CHAPTER 83

FORMERLY

HOUSE BILL NO. 154

AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ALSO KNOWN AS AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND THE DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH" RELATING TO THE POLICE FORCE; RELATING TO THE AREA FROM WHICH ALDERMEN OR ASSISTANT ALDERMEN MAY BE SELECTED; AND RELATING TO BONDED INDEBTEDNESS.

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. Section 21, Chapter 197, Volume 54, Laws of Delaware, as amended by Chapter 61, Volume 56, Laws of Delaware, be and the same is heribRuiTheiemended by striking out all of said Section 21 and subsMutt-1711lieu thereof a new Section 21, to read as follows:

"POLICE FORCE

Section 21. (a) The Commissioners shall, from time to time, make rules and regulations as may be necessary for the organization, government and control of the Police Force. They shall preserve peace and order and shall compel obedience within the limits of the City to the ordinances of the City and the laws of the State of Delaware. They shall have such other duties as the Commissioners shall from time to time presecrlbe. The Chief of Police and the members of the Police Force shall be subject to the direction of the City Manager acting on behalf of the Commissioners.

(b) Each member of the Police Force shall be vested within the limits of the City with the enforcement of the laws of the State of Delaware and the ordinances of its City and in the case of the pursuit of an offender the power and authority of the Police Force shall be without territorial limitations. Each member of the Police Force shall have the power of arrest for a violation of the laws of this State or of an ordinance of the City when committed within the jurisdiction of the City.

(c) Every person sentenced to imprisonment by the Alderman or the Assistant Alderman of the City or by a Justice of the Peace shall be delivered to the proper authorities at the Department of Correction as directed by the Alderman or the Assistant Alderman or by a Justice of the Peace.

(d) It shall be the duty of the Police Force to suppress riotous, disorderly or turbulent assemblages of persons in the streets of the City or the noisy conduct of any person in the same, and upon view of the above or upon view of the violation of any ordinance of the City relating to the peace and good order of, any member of the Police Force shall have the right and power to arrest without warrant.

(e) The Rehoboth Beach Beach Patrol shall be composed of a Captain of the Beach Patrol and such other members or subordinates as the Commissioners may from time to time deem necessary.

(f) The Commissioners shall have the power to establish rules and regulations covering the qualifications of members of the Beach Patrol: provided, however, each member of the Beach Patrol shall pass a test substantially equal to the test required of a Senior Lifesaver by the American Red Cross.

(g) Compensation to be received by the members of the Rehoboth Beach Beach Patrol shall be fixed by the Commissioners. They shall be under the direct control of the City Manager; provided, however, that M cases of emergency members may be called upon by the Chief of the Police Force to assist the members of the Police Force In the performance of their duties. In such cases, each member of the Beach Patrol shall be vested with all the authority of a member of the Police Force.

(h) The Rehoboth Beach Patrol shall be In direct charge of the preservation of human life along the beachfront of the City. The Beach Patrol shall restrain and suppress careless, dangerous or wanton conduct to bathers and swimmers along the beachfront of the City. They shall restrain and suppress unseemly tonduct. They shall enforce regulatory measures adopted by the Commissioners and shall have such other duties as the Commissioners shall, from time to time, prescribe.

(i) In the performance of their duties, the members of the Rehoboth Beach Beach Patrol shall be vested with all the powers and authorities of a member of the Police Force of the City."

Section 2. Subsection (a) of Section 2IA, Chapter 197, Volume 54, Laws of Delaware, as amended by

Chapter 194, Volume 58, Laws of Delaware and Chapter 78, Volume 59, Laws of Delaware, Is amended by striking the words and figures "three (3)" and substituting in lieu thereof the words and figures "six (6)".

Section 3. Paragraph (36), Subsection (a), Subsection 29, Chapter 197, Volume 54, Laws of Delaware, is hereby amended by striking out the words and figures "fifteen percentum (15%)" as they appear in said Paragraph and substituting in lieu thereof the words and figures "twenty-five percentum (25%)."

Approved June 29, 1983.