(a) No person shall erect or cause to be erected any structure, or use or cause to be used any structure or premises within a radius of 3 miles of the Governor Bacon Health Center for any of the following manufacturing activities:

(1) Pyroxylin manufacture or processing or the manufacture of explosive or highly flammable cellulose products;

(2) Fireworks or explosives manufacture;

(3) Animal glue or animal gelatine manufacture;

(4) Reduction of garbage, offal, animals or fish on a commercial basis;

(5) Operation of a tannery;

(6) Organic fertilizer manufacture.

Terms Used In Delaware Code Title 16 Sec. 5307

  • 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

However, nothing in this section shall prohibit the raising of poultry or livestock and the processing of the same or the processing of farm produce or the erection of any structure or installation of any facilities or the use of any structure, facilities or premises, for a manufacturing or industrial use not specified herein.

(b) Whoever violates this section shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.

(c) Whenever such nuisance exists, the Attorney General of the State or any person who is a citizen of the county, or has an office therein, may bring an action in equity in the name of the State upon the relation of such Attorney General or person to abate such nuisance and to perpetually enjoin the person maintaining the same from further maintenance thereof.

16 Del. C. 1953, § ?5311; 49 Del. Laws, c. 35; 50 Del. Laws, c. 3, § ?1;