CHAPTER 321

FORMERLY

HOUSE BILL NO. 411

AN ACT TO AMEND CHAPTER 214, VOLUME 65, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE TOWN OF NEPORT.

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 7-06., Chapter 214. Volume 65. Laws of Delaware, as amended, by striking said section in its entirety and substituting in lieu thereof the following.

"Section 7-110 Alderman

The Mayor may appoint, with the advice and consent ofthree Commissioners, an officer of the Town who shall have the title Alderman. The Alderman may be removed from office by the Mayor subject to the approval of three commissioners. Any Magistrate or Justice of the peace, serving the State of Delaware may be designated to also serve as Alderman for the Town, but he/she shall not be a Commissioner or the Town Solicitor. In the event that there is no Alderman within the Town, the members of the Town of Newport Police Department are directed to take all violators, except those receiving a voluntary assessment, to the nearest available Magistrate, who is authorized to serve in the capacity of Alderman.

The compensation of the Alderman shall be fixed by resolution, and unless otherwise provided by the Mayor and Commissioners by resolution, the Alderman shall not retain any fines levied by the court, but must pay such fines into the Town Treasury within fifteen (15) days of collection. Before entering upon the duties of his/her office, he/she shall be sworn or affirmed by the Mayor, by any one of the commissioners, or by any Justice of the Peace,to perform the duties honestly, faithfully, and diligently. The Alderman shall have jurisdiction of all violations of ordinances of the Town and of all misdemeanors prescribed by any law of the State of Delaware committed within the boundaries of the Town. The Alderman shall have power and authority to hold for bail, fine or imprison offenders, compel the attendance of persons accused ofviolation of Town ordinances by service or process either within or without the limits of the Town, compel the attendance of witnesses, and hold or punish for contempt; provided that in the case of a violation of an ordinance, he/she shall impose no fine or penalty in excess of that fixed by the ordinance or law, and shall not commit to prison for a longer term than thirty (30) days in default of the payment of a fine imposed by him/her. If any vacancy shall occur in the office of the Alderman by death, resignation, removal from office, or otherwise, such vacancy may be filled by the Mayor and three commissioners at any meeting thereafter for the remainder of the term. If any Alderman shall be removed from office by,the Mayor and Commissioners as herein provided, he/she shall deliver to his/her successor in office within two days after selection of his/her successor, all books and papers belonging to his/her office."

Section 2. Amend Section 12-03., Chapter 214, Volume 65, Laws of Delaware, as amended, by striking the words "ninety (90) days" appearing therein and substituting in lieu thereof the words "one (1) year".

Approved April 15, 1996