Here is further clarification:
——– Original Message ——–
Subject: Guidelines for dogs on the beach at Tower Shores Beach
From: “Gray, Ronald (LegHall)” <Ronald.Gray@delaware.gov>
Date: Thu, May 21, 2020 1:45 pm
To: “email@example.com” <firstname.lastname@example.org>
Cc: “Hocker, Gerald (LegHall)” <Gerald.Hocker@delaware.gov>, “Killen,
Deanna (LegHall)” <Deanna.Killen@delaware.gov>, “Hopkins, Dawn
(LegHall)” <Dawn.Hopkins@delaware.gov>, “Jamison, Alexis F (LegHall)”
Here is additional clarity from my legislative caucus attorney concerning guidelines for your community as it relates to dogs on the beach:
As I understand the issue raised by Mr. Brad Mandel, his community is considering restricting/regulating the allowance of dogs on their private beach, but are not sure of their authority to do so.
I understand the particular community is not part of a municipality and that the State does not enforce Title 7, § 1702 on private beaches nor does the county.
Mr. Mandel refers to there being a “board” that is considering this issue. The “board”, I assume, is a Home Owners Association. That entity was created by private contract and its authority is limited to whatever the Association’s Bylaws state. If the Board has authority to enact restrictions, then restrictions relating to when dogs are or are not allowed on the beach could be enacted. The Board only has the authority that is granted to it by their bylaws.
As attorney to the General Assembly, I cannot issue a legal opinion as to the specific authority of the Board. Such an opinion should come from the Board’s attorney.
It is clear that the General Assembly did not create the Board and it is a private entity subject to its own bylaws.
Since the State (Executive Branch) will not enforce such restrictions, the community, if it has appropriate authority to restrict beach usage, must also know what its options are to enforce its restrictions.
I hope this statement helps to clarify what the Board needs to consider.
I hope this is helpful.