CHAPTER 302

INCORPORATING THE TOWN OF FENWICK ISLAND

AN ACT TO INCORPORATE THE TOWN OF FEN WICK ISLAND, DELAWARE.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch thereof concurring therein):

Section 1. Creation

The territory hereinafter defined in Section II of this Act and the inhabitants thereof within said territory are created a municipal corporation of the State of Delaware under the style and name of the TOWN OF FENWICK ISLAND, DELAWARE.

Section 2. Territorial limits

The corporate limits and boundaries of the TOWN OF FEN-WICK ISLAND, DELAWARE are established and declared to include all of the pieces and parcels of land, marsh and beach described as follows:

No. 1. All that certain piece and parcel of land situate at Fenwick Island, Baltimore Hundred, Sussex County, State of Delaware, more particularly described as follows, to wit: Commencing at a point at the high water mark of the Atlantic Ocean; thence on a line North 82 degrees 51 minutes West a distance of 230 feet plus or minus to a hub; thence on the same course 52.08 feet to a hub; thence on the same course 281.50 feet to a stone; thence on the same course to and across the State Highway leading from Bethany Beach to the Maryland State line whatever the distance may be to the Westerly edge of the right-of-way line of said Highway; thence by and with the Westerly edge of said right-of-way line of said State Highway in a Southerly direction to the South side of Atlantic Street Extended; thence on a line South 83 degrees 39 minutes East across the aforementioned Highway to a stone; thence on the same course a distance of 380.5 feet to a stone; thence on the same course 230 feet to the high water mark of the Atlantic Ocean; thence with the highwater mark of the Atlantic Ocean in a Northerly direction to the place of beginning, be the contents what it may, as by reference to a plot of said lands filed in the Office of the Recorder of Deeds' in and for Sussex County in Plot Book No. 2, page 18 will more fully and at large appear.

No. 2. All that certain piece and parcel of land situate at Fenwick Island, Baltimore Hundred, Sussex County, State of Delaware, and adjoining in part Parcel No. 1 above described more particularly described as follows, to wit: All of Blocks Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 as laid out on the plot of the lands of N. Walter Suplee, said plot being dated December 18, 1945 and now of record in the Office of the Recorder of Deeds' in and for Sussex County in Plot Book No. 2, page 25, and all lands not specified on the said plot by particular lot numbers but being left on said plot between each of the blocks numbered one through eighteen inclusive for possible use as streets as well as that land left without a lot number on the said plot between Lot. No. 91 in Block No. 18 and Lot No. 92 which has no block number.

No. 3. All that certain piece and parcel of land situate at Fenwick Island, Baltimore Hundred, Sussex County, State of Delaware, more particularly described as follows, to wit: All of the land lying to the rear and West of Blocks. Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 as laid out on the plot of the lands of N. Walter Suplee, as the same remains of record in the Office of the Recorder of Deeds in and for Sussex County at Georgetown in Plot Book No. 2, page 25, and which were conveyed to George J. Schulz by deed of N. Walter Suplee and Mary J. Suplee, his wife, said deed being dated June 2, 1950 and now of record in the Office of the Recorder of Deeds' at Georgetown in Deed Book No. 393, page 583, and all islands or marsh belonging to the said George J. Schulz or to the State of Delaware either at the shores of Little Assawoman Bay located to the rear and West of the aforementioned Blocks or the nearest shore of which is within one-quarter of a mile of the lands of the said George J. Schulz herein mentioned.

Section 3. Recorded plot evidence in court

The Town Council may at any time hereafter cause a survey and plot to be made of the TOWN OF FENWICK ISLAND, DELAWARE and said plot when so made and approved by the Town Council, signed by the President and attested by the Secretary with the municipal corporate seal attached thereto may be recorded in the Office of the Recorder of Deeds' of the State of Delaware, in and for Sussex County and when so recorded the plot, or a duly certified copy thereof, shall be evidence in all Courts of law and equity of this State.

Section 4. Government

The Government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in a TOWN COUNCIL consisting of seven members, one of whom shall be designated as President; provided, however, that until the first municipal election to be held on the first Saturday in August 1953, and until the seven members of the Council elected at that time shall qualify, the Town Council shall consist of the ten persons hereinafter named in Section V of this Charter, who are the officers and directors of an unincorporated association, known as the Fenwick Island Beach Association.

Section 5. Designation of persons to serve on town council until the first regular municipal election

Until the first regular municipal election and until their successors are duly elected and qualified the following persons shall serve as members of the Town Council: Vollie M. Lynch, George J. Schulz, Vance A. McCabe, Charles D. Thompson, John R. Furman, Cecil Fisher, William W. Clark, Helen West, Adah McCabe and Virgil Wiley, Virgil B. Wiley is hereby designated President of the Council, Adah McCabe Secretary of the Council and Helen West Treasurer.

Section 6. Elections

On the first Saturday in August, 1953 and annually thereafter on the same date, a municipal election shall be held between the hours of 2:00 o'clock P. M. and 4:00 o'clock P. M. (Eastern Standard Time), at such place within the limits of the Town as shall be designated by the Town Council. At the said election to be held on the first Saturday in August, 1953, three of the members of the Town Council to be elected shall be elected to serve for one year or until their successors are elected and qualified, and four of the members of the Town Council to be elected shall be elected to serve for a term of two years or until their successors are elected and qualified, and at such annual election thereafter the successors of the members of the Council whose terms shall have expired, shall be chosen to serve for the term of two years or until their successors shall be elected and qualified.

Section 7. Nominations to elective offices

At least ten days before the day of the election, nominations for the Council shall be filed with the Secretary of the Council. The nominations shall be in writing signed by the nominees or by five citizens of the Town, which nominations shall be presented to the Council by the Secretary at a meeting of the Council to be held at the usual meeting place which shall be held not later than 9:00 o'clock in the evening of the last day for filing nominations. The Town Council shall cause to be printed or mimeographed ballots, at least as many in number as there are Citizens in the Town entitled to vote at the election. Said ballots shall contain the names of all persons nominated under the heading designating the offices for which nominated, and such ballots shall be delivered to the persons appointed or selected to hold the election at the opening of the Polls, and every citizen qualified to vote calling for a ballot shall receive one from the persons holding the election.

Section 8. Election card

Every election shall be held under the supervision of an Election Board, consisting of three qualified voters of the Town, to be appointed for that purpose by the Council, but if at the time of the opening of the election the three qualified voters appointed by the voters as the Election Board are not present, the persons entitled to vote at such election and then present shall appoint, by VIVA VOCE VOTE, a qualified voter or voters to act in place of the absentee members of the Election Board. Compensation of the members of the Election Board shall be fixed by the Town Council.

Section 9. Qualification of voters

At any such election every person, male or female, who was a freeholder on the first day of June prior to the election and still is on the day of the election and against whose property there are no unpaid tax of the Town on the assessment list, twenty-one years of age or more, whether a resident or qualified voter of the State of Delaware or not, shall be entitled to vote; provided, that any married man or woman whose wife or husband is freeholder of said Town or a tenant by the entirety, although, he or she may not be in his or her own right the owner of any real estate in said Town, shall be entitled to vote. The same qualifications shall apply to any person before he or she may be nominated and elected as a member of the Town Council.

Section 10. Duties of election board

Upon the close of the election the vote shall be read and counted publicly, and the person having the highest number of votes for each office shall be declared duly elected and continue in office for the term stated, or until his or her successors shall be duly elected and qualified. In case of a tie, the three persons holding the election shall, by a majority vote, decide which of the candidates so tied shall be elected.

The Election Board shall enter in a book to be provided for that purpose a minute of the election, containing the names of the persons chosen, shall subscribe to the same and shall give to the persons elected certificates of election, which book, containing such minutes, shall be preserved by the Council and shall be evidence in any Court of Law or Equity. All ballots cast and the records of the election shall be preserved in the custody of the Election Board for a period of ten days.

Section 11. Organization

The Members of the Council at their first meeting after said election, or as soon thereafter as may be, shall choose from their own number, a President and a Secretary and Treasurer to serve until the first annual organization meeting after the next preceding election. They may also choose an Assistant Secretary, to serve at the pleasure of the Town Council who may or may not be from among their own number.

Section 12. Meeting of the town council

The Town Council shall hold regular meetings on the last Saturday in the month of January and on the last Saturday in the months of June, July, August and September, at such times and places as may be designated by the Council. Special meetings may be called by the President and shall be called by him upon written request of three members of the Council. Special meetings shall be called in such manner and at such time as shall be prescribed by ordinance or resolution of the Council and the call may be either, written, telegram or oral as designated by ordinance or resolution.

Section 13. Quorum

A majority of the members elected to the Council shall constitute a quorum, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

Section 14. Rules and minutes of town council

The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings, and the ayes and nays shall be taken upon the passage of every ordinance and resolution and shall be entered in the journal with the text of the ordinance or resolution.

Section 15. Vacancy

In case of vacancy created in the Town Council, by death, resignation or otherwise, the remaining members of the Council may fill such vacancy by appointment. The person so appointed shall serve for the unexpired term or until his or her successors shall be elected and duly qualified.

Section 16. Duties of president

The President shall preside at the meetings of the Town Council. He shall have general supervision of the affairs of the Town; he shall sign all checks for the payment of any moneys and shall perform such other duties as may be prescribed by ordinance or by-laws adopted by the Council.

Section 17. Additional duties of the president

The President shall have jurisdiction and cognizance of all breaches of the peace and other offences committed within the limits of the Town so far as to arrest and hold to bail or fine and imprison offenders, of all fines, penalties and forfeitures prescribed by this Charter or ordinance enacted hereunder; of all neglect, omissions or defaults of any member of the police force or Town officer, agent or employee; provided that he shall impose no fine or penalty in excess of that fixed by the ordinance, and shall not commit to prison for any longer term than thirty days. The Sussex County Jail may be used for imprisonment under the provisions of this Charter. The President shall also have jurisdiction in suits of civil nature for the collection of Town Taxes, recovery of amounts due and payable for the construction of sidewalks, curbs or pavements, expenses or abatement of nuisances and all other matters which may arise in the proper government and control of the Town under the provisions of this Charter, and within his jurisdiction he shall have all powers and authority and shall be subject to all the limitations of a Justice of the Peace of Sussex County, except as may be herein otherwise provided; and his fee shall be the same as those of the Justices of the Peace for the service. For any service for which no fee is provided such fee may be established by ordinance.

In the event the President of the Town Council does not wish to or is unable to perform the duties and exercise the powers imposed upon him under this section, the Town Council may elect some suitable person to be Alderman to perform said duties, who may or may not be a Justice of the Peace, and who may or may not reside in the Town, to serve at the pleasure of the Council.

The Alderman shall report in writing all fines imposed by him and all fines and penalties and other moneys received by him, when requested so to do by the Treasurer. He shall pay all such moneys to the Treasurer. He shall pay all such moneys to the Treasurer within ten (10) days after making report thereof to the Treasurer, and for failure to make report to the Treasurer or for failure to make payment to the Treasurer for the space of ten (10) days, he shall be deemed guilty of a misdemeanor and shall be punished, upon conviction, as herein provided.

Upon the termination of his authority the Alderman shall forthwith deliver to his successor all books, papers, documents and other things belonging or appertaining to his office and shall pay over to the Treasurer all moneys in his hands belonging to the Town. Upon neglect or failure to make such delivery or payments for the space of ten (10) days, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned at the discretion of the Court.

Section 18. Duties of the secretary

The Secretary shall record all the proceedings of the Council, and shall keep a correct journal of the same in a book to be provided for that purpose; he shall file and keep in a safe place the seal of the Town and all papers and documents relative to the affairs of the Town; and shall deliver the same to his successor in office. He shall also attest the seal of the Town when authorized by the Council and shall perform such other duties and have such other powers as may be prescribed by ordinance. All records, books, papers and documents in the custody of the Secretary shall always be open for the inspection of the Council and public, under such regulations as the Council may prescribe.

Section 19. Duties of the treasurer

The Treasurer shall be the custodian of all the Town funds and shall deposit them in such banking institutions as may be designated by the Council; he shall pay out no money except upon check or warrant countersigned by the President or Secretary and authorized by the Council; he shall keep a true, accurate and detailed account of all moneys received and of all moneys paid by him; he shall preserve all vouchers for moneys paid by him and his books and accounts shall at all times be open to the inspection of the Council, he shall make such reports with respect thereto as the Council may request and at such times and places as the Council may direct. If the Council by ordinance so provides he shall file a bond with corporate surety for the faithful performance of his duties, in such form and for such amount as the Council shall direct. He shall perform such other duties and have such other powers as prescribed by this Charter and any ordinances.

Section 20. Audit

There shall be an annual audit of the books and accounts of the Town. The audit shall be by an auditing committee appointed by the Town Council consisting of not less than two persons who may or may not be members of the Council and who may or may not be residents of the Town.

Section 21. Board of Health

The Town Council may at their discretion appoint a Board of Health who may or may not be residents of the Town. If and when appointed said Board of Health shall be composed of three members. The Board shall serve for two years; shall have cognizance of all matters pertaining to the life and health of the residents of the Town, shall report to the Town Council in writing whatever is deemed by the Board to be injurious to the health of the people of the Town, and shall make such recommendations to the Council as may, in their judgment, be beneficial or in any way contribute to the sanitation or public health. The Board shall also have all powers enumerated by the laws of the State of Delaware for local Boards of Health.

The power to adopt ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infectious or contagious disease or nuisances effecting the same shall extend to an area within one mile outside of the limits of the Town.

In the event the Town Council does not deem it necessary to appoint a Board of Health as herein provided said Council shall have all of the duties and powers herein conferred upon the Board of Health.

Section 22. Police

It shall be the duty of the Town Council to appoint a Police force, consisting of a Chief and such number of subordinates as the Town Council may deem advisable; and the Council shall from time to time make rules and regulations necessary for the organization, government and control of the police. The police shall be subject to the direction of the Council and may be removed by the Council at any time. They shall preserve peace and order and shall compel obedience within the limits of the Town to the ordinances of the Town and the laws of the State, and they shall have such other duties as the Council shall from time to time prescribe.

Each member of the police shall be vested, within the Town limits and within one mile outside of said Town limits, with all the powers and authority of a Constable of Sussex County, and in the case of the pursuit of an offender, their power and authority shall extend to any part of the State of Delaware.

Every person sentenced to imprisonment by the President of the Council, Alderman or Justice of the Peace shall be delivered by a member of the police force to the County Jail of Sussex County, to be therein imprisoned for the term of the sentence. In the case of an arrest at a time when the President of the Council, the Alderman or the Justice of the Peace, if there be one, shall not be available to hear and determine the charge, the person arrested may be delivered to the County Jail for imprisonment until such reasonable time thereafter as shall enable the President of the Council, the Alderman, or Justices of the Peace to hear and determine the charge against such person.

Section 23. Budget

Annually each year, and not later than the first day of August, the Town Council shall prepare a budget containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year. The budget shall contain the following information:

1. A detailed statement showing the expenses of conducting each department and office of the Town for the ensuing fiscal year.

2. The value of supplies and materials on hand, together with the nature and kind of any machinery or other implements and the condition thereof.

3. The amount of the debt of the Town, together with a schedule of maturities of bond issues, if any.

4. An estimate of the amount of money to be received from taxes and all other anticipated income of the Town from any source or sources.

The Town Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations, but may revise the same whenever, in the opinion of the Town Council, such revision shall become necessary or advisable.

Section 24. Assessments and collection of taxes

The Town Council shall annually appoint an Assessor to assess the value of real estate within the limits of the Town. The Assessor prior to the first Monday in May of each year shall make a just, true and impartial annual valuation or assessment of all real estate and shall on or before the first Monday in June cause a full and complete transcript of said assessment, containing the amount assessed to each person, partnership or corporation, to be hung in a public place in said Town. Notice of the hanging of the list shall be posted in at least three (3) public places in the Town. The Town Council shall at their regular meeting on the last Saturday in the month of July hear appeals from said assessment, and shall increase, decrease or abate such assessment if they deem such action just. The decision of a majority of the Council upon any appeal shall be final and conclusive.

The Town Council shall annually levy a tax thereon not exceeding ten cents (100) on each One Hundred Dollars ($100.00) worth of assessed property.

Whenever the Town Council shall levy a tax, they shall cause to be made out an alphabetical list of the persons charged therein, and shall cause to be affixed thereto the respective sums to be collected from such persons, and a warrant to the Treasurer of the Town to collect the same.

The Treasurer shall within ten (10) days after the receipt of said list and warrant, render to each person named therein an account or tax bill, showing the amount due, either by delivering the same in person, or mailing to the last known Post Office address of the taxable. Not less than sixty (60) days or more than ninety (90) days after mailing or delivery of said accounts or tax bills to the taxables, as herein provided, the Treasurer shall cause a list of unpaid taxes to be posted in some convenient and public place within the Town. Unless said taxes are paid within thirty (30) days after the posting of said notices, the Treasurer of the Town shall in the name of the Town collect the same with all costs by distress and sale of the real estate and personal property of the delinquent taxable at public auction, after giving at least ten (10) days' notice of such sale in some newspaper published in Sussex County.

THE TOWN OF FENWICK ISLAND, DELAWARE by its President with its corporate seal and duly attested by its Secretary shall execute and deliver to the purchaser a deed of the property so sold, and the said deed shall convey to the purchaser the said property, free and clear of all encumbrances against said property arising after the date on which the Town Council levied said tax. Said deed shall be presumptive evidence that all requirements of the law have been complied with in making such sale and deed.

Section 25. General powers

THE TOWN OF FENWICK ISLAND, DELAWARE shall have all powers granted to municipal corporations and to cities and towns by the Constitution and general laws of the State of Delaware together with all the implied powers necessary to carry into execution all powers granted. It shall have perpetual succession, and may have and use a corporate seal, which may be altered, changed or renewed at pleasure; may sue and be sued, plead and be impleaded in any and all courts of Law or Equity in the State of Delaware and elsewhere by its corporate name, and, for the purpose of this Charter, to take, hold, receive and enjoy, any lands, tenements and hereditaments, in fee simple or for a lesser estate or interest, and also goods, chattels, rights and credits, and may sell, lease, hold, manage and control any such property or properties in such manner as the Council may deem expedient and proper for the purposes expressed herein; may appoint such officers and agents and employ such persons as shall be deemed necessary or convenient for the management of the affairs of the Town and may fix and determine the compensation of such officers, agents or employees.

It shall have all other powers and functions requisite to or appropriate for the Government of the Town, or necessary to the public health, safety, comfort or welfare or the protection and preservation of public and private property; and all actions, suits and proceedings shall be brought in the name of "TOWN OF FENWICK ISLAND, DELAWARE."

The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that the TOWN OF FENWICK ISLAND, DELAWARE, shall have and may exercise all powers which under the Constitution of the State of Delaware, it would be competent by this Charter specifically to enumerate. All powers of the Town, whether expressed or implied, shall be exercised in the manner prescribed by this Charter, or, if not prescribed herein, then in a manner provided by ordinance or resolution of the Council.

Section 26. Enumerated powers

By ordinance, rules, regulations, resolutions, and by-laws or amendments to the same, THE TOWN OF FENWICK ISLAND, DELAWARE, for the good government and welfare of the Town, shall have the following powers (which shall not be deemed to be exclusive): to prevent vice, drunkenness and immorality; to preserve peace and good order, to restrain and suppress disorderly houses, gambling houses, houses of ill-fame; to restrain and suppress all instruments and devices for gaming; to prohibit all gaming and fraudulent devices; to prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses or other public performances and exhibitions for money and to license the same, to prevent any horse racing in any street, highway, alley or strand, to authorize the stopping and detention of any person who shall be guilty of any immoderate riding or driving of any horse, or other animal, motor vehicle or other vehicle upon any street, alley, highway, or beach strand, to regulate, control or prohibit the parking of vehicles upon the streets of the Town, to regulate or prohibit the riding or driving of any horse or other animal, motor vehicle or other vehicle upon any beach strand; to establish and regulate one or more pounds, and to restrain the running at large of horses, cattle, swine, goats or other animals, or geese, chickens, ducks or other poultry, and to authorize the impounding and sale of the same for the penalty incurred, and the cost of keeping, impounding and sale; to authorize the destruction of dogs running at large and to impose taxes on the owner of dogs, to locate, regulate and remove slaughter houses, swine pens, privies and water closets; to restrain drunkards, vagrants, mendicants and street beggars.

THE TOWN OF FENWICK ISLAND, DELAWARE shall, in a like manner, have the power to ascertain and establish the boundaries of all streets, avenues, highways, lanes and alleys in said Town; to prevent and remove all encroachments on said streets, avenues, highways, lanes, alleys, beach or beach strands, to regulate, clean and keep in repair, the streets, highways, lanes, alleys, beach, beach strands, boardwalks, wharves, docks, sidewalks, crosswalks, sewer drains, aqueducts and water courses, and to prevent and remove obstructions in and upon the same in any manner whatsoever; to level, grade, flag or re-flag, curb or re-curb, gutter or re-gutter, pave or re-pave, macadamize, gravel or shell the streets, highway and alleys of said Town, and the sidewalks, crosswalks and gutters thereof, or any of them, or any parts or sections of the same, to prescribe the manner in which such work shall be performed; to enforce the removal of snow, ice and dirt from sidewalks and gutters by the occupant or owner thereof, to prevent or regulate the erections of any stoop, step, platform, bay window, cellar door, gate, area, descent into a cellar or basement, sign or post, or the erection of any projection or otherwise, in, over, under or upon any street, sidewalk or avenue, and to remove the same where already erected, at the expense of the owner or occupant of the premises, to abate or remove nuisances of all kinds at the expense of those maintaining them, and to compel the owner or occupant of any lot, house, building, shed, cellar or place wherein may be carried on any business or calling, or in or upon which there may exist any matter or thing, which is or may be detrimental, in the opinion of the Town Council, or Board of Health, to the health of the inhabitants of the Town, to cleanse, remove or abate the same, under the direction of the Council as often as the said Council or Board of Health may deem necessary for the health and wellbeing of the inhabitants of the Town; or in a summary manner to cause the same to be done at the expense and proper cost of such owner or occupant; and such owner or occupant is hereby expressly made liable for said costs and expenses, to be collected, as hereinafter directed, from such owner or occupants in addition to any fine or penalty which he, she, they or it may be liable for maintaining such nuisance.

THE TOWN OF FENWICK ISLAND, DELAWARE shall, in a like manner, have the power to prescribe the manner in which all contracts for performing work or furnishing materials for the Town shall be made and executed, to prescribe the manner in which corporations or persons shall exercise any privileges granted to them in the use of any street, avenue, highway, alley, beach or strand in said Town, or in digging up any street, avenue, highway, or alley, beach or strand for the purpose of laying down pipes, or for any purpose whatsoever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate, to enter into contract or contracts with, or to grant franchises, concessions, or rights to any person, firm, partnership or corporation who may apply for the use of any street, highway, avenue, lane, alley, beach or strand for the purpose of furnishing communication services, electric lights, power, gas, heat or water to said Town and its inhabitants, or for the constructions and operation of railways, steam, motor, electrical or other powers, or to regulate, route, grant franchises to and enter into contract or contracts with any other public carrier or for the construction and operation of sewer or other sanitary systems of drainage or for the erection of wharves or piers; to regulate, protect and improve the public grounds of said Town to provide lamps to light the streets in public places of every description in said Town; to erect and regulate wells, pumps, aqueducts and cisterns in the public streets; to prescribe and regulate the places of vending or exposing for sale of any and all articles of merchandise from wagons or other vehicles; provided, that the Town shall have no power to construct a boardwalk along the beach either on private or public property.

THE TOWN OF FENWICK ISLAND, DELAWARE shall, in like manner, have the power to direct and regulate the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds in said Town and to authorize and prohibit the removal or destruction of said trees; to direct the digging down, draining, filling-up or fencing of lots, tracts, pieces or parcels of ground in said Town, which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by the Town or this Charter; to prescribe the manner in which such work 'shall be performed, and to cause the expenses thereof to be assessed on such lots, tracts, pieces or parcels of ground, whether improved or unimproved, and to determine the time and manner in which such assessment shall be collected; for the prevention of fire and the preservation of the beauty of the Town; to regulate and control the manner of building or removing of dwelling houses or other buildings, and to establish a code for the same, and for the purpose of promoting health, safety, morals, or the general welfare of the town, the Council may regulate and restrict the height, number of stores, and size of buildings and other structures, percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, individual residences, or other purposes and is granted the authority and power vested in municipalities by Title 22, Delaware Code of 1953, Chapter 3, entitled "Municipal Zoning Regulations", and any amendments thereto; to regulate the construction of chimneys; to prevent the setting-up or construction of furnaces, boilers, ovens or other things in such manner as to be dangerous; to prohibit the deposit of ashes in unsafe places, and to authorize any Town Officer or Constable or person whom they may designate for the purpose; to enter upon and inspect any place or places for the purpose of ascertaining whether the same is or are in a safe condition, and if not, to direct or cause the same to be made so; to make, adopt and promulgate all rules and regulations relative to the use of any sewer in said Town and the tapping thereof, including the charge and fee therefor, as they shall deem proper, and they may also adopt ordinances prescribing penalties for any injury to the said sewer system or any part thereof, or for any abuse of any privilege granted in connection therewith, to prescribe the material or private drains or sewers which shall enter into any Town sewer, and shall direct the manner in which they shall be laid.

THE TOWN OF FENWICK ISLAND, DELAWARE shall, in like manner, have the power to regulate or prohibit the carrying on of manufacturers dangerous in causing or promoting fires; to regulate or prohibit the manufacture, sale or use of fireworks, and the use of firearms in said Town, to regulate or prohibit the use of candles and lights in barns, stables and other buildings; to regulate and prohibit swimming or bathing in the ocean or within waters within the limits of the Town.

THE TOWN OF FENWICK ISLAND, DELAWARE shall further have the power and authority to compel the owners of property within the limits of the Town to keep the same free from unsanitary or unsightly conditions, clear of tall weeds and rubbish, and to fill in any low lots, provided that the Council in its opinion shall deem the same to be unsanitary or unsightly or in any other manner prejudicial to the welfare of the Town or adjoining lot owners. The Council shall have the power and authority to pass any ordinance prohibiting or regulating the same.

THE TOWN OF FENWICK ISLAND, DELAWARE shall, in like manner, have the power and authority to collect license fees annually of such various amount or amounts as the Council shall, from time to time, fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the Town, provided, however, that nothing herein shall be so construed as to make it mandatory upon any resident of the State of Delaware to apply for a license in order to sell, in the Town, farm produce or any farm products grown on his or her farm.

THE TOWN OF FENWICK ISLAND, DELAWARE shall also have the power and authority to levy and collect license fees upon the property of any person, firm, association or corporation carrying on business in the Town and supplying the inhabitants thereof with any form or manner of services for any valuable consideration, the Town Council shall have the power to make and establish such other ordinances, regulations, rules and by-laws, not contrary to the laws of this State, or of the United States, as they may deem necessary to carry into effect the powers and duties imposed upon them by this Charter or any other law of this State, and such also, as they may deem necessary and proper for the good government protection or preservation of persons and property, or for the preservation of the public health of the City and its inhabitants.

Section 27. Power to remove obstructions, nuisances, unsanitary or unsightly conditions

In addition to the power to impose fines and penalties for the maintenance of obstructions, nuisances, or unsanitary conditions, as these terms should be defined, by the Town Council, either upon their own inspection or upon information obtained from the Board of Health, Police force, or citizens of the Town, if the Council shall deem that such obstruction, nuisance, or unsanitary condition should be removed or abated, as the case may be, the Town Council shall enact an ordinance or adopt a resolution, or both, to that effect, and thereupon shall direct the Secretary to forward by registered mail of the United States, in a sealed wrapper, addressed to his or her last known post office address or deliver personally to the person or persons continuing or causing such obstruction, nuisance, or unsanitary conditions, or to the person or persons who are responsible for its existence or continuance, a notice to remove or abate the same. If such person or persons refuse or neglect, for the space of fifteen (15) days after such notice is mailed or for the space of two (2) days if said notice is delivered in person, to remove or abate the same, the Council shall issue a warrant in the name of the TOWN OF FENWICK ISLAND, DELAWARE, commanding such person or persons forthwith to remove or abate such obstruction, nuisance, or unsanitary condition, and shall forthwith proceed to remove or abate the same and, to that end, shall have full power and authority to enter into and upon any lands and premises within the limits of the Town. The Council, or anyone designated by them, shall likewise have the authority to take with them such assistants, implements, machinery or other things as may be necessary and proper to do and perform all matters and things in connection with the removal or abatement of such obstructions, nuisance, or unsanitary condition. At the next regular or special meeting of the Council, the Council shall specify the costs and expenses of all necessary work, labor and proceedings, incurred in the abatement or removal of the same. The Council shall then issue a warrant, containing an itemized account thereof, together with the name and last known address of the person from whom the Town Council shall have determined the amount due and shall deliver such warrant to the Treasurer of the Town. The warrant shall command the Treasurer forthwith to collect the amount stated to be due thereon from the person or persons designated therein. The Treasurer shall forward to such person or persons in a sealed wrapper a true and correct copy of the warrant by depositing the same in the United States mail and addressed to such person or persons last known post office address or serve personally upon said person if he be within the limits of the Town. If such person or persons shall refuse or neglect to pay the same within thirty (30) days from the date of the mailing of such notice and exact copy of the warrant, or the service of the same personally upon such person or persons, the Treasurer shall then be authorized and required to collect the same in the same manner as herein provided for the collection of delinquent Town taxes.

Section 28. Sidewalks, boardwalks, curbing and gutters

In respect to leveling, grading, flagging or re-flagging, curbing or re-curbing, guttering or re-guttering, paving or re-paving, building or re-building, the sidewalks, boardwalks, crosswalks and gutters of the Town, the expense thereof shall be borne by the owner of the property abutting upon the same, and the Town Council shall have the authority to specify the manner of performance and the materials to be used therein.

The Council is authorized to notify and direct, in writing, the owner or owners of any house or land in said Town, along, in front of or adjoining which they deem proper that a pavement, sidewalk, or a curb or gutter or both be constructed, to construct said sidewalk, boardwalk or curb or gutter, or both, and the Council shall have the authority to specify the manner of performance and the materials to be used therein. Letters to one joint owner shall be notice to all. In case the owner shall not reside in the Town at the time, notice to the occupant or tenant shall be deemed to be a sufficient notice. If there be no occupant or tenant residing in the Town at the time, such notice may be sent by mail to the owner, directed to him or her at his or her last known post office address. Should such owner neglect or refuse to comply with said notice for the space of thirty (30) days, the Council shall issue a warrant in the name of the Town, directed to the Treasurer or the Chief of Police, demanding such person forthwith to do their work as specified in the above mentioned notice to the owner or owners. Whereupon the person to whom said warrant shall have been directed shall forthwith proceed to lay such pavement, sidewalk, curbs or gutters, or either or both, as directed in the warrant. To that end he shall have full power and authority to enter in any premises or lands of the Town, and to take with him such assistants, materials, implements, machinery or other things as may be necessary or proper to perform the work specified in the warrant. At the next regular or special meeting of the Council, after the delivery of the warrant, upon return thereon accompanied by an itemized statement of all costs incurred in the performance of necessary work and labor incident thereto, the Council shall determine the amount due the Town by reason of the work done, and shall issue a warrant thereon, directed to the Treasurer or Chief of Police, which shall contain the amount to be by him collected, and the person or persons from whom it shall be by him collected and commanding him forthwith to collect the same from the person or persons so specified in the warrant. A true and exact copy of this warrant shall be mailed or served upon the person or persons therein specified. If the amount specified as due the Town shall not have been paid to the Town within thirty (30) days from the date of service of such true and exact copy of the warrant, the Treasurer shall then be authorized and required to collect the same in the same manner as herein provided for the collection of delinquent Town taxes.

Section 29. Streets

THE TOWN OF FENWICK ISLAND, DELAWARE shall have the power and authority to locate, lay out and open new streets and to widen or abandon the same, or parts thereof, whenever the Town Council shall deem it for the best interest of the Town. In such case, the Council shall adopt a suitable resolution, which shall include a general description of the street to be opened, widened or altered or to be vacated or abandoned, as the case may be, stating the day, hour and place where the Council will sit to hear and determine objections, and to award damages by reason thereof. Copies of such resolution shall be posted in at least three public places in the Town at least five days prior to the day fixed by the Council for the hearing referred to in said resolution.

At said hearing, the Council shall hear objections to the proposed resolution and/or any damages which might be sustained by any owners of property affected thereby, and shall award just and reasonable compensation to any person or persons who shall be deprived of property by virtue thereof.

In the event any person refuses to accept the award of damages made by the Council, the Town Council may proceed in the name of the Town to condemn the property of the person refusing to accept said award, under the provisions of Chapter 61, Title 10, Delaware Code of 1953, as now or hereafter amended.

Section 30. Jetties, bulkheads, embankments, and piers or structures

THE TOWN OF FENWICK ISLAND, DELAWARE shall have the power and authority to locate, lay-out, construct, widen, extend, improve, repair, vacate or abandon jetties, bulkheads and embankments, piers or other structures for the preservation of any beach or strand within the limits of the Town or contiguous thereto, to the end that the same may be preserved and property may be protected, and the general public may enjoy the use thereof. In the locating, laying-out, constructing, widening, extending, improving, repairing, vacating or abandoning of any such jetties, bulkheads, embankments, piers or other structures the Council shall have full power and authority to use such materials and substances and such methods of construction and shall employ such contractors, engineers, inspectors and others as the Council shall deem expedient and advisable. For the purpose of this Section the Council shall have full power and authority to expend such part or parts of the money of the Town, in the general fund of the Town not otherwise appropriated.

The Council may, by condemnation proceedings, take private lands or the right to use private lands for any of the purposes mentioned in this Section. The proceedings by condemnation under this Section shall be the same as prescribed in Section 29 of this Charter for the opening and laying out of new streets or the vacating or abandoning of old streets and the resolutions referred to in said Section 29 shall be changed and modified to cover cases contemplated by this present Section.

Section 31. Drainage

THE TOWN OF FENWICK ISLAND, DELAWARE shall have full jurisdiction and control within the limits of the Town, of the drainage of all water thereof, together with the right to alter and change the course and direction of any of the natural water courses, runs and rivulets within the limits of the Town and the Council may pass ordinances for the opening of gutters, surface water and underground drains and sewers within the limits of the Town. The TOWN OF FENWICK ISLAND, DELAWARE shall also have full power to regulate, maintain, clean and keep the natural water courses, runs and rivulets within the Town limits open and clean and unobstructed and for that purpose may authorize the entry upon private lands and take, condemn and occupy the same in the same manner and by the same condemnation proceedings as hereinbefore provided by Section 29 of this Charter, which is concerned with the opening and laying out of any streets. By like proceedings the Town shall also have the power and authority to enter upon private lands and take, condemn and occupy the same for the purpose of laying down gutters, surface water and underground water drains or sewers, or any of them, within the Town limits. Provided, however, that the resolutions referred to in Section 29 of this Charter shall be changed and modified to cover those cases contemplated by this particular Section of the Charter.

Section 32. Additional rights of condemnation

THE TOWN OF FENWICK ISLAND, DELAWARE shall have the power to acquire lands, tenements, property or interest therein, by condemnation for the purpose of providing sites for public buildings, parks, sewers, sewerage disposal and/or for any other municipal purpose, whether within or without the limits of the Town. The procedure shall be in accordance with and under the provisions of Chapter 61, Title 10, Delaware Code of 1953, as now or hereafter amended.


Approved July 8, 1953.