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.
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.
(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]
(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.
(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.
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.
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.