The purpose of this chapter is to eliminate conditions that
are detrimental to the public good, to eliminate a public nuisance
and to protect the public health, safety and general welfare of all
residents and business owners in the Town of Millsboro.
As used in this chapter, the following terms
shall have the meanings indicated:
BOAT TRAILER
Includes a vehicle without automotive power designed to transport
a boat or other property wholly on its structure and to be drawn by
a motor vehicle.
CAMP or SETTING UP CAMPSITE
At any time, to establish or maintain outdoors or in, on
or under any vehicle or structure not intended for human habitation,
a temporary or permanent place for cooking or sleeping, by setting
up any bedding, including, but not limited to, a sleeping bag, blanket,
mattress, tent, hammock or other sleeping equipment or by setting
up any cooking equipment with the intent to use that location for
habitation.
CAMP FACILITIES
Structures, equipment or vehicles used for camping, including,
but not limited to, tents, huts, temporary shelters, trailers or vehicles,
if the vehicle is being used for habitation.
CAMP PARAPHERNALIA
Implements and equipment used while camping, including, but
not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses,
hammocks, operational cooking facilities, and similar equipment.
CAMPSITE
Includes any location used for the purpose of camping.
COMMERCIAL VEHICLE
Includes any vehicle or a type designed, used or maintained
for the transportation of persons for hire, compensation or profit
or transportation or property for hire, compensation or project, except
taxicabs.
HABITATION
The intentional use of a space as temporary or permanent
living quarters.
RECREATION VEHICLE
Includes any motor vehicle used for temporary human living
quarters, not the permanent resident of the owner or occupant, and
used for recreational or vacation activities, including but not limited
to motor homes, self-propelled campers and other motor vehicles with
permanently attached camper components and vans which are used for
personal pleasure and not to commercial use, regardless of the equipment
or furnishings contained within such van, mobile home, camping trailer,
pop-up camping trailer, pickup coach or any other motor vehicle designed
for or utilized as a temporary or vacation residence.
STORE
To put aside or accumulate for use when needed, to put for
safekeeping or to place or leave in a location.
TRAILER
Includes a mobile home, travel trailer, house trailer, office
trailer, camping trailer or any other vehicle without motive power
designed to carry property or passengers wholly on its own structure
and to be drawn by a motor vehicle.
Camping is permitted in the Town of Millsboro only under the
following circumstances:
A. On public
property specifically set aside and clearly marked for public camping
purposes.
B. In conjunction
with events authorized and expressly provided for in a special event
permit issued by the Town of Millsboro. To ensure fair and consistent
application of this section, the Town Manager or designee may promulgate
guidelines defining the criteria for permit issuance contained in
this section.
C. In a recreation
vehicle, travel trailer or camping trailer designed and equipped for
habitation while on designated areas on public or private property
in conjunction with community or sporting events in which one or more
occupants is a participant in or organizer of the event. Camping in
connection with a community or sporting event shall not exceed three
consecutive nights and only in areas approved by the Town Manager
or designee. The Town Manager may promulgate guidelines for designated
parking areas for such events.
D. In the
rear or side yard of a residence with the consent of the owner or
occupant of the residence. Camping in the rear or side yard is only
permitted if the campsite is separated from the street by a fence,
hedge, or other permanent obstruction. Camping shall be limited to
no more than three days.
E. Overnight
camping in connection with Town- or government-sponsored programs.
It shall be unlawful for any person to store
or leave unattended camp facilities or camp paraphernalia on public
property, unless such storage is expressly authorized and in conjunction
with a permitted camping activity under this chapter.
Any campsite established in the Town in violation
of this chapter is declared to be a public nuisance and the Town Manager
or designee is authorized to abate the nuisance and remove camp facilities
and camp paraphernalia as authorized by law.
Any person who shall violate or fail to conform to any of the
provisions of this chapter shall be subject to monetary penalties
under this section, in such amount per violation as shall be set annually
by resolution of the Town Council, as well as the Town's costs and
expenses, including reasonable attorneys' fees, incurred to enforce
the provisions of this chapter and/ or to collect the penalties or
any other fees, costs or expenses imposed hereunder. Penalties assessed
for a violation of this chapter shall be considered civil penalties
and any action brought for the recovery of the penalties by the Town
shall be brought in any civil court of competent jurisdiction.
Notwithstanding any other provision concerning a penalty, any police officer of the Town, while in performance of his or her duty, may remove or cause to be removed, at the expense of the owner or operator of any such motor vehicle, any motor vehicle, for which this chapter is applicable, parked or left standing in violation of the provisions of this chapter when the owner or operator is unable, unwilling or unavailable to move such motor vehicle immediately. If any motor vehicle is removed pursuant to this provisions of this section, the owner or operator thereof shall pay the civil penalty imposed by the provisions of §
189-8, the cost of removal, a reasonable charge for storage (as established by the storage facility), and any other cost and expenses authorized by §
189-8. In addition, said owner or operator shall sign a receipt for such motor vehicle prior to its being released to him or her by the storage facility.