[HISTORY: Adopted by the Mayor and Council
of the Town of Selbyville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-11-2000 by Ord. No. 114]
The ordinances of the Town of Selbyville, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Mayor and Council of the Town of Selbyville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 200, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Selbyville, 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 Mayor and Council of the Town of Selbyville, and it is the
intention of said Mayor and 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 office of the Town Clerk of the Town of Selbyville
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 Clerk of the
Town of Selbyville by impressing thereon the Seal of the town, and
such certified copy shall remain on file in the office of said Town
Clerk 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 Mayor and
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 Clerk or such
other authorized person to keep up-to-date the certified copy of the
book containing the Code of the Town of Selbyville required to be
filed in the office of the Town Clerk for use by the public. All changes
in said Code and all ordinances adopted by the Mayor and Council subsequent
to the enactment of this ordinance in such form as to indicate the
intention of said Mayor and 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.
A.Â
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.
B.Â
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.
All ordinances of a general and permanent nature
of the Town of Selbyville 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.Â
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Selbyville prior to
the effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.Â
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Selbyville or any penalty, punishment or forfeiture which
may result therefrom.
C.Â
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 Selbyville.
D.Â
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Selbyville or any municipal
or intermunicipal agreement.
E.Â
Any ordinance of the Town of Selbyville 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 Selbyville or any portion thereof.
F.Â
Any ordinance of the Town of Selbyville 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 Selbyville or other instruments or evidence of the town's
indebtedness.
G.Â
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.Â
The levy or imposition of special assessments or charges.
I.Â
The annexation or dedication of property.
J.Â
Any legislation relating to salaries.
K.Â
Any ordinance amending the Zoning Map.
L.Â
Any legislation adopted subsequent to 5-10-2000.
M.Â
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.Â
The Town Charter and amendments thereto.
O.Â
Ord. No. 78-A5, adopted 6-1-1998.
A.Â
In compiling and preparing the ordinances of the Town
of Selbyville 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 Mayor and Council 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.
B.Â
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).[1]
[1]
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 9-11-2000 by Ord. No. 114." A complete description of all changes is on file in the town offices.
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.
[Adopted 6-3-2002]
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 violator of any such provision of this Code
or any ordinance shall be punished by a penalty of not less than $25
nor more than $1,000, such penalty to be in the discretion of the
court, and shall pay the costs of prosecution, including the Town's
attorneys' fees, and Victims' Compensation Fund assessments 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 penalty of not less than
$50 nor more than $1,000 for each succeeding offense and shall pay
the costs of prosecution and Victims' Compensation Fund assessments
for each offense.
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 the violation of this
Code continues shall constitute a separate offense.
A.Â
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.
B.Â
For Chapters 61, Building Construction; 73, Licensing of Businesses; 95, Housing Code; 113, Numbering of Buildings; and 131, Property Maintenance, the following procedure is hereby provided to encourage compliance with said chapters:
(1)Â
Any person, firm or corporation accused of a violation of one or
more of these ordinances may settle and compromise the claim against
him/her/it for such violation by paying to the Town the sum of money
stated below as a penalty for such violation if the penalty is paid
and the violation is corrected within the amount of time stated for
said chapter. Such payment shall be in addition to any and all fees
owed the Town for compliance, such as a business license. The Town
Administrator, or his authorized representative, is authorized to
accept and receive, without a hearing; said sum of money stated below
as a penalty for such violation if the penalty is paid and the violation
is corrected within the amount of time stated for said chapter.[1]
[1]
Editor's Note: See the ''Notice of Violation of Ordinance", included as an attachment to this chapter.
