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City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[Adopted 11-8-1974 as §§ 1-14, 1-21, 1-22 and 1-24 of the 1975 Code]
[Amended 11-9-1979 by Ord. No. 1179-1; 10-10-1986 by Ord. No. 1086-3(A); 9-8-1995 by Ord. No. 995-2]
A. 
Whenever in this Code or in any ordinance of the City any act or failure to do a required act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not less than $100 nor more than $500, such fine to be in the discretion of the court, and shall pay the costs of prosecution.
[Amended 4-19-2004 by Ord. No. 0404-03[1]]
[1]
Editor's Note: This ordinance also stated: "The increased fines of this ordinance shall only be operative and in full force and effect for violation of City ordinances on or after May 1, 2004."
B. 
Whenever in this Code or in any ordinance there is no provision for a greater penalty for a second or subsequent conviction for a violation of this Code, any person who has previously been convicted of the same violation shall be subject to a fine of not less than $200 nor more than $500 for each succeeding offense and shall pay the costs of prosecution.
[Amended 4-19-2004 by Ord. No. 0404-03[2] ]
[2]
Editor's Note: This ordinance also stated: "The increased fines of this ordinance shall only be operative and in full force and effect for violation of City ordinances on or after May 1, 2004."
C. 
The provisions of Subsections A and B hereof shall not apply to violations of the Zoning Ordinance, Fire Code, the Building Code, the Plumbing Code and Chapter 258, Article V, Parking.
D. 
If the penalty for a particular offense is limited by state statute, then such limitation shall be applicable to the provision of this Code and other ordinances of the city, notwithstanding the provisions of the section.
E. 
The suspension or revocation of any license, certificate or other privilege conferred by the City shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
Each day any violation of this Code occurs or continues to exist shall constitute a separate offense.
In all cases where the same offense is made punishable or is created by different sections of this Code, the City Solicitor may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
[Amended 12-14-1990 by Ord. No. 1290-1; 11-12-1993 by Ord. No. 1193-1; 10-15-2001 by Ord. No. 1001-2; 4-21-2003 by Ord. No. 0503-7]
Court costs in Alderman's Court for criminal cases shall be $50 in the event of trial or guilty plea and $15 in the event of a voluntary assessment.
[Added 2-16-2024 by Ord. No. 0224-02]
A. 
The Alderman shall levy a security fee in the amount of $10, until such time as a schedule of fees is established, on each fine or monetary assessment for which there is a conviction or a voluntary assessment paid. If a fine or monetary assessment is suspended, the security fee assessment shall be suspended. The security fee under this section shall be supplemental to and separate from court costs under § 1-30.
B. 
Upon collection of the security fee under Subsection A of this section, the same shall be retained in a security fund reserved for expenditures related to City security. If at any time the Commissioners of the City of Rehoboth Beach determine the amount of funds segregated in the security fund exceed an amount necessary for adequate security expenditures, the excess may be deposited in the general fund.