Town of Millsboro, DE General Provisions

The ordinances of the Town of Millsboro, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Millsboro, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 210, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Millsboro, hereinafter known and referred to as the "Code."

§ 1-2 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Millsboro, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.

§ 1-3 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the town office of the Town of Millsboro and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the town office of the Town of Millsboro by impressing thereon the Seal of the town, and such certified copy shall remain on file in the town office to be made available to persons desiring to examine the same during all times when said Code is in effect.

§ 1-4 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-5 Code book to be kept up-to-date.

It shall be the duty of the town office or such other authorized person to keep up-to-date the certified copy of the book containing the Code of the Town of Millsboro required to be filed in the town office for use by the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-6 Severability.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any section or part thereof.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-7 Repeal of enactments not included in Code.

All ordinances of a general and permanent nature of the Town of Millsboro in force on the date of the adoption of this ordinance and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.

§ 1-8 Enactments saved from repeal; matters not affected.

The repeal of ordinances provided for in § 1-7 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of the Town of Millsboro prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Millsboro or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Town of Millsboro.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Millsboro.

Any ordinance of the Town of Millsboro providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Millsboro or any portion thereof.

Any ordinance of the Town of Millsboro appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Millsboro or other instruments or evidence of the town's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any legislation relating to salaries.

Any ordinance amending the Zoning Map.

Any legislation adopted subsequent to 3-2-1998.

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the town.

§ 1-9 Changes in previously adopted ordinances.

In compiling and preparing the ordinances of the Town of Millsboro for adoption and revision as part of the Code, certain grammatical and other minor changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally adopted to read as such.

In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the ordinances as they have been renumbered and appear in the Code).[1]

[1]

Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-6-1998." Schedule A, which contains a complete description of all changes, is on file in the town offices.

Nomenclature changes. Throughout the Code:

(1)

References to the "Town Commissioners" are changed to "Town Council."

(2)

References to the "Town President" are changed to the "Mayor."

§ 1-10 Incorporation of provisions into Code.

The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of the Town of Millsboro, and the sections shall be numbered §§ 1-1 through 1-11, inclusive.

§ 1-11 When effective.

All provisions of the Code shall be in full force and effect on and after the effective date of this ordinance, which shall take effect immediately upon its final adoption.

Article II General Penalty

[Adopted 7-6-1998]

§ 1-12 Penalty for violations.

Whenever in this Code or in any ordinance of the town 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 $25 nor more than $500, such fine to be in the discretion of the court, and shall pay the costs of prosecution and Victims Compensation Fund assessment for each offense.

§ 1-13 Second or subsequent convictions.

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 $50 nor more than $500 for each succeeding offense and shall pay the costs of prosecution and Victims Compensation Fund assessment for each offense.

§ 1-14 Applicability.

The provisions of §§ 1-15 and 1-16 hereof shall not apply to violations of the Chapter 210, Zoning, of the Code of the Town of Millsboro, the Fire Code, the Building Code, the Plumbing Code and Chapter 200, Article III, Parking, Standing and Stopping, of the Code of the Town of Millsboro.

§ 1-15 Statutory limitations.

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 town, notwithstanding the provisions of the section.

§ 1-16 Suspension or revocation of privileges.

The suspension or revocation of any license, certificate or other privilege conferred by the town shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.

§ 1-17 Separate offenses.

Each incident or each day during which violation of this Code shall continue shall constitute a separate offense.

§ 1-18 Additional remedies.

The Town Council may institute appropriate proceedings to restrain or enjoin further action in violation of the Code and/or proceedings to abate any violation. In this event, the Town Council shall be entitled to collect from the offending party or parties the town's reasonable attorneys fees, legal costs and expenses and court costs, as a part of any judgment or award in a civil action brought to restrain or enjoin a violation. Civil remedies are in addition to and not in lieu of the penalties provided herein.