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Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
The Council may, by ordinance, establish speed limits upon streets and portions thereof in the Town. No person shall drive a vehicle upon any such street or portion thereof at a speed in excess of that established thereof.
A. 
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyances on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
B. 
The driver of every vehicle shall, consistent with the requirement of this section, drive at reduced speed when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians, other traffic or by reason of weather or highway conditions.
Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.
A. 
All types of vehicles:
(1) 
Twenty-five miles per hour in any business district.
(2) 
Twenty-five miles per hour in any residential district except the following:
[Amended 5-19-2005; 3-4-2019 by Ord. No. 2019-003; 8-7-2023 by Ord. No. 2023-006[1]]
(a) 
Coulter Street shall be 15 miles per hour.
(b) 
Collins Street shall be 15 miles per hour.
(c) 
Walnut Street shall be 15 miles per hour.
(d) 
Mill Street shall be 15 miles per hour.
(e) 
B Street shall be 15 miles per hour.
(f) 
Prettyman Street shall be 15 miles per hour.
(g) 
Parker Street shall be 15 miles per hour.
(h) 
Tilney Street shall be 15 miles per hour.
(i) 
Clifton Street shall be 15 miles per hour.
(j) 
Reed Street shall be 15 miles per hour.
(k) 
Broad Street shall be 15 miles per hour.
(l) 
All blocks south of Wharton Street between Federal Street and Chestnut Street, excluding New Street, shall be 15 miles per hour.
(m) 
All phases of the Cannery Village Subdivision shall be 15 miles per hour.
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2024.
(3) 
Twenty miles per hour at all school crossings where 20 m.p.h. regulatory signs are in effect during specific periods.
A. 
Notwithstanding anything to the contrary set forth in this code, the following are hereby established as the fines for speeding violations:
(1) 
Whoever violates this article shall for the first offense be fined $10 or be imprisoned not less than 10 days nor more than 30 days, or both. For each subsequent offense, he shall be fined $20 or be imprisoned not less than 15 days nor more than 60 days, or both. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.
(2) 
Any person violating this article who exceeds the maximum speed limit by more than five miles per hour but less than 16 miles per hour shall pay an additional fine of $1 per mile, if such violation is a first offense, or $2 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.
(3) 
Any person violating this article who exceeds the maximum speed limit by more than 15 miles per hour but less than 20 miles per hours shall pay an additional fine of $2 per mile, if such violation is a first offense, or $3 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.
(4) 
Any person violating this article who exceeds the maximum speed limit by more than 20 miles per hour shall pay an additional fine of $3 per mile, if such violation is a first offense, or $4 per mile, if such violation is a second offense for each mile in excess of the maximum speed limit.
B. 
A convicted violator of this article shall also pay court costs and such victim's compensation as may otherwise be provided by law.
Unless expressly provided otherwise in this article, any person violating any of the provisions shall be deemed guilty of a misdemeanor and, upon conviction thereof before a court of competent jurisdiction, shall be fined not less than $10 nor more than $100 and shall pay the costs of prosecution.