Kent County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Levy Court of Kent County as indicted in article histories. Amendments noted where applicable.]
Attachment 1 - Schedule A Consolidated Pen Changes to the Kent County Code Book
[Adopted 10-24-2000 by Ord. No. 00-26]

§ 1-1 Adoption of Code.

The ordinances of Kent County, State of Delaware, of a general and permanent nature, adopted by the Levy Court of Kent County, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 205, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of Kent County, hereinafter known and referred to as the "Code."

§ 1-2 Continuation of existing provisions.

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 Levy Court of Kent County, and it is the intention of said Levy Court that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.

§ 1-3 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Clerk of Kent County 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 Clerk of Kent County by impressing thereon the Seal of the County, and such certified copy shall remain on file in the office of said County Clerk to be made available to persons desiring to examine the same during all times when said Code is in effect.

§ 1-4 Amendments to Code.

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 Levy Court 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.

§ 1-5 Code book to be kept up-to-date.

It shall be the duty of the County Clerk or such other authorized person to keep up-to-date the certified copy of the book containing the Code of Kent County required to be filed in the office of the County Clerk for use by the public. All changes in said Code and all ordinances adopted by the Levy Court subsequent to the enactment of this ordinance in such form as to indicate the intention of said Levy Court 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.

§ 1-6 Severability

A. 
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. 
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.

§ 1-7 Repeal of enactments not included in Code.

All ordinances of a general and permanent nature of Kent County 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.

§ 1-8 Enactments saved from repeal; matters not affected.

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. 
Any right or liability established, accrued or incurred under any legislative provision of Kent County 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 Kent County 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 Kent County.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by Kent County or any municipal or intermunicipal agreement.
E. 
An ordinance of Kent County 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 Kent County or any portion thereof.
F. 
Any ordinance of Kent County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Kent County or other instruments or evidence of the County'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.
K. 
Any ordinance amending the Zoning Map.
L. 
Any legislation adopted subsequent to July 1, 2000.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N. 
Ord. No. 98-23

§ 1-9 Changes in previously adopted ordinances.

A. 
In compiling and preparing the ordinances of Kent County 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 Levy Court 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. 
In addition, based on final review by staff, changes are made herewith, to become effective upon the effective date of this ordinance as set forth in Schedule A attached hereto and made part hereof.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C. 
Kent County Levy Court Policies. It is to be noted that the policies contained within the Appendix to this Code are included for reference purposes only and are not a part of the Code.[2]
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
D. 
Fees. In the following sections, the fee amounts were removed and a statement added that the fee shall be as set from time to time by ordinance of the Levy Court: §§ 128-3, 128-26A, 128-27, 128-29, 128-34, 128-36; 180-11B and C; 205-17E, 205-19D and E and 205-43D(2).

§ 1-10 Incorporation of provisions into Code.

The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of Kent County, and the sections shall be numbered §§ 1-1 through 1-11, inclusive.

§ 1-11 When effective.

All provisions of the Code shall be in full force and effect on and after the effective date of the adoption of the fee schedule for all County fees or December 31, 2000, whichever is sooner.
[Adopted 10-23-2001 by Ord. No. 01-21]

§ 1-12 Readoption of Code.

The ordinances of Kent County, State of Delaware, of a general and permanent nature, adopted by the Levy Court of Kent County, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 205, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of Kent County, hereinafter known and referred to as the "Code."

§ 1-13 Continuation of existing provisions.

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 Levy Court of Kent County, and it is the intention of said Levy Court that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.

§ 1-14 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Clerk of Kent County 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 Clerk of Kent County by impressing thereon the Seal of the County, and such certified copy shall remain on file in the office of said Clerk to be made available to persons desiring to examine the same during all times when said Code is in effect.

§ 1-15 Amendments to Code.

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 Levy Court 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.

§ 1-16 Code book to be kept up-to-date.

It shall be the duty of the Clerk or such other authorized person to keep up-to-date the certified copy of the book containing the Code of Kent County required to be filed in the office of the Clerk for use by the public. All changes in said Code and all ordinances adopted by the Levy Court subsequent to the enactment of this ordinance in such form as to indicate the intention of said Levy Court 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.

§ 1-17 Severability.

A. 
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. 
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.

§ 1-18 Changes in previously adopted ordinances.

The following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance:
A. 
The following nomenclature changes are made throughout the Code:
(1) 
"Department of Inspections and Enforcement," "County Department of Inspections and Enforcement," and "Inspections and Enforcement Department" are amended to read "Division of Inspections and Enforcement."
(2) 
"Director of Inspections and Enforcement" is amended to read "Division Head of Inspections and Enforcement."
(3) 
"Director of Planning," "Planning Director" and "Director of the Department of Planning" are amended to read "Director of Planning Services."
(4) 
"Director of Geographic Systems" is amended to read "Division Head of GIS/Mapping."
(5) 
"Planning Department," "Department of Planning," "Kent County Planning Office" and "Planning Office" are amended to read "Department of Planning Services, Division of Planning."
(6) 
"County Engineer's Office" is amended to read "Department of Public Works."
(7) 
"County Engineer" is amended to read "Public Works Director."
(8) 
"Kent County Engineering Office" is amended to read "Department of Public Works, Engineering Division."
(9) 
"Parks and Recreation Office" is amended to read "Department of Community Services."
(10) 
"County Parks and Recreation Department," "Department of Parks and Recreation" and "Parks and Recreation Office" are amended to read "Department of Community Services, Parks Division."
(11) 
"Director of County Library Services" is changed to "Division Head of Library Services."
(12) 
"Director of Wastewater Facilities" is changed to "Division Head of Wastewater Facilities."
(13) 
"Director of Buildings and Grounds" is changed to "Division Head of Facilities Management."
(14) 
All references to "Director of Human Services" are deleted.
B. 
In § 180-6, the definition of "County Engineer" is replaced as follows:
PUBLIC WORKS DIRECTOR:
(1) 
The Public Works Director for Kent County.
(2) 
The person designated by the County to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
C. 
In Chapter 128, Article V, the fee amounts were removed and a statement added that the fee shall be as set from time to time by ordinance of the Levy Court.

§ 1-19 Incorporation of provisions into Code.

The provisions of this ordinance are hereby made Article II of Chapter 1 of the Code of Kent County, and the sections shall be numbered §§ 1-12 through 1-20, inclusive.

§ 1-20 When effective.

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.