§ 2902 — Duties; limited authority

Delaware § 2902

• Jurisdiction: Delaware
• Title: 10
• Part: Court Officers and Employees
• Ch. 29: CODE ENFORCEMENT AND ANIMAL WELFARE OFFICERS

Text

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

(b) Notwithstanding any other law, a code enforcement constable appointed pursuant to this chapter shall not have jurisdiction outside the limits of the county or municipal corporation employing such constable. Provided, however, that a code enforcement constable appointed by the Housing Director shall have jurisdiction throughout the State to enforce the provisions of the State Housing Code in a county or municipality which has not adopted and/or undertaken to enforce the State Housing Code after July 12, 1988. In addition to the other powers set forth herein, such housing code enforcement constables may impose a voluntary assessment of $100 in cases involving first offenders of the State Housing Code.

(c) Code enforcement constables appointed pursuant to this chapter shall not be permitted to carry firearms while on duty as such.

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

(e) Any summons issued by a housing official with constable powers may, in cases involving first offenders, provide that in lieu of appearing in court, the offender may remit a voluntary assessment of $100.

(f) Any summons issued by a New Castle County code enforcement constable may provide that, in lieu of appearing in court, the offender may correct the offense and remit a voluntary assessment of up to $200 for each offense against any ordinance pertaining to building, housing, sanitation, zoning or public health code of New Castle County. The summons may provide that each day such violation continues shall constitute a separate offense.

Legislative History

65 Del. Laws, c. 364, § 1 ; 66 Del. Laws, c. 218, §§ 1, 2 ; 67 Del. Laws, c. 386, §§ 18, 19 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 212, § 1 ; 77 Del. Laws, c. 251, §§ 4-6 ; 80 Del. Laws, c. 248, § 8