Delaware Code

9 Del. C. § 1152 (2026)

Ordinances generally

✓ current as of May 2026

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(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those relating to the budget or appropriation of funds and those relating to the adoption or revision of the County Code shall contain more than 1 subject which shall be clearly expressed in its title. The enacting clause shall be “The County of New Castle hereby ordains.” Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

(b) An ordinance may be introduced by any member at any regular or special meeting of the County Council. Upon introduction of any ordinance, the Clerk of County Council shall distribute a copy to each elected official of the county governing body and to the County Executive; shall file a reasonable number of copies in the office of the Clerk of County Council and such other public places as the County Council may designate; shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon by the County Council and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and others who may be affected by such ordinance. The public hearing shall follow the publication by at least 1 week; may be held separately or in connection with a regular or special County Council meeting and may be adjourned from time to time, and all persons interested shall have a reasonable opportunity to be heard. The County Council may make rules governing the holding of public hearings. After the public hearing the County Council may adopt the ordinance with or without amendments or reject it, but if it is amended as to any matter of substance which is not embraced within the title of the ordinance, the County Council may not adopt it until the ordinance or its amended sections have been subjected to all of the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk of County Council shall number the ordinance and have it published again, together with a notice of its adoption.

(c) Except as otherwise provided in this title, every adopted ordinance shall become effective at the expiration of 30 days after adoption, unless the ordinance itself stipulates a different date.

(d) As used in this section, the term “publish” means to print in 1 or more newspapers of general circulation in the County:

(1) The ordinance or the title thereof;

(2) The places where copies of the ordinances have been filed, the times when they are available for public inspection, and the place and the cost at which copies may be procured.

9 Del. C. 1953, § 1152; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15;

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1978–2022 · leading case: Farmers for Fairness v. Kent Cnty., 940 A.2d 947 (Del. Ch. 2008).

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Farmers for Fairness v. Kent Cnty., 940 A.2d 947 (Del. Ch. 2008). “9 Del. C. § 1152(a) (New Castle County); 9 Del.”

Wilmington Trust Co. v. Caratello, 385 A.2d 1131 (Del. Super. Ct. 1978). “§ 1151 provides: “All actions of the county government which shall have the force of law shall be by ordinance.”

Croda, Inc. v. New Castle Cnty. (Del. Ch. 2021). · cites it 2× “43 The Statute of Repose “bars any challenge to the legality of a zoning ordinance adopted by a county [] unless the challenge is made within 60 days of the date of publication of the adoption of the ordinance in a newspaper of general circulation in the county or municipality…”

Croda Inc. v. New Castle Cnty. (Del. 2022). “Croda argues that the Ordinance failed to comply with the titling requirements of 9 Del. C. § 1152 and New Castle County Council Rule 2.”

— 9 Del. C. § 1152(a) — 2 cases

Farmers for Fairness v. Kent Cnty., 940 A.2d 947 (Del. Ch. 2008). “9 Del. C. § 1152(a) (New Castle County); 9 Del.”

Croda, Inc. v. New Castle Cnty. (Del. Ch. 2021). “43 The Statute of Repose “bars any challenge to the legality of a zoning ordinance adopted by a county [] unless the challenge is made within 60 days of the date of publication of the adoption of the ordinance in a newspaper of general circulation in the county or municipality…”

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