[Added 12-13-1996 by Ord. No. 1296-1[1]]
[1]
Editor's Note: This ordinance also repealed former Art. 35, Parking Permit System, added 2-9-1996 by Ord. No. 296-1.
The purpose of this article is to establish a parking permit system as part of an overall traffic management plan for the entire City that strives to be fair and equitable and readily available to all users and works in close concert with a parking plan for all metered streets. It is, therefore, stated to be the purpose of this article that this parking permit system will make parking more accessible throughout the City and help control the number of vehicles using residential streets for long-term parking.
[Amended 1-18-2019 by Ord. No. 0119-01; 2-7-2022 by Ord. No. 0222-01]
There is hereby established a parking permit system applicable to all unmetered public streets of the City. The administration of this system and the issuing of parking permits in accordance with the provisions of this article shall be under the direction and supervision of the City Manager. In performing these tasks, the City Manager will consult with an advisory committee which will be appointed by the Mayor. The provisions of the article shall be effective each day from May 15 through September 15.
For the purposes of this article, the following definitions shall be applicable unless the context clearly indicates to the contrary:
BUSINESS AGENT
Any person engaged for profit in providing services who has his/her own individual valid City of Rehoboth Beach business license.
LEASEHOLDER
Any person who is the holder of a leasehold interest in real property in the City for a term of at least 10 years, whose lease is of record in the offices of the Recorder of Deeds in and for Sussex County, and on which an improvement having an assessed valuation of at least $1,000, the leasehold being owned either in an individual name or names, as a partnership, as a corporation or as a tenant by the entirety or as a joint tenant with another or as a tenant in common with another.
MERCHANT
Any person or business entity with a place of business located in the City who or which is licensed by the City to conduct a business.
PROPERTY OWNER
Any person who owns real property with improvement in the City, either in his or her own name or names, as a partnership, as a corporation or as a tenant by the entirety or as a joint tenant with another or as a tenant in common with another.
RESIDENT
Someone living in the City, but who does not own property, have a lease or duplicate any of the above categories. Proof of being a Rehoboth Beach resident shall be determined by procedures established by the City Manager which shall include but not be limited to a State of Delaware driver's license with a City of Rehoboth Beach address or a voter registration card with a City of Rehoboth Beach address.
SEASON
That part of a calendar year during which the City's parking permit system is in effect. "Seasonal" refers to the season during which the parking permit system is in effect.
SERVICE VEHICLE
A vehicle used for the purpose of delivering goods or rendering services by or on behalf of a merchant or any person or establishment licensed to conduct business in the City.
THREE-DAY WEEKEND
Three consecutive days from Friday through Monday.
VALID PARKING PERMIT
A permit which has been authorized and issued by the City Manager in accordance with the provisions of § 92-263, including the date and period of time for which it was issued, and being properly displayed on a vehicle while parked in a parking permit area. A parking permit issued under this article is not valid for purposes of parking in a parking meter zone under Article IX of this chapter.
WEEK
Any period of eight consecutive days during the season.
YEAR-ROUND TENANT
Any person or persons who do not reside with immediate family, who are the holders of a twelve-month lease or rental agreement executed by the lessee and lessor, provided that such property is licensed for rental. Proof of being a year-round tenant shall be determined by procedures established by the City Manager which shall include but not be limited to a copy of a current twelve-month lease along with a State of Delaware driver's license with a City of Rehoboth Beach address or a voter registration card with a City of Rehoboth Beach address.
Any parking space not controlled by a meter shall be part of the City's parking permit area. Each City street or portion thereof in the parking permit area shall be posted with appropriate signage advising the public of the necessity of obtaining a parking permit pursuant to this article, as determined by the City Manager.
[Amended 6-13-1997 by Ord. No. 697-1]
A. 
Except as provided for under § 92-264, any vehicle parked in a parking permit area of the City on any day between the hours of 10:00 a.m. and 5:00 p.m. during the season shall have displayed in the manner prescribed under Subsection C of this section a valid parking permit. A permit issued for purposes of this article cannot relieve a person from paying other parking fees established by this chapter or for a space that is controlled by parking meters.
[Amended 1-18-2019 by Ord. No. 0119-01]
B. 
Parking permits must be readily available. Parking permits may be purchased at City Hall, by mail addressed to the City Manager or at such other locations as specified by the City Manager, such as at businesses, at real estate offices or at portable sales stands.
C. 
Permits that are not transferable shall be affixed to the lower left-hand corner of the vehicle's windshield in a manner so that the permit is readily visible by a police officer or other parking enforcement officer of the City. Permits that are transferable may be of a material and type (such as a card that may be hung from the vehicle's inside mirror) as determined by the City Manager and shall be displayed so as to be readily visible through the vehicle's windshield by a police officer or other parking enforcement officer of the City.
D. 
Any business which holds a valid City business license may be authorized to sell parking permits pursuant to this article upon application to the City Manager. A business so authorized by the City Manager shall receive a commission of 10% of the total gross sales of said parking permits. However, to qualify for this commission the business must have greater than $200 in gross sales of the parking permits per season. Said business shall be responsible for keeping a record inventory for all parking permits issued to it by the City regardless of whether it receives a commission or not. Further, said businesses shall, within 30 days after the end of the season, return all unsold parking permits issued to them for sale and pay the City the fee for any unsold parking permits that are not returned to the City, regardless of whether the unreturned permits are lost or misplaced. Said commission shall be paid by the City within 60 days after the end of the season, less the price of any unreturned parking permits issued to the merchant for sale.
[Amended 3-13-1998 by Ord. No. 398-1]
A. 
Transferability.
(1) 
A permit issued under this section shall be either transferable from one vehicle to another or nontransferable and shall be valid for a specific season, week, weekend or day as provided herein.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), regarding thirty-dollar seasonal transferable permits, as amended, was repealed 1-18-2019 by Ord. No. 0119-01.
(3) 
All permits shall be readily identifiable by a police officer or other parking enforcement officer as to whether it is transferable or not and as to the period of time for which the permit was issued.
B. 
Issuance of permits.
(1) 
A property owner or leaseholder or year-round tenant of an improved parcel shall be issued two seasonal transferable permits, per said parcel, for the parking on an unmetered street and may apply for and receive, without charge, a seasonal nontransferable permit for the parking on an unmetered street of each motor vehicle registered to such person, and up to two seasonal nontransferable motor scooter permits, for up to two motor scooters registered to such person.
[Amended 1-18-2019 by Ord. No. 0119-01]
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(2), regarding permits for year-round residents, was repealed 1-18-2019 by Ord. No. 0119-01.
(3) 
A resident, upon applying to the City, will receive one free seasonal transferable permit.
(4) 
A property owner, a leaseholder or a year-round tenant may apply for each year and receive, without charge, special daily permits or three-day weekend permits to accommodate legitimate needs such as luncheons, parties or short-term house guests in accordance with § 92-264A.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(5), regarding permits for owners who rent their premises, as amended, and Subsection B(6), regarding permits for owners of a hotel, motel, rooming house, tourist home, guest house, apartment, cottage, cabin or room or rooms in his or her property, as amended, were repealed 1-18-2019 by Ord. No. 0119-01.
(6) 
(Reserved)
(7) 
A merchant shall receive, at no charge, one transferable permit that is valid for a season. The parking permits issued under this subsection shall become invalid if the merchant ceases to hold a City license for the referenced business or businesses.
(8) 
Each individual business agent licensed to do business in the City, other than a business agent whose business license relates to a residential rental property, shall receive, at no charge, one seasonal transferable permit. The permits issued under this subsection shall become invalid if the referenced business agent ceases to hold a City license.
[Amended 1-21-2022 by Ord. No. 0122-02]
(9) 
The owner or operator of a business not located in the City but which is licensed to do business in the City shall receive one seasonal transferable permit, without charge. The parking permits issued under this subsection shall become invalid if the referenced business ceases to hold a City license.
C. 
In addition to those entitled to permits to park a vehicle in a parking permit area as provided for in this section, any person may purchase a permit upon payment of fees as follows
[Amended 3-19-2001 by Ord. No. 0301-1; 4-21-2003 by Ord. No. 0503-1; 3-17-2008 by Ord. No. 0308-04; 3-19-2010 by Ord. No. 0310-01; 4-17-2015 by Ord. No. 0415-05; 3-18-2016 by Ord. No. 0316-02; 3-16-2018 by Ord. No. 0318-01; 1-18-2019 by Ord. No. 0119-01; 1-19-2024 by Ord. No. 0124-01; 2-16-2024 by Ord. No. 0224-04]
(1) 
Seasonal nontransferable: $295. Effective August 1 of any season, said fee shall reduce to $150.
(2) 
Seasonal transferable: $325. Effective August 1 of any season, said fee shall reduce to $165.
(3) 
Weekly: $120.
(4) 
Three-day weekend: $60.
(5) 
Daily: $25.
D. 
The City of Rehoboth Beach is not obligated to replace lost or stolen seasonal permits.
E. 
Merchants and business agents shall be eligible to receive permits without charge pursuant to this section for only one category and shall not receive free permits as both a merchant and a business agent.
A. 
Following the receipt of a written application, the City Manager is authorized to issue special permits at his discretion for vehicles to park in a parking permit area. This may include but is not limited to circumstances involving a civic event, parties, luncheons, short-term house guests, nursing assistance, medical assistance, and clergy visits. The availability of off-street parking should be taken into account in determining if a special permit for on-street parking is appropriate under the circumstances.
[Amended 5-18-2018 by Ord. No. 0518-01]
B. 
Any person issued a valid seasonal transferable permit by the City may, in person at City Hall, exchange said permit for a seasonal nontransferable permit without charge.
C. 
The provisions of this article shall not be applicable to the following motor vehicles:
(1) 
Emergency vehicles.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(2), pertaining to vehicles marked for handicapped use, was repealed 5-16-2005 by Ord. No. 0505-02.
(3) 
Vehicles of a public utility while on business of the utility.
(4) 
Vehicles of any government agency while on public business.
(5) 
Vehicles in use by officials of the City while on public business.
(6) 
Vehicles in use for charitable work, e.g., Meals on Wheels deliveries.[2]
[2]
Editor’s Note: Former Subsection C(7), regarding service vehicles, was repealed 5-18-2018 by Ord. No. 0518-01.
D. 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection D, regarding on-street parking without valid parking permits, was repealed 3-16-2018 by Ord. No. 0318-01.
E. 
The provisions of this article shall apply to the parking spaces located at the City's Deauville Beach parking lot.
[Added 4-21-2003 by Ord. No. 0503-4; amended 4-17-2015 by Ord. No. 0415-06; 3-16-2018 by Ord. No. 0318-01; 1-18-2019 by Ord. No. 0119-01; 4-19-2022 by Ord. No. 0422-02]
(1) 
Any owner or operator of any vehicle (including a trailer), motor vehicle or any connected combination thereof that is 22 feet three inches in length or longer or which is eight feet one inch in width or wider, or both, shall pay $50 for daily parking.
A. 
It shall be unlawful for any person to park or stand a motor vehicle in any parking permit area of the City unless such vehicle has displayed in accordance with the provisions of this article a valid parking permit for the period that it is parked on such street. Any person violating the provisions of this subsection shall, for the first offense, be fined not less than $30 and no more than $200 and shall pay the costs of prosecution. For the purposes of this article, an additional violation shall be deemed to occur each two hours that the vehicle remains in violation after the original citation of violation.
[Amended 3-18-2005 by Ord. No. 0405-02; 4-16-2007 by Ord. No. 0407-04; 3-28-2009 by Ord. No. 0309-01; 3-19-2010 by Ord. No. 0310-03]
B. 
With the consent of a person charged with a violation under Subsection A hereof, the Chief of Police, or his authorized representative, is authorized to accept and receive, without a hearing, not less than $30 as a penalty for such violation if paid within 7 days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $45 as a penalty for such violation if the penalty is paid within 30 days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $110 as a penalty for such violation if the penalty is paid after 30 days after the day that the violation occurs and to accept and receive, without a hearing, the sum of not less than $150 as a penalty for such violation if the penalty is paid after 60 days after the day that the violation occurs.
[Amended 3-18-2005 by Ord. No. 0405-02; 4-16-2007 by Ord. No. 0407-04; 3-28-2009 by Ord. No. 0309-01; 3-19-2010 by Ord. No. 0310-03; 3-18-2011 by Ord. No. 0311-02]
C. 
Any police or other parking enforcement officer of the City, while in the performance of his or her duty, may remove or cause to be removed from any street any motor vehicle which has accumulated three parking citations pursuant to the provisions of this article and which has been parked in substantially the same location for a period in excess of 12 hours, during which a parking permit is required and without displaying the required parking permit, or any motor vehicle which has accumulated at least three parking citations of which at least one must be outstanding for more than 24 hours.
[Amended 5-16-2005 by Ord. No. 0505-02]
D. 
Unlawful acts.
(1) 
It shall be unlawful for any person, for purposes of parking in a parking permit area, to:
(a) 
Display on any vehicle a nontransferable parking permit which was issued under this article for use on another vehicle.
(b) 
Display on any vehicle any document or paper which is a photocopied or otherwise reproduced version of a valid parking permit.
(c) 
Display on any vehicle a forged, privately produced or otherwise altered version of a valid parking permit.
(d) 
Sell or barter free seasonal transferable or seasonal nontransferable permits or seasonal transferable permits for rental properties.
[Amended 4-21-2003 by Ord. No. 0503-1]
(2) 
Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and, upon conviction thereof, pay a fine of not less than $10 nor more than $100 and shall pay the cost 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.
E. 
It shall be unlawful for any person to park or stand a motor vehicle in any parking permit area of the City that is in violation of the provisions of Article XXX, Abandoned and Junked Vehicles, § 92-248, Storage prohibited; exceptions, and § 92-249, Unattended motor vehicles, regardless of whether said motor vehicle has a valid parking permit.
The effective date of this article shall be the date of adoption, subject to any necessary administrative steps that must first be taken by the City Manager; regardless, the City Manager is authorized and directed to take all such steps as rapidly as is consistent with proper administrative management so as to put the provisions of this article into effect for all unmetered streets in the City.
This article shall be evaluated at the end of each full season by the City Commissioners. If, at the discretion of the majority of the City's Commissioners, changes are warranted to improve the efficiency of the parking permit system and/or to correct inequities within the same, then amendments to this article should be passed by the City's Commissioners prior to the end of the year being evaluated.
[1]
Editor's Note: Former § 92-268, Nontransferable bus permits for employees, added 6-13-1997 by Ord. No. 697-2 and amended 3-13-1998 by Ord. No. 398-1 and 3-28-2009 by Ord. No. 0309-01, was repealed 12-17-2021 by Ord. No. 1221-02.