CHAPTER 364

FORMERLY

HOUSE BILL NO. 623

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CODE ENFORCEMENT CONSTABLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 10 of Delaware Code by creating a new Chapter 29 to read as follows:

"CHAPTER 29. Code Enforcement Constables

§2901. Appointment

The Chief Executive Officer of any county or municipal corporation of this State may appoint and employ such numbers of code enforcement constables as shall be necessary to enforce all ordinances pertaining to building, housing, sanitation, or public health codes.

§2902. Duties, Limited Authority

(a) The code enforcement constables appointed pursuant to the provisions of this chapter may enforce only those ordinances pertaining to building, housing, sanitation, or public health codes.

(b) Notwithstanding the provisions of any other law, a code enforcement constable appointed pursuant to the provisions of this chapter shall not have jurisdiction outside the limits of the county or municipal corporation employing such constable.

(c) Code enforcement constables appointed pursuant to the provisions of this chapter shall not be permitted to carry firearms while on duty as such.

(d) Notwithstanding the provisions of any other law, a code enforcement constable may lawfully issue a summons to any person he has reasonable ground to believe has committed an offense against any ordinance pertaining to building, housing, sanitation, or public health codes of the county or municipal corporation by whom he is employed, directing the person to appear before the Court having jurisidiction over such offense whether or not the offense was committed in his presence."

Section 2. This bill shall become effective upon its enactment into law.

Approved June 30, 1986.