[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 2-18-1983 by Ord. No. 111 (Ch. 30 of the 1992 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Ordinances — See Charter § 6.8.2.
No existing ordinance shall hereafter be amended
or repealed, except by an ordinance specifically amending or repealing
the existing ordinance. The adoption of such an ordinance repealing
or amending an existing ordinance shall be dealt with as the adoption
of a new ordinance, except where otherwise stated herein.
[Amended 1-17-1986 by Ord. No. 165; 9-18-1992 by Ord. No.
279]
Ordinances may be prepared by the Town Solicitor,
by the Town Manager or by or for any member of Town Council (hereinafter
called "Council"), but no ordinance shall be presented for final passage
until reviewed by the Town Solicitor as to form and legality and by
the Town Manager for administration where there are substantial matters
of administration involved.
A proposed ordinance must be introduced and
sponsored by a member of the Council.
[Amended 7-20-1984 by Ord. No. 137; 1-17-1986 by Ord. No.
165]
A.
Except as provided under § 45-5, Suspension of rules, no ordinance shall be adopted by the Council on the same day it is introduced, and all ordinances shall have two separate readings before passage.
B.
The first reading shall consist of the introduction of the ordinance by its sponsor during a regular meeting of the Council at which a quorum is present. The ordinance shall be read by title and synopsis only unless a reading of the body of the ordinance is requested by the majority vote of the Town Council. Following the introduction of an ordinance by its sponsor, the Town Council may engage in full discussion or debate concerning the merits of the ordinance, but no vote shall be taken thereon except under § 45-5 hereof, Suspension of rules. At or before the first reading, a written copy of the proposed ordinance shall be distributed to each member of the Council, the Town Solicitor and the Town Manager. Whenever reasonably possible, a rough draft of the proposed ordinance shall be provided to the Town Council, the Town Manager and the Town Solicitor at least one week before the first reading.
[Amended 12-11-1987 by Ord. No. 196]
C.
Immediately following the first reading, the proposed
ordinance may but need not be referred to either an ad-hoc committee
or to a workshop meeting of the Council, where the Council shall serve
as a committee of the whole. Such decision shall be made by the Mayor
with approval of a majority of the Council. The title of the ordinance
shall be published in the issue of a newspaper of general circulation
in the Town next following the date of the first reading and shall
also be posted in the Town Hall. Copies of the proposed ordinance
shall be made available to the public upon request at the Town Manager's
office.
[Amended 10-15-2010 by Ord. No. 458]
D.
If referred to an ad-hoc committee or to a committee
of the whole, such committee may take such action as it deems appropriate
in order to make a recommendation to the Council, including but not
limited to advertising, holding public hearings or holding workshop
discussions.
[Amended 10-15-2010 by Ord. No. 458]
E.
If referred to an ad-hoc committee or committee of
the whole, such committee shall report back to the Council at a regular
meeting at which a quorum is present within three months of the first
reading (if an earlier time shall not have been appointed). At such
time, the ordinance may be presented for a second and final reading.
If not having been referred to an ad-hoc committee or committee of
the whole, a proposed ordinance may be presented for a second and
final reading at any regular meeting at which a quorum is present
held within three months of the first reading. At such second reading,
further discussion by the Council and public comment may be had and
any final amendments shall be in order, provided that they fairly
fall within the title and subject of the ordinance as first introduced.
The Council shall make a final vote on the proposed ordinance, in
its final form, at the meeting during which it was presented for the
second and final reading. If a proposed ordinance is not presented
for a second and final reading within three months of its first reading,
it shall expire and cease to have any force or effect as if it had
never been introduced.
[Amended 10-15-2010 by Ord. No. 458]
F.
No action on any proposed ordinance shall be taken
unless posted on the agenda of the meeting in accordance with the
Delaware Freedom of Information Act.
[Amended 1-17-1986 by Ord. No. 165]
Whenever it becomes desirable to adopt or amend a particular ordinance in less than two readings, the procedure set forth in § 45-4 hereof may be suspended by the affirmative vote of at least five Council members, provided that the reason for suspending the rules shall be publicly stated and recorded in the minutes. In such case, the ordinance in question may be enacted at the same meeting at which it was introduced.
A.
Each new ordinance shall contain the following:
(1)
The number of the ordinance.
(2)
The title, which shall clearly express the subject
of the ordinance. No ordinance shall relate to more than one subject.
(3)
An enacting clause, stating that the ordinance has
been duly adopted by a majority of a quorum of the Council.
(4)
The body of the ordinance.
(5)
The penalty, if any.
(6)
The effective date.
A.
Upon the adoption of any ordinance, the Mayor and
Secretary of the Council shall sign one copy of the ordinance (dated
as of its adoption) to authenticate that document as a true and correct
record of the action taken by the Council.
B.
The Town Manager shall maintain a file of all ordinances
passed, repealed or amended by the Council, which shall be organized
according to title and ordinance number. The original signed copy
of the ordinance shall be placed in this file and shall be an official
record of the action taken by the Council.
C.
Except for valid emergencies, no penal ordinance nor
any amendment to a penal ordinance shall be enforceable until the
title and synopsis of the ordinance, the date of adoption and the
effective date have been published in a newspaper having a general
circulation in the Town and a copy of the ordinance has been posted
at the Town Hall for seven days from the date of its adoption.
[Amended 5-15-1987 by Ord. No. 187]
[Amended 3-20-1987 by Ord. No. 185; 6-18-2010 by Ord. No. 457]
Notwithstanding any other provision in this chapter to the contrary, this chapter shall have no application to adopting, amending or repealing Chapter 425, Zoning, or the Town Zoning Map. (See §§ 425-109 and 425-110 for adopting, amending or repealing ordinances in Chapter 425, Zoning, or the Town Zoning Map.) and/or any action adopting, amending or repealing Chapter 410, Subdivision of Land. (See §§ 410-48 and 410-49 for actions that involve adopting, amending or repealing sections and/or parts of Chapter 410, Subdivision of Land.)
[Added 6-18-1999 by Ord. No. 339]
The purpose of this chapter is to provide an
orderly procedure for the internal convenience and benefit of the
Town Council in adopting, amending or repealing ordinances. Substantial
compliance with this chapter shall be sufficient. The failure of the
Town Council to strictly comply with any or all of the provisions
of this chapter shall not invalidate any ordinance adopted by the
Town Council that is otherwise in compliance with the provisions of
the Town Charter, nor shall any such noncompliance give any citizen,
other than a member of the Town Council, any right or standing to
object to the Council's failure to strictly comply with the terms
and provisions of this chapter.
