[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in force by reference therein are hereby repealed from and after the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:
A.
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.
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 Dagsboro 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 Dagsboro.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Dagsboro or any municipal
or intermunicipal agreement.
E.
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.
F.
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.
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 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.
N.
Any legislation adopted subsequent to 2-1-2005.
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.
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.
A.
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.
B.
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).[1]
[1]
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.
[Adopted 2-24-2014]
A.
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.
B.
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:
Option 1:
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:
Day: ______________________
Date: ___________________________
Option 2:
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.
Day: ______________________
Date: ___________________________
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:
|
Animals
|
Chapter 61
| |
|
Building Construction
|
Chapter 75
| |
|
Farming
|
Chapter 104
| |
|
Firearms and Hunting
|
Chapter 110
| |
|
Smoking Prohibited on Public Property
|
Chapter 112
| |
|
Floodplain Management
|
Chapter 118
| |
|
Licensing
|
Chapter 146
| |
|
Mobile Homes
|
Chapter 162
| |
|
Noise
|
Chapter 173
| |
|
Property Maintenance
|
Chapter 210
| |
|
Solid Waste
|
Chapter 232
| |
|
Subdivision of Land
|
Chapter 238
| |
|
Taxation
|
Chapter 243
| |
|
Voting, Absentee
|
Chapter 267
| |
|
Water
|
Chapter 270
| |
|
Zoning
|
Chapter 275
| |
|
Woodland Preservation
|
Chapter 276
| |
|
Buffering, Screening and Landscaping
|
Chapter 277
|
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.
