Town of Dewey Beach, DE Adoption of Code

The ordinances of the Town of Dewey Beach, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Commissioners of the Town of Dewey Beach, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 185, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Dewey Beach, 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 Commissioners of the Town of Dewey Beach, and it is the intention of said Commissioners that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.

§ 1-3 Repeal of inconsistent ordinances.

All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Dewey Beach which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-4 Enactments saved from repeal; matters not affected.

The repeal of ordinances provided for in § 1-3 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 Dewey Beach 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 Dewey Beach 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 Dewey Beach.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Dewey Beach or any municipal or intermunicipal agreement.

Any ordinance of the Town of Dewey Beach 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 Dewey Beach or any portion thereof.

Any ordinance of the Town of Dewey Beach 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 Dewey Beach 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 and compensation.

Any ordinance amending the Zoning Map.

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

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

Any legislation adopted subsequent to May 14, 2005.

§ 1-5 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.

§ 1-6 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Manager of the Town of Dewey Beach 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 Manager of the Town of Dewey Beach by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Manager to be made available to persons desiring to examine the same during all times when said Code is in effect.

§ 1-7 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 Commissioners 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.

§ 1-8 Code book to be kept up-to-date.

It shall be the duty of the Town Manager or such other authorized person to keep up-to-date the certified copy of the book containing the Code of the Town of Dewey Beach required to be filed in the office of the Town Manager for use by the public. All changes in said Code and all ordinances adopted by the Commissioners subsequent to the enactment of this ordinance in such form as to indicate the intention of said Commissioners 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.

§ 1-9 Changes in previously adopted ordinances.

In compiling and preparing the ordinances of the Town of Dewey Beach 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 Commissioners 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), with the exception of those sections identified in § 1-11, below, which sections shall become effective upon ratification by ordinances following the adoption of this Code.

Nomenclature changes. Throughout the Code, the term "Town Clerk" is changed to "Town Manager" and the term "Town Administrator" is changed to "Town Manager."

§ 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 Dewey Beach, 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, with the exception of the following sections, which shall become effective upon ratification by ordinances following the adoption of this Code: §§ 1-13B(1); 1-13B(2); 85-6D, E and F; 85-16B(1); 85-16B(2); 117-9; 177-1H; 177-7B; 177-10B; 177-14F; 177-21D; 177-22; 117-23C; 177-34A; and 177-37A.