[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 1-9-2010 by Ord. No. 669. Amendments noted where applicable.]
The following sections of Title 21 of the Delaware State Code, as amended from time to time, are hereby incorporated into the Municipal Code of the Town of Dewey Beach:
Whenever any provision of Title 21 refers to a specific section of a state statute, such section shall be deemed to have been incorporated and so enacted by the Town of Dewey Beach as a local authority, unless altered, supplemented or amended by a Town ordinance to the contrary. The court's notice of conviction for a violation of a section of this Chapter 21, as a local ordinance, when included in the person's driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. The adoption of Title 21 shall not be deemed to hinder the jurisdiction for enforcement or adjudication of violations of traffic ordinances or parking regulations, nor for the collection of any fine, court cost or other assessment imposed for such violations by the Town of Dewey Beach. The Town may further regulate the use of the streets and highways by processions or assemblages. However, local authorities, except as expressly authorized by law, shall not enact or enforce any less strident rules or regulations that would be directly contrary to Title 21, Delaware Code.
The Alderman Court of the Town of Dewey Beach shall have the power to hear, adjudicate and impose any penalty authorized by Title 21 of the Delaware Code. Any Court costs associated with adjudicating an offense under this chapter shall be established by a fee schedule and the Court may impose such costs and assessments on behalf of the Town of Dewey Beach and where required on behalf of the State of Delaware.
Any person found responsible for violating this chapter shall have a right of appeal to the Court of Common Pleas in accordance with Title 21 of the Delaware Code. An appeal may be taken, within 15 days from the time of the finding of guilt, upon giving bond with surety, satisfactory to the judge before whom a person is found responsible. Such appeal shall operate as a stay of the proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant's right to a writ of certiorari in the Superior Court.
All offenses designated as "Vehicles and Traffic" offenses are subject to voluntary assessment, except:
Violation of § 2118 of Title 21;
Violation of § 2118A of Title 21;
Violation of § 2701 of Title 21;
Violation of § 2751 of Title 21;
Violation of § 2752 of Title 21;
Violation of § 2756 of Title 21;
Violation of § 4103 of Title 21;
Violation of § 4166(d) of Title 21;
Violation of § 4175 of Title 21;
Violation of § 4175A of Title 21;
Violation of § 4177 of Title 21;
Violation of § 4177L of Title 21;
Violation of § 4201 of Title 21;
Violation of § 4202 of Title 21.
Unless a fine is otherwise provided for specifically in another section of this Code for a violation of that particular section, the fine for a violation of Chapter 21 shall be the same as authorized by Title 21, Delaware Code, as from time to time may be amended, and is incorporated herein by reference, including the collection of any state-prescribed fees, assessment or costs for compensation to victims.
[Added 5-14-2011 by Ord. No. 684]
Definition of pedicab: a bicycle-like vehicle that has at least three wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is propelled by an individual or individuals, and that is used for transporting passengers for hire.
Pedicab liability insurance policy. A "pedicab vehicle liability policy," as said term is used in this section, shall mean an owner's or an operator's policy of liability insurance, certified, as provided by a nationally recognized insurer of pedicab services, as proof of financial responsibility and issued by an insurance carrier duly authorized to transact business in the State of Delaware and expressly for pedicab services, to or for the benefit of the person named therein as insured. Such owner's policy of liability insurance shall:
Designate by explicit description or by appropriate reference all pedicab vehicles with respect to which coverage is thereby to be granted;
Insure the person named therein and any other person, as insured, using any such pedicab vehicle or rickshaw with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such pedicab vehicles within the Town limits of the Town of Dewey Beach, Sussex County, Delaware; and
State the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
Pedicab vehicle permit. Every operator or owner of a pedicab shall have a vehicle permit and display a decal issued by the Town on the upper rear panel of the vehicle. Every operator or owner must have a vehicle permit and decal for each pedicab vehicle operated or owned. Vehicle permits and decals are valid for one year from the date of issuance and are not transferable. A vehicle permit and decal shall be issued upon providing the following:
Pedicab brakes. It is unlawful for any person to operate, or cause to be operated, a pedicab that is not equipped with an hydrolic or disc braking system that is capable of skidding each wheel in contact with the ground on dry, level, clean pavement by the operator from a normal position of operation.
Traffic laws applicable to pedicabs. Every person driving a pedicab shall be granted all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle under Delaware Title 21, specifically Chapter 41, except those provisions thereof which by their nature can have no application.