[Added 4-10-2010 by Ord. No. 677]
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.
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
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.
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.
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.
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.
[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.
[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.
[Added 7-8-2016 by Ord. No. 734; amended 5-17-2024 by Ord. No. 838]
A. 
Any person under 21 years of age who knowingly or intentionally possesses, uses, or consumes a personal use quantity of marijuana, as defined in 16 Del. C. §§ 4701 and 4714, shall be assessed a civil penalty of $100 for the first violation and civil penalty of not less than $200 and not more than $500 for a second violation, and is guilty of an unclassified misdemeanor and shall be fined $100 for a third and subsequent violations of this subsection. A peace officer having reasonable grounds to believe that a juvenile has committed a violation of this subsection may issue the juvenile a civil citation.
B. 
Possession for personal use of marijuana. Any person under the age of 21 who uses or possesses drug paraphernalia, as defined by 16 Del C. § 4701, for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100, in addition to such routine assessments necessary for the administration of civil violations.
[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.
[Added 7-18-2025 by Ord. No. 864]
A. 
Curfew hours; exceptions.
(1) 
No minor shall remain in or upon any public place between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official Town time.
(2) 
The provisions of this section shall not apply to any minor who is accompanied by a parent, or to a minor who is upon legitimate business directed by such minor's parent or to any minor who is engaged in gainful, lawful employment, or en route directly to or from employment, during the curfew hours.
(3) 
This section shall not apply when a minor is returning home by way of a direct route from any work or recreational activity that is sponsored by an educational, religious, governmental or nonprofit organization when such returning is within 60 minutes following the termination of the activity.
B. 
Unlawful conduct of parents.
(1) 
No parent shall knowingly permit any minor to remain in or upon any public place between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official Town time. Any parent who has received the notice of a minor's having been issued a summons pursuant to this section may be charged with a violation of this section.
(2) 
Notice to parent.
(a) 
Whenever a summons has been issued to a minor for a curfew violation, notice shall be given to the parent of the minor.
(b) 
Such notice shall be given either by personal delivery thereof to the parent or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such parent at his or her address as shown by records of the Police Department, including information of the State Motor Vehicle Division. The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice. Proof of the giving of notice by personal delivery or by mail may be made by the certificate of any officer or employee of the department or affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of giving thereof.
(3) 
The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business, or to any parent of a minor who is engaged in gainful, lawful employment during the curfew hours.
C. 
Violations, penalties and exceptions.
(1) 
Procedures. Any police officer who issues a citation for a minor violating any provision of this section shall take reasonable efforts to contact the minor's parent(s) or guardian(s).
(2) 
Penalties.
(a) 
Minor child. Any minor child who violates any provisions of this section shall incur a civil fine of $100.
(b) 
Parents. Any parent who violates any provisions of this section after having received notice of a prior violation shall incur a civil fine of $100 and costs for each violation.
(3) 
Separate offense. Any violation of any provisions of this section shall constitute a separate offense.
(4) 
Exceptions. No minor, or parent, or operator shall be cited for a violation of this section unless the responding officer first affords the person the opportunity to explain his or her conduct. No citation shall be issued under this section if the individual provides a truthful explanation demonstrating that the minor's actions fall within one of the following lawful exceptions:
(a) 
Accompanied by the minor's parent or guardian;
(b) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(d) 
Involved in an emergency;
(e) 
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(f) 
Attending an official school, religious, governmental, or other activity supervised by adults and sponsored by the Town, a civic association, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, governmental, or other recreational activity supervised by adults and sponsored by the Town, a civic organization, or another similar entity that takes responsibility for the minor;
(g) 
Married or had status of minority removed in accordance with state law.
[Added 7-18-2025 by Ord. No. 862]
A. 
Any person or persons, acknowledging responsibility as the owner, occupant, renter, tenant, resident, leaseholder, lessee, or other person having responsibility and present within a dwelling unit shall be guilty of disorderly use of a dwelling if:
(1) 
Any person makes or generates or continues to make or generate any noise disturbance as defined in this section, or any loud and raucous sound, so as to cause unreasonable annoyances and/or disturbance to other persons of normal sensitivities living or located on adjacent parcels or in adjacent dwelling units, upon receipt of a registered police complaint, once being warned to cease and desist such noise disturbance.
(2) 
Any person makes or generates or continues to make or generate any noise disturbance, as defined in this section, or any loud and raucous sound, so as to cause unreasonable annoyances and/or disturbance to other persons of normal sensitivities and audible from 50 feet or more from the property boundary of the dwelling unit, with or without a complaint if the noise disturbance, loud and raucous sound or unreasonable annoyances and/or disturbance is committed within the presence of a police officer.
(3) 
Any person makes or generates or continues to make or generate any noise disturbance, as defined in this section, or operates a sound amplifier, or any electronic equipment which emanates sound, so as to be audible from any location, upon an adjacent parcel or an adjacent dwelling unit or from any location beyond the property boundary, at a sound level higher than the permitted decibel levels, as defined in this section, between the regulated hours of the day, as herein defined in this section. The sound level described hereinabove shall be determined by utilizing a properly calibrated sound-level meter, calibrated pursuant to standards established by the American National Standards Institute. Any trained police officer or Town staff trained in the use of the sound-level meter is authorized to operate the sound-level meter and investigate for the purposes of enforcing this provision upon suspecting or being notified that a noise disturbance is occurring.
(4) 
Any person present within a dwelling unit creates a substantial risk of physical injury to himself and/or other persons either directly or indirectly while occupying a dwelling unit or upon the balconies, decks, stairs, porches and roof(s) thereof.
B. 
Copies of this section to be provided to tenants. Owners and agents of rented or leased dwelling units shall provide a copy of this section to the tenant or tenants of each dwelling unit located within the Town of Dewey Beach at the time of executing a lease for said unit.
C. 
Violations and penalties.
(1) 
Violation of this section is a civil offense. Any person found in violation of this section shall be subject to a fine of $250.
(2) 
The Town may elect, at its option, to take action to evict any person forthwith, having committed a second offense in violation of § 85-1301A, within any one summer season.
[Added 9-26-2025 by Ord. No. 865]
Any person, firm or corporation who maintains or permits to be maintained an exterior alarm on its premises which has caused three or more false alarms from the exterior alarm system in a one-calendar-year period (January through December) shall have committed a civil offense subject to an assessment consistent with the following schedule:
False Alarm Signal Occurrence
Assessment
3rd
$25
4th
$50
5th
$100
6th
$400
7th
$800