Crime goes civil in Dewey Beach

The reason for the change, says Mayor Dell Tush, is to improve enforcement, alleviate a burden on the police department and make the town more tourist-friendly.

Following several months of discussion, the commissioners unanimously approved an ordinance instituting the change during their Dec. 6 meeting, effectively ending the days when almost every offense was a criminal matter that required arresting violators. Next year, many minor offenses will result in citations.

Commissioner Marc Appelbaum said he supports the change because it will be more organized and efficient and was endorsed by the aldermen and police chief. Commissioners Rich Hanewinckel, Diane Hanson and Marty Seitz also focused on enhanced efficiency and cost reductions.

Police Chief Sam Mackert told commissioners that arresting and booking a prisoner are time-consuming, sometimes making it inefficient for an officer to enforce ordinances regarding minor offenses.

Arrests not required

Commissioner Diane Hanson said she sees no need for police to arrest people for such crimes as littering. Commissioner Marc Appelbaum said freeing up police time and not requiring officers to appear in criminal court would save the town money while improving enforcement, and imposing additional fines would enhance revenue.

In addition to police, Building Official Bill Mears and Dewey Beach Patrol Capt. Todd Fritchman and his lieutenants will be authorized to issue citations for civil offenses.

Hearings on civil offenses take place in Alderman’s Court, which Tush said will also save time and money. Asked whether a person can choose to have his $250 fine argued before an impartial forum, town attorney Glenn Mandalas said there is no right of direct transfer to the county or state court system, but if the fine is over $100, there is a right of appeal.

Dewey criminal ordinances changed to civil

The following acts that were previously considered criminal offenses are now civil offenses in Dewey Beach. Fine amounts are included where indicated within the ordinance. In addition to fines, those found to have violated the ordinances are subject to an additional assessment of 19 percent of any fine imposed and a $55 court cost. The town council intends to raise all fines for alcohol-related offenses.

Acts that now constitute civil offenses include:

Failure to register an exterior alarm system; fine $50 to $500.

Having an exterior alarm system cause three or more false alarms in a calendar year; fines range from $25 for three false alarms to $800 for eight.

Being on the beach between 1 and 5 a.m. during the summer season; fine, $100 to $200.

Permitting a dog or other animal on the beach between 9:30 a.m. and 5:30 p.m. during the summer season; fine, $100 to $200.

Surf fishing when bathers are within 100 feet between 10 a.m. and 5 p.m. during the summer season; fine. $100 to $200.

Having any of the following on the beach: drinking funnels, more than three beverage containers unless in bulk metal or hard plastic containers, more than three empty beverage or food containers, or glass containers; fine, $100 to $200.

Having a beach fire without a permit or failing to extinguish a permitted fire and clean the beach by 11 p.m.; fine, $100 to $200.

Keeping, anchoring or maintaining a boat in a public beach between 10 a.m. and 5 p.m. during the summer season without prior written consent from commissioners; fine, $100 to $200.

Launching or landing motorized boats including jet skis and sailboats with auxiliary motors from any ocean beach areas during the summer season; fine, $100 to $200.

Launching or landing nonmotorized boats from any ocean beach areas between 10 a.m. and 5 p.m. during the summer season; fine, $100 to $200.

Swimming out to or from a boat off the beach at any time; fine, $100 to $200.

Driving a vehicle on the beach during the summer season or entering or exiting the beach at any location other than Chicago Street off-seaOrdinances
son; fine, $100 to $200.

Playing volleyball activities and games outside of designated volleyball areas as established by Dewey; fine, $100 to $200.

Erecting private volleyball posts on public beach areas; fine, $100 to $200.

Adults or teenagers over the age of 13 engaging in sports activities involving airborne objects other than volleyballs between 11 a.m. and 3 p.m. on weekends and holidays; fine $100 to $200.

Using a surfboard or skim board, or similar water sport devices within 100 feet of bathers or using them at all between 11 a.m. and 3 p.m. on weekends and holidays; fine $100 to $200.

Entering the beach or waters during anytime it has been determined to be unsafe and closed by the Dewey Beach Patrol; fine $100 to $200.

Conducting any type of business, including selling, hiring, renting or providing services, on the beach without a license; fine $100 to $200.

Engaging in any land use or building construction, repair, remodeling or demolition without proper permits; fine $100 to $500 for each day the violation continues.

Failure within 30 days to establish and prominently display a building’s number as assigned by the U.S. Postal Service.

Carrying an open container or consumption of an alcoholic beverage in public areas by an adult.

Conducting any commercial activity on a street or public right-of-way in Dewey without a license.

Littering or allowing trash to accumulate on private property and failing to clean it up upon 24 hours’ notice.

Failing to clean up defecation by a dog or other domesticated animal on public property or the property of another.

Sleeping, lying in or otherwise using for sleeping quarters any vehicle parked on any street or public place.

Failure to obtain an annual business license within 10 days of commencement of business operations.

Disposing of garbage in public areas and on the private property of others, fine up to $100 for each day violation continues.