[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 9-24-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking — See Ch. 112.
[1]
Editor's Note: This ordinance also repealed former Ch. 153,
Vehicles and Traffic, which consisted of Art. I, Weight Limits, adopted
5-27-1978 by Ord. No. 43, as amended, and Art. II, Truck Limits, adopted
5-28-1993 by Ord. No. 69, as amended.
In order to avoid damage to the streets of Fenwick Island, the
Town Council is hereby authorized to establish weight limits for vehicles
operating upon said streets. Such limits may vary from time to time
and from street to street, taking into account the condition of the
surface and subsurface of each street and weather conditions and other
conditions affecting the ability of the street surface to withstand
damage from vehicular traffic. Signs giving notice of such weight
limits shall be erected along any street to which such limits are
applicable in locations suitable to give reasonable notice of such
limits to persons using such streets. Any person who shall, on such
a street, operate a vehicle having a weight in excess of the weight
limit established for such street pursuant hereto shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined $100.
When any such limit is established by the Town Council, a majority
of the members of the Council present and voting at any regular or
special meeting thereof may reduce, increase or cancel any such limit.
In the event of such a reduction or increase, appropriate change shall
be made in any sign giving notice of the limits applicable to the
streets affected by such change.
Trucks in excess of five tons gross vehicle weight are confined
to Route 1 and the Commercial Zone, unless the destination is within
the Residential Zone.
Traffic signs will be posted in accordance with the intent of
this chapter, and this chapter will be enforced within three months
after enactment.
The fine for violation of this chapter is $100.
[Added 3-4-2022]
In order to promote the public health, safety and general welfare
of the property owners and residents of the Town of Fenwick Island,
the Town Council is hereby further authorized to establish limits
on vehicles and traffic on the streets of Fenwick Island.
[Added 3-4-2022]
As used in § 153-8, the following terms shall have the meanings indicated:
Shall have the meaning set forth in the Delaware Code, Title
2, that is: a four-wheeled motor vehicle, other than a truck, whose
speed attainable in one mile is more than 20 miles per hour, but no
more than 25 miles per hour on a paved, level surface. The low-speed
vehicle shall be limited to a gross vehicle weight rating (GVWR) of
less than 2,500 pounds.
A transportation service 1) in a motor vehicle designed or
used to transport passengers, 2) operated by or for the benefit of
a commercial enterprise or a residential community, whether for compensation
or not, 3) for the purpose of transporting passengers to or from a
residential community or a commercial enterprise located outside the
jurisdictional limits of Fenwick Island, and 4) where at least one
dropoff or pickup location is on or along a Town street; provided,
however, that the following transportation services are specifically
excluded from the definition of "shuttle service" herein: licensed
taxi services or similar ride-for-hire transportation services (such
as Uber and Lyft); any public transportation service (such as DART)
operated or regulated by the State of Delaware or any political subdivision
thereof; any emergency vehicles; any vehicle owned or operated by
the Town of Fenwick Island; and any vehicle used to provide necessary
transportation services reasonably necessary to accommodate individuals
with physical disabilities or limitations.
[Added 2-24-2023]
[Added 3-4-2022]
A.
No low-speed
vehicles (LSV), or similar vehicles, may be operated or driven on
any Town street, except for construction equipment (such as loaders,
backhoes and bobcats), lawn mowers, emergency vehicles, vehicles used
by the Town and electrical personal assistive mobility devices.
B.
Any person who shall violate any provisions of § 153-8A shall be subject to penalties under this section of $100 for each day of violation, as well as the Town's cost and expenses, including reasonable attorneys fees. Penalties assessed for a violation of this chapter shall be considered civil penalties, and any action brought for the recovery phase of the penalties by the Town shall be brought in any civil court of competent jurisdiction.
[Added 2-24-2023]
A.
No shuttle shall be permitted to operate, pick up or discharge passengers
on any Town street or beach end parking area.
B.
Any person who shall violate any provisions of § 153-9A shall be subject to penalties under this section of $100 for each person being so transported in violation of this section, as well as the Town's cost and expenses, including reasonable attorneys' fees. The Town also reserves the right to seek any other legal remedy available in a court of appropriate jurisdiction in the State of Delaware. Penalties assessed for a violation of this section shall be considered civil penalties, and any action brought for the recovery phase of the penalties by the Town shall be brought in any civil court of competent jurisdiction.
