[HISTORY: Adopted by the Commissioners of the Town of Henlopen 1-14-2000.
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 35.
The easements known as "Holly Walk," "Greenway," "Gypsy Lane," "Indian
Trail," "Fox Run," "Willow Bend," "Point O'Woods," "Beach Path," "Bayberry
Path," "Pines' End" and "Brightwater Ride," as shown on the plot of Henlopen
Acres dated July 22, 1930, and of record in the Office of the Recorder of
Deeds in and for Sussex County, at Deed Book 280 at page 597 and as revised
in Plot Book 2 at page 1; and as shown on the 1957 revision, not of record,
but available in the Town Hall, are easements on private property and which
easements are subject to regulation by the Commissioners of the Town of Henlopen
Acres.
The bridle paths may be used by the Town of Henlopen Acres, its successors,
assigns, agents, employees and, with the permission of the Town of Henlopen
Acres, by the representatives of utility companies, private, public or quasi-public
and representatives of public agencies.
No individual who is not an owner of any lot in the Town of Henlopen
Acres or is not a resident of the Town of Henlopen Acres shall enter on or
use any bridle path within the Town of Henlopen Acres without the express
permission of the Town of Henlopen Acres.
A.
Bridle paths may be used by the residents and the owners
of property in the Town of Henlopen Acres as bridle paths, for the purpose
of removing brush or trash and for passage; however, residents and owners
of property in the Town of Henlopen Acres are prohibited from erecting or
improving the bridle paths with hedges, shrubberies, fences, buildings or
other erections or improvements.
B.
A permit for access other than pedestrian passage to
the bridle paths shall be required.
[Added 10-8-2004]
(2)
An amount of $5,000, cash or in a form acceptable to
the Town, shall be deposited by owner, his/her/their agents, employees or
assigns, prior to the issuance of any permit for entrance on or use of any
bridle path within the Town. Such deposit shall be used by the Town to repair
any damage to the bridle path in the event such damage is not repaired by
the owners, his/he/their agents, employees or assigns. It shall be the responsibility
of the owner to see that all repairs identified by the Town are completed
satisfactorily within 30 days of notice from the Town. Once such repairs are
accepted by the Town, the deposit or that amount remaining of the deposit
shall be refunded within 30 days of such acceptance. However, if repairs are
not completed satisfactorily to the Town, within said 30 days, the Town may
complete such repairs and the Town may, without further notice, make the identified
repairs to the bridle path and shall subtract the cost thereof from the deposit
being held by the Town. If the amount of the cost of the repair exceeds the
amount of deposit, the owner of the property shall be responsible for the
difference together with an additional charge of 20% of the cost thereof to
cover administrative expenses and an additional charge for the cost of any
postage, plus accrued interest at the rate of 6% per annum from the date of
completion of the work if not paid by the owner prior thereto.
No vehicles shall be permitted on the bridle paths except as expressly
permitted by the Town of Henlopen Acres.
Any person violating any of the provisions of this chapter shall be
fined not less than $50 nor more than $500 or imprisoned for a period of not
more than 10 days, or both, and shall pay the cost of prosecution, including
the Town's Attorney's fees, and shall pay the victim's compensation
fund assessment for each offense. Each day that such violation continues after
notice by the Town or by service of a warrant and prosecution or in any other
way that he is committing such violation of this chapter shall constitute
a separate offense punishable by a like fine.
