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1.0
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Definitions
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"Activity
Charge" means any fee assessed to offset the costs associated with a
particular program or activity."
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"Activity
Engaged in Surf Fishing" means when a person is taking all
reasonable and necessary actions to maximize the probability of hooking and
landing game fish by rod, reel and line attached to a baited rig, artificial
lure or artificial fly. A person is also actively engaged in surf fishing
when they are within 50 feet of their fishing equipment and are tending,
casting and recasting their fishing equipment.
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"Alcoholic
Liquor", "Alcoholic Beverages" include the 4 varieties
of liquor defined in 4 Del.C. §101 (alcohol, spirits, wine and beer) as well as every
liquid or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being and any liquid or solid
containing more than 1 of the 4 varieties defined in 4 Del.C. §101 is
considered as belonging to that variety which usually has the higher
percentage of alcohol.
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"Authorized
Agent" shall mean any employee of the Division or
volunteer who has been delegated the authority to perform or cause to be
performed, certain designated acts or functions within the scope of his
duties.
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"Commission"
means the Commission created under 4 Del.C. Ch. 3, under the
name of "The Delaware Alcoholic Beverage Control Commission".
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"Department"
shall mean the Department of Natural Resources and Environmental Control.
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"Director"
shall mean the Director of the Division of Parks and Recreation.
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"Division"
shall mean the Division of Parks and Recreation of the Department of
Natural Resources and Environmental Control.
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"Drug Paraphernalia" for
the purposes of this chapter shall be defined in 16 Del.C. §4701.
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"Highway"
means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
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"Hunter
Registration Card" means a document issued by the Division which
confers eligibility to participate in hunting programs on parks subject to
special restriction.
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"License"
means any license, temporary instructor's permit or temporary license
issued under the laws of the state pertaining to the licensing of persons to
operate motor vehicles or vessels. "License" shall also mean any
document issued by the State for hunting or fishing.
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"Motorized
Vehicle" means every vehicle which is self‑
propelled including, but not limited to, mopeds, motorcycles, all terrain
vehicles (ATV) and other two, three, or four‑wheel vehicles.
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"Operator"
means any person who is in actual physical control of any motor vehicle,
vessel, snowmobile or other means of conveyance.
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"Owner"
means a person who holds legal title to a vehicle, vessel or snowmobile.
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"Permit"
shall mean any written license issued by the Department permitting the
performance of a specified act or acts.
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"Resident"
shall mean any person, persons or corporations owning a motor vehicle(s)
duly registered by the Delaware Motor Vehicle Division of the Department of
Public Safety and possessing a valid Delaware Motor Vehicle operator's
license.
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"Restaurant"
means any establishment, provided with special space and accommodation,
where, in consideration of payment, food is habitually furnished to a park
visitor, and does not include the following types of establishments defined
in 4 Del.C. §101, tavern or taproom.
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"Restricted
Use Parking Area" means those parking areas which may be
set aside and reserved for use by persons patronizing certain facilities within
the park. Such areas will be signed designating type of use: i.e., Restaurant
Parking, Marina Parking, etc.
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"Secretary"
shall mean the Secretary of the Department of Natural Resources and
Environmental Control.
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"Snowmobile"
means a motor vehicle designed to travel over ice or snow supported in
whole or in part by skis, belts, or cleats, or an engine‑driven vehicle
of a type which uses sled‑type runners or skis or an endless belt tread
or any combination of these or other similar means of contact with the
surface upon which it is operated, but does not include any farm tractor,
highway or other construction equipment or any military or law enforcement
vehicle.
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"State"
shall mean the State of Delaware.
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"Surf
Fishing Vehicle Permit" means the owner's copy of the
written permit and a surf fishing vehicle plate with current year validation
sticker affixed.
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"Vending"
means to: solicit or receive an order for; keep or expose for sale;
deliver or value in any other way than purely gratuitously; keep with intent
to sell; traffic in; or for any valuable consideration, promise or obtain,
directly or indirectly, or under any pretext or by any means whatsoever,
procure, or allow to be procured for any other person.
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"Vendor"
means a person who is in the act of vending as defined in these
regulations.
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"Vessel"
includes every description of water craft, other than a seaplane on
water, used or capable of being used as a means of transportation.
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2.0
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General Information
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2.1
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PurposeIt
shall be the intent and purpose of the Division of Parks and Recreation to
adopt only those minimal Rules and Regulations that are essential to the
protection of Park resources and improvements thereto and to the safety,
protection and general welfare of the visitors and personnel on properties
under its jurisdiction.
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2.2
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ScopeUnless
otherwise provided by statute, the following shall constitute the Rules and
Regulations of the Division of Parks and Recreation and shall govern the use
of all applicable lands, recreation areas, historic sites, natural areas,
nature preserves, rights as grantee to conservation easements, marinas,
waters and facilities administered by the Division of Parks and Recreation.
No Rule or Regulation herein shall preclude the enforcement of any statute
under the Delaware Code.
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2.3
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Regulation
AuthorityIn accordance with Title 7 Del.C. §4702©, of the Delaware
Code Annotated, the Administrative Procedures Act, all Rules and Regulations
of the Department of Natural Resources and Environmental Control, Division of
Parks and Recreation, shall have the effect of law and shall be published in
at least two newspapers, of general circulation in the territory to be
affected, 30 days prior to the date the Rules and Regulation become
effective, except in the case of an emergency, the Department or Division
shall give such advance notice as deemed necessary or desirable.
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2.4
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Construction
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2.4.1
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No Rule or Regulation herein
shall be interpreted or construed in such a manner as to prevent or delay
authorized personnel of the Department or other state, county or municipal
agencies from completing official duties or emergency services.
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2.4.2
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In special circumstances, events or
emergencies, the Secretary or Director may, when it is deemed to be in the
public interest, waive a specific Rule, Regulation or fee.
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2.4.3
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Failure to enforce a specific Rule
or Regulation at a particular instance or instances shall not affect the
validity of any other Rule or Regulation or affect the validity of such Rule
or Regulation at any other time.
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2.5
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Park Policies
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2.5.1
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In order to promote
the safety and welfare of park visitors and protect and manage property in
the parks, the Director, Chief of Enforcement, Part Administrators and
Superintendents shall have the authority to develop reasonable policies for
State Parks that are not in conflict with 7 Del.C. Ch. 47 and these Rules and Regulations.
These policies must be approved by the Director and posted in a conspicuous
place in the park prior to their becoming effective. Copies of all policies shall
also be maintained in the office of the Park Superintendent or Administrator
of the park.
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2.5.2
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Violation of any park policy shall
be grounds for eviction from the park and the denial, revocation or
suspension of any permit issued or privilege granted by the Division.
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2.5.3
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The Division shall have the
authority to enforce safety rules and/or policies developed in accordance
with 2.5.1 of these Regulations or the protection of visitors and property.
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2.6
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SeverabilityIf any section,
subsection, paragraph, sentence, phrase or word of these Rules and
Regulations are declared unconstitutional by a court of competent
jurisdiction, the remainder of these Rules and Regulations shall remain
unimpaired and shall continue in full force and effect, and proceedings
thereunder shall not be affected.
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2.7
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Terms
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2.7.1
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Any term contained in these Rules
and Regulations shall be construed as follows:
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2.7.1.1
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Any term in the singular shall
include the plural and vice versa;
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2.7.1.2
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Any term in the masculine shall
include the feminine and neuter;
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2.7.1.3
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The prohibition of an act shall tend
to include an attempt to commit such act and the causing and/or the procuring
directly or indirectly of such act;
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2.7.1.4
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No provision contained in these
Rules and Regulations and no act performed by an officer or employee of the
Department in the line of duty or in the scope of employment, or any act
performed by a person, his agents, or employees in the performance or
execution of the terms of an agreement with the Department shall be cause to
be deemed unlawful; and
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2.7.1.5
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Any reference to the Director, Park
Administrator, Superintendent or Marina Manager shall include their
authorized agent.
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2.8
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Permit Violation
PenaltiesThe violation of, or the refusal to obey, any Law, these Rules and
Regulations, Park Policies or the terms or conditions of any permit issued or
privilege granted by the Division shall be grounds for the suspension or
revocation of any permit issued or privilege granted by the Division, the
removal or eviction from State Park lands and/or the denial of future entry
to, or the denial of future permits or privileges within State Parks. Any and
all applicable permit fees shall be forfeited to, and retained by, the
Division. Any such suspension, revocation, removal, eviction or the denial of
entry, permit or privilege shall not preclude the prosecution of any person
for violation of any Law or these Rules and Regulations.
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3.0
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Rules and
Regulations
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3.1
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Use
Restriction/Trespassing
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3.1.1
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The Director may limit or close
specific public use areas, lands, waters and/or facilities and/or temporarily
prohibit certain activities, including possession and/or consumption of
alcoholic beverages within those areas when such action is deemed necessary
for property management, protection of flora, faunas and their habitats or
when it is in the best interest of the health, safety, and the general
welfare of the visitors and/or general public.
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3.1.2
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Entering or remaining on lands under
the jurisdiction of the Division when such lands are closed or entering or
remaining within any building, structure of facility when such building,
structure or facility is closed, shall be prohibited without a written
permission from the Director, or designee.
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3.1.3
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No person shall enter upon or be
present upon lands administered by the Division, except as authorized by
statute, regulation or written permission from the Director.
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3.1.4
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No structure, facility, building or
area administered by the Division will be used for any activity other than
that for which it was intended.
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3.1.4.1
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No person(s) shall sleep, or attempt
to sleep, or otherwise be present who are not engaged in the activity for
which the 24 hour facility or area is designated.
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3.1.5
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No person shall use or attempt to
use a State Park campground as a principle residence or as a base of
operations for conducting any type of business either on a permanent or
temporary basis.
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3.1.6
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Use of metal detectors on lands
under the jurisdiction of the Division shall be prohibited except during
normal park hours in the following areas:
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3.1.6.1
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Lums Pond State Park swimming area
beach;
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3.1.6.2
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Ocean beaches east of the dune line.
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3.1.7
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No person shall collect, excavate,
injure, destroy or appropriate prehistoric or historic artifacts or human
skeletal remains from lands under the jurisdiction of the Division except
with written permission from the Director. Violations under this paragraph
may be charged under the provisions of 7 Del.C. §5306 or 7 Del.C. §5411.
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3.1.7.1
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Possession or use
of tools or devices specifically designed for the excavation and removal of
artifacts or human skeletal remains shall be deemed prima facie evidence of a
violation of this Regulation and will be confiscated, held as evidence and be
subject to forfeiture upon conviction.
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3.1.8
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In
areas where activities such as rock climbing, rapelling or similar activities
are permitted on lands administered by the Division a program
fee/registration may be required.
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3.1.9
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The Division
maintains exhibits at the Brandywine Zoo, various Nature Centers and temporary exhibits to provide recreational interpretation to the public. The
following regulations apply in these areas:
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3.1.9.1
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No
person shall bring pets or other animals into the Zoo.
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3.1.9.2
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No person shall throw any object(s)
at animals or into the animal enclosures.
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3.1.9.3
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No person shall feed or attempt to
feed any animal other than persons designated by the Zoo Director.
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3.1.9.4
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No person shall harass or attempt to
harass any of the zoo animals by making unreasonable sounds, gestures,
movements or use any object to touch the animals.
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3.1.9.5
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No person shall attempt to cross any
safety barriers to prevent the animals from coming in contact with the
general public.
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3.1.9.6
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No person shall put or attempt to
put any body parts in the animal enclosures.
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3.1.9.7
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No person shall throw any objects(s)
into any exhibit.
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4.0
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Campground
Policy
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4.1
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The
Division shall develop policies as necessary pursuant to Section 2.5.1 of
these Regulations to ensure the safe and efficient operation of its
campgrounds. Copies of the Campground Policy shall be kept on file in the
park offices, posted in the campgrounds and will be made available to campers
at the time of registration.
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5.0
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Vessel
Regulations
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5.1
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No
person shall launch or recover vessels from waters within or bordering on
State Park lands except at designated boat launch areas or docks.
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5.2
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No
person shall operate a vessel except at slow‑no‑wake speed on any
pond or lake, canal or within any marina under the jurisdiction of the
Division.
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5.2.1
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No person shall launch or operate
a vessel powered by an internal combustion engine on Trussum Pond and Raccoon
Pond.
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5.3
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All laws, rules and regulations as
established by the Department governing boating in the State of Delaware
shall apply to all ponds, lakes, rivers, canals, waterways, and marinas
owned, leased, licensed or under the jurisdiction of the Division.
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5.4
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No person shall operate or use
vessels of any type, including inflatable rafts, sailboats, rowboats and
canoes on waters administered by the Division without one (1) Coast Guard
approved lifejacket on board for each person.
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5.4.1
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Operators and passengers of Division
rental canoes and sailboats, or kayaks or other watercraft rented or
provided by the Division must wear a Coast Guard approved life jacket in the
manner prescribed at all times while aboard such craft.
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5.5
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No person shall
operate any vessel within fifty (50) feet of or through any designated public
swimming area within any inland pond under the Division’s jurisdiction.
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5.6
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No person shall
operate any vessel within one hundred (100) feet of a swimmer or any
designated swimming or surfboarding area, any swimmer or surfer or the
coastline of any ocean beach or inland bay unless designated for such
purpose.
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5.7
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Vessels and/or trailers shall not be
anchored, moored, beached, stored or left unattended between the hours of
sunset and 8 a.m. on lands or waters administered by the Division without
authorization of the Park Administrator, Superintendent or Marina Manager.
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5.8
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Swimming or diving from any vessel,
including a seaplane is prohibited in waters under the jurisdiction of the
Division.
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5.9
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A person renting a vessel from the
Division shall comply with the manufacturer’s rated capacity for such vessel.
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5.10
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Operation of a vessel in a negligent
or reckless manner which could endanger life, limb or property is prohibited.
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5.11
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Vessels shall not be permitted to
dock at Cape Henlopen State Park fishing pier, Holts Landing State Parks
fishing pier or at Fort Delaware dock except in an emergency when in
distress. The following stipulations must be adhered to:
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5.11.1
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Approval for emergency docking must
be obtained from the Park Superintendent or Administrator either prior to
docking or within eight (8) hours after docking.
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5.11.2
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A docking fee based on prevailing
rates in the area will be paid by vessels docking at Cape Henlopen fishing pier or at Fort Delaware Dock.
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5.11.3
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The owner and/or vessel master shall
be responsible for any damage to the docks.
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5.12
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The parking or leaving overnight of
vessels, or vessel trailers in marina parking lots or marina areas shall be
prohibited unless prior written permission is given by the Marina Manager.
This shall not apply to vessels and trailers legally stored within designated
vessel storage areas or if the area is designated as a 24-hour facility by
the Division.
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6.0
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Marinas
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6.1
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Any vessel entering the waters of
any marina administered, operated, leased or licensed by the Division shall
immediately come under the jurisdiction of the Division. All rules and
regulations of the Division, in addition to the laws, rules and regulations
governing vessels established by the Department and the U.S. Coast Guard
shall apply.
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6.2
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No
person shall dock or anchor a vessel within the waters of a marina complex
administered, operated, leased or licensed by the Division unless the owner
master of such vessel pays such fees as required for dockage. Dockage
contracts may be obtained from the marina office or from the Marina Manager.
This regulation shall not apply to vessels docking at refueling stations to
take on fuel.
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6.2.1
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In
addition to any penalties assessed for violations of this Regulation, the
owner or operator of the vessel shall also pay the dockage or anchorage fee.
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6.3
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Docking or anchoring of vessels will
be permitted only in areas designated by the Marina Manager.
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6.4
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No major repair work, other than
minor repairs and routine maintenance shall be performed on any vessel within
a marina complex administered, operated, leased or licensed by the Division
without the approval of the Marina Manager.
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6.4.1
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No major repair work shall take
place on any vessel, except in such areas as designated by the Marina
Manager.
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6.5
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Refueling of vessels will be permitted
only at the designated refueling bulkhead stations. Distributors shall not
deliver fuel to vessels docked in a marina administered, operated, leased or
licensed by the Division.
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6.5.1
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No vessel shall dock or anchor at a
refueling station except to take on fuel.
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6.5.2
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Vessels docked at refueling stations
to take on fuel shall not be left unattended and shall be removed immediately
upon completion of refueling.
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6.5.3
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Only the owner, master or a crew
member shall remain on board during refueling. All passengers must disembark
until refueling operations are completed.
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6.5.4
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All engines must be shut down during
refueling.
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6.5.5
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Smoking or open flames are
prohibited within fifty (50) feet of the refueling stations.
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6.5.6
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No person shall use any refueling
station for the purpose of loading or unloading supplies or passengers,
except when complying with 6.5.3 above.
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6.5.7
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No gasoline or diesel fuel shall be
pumped or siphoned from any vessel within the marina complex without the
Marina Manager's prior approval and then only within an approved area
designated by the Marina Manager. Under no circumstances will fuel be removed
while the vessel is docked within a slip.
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6.6
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No refuse, trash, oil or effluents
shall be thrown or pumped overboard into the waters of a marina, channel
approaches or other areas administered by the Division or Department.
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6.6.1
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Waste oil and used oil filters shall
be transported in sealed containers and deposited in a waste oil tank located
within the marina. Waste oil filters will be deposited in an oil filter
receptacle located adjacent to the waste oil tank or other authorized recycle
centers.
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6.7
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Disorderly conduct by vessel owners,
their crew or guests shall be cause for cancellation of a pier dockage
agreement and any assigned dock or mooring space.
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6.8
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Safety precautions must be observed
and complied with in all marina areas administered by the Division.
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6.8.1
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Swimming or diving is prohibited
from all piers, docks, bulkheads and vessels within marina waters.
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6.8.2
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Running or horseplay is prohibited
on all piers, docks and bulkheads within the marina.
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6.8.3
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Fishing is prohibited from all
piers, docks, bulkheads and vessels within marina waters.
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6.8.4
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Use of barbecue grills or other
types of portable open flame cooking devices are prohibited on docks or
vessels moored within the marina complex.
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6.9
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Fish cleaning is
prohibited within a marina complex, except at authorized fish cleaning
facilities that may be provided.
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6.9.1
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It is prohibited to throw or dump
into the waters or onto the grounds of the marina any fish remains, parts or
pieces thereof, except in receptacles provided for such purposes.
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6.10
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No person shall go aboard any vessel
docked, anchored or stored within a marina complex, unless such person is
accompanied by the owner or master, or has written permission from the owner
or master of such vessel.
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6.11
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No person shall enter upon the
grounds, waters, docks or piers of a marina from one‑half (˝) hour
after sunset until one‑half (˝) hour before sunrise except authorized
persons such as vessel owners, masters, crew members and passengers returning
from or embarking on boating excursions for fishing or pleasure, or
authorized persons residing aboard a vessel.
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6.12
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The parking or leaving overnight of
vessels or vessel trailers in marina parking lots or marina areas shall be
prohibited unless prior written permission is given by the Marina Manager.
This shall not apply to vessels and trailers legally stored within designated
vessel storage areas.
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7.0
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Water Sports
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7.1
|
Persons swimming or sunbathing on
areas administered by the Division shall be attired in acceptable swimwear,
worn so as to prevent any indecent or lewd exposure of the person.
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7.1.1
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Males – must cover buttocks and
genitals.
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7.1.2
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Females – must cover buttocks,
breasts and genitals.
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7.2
|
Swimsuits must be worn when using
Division swimming pools. Cut‑off jeans, trousers or other clothing not
designed and sold as swimwear will not be permitted.
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7.3
|
Lifeguards shall have the authority
to enforce safety rules or policies which are deemed necessary for the
protection of the public. Such rules shall be posted in a conspicuous place
and shall be on file in the Park Administrator/Superintendent’s office.
Lifeguards shall have the authority to expel any person or persons who are
violating the Park Rules, Regulations and Policies. Swimming outside of
designated swimming areas is prohibited.
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7.4
|
No surfboards,
sailboards, kayaks or similar watercraft shall be allowed in designated
guarded swimming areas unless approved by the Director or their designee.
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7.5
|
Water skiing or towing of any person
on any type of device, other than on another vessel, shall be prohibited on
all non‑tidal waters administered by the Division, except by written
permission of the Director or their designee.
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7.6
|
Use of scuba diving equipment shall
be prohibited in all waters administered by the Division, unless written
permission is given by the Director or their designee.
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7.7
|
The possession of glass containers
within any swimming area or on any beach administered by the Division shall
be prohibited.
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8.0
|
Ice Skating
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|
8.1
|
No person shall ice skate or enter
upon any frozen pond, lake or stream administered by the Division except on
areas as may be designated by the Division.
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8.2
|
Areas where ice skating is permitted
by the Division shall be marked and no person shall be permitted on the ice
outside of such designated area.
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9.0
|
Snowmobiles
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9.1
|
Snowmobiles used or operated on
lands under the jurisdiction of the Department must be registered with the
State of Delaware. Exempt from this requirement are snowmobiles owned by non‑residents
evidenced by a valid registration of another state, province, county or
political subdivision thereof, or the United States.
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9.2
|
Registration of a snowmobile
hereunder shall not be deemed to grant permission for operation of a
snowmobile on any public roadway or highway or on private property.
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10.0
|
Surf Fishing Vehicles
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|
10.1
|
The Division through its authorized
agents shall collect an annual fee and issue an appropriate permit for each
four (4) wheel vehicle equipped for travel upon sand beaches for the purpose
of surf fishing at Cape Henlopen State Park, Delaware Seashore State Park, Fenwick Island State Park, and Beach Plum Island.
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10.1.1
|
Surf Fishing Vehicle Permits
shall be issued only to those vehicles duly registered and licensed to
operate on public highways.
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10.1.2
|
Four
(4) wheel vehicles for purposes of this Section shall mean a vehicle
equipped with four (4) wheels which makes contact with the road surface.
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10.1.3
|
No Surf Fishing Permit shall be
issued to any vehicle whichmeasures less than seven (7) inches between the
lowestpoint of the vehicle and the ground.
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10.1.4
|
Surf fishing vehicles must be
equipped with a shovel, jack, tow rope or chain, board or similar support
for the jack and a low‑pressure tire gauge.
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10.1.5
|
Failure to possess adequate
saltwater fishing tackle, bait and/or lures commonly used for surf fishing
shall be deemed prima facie evidence of a violation of this regulation.
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10.2
|
No person shall operate a vehicle
upon the beach areas or dune crossings administered by the Division without a
permit for such vehicle as set forth in Section 10.1.
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10.3
|
The surf fishing vehicle plate must
be properly displayed on the vehicle for which the permit was issued prior to
operation on beach areas administered by the Division.
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10.3.1
|
The surf fishing vehicle plate shall
be affixed to the front of the vehicle.
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10.3.2
|
The owner’s copy of the permit
receipt shall be available for inspection at all times when the vehicle is
being operated on such beach areas.
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10.4
|
It
shall be unlawful to operate any vehicle on any authorized dune crossing or
on any beach area administered by the Division at any speed that is greater
than is reasonable and prudent under the conditions, and having regard to the
actual and potential hazards then existing, but never exceeding 15 m.p.h. In
every event, speed shall be controlled and limited to that speed necessary to
maintain traction and steerage.
|
|
10.5
|
The capacity of the beaches
administered by the Division to absorb the impact of vehicles, without
substantial environmental degradations and decreased quality of experience
for all visitors is limited. Therefore, vehicle use on the designated
beaches is restricted to persons actively engaged in surf fishing. Permitted
surf fishing vehicle operation on the beaches administered by the Division
for reasons other than traveling to and from fishing areas for the express
purpose of actively engaged in surf fishing, is prohibited. Any permitted
surf fishing vehicle parked for any period of time on the beaches
administered by the Division, without one or more persons who arrived in that
vehicle being actively engaged in surf fishing is prohibited. When no one
who arrived in the surf fishing vehicle is actively engaged in surf fishing,
the surf fishing vehicle shall exit the beach immediately. In addition to
other penalties prescribed in these regulations and by statute, violation of
this subsection is grounds for suspension or revocation of the permit.
|
|
10.5.1
|
Use of a surf fishing permit for the
purpose of commercial bait fishing is permitted on the beaches administered
by the Division provided all conditions and requirements of said permit are
met and a permit is obtained from the Director.
|
|
10.6
|
The Division shall designate areas
for surf fishing vehicle use on beaches under its jurisdiction. These areas
shall be marked with symbol signs indicating 24‑hour access, limited
access and no access. Operation of a vehicle in an area not authorized for
such use or during times and/or dates the area is closed to vehicles shall be
a violation of this regulation.
|
|
10.7
|
The
use or operation of any vehicle whatsoever, on, over, or across the sand
dunes on Division lands is expressly prohibited, except when it is a vehicle
displaying a valid Delaware Surf Fishing Vehicle Permit and is crossing dunes
at authorized dune crossings, which are designated and maintained for that
purpose by the Division.
|
|
10.7.1
|
Any other use or operation of a
vehicle on, over or across the primary sand dunes, except at authorized
crossings, is expressly prohibited. Violators of this regulation may be
charged under 7 Del. C. §6805(b) which carries a penalty of $200 to $5,000 or
imprisonment for up to two years or both, in addition to reimbursing the
Department for reasonable expenses in remedying damages created.
|
|
10.8
|
Beach areas, including surf fishing
areas, may be closed to pedestrians and vehicles, in whole or in part, for
resource protection or for health, welfare, and/or safety reasons for such a
period as may be determined by the Department. Unauthorized entry into a
posted and/or barricaded closed area shall be a violation of this regulation.
|
|
10.9
|
It shall be a violation of this
Section to loan a Surf Fishing Vehicle Permit, or to use or attempt to use a
Surf Fishing Vehicle Permit on any vehicle other than the vehicle it is
assigned to. In addition to other action that may be taken, the permit will
be confiscated and held as evidence.
|
|
10.10
|
The Director shall have the right to
suspend Surf Fishing Vehicle Permits for up to 90 days or to revoke permits
for up to three (3) years for conviction of reckless operation of a surf
fishing vehicle or operation of a surf fishing vehicle under the influence of
alcoholic beverages and/or drugs on lands administered by the Division or for
violations of these regulations.
|
|
11.0
|
Vehicles
|
|
11.1.1
|
No person shall operate any
motorized vehicle upon any lands administered by the Division, unless said
vehicle is licensed for use upon public highways and roadways.
|
|
11.1.2
|
Vehicles operated on lands
administered by the Division must be properly equipped with brakes,
headlights, tail lights, tag light, turn signal, and horn all in good working
order.
|
|
11.1.3
|
Towed trailers must have an adequate
towing hook‑up, complete with safety chains. They must also be
equipped with operating tail lights, turn signals, tag light, and be
currently registered to be towed on public roads.
|
|
11.2
|
No person shall operate a motor
vehicle, motorcycle, motor bike or other two or three‑wheeled motor
driven vehicle upon any lands administered by the Division, unless said
person has been issued and is the holder of a valid license or permit to
operate said vehicle on public highways and roadways.
|
|
11.2.1
|
The license or permit shall be in
the immediate possession of the licensee at all times when driving a motor
vehicle, motorcycle, motor bike or other two or three‑wheeled motor
driven vehicle and he/she shall display same upon demand of Department
Enforcement personnel.
|
|
11.3
|
No person shall authorize or permit
a motor vehicle of any type owned by him or under his control to be driven by
any person on lands administered by the Division, knowing that said person
has no legal right to do so, or shall authorize or permit said vehicle to be
driven in violation of any of the provisions of the said Division’s Rules and
Regulations.
|
|
11.4
|
The driver of a motor vehicle when
on lands administered by the Division shall not follow another vehicle more
closely than is reasonable and prudent, having due regard for the speed of
such vehicle, the traffic and the condition of the roadway or area.
|
|
11.5
|
Every driver shall
yield preferential right‑of‑way at an intersection or other place
indicated by stop signs or yield signs authorized and installed by the
Division.
|
|
11.5.1
|
Except when directed to proceed by
an enforcement officer or traffic control device, every driver of a vehicle
approaching a stop intersection indicated by a stop sign shall come to a
complete stop before entering the intersection.
|
|
11.5.2
|
The operator of any vehicle who has
come to a full stop, as provided in 11.1.1 of this Regulation, shall not
enter upon or across such intersection until such movement can be made in
safety.
|
|
11.6
|
Specific motor vehicle speed limits
on lands administered by the Division:
|
|
11.6.1
|
Every driver shall observe all
posted speed limits. When no special hazard exists the following speed shall
be lawful, but any speed in excess of such limits shall be absolute evidence
that the speed is not reasonable or prudent and that it is a violation of
this Section:
|
|
11.6.1.1
|
25 m.p.h. – on roads administered by
the Division unless otherwise posted or stated in Regulations.
|
|
11.6.1.2
|
10 m.p.h. – in parking, camping and
congested areas unless otherwise posted.
|
|
11.7
|
No person shall operate a motor
vehicle on lands administered by the division in a willful or wanton
disregard for the safety of persons or property.
|
|
11.7.1
|
No person shall operate a motor
vehicle on lands administered by the Division in a careless, inattentive or
imprudent manner without due regard for road, weather and traffic conditions.
|
|
11.7.2
|
The intentional
accelerating of a motor vehicle causing spinning of tires or what is commonly
known as “burning rubber" on any park facility or roadway within an area
administered by the Division is prohibited and shall be a violation of this
Section.
|
|
11.8
|
An operator and/or passenger of a
motorcycle under the age of 18 must wear a safety helmet of a type approved
by the Secretary of Public Safety.
|
|
11.9
|
An operator of a motor vehicle shall
not permit any person riding upon any bicycle, coaster, roller skates, sled
or toy vehicle to attach same or himself to any motor vehicle being operated
on lands administered by the Division.
|
|
11.10
|
No person, while
on lands administered by the Division, shall ride upon any vehicle without
the consent of the driver, and when any person is riding on any vehicle with
the driver’s consent, no part of the person’s body may protrude beyond the
limits of the vehicle.
|
|
11.11
|
No person shall
drive or operate a motor vehicle on lands administered by the Division,
unless such motor vehicle is equipped with a muffler in good working order
and in constant operation to prevent excessive or unusual noise.
|
|
11.12
|
No vehicle shall be driven, moved or
parked on any lands administered by the Division unless so loaded or
constructed as to prevent its contents from dropping, sifting, leaking or
otherwise escaping therefrom.
|
|
11.13
|
It shall be unlawful for any person
to operate any motor vehicle or any other type of vehicle within any area
administered by the Division except on such roads or areas specifically
designated by the Division for such purpose.
|
|
11.14
|
No driver shall at
any time drive to the left of a solid center line on a roadway when operating
a vehicle on lands administered by the Division.
|
|
11.15
|
Where traffic
control devices establish one-way traffic, it shall be unlawful to drive in
the opposite direction unless directed by a Law Enforcement Officer.
|
|
12.0
|
Parking Violations
|
|
12.1
|
It shall be unlawful to stop, park
or leave unattended any motor vehicle on any roadways, berms, trails, no
parking zones or in any other areas not specifically designated as a parking
area on lands administered by the Division.
|
|
12.1.1
|
No person shall park any vehicle in
a parking space marked or signed as a designated handicap parking space
unless such vehicle bears a special handicap license plate or displays an
authorized identification card indicating the vehicle is a vehicle of the
handicapped and bearing the license number of the vehicle to which it was
issued.
|
|
12.1.2
|
No person shall park a vehicle and
allow said vehicle to remain parked in an area longer than the posted time
limit.
|
|
12.1.3
|
No person shall park in any parking
space that is signed and marked as reserved for a Park Ranger or emergency
vehicles or employee parking.
|
|
12.1.4
|
No person shall park in a
"Restricted Use Parking Area" unless parking is for use of the
facility so designated.
|
|
12.1.5
|
No person shall
park in any fire lane or within fifteen (15) feet of a fire hydrant.
|
|
12.1.6
|
No person shall park a vehicle in
any designated area without first having paid the appropriate rate, fee or
charge established by the Division or Department.
|
|
12.2
|
It shall be unlawful for any vehicle
to remain on lands administered by the Division after "closing
hours" for any day‑use areas closed from sunset until 8 a.m.
|
|
12.3
|
It shall be unlawful to leave any
motor vehicle unattended on lands administered by the Division for a period
exceeding 24 hours, without prior notification to the Park Administrator or
Superintendent or written approval from the Director.
|
|
12.4
|
Any officer empowered to enforce
Division Rules and Regulations during the performance of his duties may
remove or cause to be removed from any lands administered by the Division, at
the owner's or operator's expense, any motor vehicle, camping unit, or part
thereof, parked or standing illegally or in violation of these regulations.
|
|
12.4.1
|
No
vehicle or camping unit removed or caused to be removedpursuant to this
Section shall be released until payment is made forsuch removal and/or
storage and proper authority to process andoperate said vehicle, camping unit
or part thereof displayed by theperson attempting to recover said vehicle,
camping unit or partthereof.
|
|
12.4.2
|
No
liability shall occur to the Division or its authorized agents for anydamage
or loss caused by such removal or storage.
|
|
12.5
|
A summons in appropriate form adopted by the Division may beattached
to an unattended vehicle found in violation of any of theprovisions of these
Rules and Regulations.
|
|
12.5.1
|
If the identity of an operator of an unattended vehicle in violation
isnot otherwise apparent, the person in whose name the vehicle isregistered
shall be held prima facie responsible.
|
|
13.0
|
Bicycles
|
|
13.1
|
Anyone riding a bicycle or
propelling a vehicle by human power shallhave all the rights and all the
duties applicable to the operator of anyother vehicle referenced within these
Regulations and shall be incompliance with all State laws, rules and
regulations when operatingon lands administered by the Division.
|
|
13.1.1
|
Bicycling
is permitted only on roadways designated for public use,designated and signed
bike paths and multiple‑use trails designatedand signed for such use.
|
|
13.1.2
|
Bicycles
must be ridden as far to their right as possible on roadways.
|
|
13.1.3
|
Bicyclists
must give hand signals when stopping or turning on Parkroadways.
|
|
13.1.4
|
Bicycles operated on designated bike trails/paths shall yield right
ofway at all locations where the trail or path intersects with anyroadway.
|
|
13.1.5
|
Bicycles
operated at night shall be equipped with:
|
|
13.1.5.1
|
A lamp on the front which shall emit
a white light and be visible for 500
feet.
|
|
13.1.5.2
|
Reflectors or
reflectorized material on the rear and be visible from 600 feet.
|
|
13.1.6
|
No one shall
operate a bicycle on Park roadways with ear plugs inboth ears or while
wearing a headset covering both ears.
|
|
14.0
|
Roller Skating, Skateboards, Roller
Skis
|
|
14.1
|
Using roller skates, skateboards,
roller skis or similar devices isprohibited on lands administered by the
Division except in areaswhich may be designated for such use.
|
|
14.2
|
No
person shall operate a motorized scooter, moped or similardevice not defined
in 21 Del.C. §101(53).
|
|
14.3
|
Persons
on skateboards, roller skates, coasters, sleds or toyvehicles are prohibited
from being towed or propelled by a motorvehicle on lands administered by the
Division.
|
|
15.0
|
Aviation
|
|
15.1
|
No
person shall voluntarily bring, land or cause to descend or alight on or upon
any lands or waters administered by the Division any aircraft, flying
machine, balloon, parachute or other apparatus for aviation except with the
prior consent of the Director. "Voluntarily" shall mean for
purposes of this paragraph anything other than a forced or emergency landing.
|
|
15.2
|
Flying of radio‑controlled
model aircraft or the launching of modelrockets shall not be permitted in
areas administered by the Divisionexcept in areas set aside and designated
for such purposes. Specialpolicies regarding insurance and operating
conditions will be posted.
|
|
16.0
|
Domesticated Animals/Pets
|
|
16.1
|
No
person shall ride or lead a horse through any area or upon anyroadway, trail
or path administered by the Division unless such area,trail, roadway or path
is designated for such use by the Division.
|
|
16.1.1
|
Animal‑drawn
vehicles are permitted upon roadways and parkingareas and shall be granted
all the rights and shall be subject to allthe regulations applicable to motor
vehicles except for thoseregulations which by their very nature can have no
application.
|
|
16.2
|
In
areas where horses are permitted on ocean beaches administeredby the
Division, owners/riders must stay within the parametersoutlined in the
Horseback Riding Policy.
|
|
16.2.1
|
On
State Park ocean beach areas, horses must use the designatedcrossings as
outlined in the Horseback Riding Policy.
|
|
16.2.2
|
Vehicle
and trailers used to transport horses shall be parked inaccordance with the
Division’s Horseback Riding Policy.
|
|
16.3
|
Except
guide dogs accompanying blind and/or deaf persons, dogsand other domesticated
animals, shall not be permitted within orupon designated picnic areas, nature
trails, public buildings,structures and other designated areas administered
by the Division.
|
|
16.3.1
|
Except
guide dogs accompanying blind and/or deaf persons, dogsand other domesticated
animals shall not be permitted upon orwithin any Division‑administered
swimming area, or swimming areabeach or surfboard/sailboard areas at anytime,
day or night, fromMay 1 through September 30 each year, 7 Del.C. §1715.
|
|
16.3.2
|
Leashes
are not required when lawfully hunting with a dog or whentraining dogs within
designated and authorized hunting and/or dogtraining areas.
|
|
16.3.3
|
In
areas where such animals are permitted, person(s) havingcustody of said
animal must keep it restrained on a leash not toexceed six (6) feet in length
and must be under proper control.
|
|
16.3.4
|
Areas
where such animals are permitted person(s) having custody ofsaid animal shall
not leave the pet unattended.
|
|
16.3.5
|
Any
person(s) with a dog or other domesticated animal or pet, thatcreates a
nuisance or disturbance, or who fails to properly controlsuch animals, may be
evicted without refund or reduction of fee.
|
|
16.3.6
|
Owners
or persons having custody of dogs or other domesticatedanimals shall be
responsible for clean up and removal of any fecesdeposited by the animal.
|
|
17.0
|
Conduct
|
|
17.1
|
Disorderly
conduct is unlawful and enforcement action may be takenagainst any person who
intentionally causes public inconvenience,annoyance, nuisance, or alarm to
any other person or who creates arisk thereof by:
|
|
17.1.1
|
Engaging
in fighting or in violent, tumultuous or threateningbehavior;
|
|
17.1.2
|
Making
an unreasonable noise or an offensively coarse utterance,gesture or display
or addressing abusive language to any personpresent;
|
|
17.1.3
|
Disturbing
any lawful assembly or meeting of persons without lawfulauthority;
|
|
17.1.4
|
Obstructing
vehicular or pedestrian traffic;
|
|
17.1.5
|
Congregating with other persons and
refusing to comply with alawful order of an enforcement officer to disperse;
|
|
17.1.6
|
Creating
a hazardous or physically offensive condition which servesno legitimate
purpose; or
|
|
17.1.7
|
Engaging
with at least one other person in a course of disorderlyconduct, which is
likely to cause substantial harm or seriousinconvenience, annoyance or alarm
and refuses or knowingly fails toobey an order to disperse made by an
enforcement officer to theparticipants.
|
|
17.2
|
No
person shall expose themselves in any manner which would beconsidered as
indecent exposure or perform any lewd act which theyknow is likely to be
observed by others who would be affronted oralarmed by such act or exposure
on lands or waters or in facilitiesadministered by the Division.
|
|
17.2.1
|
The
disposal of human body waste is prohibited except withindesignated facilities
provided for that purpose.
|
|
17.3
|
Gambling
is prohibited and no person shall bring into any areaadministered by the
Division, with the intention of engaging in agame of chance for money or
other valuables, any implement ordevice commonly used or intended for
gambling purposes.
|
|
17.4
|
Practicing,
playing or using equipment pertaining to archery or golfon lands administered
by the Division is prohibited except in thoseareas specifically designated
for such use.
|
|
17.5
|
The
playing of games on lands administered by the Divisioninvolving thrown
objects such as hardballs, frisbees, horseshoes,etc. shall be restricted to
such areas set aside for such activities.
|
|
17.6
|
While
on lands administered by the Division no person shall, without a valid
written permit, use any radio or other sound‑producing device or
article which, in any way, may annoy or disturb a reasonable person of normal
sensitivities.
|
|
17.7
|
While
on lands administered by the Division, no person shall at any time use a horn
other than as a reasonable warning signal or make any unnecessary or
unreasonable harsh sound by means of a horn or other amplified warning
devices.
|
|
17.8
|
Reasonable
quiet must be maintained at all times within all overnightfacilities,
particularly between the hours of 10 p.m. and 7 a.m.Unnecessary loud noises
or disturbances of any nature, which aredisturbing to others, shall be
prohibited.
|
|
18.0
|
Fires
|
|
18.1
|
No person shall kindle, build,
maintain or use a fire on lands administered by the Division, unless there is
written permission from the Director or their designee. Said fire shall be in
a designated area and confined within fireplaces, grills, fire rings or other
equipment designed for the purpose of containing cooking fires.
|
|
18.1.1
|
Any fire shall be under the care and
direction of a competent person from the time it is kindled until it is
extinguished
|
|
18.1.2
|
All fires must be properly
extinguished and the ashes, embers or coals disposed of in receptacles
provided for such purpose, so as to cause no danger whatsoever to persons,
structures, animals, plant life, or vehicles.
|
|
18.1.3
|
Fires shall be prohibited on
designated swimming/surfing beaches administered by the Division.
|
|
18.1.4
|
No fires larger than one necessary
for cooking purposes shall be permitted.
|
|
18.1.5
|
Fires of any type or the use or
possession of lanterns which use inflammable fuel, are not permitted on
fishing piers.
|
|
18.2
|
The possession, explosion or
discharge of any firecrackers, torpedoes, rockets or other fireworks or
explosives in areas administered by the Division is prohibited, except with
prior written permission of the Director.
|
|
18.3
|
No person shall leave fuel
containers open and/or unattended within boat launch areas, docks, piers or
bulkheads or on lands under the jurisdiction of the Division.
|
|
19.0
|
Property Violations
|
|
19.1
|
It
shall be unlawful to place, dump, deposit, throw or leave any garbage,
refuse, trash, cans, bottles or other debris of any kind within or upon any
public beach, lands or waters administered by the Division, except in
receptacles provided for such purpose.
|
|
19.1.1
|
No person shall bring into a
State Park from an area outside of the Park any garbage, refuse, waste,
rubbish or obnoxious materials for the purpose of disposing of such in park
litter receptacles.
|
|
19.2
|
Disposing or discharging of solid
waste on lands or waters under the jurisdiction of the Division is
prohibited. Violators may be charged under 7 Del.C. §6025(b).
|
|
19.3
|
Unless specifically authorized by
the Department for management, research or educational purposes, the cutting,
injuring or removal of trees, shrubs, wildflowers, ferns, mosses, or other
plants from lands administered by the Division is strictly prohibited.
|
|
19.4
|
Removal or defacing, damaging,
removing or altering of any structures, buildings, natural-land features or
other park property or equipment from the lands administered by the Division
is strictly prohibited.
|
|
19.5
|
The willful, harming, collecting, harassing
or possessing of wildlife, flora, or fauna on lands administered by the
Division is strictly prohibited.
|
|
19.6
|
Walking on, over or across a primary
dune administered by the Division, except at locations specified by the
Department or Division for such use, shall be prohibited.
|
|
19.7
|
Operating a motor vehicle in such a
manner as to cause willful, wanton or reckless damage to lands administered
by the Division, commonly known as "turfing", is prohibited and
shall be a violation of this Section.
|
|
19.8
|
Use of dedicated
state nature preserves shall be limited to posted trails and permitted
activities. Property violations are enforceable under these Rules and
Regulations and 7 Del.C. Ch.
73.
|
|
20.0
|
Multiple Use Trails
|
|
20.1
|
Bicycle riders shall yield to horseback
riders and/or hikers encountered on multiple use trails administered by the
Division. Bike riders shall come to a complete stop and allow horseback
riders and/or hikers to pass.
|
|
20.2
|
Horseback riders shall yield to
hikers encountered on multiple use trails administered by the Division. The
horseback rider shall stop and remain stopped until the hiker passes.
|
|
21.0
|
Public Assemblies, Meetings,
Distribution or Posting of Printed Matter
|
|
21.1
|
In order to maintain the
recreational nature of State Parks as a haven for the public from the rigors
of work and the commercial environment, and to promote the State's interest
in its concessions and sales to the public, no commercial advertising by the
distribution or posting of printed matter, other than by the State or its
concessionaires, shall be permitted in State Parks.
|
|
21.2
|
Public meetings, assemblies,
gatherings, demonstrations and/or the distribution or posting of printed
matter are allowed on lands administered by the Division provided a permit or
approval to do so has been issued by the Park Administrator or
Superintendent.
|
|
21.3
|
An application for such a permit
shall set forth the name of the applicant, the name of the organization (if
any), the date, time, duration and the number of persons expected to attend
or participate, the location of the proposed distribution or posting of
printed matter, and a statement designating the equipment and facilities to
be used in connection therewith. The application shall be submitted to the
Park Administrator or Superintendent at least 72 hours in advance of the
proposed event, distribution or posting.
|
|
21.4
|
Within 48 hours the Park
Administrator or Superintendent shall issue a permit unless:
|
|
21.4.1
|
A
prior application for a permit for the same time and location has been made,
which has been or will be granted; and the activities authorized by that
permit do not reasonably allow multiple occupancy of the particular area;
|
|
21.4.2
|
It appears that the event or the
distribution or posting of printed matter will present a clear and present
danger to the health or safety or park visitors and/or general public by
inciting riots or public disturbances, or by encouraging injury to others,
damage to property, or the violation of other people's civil rights; or
|
|
21.4.3
|
The event or the distribution or
posting is of such nature or duration that it cannot reasonably be
accommodated in the particular location applied for considering possible
damage to park resources or facilities, impairment of a protected area's
atmosphere of peace and tranquillity, interference with Park program
activities or impairment of public use facilities.
|
|
21.5
|
The Park Superintendent or
Administrator shall designate on a map, which shall be available in the Park
office, the locations available for public assemblies and/or distribution or
posting of printed matter. Locations may be designated as not available only
if such activity would:
|
|
21.5.1
|
cause
injury or damage to Park resources;
|
|
21.5.2
|
be
contrary to the purposes for which the natural, historic, development and
special use zones are maintained;
|
|
21.5.3
|
unreasonably interfere with
interpretive, visitor service or other program activities or with the
administrative function of the area; or
|
|
21.5.4
|
substantially impair the operation
of public use facilities or services of concessionaires or contractors.
|
|
21.6
|
The permit may contain such
conditions as are reasonably consistent with protection and use of the area
for the purposes for which it is maintained.
|
|
21.7
|
Persons engaged in the distribution
or posting of printed matter under this Section shall not obstruct or impede
pedestrians or vehicles, harass visitors with physical contact or verbal
demands, misrepresent the purposes or affiliations of those engaged in the
distribution or misrepresent whether the printed matter is available without
cost or donation.
|
|
21.8
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A permit may be revoked under any of
those conditions as listed in 21.5 of this Section which constitutes grounds
for denial of a permit, or for violation of the terms or conditions of the
permit, Park Regulations or Park Policies. Such a revocation shall be made in
writing with the reason(s) for revocation clearly set forth, except under
emergency circumstances, when an immediate verbal revocation or suspension
may be made, to be followed by a written confirmation.
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22.0
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Solicitations and Concessions
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22.1
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Vending of merchandise, services or
food upon lands administered by the Division is prohibited without the
express written approval of the Director.
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22.2
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No person shall solicit for money or
goods on any lands administered by the Division without the written
permission of the Director.
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22.3
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No person, group of persons, nor any
business or commercial entity shall utilize parks or their facilities for
business gain, whether for profit or otherwise, except those concessionaires
or groups who have followed procedures, met established requirements, paid
appropriate program charges and have been authorized by the Director.
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23.0
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Alcoholic Beverages and Drugs
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23.1
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The sale of alcoholic beverages without
a permit from the Division of Alcoholic Beverage Control and written
permission from the Director is prohibited on lands and waters administered
by the Division.
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23.2
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No person under the age of twenty‑one
(21) years shall possess or consume alcoholic beverages of any type. Any
person suspected of being in violation of this subsection, who fails to
provide sufficient identification to prove otherwise may, in addition to any
other action taken, be evicted without refund of any fee.
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23.3
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No person who is of legal age to
possess or consume alcoholic beverages shall sell, give or in any way provide
alcoholic beverages to a person under the age of twenty‑one (21) years.
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23.4
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No person under the influence of
alcohol, narcotics or any other drug, to the extent of being considered
publicly intoxicated, shall enter or remain upon or within lands or waters
administered by the Division.
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23.5
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The unlawful possession, use or
consumption of narcotics, drugs, drug substances or controlled substances
and/or drug paraphernalia as listed and defined in Title 16, Delaware Code is expressly
prohibited upon lands or waters or within facilities administered by the
Division.
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23.6
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Unless authorized by the Director
the possession, consumption, or public display of alcoholic beverages or
intoxicating liquors within or upon the following areas is prohibited:
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23.6.1
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Brandywine Creek State Park ‑‑ Prohibited in all areas.
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23.6.2
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Fort Delaware State Park ‑‑ Prohibited in all areas.
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23.6.3
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Wilmington
State Parks-Prohibited in all areas.
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24.6.4
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Fox
Point State Park-Prohibited in all areas.
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23.6.5
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Specific
Areas Within all State Parks ‑‑ All nature trails, nature
preserves, youth camps public restrooms, bath houses, parking facilities,
roadways, designated swimming areas, pools, surfboarding beach areas or other
areas designated by the Director.
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23.7
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No person shall operate or be in
actual physical control of any motorized vehicle, vessel, bicycle or other
means of conveyance while under the influence of alcohol or any drug.
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23.7.1
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Possession and/or use of any
alcoholic beverage and/or drugs while aboard Division rental vessels shall be
prohibited.
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23.8
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The bringing in of draft beer in
kegs or by a vehicle equipped to dispense draft beer shall not be permitted
upon lands administered by the Division without prior written permission from
the Director.
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24.0
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Hunting, Fishing and Wildlife
Management
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24.1
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No person shall hunt, pursue, trap,
shoot, injure, kill or molest in any way by gun, archery equipment or dog any
wild bird or animal on lands or waters administered by the Division, nor
shall any person have any such wild bird or animal in his possession;
provided however, that such wild bird or animal was not hunted, pursued,
trapped, injured or killed by gun, archery equipment or dog in areas
designated by the Division for hunting when such hunting is lawful.
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24.2
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Hunting may be permitted in certain
areas at times authorized by the Division. Hunting shall be in accordance
with State and Federal laws, rules and regulations.
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24.3
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It shall be unlawful to display,
possess or discharge firearms of any description, air rifles, B.B. guns,
sling shots or archery equipment upon any lands or waters administered by the
Division, except by those persons lawfully hunting in those areas specifically
designated for hunting by the Division, or except with prior written approval
of the Director.
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24.4
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A hunter registration card issued by
the Division in addition to a validDelaware hunting license, is required for
hunting on lands in administered by the Division which are open for hunting.
Hunting registration cards shall be issued by the Park Administrator or Park
Superintendent and shall be valid for the entire hunting season unless
revoked for violation of hunting laws, rules or regulations. All hunting
activities shall be regulated by the registration card and all card holders
shall abide by the conditions of the registration card. This hunting
registration card shall not be valid for deer hunting on any park where a
drawing is held for assignment of deer stands or hunting areas. A special
registartion card is required in areas that regulate deer hunting by lottery.
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24.4.1
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In areas where elevated deer stands
are provided, hunters must remain on their assigned stand during the shotgun
season. Archery deer hunters must stay within the area assigned to their
stand.
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24.4.2
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Trapping is prohibited except for
management purposes as authorized by the Director.
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24.4.3
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Raccoon hunting is restricted to
chase by dogs only, with firearms prohibited. Firearms are prohibited while
raccoon hunting.
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24.5
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Persons under the influence of
alcoholic beverages, liquors or drugs or possessing and/or consuming
alcoholic beverages, liquors or drugs shall not be permitted to hunt on
Division lands.
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24.6
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Fishing shall be permitted, in
accordance with the laws and regulations as set forth by the Division of Fish
and Wildlife. A fishing license is required for non‑tidal waters.
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24.6.1
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Fishing is not permitted in
designated swimming areas and surfboard areas during day‑use hours.
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24.7
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The disturbance of nesting or
interference with the raising of young of wildlife, including amphibians,
reptiles, birds or mammals on any lands or waters administered by the
Division is prohibited.
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24.7.1
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The heronry at Pea Patch Island Nature
Preserve shall be closed to the public year round. Entry without specific
prior written authorization by the Division Director is prohibited.
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24.8
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No person, pet or vehicle shall be
permitted to enter an area designated and posted by the Division as a
bird-nesting/breeding area.
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24.9
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It shall be prohibited for any
person to bring in or otherwise introduce any species of domestic or wild
animal onto lands administered by the Division.
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25.0
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Rates, Fees and Charges
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25.1
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No person shall use or gain admittance
to, or attempt to use or gain admittance to, any area or facilities for which
a rate, fee or charge is made by the Division or Department unless he pays
the rate, fee or charge established by said Division or Department.
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25.2
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The purchase or resale of a daily
entrance fee ticket, except through an authorized Division agent, is
prohibited.
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25.3
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The use or attempt to use any
altered daily entrance fee ticket is prohibited.
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25.4
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The vehicle permit for entering a
State Park shall be affixed to a conspicuous place on the vehicle as
designated by the Division. Adhesive backing on the permit shall be used to
attach the permit to the vehicle. Use of any other material or device to
attach the permit shall be prohibited.
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26.0
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Facility Rentals and Special Events
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26.1
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No person shall make use of or
attempt to make use of any State Park pavilion or other facility which has
been reserved, unless they are a member of the family or group reserving the
pavilion or facility.
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26.2
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No person, group or organization
shall schedule, hold or conduct an activity or event which requires special
arrangements, considerations and/or planning by the staff unless a written
request is submitted to the Director or their designee for approval at least
7 days prior to the activity or event. Additional costs may be charged for
special arrangements, considerations and/or planning may include but not be
limited to traffic and crowd control, parking, special equipment use, and the
use of facilities for activities other than their intended purposes.
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27.0
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Enforcement Powers
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27.1
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In accordance with the provision set
forth in 7 Del.C. §4701(a)(8), the Division may employ personnel who
shall have all the powers of investigation, detention and arrest, conferred
by law on peace officers, sheriffs, or constables for the enforcement of the
Division Rules and Regulations.
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27.2
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Powers, duties and functions of law
enforcement officers of the Department of Natural Resources and
Environmental Control:
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27.2.1
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In accordance with 29 Del.C. §8003(a), law enforcement officers of the
Department of Natural Resources and Environmental Control shall see to the
enforcement of all laws, regulations, rules, permits, licenses, orders and
program requirements of the Department of Natural Resources and Environmental
Control.
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27.2.2
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Law enforcement officers of the
Department of Natural Resources and Environmental Control shall have police
powers similar to those of sherriffs, constables, peace officers and other
police officers when enforcing the laws, rules, regulations, permits,
licenses, orders and program requirements of the Department of Natural
Resources and Environmental Control. Such police powers shall include, but
not be limited to, powers of investigation, search, seizure, detention and
arrest conferred by law on sherriffs, constables, peace officers and other
police officers.
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27.2.3
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Law enforcement officers of the
Department of Natural Resources and Environmental Control shall have the
authority to serve and return summonses, subpoenas and warrants.
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27.3
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Each employee vested with the
enforcement responsibility as authorized in paragraphs a and b shall be
required to show proper identification as issued by the Department of Natural
Resources and Environmental Control or other county or state law enforcement
agencies.
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27.4
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No person shall willfully fail or
refuse to comply with any lawful order or direction of any Enforcement
Officer on lands or waters administered by the Division.
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27.5
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Anyone interfering with enforcement
personnel during the performance of their duty in enforcing these regulations
shall be cited for "interfering with enforcement personnel in the
performance of his or her duty".
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28.0
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Penalty and Court Powers
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28.1
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In accordance with the provisions
set forth in the 7 Del.C. §4702(a), whoever violates the Rules and Regulations
promulgated by the Department of Natural Resources and Environmental Control,
Division of Parks and Recreation, shall be fined not less than $25.0 0
nor more than $250.0 0 and costs for each offense or imprisoned not more
than thirty (30) days or both. For each subsequent like offense, he/she shall
be fined not less than $50.0 0 nor more than $500.0 0. In addition to
such fines, costs or imprisonment, any person who is convicted of any
violation involving the damage, destruction or removal of property owned or
administered by the State shall be required to make restitution to the
Department for replacement or restoration of such property. Furthermore, in
lieu of or in addition to the aforesaid penalties, the court may order
violators convicted of violations involving the damage, destruction or
removal of State Park property to perform work projects in State Parks.
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28.2
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Justices of the Peace shall
severally throughout the State have jurisdiction of violations of the Rules
and Regulations of the Department of Natural Resources and Environmental
Control, Division of Parks and Recreation, with the condition that any person
arrested for such violation be taken before the closest available magistrate
in the county where such violation is alleged to have occurred. An arresting
officer may issue a summons to any person arrested for any violation of these
Rules and Regulations and have said person appear at a subsequent date at the
Justice of the Peace Court which is the nearest available Justice of the
Peace to the place of arrest during the regularly scheduled hours of said
court. For the purposes of this Section, the summons for later appearance
shall be sufficient to grant jurisdiction over the offense to the said
nearest available Justice of the Peace. A Justice of the Peace is available
when he is at his office or court.
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28.3
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Failure
to answer any summons issued for violations of these Rules and Regulations
shall result in an additional charge of Failure to Answer Summons.
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28.4
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Nothing
contained herein shall preclude an action being brought in a court of equity
for injunctive or other relief.
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