SPONSOR:

Sen. Lawson & Rep. Dorsey Walker & Rep. Dukes

Sens. Ennis, Richardson; Reps. Cooke, D. Short, Shupe, K. Williams

DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE BILL NO. 160

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO YARD WASTE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1603, Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 1603. Definitions.

As used in this chapter, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:

(1) "Litter'' shall include all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals or other discarded materials of every kind and description.

(2) "Public or private property'' shall include 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.

(3) “Roadway” includes a public way or road designed or ordinarily used for vehicular travel, including the shoulder.

(4) “Yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings.

Section 2. Add new Section to Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 1604A. Yard Waste.

Unless otherwise authorized by a municipality for purposes of a yard waste collection program, it is unlawful for a property, or an employee or contractor of the owner or occupant engaged to provide lawn care or landscaping services, to sweep, rake, blow, or otherwise place yard waste in a roadway. It is a violation of subsection (a) if yard waste is placed in a roadway and not removed.

SYNOPSIS

This Act makes it unlawful to cause yard waste to be swept, raked, blown, or otherwise placed in a roadway.

Author: Senator Lawson