[Adopted 12-13-1985 by Ord. No. 161 (Ch.
197, Art. IV, of the 1992 Code)]
No ordinance of the Town of Bethany Beach which
prohibits the stopping, standing or parking of any vehicle in front
of any public or private driveway, entrance or exit to or from any
public street or alley (hereinafter "driveway entrance") shall be
enforced against any alleged violator unless such driveway entrance
is clearly designated and, if required, registered with the Town Police
Department in conformance with this article.
Driveway entrances shall be clearly marked at
the street line by some permanently fixed means capable of being easily
recognized by the general public as marking such driveway entrance.
By way of example and not in limitation, driveway entrances may be
marked by: posts, fence, reflectors, indentations in curbing or road
surface material (e.g., stone, gravel, blacktop, concrete, etc.).
The responsibility for using such means of marking
the driveway entrance, as to make it easily recognizable to the general
public, shall be upon the property owner/occupant.
A.
The Town police shall notify, in writing, the owner and occupant of any property in the Town, the driveway entrance to which is not marked at the street line by some permanently fixed means readily apparent upon casual observation. Any property owner or occupant being so notified must mark his/her driveway in accordance with §§ 493-9 and 493-10 hereof and register such driveway entrance with the Police Department, on a form available from the Town, in order to have such driveway entrance enforced.
B.
The form shall be designed to allow the police to
confirm that the driveway entrance as observed at the property in
question was designated and marked prior to any alleged violation.
Upon registration of a designated driveway entrance as provided in § 493-11 above and upon request to the Town Manager, the Town shall move or remove any parking meters, signs, etc., at the street line within the designated driveway entrance at no charge to the lot owner.
No driveway entrance shall be designated in
any manner that would be in violation of any other Town ordinance.
