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.
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.
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.
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.
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 of the Delaware Code.
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.
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.
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.
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.
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.
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.
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.
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.