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.
(1) Section 4102, Required obedience to traffic laws.
(2) Section 4103, Obedience to authorized persons directing
traffic.
(3) Section 4104, Persons riding animals or driving animal-drawn
vehicles.
(4) Section 4105, Persons and vehicles working on highways
and utilities; exceptions.
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.
I. Reckless and careless driving.
(1) Section 4175, Reckless driving.
(2) Section 4176, Careless or inattentive driving.
J. Stopping, standing and parking.
(1) Section 4178, Stopping, standing or parking - Generally.
(2) Section 4179, Same - penalty.
(3) Section 4180, Additional parking regulations; penalty.
(4) Section 4181, Summons for unattended vehicle; owner
prima facie liable.
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) 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.
M. Safety zones; passengers in vehicles.
(1) Section 4199, Driving through safety zone prohibited.
(2) Section 4199A, Riding without owner's consent; protrusion
beyond limits of vehicle.
(3) Section 4199B, Riding in house trailers.
(4) Section 4199C, Child restraint in motor vehicles.
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.
(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.
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.
All resolutions adopted by Council pursuant
to Ordinance No. 189 relating to stopping, standing, parking and no-passing zones including penalties are hereby readopted upon passage of this chapter and shall not be deemed repealed pursuant to §
225-8 of this article.
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. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DRIVER
Any person who drives a pedicab within the City of New Castle
(hereinafter the City).
OPERATION OF A PEDICAB
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.
OWNER
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.
PEDICAB
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.
PERSON
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:
(1) Pedicab driver's license. This license shall entitle the person
named therein to operate within this City any pedicab duly licensed
hereunder.
(2) Pedicab owner's license. This license shall entitle the pedicab
therein described to be operated in this City by a driver duly licensed
hereunder.
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.
(2) Pedicab owner's licenses. The number of pedicab owner's licenses
under this section to be issued and outstanding in any one year shall
not exceed the following:
(a)
Pedicab owner licenses: four.
(b)
No person shall hold or control more than one pedicab owner
license.
(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.
(c)
Proof of insurance and the executed indemnity agreement as set forth in §
225-9F(3) below.
(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. Fees.
(1) Fees set by resolution. The annual fee for each year for which a
license is issued or renewed shall be set from time to time by resolution
of the New Castle City Council.
(2) Prorating and/or refunds. No fees shall be prorated nor any part
thereof refunded for any reason.
(3) The annual fee shall be paid at the time of application for a license under this §
225-9.
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.
[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:
(a)
If the motor vehicle or pedicab licensed or to be licensed,
by reason of unsafe or unsanitary conditions, is dangerous to the
safety or health of the occupants or others.
(b)
If the policy of insurance required by §
225-9F(3) herein has lapsed or such coverage is not maintained at all times.
(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.