Sec. 10-1. - Liability of city with respect to unaccepted, etc., streets.

The city shall not be liable for the care, maintenance or upkeep, nor shall it be liable in damages for any injuries or death sustained by reason of the condition of any street, lane or alley in the city, unless the same shall have been accepted by formal action of the department of public works as a public street of the city, or unless the same shall have been opened, graded or curbed by the city.

(34 Del. L. ch. 120, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-2. - Center stones in streets.

The several posts and mark-stones now set and fixed in the earth in the middle of the streets of said city, as well as all such other posts and mark-stones as shall from time to time be set and fixed in the earth by the city surveyors or regulators, shall in all cases and in all courts of law within this state be deemed, taken and allowed as landmarks. And if any person shall willfully pluck up or remove any of said posts or mark-stones such persons shall, for every such offense, forfeit and pay a fine of one hundred dollars; and the council may reward the informer of such offense by allowing him a portion of said penalty not exceeding a moiety thereof.

(17 Del. L. ch. 207, § 114)

Sec. 10-3. - Laying of pipes, power lines, etc., under, etc., streets.

In case of the introduction into, through, under or along the streets of the city, with the consent of the council, of steam-power or heating pipes, or underground telegraph, telephone or electric-light wires, the council shall require, before such work shall commence, payment into the treasury of the city as a guarantee, or some other satisfactory security, that the streets shall not be unnecessarily torn up or obstructed, or kept or left out of repair, or travel unwarrantably impeded, and that the city shall be indemnified against loss, and it shall further require a bond, with personal security thereon, to the city, with warrant of attorney for the entering judgment thereon, in such sum as the council may deem proper, conditioned to indemnify and save harmless any and all persons, inhabitants of the said city, their persons, goods, chattels, lands and tenements from loss, damage or expense, from or by reason of the introduction into the streets of the said city of such steam-power or heating pipes, or underground telegraph, telephone or electric-light wires, which bond shall be held by the said city for the use of any and all persons who may be aggrieved or suffer loss, damage or expense by reason of the premises, to be accorded to them upon petition of the person aggrieved, under such restrictions as the council may impose; and the council may, when in its judgment the public interests may so require, cause, at the expense of the parties laying or owning the same, such pipes or wires to be removed in whole or in part, or impose such restrictions upon the use thereof as it may think fit in reference to the public interests.

(17 Del. L. ch. 207, § 127; 18 Del. L. ch. 188, § 1; 53 Del. L. ch. 12, § 1)

Sec. 10-4. - Trees in streets, etc.—Powers of department of public works generally.

The department of public works shall have full power and authority over all trees planted and to be planted in the streets, highways, lanes and alleys in the city, including the right to plant new trees and to care for the same and to remove trees, living or dead, and to train, spray and otherwise care for such trees.

(37 Del. L. ch. 140, § 1; 53 Del. L. ch. 12, § 2)

Editor's note—

Section 2 of Ord. No. 89-004, adopted Feb. 16, 1989, provided that the department of parks and recreation is authorized to perform the functions and duties of the department of public works regarding trees.

Sec. 10-5. - Same—Removal of dangerous, etc., trees.

Whenever in the opinion of the public works commissioner any tree, or part thereof, living or dead, in any of the streets, highways, lanes or alleys of the city becomes defective or dangerous to public travel on such streets, highways, lanes or alleys, or injurious to sidewalks, curbs, sewers or drains, the said public works commissioner shall have power to cause a notice to be served upon the property owner in front of whose property such tree exists, requiring the property owner, within a time therein stated, which time shall be not less than three (3) days, to cause said tree or trees to be removed, and the ground or sidewalk whereon said tree existed to be restored to a condition equal to the adjoining ground or sidewalk, at the expense of said property owner. In case such property owner shall fail to cause the removal of any such tree or trees as required by such notice, the public works commissioner shall have power to cause the same to be removed and shall charge the cost of same to said property owner, and may recover the same in any appropriate action in any court of competent jurisdiction. Service of said notice may be made by leaving a copy thereof upon the premises, if same is occupied, or by posting a copy thereof upon the premises, if unoccupied, or forwarding a copy thereof by letter, duly stamped, sealed and registered, addressed to the occupant of the premises or the owner thereof, and the registered receipt, signed by such occupant or owner, shall be sufficient evidence of the service of such notice.

(37 Del. L. ch. 140, § 2; 53 Del. L. ch. 12, § 2)

Editor's note—

Section 2 of Ord. No. 89-004, adopted Feb. 16, 1989, provided that the department of parks and recreation is authorized to perform the functions and duties of the department of public works regarding trees.

Sec. 10-6. - Map or plan regulating dimensions, ascents and descents of streets, etc.

The map or plan of the city made under the requirements of section 28 of chapter 376, Vol. II, Delaware Laws, showing all the streets, squares, lanes and public alleys of the said city, with their several dimensions, ascents and descents, and which, upon its completion and approval by the council, was required to be signed by the mayor and president of the council, sealed with the corporate seal, and deposited and kept in the clerk's office, and a duplicate of which, in like manner signed and sealed, was required to be deposited and kept in the office for recording deeds in and for the county, and which map and the duplicate thereof were by the said Act made public records, and the same, or an office copy thereof, made competent evidence, shall be deemed and taken to be the true map, plan, or ground plot of said city; and all the streets, squares, lanes and alleys of the city shall be and remain as they shall be laid down upon said map, with such extensions and alterations as have been or may hereafter be made by authority of the laws of this state, and with such extensions and alterations as may be made from time to time by the department of public works of said city.

The ascents and descents of all streets, lanes and alleys within the city shall be regulated and fixed conformably to said map; but the council may by ordinance (to be passed by a vote of two-thirds of all the members thereof for the time being) regulate and fix the ascents and descents of all streets, lanes and alleys within the said city the ascents and descents of which are not marked and laid down on the aforesaid map or plan.

(17 Del. L. ch. 207, § 126; 22 Del. L. ch. 406, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-7. - Registration of real estate—Plan books—Preparation, contents, etc.

The chief engineer of the city, under an ordinance and appropriation by council, shall cause to be made books of plans of the said city, divided into sections so far as the streets of the said city are or shall be laid out, which shall show the situation and dimensions of each property therein, with the city numbers thereof, who are the owners, with such succession of blank columns as will permit the names of future owners to be entered therein, with the dates of transfer and with index for recording such names alphabetically; and the person or persons who shall be employed to perform such duty shall have access to all books in the recorder of deeds office, and all records of the courts, and in the register's office, and may take copies or extracts thereof without any charge therefor.

(17 Del. L. ch. 207, § 102)

Editor's note—

Pursuant to the provisions of section A-101 of the Charter, the powers, duties and functions of the chief engineer are now vested in and performed by the department of public works. This section and the following five sections should be read with this in mind.

Sec. 10-8. - Same—Same—Where located; current entries; copies; sale.

The original books, when made, shall be kept in the fireproof [vault] of the department of surveys of the said city, and the chief engineer shall keep up the said books so as to show at all times who are the owners of the lots on the plans (and said books shall at all times be accessible to the assessors of said city), and said books shall be kept in such manner as not to destroy the evidence of the ownership at any previous time, but by additions which will show the subdivisions of property and the owners thereof as transmissions of title may take place; and the chief engineer may furnish copies of the said books, or parts thereof, for such price as may be fixed by council, for the use of the city, and his certificate shall be received in evidence as and for such proof as the assessment books would be; and lithographed copies of the said books may be multiplied and sold for the profit of the said city.

(17 Del. L. ch. 207, § 103)

Sec. 10-9. - Same—Duty to register transfer of real estate—Generally.

To enable the chief engineer of the city to keep up the said books of plans, it shall be the duty of every seller and buyer of ground upon the planned plot of the city to make report to him of every conveyance made, with the precise dimensions and locality of the premises, and in so doing the same shall be recorded without charge and noted on the deed of conveyance by said chief engineer or assistant; but if said seller and buyer shall both omit said duty, the recorder of deeds of the county shall not admit the deed of conveyance to record in his office without charging twenty-five cents for each lot described therein, and it shall then be his duty to furnish the proper description of such lot or lots, with the date of conveyance and name of grantor or grantee, within one month, into the office of the department of surveys, under the penalty of one dollar for each omission, to be recovered as penalties for taking unlawful fees are recovered for the use of the said city; and it shall be the duty of every purchaser of houses and lands at judicial sales, and of everyone to whom an allotment in partition shall have been made, and every devisee by will, to make return to the chief engineer of the purchase he has made, or allotment he has received, and of all devises made to him by will, with descriptions as aforesaid, which said chief engineer shall receive without charge, but if he shall not have done so simultaneously with the completion of his purchase, or on partition effected, or if on probate of any will the devisee shall not have done so, as to any houses or lands in the said city purchased, allotted or devised, it shall be the duty of the clerk or prothonotary of the proper court under whose authority such judgment or partition shall have been made, and for the register of wills, to furnish such descriptions as are above required of the recorder of deeds, so far as the wills to be proved in his office shall enable him to do so, for the like charge and under the same penalty; and the clerk or prothonotary and register may make such charges against such purchaser or party taking in partition, or devisee, on delivery of the deed certifying proceedings in partition or granting probate of the will, and that whether the same be in trust or for any estate for life only, or otherwise, unless the party interested shall produce to him or them the certificate of the chief engineer that such duty has been performed.

(17 Del. L. ch. 207, § 104)

Sec. 10-10. - Same—Same—Liability for taxes for failure to register.

If neither the seller nor buyer, devisee, nor heir, or other party who has acquired title to houses and lands in the said city shall have furnished the description of the property sold as aforesaid, both he who may have parted with and he who acquired title shall be liable for the taxes thereafter assessed thereon, without right of reclamation or contribution thereof either against the other.

(17 Del. L. ch. 207, § 105)

Sec. 10-11. - Same—Same—Fine for failure to register.

And should the chief engineer apprehend that conveyances, or devises, or descents of houses or lands shall have taken place without being reported to him, he shall cause search to be made therefor and perfect his book of plans; and every person found delinquent for six months after acquiring title as aforesaid in making report as aforesaid shall be liable to a fine of five dollars, to be recovered by said engineer in the name of the city as debts of that amount are by law recoverable.

(17 Del. L. ch. 207, § 106)

Sec. 10-12. - Same—Records.

The chief engineer shall preserve on file, arranged alphabetically and according to date, all reports made to him of descriptions of houses and lands.

(17 Del. L. ch. 207, § 107)

Sec. 10-13. - Opening, extending, widening, etc., streets—Amount of damages to be paid or tendered.

Before any property or ground shall be taken or occupied for the purpose of extending, widening, laying out or opening any street, square, lane or alley, the owner or owners of such property or ground shall be paid or tendered such damages as they shall respectively be entitled to receive, which damages shall be assessed in the manner provided by law.

(17 Del. L. ch. 207, § 116; 18 Del. L. ch. 188, § 1)

Sec. 10-14. - Same—Apportionment and disposition of benefits or damages.

In any proceeding taken for extending, widening, laying out or opening any street, square, lane or alley under the provisions of the preceding section, the commissioners, in assessing the damages that may result from the extending, widening or laying out or opening of such street, square, lane or alley to the owner or owners of property or ground necessary to be taken or occupied therefor, shall take into consideration all the circumstances of benefit and convenience as well as of detriment to result of [to] such owner or owners.

(17 Del. L. ch. 207, § 117)

Sec. 10-15. - Regulation of drainage.

The council shall have the entire jurisdiction and control, within the city, of the drainage thereof, and may pass ordinances for the opening of gutters, drains and sewers within the limits thereof, and the regulating and maintaining, cleansing and keeping the same and the natural watercourses, runs and rivulets within the city open, clear and unobstructed, and for that purpose may authorize the entry upon private land, and by general regulations prescribe the mode in which they shall be opened, maintained, cleansed and kept opened and unobstructed, and who shall bear the expense thereof, and may, in its discretion, assess the costs thereof upon the persons and property, real and personal, of those particularly benefited thereby, or of those owning or holding lands through or along which such sewers, drains or watercourses shall flow or pass, and prescribe the mode of collection thereof; provided, that nothing herein contained shall be construed to authorize the taking of private property for public use without just compensation.

The jurisdiction and control of the council, as set forth in this section, shall extend to and include any and all private drains and sewers laid or to be laid under any of the streets, lanes or highways of the city, whether by individuals or corporations now, or that may hereafter be existing, the rights, powers, privileges and franchises of which shall be subject to the provisions and regulations in this section contained and of any ordinances of the council passed in conformity thereto; and the council may, if in their judgment advisable, authorize and empower any corporation or association of individuals to drain and sewer the city, granting for that purpose such rights, franchises, privileges, emoluments and compensation as shall be proper, and may pass ordinances confirming and regulating the same.

(17 Del. L. ch. 207, § 134; 17 Del. L. ch. 589; 18 Del. L. ch. 188, § 1; 22 Del. L. ch. 406; 53 Del. L. ch. 12, §§ 1, 2)

Sec. 10-16. - Cancellation of liens.

The council shall, by resolution, from time to time, as occasion may require, cancel and satisfy of record, at any meeting of the council, any and all liens entered against abutting property for the paving or curbing of any footway, sidewalk or street, as well as liens entered for the construction of any public sewer or drain, upon the presentation by the owners or agents of any property liened for purposes aforesaid, of evidence of previous payment to the proper municipal authorities of the city for the whole number of feet contained in the street line of the property of such owners, respectively, of any curbing or paving in front or alongside of, or the drainage from such property, or for sewers.

Upon the absence of evidence of any previous payment for liens as aforesaid, the council is hereby authorized, in its discretion, to cancel and satisfy of record, any and all liens entered against abutting property, where the property so liened has been and is draining into a public sewer previous to and at the time of the entry of the lien, as aforesaid.

(20 Del. L. ch. 93, §§ 1—3; 53 Del. L. ch. 12, § 2)

Sec. 10-17. - Authority to change, etc., natural watercourses, etc.

The council shall have the right to alter and change the course or direction of any of the natural watercourses, runs or rivulets within the city, and for that purpose to enter upon, take and occupy lands, tenements and hereditaments. Before any property or ground shall be taken or occupied for such purpose, the owner or owners of such property or ground shall be paid or tendered such damages as they shall be respectively entitled to receive, which damages shall be assessed, paid or tendered in the same manner as in the case of the taking of ground or property for extending, widening, laying out or opening of streets. The costs of such alterations or change shall be estimated, and any allotment, apportionment, assessment or division of any portion thereof, as the freeholders may deem just and reasonable, shall be made upon and among the persons, properties, interests and estates specially benefited by such alteration or change, and collected and made a lien in the mode provided in the case of extending, widening, laying out or opening any street, as provided for in this article.

(17 Del. L. ch. 207, § 135; 18 Del. L. ch. 188, § 1)

Sec. 10-18. - Provisions refer to vehicles upon highways; exceptions; powers of local authorities.

(a)

The provisions of this title [21 of the Delaware Code] relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1)

Where a different place is specifically referred to in a given section.

(2)

That subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State.

(3)

That subchapter VIII of this chapter and § 4164 of this title [21 of the Delaware Code] shall apply upon highways and elsewhere throughout the State, except that subchapter VIII of this chapter and § 4164 of this title [21 of the Delaware Code] shall not apply upon any nonresidential, commercial property. For the purposes of this paragraph, "elsewhere" shall mean only those areas regulated by traffic-control devices which have been reviewed and approved as acceptable for the area by the Delaware Department of Transportation.

(4)

Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven, the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department of Safety and Homeland Security (hereinafter "Department") in a manner prescribed by the Department, requesting the Department assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property, the Department shall, by written notice, so notify each governmental body and property owner affected and shall supply copies of such notice to all appropriate courts and law-enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of Title 17 [of the Delaware Code] and this title [21 of the Delaware Code] shall apply to the affected private property. The installation and maintenance of all traffic-control devices authorized by the Department of Transportation shall be undertaken by the owners at no cost to the State.

(b)

Local authorities, except as expressly authorized by law, shall not enact or enforce any rules or regulations contrary to this chapter. Traffic ordinances and regulations adopted by local authorities, and substantially conforming to the sections of this chapter, shall have the same force and effect as the traffic laws of this title [21 of the Delaware Code]. Whenever any provision of this title [21 of the Delaware Code] refers to a specific section of this title [21 of the Delaware Code], such section shall be deemed to include substantially conforming ordinances and regulations enacted by local authorities. The court's notice of conviction for violating a local ordinance or regulation that substantially conforms to this title [21 of the Delaware Code], when included in the person's driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. This section shall not be deemed to affect the jurisdiction for violations of local traffic ordinances or regulations nor the fine to be imposed for such a violation. Local authorities may regulate the use of the highways by processions or assemblages. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use nor requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as seems best to such owner.

(c)

The authority to authorize, maintain, install and remove all traffic-control devices necessary to implement this title [21 of the Delaware Code] is provided to the Department of Transportation and to local authorities in their respective jurisdictions by Chapter 1 of Title 17 [of the Delaware Code]. Unless otherwise provided in this title [21 of the Delaware Code], the authorities granted are uniformly applicable to all sections of this title [21 of the Delaware Code].

(d)

Liability for failure of owner to comply with traffic light signals.

(1)

The Department of Public Safety and/or the governing body of any city or any county may provide, by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with traffic light signals in accordance with the provisions of this subsection. This subsection allows the Department of Transportation and/or the governing body of any city or county to install and operate traffic light signal violation monitoring systems; provided however, that in the event the installation other than by the Department of Transportation on state-maintained streets or roads, the Department of Transportation must first approve such installation; and provided further that the duration of the yellow light change interval, at any intersection where a traffic control photographic system or other traffic light signal violation monitoring system is in use, must be no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation.

(2)

Liability—The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal violation monitoring system, shall be subject to a civil or administrative assessment not to exceed $75; provided, however, that the city or county may provide for an additional assessment not to exceed $10 if the civil or administrative assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. Assessments and court costs may not be suspended and no assessments, other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected as a result of a traffic control signal monitoring system shall be paid to the city or county which controlled the monitoring system, or the General Fund for personnel, after first being applied to reimburse the applicable state agencies for their costs of administering such systems.

(3)

Definitions—For purpose of this subsection only:

a.

"Owner" means the registered owner of such vehicle on record with this or any other state; provided, however, that in the event that the owner is a vehicle leasing company, the "owner," for purposes of this subsection, shall mean the person shown on the records to be the lessee of such vehicle. Vehicle rental companies are excluded from the definition of "owner."

b.

"Traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces 2 or more photographs, or 2 or more microphotographs, or a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this subsection.

(4)

Summons and notice of violation—Any nonresident owner or operator of any motor vehicle which is operated or driven on the public streets, roads, turnpikes or highways of this State is deemed to have submitted to the jurisdiction of the Delaware courts for purposes of this subsection. Notwithstanding any other provision of the Delaware Code, a summons for a violation of this subsection may be executed by mailing to any Delaware resident or nonresident by first class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Division of Motor Vehicles of this or any other state, as appropriate. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing by first class mail of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the:

a.

Name and address of the owner of the vehicle;

b.

Registration number of the motor vehicle involved in the violation;

c.

Violation charges;

d.

Location where the violation occurred;

e.

Date and time of the violation;

f.

Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation;

g.

Amount of the civil assessment imposed and the date by which the civil assessment should be paid;

h.

Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of the registration of any of the owner's vehicles; and

i.

Notice of the summonsed person's ability to rebut the presumption that he or she was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

(5)

Payment by voluntary assessment—Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Justice of the Peace Court or an entity designated by the Court, the Department of Safety and Homeland Security, or by the city or county in which the traffic light was located. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, by regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county, and shall be in lieu of the procedures set forth in § 709 of this title [21 of the Delaware Code].

(6)

Procedures to contest the violation—A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Safety and Homeland Security or applicable county or city. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive, regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county. Additional administrative collection processes may be established by Court rule, policy directive, regulation, code or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.

(7)

If the owner or an operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time, or submit an affidavit stating that he or she was not the driver, the Department of Motor Vehicles may refuse to register or deny the renewal of the registration of any of the owner's or operator's vehicles or both. If the owner or an operator identified by the owner is found responsible at a hearing and fails to pay as ordered by the Court, or requests a hearing and fails to appear, the Department of Motor Vehicles shall suspend the license of the owner or operator.

Upon receiving a record of failure to comply, the clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the Department of Public Safety or its designee, or the applicable city or county shall have authority to seek such execution, enforcement or transfer.

(8)

Proof of violation—Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection of photographs, micro=-photographs, videotape or other recorded images produced by a traffic light signal violation monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician employed by a locality authorized to impose assessments pursuant to this subsection, or by an employee of an entity designated by such locality to administer records under this subsection. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance or other law adopted pursuant to this subsection.

(9)

Presumptions—The owner of any vehicle found to be in violation of this subsection shall be held prima facie responsible for such violation in the same manner as provided for under § 7003 of this title [21 of the Delaware Code], unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:

a.

Furnishes an affidavit by regular mail to the entity indicated on the summons that he or she was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate(s) thereof had been reported to the police as stolen prior to the time of the alleged violation of this subsection; or

b.

Provides proof in court that he or she was not the operator of the vehicle at the time of the alleged violation or that he or she failed to comply with the traffic signal either in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.

A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the traffic light signal. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(10)

Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title [21 of the Delaware Code] and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (d) to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in subsection (d)(4) of this section.

(11)

Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. Such appeal shall operate as a stay or supersedes of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant's right to a writ of certiorari in the Superior Court. Additional penalty assessments for late payment/response pursuant to subsection (d)(2) of this section shall be included in determining the amount of the civil penalty for purposes of determining the right to an appeal.

(21 Del. C. 1953, § 4101; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 58 Del. Laws, c. 515, § 1; 60 Del. Laws, c. 701, § 8; 63 Del. Laws, c. 449, § 1; 68 Del. Laws, c. 390, §§ 1, 2; 71 Del. Laws, c. 89, §§ 1, 2; 73 Del. Laws, c. 204, § 1; 74 Del. Laws, c. 66, § 1; 74 Del. Laws, c. 110, §§ 84, 85, 138; 74 Del. Laws, c. 301, § 1; H.B. No. 100(2005), §§ 1—11)

Secs. 10-19—10-40. - Reserved.