City of Rehoboth Beach, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 6-16-2008 by Ord. No. 0608-01. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 88.
Beaches — See Ch. 95.
Fishing and boating — See Ch. 155.
Peace and good order — See Ch. 198.
Solid waste — See Ch. 227.
The provisions of this chapter shall apply to all violations of any provision of the Municipal Code of The City of Rehoboth Beach that has been declared a civil offense provision by reference to this chapter.
A. 
Any police officer is authorized to make an administrative stop for purposes of enforcing any provision of the Municipal Code of The City of Rehoboth Beach that has been designated as a civil offense provision, upon a reasonable and articulable suspicion that a violation of such provision of the Municipal Code of the City of Rehoboth Beach has occurred.
B. 
Any police officer is authorized to issue a citation to any person violating any provision of the Municipal Code of the City of Rehoboth Beach that is designated as a civil offense provision.
C. 
Any citation issued pursuant to this chapter may be delivered in person, left at the person's last known address or place of business, or sent by U.S. Mail to the person's last known address or place of business.
A. 
Separate civil and criminal proceedings may be instituted where both civil and criminal offenses occur in the same incident.
B. 
Any violation designated a civil offense shall not be prosecutable as a criminal offense.
A. 
Any person responsible for committing a civil offense shall, within 15 days of the receipt of a citation issued pursuant to this chapter:
(1) 
Pay a voluntary assessment of $25, or such amount as specified in the provision of the Municipal Code of the City of Rehoboth Beach violated; or
(2) 
Request a hearing before the City's Alderman's Court or any other court of competent jurisdiction by returning a copy of the citation containing the mark "Hearing Requested" or such similar designation to the City of Rehoboth Beach at the location identified on the citation, which must be delivered to the City of Rehoboth Beach within 15 days of the person's receipt of the citation.
B. 
If a hearing is requested, the action shall be prosecuted and service of process shall be effected pursuant to the procedures and rules of the court where the action is filed.
C. 
Any person adjudged guilty in Alderman's Court shall pay court costs of $50 in addition to the amount in Subsection A of this section.
D. 
Any person responsible for committing a civil offense who within 15 days of the receipt of a citation issued pursuant to this chapter has neither paid a voluntary assessment nor requested a court hearing shall be responsible for paying a civil assessment of $50, or such amount as specified in the provision of the Municipal Code of the City of Rehoboth Beach violated, and the City may proceed to collect the same as it would any other obligation due the City.
This chapter shall not be deemed to impair or limit the rights of The City of Rehoboth Beach to seek full restitution and pursue any and all legal and equitable remedies against any person for any harm suffered by the City of Rehoboth Beach.