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Town of Dewey Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (28) Index Notes (1)
[Amended 4-10-2010 by Ord. No. 677]
The provisions of this chapter shall apply to all violations of any provision of the Municipal Code of the Town of Dewey Beach that has been declared a civil offense provision by reference to this chapter or by inclusion in this chapter.
[Amended 5-8-2009 by Ord. No. 658; 3-17-2016 by Ord. No. 727; 4-9-2016 by Ord. No. 729]
A. 
Any police officer, lifeguard captain, lifeguard lieutenant, lifeguard, parking enforcement officer, code enforcement officer, building official, Town Manager, or any employee authorized by the Town Manager is authorized to make an administrative stop for purposes of enforcing any provision of the Municipal Code of the Town of Dewey Beach that has been designated as a civil offense provision, upon a reasonable and articulable suspicion that a violation of such provision of the Municipal Code of the Town of Dewey Beach has occurred.
B. 
Any police officer, lifeguard captain, lifeguard lieutenant, lifeguard, parking enforcement officer, code enforcement officer, building official, Town Manager or any employee authorized by the Town Manager is authorized to issue a citation to any person violating any provision of the Municipal Code of the Town of Dewey Beach that is designated as a civil offense provision.
C. 
Any citation issued pursuant to this chapter may be delivered in person, left at the person's last known address or place of business, or sent by United States mail to the person's last known address or place of business. If a person who receives a summons for a violation of the Municipal Code of the Town of Dewey Beach that has been designated a civil offense fails to appear in Alderman's Court, the Alderman may enter a default judgment in accordance with the Civil Rules of the Justice of the Peace Courts for the State of Delaware. Any appeal or request to vacate a default judgment shall be subject to the Civil Rules of the Justice of the Peace Courts for the State of Delaware.
A. 
Separate civil and criminal proceedings may be instituted where both civil and criminal offenses occur in the same incident.
B. 
Any violation designated a civil offense shall not be prosecutable as a criminal offense.
[Amended 6-12-2009 by Ord. No. 662]
A. 
Voluntary assessment for violations brought under this chapter shall be governed by Chapter 1, Article II, § 1-14 (Fines, voluntary assessment and court costs).
B. 
Any person found responsible for committing a civil offense in Alderman's Court shall pay court costs of $50 in addition to the amount in Subsection A of this section.
C. 
Any person responsible for committing a civil offense who, within 15 days of the receipt of a citation issued pursuant to this chapter, has neither paid a voluntary assessment nor requested a court hearing shall be responsible for paying a civil assessment of $50, or such amount as specified in the provision of the Municipal Code of the Town of Dewey Beach violated, and the Town may proceed to collect the same as it would any other obligation due the Town.
This chapter shall not be deemed to impair or limit the rights of the Town of Dewey Beach to seek full restitution and pursue any and all legal and equitable remedies against any person for any harm suffered by the Town of Dewey Beach.