THE COMMISSIONERS OF THE CITY OF REHOBOTH BEACH ON JUNE 16, 2008, ADOPTED ORDINANCE NO WHICH READS AS FOLLOWS:

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1 Ordinance: Adopted: NOTICE THE COMMISSIONERS OF THE CITY OF REHOBOTH BEACH ON JUNE 16, 2008, ADOPTED ORDINANCE NO WHICH READS AS FOLLOWS: AN ORDINANCE TO AMEND SECTIONS 88-6, 88-14, 88-15, 88-16, 95-2, 95-6, 95-7, 95-8, 95-9, 155-3, , , , , , , , , , 227-6, and OF THE MUNICIPAL CODE OF THE CITY OF REHOBOTH BEACH, DELAWARE, 2001 RELATING TO CIVIL OFFENSES BE IT ORDAINED, by the Commissioners of the City of Rehoboth Beach, in session met, in the manner following to-wit: Section 1. Chapter 88, Section 88-6, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section 88-6 in its entirety and substituting in lieu thereof the following new Section 88-6 to read Noisy animals. No person shall keep any animal that causes frequent or long continued noise so as to disturb the comfort or repose of any person in the vicinity. Any violation of this section is declared to be a nuisance and a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 2. Chapter 88, Section 88-14, Subsection D, of the Municipal Code of Subsection D in its entirety and substituting in lieu thereof the following new Subsection D to read Injury to property; Nuisances. D. Any violation of this section is declared a civil offense pursuant to Section 3. Chapter 88, Section 88-15, Subsection C, of the Municipal Code of Subsection C in its entirety and substituting in lieu thereof the following new Subsection C to read Dogs running at large prohibited.

2 Section 4. Chapter 88, Section 88-16, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section 16 in its entirety and substituting in lieu thereof the following new Section to read as follows: Dogs or other animals prohibited from beach. No person who is the owner or has control of any dog or other animal shall permit or suffer the dog or other animal to go upon the main boardwalk or upon the beach or strand of the city at any time between April 1 of any year until October 31 of any year, both dates inclusive. Dogs or other animals performing some act or function in behalf of any law enforcement agency or branch of the armed forces of this nation and its allies are exempt from this section as well as from This section shall not include Seeing Eye dogs being handled by persons who are legally blind and dogs otherwise assisting handicapped persons. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 5. Chapter 95, Section 95-2, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by adding the following Section F: Dangerous activities on beach prohibited. F. Any violation of this section is declared a civil offense pursuant to Section 6. Chapter 95, Section 95-6, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by adding the following Section C: Sleeping on beach prohibited. Section 7. Chapter 95, Section 95-7, Subsection C, of the Municipal Code of Subsection C in its entirety and substituting in lieu thereof the following new Subsection C to read Surfing on beach prohibited; Exception; Penalty.

3 Section 8. Chapter 95, Section 95-8, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section 95-8 in its entirety and substituting in lieu thereof the following new Section 95-8 to read Glass containers on beach. No glass bottles or containers of any kind shall be permitted on the beach at any time. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 9. Chapter 95, Section 95-9, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section 95-9 in its entirety and substituting in lieu thereof the following new Section 95-9 to read Swimming to or from boats. No person shall be permitted to swim out to or in from a boat off the beach at any time. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 10. Chapter 155, Section 155-3, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section in its entirety and substituting in lieu thereof the following new Section to read as follows: Fishing along beach restricted. No person shall surf fish at any point along the beach or stand immediately east of Surf Avenue or the main Boardwalk during such times as city lifeguards are on duty, except from the jetty north of the Henlopen Hotel a distance of 250 feet north along the beach, which area shall be marked "No Swimming Fishing Only." Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 11. Chapter 198, Section , of the Municipal Code of Rehoboth 14 in its entirety and substituting in lieu thereof the following new Section to read Disrobing in public. No person shall disrobe under the boardwalk, on the beach or in any vehicle while such vehicle is parked upon any public street or way or other public place in plain view of the public. Any violation of this section is

4 declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 12. Chapter 198, Section , of the Municipal Code of Rehoboth 15 in its entirety and substituting in lieu thereof the following new Section to read Changing clothes in comfort station prohibited. No person shall change his clothing from bathing suit to street clothes or otherwise within the comfort stations maintained by the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 13. Chapter 198, Section , of the Municipal Code of Rehoboth 21 in its entirety and substituting in lieu thereof the following new Section to read Disturbing the peace. No person shall disturb the peace and quiet of the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 14. Chapter 198, Section , of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by adding the following Subsection C: Unlawful assemblies. Section 15. Chapter 198, Section , of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by adding the following Subsection C: Disturbing religious worship and lawful assemblies. Section 16. Chapter 198, Section , of the Municipal Code of Rehoboth 30 in its entirety and substituting in lieu thereof the following new Section to read

5 Sleeping on boardwalk. No person shall sleep, lie or occupy as a sleeping quarter, or under the guise of pretending to sleep on the boardwalk, any bench located on the boardwalk in any pavilion located at the end of any street or on any bench located on any street. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 17. Chapter 198, Section , of the Municipal Code of Rehoboth 32 in its entirety and substituting in lieu thereof the following new Section to read Sleeping in automobiles. No person shall sleep in, lie in or occupy as sleeping quarters, or under the guise of pretending to sleep, any vehicle parked or standing on any public street or other public place within the corporate limits of the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 18. Chapter 198, Section , of the Municipal Code of Rehoboth 36 in its entirety and substituting in lieu thereof the following new Section to read Swimming in Lake Gerar. No person shall swim or bathe in the waters of Lake Gerar within the corporate limits of the city. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 19. Chapter 198, Section , of the Municipal Code of Rehoboth 37 in its entirety and substituting in lieu thereof the following new Section to read Use of pavilion on boardwalk. No person shall occupy any pavilion located at the end of any street adjacent to the boardwalk between the hours of 1:00 a.m. and 6:00 a.m. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 20. Chapter 227, Section 227-6, Subsection B, of the Municipal Code of

6 Subsection B in its entirety and substituting in lieu thereof the following new Subsection B to read Depositing rubbish in public places. B. Any violation of this section is declared a civil offense pursuant to Section 21. Chapter 227, Section 227-9, of the Municipal Code of Rehoboth Beach, Delaware, 2001, as amended, is hereby further amended by deleting Section in its entirety and substituting in lieu thereof the following new Section to read as follows: Placement of containers; time limit. The owner or occupier of any given lot shall place all waste material in containers or disposable containers along the curb in front of such lot in order that it may be conveniently collected by the City collection forces. All waste material containers shall be removed from City property within eight hours after the waste shall have been collected. Any violation of this section is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Section 22. If any provision of this Ordinance shall be deemed or held to be invalid or unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not affect any other provision of this Ordinance which may be given effect without such invalid or unenforceable provision, and to this end, the provisions of this Ordinance are hereby declared to be severable. Section 23. This Ordinance shall become effective immediately upon its adoption by the Commission of the City of Rehoboth Beach. Adopted by at least a majority of all Commissioners of the City of Rehoboth Beach, 2008 Secretary of the Commissioners of the City of Rehoboth Beach