Town of Henlopen Acres, DE
Sussex County
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[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 1-11-2013. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
The provisions of this chapter shall apply to all violations of any provision of the Municipal Code of the Town of Henlopen Acres that has been declared a civil offense provision by reference to this chapter.
A. 
The Town Manager or the Town Manager's designee is authorized to make an administrative stop for purposes of enforcing any provision of the Municipal Code of the Town of Henlopen Acres that has been designated as a civil offense provision, upon a reasonable and articulable suspicion that a violation of such provision of the Municipal Code of the Town of Henlopen Acres has occurred.
B. 
The Town Manager or the Town Manager's designee is authorized to issue a citation to any person violating any provision of the Municipal Code of the Town of Henlopen Acres that is designated as a civil offense provision.
C. 
Any citation issued pursuant to this chapter may be delivered in person, left at the person's last known address or place of business, or sent by United States Mail to the person's last known address or place of business.
A. 
Separate civil and criminal proceedings may be instituted where both civil and criminal offenses occur in the same incident.
B. 
Any violation designated a civil offense shall not be prosecutable as criminal offense.
A. 
Any person cited for a civil offense shall, within 30 days of the receipt of a citation issued pursuant to this chapter:
(1) 
Pay a voluntary assessment of $25, or such amount as specified in the provision of the Municipal Code of the Town of Henlopen Acres violated; or
(2) 
Request a hearing before the Justice of the Peace Court or any other court of competent jurisdiction by returning a copy of the citation and providing a written hearing request to the Town of Henlopen Acres at the location identified on the citation, which must be delivered to the Town of Henlopen Acres within 30 days of the person's receipt of the citation.
B. 
If a hearing is requested, the action shall be prosecuted and service of process shall be effected pursuant to the procedures and rules of the court where the action is filed.
C. 
Any person adjudged to have committed a civil offense in the Justice of the Peace Court or any other court of competent jurisdiction shall pay the Town's court costs and expenses, including its attorneys' fees, in addition to the amount ordered by the Court for committing a civil offense.
D. 
Any person cited for a civil offense who within 30 days of the receipt of a citation issued pursuant to this chapter has neither paid a voluntary assessment nor requested a court hearing shall be responsible for paying a civil assessment of $50, or double such amount, if greater, as specified in the provision of the Municipal Code of the Town of Henlopen Acres violated, and the Town may proceed to collect the same as it would any other obligation due the Town.
This chapter shall not be deemed to impair or limit the rights of the Town of Henlopen Acres to seek full restitution and pursue any and all legal and equitable remedies against any person for any harm suffered by the Town of Henlopen Acres.