[HISTORY: Adopted by The Mayor and Council
of New Castle 1-6-1987 by Ord. No. 288. Amendments noted where
applicable.]
Ordinance No. 189 is hereby amended by striking
it in its entirety and adopting by reference pursuant to 21 Del. C.
§ 4101 the following sections of Title 21 of The Delaware
Code as those sections may be amended from time to time:
A.
Obedience to and effect of traffic laws.
B.
Traffic control signals.
(1)
Section 4106, Authorized emergency vehicles.
(2)
Section 4107, Obedience to and required traffic-control
devices.
(3)
Section 4108, Traffic-control signal legend.
(4)
Section 4109, Pedestrian-control signals.
(5)
Section 4110, Traffic signals.
(6)
Section 4111, Display of unauthorized signs, signals
or markings.
(7)
Section 4112, Interference with official traffic-control
devices or railroad signs or signals or other street signs.
C.
Driving on right side of roadway; overtaking and passing,
etc.
(1)
Section 4114, Driving on right side of roadway; exceptions.
(2)
Section 4115, Passing vehicles proceeding in opposite
directions.
(3)
Section 4116, Overtaking a vehicle on the left.
(4)
Section 4117, When overtaking on the right is permitted.
(5)
Section 4118, Limitations on overtaking on the left.
(6)
Section 4119, Further limitations on driving to left
of center of roadway.
(7)
Section 4120, No-passing zones.
(8)
Section 4121, One-way roadways and rotary traffic
islands.
(9)
Section 4122, Driving on roadways laned for traffic.
(10)
Section 4123, Following too closely.
(11)
Section 4124, Driving on divided highways.
(12)
Section 4125, Turning off roadway by slow-moving vehicle.
D.
Right-of-way.
(1)
Section 4130, Vehicle obstructing traffic.
(2)
Section 4131, Vehicle approaching or entering intersection.
(3)
Section 4132, Vehicle turning left.
(4)
Section 4133, Vehicle entering roadway.
(5)
Section 4134, Operation of vehicles on approach of
authorized emergency vehicles.
(6)
Section 4135, Entering or crossing divided highway
from crossover or other intervening space between opposing lanes.
(7)
Section 4136, Driving upon sidewalk or bicycle path
by vehicles and bicycles.
E.
Pedestrian rights and duties.
(1)
Section 4141, Pedestrian obedience to traffic-control
devices and traffic regulations.
(2)
Section 4142, Pedestrians' right-of-way in crosswalks.
(3)
Section 4143, Crossing at other than crosswalks.
(4)
Section 4144, Drivers to exercise due care.
(5)
Section 4145, Pedestrians to use right half of crosswalks.
(6)
Section 4146, Pedestrians on highways; penalty.
(7)
Section 4147, Pedestrians soliciting rides or business.
(8)
Section 4148, Carrying of lights or reflector device
by pedestrians; penalty.
(9)
Section 4149, Walking on highways under influence
of drugs or liquor.
(10)
Section 4150, Use of certain canes restricted to blind
pedestrians.
(11)
Section 4151, Pedestrians' right-of-way on sidewalks.
F.
Turning and starting and signals on stopping and turning.
(1)
Section 4152, Required position and method of turning
at intersections.
(2)
Section 4153, Limitations on turning around.
(3)
Section 4154, Starting parked vehicles.
(4)
Section 4155, Turning movements and required signals.
(5)
Section 4156, Signals by hand and arm or signal device.
(6)
Section 4157, Method of giving hand and arm signals.
G.
Special stops required.
(1)
Section 4161, Obedience to signal indicating approach
of train, drawbridge or automatic signal system controlling the flow
of traffic.
(2)
Section 4163, Certain vehicles must stop at all railroad
grade crossings.
(3)
Section 4164, Stop signs and yield signs.
(4)
Section 4165, Emerging from alley, driveway, private
road or building.
(5)
Section 4166, Overtaking and passing school bus; stop
signal devices.
(6)
Section 4167, Moving heavy equipment at railroad grade
crossings.
H.
Speed restrictions.
(1)
Section 4168, General speed restrictions.
(2)
Section 4169, Specific speed limits; penalty.
(3)
Section 4170, Speed limits set by local authorities.
(4)
Section 4171, Minimum speed.
(5)
Section 4172, Speed exhibitions; drag races and other
speed contests.
(6)
Section 4172A, Malicious mischief by motor vehicle.
(7)
Section 4173, Speed and weight limits on elevated
structures.
(8)
Section 4174, Complaint and summons in speed violations.
K.
Miscellaneous rules.
(1)
Section 4182, Unattended motor vehicle.
(2)
Section 4183, Handicapped persons' parking areas.
(3)
Section 4184, Limitations on backing.
(4)
Section 4185, Riding on motorcycles.
(5)
Section 4186, Obstruction to driver's view of driving
mechanism.
(6)
Section 4187, Coasting prohibited.
(7)
Section 4188, Following fire apparatus; driving vehicle
over fire hose.
(8)
Section 4189, Putting glass, etc., on a highway prohibited.
(9)
Section 4190, Opening and closing vehicle doors.
(10)
Section 4191, Trailers and towed vehicles.
L.
Operation of bicycles and play vehicles.[1]
(1)
Section 4192, Effect of regulations.
(2)
Section 4193, Traffic laws apply to persons riding
bicycles.
(3)
Section 4194, Riding on bicycles.
(4)
Section 4194A, Mopeds and tripeds.
(5)
Section 4195, Clinging to vehicles.
(6)
Section 4196, Riding on roadways and bicycle paths.
(7)
Section 4197, Carrying of articles.
(8)
Section 4198, Lamps and other equipment on bicycles.
[1]
Editor's Note: Subchapter XII of Title 21
of the Delaware Code was revised as follows: 66 Del. Laws, c. 167
effective July 14, 1987, repealed and reenacted this subchapter, substituting
present §§ 4192 to 4198I for former §§ 4192
to 4198. No detailed explanation of the changes made by the 1987 Act
has been attempted, but, where appropriate, the historical citations
to the foregoing sections have been added to corresponding sections
in the amendment subchapter.
N.
Reports of accidents; penalties; interpretation of
laws.
(1)
Section 4201, Duty of driver involved in accident
resulting in property damage.
(2)
Section 4202, Duty of driver involved in accident
resulting in injury or death to any person; penalty.
(3)
Section 4203, Duty to report accidents; evidence.
(4)
Section 4204, Report of damaged vehicles; cars involved
in fatal accidents.
(5)
Section 4205, Penalties.
(6)
Section 4206, Removal of vehicles from accident scene
prohibited.
(7)
Section 4207, Uniformity of interpretation.
Whenever in the section of Title 21 adopted
by reference herein there is a reference to the Department of Public
Safety, it shall mean the City Council of the City of New Castle.
On special occasions, the Police Department
of the City of New Castle may make such special and temporary regulations
as may be necessary for the occasion, but such regulations shall apply
only as a temporary measure.
A.
The operation of trucks or other commercial vehicles,
except passenger buses, is prohibited on the highways and streets
in the City of New Castle other than that portion of Seventh Street
between the southerly boundary of the city and Washington Street,
Washington Street between Ninth Street and the New Castle - Frenchtown
Turnpike, on that portion of the New Castle - Frenchtown Turnpike
which is west of Chestnut Street, that portion of Chestnut Street
which is west of Sixth Street, that portion of Sixth Street which
is between Chestnut Street and Wilmington Road, and that portion of
Wilmington Road which is north of Sixth Street; provided, however,
that trucks and commercial vehicles may be operated on the highways
and streets in the City of New Castle when, and only when, they are
either making a delivery or a pickup within the City of New Castle
or are operated by or in connection with a commercial enterprise located
within the City of New Castle or are being used as a means of transportation
by a resident of the City of New Castle to or from his/her residence
in the City of New Castle.
B.
The operation of trucks or other "commercial vehicles," as said term
is defined in Title 21 of the Delaware Code, is prohibited on that
public right-of-way known as Dalby Alley in the City of New Castle.
The City Administrator shall have the authority to grant exceptions
to this prohibition upon advance written request in isolated, nonreoccurring
instances where exceptional practical difficulty may result.
[Added 7-16-2014 by Ord. No. 498[1]]
C.
Whoever violates this section shall, for the first
offense, be fined not less than $5 nor more than $50 and, for each
subsequent like offense, shall be fined not less than $25 nor more
than $100. All subsequent offenses, before being punishable as such,
shall have been committed within 12 months after the commission of
the first offense, and if they are committed more than 12 months after
the commission of the first offense, they shall be punishable as a
first offense.
D.
Traffic signs shall forthwith be placed at the highway
or street entrances into the City of New Castle bearing a legend "Trucks
and Commercial Vehicles Prohibited Except for Local Business." Such
signs shall be such as to be visible and legible to an ordinarily
observant person.
A.
Any duly constituted peace officer in this city, who
charges any person with any of the offenses hereinafter designated
"motor vehicle offenses subject to voluntary assessment" may, in addition
to issuing a summons for any such offenses, provide the offending
operator with a voluntary summons for any such offenses, which, when
properly executed by the officer and the offender, allows the offender
to dispose of the charge without the necessity of personally appearing
in the Mayor's Court.
B.
PAYMENT
VOLUNTARY ASSESSMENT FORM
Definitions. As used in this section, the following
words shall have the meanings indicated:
The total amount of the fine and of the costs as herein provided and of the penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.
The written agreement or document signed by the violator
wherein he/she agrees to pay by mail the fine for the offense described
therein, together with costs and penalty assessment.
C.
Places and time of payment. Payments made pursuant
to this section shall be remitted to the Mayor's Court. The payment
must be received by the Court within 10 days from the date of arrest
(excluding Saturday and Sunday) and shall be paid only by check or
money order.
D.
Jurisdiction. This section shall apply to any licensed
resident of the state and to residents of those jurisdictions with
which the state has entered a reciprocal agreement pursuant to Chapter
4 of this Title 21.
E.
Offenses designated as motor vehicle offenses subject
to voluntary assessment; exceptions. All offenses, as now or hereafter
set forth in this article, are hereby designated as motor vehicle
offenses subject to voluntary assessment, except the following offenses:
F.
Offer and acceptance of voluntary assessment; effect;
withdrawal of acceptance; request for hearing.
(1)
At the time of making an arrest for any offense subject
to this article, the arresting officer may offer the alleged violator
the option of accepting a voluntary assessment. The alleged violator's
signature on the voluntary assessment form constitutes an acknowledgment
of guilt of the offense stated in the form, and an agreement to pay
the fine as herein provided, together with costs and penalty assessment,
within 10 days from the date of arrest (excluding Saturday and Sunday),
during which time payment must be received by the court.
(2)
The alleged violator, after signing and receiving
the voluntary assessment form, may withdraw his/her acceptance of
the voluntary assessment and request a hearing on the charge stated
in such form, provided that the alleged violator, within 10 days from
the date of arrest (excluding Saturday and Sunday), personally or
in writing notifies the Mayor's Court that he/she wishes to withdraw
his/her acceptance of the voluntary assessment and requests a hearing
on the charge stated in the voluntary assessment form. If the alleged
violator notifies the court of such withdrawal and request for hearing
as aforesaid, he/she shall be prosecuted for the charge stated in
the voluntary assessment form as if such form had not been issued.
G.
Penalty. If an alleged violator elects the option of accepting a violation assessment in accordance with Subsection F of this section, the penalty for offenses designated as motor vehicle offenses subject to voluntary assessment shall be the minimum fine for each specific offense charged, and fines shall be cumulative if more than one offense is charged.
H.
Court costs and applicability of Delaware Victim Compensation Law. In lieu of any other court costs, and provided the offense is not subject to other proceedings under this article, each fine for an offense under this article shall be subject to court costs of $15. Each fine for an offense under this article shall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.[1]
I.
Agreement to accept voluntary assessment; procedure.
Whenever a person is arrested for commission of an offense subject
to his/her article and has elected to make payment as herein provided,
the arresting officer, using the uniform traffic citation, shall complete
the information section and prepare the voluntary assessment form
indicating the amount of the fine, have the arrested person sign the
voluntary assessment form, give a copy of the citation and form to
the arrested person and release him/her from custody. The arresting
officer shall also inform the arrested person that payment shall be
made to the Mayor's Court. No officer shall receive or accept custody
of a payment. If the person declines to accept the voluntary assessment,
the arresting officer shall follow the procedure for arrest.
J.
Payment of fine as complete satisfaction; repeat offenders.
(1)
Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided in Subsection J(2) of this section, but does not waive any administrative penalty in the nature of points which may be lawfully charged to the violator's driving record by the Department of Public Safety.
(2)
In the event that, following compliance with the payment
provisions of this section, it is determined that within the two-year
period immediately preceding the violation, the violator was convicted
of or made a payment pursuant to this article in satisfaction of a
violation of the same section of this title, personal appearance before
the Court to which the summons is returnable shall be required. Notice
of the time and place for the required court appearance shall be given
to the violator by the court to which the summons for the offense
would be returnable.
K.
Removal from applicability of article. If a payment
due pursuant to this article is not received by the Mayor's Court
to which the summons is returnable within 10 days from the date of
arrest (excluding Saturday and Sunday), the violator shall be prosecuted
for the offense charged on the voluntary assessment form in a manner
as if a voluntary assessment form had not been issued. Upon conviction
in such prosecution, the court shall impose penalties as provided
by law relating to motor vehicles for the particular violation charged,
and the provisions of this article as to payment of fines under voluntary
assessments shall not apply.
L.
Procedure.
(1)
The arresting officer shall deliver forthwith from
the time of arrest the voluntary assessment agreement and summons
to the Mayor's Court. The summons need not be sworn to at the time
of delivery to the court, provided that the charge recorded on the
summons may be dismissed by the court, upon a motion if said summons
is not sworn to by the arresting officer prior to trial.
(2)
If a payment due pursuant to this section is not received by the Mayor's Court to within 10 days from the date of arrest (excluding Saturdays and Sundays), the Mayor's Court, after entering pertinent information in a log maintained by the court, shall return all papers delivered to it pursuant to Subsection L(1) of this section to the arresting officer. It shall thereafter be the responsibility of the arresting officer to return the proper papers to the court, at which time he/she may swear out a warrant for the violator's arrest on the original charge. In addition, he/she may further swear out a warrant charging the violator with failure to answer summons in violation of § 225-6 of this article.
(3)
Should the court receive payment from the violator
after returning the papers to the arresting officer but before an
arrest is made on the warrant or warrants, the payment shall be accepted
by the court, which shall prepare a mail-in disposition slip consisting
of an original and two copies. The original shall remain with the
court. Both copies shall be forwarded to the arresting officer. The
warrant shall then be withdrawn and the warrant charging failure to
answer summons may also be withdrawn.
M.
Nonexclusive procedure. The procedure prescribed is
not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this title.
Whoever fails to answer any summons to appear
in the Mayor's Court to answer for any violation of the motor vehicle
laws of this city, after notice thereof served personally or securely
fastened to the motor vehicle of which such person is the owner or
operator, shall be fined, for the first offense, not less than $5
nor more than $25, or imprisoned not less than two nor more than 10
days, or both. For each subsequent offense he/she shall be fined not
less than $25 nor more than $50, or imprisoned not less than two nor
more than 15 days, or both.
The ordinance entitled "Comprehensive Traffic
Ordinance" and all other ordinances inconsistent herewith are hereby
repealed on the effected date of this article; except that with respect
to all violations of such ordinances prior to the effective date of
this article, the provisions of such ordinance shall remain applicable.
[Added 4-12-2011 by Ord. No. 481]
A.
DRIVER
OPERATION OF A PEDICAB
OWNER
PEDICAB
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person who drives a pedicab within the City of New Castle
(hereinafter the City).
Consists of transporting in such pedicab one or more persons
for hire. Being parked on City streets or accepting a passenger to
be transported for hire from a point of departure within the City
shall be deemed to be operation of a pedicab within the City. The
operation of a pedicab in any of the above-described manners by one
other than the owner shall be deemed operation by the owner thereof,
as well as by the person actually driving the same. The transportation
of any person other than the owner or driver in any motor vehicle
bearing a sign therein or thereon using the words "taxi," "taxicab,"
"cab," or "hack," shall be prima facie evidence of operation.
Any person, corporation or association in whose name title
to any pedicab or who appears in such records to be the conditional
vendee or lessee thereof, or the owner of any pedicab or any person
who appears to be conditional vendee or lessee thereof.
A bicycle-like vehicle that is designed to be propelled by
human power, has three or more wheels, and is designed to accommodate
passengers in addition to the driver, and is operated for hire.
For purposes of ownership, operation or lease of a pedicab,
as an individual (or two or more individuals related by blood, adoption
or familial ties), partnership, association, corporation and/or joint-stock
company, their lessees, trustees or receivers appointed by any court
whatsoever, or any entity in which an individual, corporation, or
partnership holds an interest of more than 51%.
B.
License required. No person shall operate any pedicab within the
City unless both the owner of the pedicab and driver thereof are licensed
pursuant to this section.
C.
Classes of licenses. There are hereby established the following classes
of pedicab licenses in the City as follows:
D.
Number of licenses to be issued.
(1)
Pedicab driver's licenses. The number of pedicab driver's
licenses under this section to be issued and outstanding in any one
year shall be unlimited.
(3)
Total number of pedicabs. The total number of pedicabs permitted
to be operated under a pedicab owner license issued pursuant to this
section in any one year shall not exceed five, all or part of which
shall be available to any person holding a pedicab owner's license.
E.
License expiration.
(1)
Driver's license. Any pedicab driver's license issued pursuant
to the terms of this section shall expire at 12:00 midnight on December
31 of the year in which it was issued and shall not be transferrable.
(2)
Owner's license. Any owner's pedicab license issued pursuant to the terms of this section shall expire at 12:00 midnight on December 31 of the year in which it was issued and may be transferrable to a related business entity, such as in the case of a change in the form of a business entity or the purchaser or sale of all or part of a business entity, provided that the new owner complies with Subsection F hereof, Applications for licenses, and Subsection G hereof, Fees.
F.
Applications for licenses.
(1)
Application form. Each applicant for the issuance or renewal of a
license of either an owner's or driver's license shall supply
in full the information required on application forms adopted by the
City Administrator and shall verify the correctness thereof of his/her
oath or affirmation. He/she shall file the completed application with
the City Administrator, together with the full amount of the proper
fee as set by the City Council. The application shall be signed and
sworn to by the applicant and shall contain, at a minimum, the following
information:
(a)
The name, address and telephone number of the applicant and,
if the applicant is a partnership, corporation, limited liability
company or other artificial entity, a certified copy of the certificate
of partnership, incorporation or formation as the case may be, the
names and addresses of all owners, partners, members, stockholders
and officers, and a certificate of good standing issued by the Delaware
Secretary of State, if applicable.
(b)
The name, home address, telephone number and date of birth of
each driver who will drive pedicabs for the applicant, and a copy
of each driver's valid Delaware motor vehicle driver's license.
(d)
One or more photographs of each pedicab to be used by the applicant
and a description of each such vehicle, including length, width, serial
number (if applicable) and passenger capacity.
(e)
A copy of the applicant's driving record obtained from
the Department of Motor Vehicles.
(f)
An authorization permitting the Police Department to conduct
a driving and criminal history record search.
(g)
Proof of a valid business license.
(h)
Two passport-type photographs of each applicant for a pedicab
driver's license.
(2)
Applications for pedicab owner's licenses.
(a)
Applications. Applications for new pedicab owner's licenses
shall be filed with the City Administrator no later than 30 days prior
to the date action is requested on the license application. If the
maximum number of pedicab owner's licenses have been issued,
no new licenses shall be approved before an existing license is surrendered
to the City Administrator.
(b)
Renewals. Applications for pedicab owner's license renewals
shall be filed with the City Administrator no sooner than November
1 and no later than December 1 of the year preceding the year for
which application is being made. All applications for renewals shall
be acted upon prior to any consideration being given to new applications
which shall be considered in the order of their filing with the City
Administrator on a first-come-first-served basis. Any application
for renewal received after December 1 of any year shall be treated
as an application for new license.
(3)
Pedicab insurance requirements. Each applicant for a pedicab owner's
license shall, together with his/her application, provide proof of
commercial general liability insurance, including personal injury
liability insurance specific to pedicabs for hire, in the amount of
$1,000,000 per occurrence and $2,000,000 aggregate. The City shall
be included as an additional insured on said insurance and shall be
provided with a minimum of 10 days' advance notice of any cancellation
or modification of such insurance policy. The owner shall also by
separate writing approved by the City Solicitor indemnify the City,
its officers, agents or employees, from any and all loss, costs, damages,
attorney's fees, expert witness fees and/or expenses suffered
by any person or to any property arising from the license owner's
negligence.
(4)
Applications for pedicab driver's licenses. Applications for
pedicab driver's licenses may be made at any time but no one
shall drive or operate a pedicab in the City until a proper license
for each particular year has been issued.
G.
H.
Regulations.
(1)
Display of license.
(a)
Display of driver's license. The license card issued to a pedicab driver upon granting of his/her license shall have affixed to it one of the two photographs required to be filed with the license application, as provided in Subsection F(4) hereof. Such license card shall at all times be prominently displayed and adequately protected in the interior of any pedicab operated by the licensee so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated on the rear seat of such pedicab. The license card shall at all times be and remain the property of the City and, on direction of the Mayor and Council, shall at once be surrendered to the City Administrator. No pedicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
(b)
Display of owner's license. A license card shall be issued
to a pedicab owner upon granting of his/her license. The pedicab owner
shall affix to each pedicab license to operate in the City an identification
badge, decal or other signage (identification) as issued by the City
and in such a manner as directed by the City. The license card and
identification shall at all times be and remain the property of the
City and on direction of the City Administrator shall at once be surrendered
to the City.
(2)
Rate and tariff listing. No pedicab shall hereafter be operated in
the City unless and until there is prominently displayed in the interior
thereof, within the full view and access of any passengers, a complete
list of fairs, charges or tariff rates charged for transportation
of passengers, which fares, charges of tariff rates so displayed,
and no other, shall be those to be charged any passenger.
(3)
Pedicab lettering/signage. Every licensed pedicab shall have the
words "taxi" or "pedicab" or the name of the operating owner containing
the words "taxi," "cab" or "pedicab" prominently displayed on the
pedicab.
(4)
Use of horns and other audible devices. No operator of any pedicab,
whether licensed or not by the City, shall use a horn, siren, whistle,
bell or other device capable or emitting audible sound in order to
pick up customers, or hawk, sell or otherwise advertise his/her services.
(5)
The City Administrator and the Police Department shall be authorized
to limit or restrict pedicab access to various public streets and
rights-of-way as they deem necessary and appropriate to provide for
the common safety, well being and convenience of the public at large.
Advance written notice shall be provided to all pedicab owner licensees
of any such limits or restrictions, whether temporary or permanent
in nature.
(6)
Regulations for pedicabs.
(a)
Driver's requirements.
[1]
No person shall operate any pedicab upon the street in the City
unless that person has a valid pedicab driver's license issued
pursuant to this section.
[2]
No person shall operate any pedicab upon the street in the City
unless that person has a valid license to operate a motor vehicle.
[3]
Pedicab operators must be 18 years of age or older.
[4]
No person shall be issued a pedicab driver's license under
this section if he/she has been convicted of a crime relating to theft,
robbery, assault, offensive touching, rape, sex offences involving
minors, deceptive business practices, kidnapping, or possession of
a controlled substance with intent to deliver.
(b)
Number of passengers. The number of passengers, excluding the
driver, shall be limited at any one time to a maximum of three passengers,
but in no event shall it exceed the designed capacity of the pedicab.
(c)
Equipment. No person shall operate a pedicab in the City unless
it is equipped with the following features:
[1]
Operational headlights and taillights (to be operated at all
times the pedicab is operated on the roadways).
[2]
Rear and side reflective devices.
[3]
An operational braking system.
[4]
Audible warning devices, such as a horn or a bell.
[5]
Rearview mirrors.
[6]
Tires having tread depth sufficient to be designated as operationally
safe.
[7]
Pedicabs shall be equipped with seat belts for all passengers
under age five and helmets for all passengers under age 14.
(d)
Inspections.
[1]
The pedicab shall be inspected by the Police Department prior
to the issuance of a permit to operate within the City. If the pedicab
is determined to be unsafe or not equipped properly, the owner and
City Administrator shall be notified. No permit shall be issued for
a pedicab that is found to be unsafe.
[2]
If at any time, after the issuance of a permit, a pedicab is
determined to be unsafe, it shall be taken out of service until such
a time that the Police Department has determined that it has been
repaired and is sufficiently safe to be returned to full service.
(e)
Compliance with other laws. All pedicab drivers and owners shall
at all times comply with the Title 21, Chapter 41 of the Delaware
Code, Rules of the Road, as same may be amended from time to time,
the terms of which are incorporated herein by reference.
I.
Denial, revocation or suspension of licenses.
(1)
License of either class. Any license of either class, being an owner's
or driver's license, or renewal thereof may be denied, revoked
or suspended if:
(a)
Any applicant or licensee has any judgment unsatisfied of record
against him or her arising out of an automobile accident in any place,
or arising out of the operation of a pedicab in the City or any other
place.
(b)
Any applicant or licensee failed or fails to render reasonably
prompt, safe and adequate pedicab service.
(c)
Any applicant or licensee violates any other provision of Chapter 225 of the Code of the City of New Castle.
(d)
Any other act or omission of the license holder demonstrates
the licensee's inability to safely and properly conduct the licensed
activity.
(2)
Pedicab driver's license. Any pedicab driver's license may be denied, revoked or suspended, in addition to the causes listed in Subsection I(1) hereof for any of the following reasons:
(a)
If the licensee or applicant has in any degree contributed to
any injury to person or damage to property arising out of negligent
operation of a motor vehicle or a pedicab.
(3)
Pedicab owner's license. An owner's license may be denied, revoked or suspended, in addition to the causes listed in § 225-9H for any of the following reasons:
(4)
Following written notice of denial, revocation or suspension of a
license issued hereunder and upon the applicant's written request
made within 20 days of such notice, an appellate hearing shall be
conducted by the City Council, at which the applicant may provide
evidence that he or she should be issued a license or that an existing
license should not be revoked or suspended.
J.
Enforcement; violations and penalties.
(1)
Enforcement. The provisions of this article shall be enforced by
the Police Department.
(2)
Violations and penalties.
(a)
Except as otherwise provided herein, any person violating any
provisions of this section shall, upon conviction thereof, be subject
to a fine of $100, plus costs; however, should the complaint be marked
to require a court appearance, the court, upon conviction thereof,
shall impose a fine of at least $300, plus costs.
(b)
Any person violating the provisions of this section requiring
an owner's or driver's license shall, upon conviction thereof,
be subject to a fine of:
[1]
Three hundred dollars, plus costs, for a first offense.
[2]
Six hundred dollars, plus costs, for a second offense.
[3]
Third and subsequent offenses shall require a court appearance
and shall be subject to a fine of at least $1,200, plus costs.
[4]
For the purposes of this subsection, a person who has been convicted
of a previous violation need not be charged as a second, third or
subsequent offender in the complaint made against him in order to
render him liable to the penalties imposed by this section on a second,
third or subsequent offender, but if the second offense occurs more
than two years after the previous offense, the court shall treat the
second conviction as a first offense for sentencing purposes, and
if a third offense occurs more than two years after the second offense,
the court shall treat the third conviction as a second offense for
sentencing purposes, and if an offense subsequent to the third offense
occurs more than two years after the third offense, the court shall
treat the offense subsequent to the third offense as a third offense
for sentencing purposes and so on for additional subsequent offenses.
