The inhabitants of the Town of Dewey Beach in
Sussex County, are hereby constituted a municipal corporation and
body politic by and under the name of "Commissioners of Dewey Beach,"
(hereinafter referred to as the "corporation" or "town") with power
to govern themselves by such ordinances, rules, resolutions and regulations
for municipal purposes as they, through their duly-elected officers
and agents, may deem proper, not in conflict with the provisions of
this Charter of government, nor with the Constitution and Laws of
the State of Delaware, or of the United States.
(a)
The limits and bounds of the Town of Dewey Beach are
hereby established and declared to be as follows:
(b)
Starting at a point at the low water mark of the Atlantic
Ocean shoreline, said point being the northerly boundary of Rehoboth-by-the-Sea;
thence easterly into the Atlantic Ocean 500 feet; thence southerly
and parallel to the shoreline to a point which is on an easterly extension
of the southern boundary of Collins Street; thence in a westerly direction
along the southern boundary of Collins Street to Route No. 1; thence
in a southerly direction along the easterly right-of-way of Highway
One, to a point approximately 65 feet south of Anchor Way; thence
in a westerly direction to the eastern shore of the Rehoboth Bay;
thence in a northerly direction and with the meanderings of the Rehoboth
Bay shoreline to a point on the Rehoboth Bay westerly of Bayard Avenue,
said point being the boundaries of Rehoboth-by-the-Sea; thence with
the boundaries of Rehoboth-by-the- Sea Bayard Avenue, northerly across
Route 1; thence with the westerly boundaries of Comegys to its easterly
side; thence across Route 1 to the southerly edge of Silver Lake;
thence with Silver Lake and the boundaries of Rehoboth-by the-Sea
to a point; thence easterly with the boundaries of Rehoboth-by-the-Sea,
said boundary being the southerly line, and extensions thereof, of
Block 51 as shown on the plot plan of Rehoboth-by-the-Sea, to the
low water mark of the Atlantic Ocean, the point and place of beginning.
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The area designated by this description includes
all of Rehoboth-by-the-Sea (as shown on a plot plan on file in Georgetown,
Delaware) and all the area south of Rehoboth-by-the-Sea which is bounded
on the east by the Atlantic Ocean, on the west by the Rehoboth Bay
and which extends southward to the south side of Collins Street on
the ocean block and 65 feet southerly of Anchor Way on the bay side
and also includes 500 feet of the Atlantic Ocean adjacent to the shoreline.
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(c)
The Commissioners of Dewey Beach may, at any time
hereafter cause a survey and plot to be made of said Town, and the
said plot or any supplement thereto, when so made and approved by
said the Commissioners of Dewey Beach, signed by the President, who
shall affix thereto the municipal corporate seal of the Town, attested
by the Secretary of the said the Commissioners of Dewey Beach, and
upon being recorded in the Offices of the Recorder of Deeds of the
State of Delaware, in and for Sussex County, shall be, or the record
thereof, or a duly certified copy of said record, shall be evidence
in all Courts of Law and Equity of this State.
(d)
The Commissioners of Dewey Beach shall have the power
to annex additional territory adjoining the corporate limits of the
Town of Dewey Beach as hereinbefore set forth or as hereafter extended
pursuant to the procedure hereinafter set forth and to apply to all
such additional territory all laws, ordinances, resolutions and policies
in force with the Town so far as they may be locally applicable. The
Commissioners of Dewey Beach shall adopt a Resolution proposing to
the property owners and the residents of both the Town and of the
Territory proposed to be annexed that The Town of Dewey Beach proposed
to annex certain territory which adjoins its then limits and territory.
The Resolution shall contain a description of the territory proposed
to be annexed and shall fix a time and place for a public hearing
on the subject of the proposed annexation. The Resolution setting
forth the information shall be printed in a newspaper having a general
circulation both in The Town of Dewey Beach and in the territory proposed
to be annexed at least one week prior to the date set for the public
hearing, as well as posted at Town Hall, the Life Saving Station,
and on the Town’s website. In addition, a reasonable effort
will be made to send a personal letter to all qualified voters and
property owners of record of the Town and all property owners of record
in the territory proposed to be annexed at least fifteen (15) days
prior to the date set for the public hearing. (78 Del Laws,
c. 346, 7/18/2012)
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Following the public hearing, but in no event
later than thirty (30) days thereafter, a Resolution shall then be
passed by a majority of the Commissioners of Dewey Beach ordering
a Special Election to be held not less than thirty (30) days nor more
than sixty (60) days after the said public hearing on the subject
of the proposed annexation. The passage of this Resolution shall ipso
facto be considered the determination of the Commissioners of Dewey
Beach to proceed with the matter of the proposed annexation.
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The notice of the time and place of holding
the said Special Election shall be printed within thirty (30) days
immediately preceding the date of the Special Election in two (2)
issues of a newspaper having a general circulation in The Town and
in the territory proposed to be annexed, as well as posted at Town
Hall, the Life Saving Station, and on the Town’s website at
least fifteen (15) days prior to the date of the Special Election.
In addition, a reasonable effort will be made to send a personal letter
to all qualified voters and property owners of record of the Town
and all property owners of record in the territory proposed to be
annexed at least fifteen (15) days prior to the date set for the Special
Election. (78 Del Laws, c. 346, 7/18/2012)
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At the Special Election, every property owner
or leaseholder as defined in this Charter, whether an individual,
partnership or corporation, shall be entitled to cast one vote and
every bona fide resident of the Town of Dewey Beach who is not a property
owner or leaseholder as defined in this Charter shall be entitled
to cast one vote. At the said Special Election, every property owner
or leaseholder, as defined in this Charter, of the territory proposed
to be annexed, whether an individual, partnership or corporation,
shall be entitled to cast one vote and every bona fide resident of
the territory proposed to be annexed who is not a property owner or
leaseholder as defined in this Charter shall be entitled to cast one
vote. Property owners or leaseholders, as defined in this Charter,
whose property or whose improvement located on leased land is exempt
from taxation or in not assessed shall not be entitled to vote. The
books and records of the Town of Dewey Beach in the case of town property
owners, or leaseholders as defined in this Charter or residents and
the books and records of Sussex County in the case of property owners,
leaseholders as defined in this Charter, or residents of the territory
proposed to be annexed shall be conclusive evidence of the right of
such persons, firms or corporations to vote at the Special Election.
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In the event that an individual, partnership
or corporation holds a power of attorney duly executed and acknowledged
and specifically authorizing the said individual, partnership or corporation
to vote at the said Special Election, a duly authenticated copy of
the power of attorney shall be filed in the office of the Town Manager
of the Town of Dewey Beach. Said power of attorney as so filed shall
constitute conclusive evidence of the right of said person, partnership
or corporation to vote in the Special Election.
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Voting machines shall be used in any annexation
election and the form of the ballot to be inserted in the machine
shall be as follows:
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____ For the proposed annexation
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_____ Against the proposed annexation
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(CHECK THE ONE BLOCK FOR WHICH YOU CAST YOUR
VOTE)
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The Mayor shall appoint three (3) persons to
act as Election Officials, at least one (1) of whom shall reside and
own property in the Town, and at least one (1) of whom shall reside
and own property in the territory proposed to be annexed. One (1)
of the said persons so appointed shall be designated the Presiding
Officer. Voting shall be conducted in the Municipal Building and the
Election Officials shall have available, clearly marked, two (2) ballot
boxes. All ballots cast by those persons, partnerships or corporations
authorized to vote as residents, property owners or leaseholders in
the territory proposed to be annexed shall be deposited in one (1)
such ballot box, and all ballots cast by those persons, partnerships
or corporations who are authorized to vote as residents, property
owners or leaseholders of the Town shall be deposited in the other
such ballot box. The polling places shall be opened from 1:00 p.m.,
prevailing time, until 6:00 p.m., prevailing time, on the date set
for the Special Election.
(77 Del. Laws, c. 42, 6/16/2009)
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Immediately upon the closing of the polling
places, the Election Officials shall count the ballots for and against
the proposed annexation and shall announce the result thereof; the
Election Officials shall make a certificate under their hands of the
number of votes cast for and against the proposed annexation, and
the number of void votes, and shall deliver the same to the Commissioners
of Dewey Beach. The said certificate shall be filed with the papers
of the Commissioners of Dewey Beach.
(77 Del. Laws, c. 42, 6/16/2009)
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In order for the territory proposed to be annexed
to be considered annexed, a majority of the votes cast both from the
Town and from the territory proposed to be annexed must have been
cast in favor of the proposed annexation. In the event that the Referendum
results in an unfavorable vote for annexation, a subsequent election
may be held at any time. If a favorable vote for annexation shall
have been cast, the Commissioners of Dewey Beach shall cause a description
and a plot of the territory so annexed to be recorded in the Office
of the Recorder of Deeds for Sussex County in Georgetown, Delaware,
but in no event shall such recordation be completed more than ninety
(90) days following the favorable referendum. The territory considered
for annexation shall be considered to be a part of the Town of Dewey
Beach from the time of recordation. The failure of the Commissioners
of Dewey Beach to record the description and plot within the time
hereinbefore specified shall not make the annexation invalid but such
annexation shall be deemed to be effective at the expiration of the
ninety (90) day period from the date of favorable election. (65 Del. Laws, c. 255, 4/8/1986)
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The government of the Town and the exercise
of all powers conferred by this Charter, except as otherwise provided
herein, shall be vested in the Commissioners of Dewey Beach. The Commissioners
of Dewey Beach shall consist of five members, to be chosen as hereinafter
provided. One of the said Commissioners shall have the title of "Mayor
of the Town of Dewey Beach," with duties hereinafter to be prescribed,
and who shall also be President of the Commissioners of Dewey Beach.
(a)
The inhabitants of the Town of Dewey Beach within
the limits and boundaries referred to in Section 2 of this Act, or
within the limits and boundaries hereinafter established shall be,
and they are hereby, created a body politic and corporate in law and
in equity by the corporate name of "Town of Dewey Beach," (hereinafter
referred to as the "Town") and under that name shall have perpetual
succession, and may have and use a corporate seal which may be altered,
changed or renewed at pleasure; may sue and be sued; plead and be
impleaded in all Courts of law and equity in the State of Delaware,
and elsewhere, by said corporate name; may hold and acquire real property
and personal property obtained by purchase, gift, devise or lease
within or without its boundaries for any municipal purposes, in fee
simple or for lesser estate or interest; and may sell, lease, hold,
manage and control such property as its interest may require; and
may do all other things which a body politic and corporate may lawfully
do to carry out and effectuate the objects and purposes of this Act;
subject, however, to other sections of this Act.
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Except as hereinafter provided in this Charter
relative to the power to issue bonds, the Town shall have all other
powers and functions requisite to or appropriate for the governance
of the Town; its peace and order; its sanitation; its beauty; the
health, safety, convenience, comfort and well-being of its population;
the protection and preservation of property, public and private; and
all actions, suits or proceedings shall be brought in the name of
the "Town of Dewey Beach."
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(b)
The enumeration of particular powers by this Charter
shall not be held to be exclusive, or to restrict in any manner the
general powers conferred herein, but in addition to the powers enumerated
herein, implied hereby, or appropriate to the exercise thereof, it
is intended that the Town of Dewey Beach shall have, and may exercise
all powers which, under the Constitution of the State of Delaware,
which would be competent for this Charter to specifically enumerate.
All powers of the Town of Dewey Beach, whether expressed or implied,
shall be exercised as prescribed by this Charter; or, if not prescribed
herein, by ordinance or resolution of the Commissioners.
(a)
Each Commissioner shall be at least 21 years of age. (78 Del Laws, c. 346, 7/18/2012)
(b)
Not less than two (2) of the Commissioners shall be
designated Resident Commissioners. A Resident Commissioner shall have
the following qualifications: 1) shall be a bona fide resident and
domiciliary of the Town; and 2) shall own real estate within the Town
or be both a settlor/creator and trustee of a valid trust to which
real property which is located within the Town has been conveyed which
conveyance is recorded in the Office of the Recorder of Deeds in and
for Sussex County, or be a leaseholder of real estate in the Town
under a valid lease of a term of five (5) years or more. Any person
applying as a leaseholder candidate pursuant to this subsection will
be required to include a copy of a valid lease with his or her candidate
filing.(76 Del. Laws, c. 273, 6/30/2008; 78 Del Laws, c. 346,
7/18/2012)
(c)
Other Commissioners must either have the qualifications
of a Resident Commissioner as defined above or be an owner of real
estate within the Town or be both a settlor/creator and trustee of
a valid trust to which real property which is located within Town
has been conveyed which conveyance is recorded in the Office of the
Recorder of Deeds in and for Sussex County, or a leaseholder of real
estate within the Town under a valid lease of a term of five (5) years
or more. Any person applying as leaseholder candidate pursuant to
this subsection will be required to include a copy of a valid lease
with his or her candidate filing. (78 Del Laws, c. 346, 7/18/2012)
(d)
The Commissioner with the title of "Mayor of the Town
of Dewey Beach" must be qualified as a Resident Commissioner.
(e)
If any one of the Commissioners shall, during his
term of office fail to continue to be qualified as above stated, he
shall ipso facto vacate his office. The Commissioners shall be the
judges of the qualifications of the members.
(77 Del. Laws, c. 42, 6/16/2009)
(a)
The Commissioners
of the Town of Dewey Beach shall appoint the Board of Elections members
for a term of one (1) year. The Board of Elections shall consist of
three (3) members. All members of the Board of Elections shall meet
the appointment qualifications as specified in 15 Del. C. § 7501
et seq.
(b)
Board of
Elections appointees shall be confirmed by swearing or affirming,
both orally and in writing, the oath specified in 15 Del. C. §
7501 et seq. Board of Elections appointees shall be sworn or affirmed
by the Alderman of the Town of Dewey Beach or the Mayor of the Town
of Dewey Beach.
(c)
It shall
be the duty of members of the Board of Elections, as empowered by
15 Del. C. § 7501 et seq. and the ordinances of the Town, to
perform prescribed duties with fidelity and without favor or electioneering
to accomplish the proper conduct of municipal candidate elections
within the Town of Dewey Beach.
(d)
Any member
of the Board of Elections may be removed from office for cause after
a public hearing by a majority vote of the Commissioners of Dewey
Beach.
(e)
Activities
of the Board of Elections shall be consistent with the Delaware Freedom
of Information Act, 29 Del. C. § 10001 et seq.
(a)
Each Commissioner shall be elected for a two-year
term. All other offices shall be appointive and the person or persons
filling such appointive offices shall be appointed by the Commissioners
of Dewey Beach. (77 Del. Laws, c. 42, 6/16/2009)
(b)
In the case of a vacancy created in any office of
Commissioner of Dewey Beach or in the office of Commissioner of Dewey
Beach having the title of Mayor of the Town of Dewey Beach. either
by death, resignation, loss of residence or freeholdership, in the
Town of Dewey Beach, or other disqualifying event, or otherwise, the
Commissioners of Dewey Beach shall fill such vacancy for the residue
of the whole term.
(c)
If any elective or appointive officer, agent or employee
be found guilty of any felony anywhere in the United States, he shall
forthwith be disqualified to act as such officer and he shall, ipso
facto vacate his elective office; which office shall be filled by
the Commissioners of Dewey Beach as in the case of other vacancies.
(a)
The Commissioners of Dewey Beach shall hold a meeting
no sooner than seven (7) days following the annual election for the
purpose of organization at the usual place for holding meetings of
the Commissioners of Dewey Beach. At that meeting the Commissioners
elected shall elect one (1) of the Commissioners as the presiding
officer of the Commissioners of Dewey Beach for a term of one (1)
year. If the Commissioners are unable to elect one (1) of their number
as a presiding officer then such officer shall be chosen for the Commissioners,
by lot, by the Commissioners. The presiding officer shall be called
the ‘Mayor.’ (77 Del. Laws, c. 42, 6/16/2009)
(b)
During the organizational meeting, the newly elected
Commissioners shall assume the duties of their respective offices,
being first duly sworn or affirmed to perform their duties with fidelity,
which oath or affirmation shall be taken before a Notary Public, the
Alderman of the Town of Dewey Beach, or by a holding-over member of
the Commission. The Commissioners shall likewise select a Secretary
from their own number to serve until the organizational meeting after
the next succeeding election. They may also choose other officers
and employees as may be determined to be necessary. (77 Del.
Laws, c. 42, 6/16/2009)
(c)
The Commissioners shall by ordinance fix the amount
of any salaries or compensation of the employees, officers and agents
of the Town, and the time and manner of his or her, or their payment;
provided, that the salary or compensation of any such employee, officer
or agent shall not be increased, during the term of said office should
said appointment thereto be for a designated term. No officer, employee
or agent of the Town shall in any form have, take, or receive from
the Town or otherwise any compensation, in any form, in addition to
the salary or compensation fixed by the Commissioners.
(d)
The Commissioners shall cause to be kept a full and
complete record of all officers appointed, and employees and agents
hired by the Town, containing the names of such officers, employees
and agents, the dates of their employment, any salary of compensation
to be by them received and the date of the termination of their services.
In the event that any person holds office for an indefinite term,
the record shall so state.
No person shall be voted upon as a candidate
for the office of Commissioner unless at least thirty (30) days before
the date set for the election of said officers he shall have filed
with the Commissioners of Dewey Beach a letter or other certificate
setting forth that he will be a candidate for a certain designated
office. The Commissioners of Dewey Beach shall not permit the name
of any such candidate to be filed except such candidate as shall meet
the requirements of Section 5 of this Chapter.
(a)
Annual municipal elections shall be held on the third
Saturday of the month of September, except that, in any year when
the third Saturday of the month of September conflicts with either
day of Rosh Hashanah (Jewish New Year) or Yom Kippur (Jewish Day of
Atonement), annual municipal elections shall be held on the fourth
Saturday of the month of September. Annual municipal elections shall
be held from 10:00 a.m. to 6:00 p.m. at such place or places as shall
be determined by the Commissioners, due notice of which shall be given
by posting notices thereof in two (2) conspicuous places within the
corporate limits of the Town of Dewey Beach; and by publication in
a newspaper of general circulation in the community not less than
fifteen (15) days before the day of such annual election; provided,
however, that in the event that there is no contest for any of the
several offices up for election in any year, the polls shall not remain
open after 10:00 a.m. prevailing time. The Town Commissioners shall
have the power and authority to enact by ordinance certain voter registration
procedures as are deemed reasonably necessary to provide for the orderly
and efficient conduct of municipal elections, provided that no such
ordinance shall alter the qualifications of voters as herein below
set forth, nor shall such ordinance unduly impair the right to vote
in a municipal election. No person may be eligible to vote unless
properly registered. No person may cast more than one ballot.(74 Del. Laws, c. 370, 7/19/2004; 77 Del. Laws, c. 42, 6/16/2009;
77 Del. Laws c. 354, 7/12/2010)
(b)
Each person eighteen years of age or older, who is
a bona fide resident and domiciliary of the Town of Dewey Beach, or
who is an owner of real property within the Town, or who holds a valid
lease for a term of five years or more on property within the Town,
shall be qualified to vote in the election of Town officials as herein
provided. A leaseholder seeking qualification as a voter under this
subsection will be required to file a copy of a valid lease at the
time of voter registration. A nonresident person eighteen years of
age or older who is both a settlor/creator and trustee of a valid
trust to which real property which is located within the Town has
been conveyed which conveyance is recorded in the Office of the Recorder
of Deeds in and for Sussex County shall be qualified to vote in the
election of Town officials, provided that the Trust document which
identifies the trustee(s) and the settlor(s)/creator(s) must be presented
at the time of registration. (74 Del. Laws, c. 369, 7/19/2004;
78 Del Laws, c. 346, 7/18/2012)
(c)
Every
election shall be held under the supervision of the Election Officials.
The Election Officials shall consist of one (1) Inspector of the Election
and such Officers of the Election as shall be appointed by the Commissioners
of Dewey Beach. The Inspector and such Officers constituting the Election
Officials shall be qualified voters of the Town of Dewey Beach and
shall be appointed for that purpose by the Commissioners at least
thirty (30) days before such Annual Municipal Election. If, at the
opening of the polls, the Election Officials (or any one of them)
are not present, then in such case the persons qualified to vote at
such election and present at the opening of the polls shall, by viva
voce, select a qualified voter or voters to act as the Election Officials
to fill such vacancies caused by the absence of the Election Officials.
Election Officials shall be Judges of the Election, and shall decide
upon the legality of the votes offered. The Election Officials shall
keep a true and accurate list of all voters voting at the Annual Municipal
Election. The Board of Elections shall have the power to subpoena
persons and officers of the Town, and to subpoena books, records and
papers relative to the determination of the validity of any vote or
votes offered. (77 Del. Laws, c. 42, 6/16/2009)
(d)
Upon the
close of the election, the votes shall be computed and announced publicly
and the qualified persons having the highest number of votes shall
be declared, by the Election Officials, to be duly elected; and such
persons shall continue in office during the terms for which they were
chosen, or until their successors are duly elected or appointed and
qualified. (77 Del. Laws, c. 42, 6/16/2009)
(e)
In the
event of a tie vote for any office, the Election Officials shall determine
the tie by lot. (77 Del. Laws, c. 42, 6/16/2009)
(f)
The Election
Officials, as soon as possible after the polls have closed and the
results announced, shall deliver all election documents, envelopes,
and absentee ballots to the Board of Elections. The Board of Elections
shall secure the documents, envelopes, and absentee ballots until
such time that they need to canvass the election. (77 Del. Laws,
c. 42, 6/16/2009)
(g)
The Election
Officials shall enter in a book, to be provided for that purpose,
a minute of the election, containing the names of the persons chosen.
The book, containing such matters, shall be preserved by the Town
Commissioners and shall be evidence in any Court of Law and Equity. (77 Del. Laws, c. 42, 6/16/2009)
(h)
Ballots
may be cast in person or by absentee ballot in all elections. Absentee
voting shall be in compliance with the applicable provisions of 15
Del. C. § 7501 et seq. (77 Del. Laws, c. 42, 6/16/2009)
(a)
The Town Commissioners of Dewey Beach shall hold meetings
at the call of the Mayor (or majority of Commissioners).
(b)
The Town Commissioners of Dewey Beach shall have the
same power and authority to enact all ordinances, adopt all resolutions,
pass all motions, make all orders and transact all business at such
meeting, called as aforesaid. There shall be not less than one meeting
held per calendar quarter.
(c)
All meetings shall be subject to the provisions of
Title 29, Chapter 100, Delaware Code.
A majority of the Commissioners appointed or
elected to the Town Commissioners of Dewey Beach shall constitute
a quorum.
The Commissioners shall determine their own
rules of procedure and order of business. They shall keep a record
of their proceedings and the record shall be open to public inspection.
Every ordinance shall be introduced in writing. No ordinance shall
be passed unless it shall have the affirmative vote of a majority
of the Commissioners. Vote on any ordinance shall be by voice vote,
and the vote of each Commissioner on any ordinance shall be entered
on the record.
(a)
The Mayor of the Town of Dewey Beach shall be sworn
or affirmed to perform the duties of his office with fidelity.
(b)
He shall be the chief executive of the Town. It shall
be his duty to preside at all meetings of the Commissioners and he
shall have a vote therein and in case of his absence a President Pro
Tempore shall be appointed in his place from the other Commissioners.
He shall execute on behalf of the Town when authorized by a majority
of the Commissioners all agreements, contracts, bonds, deeds, leases
and other documents necessary to be executed. He shall have the power
to appoint the other Commissioners to be in charge of any departments
or divisions of the Town Government created by the Commissioners.
At least one Commissioner must be appointed to each department or
division created by the Commissioners. The Mayor shall be a member,
ex-officio, of all committees. It shall be the duty of the Mayor to
see that the laws and ordinances of the said Town are faithfully executed
and the Mayor shall perform all duties imposed upon him by this Charter.
The Mayor shall also have the power to administer oaths and affirmations.
The Mayor shall also have the power and authority to solemnize marriages
within the boundaries of the Town of Dewey Beach. (72 Del. Laws,
c. 425, 7/13/2000)
(c)
As a Commissioner of Dewey Beach and as Mayor of the
Town of Dewey Beach, he shall have the same right as other Commissioners
to vote on all matters, and debate any question from the floor.
(d)
Upon the expiration of his term of office or upon
resignation or removal from office, he shall forthwith turn over all
records, books, papers, documents and other things belonging to or
appertaining to his office of Mayor of the Town of Dewey Beach. He
shall also pay over to the Treasurer all monies in his hands belonging
to the Town.
(a)
The Mayor of the Town of Dewey Beach, with the concurrence
of a majority of all the elected Commissioners of the Town, may appoint
a Town Manager who shall be the Chief Administrative Officer of the
Town and who shall be the Secretary of the Commission of the Town
and the Treasurer of the Town.
(b)
The Commissioners of the Town of Dewey Beach shall
impose such qualifications for Town Manager as may be deemed necessary;
provided, however, that no person holding the office of Mayor or Commissioners
shall be chosen to be Town Manager during his term of office as Mayor
or Commissioner.
(c)
The Town Manager may be removed for just cause by
a majority vote of the Commissioners of the Town of Dewey Beach. At
least thirty (30) days before such removal shall become effective,
the Commissioner shall, by a majority vote of all of the elected Commissioners
thereof, adopt a preliminary resolution stating the reasons for his
removal. The Manager may reply in writing and may request a public
hearing which shall be held not earlier than twenty (20) days nor
later than thirty (30) days after the filing of such request. After
such public hearing, if one be requested, and after full consideration,
the Commission, by a majority vote of all of the elected Commissioners
thereof, may adopt a final resolution of removal. By the preliminary
resolution, the Commission may suspend the Town Manager from duty
but shall in any case cause to be paid him forthwith any unpaid balance
of his salary for the next three (3) calendar months following the
adoption of the preliminary resolution. (78 Del Laws, c. 346,
7/18/2012)
(d)
In case of the absence or disability of the Town Manager,
the Commission may designate some qualified person who may be an elected
or appointed official of the Town of Dewey Beach to perform the duties
of such office during his absence or disability. The compensation
which the Town Manager shall receive for the performance of his duties
shall be fixed by the Commission of the Town of Dewey Beach. (70 Del. Laws, c. 191, 7/10/1995)
(a)
The Town Manager shall be responsible to the Commissioners
of the Town of Dewey Beach for the proper administration of the affairs
of the Town placed in his charge and to that end, he shall have the
power to make such appointments and to hire such employees at such
compensations as the Commissioners, by resolution, shall determine,
subject to such rules and regulations as may be adopted by the Commissioners.
All employees may be removed by the Town Manager at any time for just
cause unless otherwise provided by resolution of the Commissioners.
He shall exercise his sole discretion in the appointment or hiring
of any such employees. The Town Manager shall be the sole judge of
the competence or incompetence of any such person so appointed or
hired by him. The Commissioners of the Town of Dewey Beach shall sit
as a Board of Appeal for the protection of Town employees at those
times when the majority of all the Commissioners are agreed that a
review of the action of the Town Manager would be in the best interest
of the Town of Dewey Beach. The decision of the Commissioners in such
case shall be final and conclusive. (78 Del Laws, c. 346, 7/18/2012)
(b)
It is the intention of this Charter that, in the performance
of his duties, and in the exercise of his powers, the Town Manager
shall not be influenced by any matters whatsoever of a political or
fractional nature. It is the intention of this Charter that the Town
Manager shall be guided solely by the matters of expediency and efficiency
in the administration of the affairs of the Town placed in his charge.
Except for purposes of injury, the Commissioners shall deal with that
portion of the administrative service for which the Town Manager is
responsible solely through the Town Manager.
(c)
It shall be the duty of the Town Manager to supervise
the administration of the affairs of the Town under his charge and
to make such reports to the Commissioners as are required by the Commission.
He shall make such recommendations to the Commission concerning the
affairs of the Town as may seem to him desirable. He shall keep the
Commission advised of the financial condition and future needs of
the Town. He shall prepare and submit to the Commission the annual
budget estimate. He shall render to the Commission at the regular
monthly meeting of each and every month a true, accurate and detailed
account of all the monies collected or received by him in the performance
of his duties and shall promptly turn the same over to the Commission.
(d)
In conjunction with the Mayor of the Town of Dewey
Beach, he shall sign warrants pursuant to appropriations or resolutions
theretofore made for the Commission. He shall prepare and submit to
the Commission such reports as may be required by the Commission.,
he shall perform such other duties as may be prescribed by this Charter
or required of him by ordinance or resolution of the Commission.
(e)
The Town Manager and such other officers of the Town
as may be designated by vote of the Commission shall be entitled to
seats in the meetings of the Commission but shall not vote therein.
(f)
The Town Manager shall have charge and supervision
of the sewer system, water system, street lighting, streets, gutters,
curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative
affairs of the Town and all work relating thereto. He shall have charge
of and shall collect all taxes, assessments, rentals, franchise fees,
license fees, or other charges due the Town. He shall have charge
of the administration of all provisions of this Charter and ordinances
and resolutions of the Commission relating to the affairs of the Town
when not otherwise provided for by this Charter or by any ordinance
or resolution of the Commission.
(g)
He shall keep a full and strict account of all monies
received and all disbursements made by him and such accounts shall,
at all times, be open to inspection by the Commission.
(h)
He shall give to the Town of Dewey Beach a bond, if
required by the Commission, in such sum and in form with security
satisfactory to the Commission for the faithful performance of the
duties of his office and the restoration to the Town of Dewey Beach,
in case of his death, resignation, or removal from office of all books,
papers, vouchers, money other property of whatever kind in his possession
belonging to the Town.
(i)
In the event of a vacancy in the Office of the Town
Manager for any reason or reasons whatsoever, the duly appointed and
qualified successor to that office shall succeed to all the rights,
privileges, and powers theretofore reposed in his predecessor or predecessors
in office in the same manner as though all acts, deeds and steps theretofore
taken by any such predecessor or predecessors with respect to any
matter or thing pertaining to said office had been taken or performed
by the successor to such office.
(j)
Upon the death, resignation, or removal from the office
of the Town Manager, the Mayor, with the approval of a majority of
all elected members of the Commission, shall appoint some suitable
person, who may be an elected or appointed official of the Town of
Dewey Beach, to perform the duties of Town Manager; on an interim
basis for ninety (90) days with the option of renewal of the appointment
for two (2) additional terms of ninety (90) days or until a Town Manager
is appointed, whichever period is shorter. (70 Del. Laws, c.
191, 7/10/1995; 78 Del Laws, c. 346, 7/18/2012)
(78 Del Laws, c. 346, 7/18/2012)
(a)
The Audit Committee shall be composed of not less
than three (3) property owners, the majority of whom are bona fide
residents of the Town of Dewey Beach, who have no relationship to
the Town that may interfere with the exercise of their independence
from the Town's management and the Town. The Chairperson and members
of the Committee shall be appointed by the Council at each annual
meeting to serve for a term of one (1) year. Each member of the Committee
shall be financially competent and at least one (1) member shall have
accounting or related financial management experience. The principal
purpose of the Committee is to provide oversight of the annual audit
of the Town financial statements, to recommend the hiring of an independent
financial audit firm, to assess the qualifications and independence
of the firm and to negotiate a price for the audit, to review the
performance of the independent audit firm, to review the firm's audit
report and assessment of the Town's accounting and reporting practices
and internal control systems, and to recommend acceptance or rejection
by the Council of the audit report.
(b)
It shall be the responsibility of the Independent
Auditors to perform an audit of the annual financial statements of
the Town of Dewey Beach in accordance with generally accepted auditing
standards and the standards applicable to financial audits contained
in Government Auditing Standards issued by the Comptroller General
of the United States. The Auditors, on or before the 15th day of August
following the Town’s fiscal year end shall deliver their report,
including their opinion as to whether the Town’s basic financial
statements, together with required Supplemental Information, present
fairly, in all material respects, the financial position of the governmental
activities and each major fund of the Town, and the respective changes
in financial position and cash flows, where applicable, in conformity
with accounting principles generally accepted in the United States
of America. In addition, other Supplemental Information for the General
Revenue and Special Revenue Funds shall be provided with comparative
amounts for the preceding three (3) fiscal years. A summary of the
report shall be printed in a newspaper which has general circulation
in the Town in the issue immediately succeeding their annual report,
with a statement that the full text of the report can be viewed on
the Town's website, where a full copy of the report shall be accessible
to visitors to the website. The financial statements are the responsibility
of the Town’s management. The Independent Auditor’s responsibility
is to render an opinion on the Town’s financial statements based
on their audit examination.
(78 Del Laws, c. 346, 7/18/2012)
The Commissioners may select and appoint a Town
Solicitor who shall be removable at the pleasure of the Commissioners
of Dewey Beach either with or without due cause stated. The Town Solicitor
shall be a member in good standing of the Bar of the State of Delaware.
It shall be his duty to give legal advice to the Commissioners and
other offices of the Town and to perform other legal services as may
be required of him by the Commissioners.
(a)
The Town Commissioners may, in their discretion, establish
a police force, make rules and regulations as may be necessary for
the organization, government and control of a Police Force. They shall
preserve peace and order, and shall compel obedience within the Town
limits to the ordinances of the Town and the Laws of the State of
Delaware. They shall have such other duties as the Town Commission
shall from time to time prescribe. The police force shall be subject
to the direction of the Town Manager acting on behalf of the Town
Commissioners. (70 Del. Laws, c. 191, 7/10/1995)
(b)
The Town Commissioners may, if it is deemed necessary,
make rules and regulations for the organization of a Beach Patrol.
The Beach Patrol would, if so organized, enforce regulatory measures
ordained by the Commissioners in respect to the cleanliness, uses
and enjoyment of the Town Beach front; and, would perform such other
duties as the Commissioners may prescribe. In the performance of their
duties, they may be vested with all the powers and authorities of
a member of the Town Police Force.
(78 Del. Laws, c. 232, 5/1/2012)
The Commissioners are authorized to establish an Alderman’s
Court in a manner consistent with Constitution and laws of the State
of Delaware.
(78 Del. Laws, c. 232, 5/1/2012)
An Alderman and Assistant Alderman shall be recommended by the
Town, appointed by the Governor and confirmed by the Delaware State
Senate. Once confirmed the Alderman and/or Assistant Alderman shall
be sworn into office by the Mayor, and evidence of his or her appointment
shall be recorded at the Recorder of Deeds in Sussex County.
(78 Del. Laws, c. 232, 5/1/2012)
When a vacancy occurs the Town Council shall by majority vote,
submit a list of one or more qualified candidates and the application(s)
and supporting documentation to the Governor for consideration of
appointment. Not less than thirty (30) days prior to the expiration
date of an Alderman’s or Assistant Alderman’s term, the
Town Council shall by majority vote, determine whether or not to recommend
reappointment of the Alderman or Assistant Alderman for an additional
term. The Town shall submit a letter of recommendation to the Governor
for consideration of reappointment, or alternatively, its written
recommendation of one or more qualified candidates along with their
applications and supporting documentation to the Governor for consideration
of appointment.
(78 Del. Laws, c. 232, 5/1/2012)
The Alderman and Assistant Alderman shall serve a two –
year term and shall remain in office until either reappointed or a
successor is duly qualified.
(78 Del. Laws, c. 232, 5/1/2012)
An Alderman or Assistant Alderman may be censured or removed
subject to the provisions of Article IV, Section 37 of the Delaware
Constitution of 1897 and the Rules of the Court on the Judiciary.
An Alderman or Assistant Alderman may also be replaced upon expiration
of a term, following Senate confirmation of a new Alderman or Assistant
Alderman.
If any Alderman or Assistant Alderman has been removed from
office by Senate confirmation of a new nominee or by action of the
Court on the Judiciary, he/she shall, within five (5) days of the
Senate confirmation or Court on the Judiciary action, deliver to the
Mayor all the books and papers belonging to the Town, and shall within
five (5) days pay over to the Treasurer all moneys in his/her hands.
Immediately after the receipt of the books and papers belonging to
the office of either the Alderman or Assistant Alderman, the Mayor
may require the auditor of the Town to make an audit of the books
and papers of the official who has been replaced. Upon the neglect
or failure to deliver all the books and papers to the Mayor within
the time specified by this Charter, or to pay over all of the moneys
to the Treasurer within the time specified, the Alderman or Assistant
Alderman, so replaced, shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined not less than Twenty-five Dollars
($25) nor more than One Hundred Dollars ($ 100) for each day that
he fails to deliver the books and papers to the Mayor or to pay over
all moneys to the Treasurer.
(78 Del. Laws, c. 232, 5/1/2012)
In the absence of the Alderman, or when a vacancy occurs in
the office of Alderman, the Assistant Alderman shall exercise all
the powers, duties, and responsibilities of the Alderman as set forth
in this Charter. When a vacancy occurs for an Alderman and there is
no Assistant Alderman to act as Alderman, and the Delaware State Senate
is recessed for more than 6 weeks, the Town may elect to have a retired
Magistrate act as Alderman pending confirmation of a nominee with
the Delaware State Senate. Such retired Magistrate must meet the appointment
qualifications of 10 Del. C. Section 9211(a) to serve in such capacity,
and shall receive such compensation as may be established by the Town
Council. A retired Magistrate acting as Alderman shall have all powers,
duties, and responsibilities of the Alderman as set forth in this
Charter.
(78 Del. Laws, c. 232, 5/1/2012)
Any person appointed to serve as Alderman or Assistant Alderman
shall be at least twenty-one (21) years of age, a United States citizen,
of good character and reputation, shall live within Sussex County,
and shall not be a member of the Town Council or otherwise an officer
or employee of the Town of Dewey Beach.
(78 Del. Laws, c. 232, 5/1/2012)
Within 14 days of Senate confirmation the Alderman or Assistant
Alderman shall be sworn or affirmed by the Mayor to perform the duties
of office honestly, faithfully, diligently, and to uphold and enforce
the Charter of the Town of Dewey Beach and ordinances duly enacted
by the Town Council of the Town of Dewey Beach.
(78 Del. Laws, c. 232, 5/1/2012)
It shall be the duty of the Alderman and Assistant Alderman
to adjudicate actions brought under any ordinances legally enacted
or established by the government of the Town and to carry into effect
all legally binding orders and directions of the Town Council made
pursuant to any law of this State or its Constitution. In carrying
out the duties of the office, an Alderman or Assistant Alderman shall
comply with the ethical responsibilities required of Aldermen in this
state and shall operate the court in accordance with the Criminal
Rules of Procedure for the Alderman and Mayor Courts of the State
of Delaware.
(78 Del. Laws, c. 232, 5/1/2012)
The compensation of the Alderman and Assistant Alderman shall
be fixed by the Town Council and approved in conjunction with the
Town Council’s adoption of the Town operating budget. If no
change is proposed and approved by the Town Council, the previously
established compensation rate shall continue in effect until revised
by a majority vote of the Town Council. Such compensation shall not
be contingent upon or related to the amount of any civil or penal
fines imposed or collected through the Alderman Court and shall not
be reduced during the term of office.
(78 Del. Laws, c. 232, 5/1/2012)
The Town Council shall procure suitable records for the use
of the Alderman and the Assistant Alderman. Such records shall be
known as the “Alderman’s Docket”. The Alderman and
Assistant Alderman shall record all official acts and proceedings
in the Alderman’s Docket. All criminal matters, but not civil
matters, shall be entered into the Delaware Criminal Justice Information
System (DELJIS) as required by law.
(78 Del. Laws, c. 232, 5/1/2012)
The Alderman and Assistant Alderman shall have jurisdiction
and cognizance of all breaches of the peace, offenses and violations
of any civil or criminal ordinance of the Town committed within the
corporate limits of the Town of Dewey Beach. As to such offenses or
violations over which they are given jurisdiction by this Charter
or by any other law of the State of Delaware, the Alderman and Assistant
Alderman shall be authorized and empowered to hold for bail, set bail,
impose fines, or imprison, for each offense or violation in accordance
with the penalties provided by this Charter, by any Town Ordinance
enacted hereunder, or as provided by any law of the State of Delaware;
provided however, that the maximum fine which the Alderman or Assistant
Alderman may impose shall never exceed the limits established by this
Charter.
(78 Del. Laws, c. 232, 5/1/2012)
Neither the Alderman nor the Assistant Alderman shall impose
any penalty in excess of Five Hundred Dollars ($500) exclusive of
costs nor imprison any offender for more than thirty (30) days, or
both, except as otherwise specifically provided in this Charter or
by state statute; but the Alderman and Assistant Alderman may, in
addition to any other fine or term of imprisonment permitted to be
assessed or imposed, impose and collect such costs as are set by ordinance
or resolution of the Town Council.
(78 Del. Laws, c. 232, 5/1/2012)
The Alderman and Assistant Alderman shall prepare and submit
a written monthly report to the Town Council reporting all fines and
penalties imposed during the preceding calendar month and shall pay
to the Treasurer of the Town all such fines and penalties at such
times as the Town Council shall direct. Neither the Town Council nor
the Mayor may establish or communicate an expected revenue budget
for the Alderman Court.
(78 Del. Laws, c. 232, 5/1/2012)
The Town of Dewey Beach shall provide adequate and appropriate
facilities and staff to facilitate the independent judicial operations
of the Alderman Court. Facilities shall be separate from conflicting
town operations, including, but not limited to, police agency functions.
The town may house the Alderman Court in a common municipal building,
so long as the Alderman’s Court is provided space physically
separate from other town functions and is further situated in such
a manner to foster public confidence in the independence of the Court.
Likewise, staff assigned to the Court shall not be shared with conflicting
town government operations.
(a)
A remedy by distress as now prescribed by law is hereby
preserved to the Commissioners for the collection of any assessments,
fees, warrants or other charges for which they may be responsible.
(b)
At any time after the delivery of the duplicate annual
tax list or warrant or any other list of charges due the Town of Dewey
Beach, the Town Manager may in the name of the Commissioners of Dewey
Beach institute suit before any Court of the State of Delaware, in
any of the Counties of the State, for the recovery of the unpaid tax,
assessment, license fee, or other charge, in an action of debt, and
upon judgment obtained, may issue Writs of Execution as in case of
other judgments recovered. (70 Del. Laws, c. 191, 7/10/1995)
(c)
The said execution shall constitute a lien upon all
the personal property of the taxable within the County where the judgment
shall have been obtained, which by virtue of such execution shall
be levied upon within thirty (30) days after the issuance thereof,
and such lien shall have priority over all other liens against said
personal property created or suffered by the taxable, except such
liens thereon which may have been created in respect to County Taxes,
although such other liens be of date prior to the time of the attachment
of the said tax liens.
(d)
No taxes or assessments may be imposed on real or
personal property or tax or assessment rates changed unless approved
by referendum.
(a)
The fiscal year for the Town of Dewey Beach shall
begin April 1, and end March 31. (76 Del. Laws, c. 273, 6/30/2008)
(b)
Annually each year and not later than the last week
in February, the Commissioners shall prepare a rough draft of a Town
Budget. From this rough draft, the Town Commissioners of Dewey Beach
shall, not later than the second Saturday of March of each year, prepare
the Town Budget, containing the financial plan for conducting the
affairs of the Town for the ensuing fiscal year. (78 Del Laws,
c. 346, 7/18/2012)
(c)
The Budget shall contain the following information: (78 Del Laws, c. 346, 7/18/2012)
1.
A detailed
estimate showing the expense of conducting each department and office
of the Town for the ensuing fiscal year.
2.
The value
of supplies and materials on hand, together with the nature and kind
of machinery or other implements and the condition thereof.
3.
The amount
of the debt of the Town, together with a schedule of maturities of
bond issues, and the amount of any reserve funds.
4.
An itemized
statement of all other estimated expense to be incurred in the affairs
of the Town.
5.
A statement
of the amount required for interest on the bonded debt, the amount
necessary to pay any Bond maturing during the year and the amount
required for the "Sinking Fund" or "Sinking Funds".
6.
An estimate
of the amount of money to be received from taxes, assessments, and
all other anticipated income of the Town from any source or sources
whatsoever.
(d)
The Town Commissioners shall, so far as possible,
adhere to the Budget so adopted in the making of appropriations.
(a)
Not by way of limitation upon the power vested in
the Town Commissioners to exercise all powers delegated by this Charter
to the municipal corporation of the Town Commissioners of Dewey Beach
except as may expressly appear herein to the contrary, but, rather
by way of enumeration and for purposes of clarity, the Town Commissioners
are vested by this Charter with the following powers, which may be
exercised by said Commissioners in the interest of good government
and the safety, health, and welfare of the Town, its inhabitants and
affairs, that is to say:
1.
To provide for and preserve the health, peace, safety,
cleanliness, ornament and good order of the Town.
2.
To prohibit, or regulate all public sports, exhibitions,
shows, parades, productions, circuses or other public performances,
amusements, and games.
3.
To direct the digging down, draining, filling up,
cleaning, cutting, or fencing of lots, tracts pieces or parcels of
ground in the Town which may be deemed dangerous or unwholesome or
necessary to carry out any improvements authorized by this Charter.
4.
To provide for or regulate the numbering of houses
and lots on the streets, and the naming of streets and avenues.
5.
For the prevention of fire and the preservation of
the beauty of the Town, to regulate and control the number of buildings
or removal of dwelling houses and other buildings; to establish a
code for the same and to provide for the granting of permits for the
same; to establish a building line for buildings to be erected; zone
or district the Town and make particular provisions for particular
zones or districts with regard to building or building materials;
and, generally to exercise all the powers and authorities vested in
the legislative body of cities and incorporated towns under by the
Constitution and Laws of this State.
6.
To acquire, build, erect and maintain buildings and
facilities necessary or required for housing and equipping offices
for providing services for the Town.
7.
To regulate or prevent the use of guns, airguns, spring
guns, pistols, sling shots, beanshooters, and any other devices for
discharging missiles which might cause bodily harm or injury to property;
and to regulate or prevent the use of fireworks, bombs, and detonating
works of all kinds.
8.
To purchase, take and hold real and personal property
when sold for any delinquent tax, assessment, water rent, tapping
fee, charge growing out of abatement of nuisances and the like, laying
out and repairing sidewalks, or other charge due the Town and to sell
the same.
9.
To provide for the collection of and disbursement
of all monies to which the Town may become entitled by law, including
licenses and fines, where no provision for the collection and disbursement
thereof is otherwise provided in the Charter.
10.
To borrow money in the name of the Town for any proper
municipal purpose, and in order to secure the payment of the same,
to issue bonds or other kinds or forms of certificate or certificates
of indebtedness, pledging the full faith and credit of the Town or
such other security or securities as the Town Commissioners shall
select, for the payment of the principal thereof and the interest
due thereon, all of which bonds or other kinds or forms of certificates
of indebtedness issued by the Town shall be exempt from all State,
County or municipal taxes; provided, that in no event shall the indebtedness
of the Town, for any and all purposes, at any one time exceed in the
aggregate One million five hundred thousand dollars ($1,500,000). (68 Del. Laws, c. 354, 7/10/1992)
11.
To appropriate money to pay the debts, liabilities
and expenditures of the Town, or any part or item thereof, from any
fund applicable thereto, and to transfer temporarily money from one
fund to another fund of the Town in case of emergency.
12.
To inquire into and investigate the conduct of any
officer, office, agent, or employee of the Town or any municipal affair,
and for any such purpose or purposes may subpoena witnesses, administer
oaths or affirmations, and compel the attendance of witnesses and
production of books, papers or other evidence by summary process.
13.
To make, adopt and establish all such ordinances,
regulations, rules and by-laws, not contrary to the laws of this State
and the United States, as the Commissioners may deem necessary to
carry into effect any of the provisions of this Charter or any other
law of the State relating generally to municipal corporations or which
they may deem proper and necessary for the good government of the
Town, the protection and preservation of persons and property and
of the public health and welfare of the Town and its inhabitants,
or designed to prevent the introduction or spread of infectious or
contagious diseases, or to prevent nuisances affecting the same. The
fiscal year for the Town of Dewey Beach shall begin April 1, and end
March 31. (76 Del. Laws, c. 273, 6/30/2008)
a.
Qualified
voters of the Town of Dewey Beach, as more specifically defined in
Section 10(b) of this Charter, shall have the power to petition to
require reconsideration by the Commissions of Dewey Beach (hereinafter
‘the Commissioners’) of any adopted Ordinance and to approve
or reject it at a referendum election as provided herein: provided,
however, that such power of petition and referendum shall not extend
to the budget or capital program or any emergency ordinance or any
ordinance relating to the appropriation of money.
b.
A Referendum
Petition, signed by persons eligible to vote in the annual municipal
election as prescribed in this Chapter equal in number to at least
thirty-three and one third percent (33 1/3%) of the total number of
voters who voted in the annual municipal election immediately preceding
the execution of the Referendum Petition with the local address of
the person so signing, or three hundred (300) such persons as aforesaid,
whichever is greater, and authenticated in accordance with subsection
c, below, shall be presented to the Commissioners of Dewey Beach at
the next regular meeting of the Commissioners following the date of
adoption of the ordinance sought to be reconsidered, or the Petition
shall fail and it shall not be the subject of a referendum. If there
are less than twenty-eight (28) days from the date of the adoption
of the Ordinance sought to be reconsidered until the next regular
meeting of the Commissioners, the Petition for Referendum shall be
presented at the first regular meeting following the expiration of
the said twenty-eight (28) day period or the Ordinance sought to be
reconsidered shall not be the subject of a referendum. Each copy of
such petition shall contain and have attached thereto throughout its
circulation the full text of the ordinance sought to be reconsidered.
c.
Each
original Referendum Petition shall have attached to it, when filed,
a sworn, validly notarized affidavit executed by the circulator of
the petition stating that he or she personally circulated the petition,
the number of signatures thereon, that all signatures were affixed
in his or her presence, that he or she believes them to be the genuine
signatures of the persons whose names they purport to be, that each
such person who signed it is qualified to sign the petition and that
each signer had an opportunity, before signing, to read the full text
of the ordinance sought to be reconsidered. In addition, if the circulator
of the petition sends the petition to a qualified signer to sign not
in the presence of the circulator, the qualified signer signature
shall be notarized.
d.
Within
twenty (20) days after the petition is filed with the Commissioners
at a regular meeting, the Town Manager shall complete a certificate
certifying its sufficiency or specifying any insufficiency, and shall
promptly send a copy of the certificate to the circulator of such
petition or the acknowledged representative of the Petitioners by
certified mail with return receipt requested. A petition certified
insufficient for lack of the required number of valid signatures may
be amended one (1) time if the circulator files a Notice of Intention
to Amend with the Town Manager within two (2) days after receiving
a copy of the certificate and files a supplementary petition upon
additional papers within five (5) days after receiving the copy of
such certificate. Such supplementary petition shall comply with the
requirements of this Section concerning form, content, and the affidavit
of the circulator. Within five (5) days after a supplemental petition
is filed, the Town Manager shall complete a certificate as to the
sufficiency of the supplemental petition, as amended, and shall promptly
send a copy of such certificate to the circulator by certified mail
with return receipt requested, as in the case of the original petition.
e.
If
a petition has been certified to be insufficient and the circulator
has not filed Notice of Intention to amend, or if an amended petition
has been certified insufficient, the circulator may, within two (2)
days after receiving the copy of such certificate, file a request
that it be reviewed by the Commissioners. The Commissioners shall
review the certificate at the next regular meeting following the filing
of such request and approve or disapprove it, and the determination
of the Commissioners as to the sufficiency of the petition shall be
final.
f.
Any
person or persons, jointly or severally, aggrieved by the decision
of the Commissioners may present to the Superior Court of the State
of Delaware, a petition duly verified, setting forth that such decision
is invalid, in whole or in part, specifying the grounds of such invalidity.
Such petition shall be presented to the Court within thirty (30) days
following the determination by the Commissioners as to the insufficiency
of such petition. Upon presentation of the petition, the Court may
allow a Writ of Certiorari directed to the Commissioners to review
such decision of the Commissioners and shall prescribe therein the
time within which a return thereto must be made and served upon the
petitioner or their attorney, which shall not be less than ten (10)
days and may be extended by the Court. The allowance of the Writ shall
stay proceedings upon the decision or determination appealed from.
The Court may reverse or affirm, wholly or partly, or may modify the
determination brought up for review.
g.
Upon
the filing of the Petition for a Referendum with the Town Manager,
the ordinance sought to be reconsidered shall not be stayed or suspended
from taking effect, and such Petition for a Referendum shall terminate
upon the happening of any of the following events:
(1)
There is a final determination of insufficiency of the Petition;
or
(2)
The Petition is withdrawn by the circulators thereof or sufficient
copies thereof are withdrawn so that there are insufficient numbers
of signatures as required by this Section; or
(3)
The Commissioners repeal the ordinance; or
(4)
Thirty (30) days have elapsed after a vote by the voters on the ordinance;
or
(5)
There is a final determination by the Superior Court.
h.
The
Commissioners shall reconsider the referred ordinance at the first
regular meeting after the Petition for a Referendum has been finally
determined to be sufficient. If the Commissioners determine not to
repeal the referred ordinance, the referred ordinance shall be submitted
to the voters of the Town of Dewey Beach at an election.
i.
The
vote of the eligible voters on a referred ordinance shall be held
not less than thirty (30) days and no later than sixty (60) days from
the date the Commissioners determined not to repeal the referred ordinance.
If the Annual Municipal Election is to be held within the period prescribed
in this Section, such referendum shall be considered as part of that
election. If the Annual Municipal Election is not to be held within
the period prescribed in this Section, the Commissioners shall provide
for a special election. If the Commissioners fail to hold a referendum
within the time specified in this Section, the ordinance for which
the petition was filed shall be deemed to be repealed at the expiration
of sixty (60) days from the date that the Commissioners determined
not to repeal the referred ordinance and such ordinance shall not
be passed in the same form for a period of one (1) year from the effective
date of repeal.
j.
The
notice of the time and place of holding the said Special Election
shall be printed in at least two (2) issues of a newspaper having
a general circulation in the Town of Dewey Beach within thirty (30)
days immediately preceding the date of the Special Election.
k.
In all electoral proceedings, the Special Election shall be conducted in the manner of the annual election and the Election Judge and Election Board, as specified in Section 10 of this Charter and in Chapter 48 of the Code of Dewey Beach, shall oversee the proceedings of the election and have the authority and power to conduct the election.
l.
Immediately
after the closing of the polling place or places, the Election Board
shall count the ballots for and against the proposition as presented,
and shall announce the results thereof. The Election Board shall make
a certificate under their hands of the number of votes cast for and
against the proposed ordinance and the number of void votes, and shall
deliver the same to the Commissioners. The said certificate shall
be filed with the Office of the Town Manager.
m.
The
form of the ballot of the said Special Section shall be as follows: (78 Del Laws, c. 346, 7/18/2012)
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( )
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For the Referred Ordinance
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( )
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Against the Referred Ordinance
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n.
If
the majority of the voters voting on a referred ordinance vote against
such ordinance, it shall be considered repealed upon the certification
of the result of the election by the Election Board. No ordinance
which has been repealed as the result of a referendum shall be passed
again in the same form by the Commissioners of the Town of Dewey Beach
for a period of one (1) year from the date of the referendum.
o.
The
Commissioners may, in their sole discretion, elect to adopt an ordinance,
except for an ordinance specified not to be the subject of a referendum
proceeding in subsection a, hereinabove, subject to a referendum.
In such event, the Commissioners shall, at the same time such ordinance
is adopted, include in the language of said ordinance that such ordinance
shall be the subject of a referendum. Upon the passage of the ordinance
adopted subject to a referendum, such ordinance shall be suspended
from taking effect until thirty (30) days after the results of the
referendum, such referendum are returned indicating that the ordinance
is approved by referendum. (78 Del Laws, c. 346, 7/18/2012)
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Nothing contained herein shall operate so as to require the
Commissioners to exercise their discretion to submit any ordinance
to a referendum; and nothing contained herein shall operate to restrict
the right of the eligible voters of the Town of Dewey Beach to initiate
a referendum pursuant this Section. However, the decision of the Commissioners
to submit an ordinance to a referendum shall, in the case of such
ordinance, constitute the only referendum to which such ordinance
shall be subjected; and there shall be no right to subject such ordinance
to an additional referendum. (78 Del Laws, c. 346, 7/18/2012)
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14.
The Commissioners of the Town of Dewey Beach shall
have the authority to raise funds by charging a fee to owners of vehicles
which are parked in the streets and other areas accessible to the
public.
15.
The Commissioners of the Town of Dewey Beach shall
have the authority to grant licenses and impose fees for licenses,
issue permits, and regulate any activity within the corporate limits
specifically including any beach property whether previously dedicated,
owned by the State of Delaware, or the Town, except as subsection
(b) of this section may apply.
16.
To levy
and collect tax upon the renting or leasing of residential property
located within the municipal boundaries of Dewey Beach, except that
no accommodations tax for a residential rental shall be collected
upon a valid rental agreement or valid lease agreement with an initial
term of at least one (1) year. The accommodations tax on a residential
rental shall be as set from time to time by the Commissioners of Dewey
Beach, but not to exceed three percent (3%) of the rent or lease amount
unless approved by referendum. This residential rental accommodations
tax does not apply to the rental or lease of any property being assessed
a public accommodation lodging excise tax under Chapter 61 of Title
30. (77 Del. Laws, c. 29, 5/18/2009)
(b)
Notwithstanding any provision in this Section or in
this Act to the contrary, the Town Commissioners shall have no power
or authority to impose or require any fee, tax, license or permit
regarding use of the beaches by persons for individual recreational
purposes.
(a)
In the collection of license fees, charges growing
out of abatement of nuisances, or other charges due the Town and authorized
to be levied and charged against the owner or owners of property within
the Town, the collection thereof shall be under the supervision of
the Town Manager. It shall be the duty of the Town Manager to collect
all such rentals, bills, fees, and charges. He shall, in conjunction
with the police force keep the Commissioners advised as to any and
all failures or neglects to pay the same.
(b)
In respect to the amount of any such license fees,
charges growing out of abatement of nuisances, laying out and repairing
sidewalks, or other charges due the Town and authorized to be levied
and charged against the owner or owners of property within the Town,
and which owner or owners of property within the Town shall have failed
or neglected to apply the same within the time prescribed by the provisions
of this Charter, or a duly adopted Ordinance of said Town and should
the required procedure, if any there be, have been complied with as
regards the imposition thereof against such owner or owners, the Town
Commissioners shall issue a warrant to the Town Manager directing
him to collect the same against the person or persons, firm or firms,
corporation or corporations from which it shall be due, together with
interest from the due date and other charges attendant thereto. Thereafter,
from the date of the issuance of any such warrant or warrants, the
amount or amounts therein provided shall be and constitute liens upon
the respective property or properties of such owner or owners upon
which or for which any such rentals, bills, fees or other charges
shall have been made and such liens shall, for a period of two (2)
years from the date of such warrant or warrants, have priority over
any liens, encumbrances or conveyances except tax liens, general or
special sewer assessment liens and prior liens of a like nature.
(c)
Nothing contained in this Section shall be construed
as a limitation upon the Commissioners of Dewey Beach to establish
and fix fines, or other penalty, in a proper case, for neglects or
failures nor shall any fines imposed by a judicial officer with reference
to any such neglects so enrolled or failures be construed as being
within the provisions hereof. (70 Del. Laws, c. 191, 7/10/1995)
(a)
In addition to the power to impose fines and penalties
for the maintenance of obstructions, nuisances, and unsanitary conditions,
as those terms may be defined by the Commissioners, if the Commissioners
either upon their own inspection or upon information obtained from
the Town Manager or Police Force, shall deem that such obstruction,
nuisances, or unsanitary condition ought to be removed or abated as
the case may be, the Commissioners shall enact an ordinance or adopt
a resolution or both, to that effect and thereupon shall direct the
Town Manager to forward, to the person or persons continuing or causing
such obstruction, nuisances, or unsanitary condition, or to the person
or persons who are responsible for its existence or continuance, by
the mails of the United States, in a sealed wrapper addressed to his
or their last and best known post office address, a notice to remove
or abate the same as soon as may be possible. If such person or persons
refuse or neglect, for the space of five (5) days after such notice
is mailed, to remove or abate the same, the Commissioners may have
a warrant issued in the name of the Commissioners of Dewey Beach.
The warrant shall command him forthwith to remove or abate such obstruction,
nuisance, or unsanitary condition. The Town Manager shall forthwith
proceed to remove or abate the same and, to that end, he shall have
full power and authority to enter into and upon any lands and premises
in the Town. He shall likewise have the authority to take with him
such assistants, implements, vehicles or other things as may be necessary
and proper to do and perform all matters and things in connection
with the removal or abatement of such obstruction, nuisance, or unsanitary
condition.
(b)
At the meeting of the Town Commissioners next succeeding
the delivery of the warrant to him, the Town Manager shall make a
return to the Commissioners of his proceedings upon the warrant and
shall specify the costs and expenses of all necessary work, labor,
and proceedings incurred by him in the abatement or the removal of
the same.
(c)
At such meeting, the Commissioners shall determine,
from the return of the Town Manager, the costs and expenses of all
necessary work, labor, and proceedings in reference to the abatement
or removal of such obstruction, nuisance or unsanitary condition.
The Commissioners shall issue or have issued a warrant, containing
an itemized account of that information, together with the name and
last and best known address of the person from whom the Commissioners
shall determine the amount to be due and shall deliver such warrant
to the Town Manager. The warrant shall command him forthwith to collect
the amount stated to be due thereon from the person or persons designated
therein. The Town Manager shall forward to such person or persons,
in a sealed wrapper, a true and correct copy of the warrant by depositing
the same in the United States mails and addressed to such person's
or persons' last and best known post office address. If such person
or persons shall refuse or neglect to pay the same to the Town Manager
for the use of the Town within thirty (30) days from the date of the
mailing of such true and exact copy of the warrant, the Town Manager
shall then be authorized and required to collect the same in any of
the manners hereinbefore provided. (70 Del. Laws, c. 191, 7/10/1995)
(a)
The Commissioners of Dewey Beach may borrow money,
which in the aggregate shall not exceed One million five hundred thousand
dollars ($1,500,000), and to secure the payment of the same, is hereby
authorized and empowered to issue bonds or other kinds or forms of
certificate or certificates of indebtedness pledging the full faith
and credit of the Town of Dewey Beach, or such other security or securities
as the Commissioners shall elect, for the payment of the principal
thereof and the interest due thereon. (69 Del. Laws, c. 45,
6/25/1993)
(b)
All bonds or other kinds or forms of certificate or
certificates of indebtedness issued by the Commissioners of Dewey
Beach in pursuance hereof shall be exempt from all State, County or
municipal taxes.
(c)
This power or authority to borrow money may be exercised
by the Commissioners of Dewey Beach to provide funds for, or to provide
for the payment of, any of the following project or purposes:
1.
Refunding any or all outstanding bonds or other indebtedness
of the Town at the maturity thereof or in accordance with any callable
feature or provision contained therein;
2.
Meeting or defraying current annual operating expenses
of the Town in an amount equal to but not in excess of currently outstanding,
due and unpaid taxes, water rents, license fees, or other charges
due the Town and available, when paid, for meeting or defraying current
annual operating expenses of the Town;
3.
Erecting, extending, enlarging, maintaining, and repairing
any plant, building, machinery, or equipment or purchasing of any
lands, easements and rights-of-way which may be required therefore;
4.
Defraying the cost to the Town of any other municipal
improvement provided for or authorized or implied by the provisions
of this Charter.
(d)
In those cases where the power or authority hereby
vested in the Commissioners of Dewey Beach is sought to be exercised
for the purpose of refunding any or all outstanding bonds or other
indebtedness of the Town at a rate of interest equal to or less than
the indebtedness thereby sought to be refunded and in all instances
provided for in subparagraph 2 above, it shall not be necessary for
the Commissioners of Dewey Beach to call a special election of the
taxables of the Town to secure their approval of such borrowing.
(e)
In all other instances the power to borrow money and
to secure the payment thereof by the issuance of bonds or other kinds
or forms of certificate or certificates of indebtedness for any other
purpose or purposes above specified shall be only exercised in the
following manner.
(a)
All contracts for the purchase of materials or for
the furnishing of services authorized or permitted by this Charter
shall be awarded to the bidder submitting the lowest and best bid;
provided, however, that competitive bidding shall not be required
in any of the following circumstances:
1.
The aggregate amount involved is not more than Two
Thousand Dollars ($2,000.00);
2.
The purchase or contract is for personal or professional
services;
3.
The purchase or contract is for any service rendered
by a university, college or other educational institution;
4.
The purchase or contract is for any service to be
rendered by the State of Delaware or any political subdivision thereof;
5.
The purchase or contract is for property or services
for which it is impracticable to obtain competition;
6.
The public exigency as determined by the Town Commissioners
will not permit the delay incident to advertising,
7.
The materials to be purchased are to be used to complete
a project under the supervision of the Town Manager;
8.
The purchase or contract is for property or services
for which the Commissioners determine the prices received after competitive
bidding are unreasonable as to all or part of the requirement or were
not independently reached in open competition;
9.
A public emergency as determined by the Commissioners
exists.
No action, suit or proceeding shall be brought
or maintained against the Town of Dewey Beach for damages, either
compensatory or punitive, on account of any physical injury or injuries,
death or injury to property by reason of the negligence of the Town
Commissioners of Dewey Beach or any of its departments, officers,
agents, or employees thereof, unless the person by or on behalf of
whom such claim or demand is asserted within ninety (90) days from
the happening of such injury or the suffering of such damage, shall
notify the Commissioners of Dewey Beach in writing of the time, place,
cause, character and extent of the injuries sustained so enrolled
or damages suffered. Any suit brought against the Commissioners of
Dewey Beach shall be against them only in their capacity as representatives
of the Town Government and not as individuals.
It shall be the duty of the Commissioners, at
reasonable times, or time, to compile the ordinances, codes, orders,
and rules of the Commissioners of Dewey Beach. They shall have a reasonable
number of copies printed for the use of the officials of the Town
and for public information. From time to time, upon the enactment
of new ordinances, codes, rules and regulations, or upon the enactment
of amendments to the same, the Commissioners shall enroll the same
in the minutes of the Town Commissioners and shall keep copies of
the same in a book to be provided for that purpose so that the same
may be readily examined. They shall furnish to the Mayor of the Town
of Dewey Beach copies thereof as they are enacted; and therefrom may
cause supplements to be compiled and printed to any compendium thereof
heretofore printed as above provided. The Commissioners may provide
for indemnification of elected and appointed official from liability
arising out of their acts performance in good faith on behalf of the
Town.
The Commissioners of Dewey Beach shall have
the power to inquire into and investigate the conduct of any office,
officer or employee of the Town and to make investigations of all
municipal affairs, and, for any such purpose or purposes, shall have
the power to subpoena witnesses, administer oaths and compel the production
of books, papers or other evidence.
(a)
All powers conferred upon or vested in the Town of
Dewey Beach or the Commissioners of Dewey Beach by any Act or Law
of the State of Delaware not in conflict with the provisions of this
Charter, are hereby expressly conferred upon and vested in the Town
of Dewey Beach and/or the Commissioners of Dewey Beach precisely as
if each of said powers was expressly repeated in this Charter.
(b)
Excepting as may be herein provided expressly to the
contrary, every and all Sections or parts of Sections of this Act
shall become effective immediately upon its approval.
(c)
The authority vested in the Commissioners of Dewey
Beach and the taxables of the Town of Dewey Beach by Section I of
this Act shall apply with equal force and effect to all loans which
may be required to raise funds necessary to replace and/or repair
all such public property or estate as might have been so destroyed
or damaged at a time or times preceding the enactment and approval
of this Act as well as at a time or times after the date of the enactment
and approval hereof.
(d)
All acts or part of acts inconsistent with or in conflict
with the provisions of this Act are hereby repealed to the extent
of such inconsistency only.
(e)
If any part of this Act shall be held invalid or unconstitutional,
such holding shall not, be deemed to invalidate the remaining provisions
hereof.
(f)
This Act shall be taken as and deemed to be a public
act of the State of Delaware.
This Act shall become effective on being signed
into law by the Governor of the State of Delaware.
(76 Del. Laws, c. 273, 6/30/2008)
Except for lotteries as conducted by the State and nonprofit
charitable gaming as permitted by State Law, gambling shall be prohibited
within the Town limits.
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Approved June 29, 1981.
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(63 Del. Laws, c. 59, 6/29/1981; 65 Del.
Laws, c. 255; 68 Del. Laws, c. 354; 69 Del. Laws, c. 45; 70 Del. Laws,
c. 191; 72 Del. Laws, c. 425; 74 Del. Laws, c. 369, 7/19/2004; 74
Del. Laws, c. 370, 7/19/2004; 76 Del. Laws, c. 273, 6/30/2008 77 Del.
Laws, c. 29, 5/18/2009; 77 Del. Laws, c. 42, 6/16/2009, 78 Del. Laws,
c. 232, 5/1/2012; 78 Del. Laws, c. 346, 7/18/2012)
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