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Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[Derived from Ch. 11, Art. 8, of the prior Code]
No person shall make any open improper, indecent or obscene exposure of his/her person or his/her private parts or of the person of another in any public place within the Town in any place not enclosed from the view of others.
No female over the age of five years shall wear a topless bathing suit or otherwise fail to cover any portion of her breasts below the upper portion of the nipple.
No person shall disrobe in any vehicle or truck while such vehicle is parked upon any public street or other public place in plain view of the public.
No person shall use abusive, insulting, obscene or profane language in any other public place in the Town so as to disturb the peace and good order of the Town, its citizens or inhabitants.
Unless specifically otherwise authorized by the laws of the State of Delaware:
A. 
No person shall deal, carry on, operate or conduct, either as owner, lessee, manager, agent, dealer or employee, whether for hire or not, any game of cards, dice, slot machine, or any other device for merchandise, money, checks, credits, or any other valuable thing;
B. 
No owner, lessee, agent, employee or manager of any house, building or any part thereof shall permit gambling to be played in such house, building or any part thereof.
Unless specifically otherwise authorized by the laws of the State of Delaware:
A. 
No person shall buy, sell or dispose of, or have in his/her possession with intent to sell or dispose of, any lottery policy, certificate or number or anything that promises that any particular number, character, ticket or certificate shall, on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder thereof to receive money, property or other evidence of debt.
B. 
No lottery or consideration shall be deemed to exist with respect to a distribution of prizes by chance in a contest where admission to a class of distributees is based upon the submission of a box top, package, label, coupon, or other similar article connected with merchandise produced or sold by the sponsor of the contest in the regular course of business, provided that the sales price of his merchandise does not include any direct or indirect charge to the purchaser for the right to participate in such contest.
A. 
No person shall participate in a certain form of gambling commonly known as "craps."
B. 
As used in this section "craps" shall include any game in which money or other valuable thing is wagered upon by the chance throw of his dice.
A. 
No person shall interfere with a police officer of the Town in the performance of his/her duties.
B. 
A person shall be deemed to have violated this section if he encourages or incites another to interfere with a police officer of the Town in the performance of his/her duties.
No person shall disturb the peace and quiet of the Town.
A. 
No person shall participate in any unlawful assembly characterized by the use of actual force or violence. The willful destruction of public or private property or any threat to use force or violence, or threaten the willful destruction of public or private property, or any other tumultuous or violent disturbance of the public peace by two or more persons acting together without authority of law.
B. 
One or more persons may be charged individually with violation of this section, provided that at the trial of such person, it is proven that they are engaged in the above-described unlawful conduct with at least two other persons.
A. 
No person shall disrupt or disturb any congregation or assembly meeting for religious worship by noise, talking or whispering, or by rude or indecent behavior, or by profane language within their place of worship, or within 300 feet of the place of worship.
B. 
No person shall disturb any lawful assembly or gathering of people in any public place.
A. 
No person shall loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(1) 
Obstruct any public street, public highway, public sidewalk, boardwalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
(2) 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, which prevents the free or uninterrupted ingress, egress and regress therein, thereon and thereto.
B. 
When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
A. 
A person shall be guilty of disorderly conduct, if, with the purpose of causing danger, alarm, disorder, nuisance or if his conduct is likely to cause public danger, alarm, disorder, or nuisance, he does any of the following acts in an unreasonable manner so as to commit a breach of peace:
(1) 
Creates a disturbance of the public order by an act of violence;
(2) 
Engages in fighting or in violent, threatening or tumultuous behavior;
(3) 
Makes any unreasonable loud noise;
(4) 
Addresses abusive language or threats to any person present which creates a clear and present danger of violence;
(5) 
Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer where one or more persons are committing acts of disorderly conduct in the immediate vicinity;
(6) 
Damages, befouls, or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition;
(7) 
Commits a trespass on public, semipublic or private property. "Trespass," for the purpose of this article, shall mean:
(a) 
Entering upon, or refusing to leave, any public, semipublic or private property of another, either where such property has been posted with "No Trespassing" signs or where immediately prior to such entry or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry or continued presence is prohibited;
(b) 
Entering upon, or refusing to leave, any public or semipublic property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning such property, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such security, care or maintenance of the property, his agent or a police officer;
(8) 
Is intoxicated or under the influence of alcohol or drugs, or a combination thereof, in any public place in the Town;
(9) 
Collects or assembles in crowds and bodies for unlawful, mischievous purposes to the annoyance or inconvenience of others or is involved in, incites or attempts to incite a riot;
(10) 
Assembles and stands or sits in crowds or loiters about or hinders, obstructs, impedes or blocks the free uninterrupted passage of any sidewalk, street, alley, or driveway or in front of any place of business or in any hall, stairway, office, courtroom, or public hall or building or any other public place in the Town and fails to disperse upon the command of a police officer or other lawful authority;
(11) 
Jostles or roughly crowds people unnecessarily in a public place by being offensive to public order or decency;
(12) 
Stands, loiters, or strolls about in any public place awaiting or seeking an opportunity to obtain money or things of value from others by trick or fraud or to aid or assist therein;
(13) 
Loiters, idles, is present or gathers with others in or on any public property, private parking lot or other private property during hours or times when such premises are posted as not being open to the general public;
(14) 
Utters any lewd or filthy words or uses any threatening language toward any other person, or shall make any obscene gesture to or about any other person in any public place, which is likely to provoke the average person to retaliation and thereby cause a breach of the peace.
B. 
This section shall not apply to peaceful assemblies, picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.
A. 
No person shall discharge any firearms within the corporate limits of the Town.
B. 
This section shall not apply to any person in the justified defense of his life or property or to any police officer in the lawful pursuit of his duties.
C. 
As used in this section, "firearm" shall mean and include any gun, revolver, pistol or other device capable of propelling a missile by explosion of powder, compression of air, springs or by any other means.
No person shall sell, hawk, or vend fireworks, as defined in § 98-31, within the limits of the Town without prior consent of the Town Council.
A. 
No person shall set off or light any fireworks of any kind or description within the corporate limits of the Town without the prior consent of the Town Council.
B. 
As used in this article, "fireworks" shall mean any combustible or explosive composition or substance prepared for the purpose of producing a visible or an audible effect by combustion or explosion and shall include blank cartridges, toy pistols, and cannons in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, sparklers, or other fireworks of like construction.
C. 
This section shall not apply to authorized public displays.
No person shall sleep, lie, occupy as sleeping quarters, or under the guise of pretending to sleep, in any motor vehicle parked or standing on any public street, public parking lot, or other public place within the corporate limits of the Town.
[1]
Editor's Note: Former § 98-33, Halloween regulations; exceptions, was repealed 11-7-2022 by Ord. No. 2022-007.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snaplock or other locking device which may not be released from the inside, without first removing the door or lid, snaplock or other locking device from the icebox, refrigerator or container.
A. 
All doorways, hallways, exitways and passageways leading from the interior of any building used as a theater, moving picture house or other place of public gathering or amusement, at all times during which members of the general public are gathered therein, shall be kept absolutely free and clear of all obstructions, such as signboards, strands, billboards, or other impediments.
B. 
All doors hung or erected in any such doorway or exitway or at either end of any hallway or passageway shall be hinged so as to swing or open towards the exterior of any such building. At all times during which members of the general public are gathered therein, any all such doors of any such building shall remain unbelted and unlocked.[1]
[1]
Editor's Note: Original § 11-79, No swimming in portions of Broadkill River, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Any person who shall violate the provisions of this article shall be fined not less than $50 nor more than $500.
B. 
For the purpose of this article, each day that a violation continues shall be deemed to be a separate offense.
C. 
The application of any penalty set forth herein shall not be held to prevent the enforced removal of any prohibited condition.