Lewes establishing fines for civil offenses

As a homeowner in the City of Lewes, one can technically be sent to jail for not having grass trimmed to the proper length. Seriously.

Lewes Police Chief Thomas Spell may have more pressing issues at hand, but the law, as it is written today, does not allow for a simple fine for such violations. 

Mayor and city council don’t believe that’s fair and are hoping to establish a civil offense ordinance so people are not jailed like a father in Rehoboth Beach a few years back. According to City Solicitor Glenn Mandalas, the man was with his 4-year-old son walking his dog along the Boardwalk during the summer season, which is illegal. When the forbidden act of dog walking was noticed by a police officer, the man was arrested and taken away in a police car to be booked. Mandalas said Rehoboth Beach officials felt this was not justice and looked into establishing a civil offense ordinance so people would be fined rather than charged for violations of the municipal ordinance.

Charges establish or add to criminal records, which can have serious consequences for the violator. A civil offense is still punitive, but it does not create or build upon a criminal record, allowing enforcement officers and residents to resolve disputes without any lingering or unnecessary consequences. Officials said while this does make enforcement easier, it reduces the harshness of penalties for violations. 

Preliminary discussions have hinted at the first violation being a verbal warning, giving a deadline to correct the problem. If the situation has not been remedied within the proposed 10 days, a $100 fine would be assessed, followed by a $200 fine if another 10 days passes. 

City Manager Ann Marie Townshend said when dealing with grass, the city will likely mow and charge the owner before too many days have passed, and Planning and Building Manager Janelle Cornwell said overgrown trees will likely be trimmed following a third violation. For those working without building permits, a stop-work order will be placed immediately on a property. There are a plethora of other violations that will be tabbed civil rather than criminal, and an extensive review of all violations and penalties in the municipal code has been taking place since early summer.

Cornwell said a review of all of the violations and penalty sections for the entire code is necessary because some of them haven’t been updated since 1980, while others have never been updated. The building department will be coordinating with the Lewes Police Department about the best ways to handle enforcement.

“We’re going to meet with the police department because there’s a lot of stuff that the police department has control over and we want to make sure everything’s right,” Cornwell said.

The meeting will take place later this month. The hope is to have mayor and city council review the framework of the ordinance at its November workshop. Officials would need to establish a new chapter in the code and amend every section of code that has a violation penalty. Townshend said department managers will meet collectively Thursday, Oct. 20.

If passed, Lewes will join Rehoboth Beach, Dewey Beach and Henlopen Acres in having a civil offense ordinance.