[HISTORY: Adopted by the Town Council of the Town of Dagsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-23-2005 by Ord. No. 2005-1]
The ordinances of the Town of Dagsboro, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Dagsboro, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 275, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Dagsboro, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Dagsboro, and it is the intention of said Town Council that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.
All ordinances of a general and permanent nature of the Town of Dagsboro in force on the date of the adoption of this ordinance and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Town of Dagsboro prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Dagsboro or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Town of Dagsboro.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Dagsboro or any municipal or intermunicipal agreement.
Any ordinance of the Town of Dagsboro providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Dagsboro or any portion thereof.
Any ordinance of the Town of Dagsboro appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Dagsboro or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any legislation relating to salaries and compensation.
Any ordinance amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any legislation adopted subsequent to 2-1-2005.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any section or part thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Dagsboro and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk of the Town of Dagsboro by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times when said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk or such other authorized person to keep up-to-date the certified copy of the book containing the Code of the Town of Dagsboro required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Town Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
In compiling and preparing the ordinances of the Town of Dagsboro for adoption and revision as part of the Code, certain grammatical and other minor changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally adopted to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the ordinances as they have been renumbered and appear in the Code).
Editor's Note: A copy of Schedule A is on file in the Town Offices.
All provisions of the Code, except those relating to changes in Chapter 275, the Zoning Code, which shall become effective upon ratification following a public hearing, shall be in full force and effect on and after the effective date of this ordinance, which shall take effect immediately upon its final adoption.
Any person convicted of violating any provision of any of the chapters of this Code specified in § 1-25 hereinbelow, shall be fined $100 for the first offense and $250 for each subsequent offense. The fine specified herein shall supersede the monetary fine set forth in the chapters identified in § 1-25 of this article.
In the event of a continuing violation of any of the provisions of a chapter of this Code by any person, each day or part of a day during which any such violation continues shall constitute a separate and distinct offense under this section.
Any fine associated with the violation of any section of the Code of Dagsboro specified in this article, at the option of the person receiving a notice of violation, may be paid directly to the Town of Dagsboro, thereby avoiding the need to appear in any court of competent jurisdiction in the State of Delaware.
All notices of violation shall contain the following statement:
"You are alleged to have violated a code or ordinance of the Town of Dagsboro. It is specifically alleged that you personally or as the owner of Tax Parcel Number ______________ committed the following violation:
A violation of Section: ____________________
You may choose one of the two following options:
You may pay directly to the Town of Dagsboro the amount due. If you choose this option, the citation for violation will be dismissed by the Town. Payment must be received at Town Hall, located at 33134 Main Street, Dagsboro, Delaware 19939, by no later than 4:00 p.m. on:
You may respond to the summons issued by the Town by appearing at Justice of the Peace Court No. 1, 9 Main Street, Frankford, Delaware 19775 of the court specified in the summons, if different.
Between the hours of ___________________________ a.m. or p.m.
IF YOU CHOOSE OPTION 1 AND FAIL TO MAKE PAYMENT TO THE TOWN BY 4:00 P.M. ON THE DATE INDICATED ABOVE YOU MUST APPEAR IN THE COURT DESIGNATED IN OPTION 2 OF THIS DOCUMENT. FAILURE TO APPEAR MAY RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST BY JUSTICE OF THE PEACE COURT."
The amount due to be paid directly to the Town shall be the amount due as set forth in § 1-20 above, or as specifically stated in any other section of this Code.
The Town shall keep a complete record of all payments made to the Town in accordance with this chapter.
[Added 6-22-2015; amended 2-27-2017]
Code Enforcement Officers are authorized to issue summonses to enforce and assess the civil fines due for violations of the following chapters of the Code:
Any citation for failure to comply with this chapter shall be mailed to the owner of the property that is the subject of a citation at the owner's last known address as shown on the assessment records of the Town.
None of the provisions of this article shall prevent the Town of Dagsboro or its officials from seeking equitable remedies to enjoin any alleged violation and from seeking civil penalties in addition thereto.