[Adopted 9-7-1984 as Ch. 1 of the 1984 Code]
A.
In any case in which it is lawful for a peace officer
to arrest without a warrant, he may instead issue a written summons
in substantially the same form as established by 11 Del. C. § 1907.
B.
If the person fails to appear in answer to the summons,
or if there is reasonable cause to believe that he will not appear,
a warrant for his arrest may issue.
C.
Whoever willfully fails to appear in answer to the
summons shall be fined for the first offense not less than $10 nor
more than $100.
[Amended 6-12-1982 by Ord. No. 19]
[Amended 12-12-1987 by Ord. No. 105; 12-16-1989 by Ord. No.
168; 5-12-1990 by Ord. No. 175; 5-11-1991 by Ord. No. 210; 12-14-1991 by Ord. No. 222; 5-9-1992 by Ord. No. 231; 7-10-1992 by Ord. No.
236; 5-8-1993 by Ord. No. 263; 7-8-1994 by Ord. No. 305; 12-9-1995 by Ord. No. 339; 2-10-1996 by Ord. No. 341; 5-10-1997 by Ord. No.
372; 4-12-2008 by Ord. No. 624; 2-14-2009 by Ord. No. 647; 6-12-2009 by Ord. No. 663; 4-9-2011; 3-10-2012 by Ord. No. 692; 11-9-2013 by Ord. No. 707]
It is hereby provided that the payment of a voluntary assessment for the disobedience of any ordinance of the Town of Dewey Beach, unless otherwise provided for specifically in an ordinance, shall be $200. Furthermore, the voluntary assessment for violations of § 80-6 (Alcoholic beverages in public) and violations of § 80-13 (Urinating in public) shall be $200; voluntary assessment for any other civil violation is $50. The voluntary assessment for § 85-1315A (Offenses concerning minors), Subsections (1) through (5), shall be $200, and the voluntary assessment for violations of § 177-13 (Crossing at other than crosswalks), and § 177-14 (Pedestrians on highways) shall be $50.
A.
Parking fines.
(1)
A fine of $30 shall be imposed for each parking violation
involving:
[Amended 4-9-2016 by Ord.
No. 728]
(2)
A fine of $65 shall be imposed for each parking violation
involving:
[Amended 4-9-2016 by Ord.
No. 728]
(a)
Fire hydrant violation.
(b)
No stopping, standing, parking zone.
(c)
Timed parking zone.
(d)
Parked too close to stop sign or intersection.
(e)
Parked in prohibited zone, sidewalk, loading zone,
lifeguard zone.
(f)
Illegal access to property violation.
(g)
Blocking driveway.
(h)
Fire lane violation.
(j)
Other.
(3)
A fine
of $100 shall be imposed for handicapped zone violations.
(4)
In lieu
of a $30 fine, an administrative fee of $5 to cover administrative
costs shall be imposed if a vehicle is legally parked and paid in
full for parking but the person entering the registration failed to
enter the full correct vehicle registration information and as long
as the individual is able to provide proof that they paid.
[Added 10-15-2021 by Ord. No. 772]
C.
Upon the accumulation of two or more delinquent parking
fines attributable to any one vehicle, such vehicle’s license
plate number shall be entered into the Police Department’s electronic
scanning system for automatic identification. The vehicle may be towed
or booted when so identified.
[Amended 4-9-2016 by Ord.
No. 728]
(1)
Before a vehicle may be released to its owner from
custody after being booted, a release fee of $80 will be charged by
the Town and all outstanding tickets issued must be paid in full.
(2)
Before
a vehicle may be released to its owner from custody after being towed
by reason of violation of any provisions of the Municipal Code of
the Town of Dewey Beach or of the State of Delaware, all outstanding
tickets issued to the owner and/or parking citations issued to the
vehicle must be paid in full. The owner or driver of the vehicle may
request a hearing before the Alderman’s Court on the parking
violation that resulted in the towing of the vehicle; and, if the
violation is dismissed, the Town will refund the fine and towing charges.
(3)
Any
ticket not paid after 10 days from the date of issuance shall be considered
delinquent.
D.
Late fees for unpaid parking fines. The Town of Dewey Beach shall
make it a policy to charge late fees for any unpaid parking fines
according to the following schedule:
[Added 4-9-2016 by Ord.
No. 728; amended 5-14-2016 by Ord. No. 730]
|
Time Frame
|
Additional Late Fine
|
Total Late Fines
|
Action Taken by the Town
| |
|---|---|---|---|---|
|
7 days after date issued
|
$5
|
$5
| ||
|
21 days after the end of the issue date calendar month
|
$10
|
$15
|
First notice sent to vehicle owner
| |
|
10 days after date of first notice
|
$10
|
$25
| ||
|
November 10
|
$10
|
$35
|
Second notice sent to vehicle owner
| |
|
December 1 SEND TO COLLECTION
|
$35
|
$70
|
Send account to collection agency
|
[Amended 7-15-1988 by Ord. No. 124; 9-10-1988 by Ord. No. 127; 4-21-1990 by Ord. No. 172; 11-10-1990 by Ord. No. 188; 12-12-1992 by Ord. No.
251; 12-15-2001 by Ord. No. 461; 2-14-2009 by Ord. No. 642; 6-12-2009 by Ord. No. 662[1]]
A.
Applicability.
Any duly constituted police officer, lifeguard captain, lifeguard
lieutenant or building official, who is authorized to enforce any
provision of the Municipal Code of the Town of Dewey Beach, may, in
addition to other penalties afforded by law, issue a summons for a
violation of any such offense and afford the offender the opportunity
to dispose of the charge without the necessity of personally appearing
in the Alderman's Court for the Town of Dewey Beach, by remitting
payment by mail or in person by cash, money order, check, debit or
credit card.
C.
Place
and time of payment. The payment must be received by the Town at its
regular place of business within 10 days from the date of issuance
(excluding Saturday and Sunday) and shall be paid by cash, check,
money order, a debit or credit card. Any payment received by the Town
which is uncollectible due to insufficient funds, closed account,
a stop-payment order or other effect resulting in nonpayment shall
result in an additional cost, penalty or court assessment which shall
be added to the total payment required.
D.
Jurisdiction. Section 1-14 shall apply to any resident of the state; and to those out-of-state residents who, in the discretion of the officer or official, are deemed to be reliable prospects for a payment of fine and assessment by voluntary assessment.
E.
Offer
and acceptance of voluntary assessment; withdrawal of acceptance;
request for hearing.
(1)
At the time of making an arrest or the issuances of a summons for
any offense, the issuing officer or official may offer the alleged
violator the option of accepting a voluntary assessment. The offender's
signature on the summons, detailing the voluntary assessment constitutes
an acknowledgment of guilt or nolo contendere to the offense stated
on the summons and an agreement to pay the fine as therein provided,
together with costs and any assessment, within 10 days from the date
of issuance (excluding Saturday and Sunday), during which time payment
must be received by the Town. In lieu thereof payment of the Voluntary
Assessment.
(2)
An offender refusing the voluntary assessment or who, after receiving
and signing the voluntary assessment, elects to withdraw acceptance
of the voluntary assessment may request a hearing on the charge stated
in the summons, provided that the offender shall, within 10 days from
the date of issuance (excluding Saturday and Sunday), notify the Town
that he or she wishes to withdraw acceptance of the voluntary assessment
and thereby request a hearing on the charge stated on the summons.
If the alleged offender notifies the Town of such withdrawal and requests
a hearing as aforesaid, no prejudice shall attach, and the offender
shall be prosecuted for the charge stated on the summons as if such
voluntary assessment had not been issued.
F.
Penalty; failure to answer a summons. If an alleged offender is offered and elects the option of accepting a voluntary assessment in accordance with Subsection E(1) of this section, payment shall be specified on the summons. If a hearing is requested, under Subsection E(2), the offender may be subject up to the maximum penalty allowed by law for the violation of the offense, at the discretion of the court. Fines and assessments may be cumulative if more than one offense is charged. If an offender neither pays the voluntary assessment nor requests a hearing on the charge in the summons within the allotted time, failure to do either one or the other may be considered a failure to answer a summons, punishable under § 1-12 of the Code of the Town of Dewey Beach.
G.
Court
costs; applicability of Delaware Victim Compensation Law. Provided
an offense is not subject to other proceedings under this section,
each fine for an offense under this section shall be subject to court
costs in an amount proscribed by a fee schedule of the court. Each
fine for a violation for commission of an offense shall also be subject
to the assessment which is or may be provided for in the Delaware
Victim Compensation Law, Chapter 90 of Title 11, and any other assessment
as provided by laws of the Town or the State of Delaware.
H.
Agreement
to accept voluntary assessment; procedure. Whenever a person is in
violation for commission of an offense of the Town Code and has elected
to make payment as herein provided, the issuing officer or official,
using a summons, shall complete the information section and acknowledge
the voluntary assessment provision by indicating the amount of the
fine, assessments and costs and have the person sign the summons,
provide one copy of the summons to the person and release him or her
from further custody. The issuing officer or official shall also inform
the person summoned of the place to which payment shall be submitted
or how notice of rejection of the voluntary assessment is to be made.
The offender's signature on the summons shall be conclusive evidence
of the notice requirement. No officer or official shall receive or
accept custody of a payment. An offer of a voluntary assessment does
not preclude the officer or official from making any other lawful
arrest with or without a warrant following the procedure for arrest
as set forth in 11 Del. C. Chapter 19.
I.
Payment
of fine as complete satisfaction; repeat offenders; prosecution.
(1)
Payment of the prescribed fine, costs and assessment, under a voluntary assessment, is a complete satisfaction for the violation, except as provided in Subsection I(2), but does not waive any administrative penalty which may be lawfully charged to the violator's driving record by this or any other state Division of Motor Vehicles.
(2)
In the event that following compliance with the payment provisions
of this section it is determined that, within a one-year period immediately
preceding the current violation, the offender was convicted of, made
a payment pursuant to this section in satisfaction of a violation
of the same section of this Town Code, or violated a probation before
judgment, a personal appearance before the court to which the summons
was returnable may be required. Notice of the time and place for the
required appearance shall be sent to the offender, at the last known
address, by the court to which the summons for the offense would be
returnable.
(3)
If a payment due pursuant to this section is not received by the
Town within 10 days from the date of issuance (excluding Saturday
and Sunday), the offender shall be prosecuted for the offense charged
in a manner as if a voluntary assessment had not been offered. Upon
conviction in such prosecution, the court to which the summons is
returnable may impose penalties as provided by the Town Code or other
laws for the particular violation charged, and the provisions of this
section as to the offer of payment of fines under a voluntary assessments
shall not apply.
J.
Administrative
procedure. The officer or official of the Town shall, after the issuance
of a summons for a violation, deliver the summons, indicating a voluntary
assessment agreement, to the court to which the summons is returnable.
The summons need not be sworn to at the time of delivery to the court;
provided, however, that the charge recorded on the summons may be
dismissed by the court, upon a motion, if said summons is not sworn
to by the officer or official prior to trial if one has been requested.
K.
Nonexclusive
procedure. The procedure prescribed is not exclusive of any other
method prescribed by law for the arrest and prosecution of persons
violating any section of the Town Code.
[1]
Editor's Note: This ordinance also provided that "the amount
of the fine for payment of a voluntary assessment, unless otherwise
provided for specifically in an ordinance for a violation of a civil,
criminal or traffic ordinance of the Town of Dewey Beach, shall be
established by the Commissioners of the Town of Dewey Beach, from
time to time, by ordinance at a regular meeting of the Commissioners
in order to provide reasonable and necessary revenue for the Town
and for the protection of the health, safety, welfare and peace and
good order of the Town in establishing such penalties."
