Every permanent traffic or parking regulation
of the City shall be adopted as an ordinance or a portion of an ordinance.
[Amended 8-17-2018 by Ord. No. 0818-01]
A.Â
The Chief of Police shall have the following powers
to regulate traffic and parking temporarily and in time of emergency:
(1)Â
In the case of fire, flood, storm or other emergency,
to establish temporary traffic and parking regulations.
(2)Â
In the case of emergency or to facilitate public works
or in the case of the conduct of parades or public events, to restrict
or prohibit parking or traffic in limited areas for periods of not
more than 72 hours.
B.Â
Such temporary and emergency regulations shall be
enforced by the Police Department of the City in the same manner as
permanent regulations.
C.Â
Snow emergency routes. The following streets or parts of streets
are hereby designated as snow emergency routes.
|
Street
|
Side
|
Limits
|
|---|---|---|
|
Bayard Avenue
|
Both
|
Entire length
|
|
Rehoboth Avenue
|
Both
|
Entire length
|
|
State Road
|
Both
|
Entire length
|
(1)Â
Upon receiving from the National Weather Service a firm forecast
of sleet or snowfall, the City Manager may issue an alert, and when
heavy precipitation appears imminent, the City Manager may declare
a snow emergency by causing an announcement thereof to be made through
the press, if possible, but in no event by fewer than two radio stations,
whose normal range covers The City of Rehoboth Beach and its surrounding
area.
(2)Â
After a snow emergency has been officially declared, as provided
by this section, and until it is officially terminated by the City
Manager, all motor vehicles that are parked on the surface of a street
designated a snow emergency route shall be removed by the owner or
operator, as the case may be. All parking of all motor vehicles on
any street designated herein as a snow emergency route is hereby prohibited
during the time that a snow emergency has been officially declared
and is in effect.
(3)Â
During a sleet or snow emergency as declared by the City Manager,
any police officer of the City may remove and store or cause to be
removed and stored from any street designated a snow emergency route
any motor vehicle parked or left standing upon any such street when
the owner or operator is unable, unwilling or unavailable to move
such motor vehicle. Any such removal or storage, or both, provided
for herein shall be at the expense of the owner or operator of such
motor vehicle.
[Amended 7-8-1994 by Ord. No. 794-3]
A.Â
The police officers of the City shall enforce all
street traffic laws of the City and all state vehicle laws applicable
to street traffic in this City.
B.Â
Parking violations.
(1)Â
Whenever
any vehicle shall have been parked in violation of any of the provisions
of this chapter, every owner or person in whose name such vehicle
is registered shall be responsible and subject to the penalty for
such violation, regardless of whether the vehicle was parked by the
owner or person in whose name the vehicle is registered or another.
If the vehicle is rented or leased, the owner who rented or leased
the vehicle shall be jointly and severally liable with the customer
or lessee for violations of any of the provisions of this chapter.
(2)Â
Operators
of a motor vehicle within the City are hereby notified that the City
may utilize debt collection vendors for the purposes of collecting
the debts of unpaid parking citations. Operators of a motor vehicle
within the City shall be obligated to pay an additional fee for the
City’s use of the collection vendor, in addition to the principal
obligation due and owing to the City.
[Added 4-16-2021 by Ord. No. 0421-04]
C.Â
If a vehicle has been stolen or taken from the owner
or person in whose name such vehicle is registered without such person's
consent and law enforcement officials have been notified that the
vehicle has been stolen or otherwise taken, the owner or person in
whose name such vehicle is registered shall not be responsible and
subject to the penalty for violations of any of the provisions of
this chapter for the period of time during which the vehicle was stolen
or otherwise taken.
A.Â
The police officers of the City and other officers
authorized by law to make arrests for violations of the motor vehicle
and traffic laws of the City may arrest, upon view and without warrant,
any person violating any of the provisions of this chapter.
B.Â
In any case arising under this chapter in which it
is lawful for a peace officer to arrest a person without a warrant,
he may, but need not, give such person a written summons, or, if there
is reasonable cause to believe that such person will not appear in
court, a warrant for his arrest may issue.
In every charge of violation of any speed regulation
in this chapter, the complaint and the summons or notice to appear
shall specify the speed at which the defendant is alleged to have
driven and the maximum or minimum speed applicable at the location.
[Amended 4-21-2003 by Ord. No. 0503-3]
Any person who fails to answer any summons to
appear in any court of competent jurisdiction to answer for any violation
of the motor vehicle laws of this City, after notice thereof has been
served personally or securely fastened to the motor vehicle of which
such person is the owner or operator, shall be fined for the first
offense not less than $25 nor more than $50 and shall pay the costs
of prosecution. For each subsequent offense, he shall be fined not
less than $50 nor more than $100 and shall pay the costs of prosecution.
A person arrested without a warrant for violation
of any section of this chapter may be taken before the Alderman of
the City or before any other original court of competent jurisdiction.
In the event of an arrest for the violation
of any section of this chapter, if the defendant is unable to give
sufficient bail for a hearing or for his presence at court, the Alderman
or the judge of any other original court of competent jurisdiction
may accept as forfeit, conditioned upon the defendant's appearance,
a sum of money equal in amount to the maximum fines which could be
imposed for the offense charged and the costs.
A.Â
On Sunday the Alderman may hear and determine cases
involving alleged violation of the traffic laws.
B.Â
Any judgment rendered or bail bond taken in accord
with the provisions of this chapter shall be of full force and effect
as though such judgment was rendered or bail bond accepted on days
other than Sunday.
[Amended 6-18-2007 by Ord. No. 0607-03]
Except as may be otherwise provided herein,
any person who shall violate any provision of this chapter shall,
for the first offense, be fined not less than $25 not more than $100
and shall pay the costs of prosecution. For each subsequent offense,
he shall be fined not less than $50 nor more than $200 and shall pay
the costs of prosecution. All second offenses, before being punishable
as such, shall have been committed within 12 months after the commission
of the first offense unless otherwise specifically provided.
[Added 5-16-2005 by Ord. No. 0505-02]
Any motor vehicle that has been removed pursuant
to the provisions of this chapter, the owner or operator shall, in
addition to paying the fine for said violation, also pay the costs
of the removal and a reasonable charge for storage, not to exceed
$20 for each day or part thereof the vehicle is so stored, and any
court costs. In addition, the said owner or operator shall sign a
receipt for said motor vehicle prior to its being released to him
by the storage facility. In the event the payment is made under protest,
a bail bond for further appearance shall be posted as required by
the Alderman.
[Added 7-21-2008 by Ord. No. 0708-02]
Whoever, holding an operator's license issued
to such person under the laws of the State of Delaware or having a
motor vehicle or tractor registered in such person's name under the
laws of the State of Delaware, fails or neglects within one month
after any change of such person's address to notify the Department
of Motor Vehicles of any such change of address shall be in violation
of this section.
[Added 7-21-2008 by Ord. No. 0708-02]
The following Motor Vehicle offenses require
a mandatory appearance in the Alderman's Court:
|
Code Section
|
Offense
|
|---|---|
|
§ 92-12B
|
Accident-duty of driver-driver's information
|
|
§ 92-13
|
Accident-injury/death-duty of driver - leaving
scene
|
|
§ 92-81A
|
Compliance/direction of police required-fail
to obey
|
|
§ 92-81B
|
Compliance/direction of police required-fail
to stop
|
|
§ 92-126A
|
Reckless driving
|
|
§ 92-237.4A
|
No motor vehicle insurance
|
|
§ 92-237.4B
|
No proof of motor vehicle insurance
|
|
§ 92-238A
|
No valid license
|
|
§ 92-238B
|
Driving with a suspended/revoked license
|
|
§ 92-238.1A
|
Failure to reinstate drivers' license
|
|
§ 92-238.1E
|
Driving with an expired drivers' license
|
|
§ 92-238.1G
|
No drivers' license in possession
|
|
§ 92-238.4A
|
Display/possess a suspended/revoked drivers'
license
|
|
§ 92-238.4B
|
Display/possess a fictitious drivers' license
|
|
§ 92-238.5D
|
Display/possess a license of another
|
