[HISTORY: Adopted by the Commissioners of
the City of Rehoboth Beach 6-16-2008 by Ord. No. 0608-01. Amendments noted
where applicable.]
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.
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.
