The provisions of this article imposing a time limit on parking
shall not relieve any person of the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles as set forth in 21 Del. C. § 4179,
any other Delaware statute or as hereinafter provided.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I (§
183-39) attached to and made a part of this chapter.
No person shall park a vehicle between the hours specified in Schedule II (§
183-40) of any day upon any of the streets or parts of streets described in said Schedule II attached to and made a part of this chapter.
No person shall stop or stand a vehicle during the times specified in Schedule III (§
183-41) of any day upon any of the streets or parts of streets described in said Schedule III attached to and made part of this chapter.
No person shall park a vehicle for longer than the time limit shown in Schedule IV (§
183-42) at any time between the hours listed in said Schedule IV of any day upon any of the streets or parts of streets described in Schedule IV attached to and made a part of this chapter.
Angle parking is hereby authorized upon the streets or parts of streets described in Schedule V (§
183-43), but only within the painted white stall lines.
[Added 2-8-1982; amended 7-12-2004]
A. No person shall park, stop or stand a vehicle at any time upon any of the streets or parts of streets designated in Schedule XX (§
183-58), except a vehicle for which a special plate has been issued pursuant to 21 Del. C. § 2134 or for which an authorized identification card has been issued by the Director of the Division of Motor Vehicles and displayed in the front window of such vehicle. Any vehicle operated by a handicapped person and for which a special plate or authorized identification tag has been issued shall be permitted to park 90 minutes longer than the legal parking period unless such vehicle is clearly a traffic hazard.
B. Handicapped parking and signage for persons with disabilities.
(1)
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 City 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.
(2)
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 as amended and adopted by the City Council.
(3)
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 of 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 constructed
to preclude additional markings, such as the international wheelchair
symbol or a striped extension area painted on the space or zone, or
a towaway warning sign.
(4)
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.
(5)
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.
(6)
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 City 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.
(7)
An individual or artificial entity who violates any provision
of this section shall receive a mandatory fine of $100 for a first
offense, and for a subsequent like offense, a mandatory fine of $200
or a term of imprisonment of not less than 10 nor more than 30 days,
or both. 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.
[Added 2-11-1991; amended 9-12-2011]
No person shall park, stop or stand a motor vehicle at any time
in any parking place which is already occupied by a motor vehicle,
except that up to two motorcycles shall be permitted to park within
a designated parking space. For the purposes of this section, in the
event that a designated parking space is improperly occupied by two
or more motor vehicles, a summons shall be issued for each motor vehicle
so parked unless there is evidence as to which motor vehicle or vehicles
was first properly parked.
[Amended 2-11-1991; 3-13-1995; 4-9-2001; 4-20-2009; 10-19-2009; 3-18-2019]
Except as provided in Subsection A of this section, any person violating any of the provisions of this Article
II shall, upon conviction, be subject to a fine of not less than $15 nor more than $100.
A. Any person violating §
183-11.1 of this article shall be subject to a fine of $100 for such violation if paid within seven days after the day that the violation occurs; and to accept and receive, without a hearing $150 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 $175 as a penalty for such violation if the penalty is paid after 30 days after the day that the violation occurs.
B. With the consent of a person charged with a violation under this
article, the Chief of Police or the Chief of Police's authorized representative
is authorized to accept and receive, without a hearing, $40 for such
violation if paid within seven days after the day that the violation
occurs; and to accept and receive, without a hearing, $50 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 $75 as a penalty for such violation if the penalty is paid
after 30 days after the day that the violation occurs.
[Amended 4-10-2023]
C. Any person utilizing an electronic payment system (such as Parkmobile)
or a parking pay station in any City lot and failing to properly identify
the vehicle being parked with the complete state-issued license plate
number shall be subject to the penalty associated with an expired
meter violation. The driver/owner of said vehicle may appeal said
violation. If, upon appeal, the Chief of Police (or his/her designee)
can determine proper payment was made but for an incorrect license
plate, the violation shall be replaced with a warning and be subjected
to an administrative fee of $10. After receiving one warning for entering
an incorrect license plate number, a driver/owner shall be issued
an expired meter violation and be subject to the applicable fines
for any subsequent entries of an incorrect license plate number.