Town of Dewey Beach, DE Article II Offenses Against Public Order

[Added 4-10-2010 by Ord. No. 677]

§ 80-6 Alcoholic beverages in public.

A. No person, during the summer season, shall carry an alcoholic beverage in an open container or consume any alcoholic beverage on the streets or other public areas of the Town.

B. No person shall possess an alcoholic beverage on the beach during the summer season.

C. Having alcoholic beverages in public is a civil violation.

§ 80-7 Commercial activity on streets and beach.

A. No person shall conduct any commercial activity on any street or public right-of-way. No person shall conduct any commercial activity on the beach during the summer season, unless pursuant to a contract with the Town.

B. Unlawfully conducting commercial activity is a civil violation

§ 80-8 Littering; animal waste.

A. No person shall litter in any manner within the corporate limits of the Town.

B. No person, owner, landlord, tenant, occupant or other person in charge of or having responsibility over real property or improvements thereon shall cause, allow or permit to occur any accumulation of trash, debris or other condition which is a nuisance or danger to public health or safety. Any person who fails to correct such a condition within 24 hours after receiving written notice thereof from the Town or any official thereof shall be guilty of aggravated littering and shall, upon conviction, be fined not less than $50 nor more than $100 per day of continuing violation.

C. It shall be an affirmative defense if the defendant can show that he did not cause the condition and, after receiving notice thereof, made a continuing good faith effort to correct the condition.

D. No owner and/or custodian shall permit any dog or other domesticated animal to defecate on any public area, property of another, or upon the beach, dune areas or beach walkways unless the feces is immediately removed, placed in a plastic bag or other sealed container and deposited in a trash container. Owners and/or custodians may not dispose of dog excrement in any manner that would likely result in contamination of the waters of the ocean or bay. Violation of this provision shall be deemed a civil violation, the sentence for which offense shall be $95 for the first offense and $200 for each offense thereafter.

[Amended 4-6-2013 by Ord. No. 700]

E. Littering is a civil violation.

§ 80-9 Sleeping in vehicles.

A. No person shall sleep in, lie in, or otherwise use for sleeping quarters any vehicle parked on any street or other public place.

B. Sleeping in a vehicle is a civil violation.

§ 80-10 Failure to acquire dog license.

A. Any person, persons, or entity who owns, keeps, harbors, or maintains or who allows on the beaches or who allows to run at large within the boundaries of the Town of Dewey Beach, a dog or dogs over the age of four months shall acquire either a license that is temporary or that is for the life of the dog, as specified in the schedule of fees adopted by the Commissioners of the Town of Dewey Beach, and said person shall be required to either affix a license tag issued by the Town to each licensed dog or be in close proximity to such dog or dogs and carry with them a tag or a copy of the Dewey Beach license certificate. The date of the last rabies vaccination will be required when applying for a license. A license shall not be required for any canine which is validly registered as a Seeing Eye dog or similar registry to assist a handicapped individual, which dog is being handled by such individual, or for a canine actively being used in the enforcement of the Town of Dewey Beach, State of Delaware, Armed Forces, or federal law enforcement. Violation of this provision is declared to be a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach, and shall be subject to an assessment of $25 for the first offense and $50 for each offense thereafter.

[Amended 4-6-2013 by Ord. No. 700]

B. Failing to acquire a dog license is a civil violation.

§ 80-11 Animal noise.

A. Definitions.[1]

[1] Editor's Note: Pursuant to Ord. 724, adopted 1-9-2016, all definitions throughout the Code were transferred to Ch. 1, Art. III, Definitions.

B. Keeping of noisy dogs, cats, or other animals prohibited. It shall be unlawful for any person knowingly to keep any dog that continually barks, howls, whines or yelps, or any cat which habitually screams or howls, or any other animal which causes noise in such manner as to materially disturb or annoy any person in the neighborhood who is of ordinary sensibilities. A Dewey Beach police officer shall be deemed to be a person of ordinary sensibilities for the purposes of this section.

C. Complaints to Town of Dewey Beach Police Department. Whenever any person shall complain to the Dewey Beach Police Department that a dog which habitually barks, howls, whines or yelps, or a cat which habitually screams or howls or any other animal which causes unreasonable noise is being kept by any person in the Town of Dewey Beach, any Dewey Beach police officer may investigate the complaint.

D. Notice of violation to owner; contents. Upon a finding by an officer of the Dewey Beach Police Department that a dog which habitually barks, howls, whines or yelps, or a cat which habitually cries or howls, or any other animal which causes unreasonable noise is being kept by any person in the Town of Dewey Beach in such manner as to materially disturb or annoy any person in the neighborhood who is of ordinary sensibilities, the officer shall contact the owner of record of the property as shown on the tax assessment records of the Town, or the lessee of such property or the occupant of such property or the known owner of the animal and direct that person to take whatever steps are necessary to alleviate the howling, whining, yelping or crying of the animal immediately following receipt of such contact.

E. Failure of the property owner, the lessee of such property or the occupant of such property to immediately alleviate the offensive noise shall be a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach, and shall be subject to an assessment of $150 for each offense.

F. Additional remedy. In addition to any other remedy provided for in this section and because the purpose of this section is to safeguard and protect the public health, safety and general welfare of the property owners and residents of the Town of Dewey Beach, the Town Manager is hereby authorized to bring a civil action for injunction in any court of competent jurisdiction to enjoin any violation of any provision of this section.

G. Offenses for animal noise are a civil violation.

§ 80-12 Smoking.

[Added 5-11-2013 by Ord. No. 702]

A. Definitions.[1]

[1] Editor's Note: Pursuant to Ord. 724, adopted 1-9-2016, all definitions throughout the Code were transferred to Ch. 1, Art. III, Definitions.

B. Smoking is prohibited at all times in the following areas:

(1) Town parks.

(2) Beaches, dunes, and beach access walkways.

C. Signage. The Town shall place signs visible to the public in appropriate areas at or near the entrance(s) to those areas where smoking is prohibited.

D. Enforcement. Smoking on the beaches or in Town parks is a civil violation. Fines will be doubled for anyone who deposits or throws butts onto the dunes.

§ 80-13 Urinating in public.

[Added 5-14-2013 by Ord. No. 705]

A. Definitions.[1]

[1] Editor's Note: Pursuant to Ord. 724, adopted 1-9-2016, all definitions throughout the Code were transferred to Ch. 1, Art. III, Definitions.

B. Urinating in public is prohibited at all times within the municipal limits of the Town of Dewey Beach.

C. Enforcement. Urinating in public within the Town limits is a civil violation. Fines will be doubled for an individual who violates this section twice within 365 calendar days.

§ 80-13.1 Personal use quantity of marijuana.

[Added 7-8-2016 by Ord. No. 734]

A. Any person who knowingly or intentionally possesses, uses, or consumes a personal use quantity of marijuana, as defined in Title 16, § 4701, of the Delaware Code, shall be assessed a civil penalty of $200, and the marijuana shall be forfeited, provided that the violation can be classified as a civil offense under Title 16, § 4764, of the Delaware Code.

B. Any person who uses or possesses drug paraphernalia, as defined in § 85-4771 of the Dewey Beach Code, for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of $200, except that any person charged under Subsection A of this section shall not also be charged with this offense if in possession of drug paraphernalia pertaining to the use of marijuana.

§ 80-13.2 Underage possession or consumption of alcoholic beverages.

[Added 5-14-2021 by Ord. No. 766]

Whoever, being under the age of 21 years, has alcoholic liquor in his or her possession at any time, or consumes or is found to have consumed alcoholic liquor, shall be fined $100 for the first offense and not less than $200 nor more than $500 for each subsequent offense. A first and second violation of this subsection is a civil offense. Information concerning this civil offense may not appear on an individual's certified criminal record. This section shall not apply to the possession or consumption of alcoholic liquor in connection with any religious service or by members of the same family within the private home of any of said members.