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Town of Fenwick Island, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 4-27-2007[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 140.
Vehicles and traffic — See Ch. 153.
[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Editor's Note: This ordinance also superseded former Ch. 112, Parking, adopted as follows: Art.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]
[1]
Editor's Note: Former § 112-8, No parking was repealed 6-20-2008. This enactment also provided for the redesignation of former § 112-9 as § 112-8.