[Adopted 8-2-2004]
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 Town 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.
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 Town Council.
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 tow-away warning sign.
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 article. Such corrective order shall afford the individual of record or artificial entity of record found in violation of this article with at least 10 calendar days and not more than 30 calendar days to achieve compliance with this article. 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.
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.
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 Town 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 article. It is prima facie evidence that the individual or artificial entity in whose name the unattended vehicle is registered is responsible for the violation.
An individual or artificial entity who violates any provision of this article 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.