[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.
Written orders which are issued by the Mayor of the Town
and compiled in a manual.
May read as either the term "and" or the term "or" as the
sense requires it.
An obligation in writing, binding with the signator to pay
a sum certain upon the happening or failure of an event.
Any structure intended to have walls and a roof.
Any profession, trade, occupation or any other commercial
enterprise conducted for monetary reward.
The Charter of the Town of Milton.
Town Clerk.
The governing body of the Town, the Town Council.
Sussex County, Delaware.
Following reference to an official of the Town, means the
authorized agent, employee or representative of such official.
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.
Words in any section importing the masculine gender shall
include the feminine and neuter as well as the masculine.
The chairman of the Board of Health or any person designated
by the Council to perform the Town health functions and duties.
That authority given to more than one person or officer.
Such authority vests in a majority of such persons or officers.
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.
The word “may” creates permissive and discretionary
duty or authority.
The Mayor of the Town.
A calendar month.
Words used in the singular include the plural, and the plural
includes the singular unless the context clearly indicates otherwise.
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.
Tenant or person in actual possession.
Carry on, keep, conduct, maintain, manage, direct or superintend.
The ordinances of the Town of Milton, Delaware and all amendments
and supplements thereto.
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.
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.
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.
Before and next after, respectively.
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.
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.
Land, together with all things attached to the land so as
to become a part thereof.
The word “shall” is mandatory.
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.
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.
The State of Delaware.
The latest published edition of the Statutes or Revised Statutes
of Delaware, as may be amended, supplemented or codified.
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.
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]
Words used in the past or present tense include the future,
past and present, where applicable, unless the context clearly indicates
otherwise.
An hour of the day according to the official time of the
Town.
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.
The Town of Milton, in the County of Sussex and the State
of Delaware.
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.
The Town Treasurer.
Any drain, ditch, river, pond, lake or stream flowing in
a definite direction or course in a bed with banks.
Seven consecutive calendar days.
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.
Any representation of words, letters or figures, whether
by printing or otherwise, capable of comprehension by ordinary visual
means.
A calendar year.
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]
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]
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]
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.
