Chapter 13. County Departments

Published: 2015

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New Castle County


Subchapter II. Police Department

§ 1331 County police; powers and duties.
(a) The County police shall have all of the police powers conferred by law upon law-enforcement officers in the State and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace and good order of the State within the aforesaid County be duly kept according to their powers and authority; shall arrest all persons who shall in either of their presence commit any riot, affray or other breach of peace, or who shall be riotously assembled, and take them before a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law; shall use diligence in arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to either of their authority, or other case of necessity, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions and in such manner as may be prescribed by the Chief of Police of New Castle County.
(b) The County police shall be subject to such directives and policies as the Chief of Police may prescribe.
(c) No merger of the New Castle County police with any other police force or agency shall be valid unless and until approved by the General Assembly.

71 Del. Laws, c. 401, § 59.;

§ 1332 Functions.
(a) The Police Department, managed by a Chief of Police, shall perform the following functions;
(1) Organize, administer, supervise and discipline the police force of the County;
(2) Enforce traffic regulations and investigate accidents;
(3) Make legal searches, seizures and arrests, and exercise such legal authority incident thereto;
(4) Maintain and operate lockups for the temporary confinement of prisoners;
(5) Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts; and
(6) Operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance of its function.
(b) The Police Department may perform the following functions:
(1) Provide school crossing guard service in the manner and to the extent authorized by ordinance;
(2) Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the federal government, State and political subdivisions in New Castle County;
(3) Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life support paramedic services; and
(4) Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations in New Castle County.
9 Del. C. 1953, § 1401; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.;

§ 1333 Other police prohibited.
No office, department or board operating for the County, other than the Police Department, shall have a police force.
9 Del. C. 1953, § 1402; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.;

§ 1334 County responsibility for fire protection and ambulance and rescue service.
The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the County Council of New Castle County may contract with any fire company authorized by the State Fire Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency Medical Services.
9 Del. C. 1953, § 1411; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.;

§ 1335 Fire prevention outside of incorporated towns.
The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the extinguishment of fires within New Castle County.

71 Del. Laws, c. 401, § 59.;

§ 1336 Establishment of school crossing guard unit for New Castle County.
Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each school district, after approval of each school district in New Castle County, school crossing guards, in such number as may, in the judgment of the school district, be necessary for the safe passage of school children over the public streets and highways of New Castle County outside the City of Wilmington.

71 Del. Laws, c. 401, § 59.;

§ 1337 Duties; compensation; uniform.
(a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets and highways.
(b) The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross safely the streets and highways.
(c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company's records as driving a company car is responsible for the violation.
(d) The guards shall be subject to such rules and regulations as prescribed by the Police Department.
(e) The Police Department shall provide and maintain an appropriate uniform.

71 Del. Laws, c. 401, § 59.;

§ 1338 Coordination with school boards.
In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall be employed.

71 Del. Laws, c. 401, § 59.;

§ 1339 Levy and collection of tax.
(a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school crossing guards employed within said school district.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.

71 Del. Laws, c. 401, § 59.;