Code enforcement constables.

Wilmington City Code § 2-157

in effect

Sec. 2-157. - Code enforcement constables. (a) Appointment. The mayor may appoint the commissioner of licenses and inspections and the deputy commissioner of licenses and inspections and such other employees of the department of licenses and inspections, specifically including the zoning administrator for purposes of the zoning code, the mayor's office, and additional departments, including the department of planning and development and its position of design review and preservation coordinator for purposes of historic district zoning code enforcement, and additional departments as the mayor deems necessary to enforce all ordinances pertaining to building, housing, sanitation or public health, zoning and historic district zoning, specifically including, but not limited to, the provisions of chapters 5, 13, 34 and 48 of this Code. In addition, the mayor and the commissioner of public works may together designate employees of the Wilmington Downtown Business Improvement District, who have been recommended by the district's management, to act as constables, specifically for and limited to the city's code enforcement efforts regarding litter control and trash and garbage placement at curb-side or other designated locations for trash and garbage collection for purposes of assisting the city in its code compliance and code enforcement efforts. (b) Duties; authorities; issuance of citations. The code enforcement constables appointed pursuant to the provisions of this section may enforce the provisions of this Code and those ordinances pertaining to building, housing, sanitation or public health and zoning codes and may do so by issuing written citations, in lieu of arrest, to any person or to the agent for any of the same, for violations of the provisions of such ordinances and codes. The issuance of citations pursuant to this section shall also be a procedure in lieu of, and not in addition to, the issuance of a notice of violation as may be otherwise provided in any of such codes. No citation so issued shall be construed to be a notice of violation as that term is used in any of such codes. (1) The citation for code violations shall be on forms approved by the commissioner of licenses and inspections and shall require the appearance by the person to whom it is issued in the municipal court on the date or within the time specified in the citation; provided, however, that for certain violations as deemed appropriate by the commissioner of licenses and inspections, a violator may pay the fine prescribed for the violation as a voluntary assessment, in lieu of a court appearance, either in person or by mailing the citation and the amount of the fine to the municipal court. If the person to whom a citation has been issued fails to appear in answer to the citation or to pay the fine prescribed for the violation on the date or within the time specified in the citation, a warrant for his arrest may be issued and he may be found in contempt of the municipal court of the city. (2) A code enforcement constable may lawfully issue a citation to any person he has reasonable ground to believe has committed a violation of any building, housing, sanitation or public health or zoning ordinance or code provision, whether the violation was committed in his presence. (c) Limitations of authority. Code enforcement constables appointed pursuant to the provisions of this section shall be authorized to enforce only those provisions of this Code and ordinances pertaining to building, housing, sanitation or public health and zoning. (1) Notwithstanding the provisions of any other law, a code enforcement constable appointed pursuant to the provisions of this section shall not have jurisdiction outside the limits of the city. (2) Code enforcement constables appointed pursuant to the provisions of this section shall not be permitted to carry firearms while on duty as code enforcement constables. (Code 1968, § 20-2.1; Ord. No. 97-025, § 1, 4-17-97; Ord. No. 97-049, § 1, 7-10-97)

Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTIVOFEM_DIV1GE_S2-157COENCOFetched: 11/6/2026