[Adopted 11-8-1974 as §§ 1-3 through 1-7,
1-9 through 1-12 and 1-15 through 1-20 of the 1974 Code]
This Code is a revision and codification of
the general ordinances of the City of Rehoboth Beach, Delaware which
have been enacted and published in accordance with the authority granted
in Section 45, Chapter 197, Volume 54, Laws of Delaware, as amended.
This Code shall refer only to the commission
or omission of acts within the territorial limits of the City and
to that territory outside this City over which the City has jurisdiction
or control by virtue of any Constitutional or Charter provisions,
or any law.
Any printed copy of this Code or any printed
supplement thereto, published and certified according to law, shall
be received in evidence in any court for the purpose of proving any
Charter or ordinance provision therein contained with like effect
and for the same purpose as the original ordinances, minutes or journals
would be received.
Whenever a power is granted to or a duty is
imposed upon a public officer or employee, the power may be performed
by an authorized deputy or designee or by any person authorized pursuant
to law or ordinances, unless this Code expressly provides otherwise.
A.
No ordinance or amendment or repeal of any section
hereof shall be operative, in full force and effect, until it has
been adopted in the manner prescribed by law and until it has been
published.
B.
Publication shall be sufficient if made in a newspaper
published or in general circulation in the City or if made in a book
or pamphlet form.
A.
Neither the adoption of this Code nor the repeal hereby
of any ordinance of this City shall in any manner affect the prosecution
for violation of ordinances, which violations were committed prior
to the effective date hereof, nor be construed as a waiver of any
license or penalty at the effective date due and unpaid under such
ordinance, nor be construed as affecting any of the provisions of
such ordinance relating to the collection of any such license or penalty
or the penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof, required
to be posted, filed or deposited pursuant to any ordinance, and all
rights and obligations thereof appertaining shall continue in full
force and effect.
B.
Whenever any ordinance repealing a former ordinance,
clause or provision is repealed, such repeal shall not be construed
as reviving such former ordinance, clause or provision, unless expressly
provided therein.
A.
If the provisions of different chapters, articles,
divisions or sections of this Code conflict with or contravene each
other, the provisions of each chapter, article, division or section
shall prevail as to all matters and questions growing out of the subject
matter of that chapter, article, division or section.
B.
If clearly conflicting provisions are found in different
sections of the same chapter, the provisions of the section last enacted
shall prevail unless the construction is inconsistent with the meaning
of that chapter.
C.
Where any conflict exists between a chapter, article,
division or section of this Code and any chapter or section of the
City Charter or State Code, the latter shall prevail.
A.
Any reference in this Code to an ordinance or provision
of this Code shall mean such ordinance or provision as may now exist
or is hereafter amended.
B.
Any references in this Code to chapters, articles,
divisions or sections shall be to the chapters, articles, divisions
and sections of this Code unless otherwise specified.
All designations and headings of chapters, articles,
divisions and sections are intended only for convenience to arrangement
and as mere catchwords to indicate the contents of such chapters,
articles, divisions or sections, whether printed in bold face type
or italics. They shall not be deemed or taken to be any part or title
of such chapters, articles, divisions or sections; nor unless expressly
so provided, shall they be so deemed upon amendment or reenactment;
nor shall they be construed to govern, limit, modify, alter or in
any other manner affect the scope, meaning or intent of any of the
provisions of this Code.
Whenever in this Code any act or omission is
made unlawful, it shall include causing, allowing, permitting, aiding,
abetting, suffering or concealing the fact of such act or omission.
[1]
Editor's Note: Former § 1-22, Official
time established, was repealed 1-20-2004 by Ord. No. 0104-01 and Ord.
No. 0104-02.
All notices, reports, statements, applications
or records required or authorized by this Code shall be made in writing
in the English language unless specifically provided otherwise.
A.
Unless otherwise specifically provided, whenever a
notice is required to be given pursuant to any section of this Code
such notice shall be given either by personal delivery to the person
to be notified or by deposit in the United States Mail in a sealed
envelope, postage prepaid, addressed to the person to be notified
at his last known business or residence address as the same appears
in the public records or other records pertaining to the matter for
which such notice is served, or by any other method of delivery approved
by law. Service by mail shall be deemed to have been completed at
the time of deposit in the post office or any United States mailbox.
B.
Proof of giving any notice may be made by the certificate
of any officer or employee of this City or by affidavit of any person
over the age of 18 years who actually accomplished personal service
in conformity with this Code or other provisions of law applicable
to the subject matter concerned, or by a return receipt signed by
the recipient notified by United States Mail.
A.
All records, buildings and premises subject to inspection
under this Code shall be inspected from time to time by the designated
officer of the City or his designee.
B.
All records, rooms and areas of a building or premises
shall be available and accessible for such inspection which shall
be made during usual business hours if the premises are used for nonresidential
purposes; provided, however, that inspections may be made at other
times if:
(1)
The premises are not available during the foregoing
hours for inspection;
(2)
There is reason to believe that violations are occurring
on the premises which can only be apprehended and proved by inspection
during other than the prescribed hours; or
(3)
There is reason to believe that a violation exists
of a character which is an immediate threat to health or safety requiring
inspection and abatement without delay.
C.
Emergency inspections may be authorized without warrant
if the Director of Public Affairs and Safety has reason to believe
that a condition exists which poses an immediate threat to life, health
or safety. Such procedure shall take place only where the time required
to apply for and secure the issuance of a warrant would render ineffective
the immediate action necessary to abate the condition.
D.
Where the Director of Public Affairs and Safety or
his designee is refused entry or access or is otherwise impeded or
prevented by the owner, occupant or operator from conducting an inspection
of the premises, such person shall be in violation of this article
and subject to the penalties hereunder.
A.
Any officer designated by the City to inspect a premises
may, upon affidavit, apply to the judge of competent jurisdiction
for a search warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this Code may exist, including one or more
of the following:
(1)
That the premises or records require inspection according
to the cycle established by the inspecting officer of Commissioners
for periodic inspections of records, buildings or premises of the
type involved.
(2)
That observation of external conditions of the premises
and its public areas has resulted in the belief that violations of
this Code exist.
B.
If the judge of competent jurisdiction is satisfied
as to the matters set forth in the affidavit, he shall authorize the
issuance of a search warrant permitting access to and inspection of
that part of the premises on which the nuisance or violation may exist.
