§ 1104 — Obstructions interfering with use of shore or harbor

Whoever causes any obstruction to be erected or placed or remain upon the shore of any navigable river in this State so as to interfere with the public use of the river shore or harbor of any city or town situated upon the bank of such river, and, after notice, allows the obstruction to remain unabated for the period of 30 days, shall be guilty of maintaining a public nuisance, and shall be fined not less than $1,000 nor more than $10,000. Upon conviction thereof, the defendant shall be required by order of court to remove such obstruction.

Prosecutions under this section shall be brought in the county where such obstruction exists.

The Attorney General, upon a proper representation by the authorities of any city or town of the existence of any obstruction in the harbor of such city or town, shall institute the proceedings as provided in this section.

Legislative History

15 Del. Laws, c. 117, §§ 1, 2 ; Code 1915, § 2952; Code 1935, § 3460; 23 Del. C. 1953, § 1104