Delaware General Assembly


CHAPTER 38

FORMERLY HOUSE SUBSTITUTE NO. 1

FOR HOUSE BILL NO. 68

AN ACT TO AMEND CHAPTER 59, TITLE 11, DELAWARE CODE TO ENLARGE THE JURISDICTION OF JUSTICES OF THE PEACE TO INCLUDE VIOLATIONS OF ORDINANCES, CODES AND REGULATIONS OF THE GOVERNMENTS OF THE SEVERAL COUNTIES.

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

Section 1. Chapter 59, Title 11, Delaware Code, is amended by adding a new section thereto as follows:

§ 5921. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties; penalty; appeal

(a) Justices of the Peace shall have jurisdiction throughout the State to hear, try and finally determine any violation or violations of any ordinance, code or regulation of the governments of their respective counties. Any person convicted of such violations may be fined not more than $100 for each violation.

(b) Every person convicted under this section shall have the right of appeal to the Superior Court of this State. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the Justice of the Peace before whom such person was convicted, at the time such appeal was taken. Such appeal shall be taken and bond given within five days from the time of conviction.

() The provisions of Sections 5302, 5502 and 5602 of this title shall not be applicable to violations under this section.

Approved April 18, 1971.