[Adopted 4-10-1987 by Ord. No. 186 (Ch.
227, Art. VII, of the 1992 Code)]
This article shall be known and may be cited
as the "Motor Vehicle Operation and Equipment Ordinance."
A.
HIGHWAY
PERSON
TOWN
VEHICLE
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The entire width between boundary lines of every way or place
of whatever nature open to the use of the public as a matter of right
for purposes of vehicular traffic, but does not include a road or
driveway upon grounds owned by private persons.
Any individual, partnership, corporation, joint venture or
legal entity of whatever nature.
The Town of Bethany Beach.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks and excepting electric trackless trolley coaches, electric
personal assistive mobility devices and excepting off-highway vehicles;
including, by way of example, automobiles, trucks, motorcycles, motor
scooters, buses, motor homes, recreational vehicles, house trailers,
and agricultural machines.[1]
B.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular number, words in the singular number include
the plural number and reference to any gender shall include all genders.
The word "shall" is always mandatory and not merely directory.
Unless otherwise stated in a given section,
this article shall govern vehicular traffic and pedestrians on any
highway within the corporate limits of the Town of Bethany Beach.
[Amended 2-17-2006 by Ord. No. 407[1]]
Whoever, holding a driver's license issued to him under the laws of this state or having a vehicle or tractor registered in his name under the laws of this state, fails or neglects within one month after any change of his address to notify the Department of Safety and Homeland Security of the State of Delaware acting directly or through its duly authorized officers and agents of any such change of address shall, upon conviction thereof, pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.
A.
Every owner of a vehicle or trailer shall within 60
days of taking up residence in this state apply to the Secretary of
Safety and Homeland Security of the State of Delaware or his duly
authorized designee and obtain registration for said vehicle or trailer.
A.
The registration card issued for a vehicle required
to be registered under the laws of the State of Delaware shall at
all times, while the vehicle is being operated upon a highway, be
in the possession of the operator thereof or carried in the vehicle
and subject to inspection by any peace officer. However, an operator
shall be allowed 24 hours to produce the registration card before
a conviction can be obtained under this provision, such registration
having been legally issued at a time prior to his arrest.
A.
No person shall drive or move nor shall any person,
being the owner of a vehicle, knowingly permit to be driven or moved
upon any highway any vehicle which is not registered and for which
current registration plates have not been issued as provided by the
laws of the State of Delaware or for which the appropriate fees have
not been paid when and as required by the laws of the State of Delaware,
except that, when application accompanied by the proper fee has been
made for registration and certificate of title for a vehicle, the
same may be operated temporarily pending complete registration upon
displaying a duplicate application or other evidence of such application
or otherwise under rules and regulations promulgated by the Delaware
Motor Vehicle Department.
A.
No person shall:
(1)
Operate or, being the owner of any vehicle, trailer
or semitrailer, knowingly permit the operation upon a highway of any
vehicle, trailer or semitrailer which is not registered or which does
not have attached thereto and displayed thereon the numbered plate
or plates assigned thereto by the Delaware Department of Safety and
Homeland Security acting directly or through its duly authorized officers
and agents and unexpired registration plate or plates, subject to
the exemptions allowed by Delaware law or this article or under temporary
or limited permits as otherwise provided by Delaware law or by this
article.
(2)
Display or cause or permit to be displayed or have
in possession any registration card, number plate or registration
plate, knowing the same to be fictitious or to have been canceled,
revoked, suspended or altered.
(3)
Drive or move or, being the owner, cause or knowingly
permit to be driven or moved, on any highway, any vehicle or any combination
of vehicles which is in such unsafe condition as to endanger any person
or which is equipped in any manner in violation of this article or
Delaware law, but the provisions of this article with respect to equipment
on vehicles shall not apply to implements of husbandry, road machinery,
road rollers or farm tractors except as made applicable by Delaware
law or this article.
A.
No owner of a vehicle registered in this state, other
than a self-insurer pursuant to Title 21, Delaware Code, § 2904,
shall operate or authorize any other person to operate such vehicle
unless the owner has insurance on such motor vehicle providing the
minimum insurance coverage requirements as stated by the laws of the
State of Delaware.
B.
The insurance identification card issued for a vehicle
required to be registered under this article or under the laws of
the State of Delaware shall at all times, while the vehicle is being
operated upon a highway, be in the possession of the operator thereof
or carried in the vehicle and shall be produced upon the request of
a police officer or Alderman or Justice of the Peace or any other
party involved in an accident with the insured. However, an operator
shall not be convicted under this subsection if, prior to conviction,
he shall produce to the court in which the offense is to be tried
the insurance identification card or, in lieu thereof, other sufficient
proof of insurance showing such insurance to be in full force and
effect at all pertinent times when the motor vehicle is being operated
within the State of Delaware where an individual is charged with violating
this section and, at the time of the alleged offense, the individual
was operating a vehicle owned or leased by the individual's employer
in the course and scope of the individual's employment, the individual
shall not be convicted of violating this section unless the individual
knew or should have known that the employer's vehicle failed to meet
the requirement of this section.
C.
Whoever violates this section shall, upon conviction thereof, pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. The minimum fine levied for violation of Subsection A of this section shall not be subject to suspension.
[Amended 1-18-1991 by Ord. No. 255; 2-17-2006 by Ord. No.
407]
D.
Failure of the owner or operator to produce an insurance
identification card for insurance which is in full force and effect
at the time of the offense shall be presumptive evidence that such
person is operating his vehicle without having insurance required
by the laws of the State of Delaware.
A.
The number plate assigned to a vehicle shall at all times be attached to the rear of the vehicle, except truck tractors attached to trailers or semitrailers, whether coupled or uncoupled, shall display the number plate on the front of the vehicle in such a manner as to be easily identified. Such number plate shall meet the requirements of Subsection B of this section.
B.
Every number plate shall at all times be securely
fastened to the vehicle to which it is assigned so as to prevent the
plate from swinging and at a height not less than 12 inches from the
ground, measuring from the bottom of such plate, in a place and position
to be clearly visible and shall be maintained free from foreign materials
and in a condition to be clearly legible.
C.
No number plate, or any portion thereof, shall be
covered with any tinted material, nor shall any other material be
placed on or around a number plate which would conceal and/or obscure
any information contained thereon, including the registration expiration
sticker. Plate frames that do not conceal and/or obscure any information
contained on the plate, including the registration expiration sticker,
are not prohibited by this section.[1]
A.
A temporary registration plate properly issued to
an owner or purchaser of a vehicle in accordance with Delaware law
shall be valid and shall entitle said owner or purchaser to operate
the vehicle for which issued upon the highways for a period of 60
days from the date of issuance or until the issuance of a permanent
registration plate or until the cancellation or rescission of the
contract to purchase, whichever occurs first.[1]
Whenever an owner of a vehicle registered under
the laws of the State of Delaware transfers or assigns his title or
interest thereto, the registration of such vehicle shall expire.
A.
No person shall cause or knowingly permit any minor
operator, unless such minor has first obtained a license, to drive
a motor vehicle under the laws of the State of Delaware or this article.
A.
No person shall authorize or permit a vehicle owned
by him or under his control to be driven by any person knowing that
said person has no legal right to do so or shall authorize or permit
said vehicle to be driven in violation of the laws of the State of
Delaware or this article.
A.
No person shall operate a motorcycle, motorbike or
other two-wheeled, motor-driven vehicle upon a highway without having
been properly licensed and having passed, to the satisfaction of the
Delaware Department of Safety and Homeland Security, acting directly
through its duly authorized officers or agents, an examination testing
his ability to operate such vehicle safely.
A.
Every person desiring to operate a vehicle shall within
60 days after taking up residence in the State of Delaware apply to
the Secretary of Safety and Homeland Security of the State of Delaware
or his duly authorized designee and obtain the proper license.
A.
Any person driving a vehicle shall have in his immediate
possession at all times a valid operator's license and shall display
the same upon demand of a uniformed police officer. It shall be a
defense to any charge under this subsection if the person so charged
produces in court an operator's license theretofore issued to such
person and valid at the time of his arrest.
B.
A nonresident over the age of 16 years who has been
duly licensed under a law requiring the licensing of operators in
his home state or country and who has in his immediate possession
a valid operator's license issued to him in his home state or country
shall be permitted to drive a vehicle upon the highways of Bethany
Beach.
A.
No person shall drive a vehicle on a highway without
having first been licensed.
B.
No person shall drive a vehicle on a highway after
serving a period of license suspension, license revocation or license
denial without first having obtained a valid license through proper
reinstatement procedures.
C.
No person shall drive on a highway a motor vehicle
of a class or type for which he has not been duly licensed.
D.
No person whose license has expired shall drive a
vehicle on a highway.
A.
It shall be unlawful for any person or persons to
drive a vehicle on a highway at a speed greater than is reasonable
and prudent under the conditions and without 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 conveyance on or entering the highway,
in compliance with legal requirements and the duty of all persons
to use due care.
B.
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:
(1)
On Garfield Parkway, Route 1 and Kent Avenue, such
speeds as established and posted by the State Highway Department.
(2)
Speed limits on Town streets shall be 25 mph except
as otherwise provided by resolution adopted by the Town Council; provided,
however, that no speed limit modified by resolution of the Town Council
shall be enforceable until signage indicating the effective speed
limit has been properly installed upon such streets.
[Amended 10-19-2001 by Ord. No. 357]
A.
No person shall drive a vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic except
where reduced speed is necessary for safe operation or in compliance
with the law.
A.
No person shall drive any vehicle in any race, speed
competition or contest, drag race or acceleration contest, test of
physical endurance or exhibition of speed or acceleration and no person
shall aid, bet, promote, assist or in any manner participate in any
such race, competition, contest, test or exhibition.
B.
No person shall accelerate or try to accelerate his
vehicle at a rate which causes the drive wheels to spin or slip on
the road surface. This subsection shall not apply during periods of
inclement weather.
C.
No owner or person in charge of a vehicle shall permit his vehicle or any vehicle under his control to be used by another person for any of the purposes listed in Subsection A or B of this section. If any vehicle is witnessed by a police officer to be in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.[1]
A.
No person shall drive a vehicle over any bridge or
elevated structure constituting a part of the highway at a speed which
is greater than the maximum speed which can be maintained with safety
to such bridge or structure, when such bridge has traffic control
devices displayed. The existence of traffic control devices shall
be conclusive evidence of the maximum speed which can, with safety
to any such structures, be maintained thereon.
A.
It shall be unlawful for any person or persons to
drive any vehicle of any kind over any hills or sand dunes or stretch
of sand immediately adjacent to the beachfront of the Town of Bethany
Beach. This prohibition shall not apply to authorized emergency vehicles
or Town maintenance vehicles.
A.
No person shall walk or be upon a highway while under
the influence of intoxicating liquor and/or narcotic drugs to a degree
which renders himself a hazard.
A.
The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed in accordance with the laws of the State of Delaware or the ordinances of the Town of Bethany Beach, unless otherwise directed as authorized in § 227-79 of this article, subject to the exceptions granted to the driver of an authorized emergency vehicle by the laws of the State of Delaware.
A.
Where signs or markings are in place to define a no-passing
zone, no driver shall at any time drive on the left side of the roadway
within such no-passing zone or the left side of any pavement striping
designed to mark such no-passing zone throughout its length. This
subsection does not apply to those situations where driving on the
left side of the roadway is permitted under the laws of the State
of Delaware or under any other provision of this article nor to a
driver of a vehicle turning left into or from an alley, private road,
driveway or highway.
A.
No person shall drive any vehicle anywhere within
the corporate limits of the Town of Bethany Beach in willful or wanton
disregard for the safety of persons or property, and this offense
shall be known as "reckless driving."
A.
Whoever operates a vehicle anywhere within the corporate
limits of the Town of Bethany Beach in a careless or imprudent manner
or without due regard to road, weather and traffic conditions then
existing shall be guilty of careless driving.
B.
Whoever operates a vehicle anywhere within the corporate
limits of the Town of Bethany Beach and who fails to give full time
and attention to the operation of the vehicle or whoever fails to
maintain a proper lookout while operating the vehicle shall be guilty
of inattentive driving.
[Amended 2-17-2006 by Ord. No. 407; 2-21-2014 by Ord. No. 501]
A.
No person driving or in charge of a vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition,
removing the key and effectively setting the brake thereon and, when
standing upon any grade, turning the front wheels to the curb or side
of the highway.
B.
No person other than the owner shall park, store, leave or permit
the parking, storing, or leaving of any motor vehicle of any kind
along the street in front of a residential and/or commercial property
for a period greater than 48 hours after notice to remove such vehicle
has been placed by the Town on such motor vehicle. Upon complaint
of the owner, occupant or adjacent residential and/or commercial property
owners of the property in front of which such motor vehicle has been
parked for at least 24 hours, the Town shall place a notice to move
said vehicle within 48 hours on such motor vehicle. Any motor vehicle
not so moved within 48 hours after the notice is posted on it will
be in violation of this section and may be towed from that location
at the owner's expense.
[Amended 7-17-1987 by Ord. No. 192; 1-18-1991 by Ord. No.
255; 2-20-2004 by Ord. No. 379]
A.
With the exception of a "vehicle being used by a person
with a disability," as defined in 21 Del. C. §§ 4183,
2134, and 2135, it is unlawful to park on public or private property
any vehicle in any area under the control of the municipality or under
the control of an owner or lessee of private property that is designated
and conspicuously marked as a parking space or zone for persons with
disabilities which limit or impair the ability to walk.
B.
Parking spaces or zones for use by persons with disabilities
which limit or impair the ability to walk shall be provided in accordance
with the Building Code of the Town of Bethany Beach as amended and
adopted by the Town Council.
C.
For purposes of this section, "conspicuously marked"
means that a vertical sign has been placed at an approximate height
of at least five feet but no more than seven feet when measured from
the surface directly below the sign to the top of the sign for each
parking space or zone. The sign shall comply with federal specifications
for the identification of a parking zone or space for persons with
disabilities which limit or impair the ability to walk. A sign at
least 12 inches wide (horizontal) by 18 inches tall (vertical) that
includes the internationally recognized wheelchair symbol of access
shall be required for each parking space or zone for persons with
disabilities which limit or impair the ability to walk. These requirements
may not be construed to preclude additional markings, such as the
international wheelchair symbol or a striped extension area painted
on the space or zone, or a tow-away warning sign.
D.
Any officer authorized to issue a parking summons
and citation shall issue a written notice of violation and corrective
order to an individual of record or artificial entity of record of
private property that is generally accessible to the public who has
failed to erect and maintain signage pursuant to this section. Such
corrective order shall afford the individual of record or artificial
entity of record found in violation of this section with at least
10 calendar days and not more than 30 calendar days to achieve compliance
with this section. If after 30 days from the date that the written
notice of violation and corrective order is issued, the individual
of record or artificial entity of record has not erected and/or maintained
the required signage, the officer may issue a summons (with associated
penalties and fines) or apply for a warrant in the name of the offending
individual or artificial entity.
E.
Upon the discovery on private property of a vehicle,
other than "a vehicle being used by a person with a disability" as
defined in 21 Del. C. § 4183, in a designated parking space
or zone for persons with disabilities, the owner or lessee of the
private property may cause the illegally parked vehicle to be removed
to a private storage area maintained for the safe storage of vehicles.
Any costs of removal and storage shall be borne by the owner or operator
of the vehicle.
F.
Upon the discovery of a vehicle illegally parked in
a designated parking space or zone for persons with disabilities that
is under the control of the municipality or private property that
is generally accessible to the public, any officer authorized to issue
a parking summons and citation may cause the illegally parked vehicle
to be removed to a private storage area maintained for the safe storage
of vehicles. Any costs of removal and storage shall be borne by the
owner or operator of the vehicle. In the alternative, any officer
authorized to issue a parking summons and citation may cause a uniform
parking summons to be attached to an unattended vehicle found in violation
of this section. It is prima facie evidence that the individual or
artificial entity in whose name the unattended vehicle is registered
is responsible for the violation.
G.
An individual or artificial entity who violates any provision of this section shall, upon conviction thereof, pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Any officer authorized to issue a parking summons and citation may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles at the cost of the owner or operator of the vehicle.
[Amended 2-17-2006 by Ord. No. 407]
A.
The driver of a vehicle shall not back the same unless
such movement can be made with safety and without interfering with
other traffic.
A.
Whenever any highway has been divided into two or
more roads by an intervening space or by a physical barrier or a clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle shall be driven only upon the right-hand road unless
directed or permitted to use another road by official traffic control
devices or police officers. No vehicle shall be driven over, across
or within any such dividing space, barrier or section, except through
an opening in such physical barrier or dividing section or space or
at a crossover or intersection established, unless specifically authorized
by public authority.
A.
Except where directed to proceed by police officers
or traffic control devices, every driver of a vehicle approaching
a stop intersection indicated by a stop sign shall stop at a marked
stop line, but if none, before entering the crosswalk on the near
side of the intersection or, if none, then at the point nearest the
intersecting roadway where the drive has a view of approaching traffic
on the intersecting roadway before entering the intersection.
B.
The operator of any vehicle who has come to a full stop as provided in Subsection A of this section shall yield the right-of-way to any vehicle or pedestrian in the intersection or to any vehicle approaching on another roadway so closely as to constitute an immediate hazard and shall not enter into, upon or across such roadway or highway until such movement can be made in safety.
C.
Whenever a yield sign notifying drivers to yield the
right-of-way has been erected, it shall be unlawful for a driver of
any vehicle on the highway whose traffic is regulated by such sign
to fail to yield the right-of-way to any vehicle approaching on or
from another highway or merging roadway or to a pedestrian legally
crossing a roadway. If required for safety to stop, the stop shall
be made at a marked stop line, but if none, before entering the crosswalk
on the near side of the intersection or, if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the intersection.
Any such driver having so yielded to any vehicle in the intersection
or approaching on another roadway so closely as to constitute an immediate
hazard or to a pedestrian legally crossing a roadway shall not enter
into, upon or across such roadway or highway until such movement can
be made in safety.
A.
The operator of any vehicle facing a red signal shall stop before crossing the stop limit, whether marked by sign or painted line or, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown or as provided in Subsection B of this section.
B.
When a traffic control device is not in place prohibiting
such turn, the operator of a vehicle facing a red signal may cautiously
enter the intersection to turn right or to turn left from a one-way
roadway onto a one-way roadway.
C.
When turns on red are permitted, the right to proceed
to turn after stopping shall be subject to the rule applicable after
making a stop as at a stop sign.
A.
No person shall drive a vehicle when it is so loaded
or when there are in the front seat such a number of persons, exceeding
three, so as to obstruct the view of the driver to the front or sides
of the vehicle or as to interfere with the driver's control over the
driving mechanism of the vehicle.
A.
No person shall throw or deposit upon any highway
or upon any adjacent property any glass bottle, glass, nails, tacks,
wire, cans or any other substance likely to injure any person, animal
or vehicle upon such highway or adjacent property.
B.
Any person who drops or permits to be dropped or thrown
upon any highway or upon any adjacent property any destructive or
injurious material shall immediately remove the same or cause it to
be removed.
C.
No person shall throw or deposit any goods, merchandise,
bundles or litter of any kind upon a highway.
D.
Any person removing a wrecked or damaged vehicle from
the highway shall remove any glass or other injurious substance dropped
upon the highway from such vehicle.
E.
No person shall leave, drop, throw away or otherwise
dispose of trash of any description in quantity to exceed five pounds
or one cubic foot upon or along any highway.
F.
If any person witnesses the violation of Subsection A, B or C of this section by a person in a vehicle and the identity of the offender is not otherwise apparent, there shall be a rebuttable assumption that the registered owner, if the driver's identity cannot be ascertained, or the driver of the vehicle is responsible for such violation.
A.
No person shall willfully fail or refuse to comply
with any lawful order or direction of any police officer or authorized
flagman or fire policeman or uniformed adult crossing guard invested
by law with the authority to direct, control or regulate vehicle or
pedestrian traffic. This provision shall not operate to relieve a
driver of the duty to operate his vehicle with due regard to the safety
of all persons using the highway.
B.
It shall be unlawful for any driver, having received
a visual or audible signal from a police officer identifiable by uniform,
by vehicle or by clearly discernible police signal, to bring his vehicle
to a stop, to operate his vehicle in disregard of the signal or to
interfere with or endanger the operation of the police vehicle or
increase his speed or extinguish his lights and attempt to flee or
elude the police officer.
A.
The driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehicle which has entered the intersection
from a different highway.
B.
When two vehicles enter an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the right.
D.
The driver of a vehicle intending to turn to the left
within an intersection or into an alley, private road or driveway
shall yield the right-of-way to any vehicle approaching from the opposite
direction which is so close as to constitute an immediate hazard.
E.
The driver of a vehicle about to enter or cross a
roadway from any place other than another roadway shall yield the
right-of-way to all vehicles approaching on the roadway to be entered
or crossed.
F.
Upon the immediate approach of an authorized emergency
vehicle making use of audible or visual signals or of a police vehicle
properly and lawfully making use of an audible signal only, the driver
of every other vehicle shall yield the right-of-way and shall immediately
drive to a position parallel to and as close as possible to the right-hand
edge or curb of the roadway clear of any intersections and shall relinquish
the right-of-way until the authorized emergency vehicle has passed,
except when otherwise directed by a police officer. This section shall
not operate to relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons
using the highway.
G.
The driver of a vehicle about to drive onto or across
a lane or lanes of a divided highway from the intervening space between
opposing lanes where there is no official traffic control device shall
yield the right-of-way to any vehicle approaching on the divided highway.
A.
No person whose driver's license or driving privileges
have been suspended or revoked shall drive any vehicle on a highway
during the period of suspension or revocation.
A.
The driver of a vehicle shall not follow another vehicle
more closely than is reasonable and prudent, having due regard for
the speed of such vehicles and the traffic upon and the condition
of the highway.
A.
No person shall drive a moped or triped without having
been licensed as an operator of a vehicle under the laws of the State
of Delaware. The licensee shall have such license in his immediate
possession while operating a moped or triped.
A.
No person riding upon any bicycle, coaster, roller
skates, sled or toy vehicle shall attach the same or himself to any
vehicle upon a highway.
A.
No person shall ride upon any vehicle without the
consent of the driver, and, when any person is riding upon any vehicle
with the driver's consent, no part of the person's body must protrude
beyond the limits of the vehicle.
A.
Where a sidewalk is provided and accessible, it shall
be unlawful for any pedestrian to walk along and upon an adjacent
roadway.
B.
Where a sidewalk is not available, any pedestrian
walking along and upon a highway shall walk facing traffic only on
a shoulder, as far as practicable from the edge of the roadway.
C.
Where neither a sidewalk nor a shoulder is available,
any pedestrian walking along and upon a highway shall walk as near
as practicable to an outside edge of the roadway and shall walk facing
traffic.
D.
Except as otherwise provided in this article, any
pedestrian shall yield the right-of-way to all vehicles upon the highway.
A.
When a school bus is stopped on the roadway or shoulder
approximately parallel to the travelway and displays flashing lamps
as required by the State of Delaware, the driver of any vehicle approaching
the school bus from the front or from the rear shall stop before passing
the bus and remain stopped until such bus begins to move or no longer
has the red stop lamps activated. On roadway or roadways with four
or more lanes, the driver approaching from the front shall not stop.
A.
The driver of any vehicle involved in an accident
on the highways resulting in apparent damage to property shall immediately
stop such vehicle at the scene of the accident. The driver shall immediately
undertake reasonable efforts to ascertain whether any person involved
in the accident was injured or killed. If such accident resulted in
injury or death, the driver shall comply with 21 Del. C. § 4203.
If the damage resulting from such accident is to the property of the
driver only, with no damage to the person or property of another,
the driver need not stop at the scene of the accident but shall immediately
make a report of the damage resulting.[1]
B.
The driver shall give his name and address and the
registration number of his vehicle and exhibit his driver's license
or other documentation of driving privileges to the owner of the property
or the driver or occupants of any vehicle with which his vehicle collides.
A.
The driver of any vehicle involved in an accident
resulting in injury or death to any person anywhere within the corporate
limits of the Town of Bethany Beach shall immediately stop such vehicle
at the scene of such accident. He or she shall give his or her name
and address and the registration number of his or her vehicle and
exhibit his or her driver's license or other documentation of driving
privileges to the person struck or the driver or occupants of any
vehicle collided with and shall render to any person injured in such
accident reasonable assistance, including the carrying of such person
to a hospital or physician or surgeon for medical or surgical treatment
if it is apparent that such treatment is necessary or is requested
by the injured person, or by contacting appropriate law enforcement
or emergency personnel and awaiting their arrival.[1]
A.
The driver of any vehicle involved in an accident resulting in injury or death to any person, property damage in an apparent extent of $500 or more, or when it appears that any accident involves a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof, shall immediately, after complying with requirements of §§ 227-88 and 227-89 of this article, report such action to the nearest state police station.[1]
A.
No person shall drive a vehicle, including a motorcycle,
on a highway unless such vehicle or motorcycle is equipped with a
muffler in good working order and in accordance with manufacturer's
specifications and in constant operation to prevent excessive or unusual
noise.
B.
No person shall use a muffler cutout on any vehicle
on a highway.
A.
Every vehicle when operated upon a highway shall be
equipped with brakes adequate to control the movement of and to stop
and to hold such vehicle and any trailer or semitrailer attached thereto,
including two separate means of applying the brakes, each of which
means shall be effective to apply the brakes to at least two wheels
and shall be so constructed that no part which is liable to failure
shall be common to the two. A motorcycle need be equipped with only
one brake. All brakes shall be maintained in good working order and
shall conform to regulations not inconsistent with laws of the State
of Delaware and this article, to be promulgated by the Secretary of
Safety and Homeland Security of the State of Delaware or his or her
duly authorized designee.
A.
Every vehicle when operated upon a highway shall be
equipped with a horn in working order capable of emitting sound audible
under normal conditions from a distance of not less than 200 feet.
A.
Every vehicle upon a highway shall, at any time from
sunset to sunrise or during fog, smoke, rain or when windshield wipers
are in use because of weather conditions or at any other time when,
due to insufficient light or unfavorable atmospheric conditions, persons
and vehicles on the highway are not clearly discernible at a distance
of 1,000 feet ahead, display lighted headlamps and tail lamps.[1]
A.
Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps shall be visible, said provision shall apply during the times stated in § 227-94 of this article in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
B.
Whenever requirement is hereinafter declared as to
the mounted height of lamps or devices, it shall mean from the center
of such lamp or device to the level ground upon which the vehicle
stands when such vehicle is without load.
A.
Every vehicle, trailer, semitrailer or pole motor-driven
cycle shall be equipped with at least two headlamps with at least
one on each side of the front of the vehicle, which headlamps shall
comply with the requirements and limitations set forth by the laws
of the State of Delaware and this article.
A.
Every vehicle, trailer, semitrailer and pole trailer
and any other vehicle which is being drawn at the end of a train of
vehicles shall be equipped with at least one tail lamp, mounted on
the rear, which, when lighted as hereinbefore required, shall emit
a red light plainly visible from a distance of 500 feet to the rear,
provided that, in the case of a train of vehicles, only the tail lamp
on the rearmost vehicle need actually be seen from the distance specified.
And further, every such above-mentioned vehicle, other than a truck
tractor, registered in the State of Delaware and manufactured or assembled
after July l, 1956, shall be equipped with at least two tail lamps
mounted on the rear, which, when lighted as herein required, shall
comply with this section.
B.
Every tail lamp upon every vehicle shall be located
at a height of not more than 72 inches nor less than 20 inches.
C.
Either a tail lamp or a separate lamp shall be so
constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance of
50 feet from the rear. Any tail lamp or tail lamps, together with
any separate lamp for illuminating the rear registration plate, shall
be so wired as to be lighted whenever the headlamps or auxiliary driving
lamps are lighted.
A.
Any vehicle may be equipped and, when required under
the laws of the State of Delaware or this article, shall be equipped
with a stop lamp or lamps on the rear of the vehicle, which shall
display a red or amber light or any shade of color between red and
amber visible from a distance of not less than 100 feet to the rear
in normal sunlight and which shall be actuated upon application of
the service (foot) brake and be incorporated with one or more rear
lamps.
B.
Any vehicle may be equipped and, when required under the laws of the State of Delaware or this article, shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purpose of indicating an intention to turn either to the right or left. When lamps are used for such purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display white or amber light or any shade of color between white and amber visible from a distance of not less than 100 feet from the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and when in use shall display a red or amber light or any shade of color between red and amber visible from a distance of not less than 100 feet to the rear in normal sunlight. When actuated, such lamps shall include the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for such purpose, said devices shall be self-illuminated when in use at the times mentioned in § 227-94.
A.
Any vehicle may be equipped with not more than two
backup lamps either separately or in combination with other lamps,
but any such backup lamp shall be not lighted when the motor vehicle
is in forward motion.
A.
Except as otherwise hereinafter provided, the headlamps
or auxiliary driving lamp or the auxiliary passing lamp or combination
thereof on vehicles other than motorcycles or motor-driven cycles
shall be so arranged that the driver may select at will between distributions
of light projected to different elevations, and such lamps may, in
addition, be so arranged that such selection can be made automatically,
subject to the limitation that every new vehicle, other than a motorcycle
or motor-driven cycle, registered in the State of Delaware after January
1, 1956, which has multiple-beam road-lighting equipment shall be
equipped with a beam indicator which shall be lighted whenever the
uppermost distribution of light from the headlamps is in use and shall
not otherwise be lighted. Said indicator shall be so designed and
located that when lighted it will be readily visible without glare
to the driver of the vehicle so equipped.
A.
No vehicle shall be driven or moved on any highway
unless it is so constructed or loaded as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.
A.
A person operating a motorcycle shall ride only upon
the permanent and regular seat attached thereto, and such operator
shall not carry any other person nor shall any other person ride on
a motorcycle unless such motorcycle is designed to carry more than
one person, in which event a passenger may ride upon the permanent
and regular seat if designed for two persons or upon another seat
firmly attached to the rear or side of the operator, and said motorcycle
shall be equipped with passenger footrests.
B.
Every person operating or riding on a motorcycle shall
have in his possession a safety helmet approved by the Delaware Secretary
of Safety and Homeland Security and shall wear eye protection approved
by the Secretary; provided, however, that every person up to 19 years
of age operating or riding on a motorcycle shall wear a safety helmet
and eye protection approved by the Secretary.
C.
No portion of the handlebars on a motorcycle may extend
more than 15 inches above the level of the operator's regular seat.
The operator shall keep at least one hand on a handgrip of the handlebars
at all times when moving.
D.
A person shall ride upon a motorcycle only while sitting
astride the seat, facing forward, with one leg on each side of the
motorcycle.
E.
No person shall operate a motorcycle while carrying
any package, bundle or other article which prevents him or her from
keeping both hands on the handlebars.
F.
No operator shall carry any person nor shall any person
ride in a position that will interfere with the operation or control
of the motorcycle or the view of the operator.
A.
No person shall fail to answer any summons to appear
in the Alderman's Court to answer for any violation of this article,
after notice thereof served personally or securely fastened to the
vehicle of which such person is the owner or operator.
Any person who violates any provision of this article shall be assessed court costs as provided in § 1-2 of the Code of the Town of Bethany Beach.
[Added 7-17-1987 by Ord. No. 192]
A.
No person shall operate any vehicle in any manner
in violation of the restrictions imposed in a restricted license issued
to that person.
A.
No person shall:
(1)
Display or cause or permit to be displayed or
have in possession any operator's license knowing such license to
be fictitious or to have been canceled, revoked, suspended or altered.
(2)
Lend to or knowingly permit the use of, by one
not entitled thereto, any operator's license issued to the person
so lending or permitting the use thereof.
(3)
Display or represent as one's own any operator's
license not issued to the person so displaying the license.
[Added 1-17-1992 by Ord. No. 267]
B.
Driver requirements; front-seat passenger; exceptions;
working conditions.
(1)
The driver of a vehicle operated on a street
or highway in the Town of Bethany Beach shall wear a properly adjusted
and fastened seat belt that meets the requirements specified by the
Federal Motor Vehicle Safety Standard No. 209.
C.
Exceptions. This section shall not apply to a driver
or passenger of:
(1)
A vehicle in which the driver or passenger possesses
a written verification from a licensed physician that the driver or
passenger is unable to wear an occupant protection system for physical
or medical reasons.
(2)
A motor vehicle which is not required to be
equipped with an occupant protection system under federal law.
(3)
A motor vehicle operated by a letter carrier
of the United States Postal Service while performing the duties of
a letter carrier.
D.
A vehicle shall not be stopped by a police officer
for failing to comply with this section.
E.
No person shall install, distribute, have for sale,
offer for sale or sell any occupant protection system for use in a
vehicle unless it meets current minimum standards and specifications
under federal law.
F.
Every owner of a vehicle shall maintain all occupant
protection systems and assemblies and mechanisms required by this
section in proper working condition and in a manner that will enable
occupants to use them.
[Added 3-18-1994 by Ord. No. 285]
A.
Every person shall be responsible, when transporting
a child through the age of seven and up to and including the weight
of 65 pounds in a motor vehicle operated on the roadways, streets
or highways in the Town of Bethany Beach, for providing for the protection
of the child by properly using a child passenger restraint system
meeting the federal motor vehicle standards. The duty imposed by this
section shall not apply to any operator or passenger of a motor bus,
limousine or taxicab as defined in 2 Del. C. § 1801.[1]
B.
The court may, upon presentation of evidence that
a violator of this section has purchased or obtained a child passenger
restraining system subsequent to the violation, dismiss all charges
pursuant to this section.
C.
Any person convicted of violating this section shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties for each violation. The failure to provide a child restraint system for more than one child in the same vehicle at the same time, as required in this section, shall be treated as a separate offense.
[Amended 8-17-2007 by Ord. No. 430; 5-15-2009 by Ord. No. 448]
D.
Failure to wear a child passenger restraint system
shall not be considered as evidence of either comparative or contributory
negligence in any civil suit arising out of any motor vehicle accident
in which a child through the age of seven is injured, nor shall failure
to wear a child passenger restraint system be admissible as evidence
in the trial of any civil action.[2]
E.
Airbag to be rendered inoperable.[3]
(1)
No child who is 65 inches or less in height
and who is under 12 years of age shall occupy the front passenger
seat of any vehicle equipped with a passenger-side airbag that has
not been deliberately rendered inoperable in conformity with federal
law. This subsection shall not apply to vehicles equipped with a passenger-side
airbag specifically designed or modified by the vehicle's manufacturer
for use by children and small adults.
(2)
It shall not be a violation of this section
for a child 65 inches or less in height and under 12 years of age
to occupy the front passenger seat of a vehicle equipped with a passenger-side
airbag that has not been deliberately rendered inoperable in conformity
with federal law if such vehicle does not have a rear passenger seat
or if all rear passenger seats are occupied by other children 65 inches
or less in height and under 12 years of age. A violation of this subsection
shall be considered a secondary offense, and no motor vehicle shall
be stopped by a police officer solely for failure to comply with this
subsection.
