As used in this chapter, unless the context
otherwise clearly indicates, the following terms shall have the meanings
indicated:
Any motor vehicle parked continuously at one location for
more than 24 consecutive hours.
Any vehicle of a fire department, police vehicles, ambulances
and emergency vehicles of state, federal, county or municipal departments
or public service corporations as are designated or authorized by
the Commissioners.
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 (one 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.
[Amended 7-21-2008 by Ord. No. 0708-02]
The territory contiguous to and including a street when 50%
or more of the frontage thereon for a distance of 300 feet or more
is occupied by buildings in use for business.
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.
[Added 7-21-2008 by Ord. No. 0708-02]
Every person who is employed for the principal purpose of
operating a motor vehicle and every person who drives a motor vehicle
while in use as a public or common carrier of persons or property.
Any series of trucks, truck tractors, trailers or semitrailers
connected to each other by whatever means.
[Added 7-21-2008 by Ord. No. 0708-02]
A vehicle of a type required to be registered under this
title designed, used or maintained for the transportation of persons
or property for hire, compensation or profit, except taxicabs.
The lateral boundaries of that portion of a street or highway
designed for the use of vehicles, whether marked by curbstones or
not.
Department of Motor Vehicles of the State of Delaware.
[Added 7-21-2008 by Ord. No. 0708-02]
A self-balancing, two-nontamdem-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.
[Added 7-21-2008 by Ord. No. 0708-02]
A vehicle that draws motive power from a battery, can be
recharged from an external source of electricity for motive power,
and is registered under the Laws of Delaware for street operation.
[Added 12-19-2014 by Ord. No. 1214-01]
All integral parts and body parts, the removal, alteration
or substitution of which will tend to conceal the identity or substantially
alter the appearance of the vehicle.
Every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines and other implements
of husbandry.
The entire width between boundary lines of every way or place
of whatever nature open to the use of the police as a matter of right
for purposes of vehicular travel, but does not include a road or driveway
upon grounds owned by private persons.
The area embraced within the prolongation of the lateral
curblines or, if none, then the lateral boundary lines of two or more
streets which join one another at an angle, whether or not one such
street crosses the other.
Any license, temporary instruction permit or temporary license
issued under the laws of this state pertaining to the licensing of
persons to operate motor vehicles.
[Added 7-21-2008 by Ord. No. 0708-02]
All tires the surface of which on contact with the street
is wholly or partly of metal or other hard, nonresilient material.
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).
[Added 7-21-2008 by Ord. No. 0708-02]
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 cc., rated at no more than 2.7 brake horsepower and that the maximum
speed does not exceed 25 miles per hour.
[Added 4-21-2003 by Ord. No. 0503-8]
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 device (EPAMD).
[Amended 7-21-2008 by Ord. No. 0708-02]
Any device that is designed to travel on one or more wheels
with the deck or chassis of such device open and close to the ground,
that may or may not have 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 definition
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.
[Added 7-21-2008 by Ord. No. 0708-02; 7-16-2021 by Ord. No. 0721-02]
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.
[Added 7-21-2008 by Ord. No. 0708-02]
Every vehicle, as defined in this section, which is self-propelled,
except farm tractors, electric personal assistive mobility devices
and OHVs.
[Amended 7-21-2008 by Ord. No. 0708-02]
Every person who is not a resident of the State of Delaware.
[Added 7-21-2008 by Ord. No. 0708-02]
The privilege conferred upon a nonresident by the laws of
the State of Delaware pertaining to the operation by the nonresident
of a motor vehicle or OHV, or the use of a motor vehicle or OHV owned
by the nonresident, in the State of Delaware.
[Added 7-21-2008 by Ord. No. 0708-02]
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 chapter shall be construed to include
snowmobiles.
[Added 7-21-2008 by Ord. No. 0708-02]
Every person who is in actual physical control of an off-highway
vehicle.
[Added 7-21-2008 by Ord. No. 0708-02]
Every person who is in actual physical control of a motor
vehicle upon a highway. The term "operator" shall include a chauffeur.
[Added 7-21-2008 by Ord. No. 0708-02]
Any vehicle having a gross weight, including load thereon,
in excess of that permitted by law; including, but not limited to
a gross weight in excess the weight for which a valid registration
has been issued.
[Added 7-21-2008 by Ord. No. 0708-02]
A person who holds the legal title of a vehicle or, in the
event that 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 that 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.
The standing of a vehicle, whether occupied or not, upon
a roadway otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading or in obedience to traffic
regulations or traffic signs and signals.
Any individual, partnership, corporation, joint venture or
legal entity of whatever nature.
[Added 7-21-2008 by Ord. No. 0708-02]
All tires inflated with compressed air.
[Added 7-21-2008 by Ord. No. 0708-02]
Every road or driveway not open to the use of the public
for purposes of vehicular traffic.
Proof of ability to respond in damages for liability on account
of accidents occurring subsequent to the effective date of said proof
arising out of ownership, maintenance or use of a motor vehicle in
the amount of $15,000 because of bodily injury to or death of one
person in any one accident, and, subject to such limit for one person,
in the amount of $30,000 because of bodily injury to or death of two
or more persons in any one accident and in the amount of $10,000 because
of injury to or destruction of property of others in any one accident,
or a combined single limit of $40,000.
[Added 7-21-2008 by Ord. No. 0708-02]
Every trailer which weighs more than 5,000 pounds, is designed
to provide temporary living quarters and which is built into and is
an integral part of, or permanently attached to, a trailer chassis.
The trailer must contain permanently installed independent life support
systems which meet the ANSI/NFPA 501 C Standard, and provide at least
four of the following facilities: cooking facilities; refrigeration
or ice box; self-contained toilet; heating and/or air conditioning;
a portable water supply system, including a faucet and sink; separate
110-125 volt electrical power supply; or an LP-gas supply.
[Added 7-21-2008 by Ord. No. 0708-02]
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.
[Added 7-21-2008 by Ord. No. 0708-02]
The registration certificate or certificates and registration
plates issued under the laws of this state pertaining to the registration
of motor vehicles.
[Added 7-21-2008 by Ord. No. 0708-02]
The territory contiguous to and including a street not comprising
a business district when the property on such street for a distance
of 300 feet or more is in the main improved with residences or residences
and buildings in use for business.
The privilege of the immediate use of the street.
Every motor vehicle designed and used for drawing other vehicles
and not so constructed as to carry any load thereon independently
or any part of the weight of a vehicle or load so drawn.
That portion of street improved, designed or ordinarily used
for vehicular travel, exclusive of a berm or shoulder. In the event
that a street 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.
The area or space officially set aside within a street for
the exclusive use of pedestrians and which is so plainly marked or
indicated by proper signs as to be plainly visible at all times while
set apart as a safety zone.
Every motor vehicle which has the words "School Bus" displayed
on the front and rear of the vehicle as specified under 21 Del. C.
§ 4362, which is painted with national school bus chrome
yellow as specified under 21 Del. C. § 4363(a), which meets
the minimum size requirements of 21 Del. C. § 4363(b) and
which meets other regulations as required by the Delaware Department
of Transportation.
[Added 7-21-2008 by Ord. No. 0708-02]
A low, narrow footboard made out of wood or other material
with a wheel or wheels at each end and a raised handlebar for steering
and which can be propelled by foot or by a motor.
[Added 7-21-2008 by Ord. No. 0708-02]
The Secretary of Transportation of the State of Delaware
or the Secretary's duly authorized designee.
[Added 7-21-2008 by Ord. No. 0708-02]
Every vehicle of the trailer type so designed as 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.
That portion of a street or highway between the curb and
adjacent building lines designed for the use of pedestrians, whether
paved or not.
A piece of wood or other material to which wheels are attached.
[Added 7-21-2008 by Ord. No. 0708-02]
Every tire made of rubber other than a pneumatic tire.
Any vehicle which has not been originally constructed under
a distinctive name, make, model or type by a generally recognized
manufacturer of vehicles.
A state, territory, organized or unorganized, or district
of the United States of America. "State" shall mean the State of Delaware
where the context in which it appears so requires.
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.
Every motor vehicle except buses, trackless trolley coaches
and vehicles used on stationary rails or tracks, which is used, is
intended to be used or which has within six months been used on any
occasion in transporting a person or persons for hire in the accommodation
of the public, except any taxicab having proper current registration
in another state which does not and is not intended to take on or
discharge and which has not within six months taken on or discharged
for hire in the general accommodation of the public on any occasion
any person within this state.
[Added 7-21-2008 by Ord. No. 0708-02]
Every vehicle without motive power designed to carry property
or passengers wholly on its own structure and to be drawn by a motor
vehicle.
A pedal or nonpedal cycle having three 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 cc., rated at no more than 2.7 brake horsepower and that the maximum
speed does not exceed 25 miles per hour.
[Added 7-21-2008 by Ord. No. 0708-02]
Any portable unit that is constructed to provide temporary
living quarters for recreational, camping or travel use, consisting
of a roof, floor and sides, which is designed to be loaded onto and
unloaded from the bed of a pickup truck.
[Added 7-21-2008 by Ord. No. 0708-02]
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.
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 OHVs.
[Added 7-21-2008 by Ord. No. 0708-02]
