Delaware Code Title 16 Sec. 1606 – Prima facie evidence
(a) (1) The throwing, depositing, dropping, releasing, or dumping of litter from a motor vehicle, boat, airplane, or other conveyance in violation of this chapter is prima facie evidence that the operator of the conveyance violated chapter.
(2) If, under paragraph (a)(1) of this section, a motor vehicle is used and the identity of the operator is not discernable, there is a rebuttable presumption that the registered owner of the motor vehicle caused or contributed to the violation.
Terms Used In Delaware Code Title 16 Sec. 1606
- Dumping: means the deposit of litter in a substantial quantity on public or private property. See Delaware Code Title 16 Sec. 1603
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
(b) A license to operate a conveyance listed in paragraph (a)(1) of this section may be suspended for a period not to exceed 30 days together with, or in lieu of, other penalties for littering under this chapter or another law of this State. But, if littering or dumping from a conveyance listed in subsection (a) of this section is a first offense, the license may not be suspended and the sanctions provided in § 1605 of this title apply.
60 Del. Laws, c. 613, § ?1; 82 Del. Laws, c. 167, § 5; 83 Del. Laws, c. 180, § 5;