Regular City Council Meeting
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Jun 8, 1953 at 1:00 AM

REGULAR MEETING

June 8, 1953

The regular meeting of City Council was held Monday, June 8, 1953, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Biddle, Davis, Helm, Holpp, Mundy, Petty, Smith and Tischer.

MINUTES

Minutes of the last regular and two special meetings were accepted as read.

REPORTS

Report of the City Manager was accepted as read. Council directed that future reports indicate the amount due the general fund from the Improvement Fund.

Report of the Chief of Police was accepted as read.

Report of Magistrate Dempsey was accepted as read. A check in the amount of $688.70 was remitted to the City.

Report of the Robbins Hose Fire Recorder was accepted as read.

ORDINANCE

By unanimous vote Council passed the following ordinance:

AN ORDINANCE LIMITING THE TIME FOR THE PARKING OF MOTOR VEHICLES ON THE GREEN IN THE CITY OF DOVER AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

Be It Ordained By The Council Of The City Of Dover In Council Met:

Section 1. The parking of vehicles on The Green in The City of Dover on any day except Sundays and legal holidays between the hours of 9:00 A.M. and 4:00 P.M. is hereby limited as follows:

The spaces for three cars on the south side of The Green in front of the Kent County Courthouse immediately east of State Street, fifteen minutes; All other portions of The Green, two hours.

From ans after the passage and approval of this ordinance it shall be unlawful for any person to park any vehicle on The Green in The City of Dover for a period of time longer than the times hereinabove set forth.

Section 2. Any person convicted of a violation of this ordinance shall be fined not less than One ($1.00) Dollar nor more than Twenty-five ($25.00) Dollars or upon failure to pay such fine shall be imprisoned not more than five (5) days.

Passed June 8, 1953.

Approved:

                  Clerk of Council                                                                             Mayor

Council directed that residents of the Green who opposed the ordinance be notified that reports of hardship caused by the ordinance would be welcomed by the Hearing Committee.

Council further directed that no exceptions be made to the two hour parking limitation in various parts of the City.

SOLICITING

Council referred to the committee on business licenses the problem of preparing an ordinance to control soliciting.

CITY MANAGER REPORT

The City Manager reported on negotiations for the purchase of a turbo-generator and condenser, on the installation of the Pennsylvania Avenue storm sewer, proposed street pavings and water line installations.

INSTALLATION OF CURB

Council authorized the City Manager to proceed with installation of curb on the Ellis property on the northwest corner of Pennsylvania Avenue and Rodney Road and assessing the cost to the property. The City Manager will obtain three estimates prior to ordering a contractor to proceed.

RESTMERE AND DERRICKSON PROJECTS

Council discussed the extension of sewer and water facilities to the Restmere and Derrickson projects and probable routes. Council rejected routes proposed by developers at Restmere and directed that any sewer extension follow King’s Highway. The City Manager was authorized to negotiate with both parties for the installation of sewer and water.

ORDINANCE

By unanimous vote, Council passed the following ordinance:

AN ORDINANCE TO AMEND CHAPTER XX OF THE ORDINANCES OF THE CITY OF DOVER BY PROVIDING ADDITIONAL CRIMES IN THE CITY OF DOVER AND SETTING PENALTIES THEREFOR.

Be It Ordained By The Council Of The City of Dover In Council Met:

Section 1. That Chapter XX of the Ordinances of The City of Dover, entitled “Crimes and Punishments,” be and the same is hereby amended by adding the end of the said Chapter the following sections to be known as sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31.

Section 21. Disorderly Conduct. It shall be unlawful for any person to brawl, quarrel, or use abusive, obscene, threatening or profane language in a loud tone of voice within the City of Dover. Any person who shall be convicted of a violation of this section shall be fined not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars and in default of payment of said fine shall be imprisoned not more than thirty (30) days.

Section 22. Assault and Battery. Any person who shall commit any assault or battery upon any person within the City of Dover shall be fined not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars and in default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 23. Carrying Concealed Deadly Weapon. No person shall carry concealed upon or about his person a deadly weapon, other than an ordinary pocket knife, within the City of Dover unless such person shall hold a license permitting him so to do in accordance with the laws of the State of Delaware. Any person convicted of a violation of this section shall be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars and in default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 24. Any person who shall hold or take part in any loud and noisy party or shall operate any phonograph, radio, or similar machine for the reproduction of music or sound in a loud manner so that the same shall constitute an annoyance to his neighbors within the City of Dover shall be deemed guilty of a nuisance and upon conviction thereof shall be fined not less than Five ($5.00) Dollars nor more than Twenty-five ($25.00) Dollars and in default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 25. Petit Larceny. Any person in the City of Dover who shall unlawfully steal, take, and carry away any goods, chattels or effects, money, bank notes, or bills, promissory notes, bills of exchange, checks, orders, bonds, obligation, written securities, warrants of attorney, certificates, releases, receipts or other instruments of the value of less than Twenty-five ($25.00) Dollars shall be deemed guilty of petit larceny and upon conviction thereof shall be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars and upon default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 26. Fortune Telling. No person shall pretend to exercise the art of witchcraft, conjuration, fortune telling, or dealing with spirits in the City of Dover, nor shall any person solicit or offer to exercise the said arts or aid or abet another pretending to exercise the said arts in the said City of Dover. Any person convicted of a violation of this section shall be fined not less than Twenty-five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars and upon default of payment of such fine shall be imprisoned for not more than thirty (30) days.

Section 27. Numbers and Lotteries. No person shall himself or by a servant or agent or as the servant or agent of another sell or dispose of or have in possession with the intent to sell or dispose of, in the City of Dover, any lottery policy, certificate, or number, or anything by which such person or any other person promises that any particular number, character, ticket, or certificate shall on the happening of any contingency in the nature of a lottery entitle the purchaser or holder thereof to receive, money, property, or evidence of debt, nor shall any person use or employ any other device by which said person or any other person promises or guarantees as aforesaid. Any person convicted of a violation of this section shall be fined not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars and upon default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 28. Playing Numbers or Lotteries in the City of Dover. No person shall buy any lottery policy, certificate, or number, or anything by which any person promises or guarantees that any particular number, ticket, character, or certificate shall on the happening of any contingency in the nature of a lottery entitle the purchaser or holder thereof to receive money, property, or other evidence of debt. Any person convicted of a violation of this section shall be fined not less than Five ($5.00) Dollars nor more than Twenty-five ($25.00) Dollars and upon default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 29. Book Making. It shall be unlawful for any person in the City of Dover to keep, exhibit or use or be concerned in interest in keeping, exhibiting, or using any books, device, machine, apparatus, or paraphernalia for the purpose of receiving, recording or registering bets or wagers upon the result of any trial or contest in the City of Dover or elsewhere of skill, speed or power of endurance of man or beast, or to record or register any such bet or wager, or to receive or agree to receive any money or thing of value for the purpose or with the intent to bet or wager, for himself or ant other person or persons, such money or thing of value or any part thereof, or the equivalent thereof or any part thereof, upon the result of any trial or man or beast, or to be concerned in interest therein, provided that the provisions of this section shall not apply to betting or wagering upon any horse race within the enclosure of any race meeting licensed by the Delaware Racing Commission. Any person convicted of a violation of this ordinance shall be fined not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars and in default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 30. Placing Bets. It shall be unlawful in the City of Dover for any person to make or place any bet or wager upon the result of any trial or contest in the City of Dover or elsewhere of skill, speed, or power or endurance of man or beast. Any person convicted of a violation of this section shall be fined not less than Five ($5.00) Dollars nor more than Twenty-five ($25.00) Dollars and in default of payment of such fine shall be imprisoned not more than thirty (30) days.

Section 31. Letting Premises for Book Making. It shall be unlawful for any person to let or demise any house or building or any part thereof, in the City of Dover, knowing that the same is or are to be used for the purpose of gaming, or to suffer, or permit any such house or other building, or any part thereof, of which he, she or they have the possession or control, to be occupied or used for the purpose of gaming. Any person violating the provisions of this ordinance shall be fined not less the Ten ($10.00) Dollars nor more than Twenty ($20.00) Dollars and in default on payment of such fine shall be imprisoned not more than thirty (30) days.

In addition to the penalty hereinabove provided for violation of this section the Alderman may in his discretion order the house or other building or part thereof let or demised for the purpose of gaming or suffered or permitted to be used for such purpose to be closed up and padlocked by the Chief of Police of the City of Dover for the period of not more than two weeks for the first offense under this section, for the period of not more than thirty days for the second offense under this section, and for a period of not more than six months for the third and succeeding offenses under this section.

Passed June 8, 1953.

Approved:

                  Clerk of Council                                                                             Mayor

THOMAS E. BAKER

Thomas E. Baker requested a salary increase from the City Council. The matter to the City Manager for his action.

POLICE

Council approved the employment of two policemen, one of whom will be a replacement for Sergeant Whitney, who has resigned.

BICYCLES

The Chief of Police was directed to study some method of control of bicycles and report his recommendation to Council.

FINANCIAL STATEMENTS

Council directed that effective with the new fiscal year, the monthly report of the City Manager include a financial statement reporting the state of the budget.

AUDIT

Council directed that the annual audit of the City accounts include a spot check of accounts receivable, i,e., confirmation of accounts by debtors.

Council adjourned at 11:25 P.M.

F. Neylan

City Clerk