2025 Delaware Code
Title 9 - Counties
Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL
Subchapter IV. County Council
§ 1157. Emergency ordinances.

Universal Citation:
9 DE Code § 1157 (2025)
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§ 1157. Emergency ordinances.

To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least 5/7 of all of the members of the County Council in office prior to the first Tuesday following the 2004 general election and 1 0/1 3 of all the members of the County Council thereafter shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon its adoption or at such later time as it may specify. Every emergency ordinance, except 1 made for the issuance of emergency notes, shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

9 Del. C. 1953, § 1157;  55 Del. Laws, c. 85, § 1;  70 Del. Laws, c. 569, § 3;  71 Del. Laws, c. 198, § 9;  71 Del. Laws, c. 401, § 15;  72 Del. Laws, c. 414, § 3; 
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