Town of Fenwick Island, DE
Sussex County
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A. 
The Town Council has determined that at various times, particularly during the late spring and summer, the occupants or users of some dwelling units in the Town of Fenwick Island use those dwelling units for the purpose of engaging in disorderly and disruptive conduct, loud and disturbing noises, public intoxication and other violent and tumultuous behavior. The Town Council has also determined that a number of persons in legal possession of dwelling units in the Town of Fenwick Island are engaging in the practice of allowing such dwelling units, designed for occupancy by essentially single families, to be occupied or used by groups of persons, frequently but not necessarily comprised of minors with insufficient adult supervision. The Town Council has further determined that these practices encourage incidents of disorderly conduct, loud and disturbing noises, public intoxication, violent and tumultuous behavior, disturbing the peace and other similar acts which are detrimental to the public health, safety, peace and welfare of the Town.
B. 
The Town Council has further determined that the persons entitled to lawful possession of such premises who fail to take appropriate measures to prevent recurrences of such incidents after due notice of previous disturbances by persons occupying or using the premises must be held responsible for allowing such conduct to occur on those premises.
C. 
It is, therefore, declared to be the purpose and intent of this article to prohibit the use of dwelling units in the Town of Fenwick Island for disorderly and other disruptive conduct by imposing civil penalties not only upon the occupants and/or users of such premises but also by imposing civil penalties on those persons in possession of any premises in the Town who, after notice of a previous conviction for conduct proscribed by this article, fail to take appropriate actions to prevent a subsequent violation.
Any person occupying or present on a premises who by himself or in concert with other occupants and/or users causes public inconvenience, annoyance or alarm to any other person or persons or who creates an unreasonable risk thereof by engaging in or causing any of the following conduct shall be violating this article:
A. 
Making, creating or permitting any unreasonably loud, disturbing and unnecessary noise or making, creating or permitting any noise of such character, intensity or duration as to be detrimental to the life, health and welfare of any person or which disturbs, injures or endangers the comfort, repose, peace or safety of any individual. By way of example and not in limitation, the following shall be deemed to be unreasonably loud, disturbing and unnecessary noises:
(1) 
Playing any radio, phonograph, tape deck or musical instrument in such a manner or at such a volume, particularly between the hours of 12:00 midnight and 8:00 a.m., as to annoy or disturb the quiet, comfort or repose of any person in any other dwelling unit, apartment or commercial lodging room.
(2) 
The blowing of any horn, whistle or signal device, except as a danger signal, for an unreasonable and unnecessary period of time.
(3) 
Yelling, shouting or singing at such volume as to be plainly and disturbingly audible to the human ear outside the premises.
A. 
Any person(s) entitled to lawful possession who, after notice as herein provided, allows, permits or fails to take affirmative action to prevent repeated violations of this article shall be deemed to be promoting the use of a dwelling unit for disorderly or other disruptive conduct in violation of this article.
B. 
A person(s) in lawful possession shall be presumed to have allowed, permitted or failed to take affirmative action to prevent repeated violations of this article where a violation of § 77-9 of this article occurs after such person entitled to lawful possession has, within the past three months, previously been provided actual notice by the Fenwick Island Police Department of a previous conviction for conduct proscribed by § 77-9 of this article.
C. 
"Actual notice," as used in Subsection B, shall mean verbal or written notice to one or more of the person(s) entitled to legal possession. If written notice is attempted, it shall be deemed effective by mailing a written notice thereof to the person entitled to lawful possession at his or her last known mailing address by certified mail, return receipt requested, with proper postage affixed. If such notice comes back undelivered (except refused), the Town shall exercise reasonable efforts to provide actual notice by some other means.
D. 
In the case of a single-family residential property subject to a rental license, oral and written notice of each such violation shall be given to the recorded license holder and his/her realtor within five business days. The license may be revoked if there have been three oral and written notices during a calendar year of violation of § 77-9 of this chapter. Such license revocation may be immediate or deferred to the entire rental season for the following year, or both.
Any person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine of $200. Each day that a person continues to violate the provisions of this article shall be deemed a separate offense.