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."
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.
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.
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.
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.
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.
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:
A. 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.
B. 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.
C. 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.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Millsboro.
E. 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.
F. 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.
G. Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any legislation relating to salaries.
K. Any ordinance amending the Zoning Map.
L. Any legislation adopted subsequent to 3-2-1998.
M. Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N. Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained from the
town.
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.
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.
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.
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.
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.
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.
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.
Each incident or each day during which violation of this Code shall
continue shall constitute a separate offense.
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.