Delaware Code Title 16. Health and Safety § 1709. Trash containers on highways;  penalty

(a)(1) A person, by agent or otherwise, may not cause a trash container having a capacity of 2 cubic yards or greater to be placed on a highway, unless the container has all of the following:

(2) For purposes of this section, “highway” means a way or place open to the use of the public as a matter of right for purposes of vehicular travel and includes the entire width between the boundary lines of the way or place, including parking spaces, berms, and shoulders.  “Highway” does not mean a road or driveway on grounds owned by private persons, colleges, universities, or other private institutions.

(b)(1) An owner of a container that refuses, fails, or neglects to comply with this section is subject to a civil penalty in an amount that is not less than $50 or more than $500.

(2) Any law-enforcement officer, as defined under § 9702 of this title, may enforce this section.

(3) Justice of the Peace Court has jurisdiction over violations of this section.