[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, marijuana, or other substances into the body through inhalation, including, but not limited to, an electronic cigarette, vape pen, vaporizer, 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; amended 8-18-2023 by Ord. No. 0823-01]
HEMP
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
[Added 8-18-2023 by Ord. No. 0823-01]
MARIJUANA
Except for hemp, all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
[Added 8-18-2023 by Ord. No. 0823-01]
SMOKING
[Amended 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 product, marijuana, or hemp; or
[Amended 8-18-2023 by Ord. No. 0823-01]
B. 
The operation of an electronic cigarette.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco or that contains nicotine, including: cigarettes, cigars, pipe tobacco, hookah tobacco, chewing tobacco, snuff, snus, or smokeless tobacco and is intended for human consumption by any means including smoking, heating, chewing, absorbing, dissolving, inhaling, or ingesting.
[Added 8-18-2023 by Ord. No. 0823-01]
[Amended 3-10-2014 by Ord. No. 0314-01;[1] 7-19-2019 by Ord. No. 0719-02; 8-18-2023 by Ord. No. 0823-01; 7-19-2024 by Ord. No. 0724-01; 1-16-2026 by Ord. No. 0126-02]
Smoking any tobacco product or hemp shall be prohibited at all times in the following outdoor public places:
A. 
Grove Park, including the Grove Park Canal access area on the west side of the Lewes-Rehoboth Canal, and 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; 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 15 through September 15 of each year, inclusive, there shall be no more than 20 areas where smoking is permitted.
(6) 
From September 16 of each year to May 14 of the following year, inclusive, there shall be no more than four areas where smoking is permitted.
J. 
The entirety of the municipal campus, defined for purposes of this chapter as the area that includes the City Hall, Convention Center, Parking Department and Communications buildings and the surrounding grounds, including steps, sidewalks, parking lots, garden and grassed areas and including the pedestrian area known as Steve Elkins Way from Baltimore Avenue to the City Hall parking lot, such grounds generally defined by vehicular and pedestrian entrances at City Hall Drive, Third Street, Baltimore Avenue, the west side of the Fire Department building and two entries off of Rehoboth Avenue, one on the east side and one on the west side of the City Hall building; except smoking shall be permitted on the municipal campus in designated and marked locations as determined by the City Manager.
K. 
The Lewes-Rehoboth Canal Park area on the south side of Rehoboth Avenue between the canal and Canal Street.
[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]; 8-18-2023 by Ord. No. 0823-01]
Smoking marijuana, or any other matter or substance that contains marijuana, shall be prohibited at all times in all public places within the territorial limits of the City of Rehoboth Beach. Nothing contained herein shall permit the use or possession of any "Controlled Substance" as defined under 16 Del. C., Chapter 47 "Uniform Controlled Substances Act."
[1]
Editor’s Note: This ordinance also provided for an effective date of 5-15-2014.
[Amended 7-19-2019 by Ord. No. 0719-02]
Any violation of this chapter is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.