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CapeGazette.com - Covering Delaware's Cape Region
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Cape Gazette
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Mon, Jun 23, 2008
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Rehoboth Beach commissioners enact civil offense ordinance

By Ryan Mavity
ryanm@capegazette.com

The job of the Rehoboth Beach Police Department got a little easier after Monday, June 16, as the city commissioners changed several offenses from criminal to civil matters.

What that means for the police is if a person’s dog is running loose, instead of arresting the owner and scheduling an appearance in Alderman’s Court or Court of Common Pleas in Georgetown, the police can now simply issue a $25 fine, although some offenses can carry a higher fine.

Among the list of criminal offenses that were changed to civil offenses are: noisy animals, dogs running at large, dogs on the beach, sleeping on the beach, disrobing in public, disturbing the peace and swimming in Lake Gerar.

Any person who commits a civil offense can pay the $25 fine or request a hearing in Alderman’s Court within 15 days. Anyone judged guilty in Alderman’s Court must pay court costs of $50, and offenders that do not respond within 15 days will have to pay additional fines.

The ordinance was written by Chief Keith Banks and city solicitor Glenn Mandalas and came in two parts. The first ordinance laid out the fines and the applicability of the ordinance, while the second dealt with the offenses themselves. The commissioners approved the first ordinance by a 6-0 vote with Commissioner Dennis Barbour recusing himself because he is currently involved in a criminal case related to noisy animals.

The second ordinance passed 5-1, with Commissioner Pat Coluzzi voting no and Barbour again recusing himself.

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