Delaware State News

FELTON — Anyone traveling south on U.S. 13 just north of Felton will notice a large pink sign that says "Speed Trap Ahead."

The sign sits in the front yard of Kurte E. Healy, who lives at 10762 S. Dupont Highway. He erected it after being ticketed for an expired registration, just a short distance from his home.

Recently, Delaware’s Department of Transportation sent Mr. Healy a letter notifying him that the sign is not approved by DelDOT and must be removed.

The speed limit on U.S. 13 drops from 55 mph to 45 mph just after Mr. Healy’s house as drivers approach the town. Felton police will often lie in wait there and catch speeders, Mr. Healy said.

"I’m just trying to slow people down ahead of time before they get to town," Mr. Healy said. "I’m saving them from having to pay a big fine they haven’t budgeted for."

Mr. Healy asked DelDOT officials if he could get approval for the sign, but he was told it would never pass. He planned on leaving the sign up for 111 days, correlating with the $111 fine he received.

"I could see $40-$50 for not getting to the Division of Motor Vehicle on time, but $111?" he said. "That’s ridiculous."

Mr. Healy said he received several phone calls from people telling him the sign was a great idea and that he shouldn’t take it down. They told him the only problem was that they couldn’t see the sign at night, he said.

Mr. Healy was given a citation by Felton Police Chief Levi E. Brown on Nov. 2 for having tags that expired in July. He was pulled over by the Felton Little League building near Lake Forest North Elementary School.

"Sure enough, the next day, the sign went up," Chief Brown said.

The police department received a number of calls about the sign from curious townspeople, prompting Sgt. Christopher R. Swan, of the Felton Police Department, to look into the matter. He contacted DelDOT after discovering the sign was in violation of state code.

Under title 21 of state code, "The Department of Transportation may erect and maintain all appropriate signals, lights or any other type of sign on private property over which the Department of Safety and Homeland Security has assumed jurisdiction."

The law also states, "Nothing in this section shall be construed to prohibit the erection and maintenance of signs and signals by private owners of the real property, so long as such signs and signals are for the safety and convenience of the public and are approved by the Department of Transportation."

Mr. Healy’s sign may not be approved by the department, but he argues that it is intended for the safety and convenience of the public.

The sign has not caused any change in the number of tickets issued, Chief Brown said. In November 2007, the police department issued 493 tickets, he said. Last month it issued 503 tickets.

"Just the other day, I pulled a woman over that was going 87 mph," Chief Brown said. "I asked her if she saw the sign about the speed trap."

"What sign?" the woman said.

Sgt. Swan said he requested that DelDOT take action for Mr. Healy’s own good.

"If someone were to look at the sign and get into an accident, he could be held liable," Sgt. Swan said. "He could get sued and lose his house."

DelDOT spokesman Darrel Cole said the public should not be in the business of warning drivers of road conditions or speed traps. Having a sign like that is just "irresponsible," he said.

In the letter Mr. Healy received, he was told he has until Wednesday to take down the sign or DelDOT will remove it for him.

"I think I’ll just let them remove it," Mr. Healy said.