Rehoboth Beach Civil Citations

[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 6-16-2008 by Ord. No. 0608-01. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 88.

Beaches — See Ch. 95.

Fishing and boating — See Ch. 155.

Peace and good order — See Ch. 198.

Solid waste — See Ch. 227.

§ 88-6 Noisy animals.

[Amended 11-15-2004 by Ord. No. 1104-03; 6-16-2008 by Ord. No. 0608-02]

No person shall keep any animal that causes frequent or long continued noise so as to disturb the comfort or repose of any person in the vicinity. Any violation of this section is declared to be a nuisance and a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 88-14 Injury to property; nuisances.

A. It shall be unlawful for any person owning or possessing a dog to permit such dog to go upon any sidewalk, parkway, street, thoroughfare or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever or to urinate or defecate thereon.

B. It shall be unlawful for any person to cause or permit a dog to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of such excrement to a receptacle located upon the property owned or possessed by such person.

C. The provisions of this section shall not be applicable to any dog performing some act or function on behalf of any law enforcement or branch of the armed forces of this nation nor to any Seeing Eye dog being handled by a person who is legally blind.

D. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Amended 6-16-2008 by Ord. No. 0608-02]

§ 88-15 Dogs running at large prohibited.

[Amended 2-12-1982 by Ord. No. 282-1; Editor's Note: This ordinance also repealed former § 4-15, Dog to be accompanied by owner; leash required. 5-13-1988 by Ord. No. 588-2; 7-12-1991 by Ord. No. 791-1]

A. No owner of any dog shall permit any dog owned or maintained by him to run at large within the corporate limits of the city.

B. Any person who is the owner, custodian or has the control of any dog within the city at all times of each day shall keep such dog either:

(1) Confined within an enclosure from which it cannot escape;
(2) Firmly secured by means of a collar, chain or other device so that it cannot stray from the premises on which it is secured; or
(3) Firmly secured by a leash whenever the dog is off the premises of its owner so that the dog cannot stray from his control and such person shall carry and use a bag or other device to pick up and remove any excrement that said dog shall drop.

[Amended 11-15-2004 by Ord. No. 1104-03]

C. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Amended 11-15-2004 by Ord. No. 1104-03; 6-16-2008 by Ord. No. 0608-02]

§ 88-16 Dogs or other animals prohibited from beach.

[Amended 2-14-1975; 5-9-1986 by Ord. No. 586-1; 10-10-1986 by Ord. No. 1086-2; 5-13-1988 by Ord. No. 588-2; 11-15-2004 by Ord. No. 1104-03; 6-16-2008 by Ord. No. 0608-02]

No person who is the owner or has control of any dog or other animal shall permit or suffer the dog or other animal to go upon the main boardwalk or upon the beach or strand of the City at any time between April 1 of any year until October 31 of any year, both dates inclusive. Dogs or other animals performing some act or function in behalf of any law enforcement agency or branch of the armed forces of this nation and its allies are exempt from this section as well as from § 88-15. This section shall not include Seeing Eye dogs being handled by persons who are legally blind and dogs otherwise assisting handicapped persons. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 95-2 Dangerous activities prohibited on beach.

[Amended 6-10-1983 by Ord. No. 683-3; 3-13-1998 by Ord. No. 398-2]

No person shall engage in any of the following activities or commit any of the following acts on the beach or strand of the city, to the east of the main boardwalk and/or Surf Avenue, during hours when the lifeguards are on duty, except as authorized by the Commissioners:

A. Ball playing, quoit pitching, horseshoe pitching, or any other game or play or activity requiring the participant to throw, toss, hit, pitch or kick any ball, quoit, horseshoe, shuttlecock, stone, rock, sand, pebble or other object which may injure any other person if such other person is struck thereby with force.

B. Throwing, tossing, hitting, pitching or kicking any ball, quoit, horseshoe, frisbee, shuttlecock, stone, rock, sand, pebble or other object which may injure any other person if such other person be struck therewith with force.

C. Engaging in any game, play or pastime requiring the participant to run at such a high speed as to injure any other person if such other person be struck by the participant with force.

D. Running at such a high speed as to injure any other person if such other person be struck by the runner with force.

E. Kites and airborne devices.
(1) Engaging in kite-flying or the use of remote controlled airborne devices.
(2) During the hours which kite-flying is permitted, pursuant to this section, all kites shall be attended to at all times by at least one person per kite, and no kite shall be attached to the boardwalk and/or jetty.

F. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 95-6 Sleeping on beach prohibited.

[Amended 3-10-1989 by Ord. No. 389-1]

A. No person shall sleep, lie or occupy as a sleeping quarter or under the guise or pretending to sleep on any part of the public beaches within the corporate limits of the City between 1:00 a.m. and 5:00 a.m. of the following morning.

B. Persons prohibited from beach. Persons are prohibited from and shall not be on the beach between the hours of 1:00 a.m. and 5:00 a.m., during the period between May 1 and September 30.

C. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 95-7 Surfing on beach prohibited; exception; penalty.

[Amended 3-13-1992 by Ord. No. 392-1]

A. As used in this section, surfboard shall include any board other than an inflated mat or float containing any metal or other hard substance.

B. No person shall use, maintain or operate a surfboard on the beach or in the waters adjacent to the beach within the corporate limits of the city. The terms of this section shall not apply to the use of surfboards in the area north of the northernmost groin on the City's beach to the northernmost limits of the City's beach, which shall be designated as the "SURFING BEACH."

[Amended 11-19-2001 by Ord. No. 1101-1]

C. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Amended 6-16-2008 by Ord. No. 0608-02]

§ 95-8 Glass containers on beach.

[Added 7-11-1986 by Ord. No. 786-9; amended 6-16-2008 by Ord. No. 0608-02]

No glass bottles or containers of any kind shall be permitted on the beach at any time. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 95-9 Swimming to or from boats.

[Added 7-11-1986 by Ord. No. 786-10; amended 6-16-2008 by Ord. No. 0608-02]

No person shall be permitted to swim out to or in from a boat off the beach at any time. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 155-3 Fishing along beach restricted.

[Amended 8-8-1986 by Ord. No. 786-8; 6-16-2008 by Ord. No. 0608-02]

No person shall surf fish at any point along the beach or stand immediately east of Surf Avenue or the main Boardwalk during such times as city lifeguards are on duty, except from the jetty north of the Henlopen Hotel a distance of 250 feet north along the beach, which area shall be marked "No Swimming — Fishing Only." Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-14 Disrobing in public.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall disrobe under the boardwalk, on the beach or in any vehicle while such vehicle is parked upon any public street or way or other public place in plain view of the public. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-15 Changing clothes in comfort station prohibited.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall change his clothing from bathing suit to street clothes or otherwise within the comfort stations maintained by the City. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-21 Disturbing the peace.

[Amended 6-16-2008 by Ord. No. 0608-02; 3-19-2010 by Ord. No. 0310-04]

No person shall disturb the peace and quiet of the City. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Any person who violates this section shall pay a civil assessment of $100.

§ 198-22 Unlawful assemblies.

A. No person shall participate in any unlawful assembly characterized by the use of actual force or violence, the willful destruction of public or private property or any threat to use force or violence, or threaten the willful destruction of public or private property, or any other tumultuous or violent disturbance of the public peace by two or more persons acting together without authority of law.

B. One or more persons may be charged individually with violation of this section, provided that at the trial of such person, it is proved that they are engaged in the above-described unlawful conduct in conjunction with at least two other persons.

C. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 198-23 Disturbing religious worship and lawful assemblies.

A. No person shall disrupt or disturb any congregation or assembly met for religious worship by noise, talking or whispering, or by rude or indecent behavior, or by profane language within their place of worship, or within 300 feet of the place of worship.

B. No person shall disturb any lawful assembly or gathering of people in any public place.

C. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Added 6-16-2008 by Ord. No. 0608-02]

§ 198-30 Sleeping on boardwalk.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall sleep, lie or occupy as a sleeping quarter, or under the guise of pretending to sleep on the boardwalk, any bench located on the boardwalk in any pavilion located at the end of any street or on any bench located on any street. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-32 Sleeping in automobiles.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall sleep in, lie in or occupy as sleeping quarters, or under the guise of pretending to sleep, any vehicle parked or standing on any public street or other public place within the corporate limits of the City. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-36 Swimming in Lake Gerar.

[Amended 6-16-2008 by Ord. No. 0608-02]

No person shall swim or bathe in the waters of Lake Gerar within the corporate limits of the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 198-37 Use of pavilion on boardwalk.

[Added 8-14-1987 by Ord. No. 887-4; amended 6-16-2008 by Ord. No. 0608-02]

No person shall occupy any pavilion located at the end of any street adjacent to the boardwalk between the hours of 1:00 a.m. and 6:00 a.m. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

§ 227-6 Depositing rubbish in public places.

[Amended 7-8-1983 by Ord. No. 783-3]

A. No person shall throw, place or deposit any garbage, trash, rubbish, ashes, refuse or other foreign substance upon any sidewalk, boardwalk, crosswalk, avenue, street, lane, alley, beach, park, strand or other public place or upon any property owned by the City or over which the police power of the City extends.

B. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.

[Amended 6-16-2008 by Ord. No. 0608-02]

§ 227-9 Placement of containers; time limit.

[Amended 6-13-1975 by Ord. No. 675-1; 6-16-2008 by Ord. No. 0608-02]

The owner or occupier of any given lot shall place all waste material in containers or disposable containers along the curb in front of such lot in order that it may be conveniently collected by the City collection forces. All waste material containers shall be removed from City property within eight hours after the waste shall have been collected. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.