[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Whenever any ordinance repealing a former ordinance, clause or provision is repealed, such repeal shall not be construed as reviving such former ordinance, clause or provision, unless expressly provided therein.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.