It shall be unlawful for any person, firm or corporation to
excavate or cause or permit to be excavated any part of the canal
bank along the Lewes and Rehoboth Canal or in any other manner to
alter or modify the course, location, condition or capacity of the
Lewes and Rehoboth Canal within the corporate limits of the City of
Lewes without first having obtained a permit from the City Council
of the City of Lewes as hereinafter provided.
Any person, firm or corporation who desires a permit as required by §
79-1 above shall make a verified application in writing to the City Council of the City of Lewes setting forth the following information:
A. The
name and address of the person making the application.
B. The
name and address of the owner of the property where such excavation
and/or construction shall take place, if different from the name of
the person making the application.
C. The
name and address of the person, firm or corporation which will do
the excavation and/or construction.
D. The
reason for the excavation and/or construction.
E. If
boat slips are to be provided, the number of boat slips, but no application
will be considered unless there is provided at least two parking spaces
for motor vehicles for each such boat slip, each such parking space
for motor vehicles to be not less than 10 feet wide and 20 feet long
and to be on the premises where the boat slips are to be provided.
F. A
diagram or plan showing the distance of the excavation from any street
and from the property lines of the adjoining owners.
Each person, firm or corporation which desires a permit as required
by the provisions of this chapter shall, at the time the application,
as aforesaid, is submitted shall pay an application fee of $25.
The provisions of this chapter shall not apply to any officer
or employee of the United States or of the State of Delaware or any
political subdivision thereof when on official business.
The City Manager of the City of Lewes is hereby authorized and
directed to revoke any permit granted pursuant to the terms of this
chapter because of a violation of any of the provisions of this chapter
or if any false information is contained in the application for the
permit.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this chapter continues shall
be deemed and taken to be a separate and distinct violation.