TOWN OF BETHANY BEACH - PUBLIC NOTICE


The Bethany Beach Town Council adopted the following ordinances at its meeting held on April 18, 2008.

AN ORDINANCE TO ENACT A NEW CHAPTER 171
“REGULATING OUTDOOR SMOKING IN PUBLIC PLACES”
TO THE TOWN CODE OF BETHANY BEACH

Synopsis

This ordinance amends the Town Code to establish a new Chapter 171 “Regulating Outdoor Smoking In Public Places”. The ordinance prohibits smoking outdoors in certain public places in the town on a year-round basis (those being children’s playgrounds, town parks, and the Boardwalk Plaza area at the east end of Garfield Parkway), and in certain other public places in the town on a seasonal basis, those being the boardwalk and the beach between May 15th through September 15th inclusive, of each year. With regard to the beach, designated and clearly marked “Smoking Permitted” areas are to be established at a number of places along the east side of the dune fence that parallels the ocean to accommodate those beachgoers who desire to smoke. A written warning shall be issued (by any Town Police Officer or Code Official) for a first offense and before any further enforcement actions may be taken. Any person observed violating the ordinance who has been issued a written warning within the past 4 months shall be charged with having committed a second offense and may be issued a summons to appear before the Town Alderman to answer the charge; and any person observed violating the ordinance who has been issued a summons for a second offense within 4 months of receiving the written warning shall be charged with having committed a third (or subsequent) offense and may be taken into custody by a Town Police Officer to appear before the Alderman immediately. Although set forth in the Town’s “Schedule Of Fines And Penalties For Violations Of Town Ordinances; Court Costs”, the penalty for a second offense shall be $100 and for any third or subsequent offense within 4 months of the written warning, the penalty shall be $500. This ordinance became effective upon adoption.

AN ORDINANCE TO AMEND CHAPTER 2 OF THE TOWN CODE,
BEING THE “SCHEDULE OF FINES AND PENALTIES FOR
VIOLATIONS OF TOWN ORDINANCES; COURT COSTS” TO
ESTABLISH PENALTIES FOR VIOLATING CHAPTER 171,
“REGULATING OUTDOOR SMOKING IN PUBLIC PLACES”

Synopsis

This ordinance amends Chapter 2 “Schedule of Fines and Penalties for Violations of Town Ordinances; Court Costs” to establish a penalty of $100 for conviction of a second offense of Chapter 171 of the Town Code (“Regulating Outdoor Smoking In Public Places”) and to establish a penalty of $500 for the third and each subsequent violation. (Under Chapter 171, a “first offense” results in a written warning; to be subject to penalties, a second, third, and subsequent offenses must occur within 4 months of the first offense written warning.) This ordinance became effective upon adoption.

CP 20080425 1T