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:
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Definitions
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Department of Public Transportation and Department of Safety
and Homeland Security
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Reciprocal Agreements
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Marking of Highways and Erection of Traffic Signals and Other
Signs
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Section 7.
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Enforcement; Arrest, Bail and Appeal
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Section 8.
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Provisions Regarding Civil Traffic Offenses
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Section 21.
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Registration of Vehicles
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Section 23.
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Title and Liens
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Section 25.
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Transfer of Title, Registration and Liens
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Section 26.
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Uniform Commercial Driver License Act
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Section 27.
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Driver's License
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Section 28.
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Habitual Offenders
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Section 29.
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Motor Vehicle Safety--Responsibility
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Section 31.
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Nondriver Identification Cards
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Section 41.
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Rules of the Road
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Section 42.
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Reports of Accidents; Penalties; Interpretation of Laws
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Section 43.
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Equipment and Construction of Vehicles
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Section 44.
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Abandoned Vehicles
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Chapter 45.
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Size and Weight of Vehicles and Loads
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Section 46.
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Advertisement and Sale of Master Keys
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Section 47.
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Motor Carrier Safety--Responsibility
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Section 48.
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Occupant Protection System Safety Act
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Section 61.
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Civil Liability for Driver's Negligence
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Section 63.
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Sale of Motor Vehicles
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Section 64.
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Odometers
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Section 65.
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Traction Engines and Tractors
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Section 67.
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Theft, Unauthorized Use and Damage to Motor Vehicles
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Section 68.
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Registration and Control of Off-Highway Vehicles
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Section 69.
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Removal of Motor Vehicles from Public Highways By Police
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Section 70.
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Fire Lanes
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Section 71.
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Funeral Processions
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Section 75.
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Automotive Recyclers
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Section 80.
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Vehicle Equipment Safety Compact
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Section 81.
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Driver's License Compact
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Chapter 83.
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Commercial Driver Training School Licensing
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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.
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]
A. 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.
B. 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:
(1) Designate by explicit description or by appropriate reference all
pedicab vehicles with respect to which coverage is thereby to be granted;
(2) 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
(3) 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.
C. 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:
(1) Proof that the operator is at least 18 years old;
(2) A valid and unaltered insurance policy that provides coverage as
detailed in this section, and provides coverage for all employees,
agents and lessees.
D. Pedicab equipment.
(1) 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.
(2) Any owner or operator of pedicab services shall provide and maintain
in good operating condition the following items and equipment for
each pedicab vehicle:
(d)
Evidence of insurance; and
E. 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.