Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[Adopted 3-5-1984 (Ch. 1 of the prior Code)]
In the construction of this Code the following rules of construction and definitions shall be observed unless inconsistent with the manifest intent of the Council or the context of the Code clearly requires a different construction or definition.
ADMINISTRATIVE REGULATIONS
Written orders which are issued by the Mayor of the Town and compiled in a manual.
AND/OR
May read as either the term "and" or the term "or" as the sense requires it.
BOND
An obligation in writing, binding with the signator to pay a sum certain upon the happening or failure of an event.
BUILDING
Any structure intended to have walls and a roof.
BUSINESS
Any profession, trade, occupation or any other commercial enterprise conducted for monetary reward.
CHARTER
The Charter of the Town of Milton.
CLERK
Town Clerk.
COUNCIL
The governing body of the Town, the Town Council.
COUNTY
Sussex County, Delaware.
DEFINITIONS
Given within a chapter or article, other than Chapter 1, Article I, of this Code, are controlling as to words or phrases used in such chapter or article, but can be used for guidance in ascertaining Council's meaning when used in another chapter or article.
DESIGNEES
Following reference to an official of the Town, means the authorized agent, employee or representative of such official.
DIRECTOR
The chief executive officer of the office department to which the particular division, bureau, board, agency subordinate municipal administrative body has been assigned by the Council.
GENDER
Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
HEALTH OFFICE
The chairman of the Board of Health or any person designated by the Council to perform the Town health functions and duties.
JOINT AUTHORITY
That authority given to more than one person or officer. Such authority vests in a majority of such persons or officers.
KEEPERS
One in possession of or who has the care, custody or superintendence of a thing, place or business, whether or not the owner or proprietor, and includes any person, firm association, corporation, club and partnership whether acting by themselves or by a servant, agent or employee.
MAY
The word “may” creates permissive and discretionary duty or authority.
MAYOR
The Mayor of the Town.
MONTH
A calendar month.
NUMBER
Words used in the singular include the plural, and the plural includes the singular unless the context clearly indicates otherwise.
OATH
Any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.
OCCUPANT
Tenant or person in actual possession.
OPERATE
Carry on, keep, conduct, maintain, manage, direct or superintend.
ORDINANCES
The ordinances of the Town of Milton, Delaware and all amendments and supplements thereto.
OWNER
One who has dominion or title over particular property; and is the one in whom a legal or equitable title interest rests, when applied to a building, land, fixtures or real improvements thereon. Owner includes but is not limited to any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, tenant by the entirety or joint tenant of the whole or part of such building or land.
PERSON
Any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization; or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor administrator, trustee, receiver; or other entity acting in a representative capacity and appointed according to law.
PERSONAL PROPERTY
Any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property. Included in such definition are all items designated as "goods" in Chapter 2, Title 6 of the Delaware Code, the Uniform Commercial Code.
PRECEDING AND FOLLOWING
Before and next after, respectively.
PROPRIETOR
An owner of the property or premises, including any person, firm, association, corporation, club, partnership or other group acting as a unit whether acting by themselves or by a servant, agent or employee.
PUBLIC PLACE
Any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, as well as open space adjacent thereto; or any place commonly open to the public.
REAL PROPERTY
Land, together with all things attached to the land so as to become a part thereof.
SHALL
The word “shall” is mandatory.
SIDEWALK
That portion of property, near or adjacent to the curbline or margin of a street, which is designed, constructed and intended for the use of pedestrians to the primary exclusion of vehicles.
SIGNATURE and SUBSCRIPTIONS
The name of a person, mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.
STATE
The State of Delaware.
STATUTES or REVISED STATUTES
The latest published edition of the Statutes or Revised Statutes of Delaware, as may be amended, supplemented or codified.
STREET
All streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, ducts built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in this Town, over which it has jurisdiction which have been or may thereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
TENANT
Any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others, and includes such persons designated as a "tenant" in Title 25 (Property), Chapter 51[1] of the Delaware Code.[2]
TENSE
Words used in the past or present tense include the future, past and present, where applicable, unless the context clearly indicates otherwise.
TIME
An hour of the day according to the official time of the Town.
TIME OF PERFORMANCE
The time within which an act is to be done as provided in any section or any order issued pursuant to a section. When expressed in days, it is computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, that day shall not be counted in the computation. When the time is expressed in hours, the whole of Sunday or a legal holiday from midnight is excluded.
TOWN
The Town of Milton, in the County of Sussex and the State of Delaware.
TOWN LIMITS
Within the Town and includes not only the corporate limits of the Town, but also any property which it owns or which is under its jurisdiction.
TREASURER
The Town Treasurer.
WATERCOURSE
Any drain, ditch, river, pond, lake or stream flowing in a definite direction or course in a bed with banks.
WEEK
Seven consecutive calendar days.
WORDS and PHRASES
Shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.
WRITING and WRITTEN
Any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
YEAR
A calendar year.
[1]
Editor's Note: See 25 Del. C. § 5141.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
This Code is a revision and codification of the general ordinances of the Town of Milton, Delaware which has been enacted and published in accordance with the authority granted and codification of the general ordinances of the Town of Milton, Delaware which has been enacted and published in accordance with the authority granted in Section 29, Subparagraph 39, 76 Del. Laws, c. 201.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Charter Reference: As to power of Town to compile and print ordinances, see Section 29, Subpagraph 39, of the Town Charter, as adopted March 26, 2008.
This Code shall refer only to the commission or commission of acts within the territorial limits of the Town of Milton and to that territory outside this Town over which the Town has jurisdiction or control by virtue of any constitutional or Charter provisions, or any other law.[1]
[1]
Charter Reference: As to territorial limits of Town, see Section 2 of the Town Charter (Territorial Limits of the Town of Milton).
Any printed copy of this Code or printed supplement thereto, or portion of such Code or supplement published and certified according to law, shall be received into evidence in any court for the purpose of proving any Charter or ordinance provision therein contained with like effect and for the same purpose as the original ordinances, minutes or journals would be received.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by an authorized deputy or designee or by any person authorized pursuant to law or ordinances, unless this Code expressly provides otherwise.
A. 
No ordinance or amendment or repeal of any section hereof shall be operative, in full force and effect, until it has been adopted in the manner prescribed by law and until it has been published.
B. 
Publication shall be sufficient if made in a newspaper published or in general circulation in the Town, or if made in book, loose leaf or pamphlet form, available for inspection by the public in the Town Hall during normal business hours of such office.
A. 
If the provisions of different chapter, articles, divisions or sections of this Code conflict with or contravene each other, the provisions of each chapter, article, division or section shall prevail as to all matters and questions growing out of the subject matter of that chapter, article, division or section.
B. 
If clearly conflicting provisions are found in different sections of the same chapter, the provisions of the section last enacted shall prevail unless the construction is inconsistent with the meaning of that chapter.
C. 
Where any conflict exists between a chapter, article, division or section of this Code and any chapter or section of the Town Charter or State Code, the latter shall prevail.
All designations and headings of chapters, articles, divisions and sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles, divisions or sections, whether printed in boldface type or italics. They shall not be deemed or taken to be any part or title of such chapters, articles, divisions or sections; nor unless expressly so provided, shall they be so deemed upon amendment or reenactment; nor shall they be construed to govern, limit, modify, alter or in any other manner affect the scope, meaning or intent of any of the provisions of this Code.
Each day any violation of this Code occurs or continues to exist shall constitute a separate offense.
Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
The official time within the Town for the transaction of all Town business shall be Eastern Standard Time or Eastern Daylight Saving Time, whichever is the prevailing time in the Town.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Federal Law Reference: As to the Emergency Daylight Savings Time Act, see P.L. 93-192, 87 Stat. 707, 12-15-1973.
All notices are to be written and in the English language. All notices, reports, statements, applications or records required or authorized by this Code shall be made in writing in the English language unless specifically provided otherwise.
A. 
Unless otherwise specifically provided, whenever a notice is required to be given pursuant to any section of this Code such notice shall be given either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to the person to be notified at his last known business or residence address as it appears in the public record or other records pertaining to the matter for which such notice is served, or by any other method of delivery approved by law. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States mailbox.
B. 
Proof of giving any notice may be made by the certificate of any officer or employee of this Town or by affidavit of any person over the age of 18 years who actually accomplished personal service in conformity with this Code or other provisions of law applicable to the subject matter concerned; or by return receipt signed, refused or unclaimed by the recipient notified by United States mail.
A. 
All records, buildings, and premises subject to inspection under this Code shall be inspected from time to time by the designated officer of the Town or his designee.
B. 
All records, rooms and areas of a building or premises shall be available and accessible for such inspection which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, the inspections may be made at other times if:
(1) 
The premises are not available during the foregoing hours for inspection:
(2) 
There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or
(3) 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
C. 
Emergency inspections may be authorized without warrant if the Director of Public Affairs and Safety, Chief of Police or Mayor has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only when the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
D. 
Where the Director of Public Affairs and Safety, Chief of Police or Mayor or his/her designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant, or operator from conducting an inspection of the premises, such person shall be in violation of this article and subject to the penalties hereunder.
[1]
Decisional Law Reference: As to inspection of private residence, see Camara v. Municipal Court of San Francisco, 387 U.S. 523 1967; as to commercial buildings, see See v. City of Seattle, 387 U.S. 541 1967; as to emergency inspections see Patrick v. State, 227 A.2d 486 1967.
A. 
Any officer designated by the Town to inspect a premises may, upon affidavit, apply to a judge of competent jurisdiction for a search warrant setting forth the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code may exist, including one or more of the following:
(1) 
That the premises or records require inspection according to the cycle established by the inspecting officer of Council for periodic inspections of records, buildings or premises of the type involved.
(2) 
That observation of external conditions of the premises or its public areas has resulted in a reasonable belief that violations of this Code exists.
B. 
If the judge of competent jurisdiction is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspections of that part of the premises on which the nuisance or violation may exist.
A. 
Whenever in this Code or in any ordinance of the Town any act or failure to do a required act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not less than $50 nor more than $99, plus the costs of prosecution.
[Amended 8-6-2012 by Ord. No. 2012-06]
B. 
Whenever in this Code or in any ordinance of the Town there is not provision for a greater penalty for a second or subsequent conviction for the same violation of this Code, any person who has previously been convicted of the same violation shall be subject to an additional fine of not less than $50 nor more than $200 and plus the costs of prosecution; provided, however, that the total fine shall not exceed the total fine allowable by the Charter or other applicable law.
C. 
The provisions of this Code shall apply to any violations of the Town Code of the Town of Milton, including Chapter 85, Building Construction, and Chapter 220, Zoning, of the Code of the Town of Milton unless a penalty is otherwise provided therefor within this section.
[Amended 12-3-2007 by Ord. No. 2007-0006]
D. 
If the penalty for a particular offense is limited by state statute, then such limitation shall be applicable to the provisions of this Code and other ordinances of the Town notwithstanding the provisions of this section.
E. 
The suspension or revocation of any license, certificate, or other privilege conferred by the Town or another governmental body shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
In all cases where the same offense is made punishable or is created by different sections of this Code, the Town may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.