[Adopted 8-13-1981 by Ord. No. 163]
A.
No person shall stop, park or leave standing any vehicle
whether attended or unattended upon any highway or roadway outside
of a business or residence district except when necessary to avoid
conflict with other traffic or where it is necessary for public utility
vehicles to temporarily stop along the highway or roadway to make
alterations in or repairs to utility facilities so long as proper
traffic control devices are posted or where it is in compliance with
the directions of a police officer or traffic control device.
B.
Whenever any officer authorized to make arrests under this article finds a vehicle standing upon the highway or roadway in violation of provisions of Subsection A of this section, he may move such vehicle or require the driver or other person in charge of the vehicle to move same to a position off the highway.
C.
Any officer authorized to make arrests under this
article is hereby authorized to remove or cause to be removed any
unattended vehicle illegally left standing upon any highway, roadway,
bridge causeway in any tunnel in such a position or under such circumstances
as to obstruct the normal movement of traffic.
A.
No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control device,
in any of the following places and shall be subject to the following
fines:
[Amended 3-9-1995 by Ord. No. 320; 5-30-1996 by Ord. No. 326; 9-18-2003 by Ord. No. 420]
(1)
On a sidewalk: $25.
(2)
In front of or within five feet of a public or private
driveway entrance of a private or public garage, place or building
to which vehicular access is necessary: $25.
(3)
Within an intersection: $25.
(4)
Within 15 feet of a fire hydrant: $25.
(5)
On a crosswalk: $25.
(6)
Within 20 feet of a crosswalk: $25.
(7)
Park within 15 feet of a courtesy mailbox: $25.
(8)
Within 30 feet upon the approach to any flashing beacon,
stop sign or traffic control signal: $25.
(9)
Between a safety zone or island and the adjacent curb
or within 30 feet of points on the curb immediately opposite the ends
of a safety zone or island, unless the State Highway Department or
Council of the Town of Elsmere indicates a different length by traffic
control devices: $25.
(10)
Within 50 feet of the nearest rail or railroad crossing,
unless the State Highway Department or the Council of the Town of
Elsmere indicates a different length by signs or markings: $25.
(11)
Within 20 feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any fire
station within 75 feet of the entrance when properly designated by
traffic control devices: $25.
(12)
Alongside or opposite any street excavation or obstruction
when such stopping, standing or parking would obstruct traffic: $25.
(13)
Upon the roadway of any highway when it is practical
to stop, stand or park off the roadway: $25.
(14)
On the roadway side of any vehicle stopped or parked
on the shoulder or at the edge or curb of a highway or roadway (double
parking): $25.
(15)
Upon any bridge or other elevated structure upon a
highway, roadway or within a highway tunnel: $25.
(16)
At any place where such parking, standing or stopping
obstructs the free passage of other traffic: $25.
(17)
At any place where official traffic control devices
prohibit or restrict stopping, standing or parking: $25.
(18)
Wherever a curb is marked yellow or a yellow line
is placed at the edge of a roadway or shoulder: $25.
(19)
In the area between roadways of a divided highway,
including crossovers: $25.
(20)
Making other than emergency repairs to a motor vehicle
on a roadway: $25.
(21)
Parking in an area so designated by appropriate traffic
control devices as a bus stop: $25.
(22)
Parking in an area so designated by appropriate traffic
control devices as a tow-away zone: $75.
(24)
On any grass or unimproved area throughout the Town
which has not been specifically designated, by an appropriate traffic
control device, as a parking area, including but not limited to any
grass or unimproved area in front of any residence, apartment building
or business: $25.
[Amended 10-12-2006 by Ord. No. 470]
A.
Except as otherwise provided in this section, every
vehicle stopped or parked upon a two-way roadway shall be so stopped
or parked with the right-hand wheels parallel to and within 12 inches
of the right-hand curb or outside edge of the shoulder.
B.
Every vehicle stopped or parked upon a one-way roadway
shall be so stopped or parked parallel to the curb or edge of the
roadway, in the direction of authorized traffic movement, with its
right-hand wheels within 12 inches of the right-hand curb or outside
edge of the shoulder or its left wheels within 12 inches of the left
hand curb or outside edge of the shoulder.
C.
The Council of the Town of Elsmere may, by resolution,
following a traffic survey by the Elsmere Public Safety Department,
permit angle parking on any highway or roadway within its jurisdiction;
provided, however, that the highway or roadway is of sufficient width
to permit angle parking without interfering with the free movement
of traffic on the roadway.
D.
Angle parking shall not be permitted on a federal-aid
or state highway unless the State Department of Transportation has
determined that the highway is of sufficient width to permit angle
parking without interfering with the free movement of traffic on the
roadway.
E.
The Council of the Town of Elsmere may, by resolution,
following a traffic survey by the Elsmere Public Safety Department,
place signs prohibiting or restricting the stopping, standing or parking
of vehicles on any highway or roadway where, in its opinion, such
stopping, standing or parking is dangerous to those using the highways,
or where the stopping, standing or parking of vehicles would unduly
interfere with the free movement of traffic thereon. Such prohibitions
or restrictions may be declared to be effective either part or all
of the time and differing limits may be established for different
times of the day, for different types of vehicles, for different weather
conditions and when other significant factors differ.
F.
No person shall park a vehicle in any area conspicuously
marked as a loading zone.
G.
Whenever a handicapped person, or a person on behalf
of a handicapped person, operates a vehicle for which a special plate
has been issued pursuant to Title 21, § 2134 of the Delaware
Motor Vehicle Code, that person shall be permitted to park 90 minutes
longer than the legal parking period permitted by ordinance or resolution
without penalty, unless the vehicle is parked in a fire lane or in
an area prohibiting parking in order to accommodate heavy traffic
during morning, afternoon or evening hours or so as clearly to be
a traffic hazard.
H.
It shall be unlawful to park any vehicle other than
a vehicle of the handicapped designated as a handicapped parking zone
and conspicuously marked as such.
I.
It shall be unlawful to stop or park a vehicle which
is in violation of 21 Del. C. § 2102 upon any highway or
roadway within the Town of Elsmere. Information obtained by the Town
of Elsmere pursuant to § 182-2D(7), or any other probable
cause shall establish a prima facie case against the owner of the
vehicle.
[Added 6-8-2006 by Ord. No. 466]
J.
Whoever violates this section, with the exceptions of Subsections H and I, shall be fined $25. Anyone violating Subsection H of this section shall be fined $100. Anyone violating Subsection I of this section shall be fined $50.
[Amended 3-9-1995 by Ord. No. 320; 9-18-2003 by Ord. No. 420; 6-8-2006 by Ord. No. 466]
A.
A summons in appropriate form may be attached to an
unattended vehicle found in violation of any of the provisions of
this article by any police officer authorized to arrest for violations
of this article, in lieu of arrest of the operator of such vehicle.
B.
If any vehicle found by such police officer to be
in violation of any of the provisions of this article is unattended
at the time the violation is discovered and the identity of the operator
is not otherwise apparent, the person in whose name such vehicle is
registered as the owner shall be held prima facie responsible for
such violation.
C.
It shall be permissible for an owner or operator to
mail such summons and the appropriate fine directly to the Town of
Elsmere instead of appearing before a court for trial of the charge.
[Amended 3-9-1995 by Ord. No. 320]
D.
Court costs shall not be assessed if a fine is paid
pursuant to this section. The Town shall mail a receipt indicating
the payment of a fine pursuant to this section if the person paying
such fine makes a written request for a receipt and encloses a self-addressed
envelope with proper postage affixed therein.
[Amended 3-9-1995 by Ord. No. 320]
A.
Whoever fails to answer any summons issued in accordance
with the provisions of this article, after notice thereof served personally
or securely fastened to the motor vehicle of which such person is
the owner or operator, shall be subject to arrest. Such violator shall
be fined for the first offense $25, including court costs, and a sum
of money equal in amount to the fine which was imposed for the original
offense charged.
[Amended 9-18-2003 by Ord. No. 420]
B.
Whenever a vehicle is found that has accumulated 10
unpaid parking summonses or which has accumulated unpaid parking violations
fines which total $200 or more, said motor vehicle may be towed and
impounded until such time as all fines are paid or property disposed
of. The owner of any vehicle which is towed and impounded in accordance
with this section shall be liable for all costs associated with such
towing and storage.
[Added 3-9-1995 by Ord. No. 320]
A.
Whenever any vehicle of any kind or character shall
be found on any street, highway, alley or roadway within the Town,
wrecked, abandoned or parked in violation of any law of the state
or the provisions of this article or other ordinance of the Town or
any resolution of the Council of the Town of Elsmere now or hereinafter
in force or shall be seized for any violation thereof, such vehicle
shall be removed by authority of the Elsmere Public Safety Department
to an official pound; provided that if the owner or person for the
time being in charge thereof is present and shall express a willingness
and intention to immediately remove such vehicle before it is actually
being towed, the vehicle shall be released to the owner or person
in charge who shall be required to pay as called for in this article.
B.
The provisions of this article shall apply to those
streets, highways, alleys or roadways on which there have been posted
official "No Parking — Tow Away" or "No Stopping — Tow
Away" or like signs or as to those portions of streets and highways
officially designated as bus stops, tow-away zones, fire lanes or
to vehicles double parked.[1]
A.
The Chief of Police is hereby empowered, authorized
and directed to arrange with the owners or operators of garages or
parking areas for their use as an official pound in which vehicles
impounded, as provided by this article, shall store, for which the
owners or operators shall enter into an agreement with the Town on
the amount of fees to be received by the owner or operator for the
storage of the impounded vehicles, and the furnishing of a bond and
insurance, the amount of each to be approved by the Town Solicitor,
to protect the Town from all claims for damages, injuries or bodily
harm resulting from the impounding or storage of the vehicles.
B.
The Chief of Police is hereby directed, authorized
and empowered to arrange with the owners or operators of vehicle towing
services for removing vehicles under the authority of the Public Safety
Department of the authorized pounds with tow trucks so as to cause
no damage to the vehicles being towed, for which the owners or operators
shall enter into an agreement with the Town on the amount of fees
to be received by the owner or operator for this service and the furnishing
of a bond and insurance, the amount for each to be approved by the
Town Solicitor, to protect the Town from all claims for damages or
injuries resulting from the towing service.
[Amended 3-9-1995 by Ord. No. 320]
A.
Police officers of the Elsmere Public Safety Department
and all sworn Code Enforcement Officials of the Town of Elsmere shall
be the only persons authorized to direct the removal of any vehicle
pursuant to the provisions of this article.
B.
C.
Such police officer or Code Enforcement Official authorized
to remove vehicle pursuant to provisions of this article shall be
present at the time of removal and shall securely affix a towing notice
form in a prominent place on such vehicle, such form to bear the license
number and state of registration of the vehicle, the date, time, place
and nature of the violation and the name and identifying badge number
of the person directing the removal of the vehicle.
D.
Whenever any vehicle may be subject to being towed
away and/or impounded under the provisions of this article, the persons
authorized to so tow and/or impound such vehicle shall be authorized
to affix to such a vehicle a violation summons. Any owner or agent
receiving a summons as provided in this subsection shall be subject
to a fine of $25. This fine shall not relieve the owner or agent from
liability for any fine or penalty that may be imposed for violations
for which the vehicle was towed away and/or impounded.[2]
[Amended 9-18-2003 by Ord. No. 420]
The person directing the removal of any vehicle
under the provisions of this article shall as soon as possible thereafter
make a report thereof to the Public Safety Department, giving the
registration number, year and name of state on the license plate thereof,
together with the location of the point to which the vehicle has been
removed and the reason for its removal. Within five days from the
removal of any vehicle, provided that the vehicle has not been released
from the pound, the officer who caused the vehicle to be removed shall
send the owner, by registered mail, a notice that the same has been
impounded, designating the place from which such vehicle was removed,
and the reason for its removal and impounding, and the location of
the pound in which it is impounded.
Before the owner or his agent (hereinafter "owner")
shall be permitted to remove an impounded vehicle from any pound provided
for by this article, the following steps shall be taken:
A.
The owner shall pay to the Town of Elsmere any fines
due and owing for the violations for which the vehicle was towed,
as well as any other fines for any other parking violations which
the vehicle owner may owe to the Town. Upon payment of these fines,
the Elsmere Public Safety Department will provide a receipt.
[Amended 3-9-1995 by Ord. No. 320]
B.
The owner shall present proof of ownership of the
vehicle to the Elsmere Public Safety Department. The owner will then
be issued a release-of-vehicle form.
C.
The owner shall then deliver to the official pound
the release-of-vehicle form, and he shall also pay to the pound operator
all towing and storage charges. The towing and storage charges shall
not exceed the amounts agreed upon between the pound operator and
the Town in the current contract for towing charges. A printed statement
of the charges which the pound operator is permitted to charge under
contract can be obtained through the Elsmere Public Safety Department.
A statement of charges shall also be prominently posted in a public
area at the pound.[1]
[1]
Editor's Note: Former Subsection (b), which
immediately followed this subsection and dealt with charges paid under
protest, was deleted 5-30-1996 by Ord. No. 326.
The Council of the Town of Elsmere, through
resolution of said body, may establish and properly designate areas
to be known as "fire lanes" where it deems necessary to effectively
locate, access and extinguish a fire or like emergency around a building
or property.
A.
No person shall stop, stand or park a vehicle in any
place which as been designated and properly identified as a fire lane
pursuant to Regulation 17 of the State Fire Marshal Code or in an
area designated for a fire hydrant or standpipe connection, except
in compliance with the directions of a police officer or traffic control
device.
B.
Any person authorized to make arrests for violations of this article is hereby authorized to remove or cause to be removed, pursuant to provisions of §§ 215-7 through 215-11, and stored at the owner's expense, any unattended vehicle left standing wholly or partially within a fire lane or any unattended vehicle left standing in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant or standpipe connection.
C.
The Elsmere Public Safety Department, the State Fire
Marshal and his deputies shall be authorized to enforce this article.
Any fire officer in charge of firemen of a fire company responding
to, operating at or returning from a fire, service call or other emergency
shall be authorized to enforce this article.
D.
This article shall apply within the limits of the
Town of Elsmere.
E.
Anyone violating this article shall be fined $50.
This fine shall not relieve the owner or agent from liability for
towing and storing charges which may have resulted from the towing
and/or impoundment of said vehicle for violation of this article.
[Amended 9-18-2003 by Ord. No. 420]
[Amended 3-9-1995 by Ord. No. 320]
No law enforcement officer, fire officer in
charge of this delegate or fire marshal or his deputy or Code Enforcement
Official of the Town of Elsmere enforcing this article, and no one
who removes a vehicle from a prohibited area as described in this
article or stores such a vehicle, having been directed to remove or
store such vehicle by a person authorized to enforce this article,
shall be liable for criminal prosecution for any conduct directly
relating to the enforcement of this article or liable to any person
for negligence, resulting in the injury to or loss or destruction
of any real or personal property if such negligence arises out of
the enforcement of this article; provided, however, that such persons
shall be liable for loss or destruction of any real or personal property
caused by acts or omissions amounting to gross negligence or willful
wanton misconduct.
If any vehicle found by a person authorized
to enforce this article to be in violation of this article is unattended
at the time the violation is discovered and the identity of the operator
is not apparent, the person in whose name such vehicle is registered
as owner shall be held prima facie responsible for such violation.
