This article shall be known and may be cited
as the "Motor Vehicle Operation and Equipment Ordinance."
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]
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.
[Amended 1-18-1991 by Ord. No. 255; 2-17-2006 by Ord. No.
407]
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.
[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.
C. Whoever violates this section shall, upon conviction thereof, pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties.
[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]
[Amended 2-16-1990 by Ord. No. 239; 1-18-1991 by Ord. No.
255; 9-17-1993 by Ord. No. 281]
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.
B. Whoever violates this section shall, upon conviction thereof, pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties.
[Amended 8-17-2007 by Ord. No. 430; 5-15-2009 by Ord. No. 448]
[Added 1-17-1992 by Ord. No. 267]
A. The term "vehicle," as used in this section, is as defined in §
227-43 of this chapter, with the exception of motorcycles and motor scooters.
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.
(2)
The driver of a vehicle shall secure or cause
to be secured in a properly adjusted and fastened seat-belt system,
as defined by Federal Motor Vehicle Safety Standard No. 209, each
occupant of the passenger compartment who is 16 years of age or older.
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.
G. Failure to comply with this section shall be considered
as an aggravating circumstance for imposing penalties for persons
convicted of violations of other provisions of this article.
[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.
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.
E. Airbag to be rendered inoperable.
(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.