CPMCBOA PACKET Redacted

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA MAY 31, 2018 - 4:00 P.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. 1. AGENDA ADDITIONS/DELETIONS 2. PROPERTY MAINTENANCE CODE VIOLATION (CHAPTER 106-130 - WRECKED, NONOPERATING, OR IMPROPERLY PARKED OR EQUIPPED VEHICLES - (B) LEAVING VEHICLES ON PROPERTY) - APPEAL OF DECISION - 218 NORTH KIRKWOOD STREET (RONNIER JAMES HENRY) 3. ADJOURNMENT /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\05-31-2018 CPMCBOA AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

City of Dover May 24, 2018 Mr. Ronnier Henry 218 North Kirkwood Highway Dover, DE 19904 Re: Appeal of Wrecked, Nonoperating, or Improperly Parked or Equipped Vehicles - 218 North Kirkwood Street, Dover, DE 19904 Case #: 18-00001475 Mr. Henry: I have received your request to appeal the decision of the Building Inspector to tow the vehicle from 218 North Kirkwood Street, in accordance with Chapter 106 - Traffic and Vehicles of the Dover Code. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, May 31, 2018 at 4:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. Please feel free to contact me by e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Sincerely, Traci A. McDowell, MMC City Clerk TAM/dd S:\APPEALS\2018\218 NORTH KIRKWOOD STREET-WRECKED, NONOPERATING, ETC VEHICLES\Construction and Property Maintenance Code Board of Appeals - Receipt of Appeal - Improper Vehicles.wpd cc: David Hugg, Director of Planning & Community Development Nicholas Rodriguez, City Solicitor William Pepper, Deputy City Solicitor P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

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Page: 1 Document Name: Untitled 03/02/18 Delaware Division of Motor Vehicles MVKCS31P 13:33:54 Transaction Number: 2018030219893 MVICS30M R Transaction Trans Payment - -Void I Waiver--- T Lie/Reg# Description Amount Amount Amount Description ----- - -- - -------- ------ - - - R 181353 INSURANCE PEN 40.00 40.00 Transaction Subtotal: 40.00 40.00 VISA CARD 40.00 Enter-PF1---PF2---PF3---PF4---PF5---PF6---PF7-- - PF8---PF9---PF10--PF11 - -PF12--- UP DOWN RTRN TOTL 4- © Sess-1 172. 16. 16. 3 KUU4TTCP 7/4 Date: 3/2/2018 Time: 1:33:56 PM

STATE OF DELAWARE SELLERS REPORT OF SALE DIVISION OF MOTOR VEHI CLE: TAG NO. IMAN UFACTURER & YEAR IVEHICLE IDENTIFICATION NO. ISELLI NG PRI CE !DATE CADI 2003 NAME OF SELLER (CURRENT REGISTERED OWNER) NAME OF BUYER HENRY RONNI ER JAMES COMPLETE ADDRESS OF SELLER COMPLETE ADDRESS OF BUYER CITY STATE ZIP CITY STATE ZIP ' SELLER'S SIGNATUR E . l:~DO~ET~ff:R~~;~8;.: ~'.ILE:, ·'.~°: T:~~J:~'. \ BUYER'S DRIVERS LI CENSE NO. STATE x ··c· ,., .. .. .. , ... ,"., :T:-.. ,....,.. WARNING - WHEN YOU SELURELEASE INTEREST IN THIS VEHICLE , YOU MUST MAIL THIS DETACHMENT ALONG WITH THE REGISTRATION CARD IMMEDIATELY TO DMV REGISTRATION SECTION , PO BOX 698, DOVER , DE 19903 TO ENSURE YOU R RESPONSIBILITY FOR THE VEHICLE IS RELEASED .

93 STAT. 1284 PUBLIC LAW 96-170-DEC. 29, 1979 Public Law 96- 170 96th Congress An Act Dec. 29, 1979 To permit civil suits under section 1.979 of tbe ReW!ed Statutes <42 U.S~O. 1983> [H.R. 3343} against any person acting under color or any law or custom of the District of Columbia who subjects any person within th& jurlsdi.ction of th~ District or Columbia to the deprivation of any right, privilege, or immunity secured by the Constitution and laws. Be it enacted by the &mate and House of Rep_resentatives of the Civil rights in the District of Unite.d States ofAmerica in. ongress . .·assembled, That section 1979 of 0. · Columbia. the Revised Statutes of the United States (42 U.S.C. 1983) is Suits for amended- violation, (1) by inserting uor the District of Columbia" after "any Stat.a permit. or Territory''; ana (2) by acfding at the end thereof the following new sentence: ''For ~e purposes of th!a section, 8N Act of O:>ngress applicable exclusively to the District of Columbia. shall be.considered to be a statute of the Distrlct of Columbia.''. SEC. 2. Section 1843 of title 28, United States Code1 l$ amended.- n> by inserting "(a)" before "The district courts' ; and (2) by ad~ at th~ end thereof the following new subsection: ''{b) Forpµfp9Se8 of thiS Section- . . "{1) the District of O:>lufu.bia shall be oorisidered to be a State; and "(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.". Effec tive date. SEC. 8. The amendments made by this Act shall apply with ~ 28 use1343 to ailY. de~rivation of rights, pp.vileges, or immunities Secured,by the note. Constitution and laws occumng after the date of the enactment of this Act. Approved December 29, 1979. LEGISLATIVE fllSTORY: HOUSE REPORT No. 96-548 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 125 (19'/~): Nov. 'l:l, considered and passed House. Dec. 18, consid.e red and passed Senate. A UTHENTICAT E9 U.S. GOVERNMENT IN FO RM A TION GPO

Legal Sidebar Eleventh Circuit Provides Guidance for the Definition of "Foreign Official" under the FCPA 10/ 15/ 2014 On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) issued its opinion in United States v. Esquenazi, a case important for being the first federal appellate court decision to provide guidance for and flesh out the definition of the term "foreign official" under the Foreign Corrupt Practices Act (FCPA or Act). The FCPA, first enacted in 1977 and significantly amended in 1988 (with an additional amendment in 1998 to implement the Organization of Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions), was enacted principally to prevent the bribery of foreign officials. It has three major parts: 1. Requires corporations to keep accurate books, records, and accounts; 2. Requires issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and 3. Prohibits bribery by American corporations of foreign officials. (For additional information on the FCPA, see CRS Report R41466: The Foreign Corruot Practices Act (FCPA): Congressional Interest and Executive Enforcement.) Esquenazi and Rodriguez owned Terra Telecommunications (Terra), a Florida company that purchased phone time from foreign vendors and resold the minutes to U.S. customers. One of Terra's main vendors was Telecommunications D'Haiti (Teleco). By 2001, Terra owed Teleco more than $400,000, and Esquenazi and Rodriguez contacted Teleco officials to negotiate an amortization agreement or, alternatively, to offer a "side payment." A side payment deal was worked out, and the arrangement resulted in payments to Teleco officials in exchange for debt reduction of Terra's bills. Esquenazi and Rodriguez were charged with violations of conspiracy, money laundering, and, what is important in this sidebar, the FCPA. The U.S. District Court for the Southern District of Florida found them guilty, and they appealed. The Eleventh Circuit affirmed. The court began its analysis by quoting the bribery provision of the FCPA and the definition of "foreign official." The FCPA prohibits "any domestic concern" from "mak[ing] use of the mails or any means ... of interstate commerce corruptly in furtherance of" a bribe to "any foreign official," or to "any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official," for the purpose of "influencing any act or decision of such foreign official ... in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person .... " A "foreign official" is "any officer or employee of a foreign government or any department, agency, or instrumentality thereof." The court considered what the word "instrumentality" means in the definition of "foreign official" and whether Teleco qualifies as an instrumentality. For purpose of the FCPA, the court defined "instrumentality" as an "entity controlled by the government of a foreign country that performs a function the controlling government treats as its own." According to the court, there are two elements in deciding whether an entity is an instrumentality for purposes of the FCPA: whether the foreign government controls the entity and whether the entity performs a function that the government treats as its own. Using language from the above-mentioned OECD Convention, the court listed factors relevant to the first element as including whether the government has a majority interest in the entity; the government's ability to hire and fire the entity's principals; the extent to which the entity's profits go directly into the government fisc; the extent to which the government funds the entity if it fails to break even; and the length of time these factors have existed. Factors of the second element, also from OECD Convention language, include whether the entity has a monopoly over the function it carries out; whether the government subsidizes the costs associated

with the entity providing services; whether the entity provides services to the public at large in the foreign country; and whether the public and the government of that foreign country generally perceive the entity to be performing a governmental function. Based on witness testimony and its own analysis, the court found that Teleco is an instrumentality of the Haitian government. The court noted such characteristics of Teleco as its monopoly over telecommunications services, its tax advantages, and the Haitian president's choosing its director general and all of its board members. Since Teleco is an instrumentality of a foreign government, its employees are, according to the court, foreign officials under the FCPA. Esquenazi and Rodriguez had a payment arrangement with Teleco officials in return for a reduction of their debt to Teleco. By making payments to Teleco officials, Esquenazi and Rodriguez were, according to the court, bribing foreign officials and, therefore, violating the FCPA. Posted at 10/15/2014 10:33 AM by Michael V. Seitzinger I Share Sidebar Category: Securities and Derivatives

BNA, INC. WHITE COLLAR CRIME REPORT+ VOL. S, NO. 19 640-642 SEPTEMBER 10, 2010 Reproduced with permission from White Collar Crime Report, 5 WCR 640, 09/10/2010. Copyright © 2010 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com BRIBERY Getting What They Pay For: The Far-Reaching Impact Of the Dodd-Frank Act's 'Whistleblower Bounty' Incentives on FCPA Enforcement BY T. MARKus FuNK ramped-up Foreign Corrupt Practices Act enforcement efforts. When President Obama signed the Dodd-Frank ongress, by recently passing the historic Dodd- C Frank Wall Street Reform and Consumer Protec- tion Act (H.R. 4173) ("Dodd-Frank Act"), pro- vided a major boost to the U.S. government's recently Act into law July 21, he made available both potentially huge new cash incentives for whistleblowers as well as beefed-up protections against retaliation. 1 Foreign and domestic corporate "insiders" (including those at the parent and off-shore subsidiary levels), purported re- T. Markus Funk is a partner with Perkins Coie cipients of bribes, as well as corporate "outsiders" LLP, working out of the firm's Denver and (such as family members and friends who happened Chicago offices. Funk focuses on corporate upon relevant information), now have unparalleled fi- investigations, complex commercial litigation, and Foreign Corrupt Practices Act matters. He is a former Assistant U.S. Attorney in Chi- cago, most recently working with the Public 1 Note that the Dodd-Frank Act contains identical whistle- Corruption and Organized Crime Section. blower provisions governing the Commodity Futures Trading Commission. See Section 748. COPYRIGHT © 2010 BY THE BUREAU OF NATIONAL AFFAIRS, INC. ISSN 1559-3185

2 nancial incentives to come forward with evidence of The Dodd-Frank Act's Language possible FCPA violations. 2 The expected results are twofold: A notable uptick in The Dodd-Frank Act creates substantial contingency- government-initiated FCPA enforcement actions and an based pecuniary incentives for those with "inside" increase in self-disclosure by corporate entities. Com- FCPA-related information to come forward and report panies will therefore need to update their anti- that information to federal authorities. That is, if an in- corruption compliance programs, making internal re- dividual discloses to the government information con- cerning some yet-to-be-discovered FCPA wrongdoing, porting mechanisms efficient and attractive to potential that person can potentially receive a percentage-based tipsters who surely will be tempted by the Dodd-Frank cash reward if and when the government collects on Act's considerable monetary incentives. that information. In this regard, the Dodd-Frank Act has turned every corporate employee, located anywhere in the world, into a potential confidential informant for Exceptional Incentives for Tipsters the FBI or the SEC. This is, stated plainly, a "dream come true" for the federal law enforcement community. The stated objective of the Dodd-Frank Act is to ad- Specifically, under the act, whistleblowers who pro- dress the root causes of the recent financial turmoil. As vide "original" violation-related information "derived anticipated, the 2,253 pages of this ambitious omnibus from [his or her] independent knowledge or analysis" act contain provisions that variously impact banks, de- are now statutorily entitled to a minimum of 10 percent, rivative instruments, and financial institutions. Al- and a maximum of 30 percent, of all monetary recover- though easily overlooked, the act also introduces excep- ies made as a result of the information (Section 922) .5 tional whistleblower bounty incentives. The tip must result in the "successful resolution" of the The Dodd-Frank Act's impact on the FCPA enforce- civil or criminal enforcement action and, for the tipster ment landscape is emblematic of the government's on- to collect, the government's total sanctions or recovery, going commitment to addressing foreign bribery through settlement or otherwise, must exceed $1 mil- lion. through the FCP A. By way of a short recap, the FCPA, enacted in 1977, is enforced dually by the Department of Justice (and its Fortified Anonymity and Whistleblower Rights chief FCPA investigative arm, the FBI) and the Securi- ties and Exchange Commission, both of which have in- Beyond the new financial incentives, which are paid tensified their ongoing efforts to identify and prosecute through the SEC's existing Investor Protection Fund, FCPA violators, either criminally or administratively. the Dodd-Frank Act also motivates potential tipsters to The FCPA (1) makes it illegal for U.S . persons, real or blow the whistle by providing an option to remain corporate, or third parties acting on their behalf, 3 for- anonymous "prior to payment of the award." The Act eign companies registered with the SEC, and foreign additionally closes a considerable Sarbanes-Oxley Act companies or persons that commit an act in furtherance and False Claims Act anti-retaliation loophole by explic- of an improper payment or offer while in the United itly covering whistleblowers employed by subsidiary States, to bribe foreign officials (that is, provide the of- companies as well as those working for the parent com- ficials with "anything of value") in order to "obtain or pany. Finally, the Act provides a private cause of action retain business," and (2) mandates recordkeeping and for damages to whistleblowers claiming retaliation and internal-control standards for publicly held corpora- allows whistleblowers denied an award to appeal the tions registered under the Securities Exchange Act of denial to federal court. 1934. The Dodd-Frank Act's whistleblower provisions, de- Ramped-Up FCPA Enforcement Efforts signed to assist increasingly vigorous FCPA enforce- ment efforts and modeled after a successful 2006 IRS The anticipated consequence of the Act's financial in- Whistleblower program, 4 must be taken seriously, as centives and enhanced whistleblower protections is to they promise to fundamentally alter a corporation's spur domestic and foreign employees, as well as other self-disclosure calculus when dealing with potential "insiders" such as past and planned recipients of al- FCPA violations . leged bribes, into coming forward with evidence of claimed violations. Tipsters have in fact proved them- 2 selves extremely effective in uncovering fraud. Senate Section 922 enumerates a narrow category of individuals who are excluded from whistleblower award eligibility. Banking Committee expert testimony, for example, in- 3 The FCPA also claims expansive territorial jurisdiction for dicates that whistleblower tips detected 54.1 percent of itself. Consider, in this context, the FCPA's " alternative" all uncovered fraud schemes in public companies; put nationality-based jurisdiction, see 15 U.S.C. §§ 78dd-l(g) and another way, to date whistleblower tips have been some 78dd-2(i); the FCPA's jurisdiction over foreign companies that 13 times more effective than the efforts of external au- are not issuers but that commit an act in furtherance of a pro- ditors (which include SEC exam teams) when it comes hibited payment within the United States, see 15 U.S.C. to fraud detection. 6 And more tipsters, whether insiders § 78dd-3(a); and the FCPA's jurisdiction over any "issuer," "domestic concern," officer, director, employee, or agent of 5 such issuer or domestic concern, or stockholder acting on be- In contrast, under the pre-Dodd-Frank Act regime, the half of such issuer or concern, who makes use of any instru- largely unused SEC whistleblower program was far more lim- mentality of interstate commerce in furtherance of any im- ited, applying only to insider trading cases and restricting proper payment or offer of payment, see 15 U.S.C. §§ 78dd- monetary reward to a maximum of 10 percent of the recovered l(a) and 78dd-2(a) . funds . 4 6 See Sen. Rep. No. 111-176. See Sen. Rep. No. 111-176. 9-10-10 COPYRIGHT © 2010 BY THE BUREAU OF NATIONAL AFFAIRS , INC. WCR ISSN 1559-3185

3 or outsiders with knowledge, are exactly what the gov- The Danger of False Reporting ernment is looking for. The SEC and DOJ have in fact clearly announced That said, the promise to potential tipsters of finan- their intent to pursue increasingly vigorous FCPA en- cial riches also carries with it the risk of generating forcement efforts. On March 18, SEC Enforcement Di- flawed, or even outright false, information to the great rector Robert Khuzami stated that "law enforcement detriment of a corporation's finances and reputation. authorities within the U.S. and across the globe are Indeed, Congress itself expressed concern about false working together to aggressively monitor violators of reporting, as the Dodd-Frank Act directs the SEC in- anti-corruption laws." Similarly, on Nov. 17, 2009, As- spector general to conduct a study examining, among sistant Attorney General Lanny Breuer of DOJ's Crimi- other things, "whether the reward levels are so high as nal Division warned that "the prospect of significant to encourage illegitimate whistleblower claims." The prison sentences for [FCPA violators] should make results of the study must be reported and made public clear to every corporate executive, every board mem- within 30 months of the Act's enactment. ber, and every sales agent that we will seek to hold you personally accountable for FCPA violations." The Dodd-Frank Act's potent evidence-gathering tools un- Harmonizing Compliance Programs deniably enhance and advance the aim of ever- With the New Realities increasing and dynamic FCPA enforcement. As a further predictor that the Dodd-Frank Act's new The SEC has 270 days from July 21 to issue regula- provisions promise to dramatically change the report- tions implementing the Dodd-Frank Act's whistle- ing and self-reporting landscape, consider that FCPA blower provisions. Corporate employees, their personal penalties and settlements alone in recent years have and professional associates, as well as actual or in- yielded billions of dollars for the U.S. government. In tended bribe recipients, who may have previously been 2009, for example, Halliburton agreed to pay $559 mil- a bit more blase about the FCPA, now have a very tan- lion to the United States to settle charges that one of its gible reason to proactively uncover, "investigate," and former units bribed Nigerian officials during the con- report an FCPA violation. struction of a gas plant, and in 2008 Siemens paid the The emergence of this fortified program, coupled United States $800 million for FCPA violations in Latin with the government's increasingly intensified efforts to America and the Middle East. 7 aggressively prosecute FCPA violators, heralds an era And it does not take much to render someone an of substantially increased FCPA prosecutions. These FCPA violator: On Aug. 6, the Mercator Corporation, a developments serve to further highlight the vital role merchant bank with offices in New York, pleaded guilty that robust and updated FCPA and anti-corruption com- to one count of making an unlawful payment to a senior pliance programs, including investigations work plans government official of the Republic of Kazakhstan in that seek to anticipate potential problem areas by being the form of two snowmobiles purchased almost 11 tailored to match individual business models, must play years earlier, in 1999. This Mercator resolution demon- for companies with operations outside the United strates that DOJ means business when it says it will States. prosecute improper payments to government officials, no matter how small the value. The FCPA's "anything Full text of the Dodd-Frank Act is at http:// of value" language apparently means "anything of pub.bna.com/cl/DoddFrankAct.pdf. value," even if the improper payment is made well out- side the window of typical statute-of-limitation calcula- vides that a company can be criminally fined up to $2 million tions. In this regard, had these violations come to light per violation of the anti-bribery provisions and culpable indi- after the enactment of the Dodd-Frank Act as a result of viduals can be subject to a criminal fine of up to $250,000 per a tipster's information, that tipster would likely now be violation as well as imprisonment for up to five years. Willful a wealthy individual. 8 violations of the books and records and internal control provi- sions, moreover, can result in a criminal fine of up to $25 mil- lion for a company and a criminal fine up to $5 million as well 7 Similarly, Statoil, Willbros Group, Halliburton/KBR, Si- as imprisonment for up to 20 years for culpable individuals. emens, and Daimler paid a collective $639 .5 million in SEC Critically, as noted in the prior footnote, the FCPA also autho- civil settlements, which represent the SEC's disgorgement of rizes the SEC to disgorge a company's profits on contracts se- the FCPA violators' profits; add to this figure the approxi- cured with improper payments; recent studies demonstrate mately $978.1 million in penalties subsequently assessed as a that the SEC is increasingly pursuing this option. The Depart- result of settlements with DOJ. Even a tipster achieving merely ment of Justice, on the other hand, has the ability to impose the Dodd-Frank Act's floor of 10 percent would have been criminal penalties that may be multiples of the gross profits. well-compensated for his or her information assisting any of Violations may result in the imposition of costly and burden- these investigations. some compliance monitoring, as well as the cancellation of 8 Although the Mercator numbers are not yet available, con- government contracts or outright debarment-a kiss of death sider the general FCPA recovery provisions: The FCPA pro- for a company with a sizeable government contracts portfolio. WHITE COLLAR CRIME REPORT ISSN 1559-3185 BNA 9-10-10

5/18/2018 28 U.S. Code§ 453 - Oaths of justices and judges I US Law I Lii /Legal Information Institute Cornell Law School Legal Information lnstitt1te [LII . . . OPEN ACCESS TO LAW SINCE I 992 _ _ '.:I U.S. Code > Title 28 > Part I > Chapter 21 > § 453 28 U.S . Code§ 453 - Oaths of justices and judges Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: "I, _ _ , do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as_ under the Constitution and laws of the United States. So help me God." (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101-650, title IV, §404 , Dec.1, 1990, 104 Stat. 5124.) Lil has no control over and does not endorse any external Internet site that contains links to or references Lil. About Lii Contact us Advertise here Help Terms of use Privacy [LII] http s ://www. law.cornel I.ed u/uscode/texU28/453 1/1

5/18/2018 18 U .S. Code§ 1514 - Civil action to restrain harassment of a victim or witness I US Law I Lii / Legal Information Institute Cornell Law School Legal Informa!~£~J~~!t!!-!~~ [LII J U.S. Code> Title 18 >Part I> Chapter 73 > § 1514 18 U.S. Code § 1514 - Civil action to restrain harassment of a victim or witness (a) (1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title. (2) (A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits. (B) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order. (C) A temporary restraining order issued under this section shall expire at such time, not to exceed 14 days from issuance, as the court directs; the court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to 14 days or for such longer period agreed to by the adverse party. (D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order. (E) If on two days notice to the attorney for the Government, excluding intermediate weekends and holidays, or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require . (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained . https://www.law.cornell.edu/uscode/text/18/1514 1/4

)18 18 U.S . Code§ 1514 - Civil action to restrain harassment of a victim or witness I US Law I Lii I Legal Information Institute (b) (1) A United States district court, upon motion of the attorney for the Government, or its own motion, shall issue a protective order prohibiting harassment of a victim or witness in a Federal criminal case or investigation if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case or investigation exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title. (2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued. (3) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses. (4) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, describe in reasonable detail the act or acts being restrained. (5) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protective order under this section, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness. (c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. (d) (1) As used in this section- (A) the term "course of conduct" means a series of acts over a period of time, however short, indicating a continuity of purpose; (B) the term "harassment" means a serious act or course of conduct directed at a specific person that- (i) causes substantial emotional distress in such person; and (ii) serves no legitimate purpose; (C) the term "immediate family member" has the meaning given that term in section 115 and includes grandchildren; rww.law.cornell.edu/uscode/text/18/1514 2/4 3/4

5/18/2018 18 U.S. Code § 1514 - Civil action to restrain harassment of a victim or witness I US Law I Lii / Legal Information Institute [LII] https ://www.law.cornell.edu/uscode/text/18/1514 4/4

5/18/2018 42 U.S. Code§ 1983 - Civil action for deprivation of rights I US Law I Lil I Legal Information Institute Cornell Law School U.S. Code > Title 42 > Chapter 21 > Subchapter I > § 1983 42 U.S. Code§ 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. § 1979; Pub. L. 96-170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104-317, title Ill, §309(c), Oct. 19, 1996, 110 Stat. 3853.) Lit has no control over and does not endorse any external Internet site that contains links to or references Lit. About Lii Contact us Advertise here Help Terms of use Privacy (LII] h ttps ://www.law.cornell .edu/uscode/text/42/ 1983 1/1

me lam arc DEPARTMENT OF TRANSPORTATION SPECL~L TAG. If ANY CADI 2003 DEV 4D TITLED1\TE EXPIRATION DATE VEHICLE !DENTIFJCATIO O. 03 / 02 /2 018 00 1 00 1000 REG WEIGHT mvwR USE COLOR TRANSFER BRZ ISSUEDTO 2018030220107129BLT 0004875RT U0167894 HENRY RONNIER JAMES 9539 MEYER LN LOT Ml SEAFORD DE 19973 1ST LIEN DATE OF RELEASE_ _ _ _ _ _ _ _ _ _ _ _ __ LIENHOLDER(S) LIENHOLDER NONE AUTHORIZED REPRESENTATIVE 2ND LIEN (IF ANY) DATEOFRELEAS~------------~ LIENHOLDER AUTHORIZED REPRESENTATIVE 3RD LIEN (IF ANY) DATEOFRELEAS"-------------~ LIENHOLDER AUTHORIZED REPRESENTATIVE I, the undersigned, hereby certify that an application for certificate of title has been made for the vehicle described hereon, pursuant to the provisions of the Motor Vehicle Laws of this State, and the applicant named on the face hereon has been duly recorded as the lawful owner of said vehicle. I further certify that the vehicle is subject to the security interests shown hereon, if any. However, the vehicle may be subject to other security interests not filed with this Department. The De- partment will not be responsible for false or fraudulent odometer statements made in the assignment of the Certificate of nue or for errors made in the recording by ~1264 STORE IN A SAFE PLACE ANY ALTERATIONS, ERASURES, OR PMVABLT MUTILATIONS VOID THIS TITLE , DO NOT DETACH UNTIL SOLD - SEE REVERSE SIDE

w ...I Total price of .. .. ' ,~ ~~ .,.. I u.. !:: 01- * Less trade-in value ... t-U.. Net cost ----:v""'E07 R- - - - : c M07 A"" : °'TL-=E',""'T°'A"'G'""'o'"'R'"'R'"'E'"'G"'1s"'T= AK " ' E o - - - - - - - - - - - - =T1' RA""T'"1o"'N""N"'o=-.-------.,,, s T°'A~ T~E-- zo DESCRI BED VEHI CLE TRAD E-I N Ww Document fee I certify to the best of my knowledge that the ODOMETER READING is the ACTUAL MILEAGE of the vehicle unless one of the following statements is checked: :Et- Zct CJ(.) ~ c;; u::: I_ OOOMf1.:ER READl~-MICES (ND · ·: ·· 1 ~r:\['~si:;:j ·,.,, ,. ·· ·-._ D 1. The mileage stated is in excess of odometer mechanical limits, and the reading started again at zero. D 2. The odometer reading is not the actual mileage. ·WARNING-ODOMETER DISCREPANCY cn- FEDERAL and State Law requires that you state the mileage in connection with transfer of ownership. Failure to complete ci:t:w ODOMETER STATEMENT OR providing a FALSE STATEMENT may result in fines and/or imprisonment (.) I/we certify, under penalty of perjury hat the statements ma e re in are true and correct to the best of my/our knowledge, Information and belief. Signature of Seller- X of Buyer-_,,X_,__ _ _ _ _ _ _ _ _ _ _ _ _ __ Signature of Seller- ~X-'--.,_,,~"'4'l~.46'.,--T'Th~~~F---:---­ of Buyer-~X~--------------- Printed Name of Seller of Buyer- _ _ _ _ _ _ _ _ _ _ __,..._~---- Total price of * Less trade-in value Net cost YEAR MAKE TITLE. TAG OR REGISTR DESCRIBED VEHICLE TRADE-IN Document fee I certify to the best of my knowledge that the ODOMETER READING is the ACTUAL MILEAGE of the vehicle unless one of the follow1 1s checked: ~ I OOOM~-~R --:: ~ ~-~ ~ -- (N~~!Hs):;,j 1 1 D 1. The mileage stated is in excess of odometer mechanical limits, and the reading started again at zero. _ · - - . 0 2. The odometer reading is not the actual mileage. -WARNING-ODOMETER DISCREPANCY I/we certify, under penalty of perjury, that the statements made herein are true and correct to the best of my/our knowledge, Information and belief. Sig nature of Seller's Agent- ~X~---------------- of B uyer/Agent X ofBuyerl_A~g~e_n_t_ _ _ _ _ _ _ _ _ __ _ _ __ Printed Name of Seller's Agent Printed Name of Dealer of Dealer/Company z w :i E OF APPLICANT) (DATE) x (SIGNATURE OF CO-APPLICANT) (DATE) STORE IN A SAFE PLACE ANY ALTERATIONS, ERASURES, OR MUTILATION VOIDS THIS TITLE

No JuR1so1cT10N = No AUTHORITY Quaclibct jurisdictio cancellos suos habct. Every jurisdiction has its bounds. Bouvier's Law Dictionary, 1856 This page should serve to illuminate some issues regarding a necessary element that is foundational to an officer's exercise of authority, JURISDICTION. Without it, an otlicer's demand or command lacks constitutional foundation, and absent constitutional foundation: Jurisdiction consists of "in personam", "subject matter" and "geographic". "Once challenged, jurisdiction cannot be 'assumed' it must be proved to exist". Stuck v Medical Eaminers, 94 Ca.2d 751, 211 P. 2s 389 "Jurisdiction once challenged cannot be assumed and must be decided". Main v. Thiboutot, I 00 S.Ct. 2502 " ... federal jurisdiction cannot be assumed, but must be clearly shown". Brooks v. Yawkey, 200 F. 2d 633 "No sanction can be imposed absent proof of jurisdiction". Stanard v. Olesen, 74 S. Ct. 768 "The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings". Hagans v. Lavine, 415 U.S. 533 "If any tribunal finds absence of proof of jurisdiction over person and subject matter, the case must be dismissed". Louisville Rail Roadv. Motley, 211U.S.149, 29 S.Ct. 42 "Jurisdiction is essential to give validity to the determination of administrative agencies and where jurisdictional requirements are not satisfied, the action of the agency is a nullity ... " City Street Improvement Co. v. Pearson, 181 C. 640, 185 P. 962, We think it is clear that... ... the officers provided for by the act herein under consideration, nor any other official acquired any jurisdiction of petitioner to consider or make any order and that the order made is null and void. This, of course, because petitioner herein was not a licensed contractor at the time of the proceeding which is a precedent necessity before any action is authorized. O'Neil v. Dept. Of Professional & Vocational Standards, 7 Ca 2d 395, 46 P. 2d 234 "Therefore, it is necessary that the record present the fact establishing the jurisdiction of the tribunal". Lowe v. Alexander, 15 C. 296, People v. Board of Delegates ofSan Francisco Fire Dept., 14 C. 479 Also see the following for citations re the person asserting jurisdiction must, when challenged, prove that jurisdiction exists: McNutt v. G.M., 56 S.Ct. 789, 80 L.Ed 1135, Griffin v. Matthews, 310 Supp. 341, 423,

Basso v. l!.P.I• ., 495 F. 2d 906, Thompson v. Gaskiel, 62 S.Ct. 673, 83 L. Ed. 111 , Albrect v. U.S., 273 U.S. " ...the states are separate sovereigns with respect to the federal government". Heath v. Alabama, 474 U.S. 187 "There is a canon of legislative construction which teaches Congress that, unless a contrary intent appears is meant to apply only within the territorial jurisdiction of the United States". U.S. v. Spelar, 338 U.S. 217 at 222 "All legislation is prima facie territorial". American Banana Co. v. U.S. Fruit, 213 U.S. 347 at 357-358 "Criminal jurisdiction of the federal courts is restricted to federal reservations over which the Federal Government has exclusive jurisdiction, as well as forts, magazines, arsenals, dockyards or other needful buildings". Title 18 USC, §451, 3rd paragraph "The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government". Caha v. U.S., 152 U.S. 211 "It is an elementary rule of pleading, that a plea to the jurisdiction is ... a tacit admission that the court has a right to judge in the case, an is a waiver to all exceptions to the jurisdiction". Girty v. Logan, 6 Bush Ky. 8 "Every person born or naturalized in the United States and subject to its jurisdiction is a citizen". Title 26, CFR §1.1-l(c) Why was the word "their" not use in place of the word "it's"? "It's" denotes the singular and not the many, as in states of the union. " ... the principle that a citizen can defy an unconstitutional act is deep in our system". [Emphasis added] Thomas v. Collins, 323 U.S. 516, 532-537. [392 U.S. 598, 614] When in a recent case (Wright v. Georgia, 373 U.S. 284, 291-292), it was said that "failure to obey the command of a police officer constitutes a traditional form of breach of the peace," we made a qualification: "Obviously, however, one cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution." {Emphasis added] Wainwright v. City of New Orleans, 392 U.S. 598 (1968) "Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law." [Emphasis added] In re Mccowan (1917), 177 C. 93, 170 P. 1100.

The right of the people to be secure in their persons, houses, and papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "The Fourth Amendment, of course, 'applies to all seizures of the person, including seizures that involve only a brief detention short of traditional arrest.' Davis v. Mississippi, 394 U.S. 721 (1969); Terry v. Ohio, 392 U.S. 1, 16-19 (1968). '[W]henever a police officer accosts an individual and restrains his freedom to walk away, he has 'seized' that person ... and the fourth Amendment requires that the seizure be reasonable'.' U.S. v. Brignoni-Ponce, 422 U.S. 873, 878 (1975)" In a unanimous decision the U.S. Supreme Court held: 'demand for identification is an intrusion on the interests prohibited by the Fourth Amendment and requires reasonable suspicion based on articulable facts relating to the person or his or her conduct, in order to be lawful. When police officers, with or without arresting an individual, detain the individual for the purpose of requiring him to identify himself, they perform a seizure of person subject to the requirements of the Fourth Amendment. ... that the defendant's conviction requiring identification upon a lawful stop was improper, the police officer's stopping the defendant and requiring him to identify himself violated defendant's Fist, Fourth and Fifth Amendments was in violation of...United States Constitution when the police officer has no reasonable suspicion to believe that the defendant was engaged or been engaged in criminal conduct. Brown v. Texas, (1979) 443 U.S. 46 [61 L.Ed.2d. 357] The LAW is CLEARLY on your side, BUT you have to exercise your power and authority as one of the sovereign people and effectively defend YOUR FREEDOM and RIGHTS. Extra territorium jus dicenti non paretur impune. One who exercises jurisdiction out of his territory is not obeyed with impunity. Bouvier's Law Dictionary, 1856 Sublato fundamento cadit opus. Remove the foundation, the structure or work fall. Bouvier's Law Dictionary, 1856 THE PEACE OFFICER CAN NOT COMPEL/FORCE YOU TO CONFESS OR BEAR WITNESS AGAINST YOURSELF: Nemo tenetur seipsum accusare. No one is bound to accuse himself. Nemo tenetur armare adversarum contra se. No one is bound to arm his adversary. Nemo tenetur jurare in suam turpitudinem. No one is bound to testify to his own baseness. Nemo tenetur seipsam infortunis et periculis exponere. No one is bound to expose himself to misfortune and dangers. Co. Litt. 253. Nemo tenetur seipsum accusare. No man is bound to accuse himself.

COLOR OF OFFICK An act unjustly done by the countenance of an office, being grounded upon corruption, to which the office is a shadow and color. Plow. 64. Da) v. National Bond & Investment Co., Mo.App. 99 S.W.2d 117, 119. A claim or assumption of right to do an act by virtue of an office, made by a person who is legally destitute of any such right. Feller v. Gates, 40 Or. 543, 67 P. 416, 56 LR.A. 630, 91 Am.St.Rep. 492; Citizen.!;]' Bank of Colquitt v American Surety Co. of New York, 174 Ga. 852, 164 S.R. 817; Pontiac Trust Co. v. Newell, 266 Mich. 490, 254 N.W. 178, 181. Black's Law Dictionary, 4th Edition, 1951 "An officer who acts in violation of the Constitution ceases to represent the govcrnmcnt".[Emphasis added] Brookfield Const. Co. v. Stewart, 284 F. Supp. 94. Extra territorium jus dicenti non paretur impune. One who exercises jurisdiction out of his territory is not obeyed with impunity. Bouvier's Law Dictionary, 1856 "... an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office ... The liabi Iity for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity ... " 70 AmJur2nd Sec. 50, Vlr Civil Liability. There are PENALTIES for one acting in such a way: Title 18 United States Code, §241, provides that... "any person who goes on the highway in disguise to prevent or hinder the free exercise and enjoyment of any right so secured by law ... shall be fined not more than $10,000.00 or imprisoned not more than ten years or both."[Emphasis added] Once the officer loses JURISDICTION, he/she becomes a private person just like you and is now suffering LEGAL JEOPARDY because he/she has stepped out from behind the badge. If the officer proceeds after losing JURISDICTION, he/she then trespasses or encroaches upon your right-;. Title 42 United States Code, §1983: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States, or other person within the jurisdiction thereof, to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at Jaw, suit in equity or other proper proceedings for redress." "To maintain an action under 42 USC 1983, it is not necessary to allege or prove that the defendants intended to deprive plaintiff of his Constitutional rights or that they acted willfully, purposefully, or in a furtherance of a conspiracy ... it is sufficient to establish that the deprivation ... was the natural consequences of defendants acting under color of law. . . ." Ethridge v. Rhodos, DC Ohio 268 F Supp 83( 1967), Whirl v. Kern CA 5 Texas 407 F 2d 781 ( 1968)[Emphasis added] Constitution for the United States of America Article IV.

Frickstad v Medcraft (1929) 100 CA 188, 279 P 840; Nakashima v Takase (1935) 8 CA2d 35, 46 P2d 1020; Haeussler v De Loretto ( 1952) 109 CA2d 363, 240 P2d 654. One may protect his property with all force reasonably necessary for that purpose. Fawkes v Reynolds (1922) 190 C 204, 211P449. Force that one may use in self-defense is that which reasonably appears necessary in view of all circumstances to prevent impending injury. McAfee v Ricker (1961) 195 CA2d 630, 15 Cal Rptr 920. "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press. "[Emphasis added] Thomas Jefferson "If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense ..." Alexander Hamilton, The Federalist Papers, No. 28 "... the principle that a citizen can defy an unconstitutional act is deep in our system". [Emphasis added] Thomas v. Collins, 323 U.S. 516, 532-537. [392 U.S. 598, 614] When in a recent case (Wright v. Georgia, 373 U.S. 284, 291-292), it was said that "failure to obey the command of a police officer constitutes a traditional form of breach of the peace," we made a qualification: "Obviously, however, one cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution."[Emphasis added] Wainwright v. City of New Orleans, 392 U.S. 598 (1968) ASKING the officer a few questions regarding the stop is perfectly legal and well within your JURISDICTION and rights and to protect and defend yourself. The Legislature has told us at Evidence Code §520 that the burden of proof is on the accuser: EVIDENCE CODE SECTION 520-523 520. The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. T his is a fact, IF you are accused of something, you are the DEFENDANT, and are NOT REQUIRED to prove your innocence, the police officer as your ACCUSER is REQUIRED, pursuant to the aforementioned Evidence Code section, to PROVE you are guilty. You are INNOCENT until PROVEN guilty in a court of law, NOT AT CURBSIDE, but IN A COURT with a judicial officer as an impartial trier of fact. You are well within your rights to ask the following questions to ascertain the NATURE OF THE STOP. These questions will provide you with NECESSARY information to determine whether the officer has JURISDICTION. The following are "YES" or "NO" questions. They are designed so that you can determine with the least amount of effort and simply to determine what is happening. A.11y

other reply is a game being played to get you to lose. Ask ONLY THOSE QUESTIONS you feel absolutely confident about and then STOP. Officer, i your recording device activated? Am I under arrest? Am I free to leave? l s this State authorized business? Are you conducting a criminal investigation? You have the right to remain SILENT AFTER you're arrested, you have the RIGHT to remain SILENT BEFORE you're arrested. The ACCUSED IS INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW. If you have determined that you are being accused of something, you are now an ACCUSED/DEFENDANT, and as your own COUNSEL, it would be in your best interest NOT TO ASSIST YOUR ACCUSER IN PROVING THEIR ACCUSATION/S BY PROVIDING POTENTIALLY INCRIMINATING EVIDENCE. Your name & address is YOUR PERSONAL & PRIVATE PROPERTY which MAY BE used to make a case against you. Once again citing the Legislature: EVIDENCE CODE SECTION 520-523 520. The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. Semper necessitas probandi incumbit qui agit. The claimant is always bound to prove: the burden of prooflies on him. Bouvier's Law Dictionary, 1856 A universal principle as old as the law, is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property. Norwood v. Kenfield, 34 C. 329; Ex parte Giabonini, 117 C. 573, [49 P. 732] Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio. Re Application of Wyatt, 114 Ca.App. 557, [300 P. 132]; Re Cavitt, 47 Cal.App.2d. 698, [118 P.2d. 846]. Where a statute requires a court/tribunal to exercise its jurisdiction in a particular manner, or subject to certain limitations, and to follow certain procedure, any act beyond those limitations is in excess of its jurisdiction. Los Angeles County v. Surety, 208 Cal.Rptr. 194.[Emphasis added] COl,OR OF OFFICE, criminal law. A wrong committed by an officer under the pretended authority of his office; in some cases the act amounts to a misdemeanor, and the party may then be indicted. In other cases, the remedy to redress the wrong is by an action. Bouvier's Law Dictionary, 1856

The previous maxims from Bouvier's Law Dictionary, 1856. Volunti non fit injuria. He who consents cannot receive an injury. 2 Bouv. Bouvier's Law Dictionary, 1856 "... So long as the people do not care to exercise their freedom, those who wish to tyrannize will do so; For tyrants are active and ardent, and will devote themselves in the name of any number of gods, religious and otherwise, to put shackles upon sleeping men." Voltarine de Cleyrc l J

5/22/2018 Will v. United States I Casebriefs - Casebriefs - https://www.casebriefs.com - Will v. United States Posted By admin On August 29, 2009 @ 6:01 pm In Appeals I No Comments View this case and other resources at: Bloomberg LAWP (1] Citation. 389 U.S. 90, 88 S. Ct. 269, 19 L. Ed. 2d 305, 1967 U.S. [ 2 ] Brief Fact Summary. Simmie Horwitz, the Defendant in a criminal tax evasion case pending before the United States District Court for the Northern District of Illinois, filed a Motion for a Bill of Particulars, which contained thirty requests for information. Request number twenty-five sought information concerning any oral statements of the Defendant relied upon by the government to support the charge in the indictment. Synopsis of Rule of Law. The peremptory writ of mandamus has traditionally been used in the federal courts only to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it has a duty to do so. It is clear that only exceptional circumstances amounting to a judicial usurpation of power will justify the invocation of this extraordinary remedy. Facts. The United States District Court Judge ordered the United States Attorney to furnish the information, but he did not comply with the order. The United States Court of Appeals for the Seventh Circuit granted the government's Writ of Mandamus directing the District Court Judge to vacate his order directing the government to comply with question number twenty-five in the Bill of Particulars. Issue. Whether it was proper for the United States Court of Appeals for the Seventh Circuit to issue a Writ of Mandamus to compel the United States District Judge, to vacate a portion of the pre-trial order? Held. Neither the record nor the order of the court of appeals justifies the invocation of the extraordinary Writ of Mandamus in this case. As a result, the Writ is vacated and the cause is remanded to the court of appeals. Discussion. The Supreme Court of the United States found that the court of appeals had issued the Writ of Mandamus without a reasoned basis for its action. Without a more complete record, and evidence of due inquiry by the court of appeals, the Court was reluctant to let the writ of mandamus stand. https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-marcus/appeals/will-v-united-states/prinV 1/2

5/22/2018 Will v. United States I Casebriefs Article printed from Casebriefs: https:/ /www.casebriefs.com URL to article: https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure- keyed-to-marcus/appeals/will-v-united-states/ URLs in this post: [1] Image: http:/ /www.bloomberglaw.com [2] 389 U.S. 90, 88 S. Ct. 269, 19 L. Ed. 2d 305, 1967 U.S.: http:/ /www.bloomberglaw.com/document/XSC71N? jcsearch=3890/o2520U.s.o/o252090#jcite https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-marcus/appeals/will-v-united-states/prinU 212

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE THE STATE OF DELAWARE Cr. A. No. K17-10-1335,1336,1337 v. l.D. No. 1708018680 RONNIER J. HENRY NOTICE OF NOLLE PROSEQUI A Nolle Prosequi is hereby entered on the charge(s) of • Driving a Vehicle Under the Influence of Alcohol • Failure to Have Required Insurance • Failure to Have Lights on When Required against the above-named defendant and the Clerk of the Court is requested to note the same on the record. REASON: Without Prejudice (#28) STATE OF DELAWARE C ~AR 'j . T.MENT OF JUS.TICE ,~;;z--- ')O .,_/ ' . f;, ~vt .4 .....CHRSTEL DUFF \) -:-C Deputy Attorney Genera( 102 W . Water Street Dover, DE 19904 Dated : May 22 , 2018 /cjm

PAGE 1of1 Service Request# 20183750713 @ttate nf illrlaurare SECRETARY OF STATE DIVISION OF CORPORATIONS P.O . BOX 898 DOVER, DELAWARE 19903 8176363 05-15-2018 RONN/ER JAMES HENRY 9539 MEYER'S LANE LOTM-1 SEAFORD, DE 19973 DESCRIPTION AMOUNT 20184504511 S/GV Signature Verify Certificate Apostille $30.00 Expedite Fee, 2 hour Apostille $500.00 Expedite Fee, 2 hour Apostille -$500.00 TOTAL CHARGES $30.00 TOTAL PAYMENTS $30.00 BALANCE $0.00

~ta:te : of :~elnfttnre DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF PUBLIC HEALTH Office of Vital Statistics CERTIFICATION OF BUnH NAME: *RONNIBR JAMES HENRY"' DATE OF BIRTH; CITY/TOWN OF SIRTH: LEWES SEX: M_ALE :·' STATE FILE :NUMBER: '. ' .. MOTHER'S MAIDEN NAME: LOUISE FRANCES LA ws· FATHER'S NAME: CLAYTON JOSHUAHENRY FU,E DATE: APR 13 1971 .. : DATE·ISSUED: APR 16 2018 s 1 ~05 This is io ~ertify that this is a true an:d correct :;.; . reproduction or abstract of the official record filed · with th~ Delaware Division of Public Health. Any alteration of 'this document is prohibited:. ;Do not :· .: : .. .. . ~M ~7· A<O accept unless on security paper with the rais!'ld seal .,.: . State Registrar of the Office of Vital Statistics. Authentication: 202693976 ucsvc Date: 05-15-18 SR# 20183750713 You may verify this certificate online at co p.

Delaware Page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THAT KARYL T. RATTAY, M.D., WHOSE GENUINE SIGNATURE APPEARS ON THE ABOVE AND FOREGOING DOCUMENT WAS AT THE TIME OF MAKING AND NOW IS THE STATE REGISTRAR OF VITAL STATISTICS FOR THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY DULY APPOINTED, COMMISSIONED, AND QUALIFIED, AND THAT FULL FAITH AND CREDIT ARE, AND OUGHT TO BE, GIVEN TO ALL OF HIS OFFICIAL ACTS AS SUCH. IN TESTIMONY WHEREOF, I HA VE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL OF OFFICE AT DOVER ON TlfE FIFTEENTH DAY OF MAY, A.D. 2018. ucsvc Authentication: 202693976 SR# 20183750713 Date: 05-15-18

2 Division of Corporations Survey 401 Federal Street, Suite 4 Dover, DE 19901 Fax: 302· 739-2565 On a scale of 1 (unacceptable) to 10 (outstanding}, please rate the following questions. 1. How would you rate the overall quality of service provided by the Division of Corporations? 1 2 3 4 5 6 7 8 9 10 NA 2. How would you rate the convenience of our services? 1 2 3 4 5 6 7 8 9 10 NA 3. How would you rate the promptness of service provided? 1 2 3 4 5 6 7 8 9 10 NA 4. How would you rate the accessibility of the Division of Corporations staff? 1 2 3 4 5 6 7 8 9 10 NA 5. How would you rate the training you received from the Division of Corporations staff? 1 2 3 4 5 6 7 8 9 10 NA 6. How would you rate the written materials received from the Division of Corporations? (Were they easy to read and helpful? i.e., guidelines, forms, DCIS Manual.) 1 2 3 4 5 6 7 8 9 10 NA 7. Were Division of Corporations staff attentive and helpful relative to your comments and concerns? 1 2 3 4 5 6 7 8 9 10 NA 8. Did Division of Corporations staff display professionalism & courtesy? 1 2 3 4 5 6 7 8 9 10 NA 9. Are Division of Corporations staff knowledgeable? 1 2 3 4 5 6 7 8 9 10 NA Please let us know about experiences and incidents with the Division of Corporations (i.e ., staff, equipment, connectivity, customer service) that impressed or disappointed you . Comments: Company name and contact information : - - - - - - - - - - - - - - - - - If you would prefer, you may take this survey online at http://www.surveymonkey.com/s/20113rdqtr

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05/08/2018 TUE 13:14 FAX ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. 0632 DESTINATION ADDRESS 13022554481 SUBADDRESS DESTINATION ID ST. TIME 05/08 13:14 TX/RX TIME 00' 24 PGS. 2 RESULT OK MAY 2·4 20'8 OFFICE OF THE CITY CLERK sJ~oF. ~e\~-~.r~ \--\ iPT \m 0y{1c} s()o'K\ s~""c.'...~

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You ARE THE FIRST LINE OF DEFENSE IN THE PROTECTION OF YOUR OWN RIGHTS Constitution for the State of California, 1849 Article I: Declaration of Rights Sec. 1. All men are by nature free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty: acquiring, possessing and protecting property: and pursuing and obtaining safety and happiness. "The law helps the vigilant, before those who sleep on their rights." California Civil Code§ 3527 Vigilantibus et non dormientibus serviunt leges. The laws serve the vigilant, not those who sleep upon their rights. 2 Bouv. Inst. n. 2327. Bouvier's Law Dictionary, 1856 This is a fact, the people are the BOSS, the following excerpts are YOUR AUTHORITY, and establishes the JURISDICTION of the sovereign people: Constitution for the State of California, 1849 Article I: Declaration of Rights Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; ... Sec. 21. This enumeration of rights shall not be construed to impair or deny others, retained by the people. GOVERNMENT CODE §100 100. (a) The sovereignty of the state resides in the people thereof, ... GOVERNMENT CODE §54950 54950 DECLARATION OF LEGISLATIVE PURPOSE. "In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the

other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created". It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.[Emphasis added] This is a fact, public servants are REQUIRED to swear an oath to protect and defend the Constitution and your constitutionally secured rights: Constitution for the State of California, 1849 Article XI: Miscellaneous Provisions Sec. 3. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the Constitution of the State of California; and that I will faithfully discharge the duties of the office of------ according to the best of my ability." This is a fact, police are officers of the EXECUTIVE branch of government, they are Executive Officers. This is a fact, police officers, as officers of the Executive branch of government, are not permitted to exercise power or authority of a Judicial officer of the Judicial branch of government, this violates the Separation of Powers doctrine, the following section from the Constitution of the State of California, and their oath: Article III: Distribution of Powers. The powers of Government of the state of California shall be divided into three separate departments: the Legislative, the Executive, and Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted. When you are stopped, whether on foot, in your car, with another, REMEMBER: BEFORE you make a decision to reveal your personal and private information about who you are to a police officer, A constitutional amendment adopted in 1974 elevated the right of privacy to an

"inalienable right" expressly protected by force of constitutional mandate (Cal. Const. art. I, 1). It may be safely assumed that the right of privacy extends to one's confidential financial affairs as well as to the details on one's personal life. Valley Bank of Nevada v. Superior Ct. (1975) 15 Cal.3d. 652, [125 Cal.Rptr. 553, 542 P .2d. 977] [Empahsis added] you are the DEFENDANT/ACCUSED, AND you are also your own COUNSEL, and are ENTITLED to KNOW certain issues regarding why you have been stopped and what you are being accused of. YOU HAVE RIGHTS: Of course, opposing counsel has the right to learn the operative facts as it relates to the issues. Mack v. Superior Ct., (1968) 259 Cal.App.2d. 7; Kenny v. Superior Ct., (1967) 255 Cal.App.2d. 106. Police/Executive officers MAY accuse, they CAN NOT exercise the authority of a Judge. When a police officer stops you and accuses you of something, they become your accuser and WITNESS for the prosecution. They are not a judicial officer and CAN NOT try, convict, and punish you without violating their oath and the law (denial of Due Process & Separation of Powers). This is a fact, you have the RIGHT to protect and defend yourself: CALIFORNIA CIVIL CODE SECTION 50 50. Right to use force Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. Enacted 1872. Amended Code Amdts 1873-74 ch 612 §12. PENAL CODE SECTION 692-694 692. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured; 2. By other parties. 693. Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person, or his family, or some member thereof. 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. 694. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. A private person may use such force as is necessary to prevent an assault upon his person or an injury to his property.

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AMERICAN INDEPENDENT INSURANCE COMPANY DECLARATIONS 1400 UNION MEETING ROAD SUITE 250 BLUE BELL, PA 19422 INSURED NAME AND ADDRESS PRODUCER RONNIER HENRY SENTINEL INSURANCE LLC (780199001) 9539 MEYER LN 20254 DUPONT BLVD SEAFORD, DE 19973 GEORGETOWN, DE 19947 PRIVATE PASSENGER AUTO POLICY PERIOD: (Eastern Standard Time) POLICY NUMBER: 8455705 November 21, 2017 12:01 A.M. to November 21, 2018 12:01 A.M. DECPAGE ID:1 DECPAGE EFFECTIVE: .. November 21 2017 12·01 AM ' VEHICLE DRIVER DISCOUNTS/ SURCHARGES Vehicle: 1 RONNIER HENRY Double Airbag Make: 2003 Cadillac Birthdate: Prior Coverage Discount (11 Model: DEVILLE Marital Status: Divorced to 30 Day Lapse) Homeowner VIN#: License: DE Performance: Sports Premium Performance Class: SM46 Use: Pleasure Use Less than 10,000 miles annually Symbol: 14 Territory: 3 COVERAGE (Premiums for 12 months) LIMIT PREMIUM PREMIUM PREMIUM PREMIUM VEH 1 VEH2 VEH3 VEH4 Premium is based on your selection of the following: Bodily Injury Liability 15,000 Qer Qerson $ 459.00 30,000 Qer occurrence Property Damage Liability ~10,000 Qer occurrence $ 366.00 Personal Injury Protection 15,000 Qer Qerson $ 281.00 30,000 Qer occurrence Named Insured Only ~ 2,000 PIP deductible Total Premium for each vehicle: $ 1,106.00 Total Policy Premium $ 1, 106.00 Policy Fee $30.00 Only the insurance coverages indicated by a specific limit of liability and/or a premium amount are provided. The maximum amount of discounts for American Independent Insurance Company is 35% EXCLUDING discounts that the Delaware Insurance Department mandates. ACCIDENTS/VIOLATION POINTS Surcharge Name Date Description Points RONNIER HENRY 04/0712017 Not At Fault Accident 0 , .. r::n ,..,_,_. ll:1i! A1A nn FORMS AND ENDORSEMENTS 001-DE (3/99) - Policy Jacket A-100.1 (2/16) - Adverse Underwriting Decision Notice

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~ Right to social security ~ Right to work ~ Right to equal pay for equal work ~ Right to rest and leisure ~ Right to a standard of living adequate for health and \Vell-bei11g ~ Right to education ~ Right to participate in the cultural life of the community

1450 S. DuPont Hwy RO: 213800-0PEN Dover, DE 19901 Cashier: Date Returned: 07/27/2017 Phone: (302) 67 4-0100 Fax: (302) 674-8131 Time-In: 10:19 Out: 10:37 Toll Free: (800) 323-0828 Miles-In: 123030 Out: 123030 Customer: 36729 VIN: 2003 CADI DEVILLE RONNIER HENRY 9539 MYERS LANE, LOT M-1 SEAFORD 19973 Home: 3 Work: N/A Advisor: 000050-DAVID P RAZZANO Hat: Date In: 07/27/2017 OP Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price [ WARRANTY A SFW 000019W #14299D: PRODUCT SAFETY - UNINTENDED IGNITION KEY ROTATION PERFORMED RECALL Parts: 4 23279477 COVER 2.187 4 23232599 RING 2.187 Customer Total Due: 0.00 I hereby authorize the repair work herein set forth to be done DISCLAIMER OF WARRANTIES: All warranties on this product are the along with the necessary material and agree that you are not manufacturer's. CHEVROI,ET OF DOVER hereby expressly disclaims all responsible for loss or damage to vehicle or articles left in warranties, either expressed or implied, including any implied vehicJ.e i~ case of fire, theft, or ctny other cause beyond your warranty of merchantabil.ity or fitness for a particular purpose and control or for any delays caused by the unavailability of parts or CHEVROLET OF DOVER neither assumes nor authorizes any other person to de.lays in parts shipments by the supp Li er er transporter. T hereby assume for it any liability in connection with the sale of the product. grant you and/or your employees permission to operate the vehicle This disclaimer by CHEVROLET OF DOVER in no way affects the terms of herein described on streets, hj.ghways, or elsewhere for the the manufacturer's ·warranty. purpose of testing and/or i11spection. fu1 exp~ess mechanic's lien is hereby acknowledged on the vehj.cle t.o secure the amount of repairs thereto, \'All parts installed are neiv/salvaged or reconditioned pa.rts. Ii ALL REPAIRS SUBJECT TO A MINIMUM OF .5 HOUR DIAGNOSTIC TIME. 'I'ERMS: STRICTI>Y CASH unless arrangements made. Thank you for allowing us to serve you! Signature: Printed: 07/27/2017 10:37:32 AM Page 1 of 1

t\ I:l:t IV l D ;UW , FI LED Application for Access to Court Records ·20l 8MAY 22 PM I: 11 Notice to Applicant r' un l Cl :_1 ~n Y Th .1s app 1·1cat1on P Fli~ltl hTeH ONO . w1·11 b e processe d an d eva 1uate d ·in accor d ance wit J.LlPo Courts f~ IYicy f or Pu b1·1c Access to Judicial Records of the State of Delaware. The applicant agrees to indemnify and hold harmless the court and its officers and employees from any claim for damages that may arise from the applicant's use or distribution of the information provided pursuant to this application . The applicant shall be responsible for the costs incurred in responding to this request. Applicant Data {Please Print) Describe Information Requested: ~ For Civil Case Information, please provide litigants' names and the approximate date of the case, if possible. ~ For Criminal Case Information, please provide as much of the following as possible: Defendant's full name, date of birth, charge(s), case number(s), approximate date of arrest. {)r-\. --::-,,,. I/Attach Additional P~as _Required) Ir' 1 VN'l'-€"\){O~l0 '-<.) ~ Check One: Disposition Certified Copy Other ---- - --- Date S-J'6-fY

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MAY 2· 4 ?.018 \ UCC FINANCING STATEMENT OFFICE OF THE CITY CLERK FOLLOW INSTRUCTIONS THE ABOVE SPACE 18 FOR FILING OFFICE USE ONLY 1. DEBTOR'S NAME: Provide only llllA Debtor name (1a or 1b) (uae exact, fUll name; do not omit, modify, or abbralltal8 any part of th• Deblor'• name); If any part oftNI lndlvldual Deblol'a name w1a not ftl In line 1b, leave all or Item 1 blank, check here D and provide the lndlvldual Debtor Information In llllm 10 of the Financing Statamen1 Addendum (Form UCC1Ad) SUFFlX 1c. 2. DEBTOR'S NAME: Provide only 11!11. Debtor name (:Z. or 2b) (use exact. Ml name; do not omit, modify, or abbreviate any part of Iha Deblor'a name); If any part of the lndMdual Debtor's n1n19 w!R not ftt In line 2b, laave all of Item 2 blank, c:heck here D and provide the Individual Debtor lnfonnatlon In Item 10 of the Financing statement Addendum (Form UCC1Ad) SUFFIX COUNTRY OR 3b. INDMDUAL'S SURNAME FIRST PERSONAL NAME ADDmONAL NAME(S)llNITIAL(S) SUFFIX 3c. MAILING ADDRESS ClTY STATE POSTAL CODE COUNTRY 4. COLLATERAL: Thia ftnanclng statement covera the follOwlng collateral: 5. Check ll!llx If eppllcabla end check ll!llx one box: Collateral I• held In a TRiit (... UCC1Ad, llllm 17 and lnatrucllona) being admlnlalared by a Decedenfa Personal Repraanl8tlve 68. Check ll!llx If applicable and check ll!llx one box: 6b. Cllacl< ll!llx If appllcabla and check m ona box: Publlo-Flnance Transaction Manufactured-Homa Tranaactlon A DoblOr Is a TranamlWng UUllty Agrlcullural Uen 0 Non-UCC Flllng 7. ALTERNATIVE DESIGNATION (11 appRcable): D L.....,,_eaor D Conalgnae/Conalgnor D Seller/Buyer 0 Bailee/Bailor O UcenneJUcenaor 8. OPTIONAL FILER REFERENCE DATA: lntematlonal Association of Commercial Administrators <IACA) FILING OFFICE COPY- UCC FINANCING STATEMENT (Fonn UCC1) (Rev. 04/20/11)

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DOVER, DE CODE OF ORDINANCES CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS ARTICLE I. ‐ IN GENERAL Sec. 22‐1. ‐ Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals . Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing . Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016) Sec. 22‐2. ‐ Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22‐3—22‐30. ‐ Reserved. Page 1

DOVER, DE CODE OF ORDINANCES CHAPTER 106 – TRAFFIC AND VEHICLES ARTICLE III. – STOPPPING, STANDING AND PARKING DIVISION 1. - GENERALLY Sec. 106-130. - Wrecked, nonoperating, or improperly parked or equipped vehicles. (a) Prohibited. It shall be unlawful for any person to park any vehicle or permit any vehicle to remain parked on the streets of the city when that vehicle is wrecked, nonoperating or improperly equipped to such an extent that it would be unlawful to drive the vehicle upon the streets of the city in its condition. (b) Leaving vehicles on property. It shall be unlawful for any person in charge or in control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, to allow any vehicle partially dismantled, stripped, nonoperating or in such disrepair as to render it unable to operate legally on a public street, or a wrecked, junked or discarded vehicle to remain on the property longer than five days or, in the case of operating unregistered or uninspected vehicles, to remain on the property for more than 90 days. No person shall leave such vehicle on any property within the city for a time longer than five days or 90 days in the case of operating unregistered or uninspected vehicles. This subsection shall not apply with regard to a vehicle in an enclosed building or enclosed area designed and approved for such purposes, a vehicle on the premises of a business enterprise or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. Unregistered or uninspected vehicles whose owners have properly parked and locked them and have notified the department of planning and inspections may be granted extensions of the 90-day limit on the keeping of unregistered or uninspected vehicles by the department of planning and inspections for reasons including but not limited to out-of-state military service, illness, extended travel or other reasons acceptable to the department of planning and inspections. (c) Parking in grass. Vehicles shall not be permitted to be parked in front, side, or rear yards required by appendix B pertaining to zoning, except in approved driveways, garages, carports, or parking pads. (Code 1968, § 31-81; Code 1981, § 13-37; Ord. of 11-12-1996) State Law reference— Driving of hazardous vehicles prohibited, 21 Del. C. § 4335.

DOVER, DE CODE OF ORDINANCES CHAPTER 106 – TRAFFIC AND VEHICLES ARTICLE III. – STOPPPING, STANDING AND PARKING DIVISION 3. - REMOVAL AND DISPOSITION OF ILLEGALLY PARKED OR ABANDONED VEHICLES Sec. 106-181. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enforcement officer means the health inspector or any member of the police department. (Code 1981, § 13-56) Sec. 106-182. - Removal authorized. The enforcement officer is hereby authorized to remove from public or private property any illegally parked or abandoned vehicle, or to cause the same to be done. (Code 1968, § 31-85(a); Code 1981, § 13-57) Sec. 106-183. - Storage. Any vehicle removed pursuant to this division shall be taken to a storage area selected by the enforcement officer and shall there be impounded until the time when a release is obtained from the enforcement officer or the unclaimed vehicle is sold as authorized in this division. (Code 1968, § 31-85; Code 1981, § 13-58) Sec. 106-184. - Notice of impoundment. (a) Notice. When a vehicle has been impounded pursuant to this division, the enforcement officer, using reasonable diligence, immediately shall notify the registered owner of the vehicle that his vehicle has been impounded. The notice shall be in writing and shall state the violation for which the vehicle was impounded and the place to which the vehicle has been removed. (b) Owner's identity. If the identity of the registered owner of a vehicle impounded pursuant to this division cannot be ascertained, the enforcement officer shall inquire of the state division of motor vehicles as to the identity of the registered owner. If such inquiry reveals the name of such owner, the enforcement officer shall give such person the required notice of impoundment. If such inquiry does not reveal the name of such owner, then no such notice is necessary. (Code 1968, § 31-87; Code 1981, § 13-59) Sec. 106-185. - Redemption of impounded vehicles. In order to obtain the release of any vehicle impounded pursuant to this division, the registered owner of that vehicle shall pay all charges which have accrued as a result of the impoundment, in addition to any penalty assessed for violation of any of the provisions of this chapter.

(Code 1968, § 31-86; Code 1981, § 13-60) Sec. 106-186. - Sale of unredeemed vehicles. (a) Failure to claim. If the registered owner or any other person legally entitled to any vehicle impounded pursuant to this division fails to claim the vehicle or pay any charges or penalties which have accrued against the vehicle within 30 days from the date the vehicle was impounded or 14 days from the date notice was sent, whichever is longer, the city shall have the right to sell the vehicle. (b) Proceeds from sale. The proceeds from the sale of an impounded vehicle shall be used to defray the costs of the vehicle's impoundment and sale, and any monies left over shall be used to satisfy the lien outstanding against the vehicle. If any monies remain after the defrayment of the cost of impoundment and sale, and the satisfaction of liens, such monies shall be paid to the person entitled thereto. (Code 1968, §§ 31-88, 31-89; Code 1981, § 13-61) Secs. 106-187—106-210. - Reserved.