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ATTACHMENT #1-A
DIVISION 1. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
Sec. 2-146. Created.
There is hereby created a Legislative, Finance, and Administration Committee.
Sec. 2-147, Members.
(a) The Legislative, Finance, and Administration Committee shall be composed of five (5)
members, four (4) of which are appointed by the Council President and one (1) appointed by the committee
chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of
the members shall be elected city officials, and the two (2) remaining members shall be City residents. The
members of the committee shall serve one-year terms unless sooner rernoved.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City
Council excluding any Councilman under consideration after written notice shall have been given the
member being considered for removal at a reasonable time prior to the proceeding stating the time, place and
date of the removal proceeding.
Sec. 2-148. Functions.
The Legislative, Finance, and Administration Committee shall advise City Council on proposed
charter amendments, ordinances to be adopted or amended, and other legislative matters; and shall advised
City Council on financial matters, including the City’s budget, assessments, and taxation; and advise City
Council on administrative issues, policy, procedures, and operations of the City of Dover. The Legislative,
Finance, and Administration Committee shall act as an advisory committee to the City Council regarding
matters relating to the Mayor, Council, City Manager’s Office, Finance Department, Administrative Services,
City Clerk’s Office, Tax Assessors Office, Human Resources Department, Central Services Department,
Information Technology Department, Election Board, Pension Boards, and any omitted or new departments
or committees, and other areas as deemed appropriate.
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ATTACHMENT #1-B
DIVISION 2, PARKS, RECREATION, & COMMUNITY ENHANCEMENT COMMITTEE
Sec. 2-156. Created.
There is hereby created a Parks, Recreation, and Community Enhancement Committee.
Sec. 2-157, Members.
(a) The Parks, Recreation, and Community Enhancement Committee shall be composed of five (5)
members, four (4) of which are appointed by the Council President and one (1) appointed by the committee
chair, with all appointments subject to confirmation of a voting majority of the City Council. Three (3) of
the members shall be elected city officials, and the two (2) remaining members shall be City residents. The
members of the committee shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City
Council excluding any Councilman under consideration after written notice shall have been given the
member being considered for removal at a reasonable time prior to the proceeding stating the time, place and
date of the removal proceeding.
Sec. 2-158. Functions.
The Parks, Recreation, and Community Enhancement Committee shall advise the City Council on
parks, playgrounds, open space, and other recreational facilities and programs; shall advise the City Council
on matters relating to the community enhancements by reviewing and commenting on community plans, and
recommend appropriate funding for each community improvement project; and advise the City Council on
landscaping and beautification programs and tree preservation requirements, and assist in developing an
understanding of the objectives and methods of tree conservation. The Parks, Recreation, and Community
Enhancement Committee shall act as an advisory committee to the City Council regarding matters relating
to the Parks and Recreation Department, Planning Department, Grounds Department, Community
Development, Silver Lake Commission, Greater Dover Arts Council, Library Commission, and other areas
as deemed appropriate, including funding.
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ATTACHMENT #1-C
DIVISION 2.5. SAFETY ADVISORY COMMITTEE
Sec. 2-161. Created.
There is hereby created a Safety Advisory Committee.
Sec. 2-162. Members.
(a) The Safety Advisory Committee shall be composed of five (5) members, four (4) of which are
appointed by the Council President and one (1) appointed by the committee chair, with all appointments
subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected
city officials, and the two (2) remaining members shall be City residents. The members of the committee
shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City
Council excluding any Councilman under consideration after written notice shall have been given the
membcr being considered for removal at a reasonable time prior to the proceeding stating the time, place and
date of the removal proceeding.
Sec. 2-163. Functions.
The Safety Advisory Committee shall advise City Council on public safety issues, policies,
procedures, and operations relative to emergency operations, and fire and police services. The Safety
Advisory Committee shall act as an advisory committee to the City Council regarding matters relating to the
Police Department, Fire Department, Inspections Department, and other areas as deemed appropriate.
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ATTACHMENT #1-D
DIVISION 3. UTILITY COMMITTEE
Sec. 2-166. Created.
There is hereby created a Utility Committee.
Sec. 2-167. Members.
(a) The Utility Committee shall be composed of five (5) members, four (4) of which are appointed
by the Council President and one (1) appointed by the committee chair, with all appointments subject to
confirmation of a voting majority of the City Council. Three (3) of the members shall be elected city
officials, and the two (2) remaining members shall be City residents. The members of the committee shall
serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City
Council excluding any Councilman under consideration after written notice shall have been given the
member being considered for removal at a reasonable time prior to the proceeding stating the time, place and
date of the removal proceeding.
Sec. 2-168. Functions.
The Utility Committee shall advise the City Council on the installation, maintenance, repair,
improvement, and relocation of electric, water, sewer, communication utilities and other infrastructures
within the City and lawfully extending beyond the City corporate limits; and shall advise the City Council
on the issue of utility consumption rates, suggested code amendments, condemnation of public rights-of-way;
and shall act as an advisory committee to determine and establish utility issues, policies, procedures, and
operations relative to electric, water, sewer, communications, etc., including, but not limited to, non-
consumption utility fees, utility extensions, impact fees, and service connection fees. The Utility Committee
shall act as an advisory committee to the City Council regarding matters relating to the Electric Department,
and Public Works Department, including Water, Sewer, and Sanitation Divisions, and other areas as deemed
appropriate.
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ATTACHMENT #1-E
DIVISION 3.5. TRANSPORTATION REVIEW COMMITTEE
Sec. 2-170. Created.
There is hereby created a Transportation Review Committee.
Sec. 2-171. Members.
(a) The Transportation Review Committee shall be composed of five (5) members, four (4) of which
are appointed by the Council President and one (1) appointed by the committee chair, with all appointments
subject to confirmation of a voting majority of the City Council. Three (3) of the members shall be elected
city officials, and the two (2) remaining members shall be City residents. The members of the committee
shall serve one-year terms unless sooner removed.
(b) A member of such committee shall be removable by a three-fourths (3/4) vote of the City
Council excluding any Councilman under consideration after written notice shall have been given the
member being considered for removal at a reasonable time prior to the proceeding stating the time, place and
date of the removal proceeding.
Sec. 2-172. Functions.
The Transportation Review Committee shall advise City Council on vehicle regulations, traffic,
parking, pedestrians, and other transportation related matters; shall advise City Council on the installation,
maintenance, repair, improvement, and relocation of streets; and shall advise City Council on the overall
planning and programming of transportation improvements. The Transportation Review Committee shall
act as an advisory committee to the City Council regarding matters relating to the Streets Division of the
Public Works Department, State Department of Transportation, Greater Dover Metropolitan Planning
Organization, other organizations concerned with transportation issues in the City of Dover and other areas
as deemed appropriate.
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C} Ordi ining fines:
Additional langauge added to every fine section:
Fines not paid within fourteen (14) days of the day the fine was issued, including the day
the fine was issued, shall be automatically doubled in amount.
Sections to be amended: :
Sec. 1-10. General penalty for violation of Code; separate offenses.
Whenever in this Code or in any ordinance of the city any act or omission is prohibited
or is made or declared to be unlawful or aviolation, or whenever in said Code or
ordinance the doing of any act is required or the failure to do any act is declared to be
unlawful or a violation, and no specific penalty is provided therefor, the violation of any
such provision of this Code or any ordinance shall be punishable by a fine not less than
twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Unless
specifically provided otherwise, or the context thereof so dictates, each day any
violation of any provision of this Code or any ordinance shall continue shall constitute a
separate offense.
Fines not paid within fourteen (14) days of the day the fine was issued, including the day
the fine was issued, shall be automatically doubled in amount.
(Code 1968, § 1-12; Ord. of 8-10-87, § 1; Ord. of 8-14-95)
Charter references: Penalty for ordinance violations, Subpart A, § 17.
Sec. 4-7, Animal excrement.
(a) No person having possession, custody or control of any animal shall knowingly or
negligently permit any dog or other animal to deposit excrement upon any gutter, street,
driveway, alley, curb or sidewalk in the city, or upon the floors or stairways of any
building or place frequented by the public or used in common by the tenants, or upon
the outside wall, walkways, driveways, alleys, curbs or stairways of any building
abutting on a public street or park, or upon any private property other than the property
of the owner of such animal.
(b) Any person having possession, custody or control of any dog or other animal
which deposits excrement in any area other than the private property of the owner of
such dog or other animal, as prohibited in section 4-7(a), shall be required to immediately
remove the said excrement from surface and either:
() Carry same away for disposal in a toilet; or
(2) Place same in a nonleaking container for deposit in a trash or litter receptacle.
(c) Exceptions. The provisions of this section shall not apply to a guide dog
accompanying any blind persons, or to a dog used to assist any other physically
handicapped person, or the animals used in any police activities of the city or to horses
used by persons for the purposes of transportation on public roadways. Horses on
private property other than the owner's must have their droppings removed by the
owner.
~ ATTACHMENT #2
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(d) Enforcement. For the purpose of enforcing the provisions of this section, notice of
violation shal] be issued by police officers or any other person authorized to enforce
ordinances.
(e) If the excrement is properly disposed of by the owner or person in charge of the
animal, it will not be considered a violation of section 4-7(a).
(f) | Every owner of, or person responsible for, one or more dogs or cats shall take all
reasonable measures to prevent accumulation of animal excreta in the area in which such
animals are customarily kept. No such owner shall allow animal excreta to accumulate so
as to create obnoxious or offensive odors.
(g) Violations. Any person convicted of violating the provisions of this section shall
be sentenced to pay a fine not less than twenty-five dollars ($25.00) nor more than one
hundred dollars ($100.00) for each violation. For each subsequent offense, the minimum
fine shall be fifty dollars ($50.00). Fines not paid within fourteen (14) days of the day the
fine was issued, including the day the fine was issued, shall be automatically doubled in
amount. :
(Ord. of 8-28-95)
Sec. 4-14. Fines.
Any person convicted of a violation of this chapter shall pay a mandatory and
nonsuspendable fine of at least the minimum fine for each offense as follows:
(1) Any person convicted of violating the provisions of section 4-6 of this chapter
shall be sentenced to pay a fine not less than ten dollars ($10.00) nor more than one
hundred dollars ($100.00) for each violation.
(2) Any person convicted of violating the provisions of sections 4-3, 4-4, 4-4.1, 4-7,
and/or 4-12 of this chapter shall be sentenced to pay a fine of not less than twenty-five
dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation.
(3) _ Any person convicted of violating the provisions of section 4-5 of this chapter
shall be sentenced to pay a fine not less than fifty doliars ($50.00) nor more than one
hundred dollars ($100.00) for each violation.
(4) | Any person convicted of violating the provisions of sections 4-8, 4-10, and/or 4-11
of this chapter shall be sentenced to pay a fine of one hundred dollars ($100.00) for
each violation.
(5) Fines not paid within fourteen (14) days of the day the fine was issued, including
the day the fine was issued, shall be automatically doubled in amount.
(Ord. of 8-28-95)
(Ord. of 10-22-79)
Sec. 4.5-12. Penalties for violation.
Any person who shall violate any of the sections of this chapter, or who shall fail to
comply therewith, or with any of the requirements thereof, shail be subject to a fine not
to exceed one hundred dollars ($100.00) and not less than ten dollars ($10.00). Fines
not paid within fourteen (14) days of the day the fine was issued, including the day the
fine was issued, shall be automatically doubled in amount.
(Ord. of 7-28-86)
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Sec. 5-91. Violations; penalty for disregarding notices or orders.
The owner of any dangerous building who shall fail to comply with any notice or order
to repair, vacate and close, or demolish said building given by the council shall be guilty
of a misdemeanor and upon conviction thereof shall be fined a minimum of one hundred
dollars ($100.00) for each offense. Each day such failure to comply continues shal!
constitute a separate offense punishable as herein provided.
The occupant or lessee in possession who fails to comply with any notice to vacate and
close or who fails to repair said building in accordance with any notice given by the
council as provided for in this article shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a minimum of one hundred dollars ($100.00) for each
offense. Each day such failure to comply continues shall constitute a separate offense
punishable as herein provided.
Any person removing the notice provided for in section 5-89, subsection (i) hereof shall
be guilty of a misdemeanor and upon conviction shall be fined not exceeding one
hundred dollars ($100.00) for each offense.
Fines not paid within fourteen (14) days of the day the fine was issued, including the day
the fine was issued, shall be automatically doubled in amount.
(Ord. of 2-28-55, § 6; Ord. of 10-28-96)
Sec. 7-75, Penalties.
(a) | Anyone found to be in violation of section 7-74(a) shall be issued a summons
pursuant to section 13-6.1 of the City of Dover Code of Ordinances. ;
(b) Any vehicle which has had a summons placed upon it and is found to still be
parked in the fire lane for one hour or more from the time the summons was placed upon
the vehicle, said vehicle may be towed at owners expense.
(c) Any property owner or tenant found to be in violation of section 7-74(b) shall be
issued a summons in the amount of fifty dollars ($50.00).
(d) Any property owner found to be in violation of section 7-74(c) shall be issued a
summons in the amount of fifty dollars ($50.00). Each day shall constitute a separate
offense.
(e) Any property owner found to be in violation of section 7-77(a) through (e) shall
be issued a summons in the amount of fifty dollars ($50.00). Each day shall constitute a
separate offense.
(63) Fines not paid within fourteen (14) days of the day the fine was issued, including
the day the fine was issued, shall be automatically doubled in amount.
(Ord. of 7-28-97)
Sec. 7-62. Smoke detection devices; requirements.
(a) Installation required.
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(1) New dwellings. All new structures and new dwellings shall be equipped with
smoke detectors and fire protection equipment as required by the provisions of the
BOCA Basic Building Code.
(2) Existing dwellings. All existing single-family dwellings, multifamily dwellings, and
dwelling units, whether such dwellings are owner-occupied or tenant-occupied, shall be
equipped with automatic smoke-detecting devices, which shall be approved smoke
detectors of the photoelectric or ionization type or battery powered Underwriter's
Laboratory or Factory Mutual Approved type, as required by subsection (b) of this
section, as of the settlement date of the next immediate sale of any section, as of the
settlement date of the next immediate sale of any such dwelling; or further, for any rental
dwelling, as of the effective date of the next rental to a new tenant of such existing
single-family dwellings, multifamily dwellings and dwelling units, or as of December 31,
1990, whichever first occurs. Such smoke detectors shall be installed in the number,
location and manner required by this section and the rules and regulations of the fire
marshal and, when actuated, each such smoke detector shall provide an alarm suitable to
warn the occupants within the dwelling. It shall be the responsibility of the seller of
lessor of such existing dwellings to make such installations.
(3) Unlawful acts. In addition to and not in lieu of any other provisions of this section
and of the Code, it shall be unlawful for any person responsible for the installation of a
smoke detector to fail to so install it by the time required by this section. It shall be
unlawful for any person to tamper with, damage, or render inoperative, such as, but not
exclusively, by disconnecting electrical wiring or by removing the batteries from, any
smoke detector.
(b) Type of detection devices. Detection devices shall be of the photoelectrical or
ionization type and shall be electric, one-hundred-ten-volt A.C.,-or battery powered
smoke detectors, Underwriters Laboratory or Factory Mutual Approved.
(1) Electric units shall be direct wired on a separate circuit on the line side of service
equipment, immediately fused with proper size fuse. Detector wiring shall be minimum 14
gauge wire. All wiring shall comply with the National Electric Code and shall be
performed by registered, licensed electricians or inspected by the appropriate authority.
(2) Battery powered units shall be permitted only in existing structures. Where battery
powered units are permitted, the battery shall be of the type approved for the detector
and shall provide a minimum of twelve (12) months' service. Battery powered units shall
be equipped with an audible sounding device to alert occupants of the need for battery
replacements. In rental dwelling units where battery powered devices are permitted, after
installation of the detection devices at the landlord's expense, in accordance with
subsection (a) above, it shall be the tenant's responsibility, unless otherwise provided in
the tenant's lease agreements, to:
a. Make periodic inspections of the unit to determine that it is in proper working
order;
b. To notify the landlord of any malfunction of said detection device which the
landlord shall then repair or replace at his own expense;
c. To replace the batteries when necessary during the entire term of the rental
agreement.
(c) Audible signal. Detection devices shall be equipped with an audible sounding
device that provides a steady signal with a minimum decibel rating of eighty-five (85)
decibels.
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(d) Number of devices required. The major threat from fire in a family living unit is at
night when everyone is asleep. The principal threat to persons in sleeping areas comes
from fires in the remainder of the unit; therefore, smoke detector(s) shall be located
between the bedroom areas and the rest of the unit. In units with only one bedroom area
on one floor, the smoke detector shall be located as shown in figure B-2.1.1 of the
Appendix of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of
Household Fire Warning Equipment.
In family living units with more than one bedroom area or with bedrooms on more than
one floor, more than one smoke detector will be required, as shown in figure B-2.1.2 of
the Appendix of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use
of Household Fire Warning Equipment.
In addition to smoke detectors outside of the sleeping areas, this standard requires the
installation of a smoke detector on each additional story of the family living unit,
including the basement. These installations are shown in figure B-2.1.3 of the Appendix
of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of Household
Fire Warning Equipment. The living area smoke detector shall be installed in the living
room and/or neat the stairway to the upper level. ‘The basement smoke detector shall be
installed in close proximity to the stairway leading to the floor above. If installed on an
open-joisted ceiling, the detector shall be positioned relative to the stairway so as to
intercept smoke coming from a fire in the basement before the smoke enters the stairway.
(e) Authority having jurisdiction. The fire marshal shall have jurisdiction for purposes
of enforcing compliance with this section.
(f) Supervision of enforcement. All general contractors, subcontractors and their
agents who install electric one-hundred-ten-volt, A.C.-powered smoke detection devices
shall be registered with the office of the city fire marshal in order to sell, distribute,
furnish or install smoke detection equipment within the city.
It shall be the responsibility of the contractor, installer or seller of the electrical one-
hundred-ten-volt, A.C.-powered smoke detectors to certify in writing to the fire marshal
that the device is in compliance with this section.
This subsection shall not apply to persons who perform the actual installation of smoke
detectors in dwellings units they own; however, such installations shall still require any
applicable inspections required by the building code.
(g) Penalties. Any violation of the provisions of this section shall render the owner or
operator or agent of the owner or operator of the building, or the tenant of rental
property if the rental agreement so provides in accordance with subsection (b) above,
and/or the general contractor, subcontractors, or their agents, liable for suspension or
revocation of any existing license to do business in the city, or a fine of not more than
one hundred dollars ($100.00) per violation, or both such penalties.. Fines not paid
within fourteen (14) days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount. Copies of this section shall be made
available to the public by the building inspector.
(h) Requirements for secured key system. A secured key system shall be required for
any new or existing building where a fire alarm or sprinkler system is being installed. It
shail be the responsibility of the owner or occupant to keep a set of keys in the secured
key box that are current to the Jocks of the protected occupancy. Buildings with
twenty-four-hour staffing or guard service shall be exempt from this subsection.
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(1) | The secured key system shall be located as close to the main entrance as possible.
Should the building design not allow the secured key system to be located by the main
entrance, the fire marshal and fire chief shall come to an agreement as to an alternate
location for the key box. A secured key system, once installed, shall not be obstructed
from view or obstructed by any means that would delay the fire department access to
the box.
(2) Keys to be secured in the key box shall include keys to all points of ingress or
egress whether on the interior or exterior of the building; keys to locked mechanical
rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area
protected by automatic fire detection. Keys to individual residential apartment units are
not required. ;
(3) _ It shall be the responsibility of the general contractor to order the key box for new
buildings. It shall be the responsibility of the owner or tenant to order the key box for
existing buildings.
(4) _ No acceptance test for sprinklers or fire alarms shall be conducted before the
installation of a key box.
(Ord. of 2-13-89; Ord. of 11-22-93; Ord. of 2-9-98)
Editor's note: An ordinance adopted November 22, 1993 renumbered § 7-61 as 7-62 in
order to facilitate the addition of a new § 7-61.
Sec. 8-15. Penalties for violation.
Any person convicted of violating any provision of this chapter shall be fined in an
amount not in excess of one hundred dollars ($100.00), nor less than five dollars ($5.00)
for each violation and if the violation amounts to an unlawful deposit of rubbish, refuse
or other offensive matter in the corporate limits of the City of Dover, he shall be directed
to remove the same and in the event of his failure to do so, the offensive matter shall be
removed by the city at the expense of the violator. Fines not paid within fourteen (14)
days of the day the fine was issued, including the day the fine was issued, shall be
automatically doubled in amount.
(Ord. of 8-23-82)
DIVISION 2. PERMIT
Sec. 10-96. Generally.
(a) _ Single family dwellings. It shall be unlawful for any person to operate any single
family rental dwelling without obtaining a permit from the license department in order to
determine compliance with the appropriate provision of this article. The permit shall
expire annually on January 31st, the fee for the annual permit shall be ninety dollars
($90.00) for each single family detached dwelling, and seventy dollars ($70.00) for each
single family attached dwelling.
(b) Multiple family dwellings. It shall be unlawful for any person to operate any
multiple dwelling, without first obtaining an annual permit therefore from the license
department in order to determine compliance with the appropriate provisions of this
article. The permit shall expire annually on January 31st, and the fee for the annual
permit shall be ninety dollars ($90.00) for multiple dwellings consisting of three (3) or
less dwelling units and ninety dollars ($90.00) for the first three (3) dwelling units of a
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multiple dwelling with four (4) or more dwelling units, and thirty dollars ($30.00) for
each additional dwelling unit in excess of three (3). The fee for condominium units and
accessory apartments located within structures principally used for owner occupancy,
shall be thirty dollars ($30.00).
(c) Penalty for late payment, In the event that the permit fee set forth herein is not
paid on the date due, then the permittee shall incur a penalty fee in the amount of ten
(10) percent per month of the amount of the license fee until the same is paid.
(c) Fines not paid within fourteen (14) days of the day the fine was issued, including
the day the fine was issued, shall be automatically doubled in amount.
(d) Reinstatement of suspended permit. An owner whose permit has been suspended
in accordance with section 10-97 shall pay a one-hundred-dollar reinstatement fee.
(e) Failure to pay fees. In the event that the property owner fails to pay said fees
within thirty (30) days from the date the same are mailed to the owner, then such fees
shall be entered in the municipal lien docket as a lien owing the city; and the same may
be turned over to the city solicitor for collection.
(f) Fee payment required for receipt of city utilities. The owner or occupant of any
rental unit shall not be entitled to receive city utilities until the permit fee required in this
chapter is paid in full and city personnel shall refuse to provide sewage, water and
electricity to the property until satisfactory proof is furnished that such license fee has
been paid.
(Ord. of 4-10-00)
Sec. 13-15. Off road motor vehicle regulations.
(a) | Off road motor vehicles as designated in this section shal! mean any motor vehicle
or other motorized vehicle not licensed to travel on the public roads of the State of
Delaware or permitted to travel on the public roads of the State of Delaware.
(b) All off road motor vehicles shall comply with the following regulations:
(1) The operator must obtain a license from the City of Dover in order to operate the
vehicle within the corporate limits of the City of Dover, which license shall be issued
according to regulations adopted by the City of Dover regarding the amount of fee,
display of the license, proof of insurance coverage, etc,
(2) The vehicle must have a muffler system which limits engine noises to state noise
violation standards.
(3) The operator must have, in his possession, written approval of the owner of the
property upon which he operates the vehicle or he must operate the vehicle on a site
which is licensed and designated for such purpose.
(4) If any person witnesses a violation of subsections (1), (2), or (3) of this section by a
person on or in a motor vehicle and the identity of the offender is not otherwise
apparent, there shall be a rebuttable presumption that the person in whose name such
motor vehicle is registered committed such violation.
(c) Anyone violating any provision of this section shall be fined a minimum of twenty-
five dollars ($25.00) and a maximum of one hundred dollars ($100.00). Fines not paid
within fourteen (14) days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
(Ord. of 9-13-82, § 2)
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Sec. 13-16. Violations.
Except as otherwise provided, any person who violates any provision of this chapter
which is a moving offense shall be fined a minimum of ten dollars ($10.00), and any
person who violates a provision of this chapter which is a nonmoving offense shall be
fined a minimum of fifteen dollars ($15.00), except that any parking violations shall carry
a fine of twenty dollars ($20.00), for each offense, but if the fine is paid within seventy-
two (72) hours from the date the offense is recorded in time, the fine shall be fifteen
dollars ($15.00). Fines not paid within fourteen (14) days of the day the fine was issued,
including the day the fine was issued, shall be automatically doubled in amount.
(Code 1968, § 31-114; Ord. of 8-25-71, § 2; Ord. of 7-12-82; Ord. of 8-23-82; Ord. of 9-
13-82, § 1; Ord. of 6-26-89; Ord. Of 9-9-02(1))
Sec. 14-3.5, False alarms to police.
Page 14
(a) Definitions. For purposes of this chapter, the following words and phrases shall
have the meanings respectfully ascribed to them by this section:
(1) Alarm system: An assembly of equipment and devices arranged to signal the
presence of a situation requiring urgent attention and to which police are expected to
respond.
(2) Alarm user: Any person, firm, partnership, corporation, or other entity or any agent,
officer, or employee thereof on whose premises an alarm system is maintained within the
city.
(3) False alarm: The activation of an alarm system through negligence of the alarm
user causing the city police to respond. Negligence does not include, for example, alarms
caused by hurricanes, tornadoes, earthquakes, mechanical failure, malfunction, or
improper installation, provided, however, that in the event that during the course of the
calendar year an alarm user has three (3) mechanical failures, malfunctions, or improper
installations causing a false alarm, then the third such mechanical failure, malfunction, or
improper installation within the calendar year shall constitute negligence.
(b) | Maintenance of alarm system. Every alarm user shall maintain its alarm system in
such a manner as to minimize the number of incidents of false alarms to the police.
(c) Violation; penalty. When there is a false alarm signal eliciting notification to and a
response by the City of Dover Police Department when a situation requiring a response
by the police does not in fact exist, but is in fact negligently caused by the alarm user,
then the alarm user shall be fined twenty-five dollars ($25.00) for each false alarm
transmitted during the calendar year. Effective October 1, 2000, an alarm user is
permitted to have two (2) false alarms every calendar year. Thereafter, the following fees
shall be initiated:
TABLE INSET:
Number of
False Alarms Amount of Fine
Per False Alarm
3~5 $25.00
6-9 50.00
10--15 100.00
16 and over 150.00
Such fines shall be paid directly to the City of Dover Police Department within thirty
(30) days. Fines not paid within thirty (30) days of the day the fine was issued,
including the day the fine was issued, shall be automatically doubled in amount.
(Ord. of 8-9-82; Ord. of 8-28-00)
Editor's note: An ordinance adopted Aug. 9, 1982, enacted provisions designated as §§
7,.5-1--7.5-3, which provisions have been redesignated by the editor as § 14-3.5 for
purposes of classification.
Sec. 14-6.1. Consumption or possession of alcoholic liquor.
(a) Except when permitted by federal, state, county or municipal law, it is unlawful for
any person to consume any alcoholic liquor or possess with intent to consume any
alcoholic liquor in or upon any street, alley, highway, public way, public building or
public place within the City of Dover.
(b) Whoever, being under the age of twenty-one (21) years, has alcoholic liquor in his
possession at any time, or consumes or is found to have consumed alcoholic liquor, shall
Page 15
be fined one hundred dollars ($100.00).. Fines not paid within fourteen (14) days of the
day the fine was issued, including the day the fine was issued, shall be automatically
doubled in amount. This section shall not apply to the possession or consumption of
alcoholic liquor in connection with any religious service or by members of the same
family, provided at least one of the members is of age, within the private home of any of
the said members.
(c) For purposes of this section, "alcoholic liquor" shall be defined per Title IV of the
laws of the State of Delaware as amended.
(d) For purposes of this section, "public place" shall mean any place to which the
general public has access and a right to resort for business, entertainment, or other lawful
purposes, but does not necessarily mean a place devoted solely to the uses of the public.
It shall also include the front or immediate area of any store, shop, restaurant, tavern, or
other place of business and also public grounds, areas, or parks.
(Ord. of 6-11-84; Ord. of 10-25-99)
Editor's note: An ordinance adopted June 11, 1984, adding § 14-14 to the Code, has
been redesignated § 14-6.1, for purposes of classification and reference, at the discretion
of the editor.
Sec. 14-8. Excessive noise prohibited.
(a) It shall be unlawful for any person to make, continue, or cause to be made or
continued any excessive, unnecessary or unusually loud noise or any noise which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of
others, or creates the risk thereof, within the limits of the city.
(b) The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of the section, but said enumeration shall not be deemed
to be exclusive:
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on
any automobile, motorcycle, street car or other vehicle on any street or public place of
the city, except as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such device for an
unnecessary and unreasonable period of time. The use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling device when traffic is for
any reason held up.
(2) Radios, phonographs, etc. The using, operating, or permitting to be played, used
or operated any radio receiving set, musical instrument, phonograph, or other machine or
device for the producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person or persons who are in
the room, vehicle or chamber in which such machine or device is operated and who are
voluntary listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to
be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a violation of this section, however,
this does not preclude conviction of the violation during any other hour.
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Page 16
(3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be
played, used, or operated of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier, .or other machine or device for the producing or
reproducing of sound which is case upon the public street for the purpose of commercial
advertising or attracting the attention of the public to any building or structure unless
authorized by permit.
(4) Yelling, shouting, etc. Yelling, shouting; hooting, whistling, or singing on the
public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time
or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office,
or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(5) The keeping of any animal or bird which by causing frequent or long continued
noise shall disturb the comfort or repose of any persons in the vicinity.
(6) Whistles. The flowing of any locomotive whistle or steam whistle attached to any
stationary boiler except to give notice of time to begin or stop work or as a warning of
fire er danger, or upon request of property city authorities or in compliance with the
state law.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat, or motor vehicle except through a
muffler or other device which will effectively prevent loud or explosive noises
therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out
of repair, so loaded or in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
(9) Loading, unloading, opening boxes. The creation of a loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.
(10) Construction or repairing of building. The erection (including excavation),
demolition, alteration or repair of any building other than between the hours of 7:00 a.m.
and 6:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. weekends, except in case of
urgent necessity in the interest of public health and safety, and then only with a permit
from the building inspector, which permit may be granted for a period not to exceed
three (3) days or less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
If the building inspector should determine that the public health and safety will not be
impaired by the erection, demolition, alteration, or repair of any building or the
excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m.
weekdays and 6:00 p.m. and 10:00 a.m. weekends, and if he shall further determine that
loss or inconvenience would result to any part in interest, he may grant permission for
such work to be done within the hours of 6:00 p.m. and 7:00 a.m. weekdays and 6:00
p.m. and 10:00 a.m. weekends, upon application being made at the time the permit for
the work is awarded or during the progress of the work.
(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any
street adjacent to any school, institution of learning, church or court while the same are
in use, or adjacent to any hospital, which unreasonably interferes with the workings of
such institution, or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such streets indicating that the same is a school,
hospital or court street.
11
Page 17
(12) Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
(13) Drums. The use of any drum or other instrument or device for the purpose
attracting attention by creation of noise to any performance, show or sale.
(14) Metal rails, pillars and columns, transportation thereof. The transportation of
rails, pillars or columns or iron, stee] or other material, over and along streets and other
public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause
loud noises or as to disturb the peace and quiet of such streets or other public places.
(15) Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and
7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliances, the use of which is attended by loud or unusual noise.
(16) The operation of any noise-creating blower or power fan or any internal
combustion engine, the operation of which causes noise due to the explosion of
operating gases or fluids, unless the noise from such blower or fan is muffled and such
engine is equipped with a muffler device sufficient to deaden such noise.
(c) Owners, landlords, lessees, or renters of public or private premises where there is a
failure to maintain compliance with this section shall be notified of violations and
complaints and shall take appropriate and recommended actions necessary to assist in
bringing the premises in compliance with this section.
(d) The violation of any provision of this section shall be punishable by a fine of not
less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). Fines not
paid within fourteen (14) days of the day the fine was issued, including the day the fine
was issued, shall be automatically doubled in amount.
(Code 1968, § 20-12; Ord. No. 3-77, .§ 2, 9-26-77; Ord. of 9-13-93; Ord. of 2-26-96; Ord.
of 10-25-99; Ord. of 11-26-01 )
Sec. 14-15. Smoking regulations.
(a) Generally. The Surgeon General of the United States, the National Academy of
Sciences, and other health organizations have linked passive exposure to tobacco
smoke (secondhand smoke) to a variety of negative health conditions in nonsmokers
which has prompted council to enact smoking regulations for the health, welfare and
safety of residents of the city and to strike a reasonable balance between the rights of
smokers and nonsmokers by regulating smoking in certain public places and places of
employment.
(b) Definitions. When used in this section, the following words and terms shall have
the following definitions and meanings:
(1) ‘Bar or cocktail lounge area shall mean that part of any restaurant or other
establishment, to a depth of twenty (20) feet from such bar, primarily engaged in the
business of selling or dispensing alcoholic or other beverages and duly licensed by the
state for the same, but secondary to the restaurant or other primary use of the
establishment.
(2) Employee shall mean any person who renders or has rendered any service to
another for a consideration or its equivalent, under an expressed or implied contract, and
who is or was under the control and direction of the latter when rendering the services
including temporary, provisional, casual-or part-time employment.
12
Page 18
(3) Employer shall mean an individual, partnership, association, corporation,
governmental body or agency, or any other entity, for whom or for which one or more
persons renders or have rendered any services on a salary, commission or other
compensation basis.
(4) Health care facility shall mean any office or institution providing individual care
or treatment of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological conditions.
(5) Person includes individuals, firms, partnerships, associations, corporations,
companies and organizations of any kind.
(6) Place of employment shall mean any enclosed area under the control of a public or
private employer, which employees normally frequent during the course of employment.
A private residence is not considered to be a place of employment for the purpose of this
section, nor is a motor vehicle of the employer used by employees in the course of
employment.
(7) Public conveyance shall mean any taxi cab, mass transit vehicle or school bus, or
any vehicle offered to passengers for a fee.
(8) Public meeting includes any meeting or assembly held in any room, auditorium or
chamber wherein public, civic or governmental business is conducted and which is open
to the public either as participants or spectators.
(9) Public place includes any enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks; educational facilities; health
care facilities; day care centers, retirement homes, rest or nursing centers; property
owned, occupied or operated by the city or any agency thereof; public transportation
facilities; lobbies and reception areas; but not including the offices or work areas not
entered by the public in the normal course of business or use of the premises. A private
residence is not a public place, but the lobby or common area of a multifamily dweiling is
a public place.
(10) Restaurant shall mean any establishment which is regularly used and kept open
principally for the purpose of serving complete meals to persons for consideration and
which has seating at tables for thirty-five (35) or more persons, and suitable kitchen
facilities connected therewith for cooking an assortment of foods under the charge of a
chef or cook. The service of only such food and victuals as sandwiches or salads shall
not be deemed to be the service of meals. Any such establishment shall be duly licensed
as a "restaurant" by the city and state.
(11) Retail store shall mean any establishment whose primary purpose is to sell or offer
for sale to consumers, not for resale, any goods, wares, merchandise, articles or food for
consumption off the premises.
(12) Secondhand smoke shall mean the smoke to which a person may be involuntarily
exposed, either through a smoker exhaling the smoke of, or from a tobacco product, or
through the lighting or burning of any tobacco product.
(13) | Smoking includes the lighting, burning, holding or carrying of, or emitting, or
inhaling, or exhaling the smoke of a pipe, cigar or cigarette of any kind or any form of
lighted object or device which contains tobacco.
(14) Sports arena shall mean any indoor facility primarily used for sports, cultural or
similar events.
(15) Taproom shall mean any establishment which is regulated and licensed as such
by the state pursuant to the Delaware Alcoholic Beverage Control Act and which is
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Page 19
provided with special space and accommodations and operated primarily for the sale by
the glass for consumption on the premises of alcoholic beverages with the sale of food
as a secondary object as distinguished from a restaurant where the sale of food is the
primary object.
(16) Tavern shall mean any business selling spirits, wine or beer by the glass at retail
for consumption on the premises, and which is duly licensed and regulated as such
pursuant to the Delaware Alcoholic Beverage Control Act, and in which the sale of food
is a secondary object as distinguished from a restaurant where the sale of food is the
primary object.
(17) Theater shall mean any indoor facility primarily used for the exhibition of any
motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(c) Prohibitions. Smoking is unlawful in public places defined in subsection (b)(9)
and in the following public places during the hours in which they are open to the public:
(1) Art galleries, libraries, museums and similar cultural facilities;
(2) Classrooms and lecture halls;
(3) Designated no-smoking areas of restaurants, as set forth in subsection (d);
(4) Elevators; .
(5) Health care facilities, not including the in-patient sleeping quarters of any facility;
each such facility shall make a reasonable effort to assign patients to sleeping rooms
according to the patient's smoking or non-smoking preference; provided, however, that
the owner or other person with authority to manage and control such facility may
designate separate rooms or areas in which smoking is permitted, using existing physical
barriers and ventilation systems to the greatest extent possible to minimize the second-
hand smoke in adjacent no-smoking areas;
(6) Public conveyances;
(7) Public meetings;
(8) Retail stores, other than retail tobacco stores whose primary activity is the sale or
promotion of tobacco and tobacco products and accessories; provided, however, that
smoking may be permitted in those areas of enclosed shopping centers or malls that are
external to the retail stores and are used by customers as a route of travel from one store
to another and consist primarily of walkways and seating arrangements; further
provided that where smoking is permitted, the proprietor shall post a sign to that effect;
and
(9) | Theaters and sports arenas, except when smoking is part of a theatrical production;
provided, however that smoking may be permitted in the area that serves as a lobby if
physically separate from the spectator area and if a sign is posted to that effect; and
(10) Restrooms located in public places as defined in subsection (b)(9) and in the
facilities listed in subsection (c)(1), (c)(2), (c)(5), (c)(6), (c)(8), and (c)(9). Proprietors of
restaurants may either prohibit or allow smoking in restrooms located in their respective
restaurants;
(11) Smoking is unlawful in designated no-smoking areas of places of employment, as
set forth in subsection (g).
(d) Restaurants and other establishments and facilities.
(4) Nonsmoking area, when required. Every restaurant, whether currently in
existence or to be established in the future, shall designate a nonsmoking area consisting
of a reasonable percentage of the indoor seating capacity of the restaurant, as deemed
appropriate by the proprietor for his or her clientele, provided, however, that smoking
14
Page 20
may be permitted in any part of the restaurant that constitutes a bar or cocktail lounge
area as defined in subsection (b)(1).
(2) Exceptions. This section shall not apply to:
a. Taprooms and taverns; nor shall the seating capacity of any bar or lounge area and
the area within twenty (20) feet of the bar and located within a restaurant be included in
the calculation of the total seating capacity of the restaurant;
b. Rooms used for private functions, such as wedding receptions, or banquets that are
conducted in private and are not open to the general public, except that the authorized
users of such rooms may designate the rooms, for purposes of said private functions, as
either smoking or nonsmoking; :
(3) Alternative methods. Any restaurant that is not subject to subsection (d)(1) and
any taproom, tavern, organization, rooms or facilities that are exceptions pursuant to
subsection (d)(2) shall be required to have a mechanical system that effectively removes
secondhand smoke from the premises.
(e) Violations and penalties.
(1) Violations. The following acts constitute violations of this section:
a. Smoking in a posted nonsmoking area;
b. Failure to post a no-smoking sign as required by this section;
c. Failure to inform any person who violates this section, when such duty to inform
arises as set forth in subsection (g); a
d. Willful destruction or defacement of a sign posted as required by this section;
e. Failure to adopt a smoking policy as set forth in subsection (g);
f. Failure to designate a nonsmoking area as required by subsection (d).
(2) Penalties. Anyone who violates any provision of this section shall be liable for a
fine in an amount not to exceed twenty-five dollars ($25.00). Each day such violation
continues shall constitute a separate offense. Fines not paid within fourteen (14) days of
the day the fine was issued, including the day the fine was issued, shall be automatically
doubled in amount. =.
(3) Appeal to council. In the event that the enforcement of this section causes undue
and extraordinary financial hardship peculiar to any person, then that person shall have
the right to appeal this hardship to council by written request directed to the city clerk.
In considering the appeal, council shall have the power to alter the terms and conditions
of this section to meet any peculiar and extraordinary hardship proven by the person so
long as such alteration or relief does not detract from the purpose and intent of this
section.
(f) Signs. The owner or other person having the authority to manage and control any
area designated as a no-smoking area pursuant to this section shall post, or cause to be
posted, and prominently displayed, and shall maintain, "No Smoking" signs in
conspicuous locations within such areas. Such signs shall clearly and conspicuously
tecite the phrase "No Smoking" and/or use the international no-smoking symbol and
shall cite “Section 14-15 of the City Code." Signs shall be of sufficient number and
prominent location to convey the message clearly and legibly to a man or woman of
reasonable sensibilities. Signs shall be at least one square foot in size, shall be affixed to
the structure of the building and/or shall be so distributed that from any point in the no-
smoking area at least one such sign is visible. A combination of fixed or pedestal type
signs may be used. .
(g) Places of employment.
15
Page 21
G) | Written smoking policy. Within ninety (90) days following the effective date of
this section, every employer of twenty-five (25) or more employees at any one location
in the city shall adopt, implement and maintain a written smoking policy which shall
contain, at a minimum, the following provisions:
a. A statement providing that the employer shall attempt to reach a reasonable
accommodation, insofar as possible, between the preferences of smoking and non-
smoking employees; provided, however, that the employers are not required to incur any
expense to make ‘structural or physical modifications to accommodate individual
preferences; if a satisfactory accommodation cannot be reached, the preferences of
nonsmoking employees shall prevail;
b. | Smoking may be permitted in private, enclosed offices even though such offices
may be visited in the normal course of business by nonsmoking employees;
c, — Prohibition of smoking in auditoriums, classrooms, elevators, medical facilities,
conference rooms and rooms containing photocopying or other office equipment used
in common by employees;
d. Designation of some portion of the seating capacity of cafeterias, lunch rooms and
employee lounges as no-smoking areas; provided, however, that if there are two (2) or
more lounges available for employee use, one entire lounge may be designated as a
smoking area;
e A procedure to resolve employee disputes and objections arising under the smoking
policy; an
f. A statement providing that the employer will not retaliate or take any adverse
personnel action against any employee exercising his or her rights granted under the
smoking policy.
(2) Copies of policy to be provided to employees. Employers shall supply a written
copy of the smoking policy to all current employees within thirty (30) days of the date
of adoption of such policy and shall supply copies of it to all future employees at the
time of their entry into employment.
(3) Posting of policy. Employers shall post the smoking policy conspicuously in the
place of employment.
(h) Enforcement.
(1) Public places and places of employment. The owner, proprietor, manager, or other
person having the authority to manage and control any public place or place of
employment, or a designated agent of such owner or manager, shall inform persons
smoking in restricted areas of such places in order to warn them that they are in violation
of the law. Any person may file a complaint with the department of licenses and
inspections or with the police department alleging a violation of any provision of this
section.
(2) Enforcement procedures. Upon complaint to the department of licenses and
inspections, or to the police department, each department shall have concurrent
jurisdiction to enforce the provisions of this section by any of the following actions:
a. Serving notice requiring the prompt correction by the owner, proprietor, manager or
other person having the authority to manage and control any public place or place of
employment of any violation of this section;
b. Advising the city solicitor of violations of this section in order to maintain an action
at law or in equity to enforce the provisions of this section, recover the fines and costs of
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Page 22
prosecution, or to prevent, enjoin, abate or remove or otherwise to cause the correction
of any such violation of the provisions of this section.
c, Issue to any person a citation or a summons to appear in the Justices of the Peace
Court to answer to a charge of any violation of this section.
(i) General provisions.
(1) _ Nothing in this section shali be construed to permit smoking where it is otherwise
prohibited by law or regulation.
(2) Nothing in this section shall be construed to preclude any owner or other person
having the authority to manage and control any public place or place of employment
from prohibiting smoking to a greater extent than is provided by this section.
(3) _ Nothing in this section shall be construed to permit or authorize, or be permitted to
result in a fire safety hazard or violation, as may be determined by the fire marshal, by
anyone in attempting to comply with the provisions of this section.
(4) If any provision of this section or the application thereof to any person or
circumstances, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this section which can be given effect without the invalid
provision or application, and to this end the provisions of this section are hereby
declared to be severable.
Sec. 15-51. Same--Fine.
Any person who shall violate any of the sections of this chapter, or who shall fail to
comply therewith, or with any of the requirements thereof, shall be subject to a fine not
to exceed one hundred dollars ($100.00) and not less than ten dollars ($10.00). Fines
not paid within fourteen (14) days of the day the fine was issued, including the day the
fine was issued, shall be automatically doubled in amount.
(Ord. of 7-28-86)
Editor's note: An ordinance of July 28, 1986, specifically amended the Code by adding
a new § 15-99. For classification purposes, and with permission of the city, the
substantive provisions of the ordinance were redesignated as § 15-51 by the editor.
Sec. 19.5-26. Penalty for violations.
Any person guilty of conduct prohibited in section 19.5-25 shall, upon conviction, be
punished by imposition of a fine of not more than one hundred dollars ($100.00). Fines
not paid within fourteen (14) days of the day the fine was issued, including the day the
fine was issued, shall be automatically doubled in amount.
(Ord. of 6-27-88)
Sec. 21-19. Fines.
(a) | Any person convicted of a violation of section 21-17 of this Code, regardless of
corrective actions taken, shall be punished for that violation by a fine of not less than
twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Any such
fine shall be in addition to any charges or assessments imposed upon the violator
pursuant to section 21-18(a). All fines imposed shall be in accordance with the minimum
fine schedule set out. in subsection (c) herein.
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Page 23
(b) Every day that a violation of section 21-17 continues shall be considered a
separate offense, for which the violator may be tried and convicted without necessity of
further notice.
(c) Any fine assessed pursuant to subsection (a) shall be no less than the minimum
amount set out in the following schedule:
First offense .. . $ 25.00
Second offense .. . 50.00
Third and subsequent offenses .. . 100.00
In determining the applicable minimum fine, an offense shal] be considered a recurring
offense only if the defendant has previously pleaded, or been found guilty of causing or
permitting the same nuisance at the same location within the past eighteen (18) months,
or for everyday that the violation of section 21-17 continues as per section 21-19(b).
(d) _ Any fines imposed pursuant to subsection (a) of this section which remain unpaid
shall be placed by the city as specified in the municipal lien docket as a lien against the
property on which the violation occurred, and the procedures for enforcement or
collection of said lien shall be as set out in section 21-18(b) of this Code.
(e) _ Fines not paid within fourteen (14) days of the day the fine was issued, including
the day the fine was issued, shall be automatically doubled in amount.
(Ord. of 3-23-92; Ord. of 7-27-92)
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ATTACHMENT #3
BEIT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
MET:
That Section 1-10 - General Penalty for Violation of Code; Separate Offenses, of the Dover Code,
be amended by deleting that portion indicated in strikeout and adding that portion indicated in bold
italics:
Whenever in this Code or in any ordinance of the city any act or omission is prohibited or
is made or declared to be unlawful or a violation, or whenever in said Code or ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful or a
violation, and no specific penalty is provided therefor, the violation of any such provision
of this Code or any ordinance shall be punishable by a fine not less than twenty-five dollars
($25.00) nor more than one-hundred-dottars-($100-06) one thousand dollars ($1000.00).
Unless specifically provided otherwise, or the context thereof so dictates, each day any
violation of any provision of this Code or any ordinance shall continue shall constitute a
separate offense.
ADOPTED: *
S:\ClerksOffice\Ordinances\2003\Section 1-10 - Penalty. wpd