Full Notification

Wilmington Police have charged a New Castle man and recovered an off-highway vehicle.
 
On August 11 at approximately 4:52 p.m., police officers were conducting an investigation into the illegal operation of off-highway vehicles in the area of the 2200 block of West 4th Street. Police recovered an off-highway vehicle that had been reported stolen.
 
Allen Lister, 28, of New Castle, fled from officers on foot but was located a short time later and was taken into custody. He has been charged with multiple offenses related to the off-highway vehicle, as well as the following:

• Receiving Stolen Property (Over $1,500)
• Resisting Arrest

He was arraigned in Justice of the Peace Court 11 and was released after posting $9,900 secured bail.
 
The public is reminded that operating an off-highway vehicle on a city street or sidewalk – or in a city park – is a violation of both the Wilmington City Code and the Delaware Criminal Code, and can result in significant fines. We would also like to remind the public that any off-highway vehicles possessed within the City of Wilmington must be registered through the Division of Motor Vehicles and must always have an immobilization device, such as a wheel lock, in place at all times.

Police ask members of the public who have information about any illegal activity involving these off-highway vehicles – including where they are being operated or stored – to contact Cpl. Keith Johnson of the Special Operations Division Traffic Unit at (302) 571-4415 or [email protected].

You can also contact the Wilmington Police Department at (302) 654-5151, or call the department’s crime tip hotline at (302) 576-3990. Callers can remain anonymous.

State law defines “off-highway vehicles” as including dirt bikes and ATVs, and registration with the State is required.

On July 12, 2018, City Council passed Ordinance 18-040 (https://library.municode.com/de/wilmington/ordinances/code_of_ordinances?nodeId=901246), which adopted the State’s definition and set forth further regulations, which are excerpted here:

2. Use and possession.
   1. Driving or riding vehicle.
      1. Pursuant to 21 Del. C. § 6814(a), no person may drive or ride any OHV on any public street, sidewalk, or right-of-way that is located in the city or, wherever located, that is owned or regulated by the city.
      2. Pursuant to 21 Del. C. § 6821(a), no person may drive or ride an OHV on public or private property without express permission of the owner of the property.
   2. Possessing unregistered vehicle. No person may own, control, possess, or have custody of any OHV that is not registered with the state pursuant to 21 Del. C. § 6801.
   3. Possessing mobilized vehicle. No person may own, control, possess, or have custody of any OHV in the city, while the OHV is not being used in accordance with state law, unless the vehicle is securely locked or otherwise immobilized by a wheel clamp or other object, device, method, or mechanism, whether attached to the vehicle or not, that:
      1. Prevents the vehicle from being freely moved; and
      2. Cannot be removed or deactivated without the assistance of the vehicle's owner.

The City ordinance also set forth penalties for violations of those provisions:

3. Penalties.
   1. Civil penalty. Any person who violates any provision of this section is subject to a civil fine of $2,000.00 in addition to any other penalty issued pursuant to this chapter.
      1. Any owner to whom a penalty is issued may, within 48 hours of being fined, agree to forfeit the vehicle in lieu of contesting the violation and in lieu of any other fines or penalties.
      2. It should be considered a mitigating factor during judicial proceedings if an individual charged under this Section, and who has contested such charge, can provide proof that, after the time of a violation, the vehicle in question has since been properly registered and an appropriate immobilization device and transportation mechanism have been secured in order to ensure future compliance with this section.
   2. Confiscate. In addition to any civil fines a police officer may issue pursuant to this section, whenever a police officer has probable cause to believe that an OHV is being used in violation of this section and either the OHV is not registered or the OHV does not bear a valid registration decal pursuant to state law, the officer may confiscate the OHV, whereupon the police department shall comply with the provisions of this chapter.

The Wilmington Police Department will continue to enforce this ordinance, along with all relevant State laws governing off-highway vehicles and motor vehicles generally.