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."
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.
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repealed; provided, however, that such repeal shall only be to the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.
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:
A. 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.
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
Dewey Beach 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 Dewey
Beach.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Dewey Beach or any municipal or intermunicipal
agreement.
E. 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.
F. 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.
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 and compensation.
K. Any
ordinance amending the Zoning Map.
L. Any
legislation relating to or establishing a pension plan or pension
fund for municipal employees.
M. 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.
N. Any
legislation adopted subsequent to May 14, 2005.
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.
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.
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.
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.
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.