[HISTORY: Adopted by the Levy Court of Kent
County as indicted in article histories. Amendments noted where applicable.]
[Adopted 10-24-2000 by Ord. No. 00-26]
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."
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.
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.
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.
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.
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.
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.
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
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.
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]
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."
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.
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.
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.
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.
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.
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.
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.
