Town of Dewey Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 9-7-1984 as Ch. 5 of the 1984 Code. Amendments noted where applicable.]
Whenever any words or phrases are used in this chapter, the meanings respectively described to them in Chapter 1 of Title 21 of the Delaware Code shall be deemed to apply to such words and phrases used herein.
All parking on the public streets within the Town of Dewey Beach will be governed by Title 21 of the Delaware Code as amended and shall be in force and effect within the Town of Dewey Beach, except to the extent that such statutory provisions are altered or supplemented by this chapter.
No person shall park a vehicle on the public streets in the Town of Dewey Beach in violation of the official traffic control signs regulating parking. Where there are no signs regulating parking, parking shall be parallel to the street's right-of-way in accordance with state regulations and statutes.
[Amended 5-9-1992 by Ord. No. 231; 12-12-1992 by Ord. No. 249; 7-9-1993 by Ord. No. 270; 8-13-1993 by Ord. No. 272; 4-20-1996 by Ord. No. 346]
A. 
No person, during the summer season, as defined in Chapter 1, Article III, and herein below, shall park any vehicle on any unmetered zone of any public right-of-way from the hours of 10:00 a.m. to 5:00 p.m. and 11:00 p.m. to 2:00 a.m. the following each day on Mondays, Tuesdays, and Wednesdays, and from the hours of 10:00 a.m. to 2:00 a.m. the following day on Thursdays, Fridays, Saturdays, and Sundays unless a valid parking permit is appropriately displayed on the vehicle and unless official traffic control signs otherwise permit or regulate.
[Amended 12-13-2003 by Ord. No. 504; 4-10-2010 by Ord. No. 675; 3-10-2012 by Ord. No. 693; 2-8-2014 by Ord. No. 711][1]
[1]
Editor's Note: Former Subsection (a-1), describing the “holiday period,” which immediately followed this subsection, was deleted 5-13-2006 by Ord. No. 567.
B. 
Parking permits are invalid in a parking metered zone.
C. 
Any person who possesses an unauthorized parking permit or an authorized permit which has been altered shall upon conviction thereof shall be fined not less than $200 and not more than $1,000 for each such permit, plus court costs. Violations of this section shall be treated as a Class A misdemeanor.
[Amended 5-13-1989 by Ord. No. 142]
Persons with established parking bays or driveways, not more than 20 feet in width, in a residential district may park partially on the right-of-way, provided the flow of traffic is not obstructed.
[Amended 8-11-1989 by Ord. No. 156; 5-12-1990 by Ord. No. 174; 8-7-1992 by Ord. No. 238; 7-9-1993 by Ord. No. 271; 7-8-1994 by Ord. No. 302; 6-14-1996 by Ord. No. 354; 4-8-2000 by Ord. No. 431]
Parking zones shall be as follows and shall be designated on the parking map of the Town of Dewey Beach which shall be maintained by the Town Manager as amended from time to time.[1]
A. 
Parallel parking.
B. 
Perpendicular parking.
C. 
Angular parking.
D. 
No parking.
E. 
Time limited parking.
F. 
Loading zones.
G. 
Handicapped parking.
H. 
Special permit parking.
I. 
Compact vehicles.
J. 
Park area.
K. 
Five parallel parking spaces are herewith established on the north side of the ocean block of Collins Ave.
L. 
Three parallel parking spaces are herewith established on the south side of McKinley Ave. (second block).
[1]
Editor's Note: The parking map is on file in the Town office.
No tractor trailers or other vehicles in excess of 30 feet shall be parked on any public right-of-way except by special permit or for loading or unloading.[1]
[1]
Editor's Note: Former Section 509, Special parking districts, which immediately followed this section, was deleted 5-13-2006 by Ord. No. 567.
[Added 4-8-1989 by Ord. No. 135]
No person shall encroach upon or obstruct or commit any nuisance in a public road. The storing or leaving of any object which is not a motor vehicle in any parking place on a public street shall be considered a violation of this section. Any object left in the highway right-of-way shall be deemed to be an abandoned vehicle and removed in accordance with law.
[Amended 5-9-1992 by Ord. No. 231]
A. 
Zones.
[Amended 6-20-1997 by Ord. No. 378]
B. 
Rates and hours of operation.
[Amended 12-12-1992 by Ord. No. 249; 12-13-2003 by Ord. No. 504]
(1) 
Parking meters shall be in effect daily during the summer season, as defined in Chapter 1, Article III, between the hours of 10:00 a.m. and 5:00 p.m. and 11:00 p.m. and 2:00 a.m. the following day on Mondays, Tuesdays, and Wednesdays, and between the hours of 10:00 a.m. and 2:00 a.m. the following day on Thursdays, Fridays, Saturdays, and Sundays.
[Amended 4-10-2010 by Ord. No. 675; 3-10-2012 by Ord. No. 693; 2-8-2014 by Ord. No. 711]
(2) 
The metered rate will be $2 per one hour of parking.
[Amended 4-12-2008 by Ord. No. 623; 2-14-2009 by Ord. No. 645; 3-26-2018 by Ord. No. 741]
C. 
Deposit of slugs prohibited. No person shall deposit in any parking meter any slug or substitute for a coin of the United States.
D. 
Damaging meters prohibited. No person shall deface, tamper with, damage, open or willfully break, impair or destroy any parking meter.
E. 
Collection of coins from meters. The Town Manager shall be responsible for the collection of coins from parking meters. He shall designate an employee of the Town or appoint a suitable person to make such collections under such rules or regulations as he shall establish.
F. 
Violations and penalties. Any person violating any of the provisions of this section shall, upon conviction, be subject to the penalty provided in Chapter 1, § 1-13A and B.
[Added 5-12-1995 by Ord. No. 327]
A. 
Any owner(s) of record or any lessee who is in legal possession by way of agreement with the owner and/or the authorized agent or any person occupying a residential structure or any owner or authorized operator of a motor vehicle parked on a residential premises shall provide for and keep clear from motor vehicles a pathway hereinafter referred to as a "vehicle-prohibited safety zone" of a minimum width of three feet from an access door of a residential structure to the nearest property line abutting a public street.
B. 
The provisions of this section shall not apply to any owner, lessee, or occupant of a residential structure or owner or operator of a motor vehicle parked on a residential parcel which has designated fire lanes.
C. 
Any person violating the provisions of this section shall upon conviction be subject to the penalties provided in Chapter 1, § 1-13.
A. 
Any police officer of the Town, county or state, code enforcement officer, or code enforcement supervisor of the Town of Dewey Beach, while in the performance of his or her duty, may remove, store or cause to be removed or stored from any public highway, highway right-of-way, street or alley at the owner's or operator's expense any motor vehicle, trailer or part thereof parked or left standing in such manner as to create a hazard by interfering with the normal movement of traffic, by preventing the exit from or entrance to any public highway, private road or driveway, by interfering with emergency fire fighting equipment, by being involved in an accident and rendered incapable of being moved under its own power, when the owner or operator has been arrested and detained or when the owner or operator is unable, unwilling or not available to do so immediately.
[Amended 5-13-2017 by Ord. No. 739]
B. 
Any police officer of the Town, county or state, code enforcement officer, or code enforcement supervisor of the Town of Dewey Beach, while in the performance of his or her duty, may remove, store or cause to be removed or stored or cause to be booted and rendered immobile any motor vehicle, trailer, or part thereof which has outstanding against it one or more parking violations unpaid for a period in excess of 10 days, or which is in violation of any parking ordinance and which has two or more parking violations outstanding. In the event the outstanding violations are not past due, no charge will be made for the booting.
[Amended 5-13-2017 by Ord. No. 739]
C. 
Anyone so removing any motor vehicle, trailer or part thereof or booting and rendering immobile any motor vehicle, trailer or part thereof shall have a possessory lien against said motor vehicle, trailer or part thereof for the cost of removing, towing, preserving and storing or booting and rendering immobile said motor vehicle, trailer, or part thereof after complying with the notice and sale provisions as outlined in Chapter 39 of Title 25, with the exception that the proceeds of the sale shall be applied first to the cost of the sale and then to the cost of removing towing, preserving and storing and then to the payment of any liens to which the said motor vehicle, trailer or part thereof may be subject in order of their priority, then in satisfaction of any outstanding parking tickets owed to the municipality and then to the State Treasurer pursuant to 21 Del. C. § 6901.
D. 
The Town or other agencies of Dewey Beach will not be responsible for any damage which may occur from the action of towing or booting or storing or holding a vehicle.
E. 
The Town of Dewey Beach will not be responsible for damage from any cause which may occur during the storage of vehicles.
F. 
The charge for removing a boot or otherwise rendering an immobile vehicle mobile shall be as set forth in § 1-13C(1), unless the boot was improperly applied in which case no charge will be levied.[1]
[1]
Editor's Note: This subsection was revised at the direction of the Town in conjunction with booting fee revisions adopted by Ord. No. 642.
A. 
Prior to the issuance of a building permit for multifamily projects over two units, or for a commercial project, the applicant shall first obtain approval of his entranceway design from the appropriate agency in charge thereof. Entranceways and associated curbing, grading, and parking shall be physically complete prior to the issuance of a certificate of occupancy on more than 50% of the units. Paving and sign erection may be completed subsequent to issuance of the final certificate of occupancy.
B. 
The Town of Dewey Beach is authorized, pursuant to a street maintenance agreement with the State of Delaware, effective July 17, 1984, to adopt standards and regulation for the location, design, construction, reconstruction, maintenance, use and control of vehicular and pedestrian access to and from any state maintained highway, except Highway 1 and 1A and 50 feet distant therefrom, in order to protect public safety, to maintain smooth traffic flow, to maintain highway right-of-way drainage, to regulate drainage from property leading into or carried by the highway drainage system and any other public purpose, as determined by the Town.
C. 
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify, or use any crossing or entrance onto a state maintained highway, street, or road within the Town's jurisdiction, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Town and having obtained a permit issued by the Town. All nonconforming entrances onto streets under the jurisdiction of the Town of Dewey Beach must be made to conform to this section and each property owner shall obtain an entrance permit from the Town on or before May 1, 1990.
[Amended 6-9-1989 by Ord. No. 145]
D. 
Any person, firm, corporation or the like who constructs, opens, reconstructs, maintains, uses or modifies an entrance onto or an exit from a state maintained highway, street or road under the Town's jurisdiction without having first complied with standards and regulations adopted by the Town and having obtained a permit from the Town for such entrance or exit, shall be punished by a fine of not less than $100 nor more than $500 for each offense, and a further sum in an amount equal to the amount fined for the initial offense for each and everyday such violation exists.
E. 
For purposes of this section, whenever the use to which a property is being put is changed such that there will be a significant alteration in the character, flow or volume of traffic, as determined within the sole discretion of the Town Building Inspector, a new permit shall be required.
F. 
In addition to whatever legal or equitable remedies are available, the Town may install barricades across or remove any entrance or exit constructed, opened, reconstructed, maintained, modified or used in violation of this section and the standards or regulations adopted pursuant thereto, at the expense of the property owner.
G. 
Standards shall be as adopted by the Town Commissioners by resolution.
[Amended 6-9-1989 by Ord. No. 147]
H. 
Administration. This section shall be administered by the Town of Dewey Beach Building Inspector who may require surveys, drainage contours, or other data as may be required to insure that the purpose of this section is met.
I. 
Section 158-12 of the Dewey Beach Municipal Code is hereby amended by adopting the attached design standard for residential districts dated April 1989.[1]
[Amended 6-9-1989 by Ord. No. 147]
[1]
Editor's Note: The design standard for residential districts is included at the end of this chapter.
[Amended 1-8-1994 by Ord. No. 282]
A. 
This section shall be known and cited as the "Commercial Parking Lot Ordinance of Dewey Beach."
B. 
During the hours of 12:00 midnight to 5:00 a.m. all parking lots serving business establishments shall be used exclusively for the ingress and egress and parking of motor vehicles and the ingress and egress of customers of the business establishment. The loitering or gathering of persons in such parking lots during said hours is prohibited.
C. 
Any owner, lessee or person, knowingly in a position of control of any parking lot, found guilty of violating this section shall be fined not less than $100 and not more than $300 for the first offense and not less than $200 and not more than $500 for each subsequent offense, plus court cost. Violators of this section shall be treated as a Class C misdemeanor.
[Added 5-14-2011 by Ord. No. 685]
A. 
No driver of any vehicle other than a bus shall stand or park such vehicle in an officially designated bus stop, except that the driver of any vehicle may temporarily stop therein for the purpose of and while actually engaged in receiving or discharging passengers.
B. 
No driver of any vehicle other than a taxicab shall stand or park such vehicle in an officially designated taxicab stand, except that the driver of any vehicle may temporarily stop therein for the purpose of and while actually engaged in receiving or discharging passengers.