REGULAR MEETING
July 12th, 1943
The Regular Meeting of the City Council of the City of Dover was held on the 12th day of July, 1943. The meeting was called to order by Mayor Woodford at 7:30 P. M., and on roll call the following members answered “PRESENT”: Messrs. LeFevre, Keith, Hartnett, Burton, Hinkle, and Vane.
MINUTES
Upon motion of Messrs. Burton and Keith, the reading of the minutes of the last regular and special meetings was dispensed with.
CITY MANAGER’S REPORT
The City Manager’s report for the month of June was read by the Clerk and accepted upon motion of Messrs. Burton and Hinkle. Upon motion of Messrs. Keith and Burton, the City Manager was authorized to strike off the outstanding taxes from 1934 to 1937 inclusive, from the City Records. Upon motion of Messrs. Keith and Hartnett, the City Council instructed the City Manager to increase all salaries of regular City employees, ten (10%) per cent, for the duration of the war.
FINANCIAL REPORT
The Financial Report for the month of June was read by the Clerk and accepted upon motions of Messrs. Burton and Keith.
ALDERMAN’S REPORT
The Alderman’s Report for the month of June was read by the Clerk and accepted upon motion of Messrs. Burton and Hinkle. A check amounting to $277.00 was turned over to the City Manager with the report of thirty-six (36) arrests.
POLICE REPORT
The Report of the Chief of Police was read by the Clerk and approved upon motion of Messrs. Burton and Hinkle.
BOARD OF HEALTH REPORT
The semi-annual Report of the activities of the City Board of Health was read by the Clerk and approved upon motion of Messrs. Keith and Hinkle.
CONDEMNATION OF PROPERTY
Upon motion of Messrs. LeFevre and Burton, the City Council condemned the property belonging to Anna Lyons, % Walter Minner, 5203 Haverford Ave., Philadelphia, Pa., (House on Loockerman St.), as a fire hazard, and instructed the City Manager to notify the owner that this property would have to be repaired or removed at once. Upon motion of Messrs. Keith and Vane, the City Council condemned a shed attached to the property at No. 440 Fulton St. with instructions that the City Manager notify the owner to have this shed removed immediately.
ADJUSTMENT OF ACCOUNTS
Upon motion of Messrs. Keith and LeFevre, the City Clerk was authorized to adjust the City Accounts for $10.00 which was charged to Miscellaneous Accounts Receivable, on account of two deposits being returned through error. The deposits were returned to Lt. C. J. Dulin and Charles Sutton.
ORDINANCES
The following Ordinances were passed by the City Council and approved by the mayor:
1. Upon motion of Messrs. LeFevre and Keith, the following Ordinance was passed by the following vote:
Messrs: LeFevre, yes;
Keith, yes;
Hartnett, yes;
Burton, yes;
Vane, yes;
Hinkle, yes;
AN ORDINANCE PROHIBITING PERSONS UNDER TWENTY-ONE YEARS OF AGE TO USE PLACES WHERE ALCOHOLIC LIQUORS, SPIRITS, WINE ORBEER ARE KEPT OR SOLD.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
SECTION 1. It shall be unlawful for any person, firm, association or corporation, being the owner, tenant, operator, manager, custodian, or person in charge of any place where any alcoholic liquor or alcoholic liquors, spirits, wines or beer are kept, sold, dispensed or served, or offered or exhibited for sale or disposal either in bulk or off the premise use, or for use or consumption on the premises, to permit any person under twenty-one years of age to enter such place, or to be or remain therein at any time, either as invitee, visitor, customer, agent or employee.
The provisions of this section shall not be applicable to persons twenty-one years of age or under when accompanied by the parent or guardian of such person or persons.
The provisions of this section shall not be applicable to bona fide restaurants and eating houses between the hours of 7:00 A. M. and 2:00 P. M. and between the hours of 5:00 P. M. and 8:00 P. M.
The provisions of this section shall not be applicable to persons between the age of eighteen and twenty-one years who hold permits to work in any establishment mentioned and described in Section 1 hereof and which permits are issued by the Delaware Liquor Commission, pursuant to the laws of the State of Delaware.
SECTION 2. The terms “alcoholic liquor” or “alcoholic liquors”, “spirits”, “wines”, and “beer” are hereby declared to have the same meaning as the same terms are used and defined in Chapter 176, Revised Code of Delaware, 1935.
The term “place” shall include among other s but not being limited thereto, taverns, cocktail lounges, grills, restaurants, hotels, and any room or series of rooms where alcoholic liquor or alcoholic liquors, spirits, wines or beer are kept, sold, dispensed or served, or where the same are offered or exhibited for sale.
SECTION 3. It shall be the duty of the owner, operator, manager, tenant, custodian or person in charge of any place where any alcoholic liquor or alcoholic liquors, spirits, wines or beer are kept, sold, dispensed or served,or are offered or exhibited for sale, use or disposal, either in bulk or for off the premise use, or for use or consumption on the premises to post conspicuous notices or signs showing that alcoholic liquors, spirits, wines or beer are sold, offered or exhibited for sale within and upon the premises. It shall also be the duty of the owner, operator, manager, custodian or person in charge of any bona fide restaurant or eating house to post conspicuous notices showing the hours when persons under twenty-one years of age may enter the premises.
SECTION 4. It shall be unlawful for any person under twenty-one years of age to enter into and to be and remain in any place within the corporate limits of the City of Dover where any alcoholic liquor or alcoholic liquors, spirits, wines or beer are kept, sold, dispensed or served as provided under Section 1 hereof, unless said person is accompanied by the parent or guardian of said person.
Th provisions of this section shall not be applicable to bona fide restaurants or eating establishments between the hours of 7:00 A. M. to 2:00 P. M. and from 5:00 P. M. to 8:00 P. M.
The provisions of this section shall not be applicable to persons between the ages of eighteen and twenty-one holding working permits issued by the Delaware Liquor Commission authorizing such person or persons to work in said place.
SECTION 5. Any person, firm, association or corporation convicted of violating the provisions of this ordinance shall be fined not less than Fifty ($50.00) Dollars normore than One Hundred ($100.00) Dollars for each offense, or may be imprisoned not exceeding thirty (30) days, or by both fine and imprisonment.
SECTION 6. This ordinance is passed as an emergency measure necessitated by wartime conditions to prevent moral delinquency, the introduction or spread of infectious or contagious diseases or nuisances affecting the city, and shall extend to and be effective in the area outside of the city limits and within one mile from said limits.
SECTION 7. This ordinance shall be effective immediately upon passage by the Council of the City of Dover and the approval thereof by the mayor of the City of Dover.
Passed July 12, 1943
___________________________
CLERK
Approved July 15, 1943
___________________________
MAYOR
2. Upon motion of Messrs. LeFevre and Burton, the following Ordinance was passed by the following vote:
Messrs: LeFevre, yes;
Keith, yes;
Hartnett, no;
Burton, yes;
Vane, yes;
Hinkle, yes;
AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF SEVENTTEEN YEARS IN PUBLIC STREETS AND OTHER PLACES BETWEEN THE HOURS OF 10:00 P. M. AND 6:00 A.M., AND DEFINING THE DUTIES OF PARENTS OR OTHERS IN CARE OF MINORS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
SECTION 1. It shall be unlawful for any minor under the age of seventeen years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of 10:00 p. m. and 6:00 a.m. of the following day, official city time; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor.
Each violation of the provisions of this section shall constitute a separate offense.
SECTION 2. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of seventeen years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p. m. and 6:00 a. m. of the following day, official city time; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand. or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor.
Each violation of the provisions of this section shall constitute a separate offense.
SECTION 3. Any minor convicted of violating the provisions of this ordinance shall be fined not less than Five ($5.00) Dollars nor more than Fifty ($50.00) Dollars, or confined in jail for not more than fifteen (15) days or punished by both fine and improsonment.
Any parent, guardian or other adult person having the care and custody of a minor convicted of violating the provisions of this ordinance shall be fined not less than Five ($5.00) Dollars nor more than Fifty ($50.00) Dollars, or confined in jail for not more than fifteen (15) days or punished by both fine and imprisonment.
Whenever it shall appear that the Juvenile Court of Kent and Sussex Counties has jurisdiction over any minor charged with violating any of the provisions of this ordinance, the officer or officers having such minor in charge are hereby authorized to deliver such minor or minors to the said Juvenile Court of Kent and Sussex Counties for such action by said Court as said Court shall deem proper.
SECTION 4. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable.
SECTION 5. This ordinance is passed as an emergency measure necessitated by wartime conditions to prevent moral delinquency within the corporate limits of the City of Dover, and said ordinance shall be and continue to remain in force and effect for and during the term of the present World War in which the United States of America is now a participant, and for six months after the signing of the Peace Treaty concluding said conflict.
Passed July 12, 1943
______________________________
CLERK
Approved July 15, 1943
______________________________
MAYOR
3. Upon motion of Messrs. LeFevre and Hinkle, the following ordinance was passed by the following vote:
Messrs: LeFevre, yes;
Keith, yes;
Hartnett, yes;
Burton, yes;
Vane, yes;
Hinkle, yes;
AN ORDINANCE TO REGULATE THE USE OF TAXI-CABS AND OTHER PASSENGER MOTOR VEHICLES USED FOR HIRE OVER, UPON AND ACROSS THE STREETS, LANES AND ALLEYS OF THE CITY OF DOVER.
BE IT ORDAINED BY THE COUNCIL FO THE CITY OF DOVER IN COUNCIL MET:
SECTION 1. It shall be unlawful for any person to use, own, operate, manage or control or to be concerned in the use, operation, management, custody or control of any motor vehicle commonly known as a taxi-cab engaged in the business of carrying passengers for hire, over, upon and across any of the streets, lanes or alleys of the City of Dover unless such vehicle shall have been registered with the City manager as a vehicle used or engaged in the business of carrying passengers for hire, and shall have received a permit for such vehicle and shall have paid the permit fee for such vehicle as hereinafter set
forth.
It shall be unlawful for any person to use or operate any motor vehicle commonly known as a taxi-cab engaged in the business of carrying passengers for hire over, upon and across any of the streets, lanes, or alleys of the City of Dover unless such person shall have been registered with the City manager as a taxi-cab driver or operator, and shall have received a permit to operate and drive taxi-cabs within HTE corporate limits of the City of Dover and shall have paid the permit fee of One ($1.00) Dollar for said permit. Any person desiring to operate a motor vehicle used as a taxi-cab or which vehicle is engaged in the business of carrying passengers for hire within the corporate limits of the City of Dover shall make application to the City Manager for a permit to operate such motor vehicle. Such application shall be made upon a form provided by the City Manager, and shall contain the following information, together with any additional information which the City manager may require, namely:
2. The full, correct name of applicant.
3. His or her address.
4. The expiration date of his or her chauffer’s license.
5. The age of said applicant.
6. A statement concerning any motor vehicle violations for which a conviction has been had.
7. The name of the employer or employers.
8. The address of such employer or employers.
No permit shall be issued to any person to operate or drive a taxi-cab or motor vehicle carrying passengers for hire within the corporate limits of the City of Dover unless such applicant shall hold a chauffeur’s license issued under the laws of the State of Delaware.
SECTION 2. Before any passenger vehicle shall be used to carry passengers for hire over any of the streets, lanes or alleys of the City of Dover the owner of such vehicle shall make application to the City manager of the City of Dover upon forms to be provided by the City manager for a permit to use the said vehicle in the business of carrying passengers for hire within the limits of the said City of Dover. The application shall fully disclose the name, home and business address, and trade name, if any used, of the applicant; they make, model, serial and engine numbers, the carrying capacity of the vehicle, the registration number and the state where registered, the title number, and such other information as may be required by the City manager as shall definitely fix the ownership of said vehicle and as shall accurately identify such vehcile for which a permit is required.
The City Manager shall make such examination and investigation as he may deem necessary to determine the accuracy of the facts set forth in such application.
Upon the receipt of any application for a permit under the provisions of this ordinance the City Manager shall satisfy himself as to the accuracy of the facts set forth in such application, and, if he finds no reason why the request should not be granted, shall issue a permit for such vehicle described in said application, upon the payment by the applicant of a permit fee of Five ($5.00) Dollars. The permit granted shall be prominently posted in the motor vehicle for which such permit was issued.
SECTION 3. All permits issued under the provisions of this ordinance shall expire on the first day of August next following the issuance of said permit.
SECTION 4. No permit shall be issued for more than onve vehicle, and a separate application shall be made for each vehicle for which a permit is required. No fractional permit fee shall be received.
SECTION 5. Whenever the City Manager shall determine that any vehicle to which a permit has been granted is used in violation of the provisions of this ordinance, he may suspend said permit until satisfactory assurances are given that said vehicle will be kept in compliance.
Whenever the City Manager shall determine that any vehicle to which a permit is granted hereunder is being used so as to endanger the life, body, health, or property of another or others, he shall suspend said permit until satisfactory assurances are given that said vehicle will be properly used. If such assurances are not made within a reasonable time, the City Manager shall revoke the permit for said vehicle.
The permit of any vehicle shall be revoked for six months whenever said vehicle is the instrument used in two or more motor vehicle violations within any six months period and for which violations shall result in convictions under any ordinances of the City of Dover and any motor vehicle laws of the State of Delaware, or under either ordinances of the City of Dover or motor vehicle laws of the State of Delaware.
SECTION 6. Any person being the owner or operator, or who shall have the custody, control or supervision of any motor vehicle carrying passengers for hire over, upon or across any of the streets, lanes or alleys of the said City of Dover, and which vehicle shall not be registered or have a permit to engage in the business of carrying passengers for hire within the corporate limits of said City of Dover, contrary to the provisions of this ordinance, shall upon conviction thereof be fined notless than Ten ($10.00) Dollars nor more than Fifty ($50.00) Dollars for each separate offense. Upon failure to pay the fine imposed, the person or persons so convicted may be imprisoned for not more than twenty (20) days.
Any person who is operating a taxi-cab or any motor vehicle carrying passengers forhire within the corporate limits of the City of Dover contrary to the provisions of this ordinance, shall upon conviction thereof be fined not less than Five ($5.00) Dollars nor more than Fifty ($50.00) Dollars for each separate offense. upon the default of any person in the payment of any fine imposed, said person shall be imprisoned for not less than five (5) days, nor more than twenty (20) days. The City Manager may suspend the permit held by any person upon being satisfied that the holder of such permit is using the same contrary to the provisions of this ordinance and particularly upon being satisfied that such permit holder is operating a taxi-cab or motor vehicle carrying passengers for hire in such a manner as to endanger the life, body, health or property of another or others. Upon three convictions of such person within any twelve month period of violating the provisions of this ordinance, or the provisions of the motor vehicle laws of the State of Delaware, the City Manager shall revoke the permit issued to such operator, and no further permit shall be issued until one year from the date upon which the revocation became effective.
SECTION 7. The provisions of this ordinance shall not be applicable to motor buses having a seating capacity in excess of ten passengers exclusive of the operator.
SECTION 8. The provisions of this ordinance shall become effective August 2, 1943 at 12:01 P. M.
Passed July 12, 1943
_____________________________
CLERK
Approved July 15, 1943
_____________________________
MAYOR
CITY MANAGER’S CONVENTION
Upon motion of Messrs. Keith and Burton the City Manager was authorized to attend the City Manager’s Convention which was to be held at the Edgewater Beach Hotel, Chicago, Illinois, from September 10th to the 14th inclusive.
ADJOURNMENT
Council adjourned at 10:00 P. M.
Signed: ___________________________
CITY CLERK