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City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
[Amended 6-13-1983]
All traffic control signs, signals and devices required under this article shall be approved and authorized by the City Council and shall be operated by employees of the City of Lewes or by automatic devices.
No driver of any vehicle or any pedestrian shall disobey the directions indicated by any official traffic control sign, signal, marking or device applicable thereto and placed in accordance with the provisions of this article at the locations described in Schedule XVIII (§ 183-56) unless otherwise directed by traffic or a police officer.
No provision of this article for which traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and in a location to be seen by an ordinarily observant person.
A. 
Whenever official traffic control devices are placed in position approximately conforming to the requirements of this article, such devices shall be presumed to have been placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
B. 
Any official traffic control device placed pursuant to the provisions of this article and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to have complied with the requirements of this article unless the contrary shall be established by competent evidence.
In the event that an official or authorized traffic control device is placed and maintained at a place other than an intersection, the provisions of this article shall be applicable except as to those provisions which by their nature can have no application.
Whenever traffic is controlled by traffic control devices exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall include and apply to drivers of vehicles and pedestrians as follows:
A. 
Green alone or "Go." Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection of an adjacent sidewalk at such time such signal is exhibited.
B. 
Full yellow when shown following any green signal, full or arrow, or full amber shown at the same time:
(1) 
Vehicular traffic facing the signal is thereby warned that a red signal for the previously permitted movement will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection or be crossing the stop limit, whether marked by a sign or painted line, when the red is exhibited.
(2) 
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
C. 
Full red or red arrow shown following a full amber or red arrow following an amber arrow:
(1) 
Vehicular traffic facing the signal shall stop before crossing the stop limit, whether marked by sign or painted line or, if none, before entering the crosswalk on the near side of the intersection and shall remain standing until a green signal of one of the types listed herein is shown.
(2) 
No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(3) 
When a traffic control device is not in place prohibiting such turn, vehicular traffic crossing a circular red signal may cautiously enter the intersection to turn right or to turn left from a one-way roadway onto a one-way roadway.
(4) 
When turns on red are permitted, the right to proceed to turn after stopping shall be subject to the rule applicable after making a stop as at a stop sign.
D. 
Green arrow or arrows alone:
(1) 
Vehicular traffic facing a green signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indication shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(2) 
Vehicles facing such signals are thereby advised that no other traffic movement may be made from the lane or lanes that the signal indication controls. Making or attempting to make any other movement is hereby prohibited.
(3) 
Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.
E. 
Amber arrow following a green arrow or arrows:
(1) 
Vehicular traffic facing the signal is thereby warned that the red signal for traffic moving in the direction of the amber arrow will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection or be crossing the stop limit, whether marked by sign or painted line when the red signal for the particular movement is exhibited.
(2) 
Pedestrians facing such signals are thereby advised that there is insufficient time to cross the roadway, and any pedestrians starting to cross shall yield the right-of-way to all vehicles.
F. 
Full red with green arrow or arrows:
(1) 
Vehicular traffic facing such signals may enter the intersection only to make the movement indicated by such arrow or arrows, except that no vehicle shall at any time be driven through or within a safety zone. Vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) 
Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.
Whenever an illuminated flashing red or yellow signal is used in the traffic sign or signal, it shall require obedience by vehicular traffic as follows:
A. 
Flashing red (stop signal). When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
B. 
Flashing yellow (caution signal). When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.
A. 
No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or signal or which attempts to direct the movement of traffic, which hides from view or interferes with the effectiveness of any official traffic control device or signal.
B. 
No person shall place or maintain, nor shall any lawful authority permit, upon any street, any traffic control device bearing thereon any commercial advertising, and no person shall attach to any traffic signal or sign or device any other sign containing commercial advertising.
C. 
This section shall not be deemed to prohibit the erection upon private property adjacent to streets of signs giving useful directional information and of a type that cannot be mistaken for official signs.
D. 
Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the City Manager is hereby empowered to remove the same or cause it to be removed without notice.
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any inscription, shield or insignia thereon or any part thereof.
[Amended 6-14-1999; 8-13-2001]
A. 
The City Council is hereby authorized to:
(1) 
Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks and intersections where, in his opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary.
(2) 
Establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
B. 
When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, by stopping, to a pedestrian crossing the roadway within a crosswalk.
C. 
No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
D. 
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100 or imprisoned for a period of not more than 10 days, or both, and shall pay the costs of prosecution.