Slaughter Beach Town Code Title V Chapter 1 — Assessments for Municipal Taxation
Slaughter Beach, Delaware
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SLAUGHTER BEACH
TOWN CODE
JUNE 2020
Updated May 28, 2021
ii
Table of Contents
TITLE I .............................................................................................................................................................. 1
CHAPTER 1 - ADMINISTRATIVE MATTERS .................................................................................................. 1
I.1.1
Adoption of Code ........................................................................................................................ 1
I.1.2
Copy of Code on File ................................................................................................................... 1
I.1.3
Amendments to Code ................................................................................................................. 1
I.1.4
Code Book to be Kept Up-to-Date .............................................................................................. 1
I.1.5
Severability .................................................................................................................................. 1
I.1.6
[RESERVED] ................................................................................................................................. 2
I.1.7
When Effective ............................................................................................................................ 2
I.1.8
Definitions ................................................................................................................................... 2
I.1.9
Savings Clause ............................................................................................................................. 2
I.1.10
Enforcement............................................................................................................................ 3
CHAPTER 2 - INDEMNIFICATION OF MUNICIPAL OFFICERS AND EMPLOYEES........................................... 4
I.2.1
Indemnification; Defense to be Provided ................................................................................... 4
I.2.2
Monetary Settlements to be Approved ...................................................................................... 4
I.2.3
Determination of Town Council .................................................................................................. 5
I.2.4
Expenses ...................................................................................................................................... 5
I.2.5
Indemnification and Advancement of Expenses......................................................................... 5
CHAPTER 3 - ADOPTION OF ORDINANCES ................................................................................................ 6
I.3.1
Amendment or Repeal of Existing Ordinances ........................................................................... 6
I.3.2
Preparation of Ordinances .......................................................................................................... 6
I.3.3
Introduction of Ordinances ......................................................................................................... 6
I.3.4
Adoption of Ordinances .............................................................................................................. 6
I.3.5
Form of Ordinance ...................................................................................................................... 6
I.3.6
Authentication; Recording; Publication ...................................................................................... 7
I.3.7
Internal Procedures Only ............................................................................................................ 7
Chapter 4 - Town Council Meetings ........................................................................................................... 8
I.4.1
Regular Meetings ........................................................................................................................ 8
I.4.2
Place of Meetings ........................................................................................................................ 8
Chapter 5 - Election Ordinance .................................................................................................................. 8
I.5.1
Voting Hours. .............................................................................................................................. 8
I.5.2
Proof of Eligibility to Vote. .......................................................................................................... 8
I.5.3
Board of Elections. ...................................................................................................................... 9
iii
I.5.4
Absentee ballot voting. ............................................................................................................. 10
TITLE II ........................................................................................................................................................... 11
CHAPTER 1 - PEACE AND GOOD ORDER ................................................................................................... 11
II.1
Garbage and Property Maintenance Standards ...................................................................... 11
II.2
Discharge of Air Guns and Firearms ....................................................................................... 11
II.3
Bonfires and Marsh Burning .................................................................................................... 11
II.4
Camping, Occupancy of Trailers, Recreational Vehicles ....................................................... 13
II.5
Regulating the Keeping of Dogs, Prohibiting Vicious and/or Noisy Dogs, Authorizing the
Impounding and Destruction of Dogs ................................................................................................ 13
II.6
Use of Specified Public Places and Facilities; Prohibited Hours ................................................ 15
II.7
Repair or Demolition of Dangerous Buildings ........................................................................... 19
II.8
Controlling the Height of Grass, Weeds, and Other Vegetation .............................................. 24
II.9
Construction Hours .................................................................................................................. 25
II.10
Special Events (Adopted 3/8/21, Ord. #21-01) ......................................................................... 25
II.11
[RESERVED] ............................................................................................................................... 33
II.12
Abandoned, Wrecked, Junked, or Dismantled Vehicles ........................................................... 34
TITLE III .......................................................................................................................................................... 39
ENVIRONMENT ......................................................................................................................................... 39
CHAPTER 1
REMOVING SAND FROM THE BEACH ............................................................................ 39
CHAPTER 2
REMOVAL OR DESTRUCTION OF BEACH VEGETATION AND EVERGREEN TREES .......... 39
CHAPTER 3
PROHIBITING MOTOR VEHICLES ON THE BEACH ...................................................... 40
TITLE IV ......................................................................................................................................................... 42
ZONING, SUBDIVISION, FLOOD INSURANCE, HOUSING CODES ........................................................... 42
CHAPTER 1 ............................................................................................................................................ 42
TITLE V ........................................................................................................................................................... 43
REVENUE AND TAXATION: FISCAL MATTERS ........................................................................................... 43
CHAPTER 1
ASSESSMENTS FOR MUNICIPAL TAXATION.................................................................. 43
CHAPTER 2
REALTY TRANSFER TAX .................................................................................................. 43
1
TITLE I
CHAPTER 1 - ADMINISTRATIVE MATTERS
I.1.1
Adoption of Code
The ordinances of the Town of Slaughter Beach, County of Sussex,
State of Delaware, of a general and permanent nature, hereby adopted
by the Town Council of the Town of Slaughter Beach, as revised,
codified and consolidated into titles, chapters and sections and
consisting of Titles I through V, are hereby approved, adopted,
ordained and enacted as the Code of the Town of Slaughter Beach,
hereinafter known and referred to as the "Code".
I.1.2
Copy of Code on File
A copy of the Code is filed in the office of the Town Clerk of the
Town of Slaughter Beach. An electronic version is available for
public use and examination on the Town website.
I.1.3
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 Town 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.
I.1.4
Code Book to be Kept Up-to-Date
It shall be the duty of the Town Secretary or such other authorized
person to keep up-to-date the certified copy of the book containing
the Code of the Town of Slaughter Beach and the electronic version
of the Code as mentioned heretofore. All changes in said Code and
all ordinances adopted by the Town Council subsequent to the
enactment of this ordinance shall, when finally enacted or adopted,
be included therein. All additions, deletions, amendments, or
supplements codified as part of this Code shall reference,
immediately beneath the revised paragraph or section, the date of
adoption and the number of the ordinance effectuating the revision.
I.1.5
Severability
I.1.5.1 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
2
not be deemed to affect the validity or constitutionality
of any section of part thereof.
I.1.5.2 Each section of Town Code 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.
I.1.6
[RESERVED]
I.1.7
When Effective
All provisions of the Code shall be in full force and effect
immediately upon its final adoption.
I.1.8
Definitions
Except as otherwise expressly stated in the Town Code or Town
Charter, the following terms shall for purposes of interpreting and
applying all provisions of this Code have the following meanings:
(a)
Persons(s): Any natural person, partnership, joint venture,
unincorporated association, limited liability company,
corporation, or any artificial legal entity recognized at
law or in equity.
(b)
Town: The Town of Slaughter Beach, a municipal corporation
of the State of Delaware
I.1.9
Savings Clause
I.1.9.1 Except to the extent specifically repealed, all ordinances
adopted by the Town Council of Slaughter Beach and in force
at the time of approval, acceptance and going into effect
of this Code, are continued in force until the same or any
of them shall be repealed, modified, or altered by the Town
Council of Slaughter Beach.
I.1.9.2 All of the acts and/or doings of the Town Council of
Slaughter Beach or of any official, or of the Mayor, or
the Town, which shall have been lawfully done or performed
under the provisions of any ordinance of the Town prior to
the approval, acceptance and going into effect of this Code
are hereby ratified and confirmed, unless otherwise
expressly provided herein to the contrary.
I.1.9.3 All taxes, assessments, license fees, penalties, fines,
forfeitures, and other charges due to the Town, and all
debts due from the Town of Slaughter Beach, shall remain
unimpaired until paid to or by the Town, regardless of the
adoption of this Code.
3
I.1.10
Enforcement.
I.1.10.1 The Town may enforce any violations of the Town Code or
any other ordinance, law, or regulation adopted by the Town
Council pursuant to any available legal means, including seeking
an enforcement order from the Court of Chancery.
I.1.10.2 Any civil penalties imposed pursuant to the Town Code or
any other ordinance, law, or regulation adopted by the Town
Council that is final and non-appealable, including any civil
penalties imposed by Sussex County, may be added to the property
tax bill for the property that was the subject of the citation as
authorized by 25 Del. C. §2901.
4
CHAPTER 2 - INDEMNIFICATION OF MUNICIPAL OFFICERS AND
EMPLOYEES
I.2.1
Indemnification; Defense to be Provided
The Town of Slaughter Beach shall indemnify, from the general funds
of the Town's treasury, to the extent not otherwise covered by
appropriate insurance (and only to the extent not otherwise covered
by appropriate insurance), any person who was or is a party to, or
is threatened to be made a party to, any threatened, pending or
completed action, suit or proceedings, whether civil, criminal,
administrative or investigative (other than an action by or in the
right of the Town of Slaughter Beach itself), by reason of the fact
that he or she is or was a Town Council member, Mayor or other duly
elected or appointed Town official or employee of the Town of
Slaughter Beach or arising out of actions taken by each or any of
them in connection with the performance of their official duties,
against expenses (including attorney's fees), judgments, fines, and
amounts paid in settlement, actually and reasonably incurred by him
or her in connection with such action, suit or proceeding, if he
or she acted in good faith and in a manner he or she reasonably
believed to be in or not opposed to the best interests of the Town;
and, with respect to any criminal action or proceeding, had no
reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by judgment, order,
settlement, conviction or upon a plea of nolo contendere or its
equivalent shall not, of itself, create a presumption that the
person did not act in good faith or in a manner which he or she
reasonably believed to be in or not opposed to the best interests
of the Town of Slaughter Beach and, with respect to any criminal
action or proceeding, had reasonable cause to believe that his/her
conduct was unlawful.
In making the determination as to whether or not the matter or
claim is covered by "appropriate insurance", such policy(s) of
insurance shall be construed, applied, and enforced as if this
ordinance did not exist, and any amounts remaining thereafter shall
then be deemed to be "not otherwise covered by appropriate
insurance". This ordinance shall not create any right(s) in any
insurance company to deny coverage or to assert that the coverage
provided by it is secondary to the indemnification rights provided
by this ordinance.
I.2.2
Monetary Settlements to be Approved
In the event of monetary settlement, the Town Council shall first
approve the amount and terms of the settlement before the right to
indemnification shall vest.
5
I.2.3
Determination of Town Council
Indemnification, as provided in this chapter, shall be made by the
Town only as authorized in the specific case upon a determination
that indemnification of any member of the Town Council, Mayor,
and/or Town officer or employee is proper in the circumstances
because he or she met the applicable standards of conduct set forth
above. Such determination shall be made:
I.2.3.1 By a majority vote of a quorum of the Town Council
consisting of Council members who were not parties to such
action, suit or proceeding; or
I.2.3.2 If such a quorum is not obtainable, by independent legal
counsel in a written opinion. Even if a quorum is
obtainable, the Town Council may request a written
recommendation from independent legal counsel prior to
making a decision.
I.2.4
Expenses
Expenses (including attorneys' fees) incurred by a municipal
officer
or
employee
in
defending
any
civil,
criminal,
administrative or investigative action, suit or proceeding may be
paid by the Town in advance of the final disposition of such action,
suit or proceeding upon receipt of a written promise, with
appropriate surety, by or on behalf of such municipal officer or
employee to repay such amount if it shall ultimately be determined
that he or she is not entitled to be indemnified by the Town as
authorized in this ordinance.
I.2.5
Indemnification and Advancement of Expenses
The indemnification and advancement of expenses provided by, or
granted pursuant to this chapter, shall, unless otherwise provided
when authorized or ratified, continue as to a person who has ceased
to be a municipal officer or employee, and shall inure to the
benefit of the heirs, executors and administrators of such person.
The right to indemnification shall be limited to the sum of the
Town's total tax revenues for the two fiscal years immediately
preceding the date of incident for which indemnification is sought.
6
CHAPTER 3 - ADOPTION OF ORDINANCES
I.3.1
Amendment or Repeal of Existing Ordinances
No existing ordinance or part of this Code shall hereafter be
amended or repealed, except by an ordinance specifically amending
or repealing the existing ordinance or section of this Code. The
adoption of such an ordinance repealing or amending an existing
ordinance shall be dealt with as the adoption of a new ordinance,
except where otherwise stated herein.
I.3.2
Preparation of Ordinances
Ordinances may be prepared by the Town Solicitor, or by any member
of Town Council (hereinafter called "Council"), but no ordinance
shall be presented for final passage until reviewed by the Town
Solicitor as to form and legality.
I.3.3
Introduction of Ordinances
A proposed ordinance must be introduced and sponsored by a member
of the council.
I.3.4
Adoption of Ordinances
No ordinance shall be adopted, amended, or repealed unless at least
15 days public notice is given to the taxpayers, property owners,
and voters of the Town.
Notice shall be provided by public posting in at least one
public place in the Town and on any website operated by the Town
Nothing herein shall prohibit the Town Council from taking any
action without such advance public notice where such action is
required by emergency or other exigency; but in such event,
notice as herein provided shall be given as soon as conveniently
possible and in no event later than 15 days following the taking
of such action.
The Town Council may combine notice of any number of such
proposed and/or previously taken actions in one notice which
may be included in the Town's Annual Newsletter if one exists.
I.3.5
Form of Ordinance
I.3.5.1 Each new ordinance shall contain the following:
(1) The number of the ordinance.
(2) The title, which shall clearly express the subject of
the ordinance. No ordinance shall relate to more than
one (1) subject.
(3) An enacting clause, stating that the ordinance has been
7
duly adopted by a majority of the entire Council.
(4) The body of the ordinance.
(5) The civil penalty, if any.
(6) The effective date.
I.3.5.2 Each amendment to an existing ordinance or the repeal of
an existing ordinance shall, in addition to the items
listed in Subsection I.3.5.1 above, contain the title and
section and number of the ordinance being amended or
repealed.
I.3.6
Authentication; Recording; Publication
A.
Upon the adoption of any ordinance, the Mayor and Secretary
of the council shall sign one (1) copy of the ordinance
(dated as of its adoption) to authenticate that document as a
true and correct record of the action taken by the council.
B.
The Town Secretary shall maintain a file of all ordinances
passed, repealed or amended by the Council, which shall be
organized according to title and ordinance number. The
original signed copy of the ordinance shall be placed in this
file and shall be an official record of the action taken by the
council.
C.
Where any ordinance providing a penalty for violation is
adopted or amended, the Town Council shall cause public notice
thereof to be promptly given by posting notice thereof at one
public place in Town and publishing notice thereof in a
newspaper of general circulation in the Town; provided that
failure to post and/or publish such notice shall not
invalidate the ordinance or prevent its enforcement.
I.3.7
Internal Procedures Only
The purpose of this ordinance is to provide an orderly procedure
for the internal convenience and benefit of the Town Council in
adopting,
amending,
or
repealing
ordinances.
Substantial
compliance herewith shall be sufficient. The failure of the
Town Council to strictly comply with any or all of the provisions
of this ordinance shall not invalidate any ordinance adopted by
the Town Council that is otherwise in compliance with the
provisions of the Town Charter nor shall any such non-compliance
give any citizen, other than a member of the Town Council, any
right or standing to object to the Council's failure to strictly
comply with the terms and provisions of this ordinance.
8
Chapter 4 - Town Council Meetings
I.4.1
Regular Meetings
The Town Council shall meet regularly during the year. The regular
meetings shall be held monthly at such date, time, and location as
established by the Town Council at the organizational meeting;
however, Council shall not hereby be prohibited from rescheduling
such meetings from time to time during the year as the need arises.
I.4.2
Place of Meetings
No action of the Town Council may be taken by the Town Council
except at a duly convened regular or special meeting held in the
Town of Slaughter Beach. In times of public emergency and when
authorized by the laws of the State of Delaware in effect at that
time, a quorum of the Town Council may take action at meetings
being held electronically via teleconference or video conference.
Chapter 5 - Election Ordinance
I.5.1
Voting Hours.
For regular municipal elections held in Slaughter Beach, all
polling places shall be open for voting for at least four (4) hours.
I.5.2
Proof of Eligibility to Vote.
a. Sussex County Property Tax Records considered proof of address.
The most recent Sussex County Property Tax records available
as of May 1st of the year in which an election will be held
shall be considered proof of address for all individuals
identified in those records as Slaughter Beach property owners.
All individuals identified in the Sussex County Property Tax
records or on the Supplemental List of Property Owners
maintained in accordance with paragraph d. hereof shall only
be required to provide proof of identity at the time of voting
in any of the forms authorized by 15 Del. C. Chapter 75
("Municipal Elections"). All individuals seeking to vote in a
municipal election whose names do not appear on the Sussex
County Property Tax records or the Supplemental List of
Property Owners shall be required to provide proof of identity
and proof of residence or ownership address at the time of
voting.
b. Publication of Sussex County Property Tax Records. Each year
in which a municipal election is to be held, at least twenty
(20) days prior to the date of the election, the Town of
Slaughter Beach shall make the Sussex County Property Tax
9
Records and the Supplemental List of Property Owners created
pursuant to section (d) herein available for review by property
owners in Slaughter Beach by posting the Sussex County Property
Tax Records and Supplemental List of Property Owners on the
town's website and providing a copy for review at the regularly
schedule Town Council meeting immediately prior to the annual
election. Property owners shall also be permitted to submit a
request to the Town via telephone or electronic mail to
ascertain whether or not that individual is listed on the
Sussex County Property Tax records or the Supplemental List of
Property Owners.
c. Notification. The Town newsletter (to be sent out no later than
May 1 of each year) and the Notice of Elections posted by the
Town shall include the ways in which property owners may review
the Sussex County Property Tax Records and Supplement List of
Property Owners to determine whether or not their names are
listed in the Sussex County Property Tax Records or
Supplemental List of Property Owners.
d. Supplemental List of Property Owners. The Town of Slaughter
Beach shall maintain a Supplemental List of Property Owners
for those property owners whose names are not found in the
Sussex County Property Tax Records and who have provided the
Town with proof of address for purposes of voting in a
municipal election. Once a property owner has provided proof
of address, that individual's name and the address of the
property owned by that individual shall remain on the
Supplemental List of Property Owners until such time as the
individual asks to have his or her name removed or until such
time as the Town discovers the individual no longer owns
property in Slaughter Beach.
I.5.3
Board of Elections.
a. Appointment. The Board of Elections shall be appointed annually
by the Town Council prior to the regularly scheduled Town
Council meeting held in May of each year.
b. Number of members. The Board of Elections shall consist of
three (3) members qualified pursuant to the Town Charter to
serve on the Board of Elections.
c. Alternate members. If the Town Council decides to appoint one
(1) or more individuals as alternate Board of Elections
members, those individuals shall be ordered as first alternate,
second alternate, third alternate, etc. In the event that a
member of the Board of Elections resigns or is otherwise unable
to fulfill his/her associated duties, the first alternate shall
be sworn in as a Board of Elections member. Once an alternate
10
has been sworn in as a member of the Board of Elections, the
next vacancy on the Board of Elections shall be filled by the
next alternate in the originally established order of
alternates.
I.5.4
Absentee ballot voting.
Beginning with the municipal elections to be held in the year 2015,
the Town of Slaughter Beach shall offer absentee ballot voting to
those individuals qualified under the Town's Charter to vote using
absentee ballots, which voting shall be conducted in accordance
with the absentee ballot voting procedures outlined in 15 Del. C.
Ch. 75 ("Municipal Elections"), as it may be hereby amended from
time to time, and in accordance with any other existing or future
corresponding provisions of law.
11
TITLE II
CHAPTER 1 - PEACE AND GOOD ORDER
II.1
Garbage and Property Maintenance Standards
The regulations set forth in Sussex County Code Chapter 71
("Housing Standards"), excluding Sections 71-26 ("Condemnation")
and 71-32 ("Demolition"), are expressly adopted by the Town of
Slaughter Beach and incorporated herein by specific reference
thereto, provided that any inconsistencies between Chapter 71 of
the Sussex County Code and specific provisions of the Slaughter
Beach Town Code shall be resolved in favor of the Slaughter Beach
Town Code.
II.2
Discharge of Air Guns and Firearms
II.2.1
Definitions
Air gun: A weapon which by compressed air or gas, discharges or
projects a pellet, slug, bullet or BB shot.
Firearm: A weapon from which a shot, bullet, pellet, slug, or
other projectile may be discharged by force of combustion,
explosive, gas, and/or mechanical means.
Bow and arrow: Any bow designed to fire an arrow having a short
petal or composite tip.
II.2.2
Discharge Prohibited
It shall be unlawful for any person to fire or discharge any air
gun, firearm, or a hunting bow and arrow within the municipal limits
of the Town. All those justification defenses found in Title 11 of
the Delaware Code are incorporated herein by reference thereto
II.2.3
Penalty
Any person violating this ordinance shall be fined not less than
$100.00 nor more than $150.00 for the first offense and not less
than $200.00 nor more than $500.00 for any subsequent offense,
including the costs of prosecution.
II.3
Bonfires and Marsh Burning
II.3.1
Bonfires
No person shall kindle or maintain any bonfire or authorize any
such fire to be kindled or maintained on any private land unless;
(1) the location is not less than fifty (50) feet from any structure
and adequate provision is made to prevent fire from spreading to
12
within fifty (50} feet of any structure, or (2) the fire is
contained in an approved waste burner located safely not less than
thirty (30) feet from any structure. Bonfires shall be constantly
attended by a competent person until such fire is extinguished.
This person shall have a garden hose connected to the water supply
or other fire extinguishing equipment readily available for use.
II.3.2
Fires on the Beach
No person shall kindle or maintain any bonfire on the beach
unless:
A. That person is the owner of record title to the land
comprising such beach or has the permission of such record
owner, AND
B. The location is at least fifty (50) feet from the nearest
dune grass or other vegetation, AND
C. The fire does not pose an unreasonable risk of spreading
because of its size and/or wind conditions, AND
D. Such fire is constantly attended by a competent person
until fully extinguished, AND
E. The wind is NOT blowing from any direction (e.g., north,
north by northeast, northeast, northeast by east, east,
east by southeast, southeast, south by southeast, south)
so that smoke from any fire on the beach is being blown in
the direction of any structure on any property fronting on
the Delaware Bay.
II.3.3
Marsh Burning
No person shall kindle or set fire to any marsh lands in the
Town without prior approval from the Chief or Assistant Chief
of the Slaughter Beach Memorial Fire Company and/or the
appropriate State Authorities.
II.3.4
State Regulations
All fires authorized pursuant to this II.3 ("Bonfires and Marsh
Burning") shall be subject to those regulations found in Title
7, Section 1100 ("Air Quality Management), subsection 1113
("Open Burning").
II.3.5
Penalty
Any person violating this ordinance shall be fined not less than
$100.00 nor more than $150.00 for the first offense and not less
than $200.00 nor more than $500.00 for any subsequent offense,
including the costs of prosecution.
13
II.4
Camping, Occupancy of Trailers, Recreational
Vehicles
II.4.1
Definitions
Trailer: Any vehicle or conveyance, used or designed to be self-
propelled or towed, and used or designed for human habitation,
containing one or more of the following features: sleeping
facilities,
bathroom
facilities,
facilities
for
storage,
preparation and/or consumption of food for meals. "Trailer" shall
include, but not be limited to: recreational vehicles, conversion
vans, travel trailers, house trailers, campers, camper vans, and
camper trailers.
Camping: Residing, temporarily or permanently, in quarters
other than a unit designed and equipped for extended human
habitation in all weather and seasons. Camping includes but is
not limited to occupancy of a tent, lean-to, camper trailer, or
exposed to the elements.
II.4.2
Prohibition
No person shall camp within the Town limits, excluding overnight
camping by residents or property owners of the Town on property
in their ownership or possession, or with written permission of
the owner, for a maximum of seven (7) consecutive days, nor more
than twenty-four (24) days in any calendar year.
II.4.3
Penalty
Any person violating this ordinance shall be fined not less than
$50.00 nor more than $100.00 for the first offense and not less
than $150.00 nor more than $200.00 for any subsequent offense,
including the costs of prosecution.
II.5
Regulating the Keeping of Dogs, Prohibiting
Vicious and/or Noisy Dogs, Authorizing the Impounding
and Destruction of Dogs
II.5.1
Definitions
Dog shall mean either a male or female animal.
Owner shall mean any person or persons, firm, association, or
corporation owning, keeping, harboring or having possession of a
dog.
At Large shall mean off the premises of the owner and not under the
direct and immediate control of a human being by physical
restraining (e.g., lease, cord, chain, or rope).
Vicious dog shall mean any dog which constitutes a physical threat
14
to human beings or other animals by virtue of one unprovoked attack
resulting in serious physical injury or property damage or two or
more unprovoked attacks resulting in other physical injury or
property damage. Evidence of a prior instance of a dog biting a
human being, without provocation, shall be prima facie evidence
that the dog is vicious. A vicious dog will also include any dog
away from the property of the owner which constitutes a physical
threat to human beings or other animals by showing its teeth,
snarling, growling, or barking in a menacing manner. Dangerous dog
shall also include any dog deemed to be dangerous pursuant to 16
Del. C. § 3071F.
Noisy dog shall mean any dog that repeatedly, frequently,
continuously, or habitually barks, whines or howls so as to make a
disturbance.
II.5.2
Keeping of Dogs
The owner of any dog shall at all times maintain the area wherein
said dog is kept, along with the yard of the property at which the
dog resides, in a clean and sanitary condition, free of unreasonable
accumulations of dog waste and refuse.
II.5.3
Prohibition Against Running At Large
A. The owner of any dog within the Town shall keep the same
securely upon his own premises or under the direct and
immediate control of said owner or some other person by means
of physical restraint (leash, cord, chain, rope or fence). No
dog shall be permitted to run at large within the Town at any
time.
B. The owner of any female dog in heat shall keep such dog
confined at all times within an enclosure from which it cannot
escape.
II.5.4
Keeping of Vicious Dogs
It shall be unlawful for any owner to keep any vicious dog
within the Town of Slaughter Beach. Any dog found to be vicious
shall be removed from the Town of Slaughter Beach within seven (7)
days of the issuance of an order to relocate the dog. Any owner who
keeps such a dog after being notified by the Town of the requirement
to relocate the dog. Furthermore, the Town may pursue all legal
means necessary to effectuate the removal of the dog.
II.5.5
Keeping of Noisy Dogs
A. It shall be unlawful for any owner to keep any noisy dog and
such action is hereby declared to be a public nuisance and
detrimental to the public health and welfare
15
B. Any person so disturbed may advise the owner who keeps such
dog. In the event that the nuisance is then not abated, any
person so disturbed may then give notice of the facts to the
Town Council and Town Council shall notify such owner of said
facts and of the provisions of this ordinance.
II.5.6
Appeals and State Regulations; Penalties
A. Appeals. Any owner who has been issued a violation under
this ordinance or ordered to remove a vicious dog from the
Town shall, as part of the violation order, be given notice
of the right to appeal the violation within 5 business days
of the notice. Appeals shall be submitted in writing to the
Town and shall be heard by the Town Council as soon as
practical to determine whether a preponderance of the
evidence exists of the alleged violations of the ordinance.
Failure of the dog owner to file a timely appeal shall be
considered the owner's admission of an ordinance violation.
B. State Regulations. No person owning or having custody of
any dog shall violate any laws, rules, or regulations of
the State of Delaware applicable thereto. Such laws, rules,
and regulations are included herein by reference. Where the
provisions of rules and regulations of the State of Delaware
are less restrictive than the provisions of this ordinance,
the provisions of this ordinance shall govern.
C. Civil Penalties. Any owner who shall violate this Section
II.5 shall be responsible to pay civil penalties as follows:
First Offense:
$25.00
Second Offense:
$50.00
Third & Subsequent Offense: $100.00
Each day of a continuing violation shall constitute a separate
offense. The owner shall also be responsible for the costs of
prosecution.
II.6
Use of Specified Public Places and Facilities;
Prohibited Hours
II.6.1
Use of Public Places and Facilities
The municipal pavilion may be reserved by any person once each
calendar year for a period of time not to exceed six (6) consecutive
hours, which reservation may be made with the Town up to 12 months
in advance. Reservations shall be made on a first-come, first-
served basis. As part of the reservation, an applicant may request
to use the municipal pavilion for either up to one hour prior to
16
sunrise or until 10:00 pm. Except when reserved pursuant to this
section, the municipal pavilion and all other public places in
Slaughter Beach shall be used by the public on a first-come, first-
served basis.
II.6.2
Prohibited Hours
No Person shall be or remain upon any of the following public places
or facilities between the hours of 9:00 pm. and sunrise.
A. The municipal park, including the tennis and basketball
courts, parking area and play area.
B. The municipal pavilion.
C. Any street or alley lying east of Bay Avenue (State Route
36).
D. The beach, excepting within the boundaries of properties
fronting on the beach, the owners, residents, and/or guests
thereof.
II.6.3
Parking, Stopping, or Storage of Vehicles on Public
Streets and Parking Lots. (Adopted 3/8/2021, Ord. #21-04)
A. Definitions. For purposes of this section, the following
definitions shall be applicable unless the context clearly
indicates to the contrary.
1. Beach Access Roads - Includes the following streets:
White Gull Dr., Marina Dr., Blue Heron Dr. Horseshoe
Dr., Sandpiper Dr., Evans Dr., Yerkes Dr., Cohee Dr.,
Marvel Dr., Bridgeham Ave., Harrison Ave., N. Delaware
Ave., S. Delaware Ave., Cedar Ave., Sussex Ave.,
Maryland Ave., Virginia Ave., and Simpson Ave.
2. Boat Trailer - Includes a vehicle without automotive
power designed to transport a boat or other property
wholly on its structure and to be drawn by a motor
vehicle, including those vehicles being actively used
to store or transport a boat or other property.
3. Motor Vehicle - Includes any vehicle which is self-
propelled and capable of transporting a person or
persons or property, including but not limited to a
car, truck, semi-truck, passenger van, cargo van,
motorcycle, and sports utility vehicle.
4. Person - Includes any natural person, corporation,
partnership, society, club, firm, company, partner,
17
director, officer, lessee, employer, employee or any
of
them,
including
an
executor,
administrator,
trustee, receiver or other representative appointed
pursuant to law.
5. Recreational Vehicle - Includes any vehicle used for
human living quarters and often used for recreational
or vacation activities, including but not limited to
motor homes, mobile homes, camping trailers, pop-up
camping trailers, vans, self-propelled campers, pickup
coaches, and other vehicles with permanently attached
living quarters or camper components, regardless of
the equipment or furnishings contained within the
same.
6. Street - Includes all streets, avenues, boulevards,
roads, lanes, alleys, sidewalks, curbs or other areas
used for vehicular or pedestrian traffic, including
beach access roads.
7. Trailer - Includes a mobile home, travel trailer, house
trailer, office trailer, camping trailer, pop-up
camping trailer, trailer used as part of a business,
or any other vehicle without motive power designed to
carry property or passengers wholly on its own
structure and to be drawn by a motor vehicle.
B. Purpose. In order to promote safe, unimpeded traffic
circulation in town, improve visibility and promote safe
ingress and egress to and from public streets and private
property, reduce congestion in public streets, provide for
adequate parking in town, promote the safe travel of
emergency vehicles, reduce the potential for unlawful
activities to occur in secluded locations during the
overnight hours, and improve aesthetics in Town, the
following restrictions limiting parking, stopping or
storage of certain types of motor vehicles and trailers
shall be applicable.
C. Limitations on parking, stopping, or storage of certain
vehicles.
a. Between the hours of 9:00 pm and sunrise, it shall be
unlawful for any person to park, stand, or store or
permit the parking, standing, or storing of any boat
trailer, recreational vehicle or trailer on any street
or public parking lots in the Town of Slaughter Beach,
except when the same is actually being loaded or
unloaded.
18
b. Between the hours of 9:00 pm and sunrise, it shall be
unlawful for any person to park, stand, or store or
permit the parking, standing, or storing of any motor
vehicle on beach access roads or public parking lots
in the Town of Slaughter Beach, except when the same
is actually being loaded or unloaded.
D. Exceptions. The provisions of this Section II.6.3 shall not
be applicable to trailers of contractors working at a
property in Slaughter Beach, provided that any such trailer
may only be parked on the street during those hours that
the contractor is actively working at a property.
Additionally, the provisions of this Section II.6.3 shall
not apply to emergency vehicles or motor vehicles of
governmental agencies while on official business.
E. Removal of vehicles. The Town or an agent of the Town may
remove or cause to be removed, at the expense of the owner
or operator, any motor vehicle, boat trailer, recreational
vehicle, or trailer parked, stored, or left standing in
violation of the provisions of this Section II.6.3 when the
owner or operator of the same fails to remove the same in
compliance with the terms of this Section II.6.3. In
addition to paying the fine imposed by the provisions of §
II.6.4, if any motor vehicle, boat trailer, recreational
vehicle, or trailer is removed by the Town pursuant to the
provisions of this section, the owner or operator thereof
shall pay the cost of removal, a reasonable charge for
storage, and any court costs. In addition, said owner or
operator shall sign a receipt for such vehicle prior to its
being released by the storage facility.
F. Notice of Removal; Right to a Hearing. In order to require
the removal of a motor vehicle, boat trailer, recreational
vehicle, or trailer, the Town shall follow the enforcement
procedures for vehicles abandoned on public property as
outlined in Sections II.12.6 through II.12.11(1) of the
Town Code, which are incorporated herein by specific
reference thereto. Additionally, when the motor vehicle,
boat trailer, recreational vehicle, or trailer is parked
adjacent to private property, a copy of the order shall be
left at the adjacent property with a duplicate copy sent to
the owner and occupant by certified mail, return receipt
requested. Anything in the Town Code to the contrary
notwithstanding, the removal notice may indicate that if
the same motor vehicle, boat trailer, recreational vehicle,
or trailer is found to be in violation of this Section
II.6.3 within twelve (12) months of the issuance of the
19
first removal notice, the same may be removed as indicated
herein and a penalty issued without any additional notice.
II.6.4
Penalty
Any person violating this Section II.6 shall be fined not less than
$50.00 for the first offense and not less than $100.00 for any
subsequent offense, including the costs of prosecution; provided,
however, that, with the consent, in writing, of the person charged
with violating this Section II.6, the Town is authorized to accept
and receive, without a hearing, $50 if such violation is paid within
thirty days from the date of the violation or $75 as a penalty for
such violation if such violation is paid more than 30 days from the
date of the violation. Each day a violation of this ordinance exists
shall constitute a new and separate offense. (Amended 3/8/2021,
Ord. #21-04)
II.7
Repair or Demolition of Dangerous Buildings
II.7.1
Definitions
Dangerous Building: All buildings or structures which have any or
all of the following defects shall be deemed a dangerous building:
A. Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of
the middle third of its base.
B. Those which, exclusive of the foundation, show thirty-three
(33) percent or more of damage or deterioration of the
supporting member or members or fifty (50) percent of damage
or deterioration of the non-supporting enclosing or outside
walls or covering.
C. Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have
insufficient strength to be unreasonably safe, for the purpose
used.
D. Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, or the general
health and welfare of the occupants, or to the people of the
Town of Slaughter Beach.
E. Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for
human habitation; or are likely to cause sickness or disease,
so as to work injury to the health, morale, safety or general
welfare of those living therein.
20
F. Those having light, air, and sanitation facilities which are
inadequate to protect the health, safety, or general welfare
of human beings who live or may live therein.
G. Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways or fire
escapes as defined by applicable codes and regulations.
H. Those which have parts thereof which are so attached that they
may fall and injure the occupants or members of the general
public or the property of others, public or private.
I. Those which because of their condition are unsafe, unsanitary,
or dangerous to the health, safety or general welfare of the
people. of the Town.
J. Those
under
construction,
if
the
authorized
work
is
substantially suspended or abandoned for a period of three
months or more and the abandoned site creates risk or danger
to the health, safety, and welfare of the occupants,
neighboring properties, or the residents of the town.
II.7.2
Standards for Repair, Vacation or Demolition
The following standards shall be followed in substance by the Town
Council in ordering repair, vacation, and/or demolition:
A. Vacate: If the dangerous building is in such condition or if
the authorized work is such as to make it dangerous to the
health, safety, or general welfare of its occupants, it shall
be ordered to be vacated.
B. Repair: If the dangerous building can reasonably be repaired
so that it will no longer qualify as a dangerous building
under the terms of this ordinance, it shall be ordered
repaired. Factors that may be taken into consideration in
determining whether it is "reasonable" to make repairs may
include, but shall not be limited to: the extent and estimated
cost of the repairs necessary in comparison to the fair market
value of the building if such repairs were to be made; the
practicality of making such repairs due to construction,
engineering, safety, or similar constraints; the uniqueness
of the building from an architectural or historic vantage
point; and the financial ability of the owner or other party
with a legal interest in the property to initiate such repairs
and complete them in a workmanlike and timely manner.
C. Demolish:
a. Whenever the reasonable cost to repair, restore, or
reconstruct a dangerous building is estimated to exceed
21
60% of its estimated fair market value (excluding land
value) were such repairs, restoration, or reconstruction
performed, it shall be demolished.
b. Whenever a dangerous building cannot be repaired so that
it will no longer qualify as a dangerous building under
the terms of this ordinance, it shall be demolished.
c. Whenever a dangerous building is a fire hazard existing
or erected in violation of the terms of this ordinance,
or any other ordinance of the Town of Slaughter Beach,
or any state statute or Fire Marshall's regulation, it
shall be demolished unless the condition(s) making such
building a fire hazard can reasonably be corrected at an
estimated cost not exceeding 60% of the estimated fair
market value of the building (exceeding land value) if
such corrections were made.
II.7.3
Dangerous Buildings Nuisances
All dangerous buildings as defined in Section II.7.1 of this
ordinance are hereby declared to be public nuisances, and shall be
repaired, vacated, and/or demolished, as hereinbefore and hereafter
provided.
II.7.4
Inspection and Notice of Violation
The Town Council or its duly-appointed designee is hereby
authorized to:
A. Inspection
a. Inspect any building, wall, or structure about which
complaints are filed by any person, to the effect that
such building, wall or structure is or may be existing
in violation of this ordinance.
b. Inspect any building, wall or structure as shall from
time to time come to the attention of the Town Council
as a potentially dangerous building within the terms of
Section II.7.1.
B. Notice of Violation.
a. The Town Council, or a duly appointed designee, shall
send notice by certified mail to the last known address
of the owner, occupant, and all other persons having a
legal interest in said building as shown by the land
records of the Recorder of Deeds of Sussex County, of any
building determined to be a dangerous building as defined
in Section II.7.1 of this ordinance, that shall include:
22
i.
A description of the building or structure deemed
unsafe, which shall be sufficient if it sets forth
the tax map parcel number and street or mailing
address;
ii.
A statement of the particulars which make the
building or structure a dangerous building;
iii.
An order requiring that the building be repaired,
demolished, and/or vacated in accordance with the
terms of the notice and this ordinance within a
reasonable length of time, not exceeding 60 days;
iv.
Notice that any person having a legal interest in
said building as shown by the land records of the
Recorder of Deeds of Sussex County may, at
his/her/their own risk, repair or demolish said
building; and
v.
Notice that any owner, occupant, or person having a
legal interest in the building may, in writing,
delivered to the Town Council within 15 days of the
date of the Town Council's Notice of Violation,
request a hearing before the Town Council on the
issue of whether or not the building is a dangerous
building as herein defined.
b. In addition to the notice sent by certified mail, the
Town Council, or its duly appointed designee, shall place
a notice on such dangerous building reading substantially
as follows:
"This building has been determined to be a
Dangerous Building by the Town Council of the
Town of Slaughter Beach. This notice shall remain
on this building until it is repaired or
demolished in accordance with the notice which
has been given the owner, occupant(s), and all
other persons having a legal interest in said
building as shown by the records of the Recorder
of Deeds of Sussex County. It is unlawful to
remove this notice until such notice is complied
with. Any owner, occupant, or person having a
legal interest in the building may, in writing,
delivered to the Town Council within 30 days of
the date of the Town Council's Notice of
Violation, request a hearing before the Town
Council on the issue of whether or not the
building is a dangerous building."
23
c. Failure to Repair: Where any building has not been
repaired within the timeframe prescribed in the notice
and order to repair and no timely appeal has been filed,
the Town may presume it is unreasonable to repair the
building and the building meets the standards to be
ordered demolished pursuant to Section II.7.2. Prior to
having the dangerous building demolished, the Town shall
issue a demolition notice and order as outlined in this
ordinance.
II.7.5
Hearing Before the Town Council
A. Upon receipt of a written request for a hearing, the Town
Council shall give written notice by certified mail to the
owner, occupant(s), and all other persons having a legal
interest in said building as shown by the records of the
Recorder of Deeds of Sussex County to appear before it on the
date specified in the notice to show cause why the building
or structure should not be repaired, vacated, and/or
demolished.
B. At such hearing, the Town Council shall hear such testimony
from the building inspector, code enforcement official, owner,
occupant, and/or other person having an interest in said
building as shown by the land records of the Recorder of Deeds
of Sussex County, testimony which may be offered relative to
the dangerous building. Evidence may include a personal
inspection and view of the building.
C. At the conclusion of such hearing, the Town Council shall
decide whether or not such building is a dangerous building
as defined herein, and if so, the Town Council shall issue an
order commanding the owner(s), occupant(s), and all other
persons having a legal interest in said building as shown by
the land records of the Recorder of Deeds of Sussex County,
to
vacate,
repair,
and/or
demolish
such
building
as
appropriate under the standards of this ordinance, and
specifying a time within which said building shall be vacated,
repaired, and/or demolished.
II.7.6
Corrective Action by Town
If the order issued pursuant to §II.7.5 is not complied with within
the time specified in the order, the Town Council shall cause such
building or structure to be vacated, repaired, and/or demolished
as provided in such order and shall cause the costs of such
vacation, repair, and/or demolition to be added as a lien against
the property and added to the town's property tax bill for the
property pursuant to 25 Del. C. Chapter 29. The Town may also
24
recover such amounts owed in a suit at law against the owner or
through any other legal proceeding.
II.7.7
Emergency Cases
In cases where it reasonably appears that there is immediate danger
to the life or safety of any person unless a dangerous building,
as defined herein, is immediately vacated, repaired, and/or
demolished, the Town Council may cause the immediate vacation,
repair, and/or demolition of such dangerous building. The costs
of such emergency vacation, repairs and/or demolition of the
dangerous building shall be collected in the same manner as provided
in §II.7.6.
II.7.7
Penalties
A. Owner(s). The owner(s) of any dangerous building who shall
fail to comply with any notice or, in the event a hearing
before the Town Council is requested, an order to vacate,
repair, or demolish said building shall, in addition to any
other sanction or lien imposed hereby, forfeit and pay a civil
penalty of not less than $100.00 and not more than $500.00 for
each offense; each day of a continuing violation shall
constitute a separate offense, punishable as herein provided.
B. Occupants, lessees in possession. Any occupant(s) or lessee(s)
in possession who fail to comply with any notice to vacate or
who fail to repair said building in accordance with any order
given by the Town Council as provided in this section shall
forfeit and pay a civil penalty of no more than $100.00 for
each offense; each day of a continuing violation shall
constitute a separate offense.
C. Removal of posted notice. Any person removing the notice
provided for in this section shall forfeit and pay a civil
penalty of $50.00 for the first offense and $100.00 for each
subsequent offense, including the costs of prosecution.
II.8
Controlling the Height of Grass, Weeds, and
Other Vegetation
The regulations set forth in Sussex County Code Chapter 80 ("Lot
Maintenance") are expressly adopted by the Town of Slaughter Beach
and incorporated herein by specific reference thereto, provided
that it shall not be a violation of this section to allow grass,
weeds, and phragmites growing in areas designated as wetlands by
the Delaware Department of Natural Resources and Environmental
Control to exceed the maximum height outlined in the Sussex County
Code. Additionally, any inconsistencies between Chapter 80 of the
Sussex County Code and the specific provisions of the Slaughter
Beach Town Code shall be resolved in favor of the Slaughter Beach
Town Code.
25
II.9
Construction Hours
II.9.1
Prohibited Hours
No construction or site preparation work shall be carried on between
the hours of 7:00 p.m. prevailing time and 7:00 a.m. prevailing
time on any day of the year.
II.9.2
Definitions
For the purposes of this ordinance, the following terms shall have
the meanings described to them:
Construction: To build, erect, assemble, or place a building or
structure.
Site Preparation: To clear, grub, excavate, grade, or fill a vacant
lot.
II.9.3
Penalties
Any person violating this ordinance shall be fined not less than
$50.00 for the first offense and not less than $100.00 for any
subsequent offense, including the costs of prosecution.
Violations can also result in the issuance of a stop work order.
II.10
Special Events (Adopted 3/8/21, Ord. #21-01)
II.10.1
Purpose and Intent.
The purpose and intent of this section is to:
(a)
Promote and support the public's right of assembly and free
speech.
(b)
Promote the general health, safety and welfare of the
community.
(c)
Establish guidelines that do not exclude communication of a
particular content but allow for special events to use the
limited public space available.
(d)
Promote the economic well-being of the community through the
orderly attraction of people to special events and
encouraging local residents to hold special events in
Slaughter Beach.
(e)
Ensure that Town resources are adequate to provide proper
services for a special event by having ample time to prepare.
(f)
Establish financial accountability for damage to public
property caused by a special event by ensuring that any
incremental or extraordinary costs to the Town are borne by
the promoter or organizer of the special event.
II.10.2
Definitions.
As used in this article, the following terms shall have the
26
meanings indicated:
APPLICANT -- The person or persons, organization, partnership or
corporation required to apply for a permit under this section.
SPECIAL EVENT - Any assembly, meeting, demonstration, picket line,
parade, rally or gathering of more than fifty (50) persons for a
common purpose as a result of prior planning that affects or may
reasonably be expected to affect the normal flow or regulation of
vehicular or pedestrian traffic upon the sidewalks, boardwalks,
plazas, parks, nature trails, public open spaces, playgrounds,
recreational areas, and/or beaches; or that occupies any public
facility or public area open to the general public in such a manner
as having a tendency to interfere with the normal use of that public
facility or public area.
II.10.3
Prior Notice and Permit Required; Application
Requirements.
(a) All special events are prohibited without a permit issued by
the Town. At least twenty-one (21) days, but no more than
twelve (12) months, before the date of the special event, an
application containing the following shall be submitted to
the Town Clerk:
(1) The character, time, duration and place of the special
event. If the special event is to be a parade, procession
or similar moving assembly, the proposed route thereof.
(2) The name, mailing address, email address, and phone number
for the applicant and all persons responsible for the
special event, including any organization hosting the
event.
(3) A brief description of the event and all associated
activities, including the estimated number of persons and
vehicles expected to participate.
(4) The names of the participating organization.
(5) A nonrefundable special event permit application fee of
$50.00 for residents and $100.00 for non-residents, which
application fee shall be waived by the Town Clerk for any
documented 501(c)(3) not-for-profit corporations.
(b) The Town Clerk shall, within five working days of the
application's submission:
(1) Approve the application and issue a permit upon receipt
of
the
security
deposit,
signed
indemnification
27
agreement, and insurance certificate.
(2) Deny the application based on one of the reasons set
forth in Section II.10.4.
(3) Approve the application and, upon receipt of the security
deposit, signed indemnification agreement, and insurance
certificate, issue a permit with specified limitations
with respect to day, time, duration, location or other
reasonable limitations, including payment for the Town's
incremental costs necessary to provide those public
services necessitated by the special event; provided that
such incremental costs shall not include the cost of
providing police protection to participants or the public
necessitated by the potential for hostile response to the
special event.
(c) Each special event permit shall include the following:
(1) The starting and ending times for the event, including
time allowed to assemble or disperse the participants and
clean up after the event, which time shall be stated
separately;
(2) The portions of the streets, sidewalks, or public places
that may be occupied by the parade or public assembly;
(3) If a parade, the minimum and maximum speed of the parade
vehicles or participants, the maximum interval of space
to be maintained between parade units, and the maximum
length of the parade.
(d) An applicant shall not be granted more than one special
event permit in a 12-month period.
(e) Upon request of the applicant, the Town Clerk may agree to
waive the permit application deadline to review an
application which was filed less than twenty-one (21) days
before the date of the proposed special event where the
applicant demonstrates that failure to waive the permit
application deadline would substantially burden protected
rights, including speech and assembly, as to matters of
public concern, and that an expedited review process would
allow reasonable review to address substantial matters of
public safety and welfare.
(f) The Town Clerk shall uniformly consider each application
upon its merits and shall not discriminate in granting or
denying
special
event
permits
based
on
political,
28
religious, ethnic, race, disability, sexual orientation or
gender-related grounds or other criteria that would
constitute a violation of state or federal law.
(g) The Town seeks to impose reasonable time, place, and manner
controls in an appropriate and limited manner upon events
for which permits are required. This Section II.10 shall be
construed and administered in a manner that seeks to allow
for expression, assembly, and the exercise of religious
rights in accordance with applicable constitutional and
statutory limits and controls.
(h) Any special event permit issued involving use of the
municipal pavilion shall be governed by the terms of this
Section II.10 and shall not be subject to the same
limitations set forth in Section II.6.1 of the Town Code,
provided that no special event permit involving use of the
municipal pavilion shall be issued for the same date and
time that the pavilion was previously reserved under Section
II.6.1.
(i) A special events permit does not grant the applicant
exclusive use of public restrooms, the public beach, or
public parking lot.
(j) The Town Clerk may require as part of a special event permit
that the applicant, at the applicant's expense, arrange for
portable restroom facilities to be provided at a special
event when the Town Clerk determines that the public
restrooms will be insufficient for the anticipated demand
based on the time of day and length of the special event,
the day of the week and the time of year of the special
event, the number of anticipated special event participants,
and the typical public usage of the public beach in the
vicinity of the public restrooms for the day of the week and
month proposed.
(k) Any special event reasonably anticipated to consist of more
than 175 participants is prohibited.
II.10.4
Denial or modification of permit application.
The Town Clerk may deny or modify a special event permit for any
of the following reasons:
(a)
The permit application was not fully completed and executed,
or the applicant did not tender the application fee.
(b)
The permit application is found to contain material
falsehoods or misrepresentations.
29
(c)
The applicant or the person on whose behalf the permit
application was submitted has on prior occasions damaged
Town property and not paid in full for such damage.
(d)
A fully executed special event permit application for the
same time and place has been previously received by the
Town, and a permit has been or will be granted to the prior
applicant authorizing uses or activities which do not
reasonably permit multiple special events at the area in
question.
(e)
The special event would conflict with a previously planned
program organized and conducted by the Town and previously
scheduled for the same time and place.
(f)
The special event would present an unreasonable danger to
the health or safety of the applicant, other users of the
public property, or of the public.
(g)
The applicant has already been granted one special event
permit within the past 12 months.
(h)
The special event as proposed will violate one or more of
the terms of the Town Code.
II.10.5
Appeals; hearing.
(a)
Any person aggrieved by the action of the Town Clerk in
denying, modifying, suspending, or revoking a permit or
otherwise enforcing the terms of this Section II.10 may
appeal to the Town Council by promptly filing with the Town
Council a written statement setting forth fully the grounds
for such appeal. Upon receipt of the written appeal, the
Town Council shall set a time and place for hearing such
appeal and shall immediately notify the applicant of such
hearing by telephone, email, and United States mail,
postage prepaid, at the applicant's phone number, email
address and mailing address listed on the application.
(b)
At such hearing, which shall be held within 5 business days
of receiving the written appeal, the applicant and the Town
Clerk shall be entitled to present such evidence and
arguments as they deem appropriate in support of their
respective positions; to cross-examine witnesses; to be
represented by legal counsel; and to request that witnesses
be sworn. The hearing shall be recorded, and the Town
Council shall articulate the reasons for its decision in a
written decision to be issued as soon as practical
thereafter. Strict rules of evidence shall not apply to
30
the conduct of such hearing, but the Town Council may hear
and consider any evidence deemed by the Town Council to be
relevant to the appeal.
(c)
Any person aggrieved by a decision of the Town Council may
seek review of that decision by a court of competent
jurisdiction in accordance with applicable statutes or
court rules; provided that any person granted standing to
file an appeal shall first exhaust such administrative
remedies prior to seeking judicial relief.
II.10.6
Indemnification and Insurance requirement.
(a)
Insurance.
Whenever
the
number
of
participants
is
reasonably anticipated to exceed 100 persons, the Town Clerk
shall not issue a special event permit until the applicant
shall have provided to the Town proof of liability and
property damage insurance (commonly known as "public
gathering insurance") in the minimum amount of $300,000 for
standard special events or $1,000,000 for special events
that will include inflatable games or the commercial
preparation and/or distribution of food, which policies
shall list the Town of Slaughter Beach and its officers,
agents, and employees as additional insureds, and which
shall require 30 days' written notice to the Town of
Slaughter Beach prior to cancellation.
(b)
Indemnification. No special events permit shall be issued
until the applicant has executed and delivered to the Town
the Town's special events indemnification agreement (to be
supplied by the Town) to indemnify and hold harmless the
Town, its elected and appointed officials, employees, and
agents, from and against any and all claims for monetary
damages
and
costs
of
defense
(including
reasonable
attorneys' fees), for damage to property or personal injury
(including wrongful death) proximately caused by the
applicant, its members, agents, and/or other persons
participating in the event with the consent of the applicant
under the authority of the permit issued to the applicant
pursuant to this Section II.10; provided, however, that
nothing herein shall be construed to require the applicant
to provide such indemnification as to any claims arising
out of or connected with the conduct or actions of other
persons not acting in concert with the applicant, including
spectators, protestors, or counter-demonstrators.
II.10.7
Cleanup; permit expiration; deposit to ensure cleanup.
(a)
Cleanup. The applicant shall be responsible for the removal
of all debris, litter and equipment generated or caused by
the special event participants within 24 hours of the
31
event's conclusion. If said debris, litter and equipment
are not removed, as required herein, the Town shall have
the authority to remove it at the expense of the applicant.
(b)
Permit expiration. The permit shall set forth the time
period for which the permit is issued, which shall include
a reasonable period of time to allow the applicant to clean
up from the special event. The permit shall expire at the
end of the time period specified in the permit.
(c)
Deposit. In addition to the permit fee, a refundable deposit
of $500.00 in the form of cash, money order, or certified
check made payable to the Town of Slaughter Beach shall be
required prior to the issuance of a permit. Such deposit
shall be returned to the applicant without interest no later
than five working days after the conclusion of the special
event, provided that the applicant has satisfied its cleanup
obligations under subsection (a) and (b) above and the
special event participants have not caused any damage to
the
Town
pavilion
or
other
Town
facilities
or
infrastructure. In the event that the applicant fails to
satisfy such cleanup obligations or the Town has experienced
damage as outlined herein, the Town may use all (or as much
as is reasonably necessary) of the deposit to effect
satisfactory cleanup and/or repairs. Any expenses incurred
by the Town in excess of the deposit shall be the
Applicant's responsibility to pay and a debt to the Town,
and the Town may proceed to collect the same in any lawful
manner. Payment shall be due within 15 days of the date of
the Town's invoice to the applicant, and the applicant may
appeal such charge pursuant to Section II.10.5.
II.10.8 Police Services.
(a) When
reviewing
an
application,
the
Town
Clerk,
in
consultation with the Delaware State Police, shall determine
whether and to what extent police services are reasonably
necessary for the event for traffic control (vehicular and
pedestrian) and for public safety and welfare, including
public convenience. The Town Clerk shall base this decision
on relevant criteria including, but not limited to, the size,
location, duration, time and date of the event; the
anticipated
number
of
participants
and
corresponding
vehicles; the number of streets and intersections to be
blocked; and the need to detour or preempt public travel and
use of streets and sidewalks.
(b) The communicative or associative content of the event shall
not be a factor in determining the amount of police services
necessary, unless the applicant's speech is determined to
32
not constitute any form of expression that is protected under
the laws or constitution of the State of Delaware or the
United States, and has reasonable potential to cause, or will
have the result of causing, public alarm, disruption, or
violence.
(c) If police services for the event are deemed necessary based
upon the standards set forth herein, the Town Clerk shall
inform the applicant, and the applicant shall bear financial
responsibility for the cost of securing the police services.
The Town Clerk may, but is not required to, approve use of
private security details in lieu of any or all police
services that might otherwise be required under this section.
Anything herein to the contrary notwithstanding, no costs
shall be attributed to the applicant that were beyond the
control or responsibility of the applicant (including costs
attributable to the conduct of spectators, protestors, or
counter-demonstrators).
II.10.9 Prohibitions on commercial activities; exception.
No permit shall be issued authorizing any special event where a
significant or substantial purpose of the event is the sale or
advertising of any product, goods, wares, real estate or
merchandise for private gain or profit.
II.10.10 Interference.
No person(s) shall knowingly disrupt or interfere with any duly
permitted special event.
II.10.11 Exceptions and Waivers.
(a) Indigency Exemption. Where the special event for which a
permit is sought is to be conducted for the sole purpose of
public issue speech protected under the First Amendment or
the constitution of the State of Delaware, and the applicant
provides reasonable proof that the applicant is indigent and
unable to pay any portion of the permit fee, security
deposit, or police coverage expenses, or is unable to
indemnify the Town or provide proof of insurance, the Town
Clerk shall waive payment or provision of all or such portion
thereof as the applicant cannot pay or provide. In
considering the applicant's indigency claim, factors to be
considered by the Town Clerk may include: the total amount
required from the applicant; an affidavit from the applicant
as to the applicant's lack of financial resources (i.e. no
source of income including dues, membership fees, grants or
contributions, no bank account or cash on hand, no property
ownership), the size of the organization or group represented
by the applicant, whether such organization or group is a
sub-chapter, member, or affiliate of any state-wide or
33
national organization or group which could provide financial
assistance, and the number of persons anticipated to
participate in the event.
(b) Government Speech and Government-favored Speech Exemption.
Where the speech or message to be conveyed by the event is
speech which is controlled or endorsed by the Town as its
own message, or where the Town elects to subsidize speech it
favors as benefiting the nature of the community, the Town
Clerk may waive the application fee and security deposit and
up to $2,000 in other costs; provided, however, that in doing
so, the Town shall not engage in content-based or viewpoint-
based discrimination.
(c) Town-Sponsored Events. The terms of this Section II.10
(Special Events) shall not apply to special events or other
activities sponsored in whole or in part by the Town of
Slaughter Beach.
II.10.12 Suspension or revocation of permit.
A permit issued hereunder may be revoked or suspended by the Town
Clerk, without prior notice, for any of the following causes:
(a) Fraud, misrepresentation or a material and significant
incorrect statement contained in the application for the
permit or made in the course of promoting the special event.
(b) Failure to comply with any provision of this Section II.10.
(c) Conducting the special event in an unlawful manner or in such
a manner as to constitute a breach of the peace or to
constitute a menace to the health, safety or general welfare
of the public.
II.10.13 Violations and Penalties.
Any person or applicant violating any provision of this Section
II.10 shall, in addition to other enforcement remedies and/or
sanctions available to the Town, pay, upon conviction, a fine of
not less than $100 nor more than $500. Provided, however, that
with the consent, in writing, of the person charged with violating
this Section II.10, the Town is authorized to accept and receive,
without a hearing, $75 if such violation is paid within thirty
days from the date of the violation or $100 as a penalty for such
violation if such violation is paid more than 30 days of the
violation. Each day a violation of this Section II.10 exists shall
constitute a new and separate offense.
II.11
[RESERVED]
34
II.12
Abandoned, Wrecked, Junked, or Dismantled
Vehicles
II.12.1
Short Title.
This division shall be known and may be cited as the "Abandoned,
Wrecked, Dismantled or Inoperable Vehicle Ordinance."
II.12.2
Definitions.
For the purposes of this division, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
Abandoned vehicle is any vehicle which is left unattended on
public property for a period in excess of five days that is
unregistered or is left under such circumstances as to cause such
vehicle reasonably to appear to have been abandoned.
Person
is
any
person,
firm,
partnership,
association,
corporation, company or organization of any kind.
Private property is any real property within the town which is
privately-owned and which is not defined as public property herein.
Public property is any real property in the town which is owned
by a governmental body and includes buildings, parking lots, parks,
streets, sidewalks, rights-of-way, easements and other similar
property.
Town is the Town of Slaughter Beach
Vehicle shall mean a machine propelled by power other than human
power designated to travel along the ground by use of wheels,
treads, runners or slides and transport persons or property or pull
machinery and shall include, without limitation, automobile, truck,
trailer, motor cycle, tractor, buggy and wagon.
Wrecked, junked, dismantled, or inoperable vehicle is any
vehicle the condition of which is wrecked, junked, dismantled,
partially dismantled, is in such a state of disrepair to be
incapable of being operated in the manner for which it was designed,
or from which the wheels, engine, transmission, or any substantial
part thereof have been removed, regardless of whether said vehicle
bears a current registration.
II.12.3
Wrecked, dismantled, or inoperable Vehicles on public
property prohibited; declared a nuisance.
No person shall abandon or leave any wrecked, dismantled or
inoperable vehicle, whether attended or not, upon any public
property within the town for a period of time in excess of five
days. The presence of such vehicles, or parts thereof, on public
property is hereby declared to be a public nuisance which may be
abated in accordance with the provisions of this division. The
temporary or intermittent movement or removal of such vehicle shall
35
not be deemed to interrupt the running of the five-day period. This
section does not apply to vehicles parked or stored on public
property by the town.
II.12.4
Abandonment of vehicles on public property prohibited;
declared a nuisance.
(a)On those public property locations where parking, storing, or
standing of vehicles between 11:00 pm and one hour prior to
sunrise is not prohibited under Section II.6.3, no person shall
abandon or leave unattended any vehicle (not otherwise
prohibited as a wrecked, dismantled or inoperable vehicle, even
if bearing a current registration), upon any public property
within the town for a period of time in excess of five days
under such circumstances as to cause such vehicle reasonably to
appear to have been abandoned. The presence of such vehicles
under such circumstances is hereby declared to be a public
nuisance which may be abated in accordance with the provisions
of this ordinance. This section does not apply to vehicles parked
or stored on public property owned by the town. (Amended
3/8/2021, Ord. #21-04)
(b)Any person may notify the town, in writing, of the fact that
they will be absent from the town or otherwise unable to move
their vehicle for an extended period of time (as specified
therein) and, in such event, that person's vehicle shall not be
deemed to be in violation of this section of this division until
the expiration of two weeks from the time specified by the
written notice to the town. Provided, however, that nothing in
this paragraph shall excuse such persons from compliance with
other town ordinances regulating the parking and/or storage of
vehicles on public property in the town.
II.12.5
Wrecked, dismantled or inoperable vehicles on private
property prohibited; declared a nuisance; exceptions.
(a)No person shall park, store, leave or permit the parking, storing
or leaving of any wrecked, dismantled or inoperable vehicle of
any kind, whether attended or not, upon any private property
within the town in excess of five days. The temporary or
intermittent movement or removal of such vehicle shall not be
deemed to interrupt the running of the five-day period. The
presence of such vehicles, or parts thereof, on private property
is hereby declared a public nuisance which may be abated in
accordance with the provisions of this division.
(b)This section shall not apply to:
(1)Any vehicle enclosed within a building or fence on private
property in such a manner that it is not visible from without
such enclosure. Covering the vehicle with a tarp or similar
device shall not satisfy the requirements of this section.
36
(2)Any vehicle held in connection with a business enterprise
lawfully licensed by the appropriate governmental agency for
the servicing and repair of such vehicles and property
operated in an appropriate business zone of the town.
II.12.6
Order for removal.
(a)On public property. Whenever it comes to the attention of the
town that any nuisance as defined in section II.12.4 of this
division appears to exist on public property, it shall cause a
written order to be affixed to the vehicle, declaring the
existence of the nuisance and ordering whoever has an interest
in the vehicle to comply with this division by removing said
vehicle within 5 business days of the notice.
(b)On private property. Whenever it comes to the attention of the
town that any nuisance as defined in section II.12.5 appears to
exist on private property, it shall, in addition to affixing an
order to the vehicle itself as provided in subsection (a) above,
deliver a copy of such notice to the owner and occupant, a copy
of the order shall be left at the property with a duplicate copy
sent to the owner and occupant by certified mail, return receipt
requested.
(c)Form of order. Any orders required under subsection (a) or (b)
above shall contain the following information:
(1)A description of such vehicle, including the make, year,
model, color and registration number if known;
(2)The location of such vehicle;
(3)The date and time that the order was affixed to the vehicle;
(4)An order for removal within 5 business days from the time the
order was affixed to the vehicle;
(5)That upon failure to comply with the order for removal, the
town shall impose a civil penalty and remove or cause to be
removed such vehicle at the expense of the owner of the
vehicle and/or the owner or occupant of the property; and
(6)That the owner of the vehicle or the owner or occupant of the
property on which the vehicle is situated may appeal the
removal order by filing a written appeal with the Town Council
within 5 business days of the time the order was affixed to
the vehicle.
II.12.7
Removal of vehicles.
If the violation is not remedied within the time set forth in
the order as outlined herein, the town is hereby authorized to
remove or have removed such vehicle from the premises. Such vehicles
shall be removed only by wreckers or towing services duly licensed
by the state. It shall be unlawful for any person to interfere
with, hinder or refuse to allow the town and/or any person acting
in concert with or at the direction of the town to enter upon
37
private property for the purpose of removing a vehicle under the
provisions of this division.
II.12.8
Notice of removal.
Within five days of the removal of such vehicle, the town shall
give written notice (by certified mail, return receipt requested)
to the registered owner of the vehicle, if known, and also to the
owner or occupant of the private property from which the vehicle
was removed, that said vehicle has been impounded and stored for
violation of this ordinance. The notice shall give the location of
where the vehicle is stored.
II.12.9
Disposition of motor vehicles.
Any person who tows, removes, stores, or keeps a vehicle at the
direction of the town acting under the provisions of this division
shall, from the time of taking possession thereof, be entitled to
all rights, remedies and authority as provided under the Delaware
"garageman's lien" statute, 25 Del. C. Chapter 39 as it may be
amended from time to time hereafter or any future corresponding
provision of law. In exercising such rights, remedies, and
authority, such persons shall be governed, in all respects, by the
terms of that statute.
II.12.10 Liability for towing and storage expenses.
In the event that the town should be or become liable for all
or any portion of the expenses incurred in the removal and storage
of such vehicle, the town may:
(1)Recover same from the owner of the vehicle and/or the owner
of the private property from which it was removed in an action
for debt; or
(2)As authorized by 25 Del. C. Chapter 29, add that amount to
the property tax bill of the person owning the private
property from which the vehicle was removed, or both;
provided, however, that wherever the private property from
which such vehicle has been removed is occupied by a person
other than the owner of that property, the occupant shall be
primarily responsible and the town shall not seek to recover
from the owner of the property (either in an action at law
or by tax collection proceedings) before it exhausts
reasonable efforts to recover from the occupant, but this
shall not prohibit the town from joining both the property
owner and occupant in one action for debt.
II.12.11 Appeal and Civil Penalties.
(1) Any appeal of a removal order shall be heard by the Town
Council as soon as reasonably possible. The filing of an
appeal shall stay any enforcement action by the Town. The
Town Council shall hear evidence at the hearing from all
interested parties to determine whether a preponderance of
38
the evidence exists of the alleged violations of the
ordinance.
(2) Any person found to be in violation of the terms of this
Section II.12 shall be fined a civil penalty in the amount
of $50, with each day the violation remains constituting a
new and separate offense. Any civil penalties imposed for
violations of this Section II.12 on private property may be
added to the property tax bill of the private property owner
pursuant to 25 Del. C. §2901 once the time for filing an
appeal has run or an appeal has been heard and a violation
of this Section II.12 has been found to exist.
39
TITLE III
ENVIRONMENT
CHAPTER 1
REMOVING SAND FROM THE BEACH
III.1.1
Definitions.
Beach: That area which extends from the low water mark of the
Delaware Bay landward to the "building line" established by the
Delaware Department of Natural Resources pursuant to 7 Del.
Chapter 68, or DNREC easement line, whichever is closest to the low
water mark, and seaward 1,000 feet from the low-water mark of the
Delaware Bay.
Private Beach: Any beach which is not a public beach as defined
herein.
Public Beach: Any beach which is owned in fee simple by the Federal,
State, County, or Town government, or for or over which a permanent
easement has been obtained by any of those governmental entities.
III.1.2 Removal of Sand
No person shall dig, mine, remove or carry away, or cause to be
dug, mined, removed or carried away, any sand from any public or
private beach within the municipal limits of the Town; provided
that nothing herein shall prohibit the casual and occasional
removal- of small quantities of sand, not exceeding two gallons in
volume, for personal use.
III.1.3 Removal of Sand
Any person violating this ordinance shall be fined $100.00 for
the first offense and no more than $300.00 for any subsequent
offense, including the costs of prosecution.
CHAPTER 2
REMOVAL OR DESTRUCTION OF BEACH VEGETATION
AND EVERGREEN TREES
III.2.1
Definitions
Beach: That area which extends from the low water mark of the
Delaware Bay· landward to the "building line" established by the
Delaware Department of Natural Resources pursuant to 7 Del.
Chapter 68, or DNREC easement line, whichever is closest to the
low water mark, and seaward 1,000 feet from the low-water mark of
the Delaware Bay.
Private Beach: Any beach which is not a public beach as defined
herein.
40
Public Beach: Any beach which is owned in fee simple by the
federal, state, county, or Town government, or for or over which_
a permanent easement has been obtained by any of those governmental
entities.
Beach Vegetation:
Any vegetation (other than "goldenrod",
cactus, or sand burs) adapted to sand or sandy soils, including
but not limited to: "Cape American beach grass (ammophila
breviligulata) saltmeadow cordgrass (spartina patens), seaoats
(uniola paniculata), bayberry, beach plumb, and Japanese sedge.
Evergreen Trees:
Any tree, shrub, bush or plant of the
evergreen or conifer genus, including pine trees and cedar trees.
III.2.2
Prohibitions
No person shall dig up, remove, carry away, nor intentionally
burn, mow, cut, chop down or otherwise kill or destroy any dune
grass, evergreen trees, or other beach vegetation growing on or
within any public or private beach within the municipal limits of
the Town.
III.2.3
Exceptions
A. Nothing in this ordinance shall prohibit the pruning,
trimming or cutting back of any evergreen tree or beach
vegetation as part of normal maintenance and care, provided
that such efforts do not jeopardize such tree's or beach
vegetation's continued viability; nor shall this ordinance
prohibit the removal of any dead or diseased evergreen tree
or beach vegetation.
B. Nothing in this ordinance shall apply to the accidental
destruction of beach vegetation incidental to pedestrian
access to and from the beach.
III.2.4
Penalty
Any person violating this ordinance shall be fined $100.00 for
the first offense and $200.00 for any subsequent offense,
including the costs of prosecution.
CHAPTER 3
PROHIBITING MOTOR VEHICLES ON THE BEACH
III.3.1
Definitions
Beach: That area which extends from the low water mark of the
Delaware Bay landward to the "building line" or "easement line",
whichever is closest to the low water mark, established by the
Delaware Department of Natural Resources pursuant to 7 Del. H
Chapter 68, and seaward 1,000 feet of the low-water mark of the
41
Delaware Bay.
Private Beach: Any beach which is not a public beach as defined
herein.
Public Beach: Any beach which is owned in fee simple by the
federal, state, county, or Town government, or for or over which a
permanent easement has been obtained by any of those governmental
entities.
Motor Vehicle: Any self-propelled vehicle including but not
limited to automobiles, trucks, tractors, dune buggies, jeeps,
dune bikes, motorcycles, motorbikes, and "all-terrain" vehicles
(ATVs).
III.3.2
Prohibition
No person shall operate any motor vehicle on any public or private
beach in the Town except on the eastern terminus of any clearly
designated public street or parking area in the Town.
III.3.3. Exceptions
This ordinance shall not prohibit the operation of any motor
vehicles operated by any governmental agency or the Slaughter Beach
Volunteer Fire Company in connection with emergency or public
health and safety measures or routine beach maintenance; nor by any
private entity operating under contract with the Town for the
removal of horseshoe crabs and/or trash from the beach.
III.3.4. Penalty
Any person violating this Chapter shall pay a civil penalty of
not less than $50.00 nor more than $100 for the first offense
and not less than $150.00 nor more than $500.00 for each
subsequent offense, plus costs of prosecution.
42
TITLE IV
ZONING, SUBDIVISION, FLOOD INSURANCE, HOUSING CODES
CHAPTER 1
Incorporated into the Town Code are the following, which have been
previously adopted by the Town Council:
Appendix A: Slaughter Beach Zoning Ordinance
Appendix B: Slaughter Beach Subdivision Ordinance
Appendix C: Slaughter Beach Flood Damage Reduction Ordinance
Appendix D: 2012 International Building Code, as amended by An
Ordinance Adopting the 2012 International Building
Code as the Building Code of the Town of Slaughter
Beach (Adopted 3/8/2021, Ord. #21-02)
Appendix E: 2012 International Residential Code, as amended by An
Ordinance Adopting the 2012 International Residential
Code as the Residential Code of the Town of Slaughter
(Adopted 3/8/2021, Ord. #21-03)
43
TITLE V
REVENUE AND TAXATION: FISCAL MATTERS
CHAPTER 1
ASSESSMENTS FOR MUNICIPAL TAXATION
V.1.1
Legislative Authority; Election to Use County
Assessments
In accordance with the provisions of Title 22, Del. C. §1101, the
Town of Slaughter Beach hereby elects to use the assessments and
supplementary assessments for property situated in the Town as
established annually or quarterly by the Sussex County Board of
Assessment,
subject
to
statutory
judicial
appeal,
as
the
assessments for the Town for Town taxation.
V.1.2
Continuation of Election to Use County Assessments
The aforesaid election by the Town to use the Sussex County
assessments shall continue in effect from year-to-year until
revoked by ordinance adopted by the Town.
V.1.3
Notice of Election
Notice of the aforesaid election shall be given to the Sussex County
board of Assessment and published at least once a week for two (2)
weeks prior to March 1 of each year until revoked by the Town, in
two (2) newspapers of general circulation in Sussex County;
provided that failure to provide such notice shall not invalidate
the adoption of such assessments.
V.1.4
Payment for Copies Authorized
The Town Treasurer is hereby authorized to pay to Sussex County the
cost of producing a copy of the county assessments for the
properties situated in the Town.
CHAPTER 2
REALTY TRANSFER TAX
V.2.1
Imposition
There is hereby imposed upon the transfer of all real property
located within the Town limits, as they now or hereafter exist,
a tax of one and one-half percent of the value of the property
conveyed in conformance with the definitions and exceptions
governing the State realty transfer tax as contained within 30
Del. C. § 5401 et seq., and all amendments theretofore or
thereafter adopted.
V.2.2
Allocation of Taxes: Duty to Pay
Any tax imposed by this Chapter shall be apportioned equally
between the grantor and the grantee; provided, however, that
the parties to any transaction which is subject to the realty
44
transfer tax imposed by this Chapter may, as between themselves,
agree to allocate the tax otherwise; but in all events, it shall
be the ultimate responsibility of the grantee to see that the
appropriate amount of tax is paid no later than the presentation
of the document involved in such a transaction for recording at
the appropriate Recorder of Deeds office. Upon receipt of the
appropriate amount, the Town Office or its duly authorized agent
shall, upon the document relating to such transaction, confirm
that the tax imposed by this Chapter has been paid. The Town
may appoint the County Recorder of Deeds or any attorney-at-law
as its duly authorized agent to collect a realty transfer tax
imposed by this Chapter and to confirm such payment on the face
of the document presented for recording.
V.2.3
Realty Transfer Tax on New Construction
A. Anything in Sections V.2.l or V.2.2 to the contrary
notwithstanding, there is hereby imposed on all documents
described in 30 Del. C. § 5401(9) (as it may from time to
time hereafter be amended or in accordance with any future
corresponding provision of law) a real estate transfer tax
at the rate of one percent on amounts in excess of
$10,000.00, which tax shall be borne by the owner of the
building whose construction is made subject to the tax
under 30 Del. C. § 5401(9).
B. Any person(s) desiring to obtain a building permit from the
Town shall submit a copy of the form(s) previously
submitted to the State Division of Revenue pursuant to 30
Del: C. § 5401(9)(b), and the corresponding receipt
received from the State Division of Revenue, evidencing the
cost of such construction. The Town shall not issue a
building permit for any building, construction of which was
subject to the State transfer tax imposed by 30 Del. C. §
5401(9), until the Town transfer tax imposed upon such
construction under subsection V.2.3.A above has been paid.
C. Any person(s) desiring to obtain a certificate of occupancy
from the Town shall submit a copy of the form(s) previously
submitted to the State Division of Revenue pursuant to 30
Del. C. § 5401(9)(c), and the corresponding receipt from
the State Division of Revenue evidencing the actual cost
of such construction. The Town shall not issue a
certificate of occupancy for any building subject to any
additional State transfer tax as a result of such re-
certification until the Town transfer tax imposed upon such
construction under subsection V.2.3.A above has been paid
to the Town.
45
V.2.4
Effect of Failure to Pay; Interest; Penalties
Where any real property within the Town is transferred without
payment of the appropriate real estate transfer tax in violation
of this Chapter:
A. The amount due shall bear interest at the rate of one and
one-half (1 1/2) percent per month commencing with the date
that such document is duly recorded in the Recorder of
Deeds Office of the appropriate county, and the transferee
in such transaction shall be personally liable for the full
amount of such tax plus all accrued interest to date of
payment.
B. The amount of such tax, together with the accrued interest
thereon, shall constitute a charge or assessment against
the property so transferred and shall be a lien against the
property so transferred in accordance with the procedures
set forth in the Charter of the Town and/or in accordance
with the procedures set forth in the general statutes of
the State regarding municipal liens.
C. Where any document involved in a transaction subject to
the tax imposed by this Chapter is recorded without
payment thereof, the grantee shall, upon conviction
before any Court of competent jurisdiction, pay a fine as
provided in §V.2.6 of this Ordinance.
V.2.5
Construction, Operation and Interpretation
This Chapter shall be applied, construed and interpreted
according to the provisions of the State realty transfer tax as
set forth in 30 Del. C. § 5401 et seq., as it may have heretofore
been or is hereafter amended, it being the intent of this article
that it applies whenever the State's realty transfer tax
applies; provided, however, that:
A. In applying the provisions of the State's realty transfer
tax statute through this Chapter, the "Town of Slaughter
Beach" shall be substituted (where appropriate) for the
"State of Delaware", "Department of Finance", "Division of
Revenue" or the like.
B. The provisions of 30 Del. C. §§ 5405 ("Documentary Stamps;
Affixing; Cancellation; Other Methods"), 5406 ("Furnishing
Stamps; Sales; Agents; Compensation; Bond Premiums"), 5407
("Enforcement ; Rules and Regulations"), 5408 ("Failure to
Affix Stamps"), 5412 ("Grantor to Pay Tax"), 5414 ("Tax
Lien"), and 5415 ("Distribution of Tax Receipts") or any
future corresponding provisions of law shall not be held
applicable to the operation and application of this
46
Chapter.
C. The unlawful acts set out at 30 Del. C. § 5410 now and as
it may hereafter be amended shall, to the extent applicable
to the Town Ordinances and not otherwise superseded hereby,
likewise be unlawful acts under this Chapter, conviction
for which shall result in a fine as provided in §V.2.6 of
this Chapter.
D. Where any provision of 30 Del. C. § 5401 et seq., is
inconsistent with this Chapter, the provisions of this
Chapter shall control; and wherever any provision of 30
Del. C. § 5401 et· seq. is not applicable or appropriate,
it shall be disregarded or construed so as to best achieve
the purpose of this Chapter, which is that whenever a realty
transfer tax becomes due to the State under 30 Del. C. §
5401 et seq., a realty transfer tax of one and one-half
percent shall likewise become due to the Town.
V.2.6
Penalties
A. The amount of any unpaid realty transfer tax, the payment
of which is required pursuant to this Chapter, shall
constitute a debt due the Town. The Town Solicitor, shall,
at the direction of the Town Council, institute a civil
suit in the name of the Town to recover any unpaid tax,
interest, the costs of said suit and reasonable attorney's
fees. No civil judgment or any act by the Town Solicitor,
or the violating licensee, shall bar or prevent a criminal
prosecution for each violation of this Chapter.
B. Any individual, firm, business, association or corporation
failing to comply with the provisions of this Chapter,
shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than $250.00 nor more than
$1,000.00,
plus
costs
for
said
action,
reasonable
attorney's fees, and shall be liable for the payment of any
unpaid realty transfer tax. Each day of non-payment shall
constitute a separate, severable and distinct violation of
this Chapter.