Goto previous pageGoto next page
pg. 118

Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 28. JUSTICE OF THE PEACE CONSTABLES
Sec. 2805. Residence requirement.

Sec. 2805. Residence requirement. (3343)(Text)

Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant. (3344)

(10 Del. C. 1953, Sec. 2807; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 73 Del. Laws, c. 161, Sec. 1.) (3345)

Sec. 2806. Training. (3346)(Text)

Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addition, justice of the peace constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a justice of the peace constable must meet the minimum standards established by the Council on Police Training for part-time police officers or the equivalent thereof approved by the Board. (3347)

(65 Del. Laws, c. 411, Sec. 1.) (3348)

Sec. 2807. Prohibited activities and employments. (3349)(Text)

A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice, or engage in the private security business or hold any state office, or be employed by the State in any other capacity. (3350)

(65 Del. Laws, c. 411, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3351)

Sec. 2808. Jurisdiction. (3352)(Text)

The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State. (3353)

(10 Del. C. 1953, Sec. 2808; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, Sec. 1.) (3354)

Courts and Judicial Procedure Court Officers and Employees (3355)

CHAPTER 29. CODE ENFORCEMENT AND ANIMAL CONTROL CONSTABLES (3356)(Text)

Sec. 2901. Appointment. (3357)(Text)

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. (3358)

(65 Del. Laws, c. 364, Sec. 1; 67 Del. Laws, c. 386, Sec. 17; 77 Del. Laws, c. 251, Sec.Sec. 2, 3.) (3359)

Sec. 2902. Duties; limited authority. (3360)(Text)

(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. (3361)

(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. (3362)

(c) Code enforcement and animal control constables appointed pursuant to this chapter shall not be permitted to carry firearms while on duty as such. (3363)

(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. (3364)

(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. (3365)

(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. (3366)

(65 Del. Laws, c. 364, Sec. 1; 66 Del. Laws, c. 218, Sec.Sec. 1, 2; 67 Del. Laws, c. 386, Sec.Sec. 18, 19; 70 Del. Laws, c. 186, Sec. 1; 75 Del. Laws, c. 212, Sec. 1; 77 Del. Laws, c. 251, Sec.Sec. 4- 6.) (3367)

Sec. 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist. (3368)(Text)

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, Sec. 6 of the Delaware Constitution of 1897. (3369)

(71 Del. Laws, c. 262, Sec. 1.) (3370)

Courts and Judicial Procedure Procedure (3371)

CHAPTER 31. PROCESS; COMMENCEMENT OF ACTIONS (3372)(Text)

Sec. 3101. Date and return of writs commencing actions. (3373)(Text)

Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by statute. (3374)

Goto previous page118Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.