HOUSE BILL NO. 426
AS AMENDED BY
SENATE AMENDMENT NO. 2
AN ACT TO AMEND THE CHARTER OF THE TOWN OF BETHANY BEACH, CHAPTER 295, VOLUME 65, LAWS OF DELAWARE AS AMENDED TO ALLOW THE TOWN TO RECOVER ITS COSTS AND REASONABLE ATTORNEYS FEES IF IT IS THE PREVAILING PARTY IN ANY ACTION TO ENFORCE COMPLIANCE WITH A TOWN ORDINANCE OR TO CORRECT OR ABATE A NUISANCE; TO AMEND SECTION 15 OF CHAPTER 295, VOLUME 65, LAWS OF DELAWARE, AS AMENDED TO ALTER THE TERM OF OFFICE FOR ALDERMAN AND ASSISTANT ALDERMAN FROM ONE (1) YEAR TO TWO (2) YEARS, TO PERMIT THE APPOINTMENT OF MORE THAN ONE (1) ASSISTANT ALDERMAN AND TO PERMIT REASONABLE FINES TO BE SET BY TOWN ORDINANCE; AND TO AUTHORIZE THE TOWN TO ADOPT, BY REFERENCE, ANY STATE MOTOR VEHICLE STATUTE OR CORRESPONDING PENALTY, INCLUDING FUTURE AMENDMENTS THERETO.
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 4 of Chapter 295, Volume 65, Laws of Delaware, as amended, by adding a new Section 4.2.48 as follows:
"4.2.48 In the event that Town brings any action at law (including seeking the imposition of a fine or penalty, the establishment of a lien, or the collection of an amount owed to the Town in an action for debt), or in equity, to enforce compliance with any Town Ordinance, or to correct and abate any nuisance, the Town shall, if it is the prevailing party in such action, be entitled to recover, as part of the judgment, in addition to any other amounts recovered, and the Town's court costs (including all filing fees, court reporting charges, and expert witness fees).".
Section 2. Amend Section 15 of Chapter 295, Volume 65, Laws of Delaware, as amended, by replacing subsection 15.1 with a new subsection 15.1, as follows:
"15.1 Appointment. The Town Council may recommend to the Governor for appointment and confirmation by the Senate suitable persons to serve as Alderman and one (1) or more Assistant Aldermen, each of whom shall serve for a two (2) year term, subject, however to being removed from office for just cause at any time, by a vote of two-thirds of all members of the Town Council.".
Section 3. Amend Section 15 of Chapter 295, Volume 65, Laws of Delaware, as amended, by replacing Subsection 15.7 with a new Subsection 15.7, as follows:
"15.7 Civil and Criminal Penalties; Costs. Neither the Alderman nor the Assistant Alderman shall impose any penalty in excess of that fixed by the ordinances of the Town Council, exclusive of costs, nor imprison any offender for more than thirty (30) days, or both, except as otherwise specifically provided in this Charter; but the Alderman or Assistant Alderman may, in addition to any other fine or term of imprisonment permitted to be assessed or imposed, impose and collect such court costs as are set by ordinance or resolution of the Town Council, provided that no court costs shall be imposed which are in excess of that which may be imposed by a Justice of the Peace for like service.".
Section 4. Amend Section 15 of Chapter 295, Volume 65, Laws of Delaware, as amended, by adding a new Subsection 4.2.49, as follows:
"4.2.49 May make or, adopt, by specific reference, any or all State motor vehicle statute or corresponding penalties of the State of Delaware, including (without further action by Town Council), all subsequent amendments thereto enacted by the State, as the motor vehicle ordinance of the Town.".
Approved June 30,2006