HISTORY OF ELSMERE
Prior to the late
1800's, the Elsmere area existed as a small rural community, largely of
farmlands with scattered residences. An 1868 map shows several homes as well as
a grist mill, a sawmill and a schoolhouse. In the years after 1881, 2 rail lines
and an intersecting road were built. Between 1881 and 1893, significant land
divisions had appeared. Elsmere evolved from a rural farm district into a suburb
of Wilmington, partly through the efforts of real estate promoter Joshua Heald.
Newspaper advertisements enticed buyers with promises of escape from the city,
cheaper living and exemption from city taxes. The close proximity of the railway
lines offered cheap transportation to city workers, and the introduction of
trolley car service furthered Elsmere's development. Not only did the trolley
line provide transportation to Elsmere city dwellers, but it also made commuting
feasible for suburban dwellers.
In 1909, four men
incorporated the town of Elsmere. They were Joseph Ranck, Thomas Kane, Penrose
Forman and Albert Wild. Population doubled to 620 residents by 1920, and Elsmere
continued to draw residents from the city. The main portion of this growth
consisted of clerks, small retailers and artisans. In the 1920's the Delaware
State Fair Association bought land and built a new fairgrounds within Elsmere.
The grounds, including a racecourse, were located south of New Road and west of
established streets. The modern facility, site of the Delaware State Fair from
1917 to 1928, provided ample parking and access to the trolley. Agricultural
exhibits were the backbone of the event, but the summer attraction included
horse and dog shows, races, vaudeville acts, music and fireworks. In the ensuing
years, streets were laid to the north and west of the central fairgrounds. Most
development occurred close to Wilmington Avenue, New Road and its western
extension, now known as Kirkwood Highway. The outlying areas of the town were
built by developers from the 40's through the 60's. Elsmere Manor was built by
Daniels, Inc., in 1943, on the former site of the state fairgrounds. From 1946
to 1950, Alfred Vilone built the village bearing his name. In addition to those
homes, Mr. Vilone also built the Parklynn Apartments -- the first complex in
Elsmere. Development continued as the Tigani brothers built Elsmere Park in
1950. Rosemont and Elsmere gardens followed in the following decade, built by
Bordman, Smith, Pullela and Baldini.
Thus, the farms of
the Brown, Derrickson, Forman, Hollingsworth, Richardson, Stidham and Walters
families became the Elsmere of today!
PREFACE
The Town of Elsmere
has, over the years, passed through a process of legislative change common to
many American communities. While only a few simple laws were necessary at the
time of the establishment of the town, subsequent growth of the community,
together with the complexity of modern life, has created the need for new and
more detailed legislation for the proper function and government of the town.
The recording of local law is an aspect of municipal history, and as the
community develops and changes, review and revision of old laws and
consideration of new laws, in the light of current trends, must keep pace. The
orderly collection of these records is an important step in this ever-continuing
process. Legislation must be more than mere chronological enactments reposing in
the pages of old records. It must be available and logically arranged for
convenient use and must be kept up-to-date. It was with thoughts such as these
in mind that the Mayor and Council ordered the following codification of the
town's legislation.
Contents of Code
The various chapters
of the Code contain all currently effective ordinances of a general and
permanent nature enacted by the Mayor and Council of the Town of Elsmere,
including revisions or amendments to existing ordinances deemed necessary by the
Mayor and Council in the course of the codification.
Division of Code
The Code is divided
into two major divisions. The first division includes the Charter of the town.
The second division includes all ordinances of a general and permanent nature as
Parts I and II. Part I, Administrative Legislation, contains all town ordinances
of an administrative nature, such as that dealing with the administration of
government, that establishing or regulating municipal departments and that
affecting officers and employees of the municipal government and its
departments. Part II, General Legislation, contains all other town ordinances of
a regulatory nature. Items of legislation in this part generally impose
penalties for violation of their provisions, whereas those in Part I do not.
Grouping of Legislation and
Arrangement of Chapters
The various items of
legislation are organized into chapters, their order being an alphabetical
progression from one subject to another. Wherever there are two or more items of
legislation dealing with the same subject, they are combined into a single
chapter. Thus, for example, all ordinances pertaining to the regulation of
streets and sidewalks may be found in Part II, in the chapter entitled
"Streets and Sidewalks." In such chapters, use of Article or Part
designations has preserved the identity of the individual ordinances.
Table of Contents
The Table of Contents
details the alphabetical arrangement of material by chapter as a means of
identifying specific areas of legislation. Wherever two or more ordinances have
been combined by the editor into a single chapter, titles of the several
Articles or Parts are listed beneath the chapter title in order to facilitate
location of the individual ordinances.
Reserved Chapters
Space has been
provided in the Code for the convenient insertion, alphabetically, of later
enactments. In the Table of Contents such space appears as chapters entitled
"(Reserved)." In the body of the Code, reserved space is provided by
breaks in the page-numbering sequence between chapters.
Pagination
A unique
page-numbering system has been used, in which each chapter forms an autonomous
unit. One hundred pages have been allotted to each chapter, and the first page
of each is the number of that chapter followed by the numerals "01."
Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this
system, it is possible to add or to change pages in any chapter without
affecting the sequence of subsequent pages in other chapters, and to insert new
chapters without affecting the existing organization.
Numbering of Sections
A chapter-related
section-numbering system is employed, in which each section of every ordinance
is assigned a number which indicates both the number of the chapter in which the
ordinance is located and the location of the section within that chapter. Thus,
the first section of Chapter 6 is ~ 6-1, while the fourth section of Chapter 53
is ~ 53-4. New sections can then be added between existing sections using a
decimal system. Thus, for example, if two sections were to be added between ~~
53-4 and 53-5, they would be numbered as ~~ 53-4.1 and 53-4.2.
Scheme
The Scheme is the
list of section titles which precedes the text of each chapter. These titles are
carefully written so that, taken together, they may be considered as a summary
of the content of the chapter. Taken separately, each describes the content of a
particular section. For ease and precision of reference, the Scheme titles are
repeated as section headings in the text.
Histories
At the end of the
Scheme in each chapter is located the legislative history for that chapter. This
History indicates the specific legislative source from which the chapter was
derived, including the enactment number (e.g., ordinance number), if pertinent,
and the date of adoption. In the case of chapters containing Parts or Articles
derived from more than one item of legislation, the source of each Part or
Article is indicated in the History. Amendments to individual sections or
subsections are indicated by histories where appropriate in the text.
Codification
Amendments and Revisions
New chapters adopted
during the process of codification are specifically enumerated in chapter
Histories with reference to "Ch. 1, General Provisions," where the
legislation adopting this Code and making such revisions will appear after final
enactment. Sections amended or revised are indicated in the text by means of
Editor's Notes referring to the chapter cited above.
General References; Editor's Notes
In each chapter
containing material related to other chapters in the Code, a table of General
References is included to direct the reader's attention to such related
chapters. Editor's Notes are used in the text to provide supplementary
information and cross-references to related provisions in other chapters.
Appendix
Certain forms of
local legislation are not of a nature suitable for inclusion in the main body of
the Code but are of such significance that their application is community-wide
or their provisions are germane to the conduct of municipal government. The
Appendix of this Code is reserved for such legislation and for any other
material that the community may wish to include.
Disposition List
The Disposition List
is a chronological listing of legislation adopted since the publication of the
Code, indicating its inclusion in the Code or the reason for its exclusion. The
Disposition List will be updated with each supplement to the Code to include the
legislation reviewed with said supplement.
Index
The Index is a guide
to information. Since it is likely that this Code will be used by persons
without formal legal training, the Index has been formulated to enable such
persons to locate a particular section quickly. Each section of each chapter has
been indexed. The Index will be supplemented and revised from time to time as
new legislation is added to the Code.
Instructions for
Amending the Code
All changes to the
Code, whether they are amendments, deletions or complete new additions, should
be adopted as amending the Code. In doing so, existing material that is not
being substantively altered should not be renumbered. Where new sections are to
be added to a chapter, they can be added at the end of the existing material
(continuing the numbering sequence) or inserted between existing sections as
decimal numbers (e.g., a new section between ~~ 45-5 and 45-6 should be
designated ~ 45-5.1). New chapters should be added in the proper alphabetical
sequence in the appropriate division or part (e.g., Part I, Administrative
Legislation, or Part II, General Legislation), utilizing the reserved chapter
numbers. New chapter titles should begin with the key word for the alphabetical
listing (e.g., new legislation on abandoned vehicles should be titled
"Vehicles, Abandoned" under "V" in the table of contents,
and a new enactment on coin-operated amusement devices should be "Amusement
Devices" or "Amusement Devices, Coin-Operated" under
"A" in the table of contents). Where a reserved number is not
available, an "A" chapter should be used (e.g., a new chapter to be
included between Chapters 45 and 46 should be designated Chapter 45A). New
Articles may be inserted between existing Articles in a chapter (e.g., adding a
new district to the Zoning Regulations) by the use of "A" Articles
(e.g., a new Article to be included between Articles XVI and XVII should be
designated Article XVIA). The section numbers would be as indicated above (e.g.,
if the new Article XVIA contains six sections and existing Article XVI ends with
~ 45-30 and Article XVII begins with ~ 45-31, Article XVIA should contain ~~
45-30.1 through 45-30.6).
Supplementation
Supplementation of
the Code will follow the adoption of new legislation. New legislation or
amendments to existing legislation will be included and repeals will be
indicated as soon as possible after passage. Supplemental pages should be
inserted as soon as they are received and old pages removed, in accordance with
the Instruction Page which accompanies each supplement.
Acknowledgment
The assistance of the
town officials is gratefully acknowledged by the editor. The codification of the
legislation of the Town of Elsmere reflects an appreciation of the needs of a
progressive and expanding community. As in many other municipalities, officials
are faced with fundamental changes involving nearly every facet of community
life. Problems increase in number and complexity and range in importance from
everyday details to crucial areas of civic planning. It is the profound
conviction of General Code Publishers Corp. that this Code will contribute
significantly to the efficient administration of local government. As Samuel
Johnson observed, "The law is the last result of human wisdom acting upon
human experience for the benefit of the public."