[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.
[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.