[HISTORY: Adopted by the Mayor and Council of the Town of Delmar, Delaware, 12-19-2011 by Ord. No. 161. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
A. 
A vehicle, other than a hazardous or unlawful vehicle, on the public way or in a public parking lot in such a state of disrepair that it is incapable of being driven, or a vehicle, other than a hazardous or unlawful vehicle, on the public street or in a public parking lot that has not been moved for a period of 72 hours and appears to have been abandoned by its owner based on:
(1) 
Its condition;
(2) 
The period during which it has not been moved; or
(3) 
Other circumstances indicating abandonment.
B. 
A vehicle on private property without the consent of the property owner, proprietor or agent, which person has requested that the vehicle be towed, or a vehicle, other than a hazardous or unlawful vehicle, defined as abandoned, or subject to being towed, by any ordinance of the Town.
BICYCLE
Includes that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of three wheels and which may be commonly known as "unicycles," "bicycles" and "tricycles." The term "bicycle" also includes a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
BOAT
A small, open water vehicle propelled by oars, sails, engine, etc.; a large such vehicle for use in inland waters.
CAMPING TRAILER
Includes any nonmotorized vehicular portable unit mounted on wheels and designed to provide temporary living quarters for recreational, camping or travel use. A camping trailer may be constructed with or without collapsible partial side walls that fold for towing by another vehicle and unfold in setup mode, however, the trailer must weigh 5,000 pounds or less.
COMBINATION OF VEHICLES
Any series of trucks, truck tractors, trailers or semitrailers connected to each other by whatever means.
COMMERCIAL VEHICLE
A vehicle of a type required to be registered under 21 Del. C. § 101 et seq., designed, used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
COMPETITION VEHICLE
A vehicle that is specifically designated by its manufacturer as being intended solely for use during a special or competition event, and which is exclusively so used.
DISABLED, INOPERABLE OR JUNK VEHICLE
Any motor vehicle, such as automobile, truck, van, trailer, motor home, motorcycle or any other type of yard, farm or road equipment, remaining on the street for 72 hours or more, having one or more of the following conditions: expired registration, unregistered vehicle, or inoperable as applicable to state law.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD)
A self-balancing, two-nontandem-wheeled device designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
FARM TRACTOR
Includes every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
HIGHWAY
The entire width between boundary lines of every way or place of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.
INOPERABLE VEHICLE
A. 
Any vehicle, whether on public or private property and in view of the general public, from which, for a period of at least 14 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power; or
B. 
Any vehicle on private property and in view of the general public which does not maintain vehicle license plates or license stickers affixed in a manner prescribed in the Delaware Vehicle Code; or
C. 
Any vehicle on private property and in view of the general public which has invalid license plates; or
D. 
Any vehicle on private property and in view of the general public which is in violation of any provision of the Delaware Vehicle Code which would prohibit the vehicle from being driven.
E. 
"Inoperable motor vehicle" shall not include:
(1) 
Vehicles kept within a building when not in use;
(2) 
Operable and registered historic vehicles over 25 years of age;
(3) 
Vehicles on the premises of a place of business engaged in the automotive repair and maintenance of motor vehicles; or
(4) 
Vehicles which have been rendered temporarily incapable of being driven under their own motor power in order to perform ordinary service or repair operations.
MOBILE HOME
A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on-site is more than 400 square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating and air conditioning. The structure must be constructed in accordance with construction requirements promulgated by the federal Department of Housing and Urban Development (HUD).
MOPED
A pedal or nonpedal bicycle having two tandem wheels, either of which is 10 inches or more in maximum diameter, and having a motor characterized in that the maximum piston displacement is less than 55 cubic cenimeters or an electric motor rated between 751 watts and 2,000 watts.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
MOTOR VEHICLE
Includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric personal assistive mobility devices and OHVs.
MOTORCYCLE
Includes every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the definition of "tractor" and excepting electric personal assistive mobility devices (EPAMD).
MOTORIZED SKATEBOARD OR SCOOTER
Any device that is designed to travel on at least two wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand-controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion. "Motorized skateboard or scooter" shall not include any automobile or device that is included within the definitions of "moped," "motorcycle," "off-highway vehicle (OHV)," any type of tractor, triped, "motorized wheelchair" or "electric personal assistive mobility device (EPAMD)" set forth in this section.
MOTORIZED WHEELCHAIR
Includes any self-propelled vehicle which is incapable of a speed in excess of eight miles per hour and which is designed for, and used by, a handicapped person.
OFF-HIGHWAY VEHICLE (OHV)
A motor-driven, off-road vehicle, capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multiwheel drive or low-pressure tire vehicle, a motorcycle or related two-wheel vehicle, an amphibious machine, a ground effect air-cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind. "OHV" does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law enforcement purposes, a construction or logging vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft. However, nothing in this definition shall be construed to include snowmobiles.
OPERATOR
Includes every person who is in actual physical control of a motor vehicle upon a highway, except the term "operator" shall include a chauffeur.
OWNER
A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
PARK or PARKING
The standing of a vehicle, whether occupied or not, upon a street, except for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.
PLAY VEHICLES
Skateboards, roller skates, soapbox vehicles and other similar devices. "Play vehicles" shall not include tricycles and/or other three-or-more-wheeled toys commonly used by small children under the supervision of any adult parent or other responsible person, unless specified herein.
A. 
Play vehicles shall include scooters, as defined as a vehicle which has handlebars and is designed to be stood on by the operator, or any other definition of "scooter" as set forth in the Transportation Article of the Annotated Code of Maryland, as amended from time to time.
B. 
Play vehicles shall include scooters which are motorized, nonmotorized, battery-operated, self-propelled or any combination thereof.
RECREATIONAL VEHICLE
Includes every motor vehicle used for temporary human living quarters, not the residence of the owner or occupant, and used for recreational or vacation activities, including motor homes, self-propelled campers and other motor vehicles with permanently attached camper components. "Recreational vehicle" may also include every van which is used primarily for personal pleasure and not for commercial use, regardless of the equipment or furnishings contained within such van.
ROADWAY
That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.[1]
SEMITRAILER
Includes every vehicle of the trailer-type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, and piling and pole trailers are to be considered to fall within the meaning of this definition.
SKATEBOARD
A short, narrow board having a set of four wheels mounted under it, ridden in a standing or crouching position and often used to perform stunts.
STAND
To halt a vehicle, whether or not it is occupied, when engaged in loading or unloading passengers.
STOP
In a mandatory sense:
A. 
The complete cessation from movement; and
B. 
To halt even momentarily a vehicle, whether or not it is occupied.
STREET
Any public street, avenue, road, alley, highway, lane, path or other public place located in the Town of Delmar, Delaware, and established for the use of vehicles.
TRAILER
Includes a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle, without motive power, designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
TRUCK TRACTOR
Includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VAN
A large or small vehicle for carrying goods or delivery of goods by road.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting electric trackless trolley coaches, electric personal assistive mobility devices and excepting off-highway vehicles.
[1]
Editor's Note: The original definition of "scooter," which immediately followed, was repealed at time of adoption of Code (see Ch. 305, General Provisions, Art. I)
A. 
Fire hydrants. It shall be unlawful for any person to park or let stand any motor vehicle, trailer or motor home in front of a fire hydrant so as to block said hydrant or park within 15 feet of said fire hydrant on any highway, street, or road within the Town limits of Delmar, Delaware.
B. 
Parking at intersections. It shall be unlawful for any person to park or let stand any motor vehicle, trailer or motor home within 20 feet of any intersection at any highway, road, or street within the Town of Delmar, Delaware.
C. 
Blocking private driveway. It shall be unlawful for any person to park within five feet of any driveway or to park or let stand any motor vehicle, trailer or motor home, whether occupied or not, except momentarily to pick up or discard passengers or to deliver or pick up packages in front of a private driveway, except with the consent of the owner or occupant of the premises, on any highway, road, street or within the Town limits of Delmar, Delaware.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
D. 
Parking on sidewalk. It shall be unlawful for any person to park or let stand any motor vehicle, trailer or motor home, whether the vehicle is occupied or unoccupied, on any sidewalk within the Town limits of Delmar, Delaware.
E. 
Parking or blocking crosswalks. It shall be unlawful for any person to park or let stand any motor vehicle, trailer or motor home across any marked crosswalk, whether the vehicle is occupied or unoccupied, on any highway, road, or street within the Town limits of Delmar, Delaware.
F. 
Left side parking. It shall be unlawful for any person to park or let stand any motor vehicle, trailer or motor home on the opposite side of any highway, road, or street facing the opposite flow of traffic within the Town limits of Delmar, Delaware.
G. 
Red or yellow lines. It shall be unlawful to park, stop or let stand any motor vehicle, trailer or motor home, whether occupied or unoccupied, next to any red or yellow line that has been painted on the curbs of any highway, road, or street within the Town limits of Delmar, Delaware.
H. 
Fire lanes. It shall be unlawful to park, stop or let stand any motor vehicle, trailer or motor home, whether occupied or unoccupied, on any highway, road, street, or parking lot or any area where such activity has been prohibited by an official sign reading "Fire Lane - No Parking" within the Town limits of Delmar, Delaware, except that in shopping centers vehicles are permitted to stop to pick up passengers or packages.
I. 
Double-parking. It shall be unlawful to park, stop or let stand any motor vehicle, trailer or motor home, whether occupied or unoccupied, doubled-parked, except to discharge passengers or to deliver packages when there are no parking spaces available (if spaces are available the operator of the vehicle must park said vehicle in the parking space), within the Town limits of Delmar, Delaware.
J. 
Parking on traveled portion of highway. It shall be unlawful to park, stop or let stand any motor vehicle, trailer or motor home that is unoccupied on any traveled portion of any highway, road, or street within the Town limits of Delmar, Delaware, except as set forth in Chapter 516, Vehicles, Recreational and Commercial, of the Town Code.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
K. 
Handicapped parking. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home, whether occupied or unoccupied, in any parking spaces designated by official handicap signs on any highway, road, street, or parking lot within the Town limits of Delmar, Delaware. Exceptions are those vehicles that have placed on their vehicles a handicapped license plate, handicapped sticker attached to the front windshield or a valid permit.
L. 
Blocking emergency/public safety facilities. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home, whether occupied or unoccupied, within 20 feet of the driveway entrance to any fire station and on the side of a highway opposite the entrance to any fire station within 75 feet of the entrance when properly designated by traffic control devices within the Town limits of Delmar, Delaware.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
M. 
Parking in Town parks. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home in any Town park within the Town limits, except to set up for major events or where parking spaces have been authorized by the Town of Delmar, Delaware.
N. 
No parking signs. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home in an area where parking is prohibited by official signs that have been posted and read "No Parking" within the Town limits of Delmar, Delaware.
O. 
No parking between signs. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home in an area where parking is prohibited by an official sign that has been posted and which reads "No Parking Between Signs" with an arrow to indicate the areas of no parking within the Town limits of Delmar, Delaware.
P. 
Parking at railroad crossing. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home within 50 feet of any railroad grade crossing.
Q. 
Curb parking. It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home at a curb where the right-hand wheels are more than 12 inches from the curb or edge of the roadway on any highway, road, or street within the Town limits of Delmar, Delaware.
R. 
Improper parking. It shall be unlawful for any person to park or let stand any motor vehicle, trailer, motor home or motorcycle in a manner so as to park the vehicle across any line or marking of any parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings on any highway, road, street, or parking lot within the Town limits of Delmar, Delaware.
S. 
Tractor trailer. It shall be unlawful to park any tractor or trailer or combination thereof on the street in the Town of Delmar unless it is loading or unloading.
T. 
Refrigeration units. It shall be unlawful for any motor vehicle with a refrigeration unit parked on any street in the Town limits of Delmar, DE, if such device while in operation unreasonably disturbs the use and enjoyment of any property within 200 feet of such parked vehicle.
A. 
An officer who discovers a vehicle parked in violation of this chapter shall:
(1) 
Deliver a citation to the driver or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place; and
(2) 
Keep a copy of the citation bearing his or her certification under penalty of perjury that the facts stated in the citation are true.
B. 
In the absence of the driver, the registered owner of the vehicle is presumed to be the person receiving the citation.
A. 
The parking citation will be in three parts as described below:
(1) 
Part I (office copy). This copy shall be retained by the Delmar Police Department and filed according to the citation number.
(2) 
Part II (officer's copy). This copy shall be retained in the officer's parking citation book for his/her records.
(3) 
Part III (offender's copy). This copy shall be placed on the vehicle at the time the citation is issued and will be used as the first notice.
B. 
When a parking citation is issued, all copies except the officer's copy will be pulled from the citation book. The offender's copy shall be placed on the vehicle and the office copy shall be turned in at police headquarters.
C. 
If the citation is paid within 30 days of issuance of the citation, this copy will be marked paid, dated and filed.
D. 
If the fine is not paid within 30 days of issuance of the citation, the fine will be doubled.
E. 
If the fine is not paid in 60 days of issuance of the citation, then the fine will double once more, and the Delaware Division of Motor Vehicles will be advised to suspend all renewal requests for vehicle registration.
[Amended at time of adoption of Code (see Ch. 305, Art. II)]
The fines for violations under this chapter shall be as follows:
Section
Violation
Fine
§ 500-5A
Fire hydrants
$50
§ 500-5B
Parking at intersections
$50
§ 500-5C
Blocking private driveway
$50
§ 500-5D
Parking on sidewalk
$50
§ 500-5E
Parking on or blocking crosswalk
$50
§ 500-5F
Left side parking
$50
§ 500-5G
Red-yellow line
$50
§ 500-5H
Fire lanes (posted)
$75
§ 500-5I
Double-parking
$50
§ 500-5J
Parking on traveled portion of highway
$50
§ 500-5K
Handicapped parking
$100
§ 500-5L
Blocking emergency/public safety facilities
$75
§ 500-5M
Parking in Town park
$50
§ 500-5N
No parking sign
$50
§ 500-5O
No parking between signs
$50
§ 500-5P
Parking at railroads
$50
§ 500-5Q
Curb parking
$50
§ 500-5R
Improper parking
$50
§ 500-5S
Tractor trailer parking
$75
§ 500-5T
Refrigerator unit parking
$75
A. 
The Delmar Police Department is hereby authorized and empowered and it shall be its duty to impound any unoccupied vehicle parked for 72 hours after the violation or any vehicle if it is a traffic hazard on any highway, road, or street within the Town of Delmar, Delaware, in violation of any parking ordinance of the Town of Delmar, Delaware, or any vehicle or trailer that has been wrecked or abandoned.
B. 
A vehicle so impounded shall be kept at a place to be designated by the Chief of Police of Delmar, Delaware, or by Department regulations.
C. 
The vehicle may be released to the duly identified and lawful owner upon payment of storage and towing fees and other impounding fees, in addition to any fines and court costs imposed for the violation of any parking or other ordinance of the Town of Delmar, Delaware.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
Fees shall be set from time to time by the Mayor and Council for the following:
A. 
Storage costs for impoundment of violating vehicles for unregistered vehicles, suspended registration, operating a vehicle on a suspended or revoked license, driving while intoxicated or any other state, county or local law.
B. 
Towing of all impounded vehicles for any violation.
It shall be unlawful for any person to park, stop or let stand any motor vehicle, trailer or motor home with expired registration on any highway, road, or street within the Town limits of Delmar, Delaware.
It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home without any registration plates attached to said vehicle on any highway, road, street, or parking lot within the Town limits of Delmar, Delaware.
The Mayor and Council members of Delmar, Delaware, shall have the power at any time to modify the parking restrictions in the Town in accordance with a general plan of controlling traffic flow in the Town or in accordance with the approval of a capital project. Whenever the Mayor and Council members shall determine that parking on the streets of a particular area should be restricted or banned completely, or that a speed limit should be modified, the Mayor and Council members may, by resolution passed at a regular meeting, designate such areas as no parking areas or prohibit parking during such days and times as it determines appropriate, and may modify speed limits as appropriate, and any such changes shall be marked by the placement of signs.
A. 
The Chief of Police or any police officer of the Town of Delmar, Delaware, is hereby authorized to remove or have removed any disabled, inoperable or junk vehicle upon any highway, street, or road. The Code Enforcement Officer of the Town is herby authorized to have removed any disabled, inoperable, or junk vehicle upon any property, public or private, within the Town of Delmar, Delaware.
B. 
Upon determination that a vehicle is disabled, inoperable or junk at any place within the Town of Delmar, a warning notice will be placed on the vehicle and the owner or person having charge or control of the vehicle will have 72 hours to remove the vehicle.
C. 
Said vehicles not removed within 72 hours will be impounded and stored at the Delmar Police storage lot or a private towing facility until claimed by the proper owner or disposed of in accordance with the Annotated Code of Delaware after 30 days of storage (21 Del. C. § 4404).
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
This chapter shall not apply to:
A. 
Historic or vintage vehicles defined as "antique vehicles" under the Transportation Article of the Annotated Code of Delaware (21 Del. C. § 2196).
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
B. 
A vehicle in an enclosed building.
C. 
Disabled, inoperable or junk vehicles being stored or repaired at a licensed motor vehicle repair or towing business, as long as the vehicle is in an enclosed building or behind an opaque fence that completely conceals the vehicle from passersby and/or adjoining property owners.
A. 
It shall be unlawful for any person or persons to have, possess, store, maintain, park or let stand any disabled, inoperable or junk vehicle upon any highway, road, street or any private property within the Town Delmar for more than 72 hours.
B. 
A violation of Subsection A of this section shall be deemed to be a municipal violation and shall be subject to a penalty of $50.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
A. 
The following streets within the Town of Delmar, Delaware, are hereby declared snow emergency routes. All such streets shall be duly marked by street signs.
(1) 
Bi-State Boulevard.
(2) 
State Street.
(3) 
North Pennsylvania Avenue.
B. 
Declaration of snow emergency. Upon the direction of the Mayor, after consultation with the Town Manager, Chief of Police and such other officials as the Mayor shall deem necessary, a snow emergency may be declared. After the declaration of an emergency, all vehicles parked on a designated snow emergency route shall be in violation of this section and assessed a fine in accordance with Subsection C of this section.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
C. 
Penalties for parking on snow emergency route. The owner of any vehicle parked on a Town street during a declared snow emergency shall be guilty of a municipal violation and shall be subject to a citation issued by the Delmar Police Department with a fine in the amount of $50. Citations shall be issued under this section only on the approval of the Chief of Police.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]