City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 4-15-2011 by Ord. No. 0411-01. Amendments noted where applicable.]
GENERAL REFERENCES
Open-air burning — See Ch. 116.
Civil offenses — See Ch. 126.
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE
Any device employing a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to deliver nicotine or other substances into the body through inhalation, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or other similar product that relies on vaporization or aerosolization. As used in this chapter, the definition of "electronic cigarette" does not include any product that has been approved by the United States Food and Drug Administration for tobacco cessation or other medical purposes.
[Added 1-16-2015 by Ord. No. 0115-01]
A. 
The burning of a lighted cigarette, pipe, or any other matter or substance that contains tobacco; or
B. 
The operation of an electronic cigarette.
[Amended 3-10-2014 by Ord. No. 0314-01[1]]
Smoking shall be prohibited at all times in the following outdoor public places:
A. 
Grove Park including all of the area of the City situated generally between Rehoboth Avenue, Columbia Avenue, Grove Street and the Lewes-Rehoboth Canal excluding the parking lot.
B. 
Lake Gerar including all of the public park lands surrounding the lake.
C. 
Central Park situated generally between Columbia and Park Avenues and Third Street.
D. 
The entirety of the park lands located in Country Club Estates along Stockley Street.
E. 
Deer Park located at the intersection of Kent and Dover Streets.
F. 
The entirety of the bandstand plaza area, defined for purposes of this chapter as that area that lies east of the line of pavement of Rehoboth Avenue at the western edge of the bandstand median to include the sidewalks, whether of wood, concrete or pavers, the streets including parking spaces and any structures situated in this area and maintained by the City.
G. 
The Boardwalk as defined in Chapter 98.
H. 
For every street which has for its eastern termination the Boardwalk, that area that lies east of the easternmost line of pavement to include all sidewalks, whether of wood or concrete, and any structures situated in this area and maintained by the City.
I. 
The Beach, defined for purposes of this chapter as the area of the City east of Ocean Drive, Surf Avenue and the Boardwalk extending 100 yards east of the high-water line of the Atlantic Ocean, excluding the parking lot in the area known as Deauville Beach; except smoking shall be permitted on the Beach in designated and marked locations as determined by the City Manager, subject to the following:
(1) 
Each area where smoking is permitted shall be abutting and located on the east side of the easternmost dune fence or if there be no fence at the toe of the main dune.
(2) 
Each area where smoking is permitted shall be in the shape of a half-circle having a twelve-foot radius, the center of such half-circle being at a point in the above-referenced dune fence or toe of dune.
(3) 
Each area where smoking is permitted shall be marked by appropriate signage and shall be provided with a cigarette/cigar butt disposal container.
(4) 
No area where smoking is permitted shall be located any nearer than 40 feet from any entranceway or path to the beach or Atlantic Ocean.
(5) 
From May 1 to September 30 of each year, there shall be no more than 20 areas where smoking is permitted.
(6) 
From October 1 of each year to April 30 of the following year, there shall be no more than four areas where smoking is permitted.
[1]
Editor’s Note: This ordinance also provided for an effective date of 5-15-2014.
[Amended 3-10-2014 by Ord. No. 0314-01[1]]
No person shall be cited for violating this chapter unless signs, readily visible to the public, are posted to indicate those areas where smoking is prohibited.
[1]
Editor’s Note: This ordinance also provided for an effective date of 5-15-2014.
Any violation of this chapter is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach subject to the following:
A. 
Any person violating any of the provisions of this chapter, who has not been issued a written warning and has not been cited hereunder within the preceding four months, shall be issued a written warning;
B. 
Any person violating any of the provisions of this chapter, who has been issued a written warning or has been cited hereunder within the preceding four months, shall be cited as provided for in Chapter 126.