[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 4-27-2007[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 112, Parking, adopted as follows: Art. I, 6-27-1981 by
Ord. No. 56, as amended; Art. II, 6-27-1981 by Ord. No. 57, as amended;
and Art. III, Ord. No. 20, as amended.
The Town Council or its designee shall determine
and regulate parking in the Town of Fenwick Island.
A.
It shall be unlawful to 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:
(1)
On a sidewalk.
(2)
In front of a public or private driveway.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk.
(6)
Within 20 feet of a crosswalk at an intersection.
(7)
Within 30 feet upon the approach to any flashing beacon,
stop sign or traffic-control signal located at the side of a roadway.
(8)
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 Town or state indicates a different
length by signs or markings.
(9)
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 sign-posted.
(10)
Alongside or opposite any street excavation or obstruction
when such stopping, standing or parking would obstruct traffic.
(11)
On the roadway side of any vehicle stopped or parked
at the edge or curb of a street.
(12)
Upon any bridge or other elevated structure upon a
highway.
(13)
At any place where official signs prohibit stopping,
standing or parking.
(14)
At any place where such parking, standing or stopping
obstructs the free passage of other traffic.
(15)
Wherever a curb or road is marked yellow or a yellow
line is placed at the edge of a roadway or shoulder.
[Amended 6-20-2008]
(16)
On certain designated streets or sections thereof
where parking is not allowed at certain times without an appropriate
permit, receipt or other evidence of a license to park.
B.
Every vehicle stopped or parked shall be so stopped
or parked parallel to the curb or edge of the street or roadway in
the direction of authorized traffic movement with its right-hand wheels
within 12 inches of the right-hand curb or, if no curb exists, with
its right-hand wheels as far to the right as is practical, without
obstructing traffic.
The Town Council may order the placement of
signs prohibiting or restricting the stopping, standing or parking
of vehicles The signs shall be of such character as to inform readily
an ordinarily observant person of the existence of the rules and regulations.
It shall be unlawful for any person to violate such rules and regulations.
A.
No camper, motor home, trailer, mobile home, bus or
other vehicle equipped with cooking, sleeping or toilet facilities
shall be parked on any public street or other public or private property
except as otherwise provided herein.
B.
Such a vehicle may be parked for not more than two
hours in any one calendar day on any property located in a Commercial
Zone as shown on the Zoning Map of the Town, provided that not more
than one such vehicle may be parked on any lot at any one time.
C.
In the Residential District or on a residential use,
such a vehicle may be parked by the owner thereof on his own property
at any time, provided that he first obtains a permit therefor from
the Town, and provided further that, while so parked, it may not be
used for sleeping, eating, preparation of meals or change of clothing.
D.
Such a vehicle may be parked on or adjacent to the
site of the construction or repair of a building by a person or firm
engaged in such construction or repair, provided that a permit therefor
shall first be obtained from the Town, which permit shall state the
uses to which such vehicle may be put, the location at which it may
be parked and the length of time it may be parked there.
E.
This section shall not prohibit the parking within
the Town of a vehicle participating in a parade or exhibition in the
Town, provided that a permit therefor is first obtained from the Town.
The Town Council or its designee has determined
that it is desirable for the reasons set forth in the recital of this
chapter that the Town Council or its designee shall be empowered to
prohibit parking in such street ends without permit, which permit
shall be issued only on the conditions and in the manner hereinafter
set forth. In such cases, the Town Council shall cause appropriate
signs giving notice of the prohibition to be posted on those street
ends restricting all parking except parking by holders of permits
to be granted only on the following conditions:
A.
To persons or entities who either reside or own property
in the Town of Fenwick Island; provided, however, that in the event
of multiple ownership of property or multiple persons residing in
a single property, only one such permit shall be issued for each household
or each property, and provided further that in the event of the ownership
of more than one property improved by a dwelling (including single-family
dwellings, townhouses and condominium units), a permit for each such
improved property may be issued to the owner.
B.
For the purposes of this section, "street end" shall
be defined as that portion of the east-west streets in Fenwick Island
located east of Bunting Avenue.
C.
Permits will be of such construction and substance
as to be transferred from one vehicle to another that a holder may
own or use. Permits will not be permanently attached to a vehicle.
Two additional nontransferrable parking decals will also be issued
to the owner(s) of each improved property for the purpose of street
parking only and will not be valid for street end parking.
D.
Decals issued to paid contractors shall be valid for
street parking only.
E.
(Reserved)
F.
Nonresident parking permits are available for a fee
and shall be valid for street parking only.
G.
All parking on Town streets and beach ends, including
handicapped spaces, require permits from May 15 through September
15. Such permit shall be visually displayed hanging from the rearview
mirror in the vehicle so that it is able to be readily seen from the
street. Duplications or reproductions of such permits are not valid.
The fees for such permits shall be as set by resolution of the Town
Council from time to time.[1]
[Amended 8-22-2008; 4-23-2010]
[1]
Editor's Note: The fees resolution is on file
in the Town offices.
H.
The Town shall have the right to deny parking permits to any property owner who has not completed the declaration of property status for rental and non-rental property owners form as provided in § 100-9A(10) for each calendar year that the form is not returned.
[Added 8-24-2012]
I.
Anyone having a delinquent tax or other financial obligation due
the Town shall be denied parking permits until the obligation is satisfied.
[Added 8-24-2012]
A.
No person shall park, stop or stand a vehicle at any time upon any of the streets or parts of streets designated in § 112-7, except a vehicle for which a special plate has been issued pursuant to 21 Del. C. § 2134 or for which an authorized identification card has been issued by the Director of the Division of Motor Vehicles and displayed in the front window of such vehicle.
[Amended 4-23-2010]
B.
Handicapped parking and signage for persons with disabilities.
(1)
Handicapped persons are required to obtain a valid parking permit issued by the Town of Fenwick Island to park on Town streets and certain designated spots at beach ends per requirements of § 112-5.
(2)
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)
Parking spaces or zones for use by persons with disabilities
which limit or impair the ability to walk shall be provided in accordance
with the Town Code as amended and adopted by the Town Council.
(4)
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 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.
[Amended 4-23-2010]
(5)
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.
(6)
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.
(7)
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.
(8)
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.
[Added 7-25-2008]
No person shall park a motor vehicle on any
public street east of Bunting Avenue between the hours of 12:00 midnight
and 6:00 a.m.
A.
Any person who shall violate any provision of this
chapter shall pay a fine of $50, however the violation for parking
on street ends without the proper permit shall be a fine of $75. In
addition, the Town Police may cause any vehicle parked in violation
of this article to be towed away, the cost thereof to be paid by the
owner thereof. If the identity of the operator of any vehicle parked
in violation of this article cannot be readily determined, the owner
of such vehicle shall be presumed to have parked it.
B.
Fines imposed for violation of any provision of this
chapter must be paid within 14 days at the Town office within the
time indicated on the notice of violation. Failure to pay such fine
within said 14 days shall result in the initial fine being doubled.
C.
Parking fines shall be civil rather than criminal
offenses, and neither court costs nor administrative costs shall be
charged when a civil penalty for parking is paid by voluntary assessment.
[Added 8-22-2008]
