Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA JUNE 11, 2012 - 5:30 P.M. CITY HALL COUNCIL CHAMBERS 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. AGENDA ADDITIONS/DELETIONS 1. Proposed 15% Healthcare Premium Cost Sharing Arrangement - Non-Bargaining Only (Referred Back to Staff by City Council on May 29, 2012 for Further Evaluation) 2. Review and Recommendation - Filling Critical Positions - Library Clerk II - Dover Public Library 3. Proposed Ordinances A. Ordinance #2012-10 - Amending Chapter 1 - General Provisions, Section 1-13 - Denial of Permits or Approvals for Failure to Comply with Requirements for Payment, Actions, or Filings (Clean Hands) With CA-#1 through #4 (Referred to Committee by City Council on May 14, 2012; Deferred by Council Committee of the Whole on May 29, 2012) B. Ordinance #2012-17 - Amending Chapter 26 - Businesses, Article I - In General, Section 26-1 - Sale of Dangerous Substances 4. Reduced Rates for All-Electric Homes in December, January, and February (Requested by Ted George During Open Forum at Council) 5. Elimination of Pay For Performance (Anderson/Hutchison) 6. Adjournment by 7:00 P.M. /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2012\06-11-2012 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

Hiring Justification Outline: Library Clerk II 1. Explain the principal function of this job. The principal function of this job is to provide customer service to library visitors; to perform tasks that ensure library customers have access to library materials; and assisting librarians in the planning and implementation of enrichment/learning programs for children and teens. For example: assisting customers with locating materials that support homework, formal educational programs and recreational reading; and creating programs such as storytimes for children and book discussions for teens. 2. Explain why this position is critical and cannot go unfilled or postponed. This position has been vacant since the retirement of the incumbent more than a year ago. Since that time, the children’s services desk has been unstaffed 20 hours each week. When possible, staff from the Technical Services Dept have been assigned to work this desk. Existing children’s services staff have reduced the amount of enrichment programming for children because their hours have been stretched thinner attempting to cover the hours left vacant on this public services desk. 3. How would City services diminish if this position were not filled or postponed at this time? Library services to children and teens will remain at a reduced level. The public services desk will remain unstaffed and there will be no assistance for customers seeking help. When the TS staff is working on the Children’s desk, the work of processing incoming new materials cannot be done. The Library will not be able to fulfill its mission. 4. Are there other employees whose ability to perform would be diminished by not filling or postponing this position? Existing children’s, teen and TS services staff cannot continue to attempt to complete their own work assignments and fill in for other staff at the same time. Customer services desks must be staffed. 5. Is there a person that can be promoted into this position and whose position is less critical at this time and can go unfilled permanently or temporarily? No. 6. Can one or more existing employees absorb the duties of this position? No 7. Could a temporary person be hired to fill this position for 60 days? 60 days is needed for training on specialized software, library policies and customer service expectations. 8. Grade/Salary Information Grade 13, Step A / $13.18 per hour / $27,435 annual salary / full-time position Rev. 3/01/10

A B C D E F G H I J K L M N 1 City of Dover 2 Wage and Benefit Information for Employee Hiring and Transfers 3 4 Department/Division Originating Request Parks, Recreation & Library 5 Date 22-May-12 (Form has been developed to handle multiple departments/multiple funds to cover allocated departments and funding sources) 6 # Mos. To Date Lump Sum Paid To Current Separation Wages Benefits Annual Wages & % Year Benefits To Date Benefits Wages & Date Current Fiscal 7 Current Positions Grade/Step Date * Budgeted Budgeted Benefits Wages Paid Paid Wages Paid Paid Benefits Paid (I, J, K) Year Balance Remarks 8 Position(s) 9 10 11 12 13 14 Totals $0.00 - $0.00 15 % Year # Mos. Estimated Replacement/ Proposed Projected Estimated Estimated Estimated Total Wages Benefits Amount 16 Transfer Position Grade/Step Hire Date Wages Benefits Compensation Needed Needed Wages Benefits Needed Remarks 17 Position(s) 18 Library Clerk II 13/A 8/1/12 27,435.00 12,810.00 40,245.00 100.0% 11 27,435.00 11,742.50 39,177.50 19 20 21 22 23 Totals $40,245.00 $39,177.50 24 25 Balance ($40,245.00) ($39,177.50) 26 Increase/ Description of funding 27 Department Summary (Decrease) Funding Source: (See below Fund Budget) source General Ledger Account 28 Library $39,177.50 General Fund $39,177.50 N/A N/A 29 Water/Wastewater Fund 0.00 N/A N/A 30 Electric Fund 0.00 Describe Account 31 Total $39,177.50 Grant Fund 0.00 N/A N/A 32 Total $39,177.50 33 34 Department/Division Department/Division Department/Division 35 Fund Budget - Increase/(Decrease) P,R & L Increase/ Increase/ Allocation Increase/ Increase/ 36 Fund (Decrease) Allocation % (Decrease) % (Decrease) Allocation % (Decrease) 37 General Fund $39,177.50 100.0% $39,177.50 - - Allocated Department 38 Water/Wastewater Fund 0.00 0.0% $0.00 - - percentages can be found 39 Electric Fund 0.00 0.0% $0.00 - - in Budget Document, 40 Grant Fund 0.00 0.0% $0.00 - - obtained from Finance or 41 Total $39,177.50 Total $39,177.50 Total $0.00 Total $0.00 the City Manager's Office 42

1 CITY OF DOVER 2 COUNCIL AMENDMENT #1 3 TO ORDINANCE #2012-10 4 5 6 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 7 COUNCIL MET: 8 9 That Ordinance 2012-10 be amended by striking all references to 45 days and replacing them with 10 180 days: 11 12 ADOPTED: * 13 14 15 SYNOPSIS 16 The proposed language would change the application of the Ordinance to apply to outstanding Code 17 violations unresolved for 6 months instead of 45 days. 18 19 20 Councilman Anderson’s (author) Narrative: 21 I believe it is important to keep an important balance in the system. I supported a stronger and more 22 consistent application of the Clean Hands Ordinance, but I want it to be the next to last tool in the 23 box not the first. The law is intended to shake up those who have chronic delinquencies not cause 24 widespread disruption. 25 26 45 days does not allow time for payment arrangements to work out. 45 days does not allow time 27 to trace money paid in an escrow account that is not released or misapplied. 45 days does not allow 28 time for someone hospitalized with a serious illness to get back on their feet or get disability. 45 29 days does not allow the average working person in most of this city to gather together money for 30 a surprise sidewalk or sewer assessment which may run into thousands of dollars. 31 32 If we were all successful business people or highly paid public sector workers making 90, 100 33 thousand or more, a $2000 assessment would be a manageable hassle. For many of the people that 34 I represent, a sudden $100 car repair is a real problem. A 2k to 4k sewer assessment payable in just 35 a couple of months would be a crisis. That would be just unattainable unless they get a title loan or 36 wait until their tax refund. They are not scofflaws. They are hardworking people who need the 37 cooperation of government not to be ground under its boot. 38 39 I believe the time should be one 1 year before the ban kicks in, but I am willing to meet more than 40 half way. 6 months would be adequate in most instances to achieve the balance we seek. I humbly 41 and respectfully request your support ladies and gentlemen of Council for amendment 1.

1 CITY OF DOVER 2 COUNCIL AMENDMENT #2 3 TO ORDINANCE #2012-10 4 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 5 That Ordinance 2012-10 be amended by striking lines 23-31 in their entirety and inserting in lieu thereof the 6 following: 7 Eligibility to receive city utilities or services. No person, artificial entity, or owner of a one-half or greater 8 interest in that artificial entity shall be eligible to receive any city services, utilities, permits, licenses, or 9 approvals if that person, artificial entity, or owner of a one-half or greater interest in that artificial entity 10 owes outstanding payments to the city; or if that person, artificial entity, or the owner of a one-half or 11 greater interest in that artificial entity is responsible for documented violations of the Dover Code of 12 Ordinances that have remained unresolved for more than 45 days. If the party, artificial entity, or owner 13 of a one-half or greater interest in that artificial entity requesting city approval is current on some but 14 not all obligations owed to the city, the request shall be denied until such time as the person, artificial 15 entity, or owner of a one-half or greater interest in that artificial entity is current and in compliance with 16 all city obligations. 17 BE IT FURTHER ORDAINED: 18 That Ordinance 2012-10 be amended by removing the words “corporation of which they are principal” on line 19 53 and replacing them with “artificial entity of which they own one-half or more interest.” 20 ADOPTED: * 21 SYNOPSIS 22 The proposed language would ensure that the inclusion of owners and/or members of corporations would 23 apply to owners of a one-half or greater interest in the said corporation. It would ensure that members 24 of non-profit boards and other minority owners in corporations would not be denied services or permits 25 due to the delinquencies of that corporation. 26 Councilman Anderson’s (author) Narrative: 27 Amendment 2 is important for several reasons. The synopsis says its intention well. The proposal as written 28 would make anyone who serves on a non-profit board or is an officer or minority stockholder of a corporation 29 liable for its debt to the city even though that person has no legal authority to compel the payment or may not 30 have even known about the delinquency. It violates the sacred nature of a corporation or LLC that separates 31 personal affairs and liabilities for the entities affairs and liabilities. Even worse by my reading of the original, 32 an individual's liability could affect the non-profit or corporation when the rest of the members have no 33 responsibility or even knowledge of the issue. It is exactly the wrong way to go. This amendment addresses 34 these issues. 35 I will give two real world examples. One was the Schwartz Center. It fell behind on its electric bills to the tone 36 16K 6 years ago. Imagine how hard it would be to hire a new executive director or get capable people to stay 37 on the board if their personal permits or business services would be in jeopardy. In that case the city forgave 38 the bill and new leadership turned it around. Another was the Academy of Dover. The former management firm 39 left it in tough straits. The state audit was deplorable. The state was slow on its payments and the electric was 40 unpaid for a two or three months. When the new board took over 5 years ago, we discovered the problem and 41 took care of it. The school is now a superior school with great financials. If the new leadership had to look 42 over its shoulder and wonder if their businesses or homes would be affected, the school would not exist and 43 hundreds of children would not have benefitted from a superior education and a couple of dozen well paying 44 jobs would be gone. 45 Please support Amendment 2. It is vital for the social and economic well being of the city. Thank you.

1 CITY OF DOVER 2 COUNCIL AMENDMENT #3 3 TO ORDINANCE #2012-10 4 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 5 That Ordinance 2012-10 be amended by striking lines 51-57 in their entirety and replacing them with the 6 following: 7 Appointment to committee, commission, or board. Prior to any person being appointed to a city 8 committee, commission, or board, the city clerk will determine if there are outstanding payments due 9 to the city in their name or the name of any artificial entity in which they own one-half or more 10 interest; or if they are responsible for outstanding, documented violations of the Dover Code of 11 Ordinances that have been unresolved for more than 45 days. If it is determined that such 12 delinquency or violation exists, this shall be reported to the council president and an executive session 13 shall be scheduled to discuss the nature of the delinquency prior to appointment. If an appointed 14 member of a city committee, commission, or board is determined to have such a delinquency or 15 outstanding violation during their appointment, the city clerk shall report such delinquency or 16 violation to the council president and an executive session shall be scheduled to discuss the violation 17 or delinquency. City council may reject an appointment or remove an appointee from a city 18 committee, commission, or board due to such delinquency or violation. 19 ADOPTED: * 20 SYNOPSIS 21 The proposed language would allow for persons to serve on city committees, commissions, 22 or boards, even if they are responsible for delinquencies or code violations; however, it 23 requires that the city clerk inform the city council president of such delinquencies or 24 violations and that an executive session of council be held to discuss such delinquencies or 25 violations. 26 Councilman Anderson’s (author) Narrative: 27 I call this the let's not be hypocrites amendment. I believe there is a minor problem with a couple of 28 committee members who are sitting on committees and judging others who themselves are chronic offenders 29 of delinquent tax liabilities. Council should have the right to discuss the situation with them and evaluate 30 whether it or not it affects their performance in private as we would an employee. Currently, we are not 31 even informed. Amendment 3 addresses this problem without giving away the prerogatives of Council or 32 the Mayor to find qualified people for slots they cannot fill. The change as originally proposed gives an 33 inflexible sledgehammer which could deprive us of volunteers who we sincerely need. 34 If a person gets an assessment for a sidewalk, and does not happen to have $1500 sitting around just waiting 35 to give to the city, does that mean they should be kicked off of a city committee like some kind of felon? 36 I say no. Would a city employee in that situation be fired? Would a Council person be impeached and 37 removed? Would the Mayor be tossed out of office? No, so why should we single out committee persons? 38 I do not like laws which apply to some people and not others. I believe we should have more information 39 when we bring people on and if a problem arises, we should have the tools to open a dialog and reassess our 40 relationship if necessary. We do not need to make a blind, inflexible standard where we humiliate people 41 who volunteered to help us. 42 Please support amendment 3.

1 CITY OF DOVER 2 COUNCIL AMENDMENT #4 3 TO ORDINANCE #2012-10 4 5 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 6 7 That Ordinance 2012-10 be amended by striking lines 76-82 in their entirety and replacing them with the 8 following: 9 10 (f) Appeal of denial of utilities, services or approvals. 11 12 (1) Appeal to city manager. Any applicant, person, corporation, or other entity or any 13 owner or member of that corporation or other entity requesting such city services, utilities, 14 permits, licenses, or approvals who receives the aforesaid written denial may appeal that 15 denial to the city manager within 20 calendar days of such denial. The city manager, or his/her 16 designee, shall thereafter hold a hearing at which said applicant shall be permitted to give 17 evidence that such payment has been made or that a required action has been carried out, or 18 otherwise show that such denial is based on incorrect information or is not lawful as to that 19 applicant. 20 21 (2) Appeal to city council. An applicant aggrieved by the decision of the city manager 22 regarding his/her appeal may appeal such decision to city council within 20 calendar days of 23 such decision. City council shall schedule a hearing at which said applicant shall be permitted 24 to give evidence that such payment has been made or that a required action has been carried 25 out, or otherwise show that such denial is based on incorrect information or is not lawful as 26 to that applicant. 27 28 ADOPTED: * 29 30 SYNOPSIS 31 The proposed language would add an appeal to city council for applicants aggrieved by the 32 decision of the city manager. 33 34 Councilman Anderson’s (author) Narrative: 35 I wanted more flexibility for the staff to address issues and supported an appeal to the city manager. I 36 believe this will relieve council of the burden of taking every case deemed unfair by a constituent. Many 37 incidents can be resolved at the staff level. I think my desire was misinterpreted to want to exclude council 38 from the process. I absolutely oppose that. I apologize to our City Planner who has done a marvelous job 39 for my previous lapse in communication. We have settled on this amendment drafted by Mr. Pepper. I 40 think it is sound and recognizes that the People have a right to appeal to their City Council as the court of 41 last resort when they feel they are being wronged. No elected body should shirk its responsibilities to the 42 public or give away its prerogatives to those who do not have that awesome responsibility of being selected 43 by the people to do their business. 44 45 I zealously guard the prerogatives of City Council because I honestly believe that a representative republic 46 cannot be run solely by a bureaucracy. We were elected to be that policy branch and to exercise oversight 47 not just generally, but in individual cases where we believe the law is wrongfully applied through the 48 appeals process. Amendment 4 is the most important of the 4 that I am presenting tonight. It goes to our 49 form of government. I respectfully request the support of each of my fellow councilpersons.

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2012-10 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 1 - General Provisions, Section 1-13 - Denial of permits or approvals for failure to comply with 4 requirements for payment, actions, or filings be amended by inserting the text indicated in bold, blue, 5 underlined font and deleting the text indicated in bold, red, strikeout as follows: 6 Sec. 1-13. - Denial of permits or approvals for failure to comply with requirements for payment, 7 actions, or filings. Clean hands. 8 (a) Noncomplying actions or filings. Prior to any administrative agency or official of the city 9 charged with evaluation and approval of any permit required so that a legal or equitable 10 owner of real property located in the city may utilize city services or otherwise involve the city 11 officers, agents, or employees to permit any use of such real property, approving or issuing any 12 permit or other indication of approval, that administrative agency or official shall make 13 reasonable effort to determine that no payments, actions, or filings related to obligations due 14 to or requirements by the city for the use of that parcel or any other parcel of real property 15 remain incomplete or in violation of the city requirements. If any such noncomplying or 16 incomplete payments, actions, or filings are determined to exist, then the administrative agency 17 or official shall, in writing, deny the permit or other form of approval until such existing 18 requirement for payment, action, or filing has been fully complied with or completed as to that 19 parcel, identifying in that written denial the payment, action, or filing to be completed or 20 complied with. Failure by the appropriate administrative agency or official to issue such 21 written denial within five working days from receipt of application shall enable the applicant 22 to have the application reviewed without consideration of the requirements of this section. 23 Eligibility to receive city utilities or services. No person, corporation, or other entity shall be 24 eligible to receive any city services, utilities, permits, licenses, or approvals if that person, 25 corporation, or other entity, or any owner or member of that corporation or other entity, owes 26 outstanding payments to the city; or if that person, corporation, or other entity, or any owner 27 or member of that corporation or entity, is responsible for uncorrected, documented violations 28 of the Dover Code of Ordinances that have been unresolved for more than 45 days. If the 29 party requesting city approval is current on some but not all obligations owed to the city, the 30 request shall be denied until such time as all city obligations are current and fully complied 31 with. 32 (b) Obligations which must be current. Applicants for city services, utilities, permits, licenses, or 33 approvals shall be current on all of the following obligations to the city, including interest, 34 penalties, court costs, and/or attorney’s fees if applicable, prior to receiving such approvals: 35 (1) Property taxes. 36 (2) Applicable Delaware realty transfer taxes. 37 (3) Water, sewer, and electric connection/disconnection, front footage and/or usage charges. 38 (4) Trash fees. 39 (5) Application fees. 40 (6) Permit fees, including building permits, building code and inspection/reinspection fees. 41 (7) Vacant building fees.

Proposed Ordinance #2012-10 - Chapter 1 - General Provisions, Section 1-13 - Denial of Page 2 Permits or Approvals for Failure to Comply with Requirements for Payment, Actions, or Filings 42 (8) Inspection fees. 43 (9) Charges for the costs of razing or demolition of buildings done through public 44 expenditure. 45 (10) Charges for duly authorized improvements or maintenance to the exteriors of buildings 46 or property done through public expenditure. 47 (11) Assessments for the installation of sewer lines, water mains, sidewalks, and curbing. 48 (12) Charges for the costs of removing weeds, grasses, refuse, rubbish, trash, or other waste 49 material done through public expenditure. 50 (13) Miscellaneous charges. 51 (c) Appointment to committee, commission, or board. No person shall be appointed to any city 52 committee, commission, or board if there are outstanding payments due to the city in their 53 name or the name of any corporation of which they are principal; or if they are responsible 54 for outstanding documented violations of the Dover Code of Ordinances that have been 55 unresolved for more than 45 days. Any sitting committee, commission, or board member not 56 in compliance with this ordinance shall be current and fully compliant with all city obligations 57 within 30 days or shall be required to relinquish their appointment. 58 (d) Responsibility of city personnel. 59 (1) The administrative agency to which a request has been submitted shall have the 60 responsibility to make a reasonable effort to determine whether there are outstanding 61 payments or outstanding documented violations of the Dover Code of Ordinances. 62 (2) The appropriate administrative agency shall notify an applicant that the request cannot 63 be processed because of an outstanding payment or an outstanding documented violation. 64 Said notice shall be in writing and shall be sent within ten working days of receipt of the 65 request. 66 (e) Exception. Notwithstanding the provisions of this section, the building inspector, with the 67 concurrence of the city manager, may issue permits and approvals for work that is necessary 68 to correct violations associated with Chapter 22 - Buildings and Building Regulations, 69 Article XI - Dangerous Buildings. 70 (b) Appeal; hearing. Any applicant for a permit or other form of approval who receives the 71 aforesaid written denial of a permit or other form of approval by an administrative agency or 72 official of the city may appeal that denial to the city council within 20 calendar days of such 73 denial. The city council or its designee shall thereafter hold a hearing wherein said applicant 74 shall be permitted to give evidence that such payment, action or filing has been properly 75 carried out, or otherwise show that such denial is not lawful as to that applicant. 76 (f) Appeal; hearing. Any applicant, person, corporation, or other entity or any owner or member 77 of that corporation or other entity requesting such city services, utilities, permits, licenses, or 78 approvals who receives the aforesaid written denial may appeal that denial to the city manager 79 within 20 calendar days of such denial. The city manager, or his/her designee, shall thereafter 80 hold a hearing at which said applicant shall be permitted to give evidence that such payment 81 has been made or that a required action has been properly carried out, or otherwise show that 82 such denial is based on incorrect information or is not lawful as to that applicant. 83 ADOPTED: *

Proposed Ordinance #2012-10 - Chapter 1 - General Provisions, Section 1-13 - Denial of Page 3 Permits or Approvals for Failure to Comply with Requirements for Payment, Actions, or Filings 84 SYNOPSIS 85 The proposed ordinance clarifies the denial of services, permits, and approvals for 86 non-payment of charges due to the City or for documented and uncorrected code violations. 87 It specifies the financial obligations that must be current to receive services, permits, or 88 approvals. It authorizes the building inspector, with the concurrence of the city manager, to 89 issue permits to remedy violations associated with dangerous buildings. The proposal 90 prohibits the appointment of any person to a city committee, commission or board if that 91 person has outstanding charges due to the city or outstanding, documented, code violations. 92 The proposed ordinance would direct appeals of the denial of services, permits, or approvals 93 to the city manager, rather than City Council, as is the case under the current ordinance. 94 (SPONSORS: STAFF) 95 Actions History 96 May 14, 2012 - Scheduled for Final Reading by City Council 97 April 23, 2012 - First Reading by City Council 98 April 9, 2012 - Considered by the Legislative, Finance, and Administration Committee 99 S:\ORDINANCES\2012\Draft\2012-10 - Chpt 1 - General Provisions, Sec 1-13 - Denial of Permits (Clean Hands) Final Rdg.wpd

ACTION FORM PROCEEDING: Legislative, Finance, and Adminstration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: June 4, 2012 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development, on behalf of Councilman Lynn SUBJECT: Revision to Dover Code, Chapter 26 – Businesses, Article I – In General, Section 26-1 – Sale of Dangerous Substances REFERENCE: Dover Code, Chapter 26 – Businesses RELATED PROJECT: N/A APPROVALS: Proposed ordinance reviewed by Deputy City Solicitor EXHIBITS: Proposed Ordinance #2012-17 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Schedule for First Reading on June 25, 2012, and Final Reading and action July 9, 2012. RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council for action in accordance with the time frame above. BACKGROUND AND ANALYSIS The proposed ordinance would amend the City’s ordinance regarding sale of Bath Salts to refer to Delaware Code, Title 16, Chapter 47, as it relates to Schedule 1 Controlled Substances, rather than listing the prohibited substances by name. It also amends the penalties to declare any businesses that sells such substances a public nuisance and refers to license revocation through summary action.

CITY OF DOVER PROPOSED ORDINANCE #2012-17 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 26 - Businesses, Article I - In General, Section 26-1 - Sale of Dangerous Substances be 4 amended by deleting the text indicated bold, red, strikethrough and inserting the text indicated in bold, 5 underline, as follows: 6 Sec. 26-1. - Sale of dangerous substances. 7 (a) It shall be unlawful to sell or offer to sell any material, compound, mixture, or preparation which 8 contains any quantity of any substance categorized as Schedule I in accordance with 9 16 Del.C. ch. 47. the following substances, their salts, isomers, and salts of isomers, unless 10 specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is 11 possible within the specific chemical designation: 12 (1) Methylone; 13 (2) MDPV; 14 (3) Methylenedioxypyrovalerone; 15 (4) Methylmethcathinone; 16 (5) Mephedrone; 17 (6) Methoxymethcathinone; 18 (7) Fluromethcathinone; 19 (b) Penalties. Violations of this section shall be subject to fines in accordance with Appendix 20 F—Fees and Fines, section 1-17 and revocation of business license under the provisions of 21 Chapter 26—Businesses, Article II—Licenses, sections 26-59 and 26-63 26-64. 22 (c) Enforcement. Any business that sells or offers for sale any of the prohibited items shall be 23 considered a public nuisance. The provisions of this section may be enforced by any city 24 inspector or officer of the police department. after any substance found for sale at a business 25 tests positive for a Schedule 1 controlled substance in a field test performed by the Police 26 Department. 27 ADOPTED: * 28 S:\ORDINANCES\2012\Draft\2012-17 - Ch 26 - Businesses, Art I - In General, Sec 26-1 - Sale of Dangerous Substances.wpd 29 SYNOPSIS 30 The proposed ordinance would more closely align the City code with the State Uniform 31 Controlled Substances Act as it relates to the sale of Schedule I controlled substances, 32 including but not limited to bath salts. 33 (SPONSORS: LYNN , STAFF) 34 Actions History 35 06/11/2012 - Introduced at Legislative, Finance, and Administration Committee Meeting