The ordinances of the Town of Delmar, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Mayor and Council of the Town of Delmar, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapter 10, Planning and Zoning Regulations, and Chapters 305 through 527, are hereby approved, adopted, ordained and enacted as the Code of the Town of Delmar, Delaware, hereinafter known and referred to as the "Code."
[HISTORY: Adopted by the Mayor and Council of the Town of Delmar, Delaware, as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-2025 by Ord. No. 185]
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 Mayor and Council of the Town of Delmar, and it is the intention of said Mayor and Council that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.
A.
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Delmar which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
The following have been excluded from the Code and are specifically repealed:
(1)
Ordinance No. 9, adopted February 12, 1962, relating to arrest and resisting arrest.
(2)
Ordinance No. 14, adopted February 12, 1962, relating to street-walking and bawdy houses.
(3)
Ordinance No. 21, adopted February 12, 1962, relating to vacant lots.
(4)
Ordinance No. 35, adopted February 12, 1962, relating to expectorating upon sidewalks.
(5)
Ordinance No. 45, adopted March 4, 1964, relating to civil defense and disaster relief.
(6)
Ordinance No. 52, adopted March 7, 1977, regulating unauthorized killing of dogs and cats.
(7)
Ordinance No. 7, adopted April 4, 1977, regulating setting of fires.
(8)
Ordinance No. 62, adopted June 6, 1983, relating to the issuance of checks known to be worthless.
(9)
Ordinance No. 80, adopted October 2, 1989, relating to adoption of an unsafe building adoption code.
(10)
Ordinance No. 92, adopted May 26, 1992, prohibiting vehicle cruising.
(11)
Ordinance No. 95, adopted March 1, 1993, regulating the operation of tattoo establishments.
(12)
Ordinance No. 104, adopted May 1, 1995, relating to criminal contempt.
The repeal of ordinances provided for in § 305-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred under any legislative provision of the Town of Delmar prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Delmar or any penalty, punishment or forfeiture which may result therefrom.
C.
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 Delmar.
D.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Delmar or any municipal or intermunicipal agreement.
E.
Any ordinance of the Town of Delmar 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 Delmar or any portion thereof.
F.
Any ordinance of the Town of Delmar 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 Delmar or other instruments or evidence of the Town's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries and compensation.
K.
Any ordinance amending the Zoning Map.
L.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
M.
Any legislation establishing a specific fee amount for any license, permit or service obtained from the Town.
N.
Any legislation adopted subsequent to November 4, 2024.
A.
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.
B.
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.
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 Mayor and 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 published as amendments and supplements to the Code.
A.
In compiling and preparing the ordinances of the Town of Delmar 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 Mayor and 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.
B.
In addition, the changes, amendments or revisions as set forth in Schedule A,[1] attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 305-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 305, General Provisions, Article I. During routine supplementation, histories indicating amendments, the following history: "Amended (added, repealed) 5-5-2025 by Ord. No. 185." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
A.
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
All provisions of the Code 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.