The provisions of this article shall not apply
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
official traffic-control device.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule VII (§ 200-31), attached to and made a part of this chapter.
No person shall stop a vehicle upon any of the streets or parts of streets described in Schedule VIII (§ 200-32), attached to and made a part of this chapter.
No person shall stand a vehicle upon any of the streets or parts of streets described in Schedule IX (§ 200-33), attached to and made a part of this chapter.
No person shall park a vehicle for longer than the time limit shown in Schedule X (§ 200-34) at any time between the hours listed in said schedule of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.
Except in an emergency or in obedience to traffic
regulations or traffic signs or signals, the driver of a vehicle shall
not stop, stand or park such vehicle on any roadway, other than parallel
to the curblines of the roadway, headed in the direction of traffic
on the side of the street upon which it is parked and with the curb
side wheels of the vehicle within six inches of the curbline. Upon
those streets or areas which have been marked for angle parking, no
person shall park a vehicle except at the angle designated and only
within the painted stall lines. On all streets or portions thereof
where angle parking is now or shall hereafter be authorized, all vehicles
parked thereon shall be parked with the front thereof nearest the
curb.
[Amended 9-7-2004]
A.
The following parking places are designated for the use of motor vehicles operated by handicapped or disabled persons or motor vehicles operated by a person on behalf of a handicapped or disabled person or described in Schedule XI (§ 200-35), attached to and made a part of this chapter. For the purposes of this chapter, a motor vehicle operated by handicapped or disabled persons or a motor vehicle operated by a person on behalf of a handicapped or disabled person shall mean a motor vehicle for which a special license plate has been issued by the State of Delaware.
B.
Handicapped parking and signage for persons with disabilities.
(1)
With the exception of a “vehicle being used
by a person with a disability” as defined in 21 Del. C §§ 4183,
2134, and 2135, it is unlawful to park on public or private property
any vehicle in any area under the control of the Town or under the
control of an owner or lessee of private property that is designated
and conspicuously marked as a parking space or zone for persons with
disabilities which limit or impair the ability to walk.
(3)
For purposes of this section, “conspicuously
marked” means that a vertical sign has been placed at an approximate
height of at least five feet but no more than seven feet when measured
from the surface directly below the sign to the top of the sign for
each parking space or zone. The sign shall comply with federal specifications
for the identification of a parking zone or space of persons with
disabilities which limit or impair the ability to walk. A sign at
least 12 inches wide (horizontal) by 18 inches tall (vertical) that
includes the internationally recognized wheelchair symbol of access
shall be required for each parking space or zone for persons with
disabilities which limit or impair the ability to walk. These requirements
may not be constructed to preclude additional markings, such as the
international wheelchair symbol or a striped extension area painted
on the space or zone, or a tow-away warning sign.
(4)
Any officer authorized to issue a parking summons
and citation shall issue a written notice of violation and corrective
order to an individual of record or artificial entity of record of
private property that is generally accessible to the public who has
failed to erect and maintain signage pursuant to this section. Such
corrective order shall afford the individual of record or artificial
entity of record found in violation of this section with at least
10 calendar days and not more than 30 calendar days to achieve compliance
with this section. If, after 30 days from the date that the written
notice of violation and corrective order is issued, the individual
of record or artificial entity of record has not erected and or maintained
the required signage, the officer may issue a summons (with associated
penalties and fines) or apply for a warrant in the name of the offending
individual or artificial entity
(5)
Upon the discovery on private property of a vehicle,
other than "a vehicle being used by a person with a disability" as
defined in 21 Del. C. § 4183, in a designated parking space
or zone for persons with disabilities, the owner or lessee of the
private property may cause the illegally parked vehicle to be removed
to a private storage area maintained for the safe storage of vehicles.
Any costs of removal and storage shall be borne by the owner or operator
of the vehicle.
(6)
Upon the discovery of a vehicle illegally parked in
a designated parking space or zone for persons with disabilities that
is under the control of the Town or private property that is generally
accessible to the public, any officer authorized to issue a parking
summons and citation may cause the illegally parked vehicle to be
removed to a private storage area maintained for the safe storage
of vehicles. Any costs of removal and storage shall be borne by the
owner or operator of the vehicle. In the alternative, any officer
authorized to issue a parking summons and citation may cause a uniform
parking summons to be attached to an unattended vehicle found in violation
of this section. It is prima facie evidence that the individual or
artificial entity in whose name the unattended vehicle is registered
is responsible for the violation.
(7)
An individual or artificial entity who violates any
provision of this section shall receive a mandatory fine of $100 for
a first offense, and for a subsequent like offense, a mandatory fine
of $200 or a term of imprisonment of not less than 10 nor more than
30 days, or both. Any officer authorized to issue a parking summons
and citation may cause the illegally parked vehicle to be removed
to a private storage area maintained for the safe storage of vehicles
at the cost of the owner or operator of the vehicle.
No person shall stop, cause to stand or park a vehicle except for local delivery only upon any of the streets or parts of streets described in Schedule XII, (§ 200-36), attached to and made a part of this chapter.
When a snow emergency, as defined hereinafter, has been officially declared as provided by this chapter, and until it is officially terminated by the Town Manager, all motor vehicles that are parked on the surface of the streets set forth on Schedule XIII (§ 200-37) attached to and made a part of this chapter, shall be removed by the owner/operator thereof. Upon receiving from the United States Weather Bureau, or similar entity, a firm forecast of sleet, freezing rain or snowfall, the Town Manager shall determine and issue an alert, and when heavy precipitation appears eminent, the Town Manager shall declare a snow emergency by causing an announcement thereof to be made to the press, if possible, but in no event by less than two radio stations whose normal range covers the Town of Millsboro and its surrounding area. When a snow emergency is declared by the Town Manager, any police officer of the town, while in the performance of his or her duty, may remove and store or cause to be removed and stored from any street listed in Schedule XIII (§ 200-37) 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.
No person shall stop, stand or park a truck, which shall mean and include every motor vehicle designed, used or maintained primarily for transportation of property, upon any of the streets or parts of streets described in Schedule XIV (§ 200-38), attached to and made a part of this chapter.
A.
When any vehicle is parked or abandoned on any highway
or public parking lot within this town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or parking lot upon which said vehicle is parked or abandoned,
said vehicle may be removed by or under the direction of the Police
Department.
B.
When any vehicle is found unattended on any highway
or public parking lot within the town where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by or under
the direction of the Police Department.
C.
After removal of any vehicle as provided in this article,
the Police Department may store or cause such vehicle to be stored
in a suitable place at the expense of the owner. Such owner or person
in charge of the vehicle may redeem the same upon payment to the person
with whom stored of the amount of all expenses actually and necessarily
incurred in effecting such removal and storage; such storage charges
shall be the prevailing rate established by the Town Council.
D.
It shall be the duty of the Police Department to ascertain,
to the extent possible, the owner of the vehicle or the person having
the same in charge and to notify him of the removal and disposition
of such vehicle and of the amount which will be required to redeem
the same. Said Police Department shall also, without delay, report
to the Town Clerk the removal and disposition of any vehicle removed
as provided in this article.
