Chapter 29. Code Enforcement Constables
TITLE 10
Courts and Judicial Procedure
Court Officers and Employees
CHAPTER 29. CODE ENFORCEMENT AND ANIMAL CONTROL CONSTABLES
§ 2901. Appointment.
The chief executive officer of any county or municipal corporation, or the Housing Director, in the case of the enforcement of the State Housing Code contained in Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement and animal control constables as shall be necessary to enforce all ordinances pertaining to building, housing, sanitation, animal control or public health codes.
65 Del. Laws, c. 364, § 1; 67 Del. Laws, c. 386, § 17; 77 Del. Laws, c. 251, §§ 2, 3.;
§ 2902. Duties; limited authority.
(a) The code enforcement and animal control constables appointed pursuant to this chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, animal control or public health.
(b) Notwithstanding any other law, a code enforcement and animal control 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 and animal control 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 or animal control 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.
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.;
§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.
Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in Sussex County shall be issued except upon probable cause supported by oath or affirmation as required by Article I, § 6 of the Delaware Constitution of 1897.
71 Del. Laws, c. 262, § 1.;