CHAPTER 173

FORMERLY

SENATE BILL NO. 122

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY, CHAPTER 268, VOLUME 69, LAWS OF DELAWARE, AS AMENDED.

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 § 4.2.28 of Chapter 268, Volume 69, Laws of Delaware, as amended by deleting the same in its entirety and inserting a new § 4.2.28 as follows:

“4.2.28. may provide either civil or criminal penalties for violations of any local town ordinance by appropriate fine, penalty, or forfeiture, together with the town’s costs of enforcement (including but not limited to court costs and reasonable attorney’s fees); and may, by ordinance, provide a “voluntary assessment” procedure under which any person cited for violation of a local town ordinance may admit guilt and pay the minimum fine or civil penalty provided for such violation at the Town Hall (either in person or by mail); provided that such ordinance shall require notice to the alleged violator of his/her right to a hearing before a court of competent jurisdiction, of the minimum and maximum penalties for such violation, and shall make adequate provisions to allow a person who has elected to utilize the “voluntary assessment” procedure the opportunity to revoke such election and proceed to a hearing if revocation of the election is made in a timely manner.”

Section 2. Amend §4.2.32 of Chapter 268, Volume 69, Laws of Delaware as amended by inserting a subsection “(e)” as follows:

“(e) establish a Planning Commission and to exercise all powers and authority delegated to the Town under 22 Del.C. Chapter 7, or any future corresponding provision of law.”

Section 4. Amend § 22.6 (d) of Chapter 268, Volume 69, Laws of Delaware, as amended by:

(a) replacing the words “For the Referred Measure,” with the words “For the Referendum: (I vote for [e.g. repealing Ordinance No. 1234])”; and by replacing the words, “Against the Referred Measure,” with the words “Against the Referendum: (I vote against [e.g. repealing Ordinance No. 1234])”. , and

(b) adding, as a new last sentence to section 22.6(d) the following: “The wording in the brackets should reflect exactly what the vote for or against will do.”

Section 5. Amend § 22.6 (e) of Chapter 268, Volume 69, Laws of Delaware, as amended by inserting the words.... “until the expiration of two years from that date of the referendum election.” after the words.... “shall be adopted in the same or similar form by the Town Council,” as the same appears in the last sentence thereof.

Section 6. This bill shall become effective immediately upon the Governor’s signature.

Approved July 12, 2005