7 Del. Admin. Code § 9201-25.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 9201-25.0 - Penalty and Court Powers

25.1 In accordance with the provisions set forth in the 7 Del.C. § 4702(a), any person convicted of violating any rule or regulation promulgated by the Department of Natural Resources and Environmental Control pursuant to this chapter shall be:

25.1.1 Fined not less than $50.00 nor more than $100.00, plus the costs of prosecution and court costs, for any rule or regulation designated by the Department of Natural Resources and Environmental Control as a class D environmental violation. Any person convicted of a class D environmental violation within 5 years of a prior conviction for a class D environmental violation shall be fined not less than $100.00 nor more than $500.00, plus the costs of prosecution and court costs.

25.1.2 Fined not less than $50 nor more than $250, plus the costs of prosecution and court costs, or imprisoned not more than 10 days, or both, for any rule or regulation designated by the Department of Natural Resources and Environmental Control as an unclassified misdemeanor.

25.1.3 Fined not less than $10 nor more than $25 for all parking violations. No court costs or other administrative fee shall be accessed if a civil penalty is paid by voluntary assessment. A summons in the appropriate form to be adopted by the Department of Natural Resources and Environmental Control may be attached to an unattended vehicle found in violation of any rule or regulation for parking in state parks by an authorized officer.

25.2 Justices of the Peace shall have jurisdiction over violations of the Rules and Regulations of the Department of Natural Resources and Environmental Control, Division of State Parks and Recreation, throughout the state, with the condition that any person arrested for such violation be taken before the closest available magistrate in the county where such violation is alleged to have occurred. An arresting officer may issue a summons to any person arrested for any violation of these Rules and Regulations and have said person appear at a subsequent date at the Justice of the Peace Court which is the nearest available Justice of the Peace to the place of arrest during the regularly scheduled hours of said court. For the purposes of this Section, the summons for later appearance shall be sufficient to grant jurisdiction over the offense to the said nearest available Justice of the Peace. A Justice of the Peace is available when he is present at court.

25.3 Failure to answer any summons issued for violations of these Rules and Regulations shall result in an additional charge of Failure to Answer Summons.

25.4 Nothing contained herein shall preclude an action being brought in a court of equity for injunctive or other relief.

7 Del. Admin. Code § 9201-25.0

19 DE Reg. 854 (4/1/2016) (Final)