[HISTORY: Adopted by The Mayor and Council
of New Castle as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-5-1991 by Ord. No. 329]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any vessel that may be propelled by oars, paddles, sails,
power or motor, that is designed or intended to be used on any body
of water.
[Amended 4-24-2001 by Ord. No. 399]
A surface treated and hardened to accommodate vehicles in accordance with the applicable building code regulations and being that part of the passage located on private property that provides vehicular ingress and egress to a property fronting on a public street using an approved curb cut and as limited in width by § 230-28D.
[Added 4-24-2001 by Ord. No. 399]
A yard extending the full width of the lot between the front
street line and the residential dwelling, except for driveways.
[Added 4-24-2001 by Ord. No. 399]
Includes every vehicle which is self-propelled, except farm
tractors and OHVs.
[Added 4-24-2001 by Ord. No. 399]
A motor-driven off-road vehicle capable of cross-country
travel without benefit of a road or trail, on or immediately over
land, snow, ice, marsh, swampland or other natural terrain. It includes
but is not limited to a multi-wheel-drive or low-pressure-tire vehicle,
a motorcycle or related two-wheel vehicle, an amphibious machine,
a ground-effect air-cushion vehicle or other means of transportation
deriving motive power from a source other than muscle or wind. OHV
does not include a farm vehicle being used for farming, a vehicle
used for military, fire, emergency or law enforcement purposes, a
construction or logging vehicle used in performance of its common
function or a registered aircraft.
Includes every person who is in actual physical control of
a vehicle or OHV.
[Added 4-24-2001 by Ord. No. 399]
Any individual, partnership, joint venture, corporation or
legal entity of whatever nature.
Includes every motor vehicle, self-propelled or capable of
being towed by a passenger vehicle, bus, station wagon or pickup truck,
of such size and weight as not to require any special highway movement
permits from the Delaware Department of Motor Vehicles, which is primarily
designed or constructed to provide temporary, movable human living
quarters for recreational, camping or travel use, not the residence
of the owner or occupant. It shall also include all trailers as defined
in this section, and every van which is used primarily for personal
pleasure and not for commercial use, regardless of the equipment or
furnishings contained within such van.
The act of providing a service or other function, during
the pendency of that function only, requested by or contracted for
by a person engaged in a permitted use within a residential district,
as well as the permitted use in the first instance, if applicable.
Includes a mobile home, travel trailer, house trailer, office
trailer, camping trailer or any vehicle without motive power designed
to carry property or passengers wholly on its own structure and to
be drawn by a motor vehicle.
Includes every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to carry a load
other than as a part of the weight of the vehicle and the load so
drawn.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks and excepting electric trackless trolley coaches and excepting
OHVs.
[Amended 8-6-1991 by Ord. No. 329A; 12-9-1997 by Ord. No.
379; 4-24-2001 by Ord. No. 399]
A.
Parking of boats and off-highway vehicles (OHVs) in
residential districts. The parking of boats, a boat trailer, or OHVs
on public roadways, dedicated private roadways, front yard areas,
or lawn areas of apartment buildings or complexes in residential district
is prohibited.
B.
Parking of tractors, trailers and trucks in residential
districts prohibited.
(1)
No person shall park in any residential district, as defined in Chapter 230, Zoning, of the City of New Castle, any tractor, trailer, tractor and trailer, or any combination thereof, dump truck, oil thick or any other vehicle whose length is greater than 240 inches, or whose width is over 84 inches, or whose height is over 84 inches, or whose weight exceeds 5,000 pounds, except when serving a permitted use.
(2)
The prohibition contained in this subsection shall
not be applicable to lot owners who own, lease or sublet a parcel
of land comprising at least two acres, provided, in all cases, that
this exemption shall be applicable only in instances where the prohibited
vehicle is parked on the owner's, lessee's or sublessee's property,
incidental to the use of the property as a residence.
C.
Parking of trailers and other recreational vehicles in residential
districts.
[Amended 10-29-2015 by Ord. No. 503]
(1)
No person shall park any trailer on any public roadway, dedicated private roadway, front yard areas, or lawn areas of apartment buildings or complexes in a residential district for more than 24 consecutive hours. The exemption provided for in § 172-2C(3) below shall be inapplicable to trailers. In addition, no person shall park any other recreational vehicle whose length is greater than 240 inches, or whose width is over 84 inches, or whose weight exceeds 5,000 pounds, on any public roadway, dedicated private roadway, front yard areas, or lawn areas of apartment buildings or complexes in a residential district.
(2)
Parking of a recreational vehicle on a public or private roadway
in a residential district shall be permitted on a temporary basis,
not to exceed seven days, by any person visiting a lot owner, lessee
or sublessee. A visitor wishing to avail himself/herself of this privilege
must comply with the following requirements:
(a)
Parking on the roadway during the seven-day period shall be
limited to the portion of the roadway fronting on the lot which is
the subject of the visit.
(b)
The visitor or his/her designee shall obtain a temporary permit
form from the City Clerk, which permit shall designate the vehicle
to be parked, to whom the permit is issued and the date upon which
the permit is to expire. The temporary permit must be displayed on
the rear-view mirror of the recreational vehicle during the period
of time it is parked on the roadway.
(c)
A fee as set by resolution of the City Council from time to
time exists to defray the costs of administering this permit procedure.
The fee shall be due and payable to the City Clerk upon the filing
of the application.
(3)
Exemptions.
(a)
Notwithstanding anything to the contrary contained herein, all
owners of recreational vehicles currently parking recreational vehicles
on public and private roadways, who do not have private property on
which to park the recreational vehicle, may continue to park the recreational
vehicle on the roadway, subject to the conditions that: (i) this exemption
shall not apply to trailers; and (ii) this exemption shall expire
on the earlier of the two following occurrences, the intent of this
provision being to assure that exemption rights are nontransferable
with respect to the vehicle and the place of residence:
D.
Parking of vehicles. No person shall park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer, in any of the following places:
The City Police Department shall have the primary
responsibility for enforcing violations of this article on the public
roadways in residential districts. The Housing Officer shall have
the primary responsibility for enforcing violations of this article
on private property in residential districts. This delegation of primary
responsibility to the Police Department and Housing Officer shall
have no effect on the authority of any other police agency pursuant
9 Del. C., Chapter 19, or 11 Del. C., Chapter 83, Subchapter 1.
For each violation of this article, any person,
operator, lessee or owner of any vehicle, recreational vehicle, tractor,
trailer, bus, dump truck, oil truck, boat or any other vehicle, or
any owner, lessee or occupier of a building or premises in or on which
any such violation exists, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $25 and not more
than $100 for the first offense; and not less than $50 and not more
than $200 for each subsequent offense. Each day a violation of this
article continues shall constitute and be deemed a separate offense.
A summons in appropriate form may be attached
to an unattended vehicle found in violation of this article by any
police officer of the Police Department.
There is hereby created a rebuttable presumption
that the person in whose name a vehicle, recreational vehicle, tractor,
trailer, bus, dump truck, oil truck, boat or any other vehicle is
registered as the owner shall be prima facie responsible for any violation
of this article if such vehicle is unattended when the violation is
discovered.
[Adopted 1-16-1996 by Ord. No. 370]
A person shall be deemed disabled for the purposes
of this article if the person has one or more of the disabilities
set forth in 21 Del. C. § 2134(a)(1), (2), (3), (4), (5)
or (6), and has been issued a special, handicapped person's registration
plate pursuant to 21 Del. C. § 2134 or a disabled person's
parking permit pursuant to 21 Del. C. § 2135.
A.
No person shall park a vehicle in a parking space
on public property in the City of New Castle which has been set aside
and identified for use only by persons with physical disabilities,
unless:
(1)
The vehicle registration plate has displayed thereon
the word "handicapped" as provided in 21 Del. C. § 2134;
or
(2)
The vehicle registration plate from a state other
than Delaware has displayed thereon "handicapped" or a similar designation
as set forth under the applicable law where the vehicle is registered;
or
(3)
The vehicle clearly displays that a person using the
vehicle has been issued a disabled person's parking permit pursuant
to 21 Del. C. § 2135.
B.
In accordance with 21 Del. C. § 2134(f)
and § 2135(f), persons for whom special motor vehicle registration
plates for the handicapped or disabled persons' parking permits have
been issued pursuant to the applicable law where the vehicle is registered,
when such permits are displayed properly, may park for unlimited periods
of time in parking zones restricted as to the length of time permitted,
and shall not be required to pay any parking meter fees; provided,
however, that such persons shall not park:
(1)
In zones where stopping, standing or parking are prohibited
to all vehicles;
(2)
In zones which are reserved for special types of vehicles;
or
(3)
Where parking is prohibited during heavy traffic periods
in morning, afternoon or evening rush hours, or where parking clearly
would present a traffic hazard.
C.
Any person violating this section shall, upon conviction,
be punished by a fine of not less than $50 nor more than $100.
Notwithstanding any other provision of this
article to the contrary, no parking space on public property shall
be set aside, identified or otherwise reserved for use by a handicapped
or disabled City resident who has available for his/her use a driveway,
parking pad or other type of off-street parking space or private garage,
on the premises of his/her residence or within 200 feet of his/her
residence that provides at least the same proximity for such resident
to his/her residence as the proposed parking space on public property
would provide. Failure of an applicant to disclose the foregoing information
to the City Administrator shall constitute grounds for disapproval
or nonrenewal of reserved parking space on public property. This provision
also applies to all renewal applications.
The Street Department, at the direction of the
City Administrator, shall paint blue curbs and blue handicapped symbols
identifying parking spaces set aside and reserved for use only by
the handicapped on public property. At the direction of the City Administrator,
the Street Department shall paint over or otherwise remove such blue
curbs and symbols.
Upon discovery of a vehicle other than a vehicle
of the handicapped or disabled in a designated handicapped parking/tow-away
zone under the jurisdiction and control of the City Police Department,
the police may, if the determination has been made that the circumstances
require such, cause such 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 of such vehicle, unless the
vehicle is leased; then such costs shall be borne by the lessee of
the vehicle.
No person shall park a motor vehicle in a parking
space on public property in the City which has been set aside and
identified for use only by those who have physical disabilities, unless
such vehicle displays in the windshield a disabled persons' parking
permit as issued by the State Department of Motor Vehicles pursuant
to 21 Del. C. § 2135, or displays a state handicapped person's
registration plate pursuant to 21 Del. C. § 2134. Any person
violating this section shall, upon conviction, be punished by a fine
of not less than $50 nor more than $100.
The City Administrator, upon receipt of a completed application submitted by or on behalf of a qualified handicapped or disabled person, shall issue a permit for the handicapped parking space specified in § 172-9 based upon information contained in the application and as required by the City Administrator. Each permit shall be valid for a maximum period of three years and may be renewed for additional periods of three years each, provided that the permit holder remains eligible pursuant to the terms of this article.
The permit holder shall annually file with the
City an affidavit averring that the permit holder continues to reside
at the address indicated on the permit application and such other
averments as are deemed necessary by the City Administrator to administer
the issuance of permits for handicapped parking spaces. The form of
such affidavit shall be provided by mail to each permit holder by
the City Administrator and shall be returned within 30 days by the
permit holder. If a permit holder fails to file such affidavit, his/her
permit shall become void and the reserved parking space repainted
to eliminate any indication that it is reserved for the handicapped.
The permit holder, his/her primary care giver
or his/her legal representative shall notify the City of any change
in circumstance which would affect the permit holder's eligibility
for a permit for a handicapped parking space. Such changes include
but are not limited to a change in the permit holder's residence,
the death of the permit holder or a change in the permit holder's
physical condition.
It shall be unlawful for the applicant for a
permit for a handicapped parking space or any person submitting an
application on behalf of an applicant to make a false statement in
order to obtain such a permit. Any person who makes a false statement
in order to obtain such a permit shall be fined not less than $100,
but not more than $500, and will be required to forfeit any permit
so obtained.
