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Delaware Code Title 16. Health and Safety § 1604. Unlawful activities

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Littering.--It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is met:

(1) The property is designated by the State or by any of its agencies or political subdivisions for the management of litter, and the person is authorized by the proper public authority to use the property for that purpose.

(2) Both of the following apply:

a. The litter is placed in a litter receptacle or container installed on or at the property.

b. The person is the owner or tenant in lawful possession of the property or has first obtained consent of the owner or tenant in lawful possession, or the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.

(b) Dumping.--It is unlawful for a person to dump litter in substantial quantities on public or private property, except under paragraphs (a)(1) through (a)(2) of this section.

(c) Mass release of balloons.--It is unlawful for a person to intentionally release, or intentionally cause or permit the release of, 5 or more balloons on private or public property of this State.

(d) This section does not apply to any of the following:

(1) A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract.

(2) A hot air balloon that is recovered after launching.

(3) A balloon that is released and remains indoors.

(4) A balloon that, for recreational purposes, is filled with water and recovered after recreation.

(5) A balloon that is unintentionally or negligently released.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 1604. Unlawful activities - last updated January 01, 2026 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-1604/

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