[Added 3-15-2013 by Ord. No. 0313-02]
The purpose of this article is to provide for the safe and effective use and parking of motor scooters in the City through the establishment of a parking permit system, and the establishment of use and operation regulations supplemental to those provided elsewhere in this chapter and Code. Without limiting the applicability of other provisions in this chapter and Code, the following provisions applicable to motor scooters are referenced: §§ 92-28, 92-35, 92-121.
There is hereby established a parking permit system applicable to the parking of motor scooters in the City of Rehoboth Beach. The City Manager shall administer and enforce the provisions of this article.
For purposes of this article, the following definitions shall be applicable unless the context clearly indicates to the contrary:
MOTOR SCOOTER
A vehicle having two tandem wheels and a step-through chassis that is powered by a motor that is capable of propelling the device without human propulsion. "Motor scooter" shall include any device included within the definition of "moped," but shall not include any device that is included within the definition of "motorized skateboard or scooter," "motorized wheelchair," or "triped."
The City Manager shall designate certain areas within the City as exclusively motor scooter parking areas. Each area designated as a motor scooter parking area shall be posted with appropriate signage advising the public of the necessity of obtaining a parking permit pursuant to this article, as well as clearly identifying that the area is strictly for motor scooter parking, as determined by the City Manager.
A. 
No person shall park a motor scooter in the City's permit parking area, as defined in § 92-261, or in an area specifically designated for motor scooter parking from May 15 through September 15 without a valid permit issued pursuant to this article.
[Amended 2-7-2022 by Ord. No. 0222-01]
B. 
In an area designated for motor scooter parking where the nearby parking of automobiles is parallel to the curb, motor scooters shall be parked perpendicular to the curb with the back wheel of the motor scooter touching the curb.
C. 
A permit shall be prominently displayed on the motor scooter’s front fork such that said permit, including the period of time for which the permit was issued, may be readily identified by a police officer or other parking enforcement officer.
D. 
A permit issued pursuant to this article shall be nontransferable.
A person may park a motor scooter, with or without a permit, in a space regulated by a parking meter; however, displaying a permit shall not relieve the owner from payment of the meter. More than one motor scooter may be parked in a single space regulated by a parking meter, but if the meter expires, all persons having parked a motor scooter therein shall be in violation of the provisions of this chapter.
A. 
Permits issued pursuant to this article may be obtained upon payment of a fee of $55 per seasonal permit. Permits shall be available at the City's Parking Department, by mail addressed to the City Manager, or at such other locations as specified by the City Manager.
[Amended 1-19-2024 by Ord. No. 0124-01; 2-16-2024 by Ord. No. 0224-04]
B. 
All permits issued pursuant to this article shall be valid from May 15 through September 15.
[Amended 1-18-2019 by Ord. No. 0119-01; 2-7-2022 by Ord. No. 0222-01]
C. 
The City of Rehoboth Beach is not obligated to replace lost or stolen permits.
D. 
Following the receipt of a written application, the City Manager is authorized to issue special permits at his discretion for vehicles to park in a motor scooter parking area. This may include but is not limited to circumstances involving a civic event, parties, and luncheons.
A. 
Any person violating the provisions of this article shall be fined not less than $30 and no more than $200 and shall pay the costs of prosecution, including the City’s reasonable attorney's fees. For purposes of this article, an additional violation shall be deemed to occur each two hours that a motor scooter remains in violation after the original citation of violation.
B. 
With the consent of a person charged with a violation of this article, the Chief of Police, or his authorized representative, is authorized to accept and receive, without a hearing, not less than $30 as a penalty for such violation if paid within seven days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $45 as a penalty for such violation if the penalty is paid within 30 days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $110 as a penalty for such violation if the penalty is paid after 30 days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $150 as a penalty for such violation if the penalty is paid after 60 days after the day that the violation occurs.
C. 
Any police or other parking enforcement officer of the City, while in the performance of his or her duty, may remove or cause to be removed from any street any motor scooter which has accumulated three parking citations pursuant to the provisions of this chapter and which has been parked in substantially the same location for a period in excess of 12 hours, during which a parking permit is required and without displaying the required parking permit, or any motor scooter which has accumulated at least three parking citations, of which at least one must be outstanding for more than 24 hours.
D. 
Unlawful acts.
(1) 
It shall be unlawful for any person, for purposes of parking a motor scooter in an area and at a time where a motor scooter parking permit is required, to:
(a) 
Display on any motor scooter a nontransferable parking permit which was issued under this article for use on another motor scooter.
(b) 
Display on any motor scooter any document or paper which is a photocopied or otherwise reproduced version of a valid parking permit.
(c) 
Display on any motor scooter a forged, privately produced or otherwise altered version of a valid parking permit.
(2) 
Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and, upon conviction thereof, pay a fine of not less than $10 nor more than $100 and shall pay the costs of prosecution, including the City's reasonable attorney's fees. For each subsequent offense, said person shall be fined not less than $50 nor more than $200 and shall pay the costs of prosecution, including the City's reasonable attorney's fees. All subsequent offenses, before being punishable as such, shall have been committed within 12 months after the commission of the prior offense unless otherwise specifically provided.