) Mass release of balloons. —
It is unlawful for a person to intentionally release, or intentionally cause or permit the release of, 5 or more balloons on private or public property of this State.
(d) This section does not apply to any of the following:
(1) A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract.
(2) A hot air balloon that is recovered after launching.
(3) A balloon that is released and remains indoors.
(4) A balloon that, for recreational purposes, is filled with water and recovered after recreation.
(5) A balloon that is unintentionally or negligently released.
60 Del. Laws, c. 613, § ?1; 82 Del. Laws, c. 167, § 3; 83 Del. Laws, c. 180, § 3;