City of Rehoboth Beach, DE
Sussex County
[Adopted 11-8-1974 as Ch. 11, Art. 9, of the 1974 Code]

§ 198-20
Interfering with police officer. 

§ 198-21
Disturbing the peace. 

§ 198-22
Unlawful assemblies. 

§ 198-23
Disturbing religious worship and lawful assemblies. 

§ 198-24
Loitering; police order to disperse. 

§ 198-25
Disorderly conduct. 

§ 198-26
Certain uses of laser beams prohibited. 

§ 198-27
Discharging firearms prohibited; exception. 

§ 198-28
Sale of fireworks. 

§ 198-29
Setting off fireworks. 

§ 198-30
Sleeping on boardwalk. 

§ 198-31
(Reserved) 

§ 198-32
Sleeping in automobiles. 

§ 198-33
Halloween regulations; exceptions. 

§ 198-34
Abandoning refrigerators. 

§ 198-35
Obstructing theater exits; hinged doors. 

§ 198-36
Swimming in Lake Gerar. 

§ 198-37
Use of pavilion on boardwalk. 

§ 198-20 Interfering with police officer.

A. 

No person shall interfere with a police officer of the City in the performance of his duties.

B. 

A person shall be deemed to have violated this section if he encourages or incites another to interfere with a police officer of the City in the performance of his duties.

C. 

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined for the first offense not less than $100 nor more than $230 and shall pay the cost of prosecution.

[Added 4-21-2003 by Ord. No. 0503-6]

§ 198-21 Disturbing the peace.

[Amended 6-16-2008 by Ord. No. 0608-02; 3-19-2010 by Ord. No. 0310-04]

No person shall disturb the peace and quiet of the City. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Any person who violates this section shall pay a civil assessment of $100.

§ 198-22 Unlawful assemblies.

A. 

No person shall participate in any unlawful assembly characterized by the use of actual force or violence, the willful destruction of public or private property or any threat to use force or violence, or threaten the willful destruction of public or private property, or any other tumultuous or violent disturbance of the public peace by two or more persons acting together without authority of law.

B. 

One or more persons may be charged individually with violation of this section, provided that at the trial of such person, it is proved that they are engaged in the above-described unlawful conduct in conjunction with at least two other persons.

C. 

Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 198-23 Disturbing religious worship and lawful assemblies.

A. 

No person shall disrupt or disturb any congregation or assembly met for religious worship by noise, talking or whispering, or by rude or indecent behavior, or by profane language within their place of worship, or within 300 feet of the place of worship.

B. 

No person shall disturb any lawful assembly or gathering of people in any public place.

C. 

Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 198-24 Loitering; police order to disperse.

A. 

No person shall loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:

(1) 

Obstruct any public street, public highway, public sidewalk, boardwalk or any other public place or building by hindering or impeding or tend to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.

(2) 

Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and there to.

B. 

When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.

§ 198-25 Disorderly conduct.

[Amended 1-8-1982 by Ord. No. 182-1; 3-13-1992 by Ord. No. 392-1]
A. 

A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he does any of the following acts in an unreasonable manner so as to commit a breach of peace:

(1) 

Creates a disturbance of the public order by an act of violence.

(2) 

Engages in fighting or in violent, threatening or tumultuous behavior.

(3) 

Makes any unreasonably loud noise.

(4) 

Addresses abusive language or threats to any person present which creates a clear and present danger of violence.

(5) 

Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer where one or more persons are committing acts of disorderly conduct in the immediate vicinity.

(6) 

Damages, befouls or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition.

(7) 

Commits a trespass on public, semipublic or private property. Trespass for the purpose of this article shall mean:

(a) 

Entering upon, or refusing to leave, any public, semipublic or private property of another, either where such property has been posted with "NO TRESPASSING" signs or where immediately prior to such entry or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry or continued presence is prohibited.

(b) 

Entering upon, or refusing to leave, any public or semipublic property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning such property, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.

(8) 

Is drunk or intoxicated in any public place or under the influence of any narcotic drug in any public place in the city.

(9) 

Collects or assembles in crowds and bodies for unlawful, mischievous purposes to the annoyance or inconvenience of others or is involved in, incites or attempts to incite a riot.

(10) 

Assembles and stands or sits in crowds or loiters about or hinders, obstructs, impedes or blocks the free and uninterrupted passage of any sidewalk, street, alley or driveway or in front of any place of business or in any hall, stairway, office, courtroom or public hall or building or any other public place in the City and fails to disperse upon the command of a police officer or other lawful authority.

(11) 

Jostles or roughly crowds people unnecessarily in a public place by being offensive to public order or decency.

(12) 

Stands, loiters or strolls about in any public place awaiting or seeking an opportunity to obtain money or things of value from others by trick or fraud or to aid or assist therein.

(13) 

Loiters, idles, is present or gathers with others in or on any public property, private parking lot or other private property during hours or times when such premises are posted as not being open to the general public.

(14) 

Utters any lewd or filthy words or uses any threatening language toward any other person, or shall make any obscene gesture to or about any other person in any public place, which is likely to provoke the average person to retaliation and thereby cause a breach of the peace.

B. 

This section shall not apply to peaceful assemblies, picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.

C. 

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined for the first offense not less than $50 nor more than $150 and shall pay the costs of prosecution, and for each subsequent violation of any provision of this section, such person shall be fined not less than $75 nor more than $200 and shall pay the costs of prosecution. For all purposes of this section, a subsequent violation, before being punishable as such, shall have been committed within 30 days after the commission of the prior offense.

§ 198-26 Certain uses of laser beams prohibited.

[Added 8-3-1998 by Ord. No. 898-1]

No person shall focus, point or shine a laser beam, directly or indirectly, on another person in such a manner as is intended to harass, annoy or place another person in fear of imminent physical injury.

§ 198-27 Discharging firearms prohibited; exception.

A. 

No person shall discharge any firearm within the corporate limits of the city.

B. 

This section shall not apply to any person in the defense of his life or property or to any police officer in the lawful pursuit of his duties.

C. 

As used in this section, "firearm" shall mean and include any gun, revolver, pistol or other device capable of propelling a missile by explosion of powder, compression of air, springs or by any other means.

§ 198-28 Sale of fireworks.

No person shall sell, hawk or vend fireworks, as defined in § 198-29, within the limits of the city, without the written consent of the City Manager.

§ 198-29 Setting off fireworks.

[Amended 6-8-1979 by Ord. No. 679-1]
A. 

No person shall set off or light any fireworks of any kind or description within the corporate limits of the city.

B. 

As used in this section and § 198-28, "fireworks" shall mean any combustible or explosive composition or substance prepared for the purpose of producing a visible or an audible effect by combustion or explosion and shall include blank cartridges, toy pistols and cannons in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, sparklers or other fireworks of like construction.

C. 

This section shall not apply to authorized public displays.

D. 

Any person violating any of the provisions of this section shall upon conviction be fined for the first offense not less than $100 nor more than $230 and shall pay the cost of prosecution.

[Added 4-21-2003 by Ord. No. 0503-6]

§ 198-30 Sleeping on boardwalk.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall sleep, lie or occupy as a sleeping quarter, or under the guise of pretending to sleep on the boardwalk, any bench located on the boardwalk in any pavilion located at the end of any street or on any bench located on any street. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-31 (Reserved)

Editor's Note: Former § 198-31, Vehicles prohibited from boardwalk; exceptions; bicycles, as amended, was repealed 11-3-2008 by Ord. No. 1108-01. See now § 98-11.

§ 198-32 Sleeping in automobiles.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall sleep in, lie in or occupy as sleeping quarters, or under the guise of pretending to sleep, any vehicle parked or standing on any public street or other public place within the corporate limits of the City. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-33 Halloween regulations; exceptions.

[Amended 10-14-1977 by Ord. No. 1077-2; 10-11-1991 by Ord. No. 1091-1]
A. 

No person shall permit his child or any child under his control to go about the streets, ways and/or sidewalks within the corporate limits of the City of Rehoboth Beach for the purpose of causing mischief of any sort; provided, however, that children who have not attained the age of 14 years may go upon the streets, ways and/or sidewalks from door to door or house to house for treats between the hours of 6:00 p.m., prevailing time, and 8:00 p.m., prevailing time, on October 31 of any year; provided, however, that if October 31 shall be a Sunday, such going from door to door and house to house for treats shall take place on the evening of October 30 between the hours of 6:00 p.m., prevailing time, and 8:00 p.m., prevailing time.

B. 

Nothing in this section shall be deemed to prohibit the gathering and participation of children in a Halloween parade or costume contest sponsored by the Rehoboth Beach Chamber of Commerce or the service clubs of the city.

§ 198-34 Abandoning refrigerators.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snaplock or other locking device which may not be released from the inside without first removing the door or lid, snaplock or other locking device from the icebox, refrigerator or container.

§ 198-35 Obstructing theater exits; hinged doors.

A. 

All doorways, hallways, exitways and passageways leading from the interior of any building used as a theater, moving picture house or other place of public gathering or amusement, at all times during which members of the general public are gathered therein, shall be kept absolutely free and clear of all obstructions, such as signboards, stands, billboards or other impediments, excepting always light-locks required by law.

B. 

All doors hung or erected in any such doorway or exitway or at either end of any hallway or passageway shall be hinged so as to swing or open towards the exterior of any such building. At all times during which members of the general public are gathered therein, any and all such doors of any such building shall remain unbelted and unlocked.

§ 198-36 Swimming in Lake Gerar.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall swim or bathe in the waters of Lake Gerar within the corporate limits of the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-37 Use of pavilion on boardwalk.

[Added 8-14-1987 by Ord. No. 887-4; amended 6-16-2008 by Ord. No. 0608-02; 12-16-2011 by Ord. No. 1211-02]

No person shall occupy any pavilion located at the end of any street adjacent to the boardwalk between the hours of 1:00 a.m. and daybreak. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.