[Adopted 8-12-2003 by Ord. No. 422]
A.
The Police Department and the Public Services Department
are authorized to maintain clear zones within the rights-of-way within the
City of New Castle. In maintaining these clear zones, the Departments shall
have the authority immediately to seize and remove artificial obstructions
placed therein, including, but not limited to, unofficial signs, poles, mailboxes
not placed in conformance with Departmental regulations, basketball nets,
backboards and poles, hockey nets, soccer nets or other sports equipment,
or other hazards to safe passage.
B.
The Police Department and the Public Services Department
are authorized to maintain unobstructed passage on highways and roadways within
the City of New Castle. Those whose actions cause passage to be obstructed
shall be ordered to cease and desist such activity immediately. No item, either
temporary or permanent, that obstructs passage shall be placed on a highway
or roadway. Obstruction of passage shall include, but not be limited to, the
playing of basketball and/or street hockey. This section is not intended to
hamper the Police Department or the Public Services Department in the performance
of their duties.
C.
In removing any artificial obstruction, as partially
defined above, the Departments shall, for the first offense, allow the owner
of the seized property 30 days to retrieve the seized property at the owner's
expense prior to disposal. After 30 days, the Department shall immediately
dispose of the seized property in accordance with due process regulations
established by the Director of Public Services.
D.
As used in this article, the term "clear zone" has the
following meanings:
(1)
For all roads except those described in Subsection D(2) the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of 10 feet perpendicular to the pavement edge or to the edge of the right-of-way, whichever distance is shorter.
(2)
For all interior streets within residential subdivisions,
or as to all streets in which sidewalks are present, the term includes the
total roadside border area within a right-of-way, starting at the edge of
the pavement and continuing for the shorter distance of either:
(3)
The total area within the median strips between traveled
ways or on any channelization islands.
A.
The Public Services and Police Departments shall have
the authority to regulate and restrict parking temporarily.
B.
Any artificial barrier placed within the right-of-way,
such as chairs, trash cans, parking cones, or other hazards to safe passage,
not authorized by the Public Services or Police Departments, and used, or
potentially used to restrict or save parking spaces is prohibited.
For the purposes of this article, unless the context otherwise clearly
indicates, the following terms shall have the meanings indicated:
The entire width between boundary lines of every way or place of
whatever nature open to the use of the public as a matter of right for purposes
of vehicular travel, but does not include a road or driveway upon privately
owned land.
The privilege of the immediate use of the highway or roadway.
That portion of a highway improved, designed or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway
includes two or more separate roadways, the term "roadway" as used herein
shall refer to any such roadway separately, but not to all such roadways collectively.
A.
First offense; warning. Any person observed by any police
officer or by the Director of Public Services violating this article shall
be issued a written warning. If such person is a juvenile, a copy of such
written warning shall be delivered or mailed to such juvenile's parents
or lawful guardians at their last known address.
B.
Second and subsequent violations. Any person having previously been issued a written warning under Subsection A who is observed violating this article a second or subsequent time shall, upon conviction, forfeit and pay a fine of not less than $25 nor more than $100, plus court costs and Victim's Compensation Fund Assessment, if applicable. If such person is a juvenile, a copy of the charges shall be delivered or mailed to such juvenile's parents or lawful guardians at the parent or guardian's last known address.
It shall be unlawful for any parent or other person having legal custody of a juvenile (legal guardian) knowingly to permit, or fail to take responsible measures to prevent the juvenile from repeatedly violating this article. The term "knowingly" includes knowledge that a parent or legal guardian should reasonably be expected to have concerning the activities of juveniles in that parent's/guardian's custody. This requirement is intended to hold a neglectful or careless parent or legal guardian to a responsible community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or legal guardian was completely indifferent to the activities or conduct of such juvenile. Thus, where any juvenile shall be found guilty by a court of competent jurisdiction of violating this article a third or subsequent time (counting the first offense warning provided for in § 209-9A as a first violation), such parent or legal guardian, as the case may be, shall be charged with knowingly permitting the juvenile's unlawful conduct in violation of this article and shall, upon conviction, pay a penalty of not less than $25 nor more than $100, plus court costs and Victim Compensation Fund Assessment, if applicable.
