CHAPTER 410

FORMERLY

HOUSE BILL NO. 765

AN ACT TO AMEND CHAPTER 302, VOLUME 49, LAWS OF DELAWARE, BEING "AN ACT TO INCORPORATE THE TOWN OF FENWICK ISLAND, DELAWARE" RELATING TO ELECTIONS AND CERTAIN ENUMERATED POWERS OF THE TOWN.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 6, of Chapter 302, Volume 49, Laws of Delaware, by adding thereto a new paragraph to read as follows:

"In the event of a tie vote, a runoff election between the candidates so tied shall be held within twenty-eight (28) days after the annual election at which. the tie vote occurred and notice of such runoff election shall be posted at the Town Hall within three (3) days after the annual election."

Section 2. Amend Section 8 of Chapter 302, Volume 49, Laws of Delaware, by striking the words "the persons entitled to vote at such election and then present shall appoint, by Viva Voce Vote," as the same appears in the first sentence of said Section 8 and inserting in lieu thereof the following words:

"a quorum or greater number of the Town Council shall appoint".

Section 3. Amend Section 10, of Chapter 302, Volume 49, Laws of Delaware, by striking the last sentence beginning with the words "In case of a tie" and ending with the words "be elected" as they appear in the first paragraph of said Section 10 and inserting in lieu thereof the following:

"In case a tie vote is declared by the Election Board a runoff election between the candidates so tied shall be held."

Section 4. Amend Section 26, of Chapter 302, Volume 49, Laws of Delaware, by striking the first paragraph of said Section 26 in its entirety commencing with the words "By ordinance" and ending with the words "street beggars" and inserting in lieu thereof a new paragraph to read as follows:

"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 prohibit and prevent vice, drunkenness and immorality; to preserve peace and good order; to prohibit adult book stores or other commercial establishments, including but not limited to motels and hotels, offering for sale or viewing pornographic films, literature, material, or devices; to prohibit massage parlors or like establishments; to prohibit, restrain and suppress disorderly houses, gambling houses, houses of ill-fame; to prohibit, 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 prohibit and prevent any 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 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 prohibit, regulate or restrict all animals, birds, and fowl within the Town limits including the beach strand, other than wild animals, birds, or fowl natural to the environment and except that no person or persons shall hold in captivitiy, keep or maintain such wild animals, birds or fowl, 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 prohibit, regulate and remove slaughter houses, swine pens, privies and water closets; and to prohibit and restrain drunkards, vagrants, mendicants, street beggars and solicitors."

Approved July 11, 1980