The purpose of this chapter is to eliminate abandoned vehicles
which tend to impede traffic in the streets or interfere with the
enjoyment of and reduce the value of private property; to invite plundering;
to create fire hazards and other safety and health hazards to children
as well as to adults; to interfere with the comfort and well-being
of the public; and to create, extend and aggravate urban blight.
It shall be unlawful for any person, firm or corporation to
store or deposit or cause to be stored or deposited or, as owner,
occupant, lessee, agent, tenant or otherwise of any private or public
property within the City of Lewes, or to permit the storage of:
A. Any vehicle that is inoperable, dismantled, wrecked or from which
major components have been removed, is in such a state of disrepair
as to be incapable of being operated in the manner for which it is
designed and is situated on private property and appears to have been
abandoned.
B. Any vehicle which is inoperable, dismantled, wrecked or from which
the major components have been removed and which shall have been placed
upon any public highway or property within the City of Lewes for a
period in excess of 12 hours without being removed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C. Any vehicle on public or private property for a period in excess of 30 days, whether such vehicle is operable or not, which is not properly licensed, registered and equipped in accordance with the laws of the State of Delaware; provided, however, that if, in the opinion of the Police Department, such vehicle constitutes a danger to the public or an impediment to the normal flow of traffic, such vehicle may be moved immediately in accordance with the provisions of §
181-5.
D. Any vehicle on public or private property for a period in excess of 90 days, regardless of the condition of same, without moving and operating such vehicle; provided, however, that if, in the opinion of the Police Department, such vehicle constitutes a danger to the public or an impediment to the normal flow of traffic, such vehicle may be moved immediately in accordance with the provisions of §
181-5.
As used in this chapter the following terms shall have the meanings
indicated:
VEHICLE
Every vehicle operated or driven or capable of being driven
or operated upon a public highway by any power other than muscular
power, which includes electric power obtained from overhead trolley
wires and includes vehicles operated upon rails and such vehicles
as are run only upon rails or tracks. For the purposes of this chapter,
"motor vehicles" shall include tractors used exclusively for agricultural
purposes, self-propelled combines, self-propelled corn and hay-harvesting
machines and self-propelled caterpillar or crawler-type equipment
and shall also include motorcycles, omnibuses and house trailers.
The provisions of this chapter shall not apply to the following:
A. Those vehicles whose owners have properly parked and locked them
and have notified the Police Department that the owner desires to
leave the vehicle so parked and secured for a period not to exceed
30 days, except that if during such period the vehicle is no longer
secured, or, in the opinion of the Police Department has become a
danger to the public, then the vehicle shall be subject to the provisions
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Vehicles and equipment used or to be used in the construction, operation
or maintenance of public utility facilities and which are left in
a manner which does not interfere with the normal movement of traffic.
C. Motor vehicles altered for drag or stock car racing, as long as said
motor vehicles are maintained on registered trailers.
D. Vehicles being held for sale or resale in a commercial zone.
E. Vehicles which are classified as antiques under state laws.
F. Any vehicle within a completely enclosed garage or storage area.
The Police Department, upon causing the removal of an abandoned vehicle, shall immediately ascertain the identity of any person or persons holding a lien against said vehicle. Within five days of the removal of the vehicle, the Police Department shall cause a written notice to be mailed to the registered owner of the vehicle removed and lienholders stating that the vehicle has been removed pursuant to law, the place to which it has been removed and that the vehicle may be sold to satisfy the costs of removal and storage of the vehicle as provided in §
181-7, unless those costs have been paid in full on or before 30 days from the date of the removal of the vehicle. If the address of the owner of the vehicle cannot be ascertained by the exercise of reasonable diligence, then the notice provided by this section shall not be required to be given.
Upon the sale of a vehicle pursuant to this chapter, all claims
or interest therein shall be forever barred.
This chapter shall be enforced by the Police Department under
the supervision and administration of those officials that are assigned
the duties of supervising and administering the Police Department
by the Charter of the City of Lewes.
Neither the City of Lewes nor any official or employee of the
City acting under this chapter and no one who tows or stores a vehicle
as a result of his being told to do so pursuant to this chapter shall
be liable to criminal prosecution arising from such action or be liable
to any person for the injury, loss or destruction of any real or personal
property which occurs in the course of the removal or storage of any
vehicle taken into custody under this chapter.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall be subject to a fine of not less than $50 nor more than $500
and imprisonment for a term of not less than 20 days nor more than
60 days for each such conviction. Each day that a violation of any
of the provisions of this chapter continues shall be deemed and taken
to be a separate and distinct violation.