The General Assembly, acting pursuant to provisions of § 1726 of this title, has authorized the Delaware River & Bay Authority, pursuant to the procedure set forth in the Delaware-New Jersey Compact (§ 1701 of this title) and all other applicable statutory requirements, to lease, develop and operate the New Castle County Airport, the Civil Air Terminal and the Delaware Airpark located in Cheswold, Delaware. Pursuant to Article VII of the Compact, the Authority is authorized to adopt rules and regulations to carry out and discharge its powers, duties and functions, and pursuant to Article XV of the Compact, Delaware may provide by law what penalty or penalties shall be imposed for violation of any lawful rule or regulation of the Authority and for the manner of enforcing the same. Pursuant to these provisions, the following applies to any person’s failure to comply with or violation of rules or regulations of the Authority relating to any airports which the Authority leases, acquires, develops or operates with the approval of the General Assembly.

(1) Any person failing to comply with or violating any rule or regulation of the Authority relating to the management and operation of any airport shall be guilty of a violation of law. Upon conviction thereof, a penalty in the form of a fine not less than $10 or more than $1,000 and costs shall be assessed for the first offense. For the second offense occurring within 12 months after the date of the first offense, the penalty shall be a fine of not less than $50 or more than $1,000. For each subsequent offense thereafter, but occurring within 12 months of the date of the first offense, the penalty shall be a fine of not less than $100 or more than $1,000. Each day any violation of the relevant rules and regulations shall continue constitutes a separate offense for which a separate penalty for each day shall be imposed.

(2) Justices of the Peace of this State shall have jurisdiction throughout the State to hear, try and finally determine any violations of any rule or regulation of the Authority. Any person convicted of such violation may be fined not more than $1,000 for violation. Fines collected for the violation of any rule or regulation of the Authority shall inure and be paid to the State Treasurer for the General Fund.

(3) Any person arrested without a warrant for any violation of an Authority rule or regulation shall have such person’s case heard and determined by a Justice of the Peace.

(4) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to any unattended vehicle found in violation of any rule or regulation of the Authority by any police officer authorized to arrest for violations of any Authority rule or regulation in lieu of arrest of the operator of such vehicle.

72 Del. Laws, c. 489, § ?40; 74 Del. Laws, c. 110, § ?138;

Terms Used In Delaware Code Title 17 Sec. 1729

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.