[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; 4-12-2008 by Ord. No. 623; 2-14-2009 by Ord. No. 645; 4-10-2010 by Ord. No. 675; 3-10-2012 by Ord. No. 693; 2-8-2014 by Ord. No. 711; 3-26-2018 by Ord. No. 741; 2-29-2020 by Ord. No. 753]
(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. 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.
(2)
The metered rate will be $3 per one hour of parking
on all parking meters.
[Amended 1-13-2023 by Ord. No. 799]
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.
[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.
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.
