[Adopted 2-20-1987 by Ord. No. 184 (Ch.
175, Art. IX, of the 1992 Code)]
A.
The Town Council has determined that at various times,
particularly during the late spring and summer, the occupants or users
of some dwelling units in the Town of Bethany Beach use those dwelling
units for the purpose of engaging in disorderly and disruptive conduct,
loud and disturbing noises, public intoxication and other violent
and tumultuous behavior. The Town Council has also determined that
a number of persons in legal possession of dwelling units in the Town
of Bethany Beach are engaging in the practice of allowing such dwelling
units, designed for occupancy by essentially single families, to be
occupied or used by groups of persons, frequently but not necessarily
comprised of minors with insufficient adult supervision. The Town
Council has further determined that these practices encourage incidents
of disorderly conduct, loud and disturbing noises, public intoxication,
violent and tumultuous behavior, disturbing the peace and other similar
acts which are detrimental to the public health, safety, peace and
welfare of the Town.
B.
The Town Council has further determined that the persons
entitled to lawful possession of such premises who fail to take appropriate
measures to prevent recurrences of such incidents after due notice
of previous disturbances by persons occupying or using the premises
must be held responsible for allowing such conduct to occur on those
premises.
C.
It is, therefore, declared to be the purpose and intent
of this article to prohibit the use of dwelling units in the Town
of Bethany Beach for disorderly and other disruptive conduct by imposing
civil penalties not only upon the occupants and/or users of such premises
but also by imposing civil penalties on those persons in possession
of any premises in the Town who, after notice of a previous conviction
for conduct proscribed by this article, fail to take appropriate actions
to prevent a subsequent violation.
As used in this article, the following terms
shall have the meanings indicated:
Any dwelling unit (attached or detached) or any apartment or commercial lodging room located within the Town of Bethany Beach, the occupants, users or persons in lawful possession of which engage in any of the conduct proscribed by § 282-13 of this article. As used in this article, "dwelling unit" shall include not only the structure itself but also the lands and ways, if any, under control of the person(s) in lawful possession.
Any person(s) occupying or present on a premises.
Any person, firm, partnership, association or corporation
(or any combination thereof) having legal possession of any premises
in the Town of Bethany Beach. The "person(s) entitled to legal possession"
shall mean the owner in fee or of a life estate if the property is
not under lease, or the ultimate lessee or sublessee if the property
is under lease.
A dwelling unit, apartment or commercial lodging room, together
with the lands and ways, if any, under the control of the person(s)
in possession.
Any person occupying or present on a premises
who by himself or in concert with other occupants and/or users causes
public inconvenience, annoyance or alarm to any other person or persons
or who creates an unreasonable risk thereof by engaging in or causing
any of the following conduct shall be violating this article:
A.
Engaging in fighting or in violent, tumultuous or
threatening behavior.
B.
Making, creating or permitting any unreasonably loud,
disturbing and unnecessary noise or making, creating or permitting
any noise of such character, intensity or duration as to be detrimental
to the life, health and welfare of any person or which disturbs, injures
or endangers the comfort, repose, peace or safety of any individual.
By way of example and not in limitation, the following shall be deemed
to be unreasonably loud, disturbing and unnecessary noises:
(1)
Playing any radio, phonograph, tape deck or musical
instrument in such a manner or at such a volume, particularly between
the hours of 9:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet,
comfort or repose of any person in any other dwelling unit, apartment
or commercial lodging room.
(2)
The blowing of any horn, whistle or signal device,
except as a danger signal, for an unreasonable and unnecessary period
of time.
(3)
Yelling, shouting or singing at such volume as to
be plainly and disturbingly audible to the human ear outside the premises.
C.
Making any offensive, coarse, obscene or profane utterance,
gesture or display to another person or persons in such a manner as
is likely to provoke a violent or disorderly response.
D.
Obstructing or hindering the free and convenient passage
of persons walking, riding or driving over, along or across any public
way, sidewalk, pavement, street or alley, including the boardwalk.
E.
Engaging in any act of indecent exposure or public
display of an obscene act or gesture.
F.
Urinating in public view.
A.
Any person(s) entitled to lawful possession who, after
notice as herein provided, allows, permits or fails to take affirmative
action to prevent repeated violations of this article shall be deemed
to be promoting the use of a dwelling unit for disorderly or other
disruptive conduct in violation of this article.
B.
A person(s) in lawful possession shall be presumed to have allowed, permitted or failed to take affirmative action to prevent repeated violations of this article where a violation of § 282-13 of this article occurs after such person entitled to lawful possession has, within the past three months, previously been provided actual notice by the Bethany Beach Police Department of a previous conviction for conduct proscribed by § 282-13 of this article.
C.
"Actual notice," as used in Subsection B, shall mean verbal or written notice to one or more of the person(s) entitled to legal possession. If written notice is attempted, it shall be deemed effective by mailing a written notice thereof to the person entitled to lawful possession at his or her last known mailing address by certified mail, return receipt requested, with proper postage affixed. If such notice comes back undelivered (except refused), the Town shall exercise reasonable efforts to provide actual notice by some other means.
