CHAPTER 565

FORMERLY

HOUSE BILL NO. 338

AN ACT TO AMEND CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, 1909, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF BETHANY BEACH AND GIVE IT AUTHORITY TO ISSUE BONDS", PROVIDING FOR THE APPOINTMENT OF AN ALDERMAN AND AN ASSISTANT ALDERMAN, THE HOLDING OF AND REMOVAL FROM OFFICE, QUALIFICATIONS, DUTIES AND COMPENSATIONS THEREOF, POWERS, JURISDICTION AND FEES, APPOINTMENT OF TOWN POLICE, AND THE MAINTENANCE OF A LOCK-UP OR JAIL.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each branch thereof concurring therein):

Section 1. Section 15 of Chapter 212, Volume 25, Laws of Delaware, 1909, as amended, be and the same is hereby amended by striking and repealing Section 15 thereof and enacting the following in lieu thereof:

"Section 15. (A) The said Commissioners may elect suitable persons to serve as Alderman and Assistant Alderman who may or may not be a resident of said Town, but shall live within five miles of the limits of said Town, and who shall serve as such for one year, or until their successors shall be duly elected, subject, however, to be removed from office at any time by a vote of two-thirds of all the Commissioners. The Alderman and Assistant Alderman shall be sworn or affirmed by the President of the Commissioners to perform the duties of their respective offices honestly, faithfully, and diligently. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Commissioners. During such periods of time, the Assistant Alderman shall have all the duties and powers of the Alderman. It shall be the duty of the Alderman and the Assistant Alderman to enforce all laws enacted for the government of the Town and to carry into effect all orders and directions of the Commissioners made in pursuance of any law of this State, and to carry into effect any ordinance which the Commissioners may legally make or establish. The Commissioners shall procure a suitable record for the use of the Alderman and the Assistant Alderman. Such records shall be known as the 'Alderman's Docket'. The Alderman and the Assistant Alderman shall keep all official acts and proceedings in the 'Alderman's Docket'.

(B) The Alderman and Assistant Alderman shall have jurisdiction and cognizance of all breaches of peace and other offenses committed within the limits of the Town and within one mile of the limits and territory of the Town so far as to arrest and hold for bail or to fine and imprison offenders; of all fines, penalties and forfeiture described by this Charter, ordinances enacted hereunder, or any law of the State of Delaware; of all neglects, omissions or defaults of any member of the Town police force, or of any other Town officer, agent or employee; provided that he shall impose no fine or penalty in excess of One Hundred Dollars ($100.00) exclusive of costs and no term of imprisonment in excess of sixty (60) days, except as otherwise provided in this Charter.

() The fees of the Alderman and Assistant Alderman for any service shall be the same as those of a Justice of the Peace for like service. For any service or duty for which no fee is provided by law for a Justice of the Peace, the Commissioners may establish a fee by ordinance.

(A) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the President of the Commissioners, within two (2) days after his removal from office, all books and papers belonging to his office, and shall pay over to the Treasurer all monies in his hands within five (5) days after receiving the notice of his removal from office. Immediately after receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the President shall require the auditor of the Town to make an audit of the books and papers of the official so removed from office. Upon the neglect or failure to deliver all books and papers to the President of the Commissioners within the time specified by this Charter, or to pay over all monies to the Treasurer within the time specified, the Alderman or Assistant Alderman, so removed, shall be' guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty Dollars ($20.00) and no more than One Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the President of the Commissioners or to pay over all monies to the Treasurer. The Alderman and Assistant Alderman shall report to the Commissioners all fines and penalties and pay the same to the Treasurer at such time as the Commissioners may order and direct.

(E) The Commissioners may appoint such number of local constables that shall be deemed necessary, who shall constitute the Town Police.

(F) And it shall and may be lawful for the said Commissioners to keep and maintain a suitable place as a lock-up or jail for the use of said Town, and the Alderman or Assistant Alderman, acting under the provisions of this Act, or carrying into effect any judgment or sentence pronounced under its authority or by virtue of any ordinance or regulation adopted by virtue of the power conferred by this Act, may commit a person to the lock-up or jail for any time not exceeding sixty (60) days."

Approved July 29, 1974.