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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (1)
[Adopted 10-18-1985 by Ord. No. 159 (Ch. 227, Art. VI, of the 1992 Code)]
The location of all traffic and parking control devices which are in place as of the effective date of this article are hereby ratified and confirmed.
The Town Manager shall be and hereby is authorized and empowered to install, maintain, relocate, replace and remove all traffic and parking control signs, signals, markings and devices in the Town of Bethany Beach which are necessary to properly regulate traffic and parking in the Town of Bethany Beach; provided, however, that:
A. 
The location and nature of such signs, signals, markings and devices shall not be inconsistent with state law and/or Town ordinances; and
B. 
The actions of the Town Manager taken under this article shall remain subject to review by the Town Council, and, unless countermanded by a majority vote of the Town Council, any and all such actions shall be deemed duly authorized by the Town Council.
[Amended 10-15-2010 by Ord. No. 458]
No article of the Town of Bethany Beach for which traffic control signs, signals, markings or devices are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Town ordinance does not state that signs are required, such ordinance shall be effective even though no signs are erected or in place.
A. 
Whenever official traffic control signs, signals, markings or devices are placed in position approximately conforming to the requirements of this article, they shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
B. 
Any official traffic control sign, signal, marking or device placed pursuant to the provisions of this article and purporting to conform to the lawful requirements pertaining to them shall be presumed to comply with requirements of this article, unless the contrary shall be established by competent evidence.