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Delaware Statutes, Title 9

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Delaware/Statutes

← All Delaware coverage

Title 9, Counties

65 chapters · 1,337 sections in this title.

All chapters in Title 91,337 Ch 5, SUBURBAN COMMUNITY IMPROVEMENTS65 Ch 11, COUNTY EXECUTIVE AND COUNTY COUNCIL62 Ch 13, COUNTY DEPARTMENTS61 Ch 46, Sewers and Sewer Districts61 Ch 83, VALUATION AND ASSESSMENT OF PROPERTY59 Ch 87, COLLECTION OF DELINQUENT TAXES54 Ch 41, GOVERNMENT OF KENT COUNTY43 Ch 3, COUNTY GOVERNMENTS GENERALLY42 Ch 49, ZONING41 Ch 69, ZONING41 Ch 7, PARK DISTRICTS40 Ch 22, SEWERS37 Ch 45, SEWERS AND WATER35 Ch 6, SUBURBAN PARKS AND RECREATION32

42 sections·Filtered byTitle 9✕Ch 3✕

9 Del. C. § 301. Composition of county governments; change of terminology as to New Castle County.
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§ 301. Composition of county governments; change of terminology as to New Castle County. (a) There shall be a county government in Kent County which shall consist of not less than 3 members. (b) The government of New Castle County shall be as provided in Chapter 11 of this title.…
9 Del. C. § 302. Officers and employees holding other offices.
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§ 302. Officers and employees holding other offices. (a) No receiver of taxes and county treasurer or sheriff shall, during a term of office, be a member of the county government. (b) No member of the county government shall, during that member’s term of office, be appointed or e…
9 Del. C. § 303. Vacancies in county government.
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§ 303. Vacancies in county government. (a) In case of a vacancy in the county government, for any cause, the members of that county government may, by a majority vote of the remaining members, fill that vacancy temporarily pending a special election to fill the vacancy. (b) The s…
9 Del. C. § 304. County government; supplies for county officers.
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§ 304. County government; supplies for county officers. Each county government shall furnish to county officers necessary record books, cases, seals and supplies for the use of their respective offices.Code 1915, § 1084; Code 1935, § 1246; 9 Del. C. 1953, § 343; 55 Del. Laws, c. …

9 Del. C. § 305. Capitation tax.

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§ 305. Capitation tax. (a) (1) The government of Kent County annually at a meeting held during the month of April may fix and determine the amount of the capitation tax which the Board of Assessment may assess for the following year. (2) The government of Sussex County annually a…

9 Del. C. § 306. Agritourism activities on farms.

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§ 306. Agritourism activities on farms. (a) “Agritourism activity” means any activity that allows members of the general public to view or enjoy rural activities, including: farming; ranching; wineries; historical, cultural or harvest-your-own activities; guided or self-guided to…

9 Del. C. § 307. Woods Haven School for Girls; appropriations [Repealed].

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§ 307. Woods Haven School for Girls; appropriations [Repealed]. Repealed by 64 Del. Laws, c. 73, § 1, effective June 27, 1983.

9 Del. C. § 308. Children’s Bureau of Delaware; appropriations.

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§ 308. Children’s Bureau of Delaware; appropriations. The county governments of Kent County, of New Castle County and of Sussex County, shall have authority to make an appropriation, or appropriations, annually to the Children’s Bureau of Delaware in aid of the objects of the cor…

9 Del. C. § 309. Ambulance, fire protection and police services; appropriations.

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§ 309. Ambulance, fire protection and police services; appropriations. (a) The county governments of Kent County, of New Castle County and of Sussex County may appropriate annually the sum of $750 to each fire company in their respective counties outside the limits of the City of…

9 Del. C. § 310. Parking spaces for use by persons with disabilities.

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§ 310. Parking spaces for use by persons with disabilities. (a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and ar…

9 Del. C. § 311. Insurance and workmen’s compensation for county employees.

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§ 311. Insurance and workmen’s compensation for county employees. (a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable insurance company or companies doing business in the State to insure the employees or…

9 Del. C. § 312. Continuance of system of personnel administration.

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§ 312. Continuance of system of personnel administration. If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall be regarded as repealing any provisions of this title which may be inconsistent therewit…

9 Del. C. § 313. Use of mobile homes on farms.

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§ 313. Use of mobile homes on farms. Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be …

9 Del. C. § 314. Award of contracts for public work or goods.

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§ 314. Award of contracts for public work or goods. (a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the accou…

9 Del. C. § 315. Records open to inspection.

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§ 315. Records open to inspection. The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and w…

9 Del. C. § 316. Fines and forfeitures payable to county; neglect to pay over; penalty.

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§ 316. Fines and forfeitures payable to county; neglect to pay over; penalty. (a) All fines and forfeitures not especially otherwise appropriated shall belong to the county in which such fines or forfeitures may be imposed or incurred. (b) They shall be paid to the treasurer of t…

9 Del. C. § 317. Title to real estate owned by county.

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§ 317. Title to real estate owned by county. (a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held by a county as heretofore provided by this section is hereby changed to the name of the county. (…

9 Del. C. § 318. Legal proceedings.

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§ 318. Legal proceedings. All suits, actions or proceedings brought by the government of Kent County, in and about the administration of the government of the county, shall be in the name of the government of Kent County. All such suits, actions or proceedings brought by the gove…

9 Del. C. § 319. Review of comprehensive plans.

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§ 319. Review of comprehensive plans. At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised…

9 Del. C. § 320. Property tax credits for individuals with disabilities.

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§ 320. Property tax credits for individuals with disabilities. (a) The county government of New Castle County shall provide for an exemption to real property taxes for an individual with a disability as follows: (1) For an individual with a disability, an exemption that at least …

9 Del. C. § 321. Notice of violation; manufactured home community.

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§ 321. Notice of violation; manufactured home community. If a county government finds a violation of a health or safety provision or requirement, adopted by the county government, in a manufactured home community, the county government must send a copy of the notice of the violat…

9 Del. C. § 322. Composting.

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§ 322. Composting. (a) The composting of yard waste, food residuals, and other organic materials for commercial purposes must be allowed on private properties zoned for agricultural conservation, outside the growth zone, and consisting of 4 acres or more. (b) A county government …

9 Del. C. § 330. General powers and duties.

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§ 330. General powers and duties. (a) The county government of each county shall: (1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and (2) Have full and complete jurisdiction over all matt…

9 Del. C. § 331. Tie vote in election; appointment by Governor.

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§ 331. Tie vote in election; appointment by Governor. Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which t…

9 Del. C. § 332. Traveling expenses [Repealed].

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§ 332. Traveling expenses [Repealed].33 Del. Laws, c. 72, § 3; Code 1935, § 1154; 9 Del. C. 1953, § 310; 71 Del. Laws, c. 401, § 4; repealed by 78 Del. Laws, c. 249, § 1, eff. June 5, 2012.;

9 Del. C. § 333. Oath of office.

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§ 333. Oath of office. The oath or affirmation of office to be taken by an elected official of the county governing body may be administered by the clerk of the peace or any such elected official and an entry thereof shall be made in the minutes of the county governing body.Code …

9 Del. C. § 334. Organization meeting; election of president.

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§ 334. Organization meeting; election of president. (a) The governing bodies of the respective counties shall meet for organization on the first Tuesday in January following the biennial general election, or on the date specified by ordinance in the respective county. (b) After t…

9 Del. C. § 335. Regular meetings [Repealed].

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§ 335. Regular meetings [Repealed]. Repealed by 65 Del. Laws, c. 450, § 1, effective July 8, 1986.

9 Del. C. § 336. Special meetings.

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§ 336. Special meetings. (a) Special meetings of any governing body may be held at the direction of its president or any 2 members. (b) The clerk of the peace shall notify each elected official of a county governing body of any special meeting. In New Castle County the Clerk of C…

9 Del. C. § 337. Quorum [Repealed].

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§ 337. Quorum [Repealed]. Repealed by 65 Del. Laws, c. 450, § 2, effective July 8, 1986.

9 Del. C. § 338. Adjournment.

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§ 338. Adjournment. Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the cler…

9 Del. C. § 339. Rules.

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§ 339. Rules. The governing body of each county may make rules for its government not inconsistent with the Constitution and laws of the State.21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 3; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1015, 1038, 1047; 28 Del. Laws, c. 76, § 3; 3…

9 Del. C. § 340. Attorneys for governing body.

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§ 340. Attorneys for governing body. The governing body in each county may employ legal counsel.Code 1915, § 1054; Code 1935, § 1218; 9 Del. C. 1953, § 318;

9 Del. C. § 341. Bailiffs to governing body; constables.

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§ 341. Bailiffs to governing body; constables. The governing body in each county may select and require 2 constables of the county to attend its sittings, as bailiffs, who shall attend the same and obey all the reasonable requirements of the governing body under penalty of $10, t…

9 Del. C. § 342. Fiscal year for counties and county agencies.

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§ 342. Fiscal year for counties and county agencies. (a) The fiscal year of the governing body of each county shall begin on July 1 of each calendar year and end on June 30 of the succeeding calendar year. (b) All county departments, bureaus, divisions, offices, boards, commissio…

9 Del. C. § 343. Form of accounts and warrants.

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§ 343. Form of accounts and warrants. The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and shall have power to determine the form of all warrants to be drawn in payment of demands.Code 1852, § 106; Code…

9 Del. C. § 344. Rejection and forfeiture of assigned claims.

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§ 344. Rejection and forfeiture of assigned claims. If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing body shall reject it and the same shall be forfeited.Code 1852, § 117; Code 1915, § 1077; Code …

9 Del. C. § 345. Dealing in county warrants by elected officials.

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§ 345. Dealing in county warrants by elected officials. No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn in favor of any other person.22 Del. Laws, c. 273, § 4; Code 1915, § 1024; 28 Del. Laws, c…

9 Del. C. § 346. Gifts or rebates; penalty.

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§ 346. Gifts or rebates; penalty. Whoever, by special contract or otherwise, does or performs any work, labor or service of any kind for, or furnishes any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description, to or for the use of any …

9 Del. C. § 347. Investigation; power to compel attendance of witnesses and to administer oaths.

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§ 347. Investigation; power to compel attendance of witnesses and to administer oaths. (a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the county governing body to give information relative to their duti…

9 Del. C. § 348. Annual audit; qualifications and selection of auditors.

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§ 348. Annual audit; qualifications and selection of auditors. (a) The county government shall procure the services of 1 or more certified public accountants to audit the accounts of the county at the end of its fiscal year. (b) Every certified public accountant employed under su…

9 Del. C. § 349. Public advertising and notices.

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§ 349. Public advertising and notices. Notwithstanding any provision to the contrary, public advertising and notices by any county in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or other web…