CHAPTER 98

FORMERLY

SENATE BILL NO. 45

AN ACT TO AMEND CHAPTER 143, VOLUME 57, LAWS OF DELAWARE, RELATING TO AN ACT ENTITLED: "AN ACT TO INCORPORATE THE TOWN OF SOUTH BETHANY:" AND PROVIDING CERTAIN AMENDMENTS THERETO.

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

Section 1. Amend Chapter 143, Volume 57, Laws of Delaware, by striking Section 13 in its entirety, and substituting in lieu thereof the following:

"Section 13. Compensation

Each Commissioner shall receive compenation in the amount of ten dollars ($10) for each scheduled monthly Council meetings attended by the Commissioner. Any additional compensation to any Commissioner for special services rendered apart from monthly meetings shall be determined by the Council. The total compensation, including any additional compensation for special services, shall not exceed two hundred dollars ($200.00) per calendar year for any Commissioner except the Mayor. The Mayor shall receive not more than three hundred dollars (3300.00)."

Section 2. Amend Section 15, Chapter 143, Volume 57, Laws of Delaware, by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows:

"(e) The Council shall have authority to remove from office any Commissioner who, without good cause, misses three regularly scheduled Council meetings per year. The Council shall then appoint a new Commissioner to complete the term of the Commissioner who has been removed."

Section 3. Amend Section 20, Chapter 143, Volume 57, Laws of Delaware, by striking said section in its entirety, and substituting in lieu thereof the following:

"Section 20. Constables and Alderpersons

(a) Town Council may appoint suitable persons to serve as Alderperson and Assistant Alderperson who may or may not be a resident of South Bethany, 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 appointed, subject, however, to be removed from office at any time by a majority vote of the Town Council. The Alderperson and Assistant Alderperson/s shall be sworn or affirmed by the Mayor to perform the duties of their perspective offices honestly, faithfully, and diligently. The Assistant Alderperson shall perform the functions of the Alderperson if the Alderperson is unavailable and at such other times as may be designated by the Mayor. During such periods of times, the .Assistant Alderperson shall have all the duties and the power of the Alderperson. It shall be the duty of the Alderperson and Assistant Alderperson to enforce all laws enacted for the governinent of the Town of South Bethany and to carry into effect all orders and directions of the Town Council made in pursuance of any law of this State, and to carry into effect any ordinances which the Town Council may legally make or establish. The Mayor shall procure a suitable record for the use of the Alderperson and the Assistant Alderperson. Such records shall be known as the "Alderperson's Docket." The Alderperson and Assistant Alderperson shall keep all official acts and proceedings in the "Alderperson's Docket."

(b) The Alderperson and Assistant Alderperson shall have jurisdiction and cognizance of all breaches of peace and other offenses committed within the limits of the Town of South Bethany and within one mile of the limits and territory of the Town of South Bethany so far ns 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, ommissions 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 that fixed by law or ordinance exclusive of costs and no term of imprisonment in excess of sixty (60) days, except as otherwise provided in this Charter.

(c) The Town Council ;hall establish the amount of compensation and the hours of operation for the Alderperson's Court. The Alderperson shall be bonded by a company duly authorized to do business in the State of Delaware in such amount as the Town Council determines.

(d) If any Alderperson or Assistant Alderperson shall be removed from office as hereinbefore provided, he or she shall deliver to the Mayor, within two (2) days after his or her removal from office, all books and papers belonging to his office, and shall pay over to the Treasurer all monies In his or her hands within five (5) days after receiving the notice of his or her removal from office. Immediately after receipt of the books and papers belonging to the office of either Alderperson or the Assistant Alderperson, the Mayor 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 Mayor within the time specified by this Charter, or to pay over all monies to the Treasurer within the time specified, the Alderperson or Assistant Alderperson, 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 Mayor or to pay over all monies to the Treasurer. The Aiderperson and Assistant Alderperson shall report to the Town Council all fines and penalties and pay the same to the Treasurer, and at such times as the Town Council may order and direct."

Section 4. Amend Section 21 and Section 22, Chapter 143, Volume 57, Laws of Delaware, by striking each sectionin its entirety, and substituting in lieu thereof the following:

"Section 21. Emergency Ordinances

To meet a public emergency affecting life, health, property or the public peace, the Town Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in Section 29 of the Charter. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it was introduced, but the majority vote of all Town Council members present shall be required for adoption.

After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance, shall automatically stand repealed as of the 90th day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be reprealed by adoption of a repealing ordinance in the same manner specified in this Section for the adoption of emergency ordinances."

Approved July 7, 1981.