HOUSE BILL NO. 16
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 189, VOLUME 43 OF THE LAWS OF DELAWARE, AS AMENDED, RELATING TO THE TOWN OF WYOMING.
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 14(J), Chapter 189, Volume 43 of the Laws of Delaware, as amended, by striking Section 14(J) in its entirety and substituting in lieu thereof a new Section 14(J) to be read as follows:
(J) The Council may appoint a Chief of Police and any number of subordinate police officers, whenever the Council may deem it wise to do so. The Chief of Police shall be subject to the direction of the Council, and may be removed by the Council in accordance with 11 Del. C. §9301 or other applicable law. Subordinate police officers may be removed for just cause, by a majority vote of the Council in accordance with 11 Del.C. Chapter 92.
The police force shall preserve peace and order and shall compel obedience within the Town limits to the ordinances of the Town and the laws of the State of Delaware. The police force shall have such other duties as the Council may from time to time prescribe. Operational control of the daily routine and responsibilities of the police force shall be the responsibility of the Chief of Police. The authority of the Chief of Police shall be subordinate and answerable to the Mayor and the Council. The Council may, from time to time, make rules and regulations as may be necessary for the organization, government, and control of the police force.
Within the Town limits of the Town of Wyoming and one mile beyond said limits, each member of the police force shall have all the police powers and authority of a State Peace Officer and shall be conservators of the peace; they shall suppress all acts of violence and enforce all laws relating to the safety of persons and property; they shall compel the enforcement of all ordinances enacted by the Council, and all criminal laws and motor vehicle laws enacted by the State of Delaware; they shall suppress riotous, disorderly, or turbulent assemblages of persons in all public ways and places of the Town; and upon view of the above or upon view of any violation of any ordinance of the Town relating to the peace and good order thereof, the police force shall have the right and power to arrest without warrant. In the case of pursuit of an offender, the power and authority of the police force shall extend outside the territorial limits of the Town and to any part of the Sate of Delaware.”
Section 2. If any provision of this Act shall be deemed or held to be invalid or unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not affect any other provision of this Act which may be given effect without such invalid or unenforceable provision, and to this end, the provisions of this Act are hereby declared to be severable.
Section 3. This Act shall become effective upon its enactment into law.
Approved September 03,1999