CHAPTER 8. Home Rule

Subchapter I. General Provisions

§ 801. Definitions.

As used in this chapter:

(1) “Charter amendment” means language which will amend, adopt or repeal a municipal charter.

(2) “Chief executive officer” means the mayor if such there be or, if there be none, then it means the president of the legislative body of a municipal corporation or, if there be none, then it means the presiding officer of the legislative body of a municipal corporation.

(3) “Municipal corporation” includes all cities, towns and villages created before or after December 28, 1961, under any general or special law of this State for general governmental purposes which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a set of elected and other officials.

(4) “Qualified voter” means those persons who, under the terms of a municipal charter, shall be authorized to vote in elections within that municipal corporation.

22 Del. C. 1953, §  801;  53 Del. Laws, c. 260.

§ 802. Applicability of chapter; grant of power.

Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, subject to the conditions and limitations imposed by this chapter, amend its charter so as to have and assume all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by statute. This grant of power does not include the power to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.

22 Del. C. 1953, §  802;  53 Del. Laws, c. 260.