[Adopted 6-21-1997]
[Amended 1-12-2001]
It shall be unlawful for any person to park or stand a motor vehicle or cause any motor vehicle to stand for longer than the time limit prescribed herein upon any of the public streets or parts of streets, roads and rights-of-way in the Town of Henlopen Acres, as the case may be, except however, as may otherwise be provided by ordinance, rule or regulation, said time limit being a total of 24 hours. A separate offense shall be deemed committed on each day (twenty-four-hour period) during or on which a violation occurs or continues.
[Added 10-7-2016]
A. 
Definitions. In addition to the definitions set forth in § 116-1 of this chapter, for purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
MOTOR VEHICLE
A vehicle which is self-propelled by a compression ignition type of internal combustion engine and which is designed primarily for transporting persons, objects, items, or property on a public street or highway; for purposes of this section. passenger automobiles and motorcycles are excluded.
IDLE
The motor vehicle operating mode consisting of a nonloaded, throttled engine speed at the revolutions per minute specified by the manufacturer.
B. 
Standards. No person shall cause, suffer, allow, or permit the engine of a motor vehicle to idle for more than five consecutive minutes if the vehicle is not in motion, except:
(1) 
A vehicle at the vehicle operator's place of residence may idle for 20 consecutive minutes: or
(2) 
A vehicle may idle for 20 consecutive minutes when the vehicle engine has been turned off and not operated for three or more consecutive hours.
C. 
Exceptions. The provisions of Subsection B of this section shall not apply to:
(1) 
Vehicles stopped in a line of traffic;
(2) 
Vehicles whose primary or secondary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion or passenger compartment heating or air conditioning;
(3) 
Vehicles being or waiting to be examined by state or federal motor vehicle inspectors;
(4) 
Emergency vehicles in an emergency situation;
(5) 
Vehicles while engaged in the process of connection, detachment or exchange of trailers.
[Added 10-11-2013[1]; amended 1-17-2014]
No person shall park or cause to be parked any vehicle on any public place without obtaining permission of the Town Manager or obtaining a permit where a permit to park is required.
[1]
Editor's Note: The ordinance adopted this date also provided for the redesignation of former §§ 116-8 and 116-9 as §§ 116-9 and 116-10, respectively.
[Amended 7-9-1999 by Ord. No. 99-1; 7-9-2004; 1-9-2009; 1-17-2014]
A. 
Any violation of any provision of this article is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code. Any person violating any provision of this chapter shall pay a civil assessment of $75 and shall also pay the Town's court costs and expenses, including its attorneys' fees.
B. 
Notwithstanding any other provision concerning a violation, any security person or the Town Manager, while in the performance of his or her duty, may contact the Delaware State Police to remove or cause to be removed, at the expense of the owner or operator, any motor vehicle parked in violation of this article, when the owner or operator is unable, unwilling or unavailable to move such motor vehicle immediately, pursuant to the provisions of 21 Del. Laws, c. 6901 et seq.
[Added 7-10-2009]
A. 
All individuals and artificial entities required by ordinances or laws of the Town, Sussex County or the State of Delaware (21 Del. C. §§ 4183, 2134, and 2135) to designate parking spaces or parking zones for use by vehicles operated by disabled persons shall also be required to erect and maintain signs marking those parking spaces as zones.
B. 
After receipt of a complaint regarding the lack of a required sign, the Town Manager or his/her designee shall mail a written warning to the individual or artificial entity at its address shown on the tax rolls or other source of information. 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 Town Manager or his/her designee may apply for a warrant with a court of competent jurisdiction in the name of the offending individual or artificial entity. Each day of noncompliance shall constitute a separate offense. The penalty for each offense shall be $200.
C. 
Except as otherwise provided herein, the provisions of § 116-5, Violations and penalties; voluntary assessment, and § 116-9, Towing at owner's expense; removal by State Police, shall apply.
[Amended 1-17-2014]
D. 
The Town Manager or his/her designee may also pursue civil remedies, including injunctive relief.