CHAPTER 251

FORMERLY

HOUSE BILL NO. 308

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 the Chapter 29, Title 10 of the Delaware Code by inserting the words "AND ANIMAL CONTROL" after the words "CODE ENFORCEMENT" and before the word "CONSTABLES" in the Chapter title.

Section 2. Amend §2901, Title 10 of the Delaware Code by inserting the words "and animal control" after words "code enforcement" and before the word "constables".

Section 3. Further Amend §2901, Title 10 of the Delaware Code by inserting the words and punctuation ", animal control" after the word "sanitation" and before the word "or".

Section 4: Amend § 2902(a), Title 10 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) The code enforcement and animal control constables appointed pursuant to this Chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, animal control or public health.".

Section 5: Amend §2902(b), Title 10 of the Delaware Code by inserting the words "or animal control" between the words "code enforcement" and "constable" in the first sentence thereof.

Section 6: Amend §2902 (c), Title 10 of the Delaware Code by adding the words "and animal control" after the words "code enforcement" and before the word "constables".

Section 6: Amend §2902 (d), Title 10 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) Notwithstanding any other law, a code enforcement or animal control constable may lawfully issue a summons to any person the constable has reasonable grounds to believe has committed an offense against any ordinance pertaining to building, housing, sanitation, animal control, zoning, or public health code of the county or municipal corporation by whom the constable is employed, directing the person to appear before a court having jurisdiction over such offense whether or not the offense was committed in the constable’s presence.".

Approved May 03, 2010