City of Lewes, DE
Sussex County
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[HISTORY: Adopted by the City Council of the City of Lewes 9-11-2006.[1] Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 86, Docks, adopted 8-9-1993, as amended.
Whenever any words or phrases are used in this chapter, the meaning respectively ascribed to them in the regulations governing the use of subaqueous lands issued by the Wetlands and Subaqueous Lands Section of the Division of Water Resources of the State of Delaware Department of Natural Resources and Environmental Control, as authorized by 7 Del. C. § 7212 shall be deemed to apply to such words and phrases used herein.
In addition, the following definition shall be applicable unless the context clearly indicates to the contrary:
Includes any vessel engaged in the taking of saltwater fish or saltwater products, freshwater fish or freshwater products for sale either to the consumer or to a wholesale dealer; or any vessel engaged in any activity described in this definition for which a fee is paid to the user, either directly or indirectly, to the owner, operator or custodian of the vessel.
Includes any individual, natural person, joint-stock company, partnership, limited liability company, voluntary association, society, club, firm, company, corporation, business trust, organization or any other group acting as a unit.
All activity and use of the City docks and marina within the City of Lewes shall be governed by the Lewes Canalfront Park Marina Operations and Maintenance Plan and Rules and Regulations, as it may be amended from time to time, and the same shall be in force and effect within the City of Lewes except to the extent that such statutory and regulatory provisions are altered or supplemented by this chapter.
All former dock and marina ordinances of the City of Lewes are hereby repealed, accept that this repeal shall not affect or prevent the prosecution or punishment of any persons for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.
If any part or parts of this chapter are held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.
Unless another penalty is specifically provided for in this chapter or by the Delaware Code or regulations thereunder, any person 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, be imprisoned for a term of not less than 10 days nor more than 30 days for the first such offense, or both, and shall pay the costs of prosecution. For a second and any subsequent offense, any person, upon conviction in a court of competent jurisdiction, shall be subject to a fine of not less than $50 nor more than $500, be imprisoned for a term of not less than 20 days nor more than 60 days, or both, and shall pay the costs of prosecution.
For the purposes of chapter, each day that a violation occurs shall be deemed to be a separate and distinct offense.
In addition to any other remedy prescribed herein, any member of the Police Department is hereby authorized to remove, impound and tow away or have removed, impounded or towed away by any commercial service any boat which is docked, tied up or berthed at any dock, pier or wharf owned or operated by the City of Lewes and for which a document fee has not been paid or if such boat has been docked, tied up or berthed for a period in excess of seven consecutive days.
Any boat so removed, impounded or towed away shall be stored in a safe place and shall be restored to the person who is the owner or operator of such boat upon payment of the removal, impounding, towing away and storage charges, together with the daily docking fee for each day that the boat was so docked, together with any fine imposed by a court of competent jurisdiction.