[HISTORY: Adopted by the Town Council of the Town of Millsboro 7-6-1998; amended in its entirety 12-6-2021. Subsequent amendments noted where applicable.]
The purpose of this chapter is to eliminate conditions that are detrimental to the public good, to eliminate a public nuisance and to protect the public health, safety and general welfare of all residents and business owners in the Town of Millsboro.
As used in this chapter, the following terms shall have the meanings indicated:
BOAT TRAILER
Includes a vehicle without automotive power designed to transport a boat or other property wholly on its structure and to be drawn by a motor vehicle.
CAMP or SETTING UP CAMPSITE
At any time, to establish or maintain outdoors or in, on or under any vehicle or structure not intended for human habitation, a temporary or permanent place for cooking or sleeping, by setting up any bedding, including, but not limited to, a sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment with the intent to use that location for habitation.
CAMP FACILITIES
Structures, equipment or vehicles used for camping, including, but not limited to, tents, huts, temporary shelters, trailers or vehicles, if the vehicle is being used for habitation.
CAMP PARAPHERNALIA
Implements and equipment used while camping, including, but not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, operational cooking facilities, and similar equipment.
CAMPSITE
Includes any location used for the purpose of camping.
COMMERCIAL VEHICLE
Includes any vehicle or a type designed, used or maintained for the transportation of persons for hire, compensation or profit or transportation or property for hire, compensation or project, except taxicabs.
HABITATION
The intentional use of a space as temporary or permanent living quarters.
RECREATION VEHICLE
Includes any motor vehicle used for temporary human living quarters, not the permanent resident of the owner or occupant, and used for recreational or vacation activities, including but not limited to motor homes, self-propelled campers and other motor vehicles with permanently attached camper components and vans which are used for personal pleasure and not to commercial use, regardless of the equipment or furnishings contained within such van, mobile home, camping trailer, pop-up camping trailer, pickup coach or any other motor vehicle designed for or utilized as a temporary or vacation residence.
STORE
To put aside or accumulate for use when needed, to put for safekeeping or to place or leave in a location.
TRAILER
Includes a mobile home, travel trailer, house trailer, office trailer, camping trailer or any other vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
A. 
No person shall camp anywhere in the Town of Millsboro, whether on public or private property, except as hereinafter expressly permitted in this chapter.
B. 
Camping, whether or not otherwise permitted under this chapter, shall not be permitted to be conducted in such a manner as to create noise, inadequate sanitation, or in any manner that poses a danger to the health, safety and general welfare or public or private property; nor where the activity would be prohibited under any other provision in this Code.
Camping is permitted in the Town of Millsboro only under the following circumstances:
A. 
On public property specifically set aside and clearly marked for public camping purposes.
B. 
In conjunction with events authorized and expressly provided for in a special event permit issued by the Town of Millsboro. To ensure fair and consistent application of this section, the Town Manager or designee may promulgate guidelines defining the criteria for permit issuance contained in this section.
C. 
In a recreation vehicle, travel trailer or camping trailer designed and equipped for habitation while on designated areas on public or private property in conjunction with community or sporting events in which one or more occupants is a participant in or organizer of the event. Camping in connection with a community or sporting event shall not exceed three consecutive nights and only in areas approved by the Town Manager or designee. The Town Manager may promulgate guidelines for designated parking areas for such events.
D. 
In the rear or side yard of a residence with the consent of the owner or occupant of the residence. Camping in the rear or side yard is only permitted if the campsite is separated from the street by a fence, hedge, or other permanent obstruction. Camping shall be limited to no more than three days.
E. 
Overnight camping in connection with Town- or government-sponsored programs.
It shall be unlawful for any person to store or leave unattended camp facilities or camp paraphernalia on public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter.
Any campsite established in the Town in violation of this chapter is declared to be a public nuisance and the Town Manager or designee is authorized to abate the nuisance and remove camp facilities and camp paraphernalia as authorized by law.
A. 
Except as otherwise permitted in § 189-7B below, it shall be unlawful for any person to park, stand or store or permit to be parking or stored any boat trailer, commercial vehicle, recreational vehicle or trailer on any street in any district in the Town, unless actual loading or unloading of such motor vehicle is being performed.
B. 
The provisions in § 189-7A above shall not be applicable to motor vehicles of contractors working in the area whose vehicles are less than 17 feet in total length, noncommercial passenger vans, passenger vans and passenger pickup trucks less than 17 feet in total length, including any attachments, emergency vehicles, vehicles of the Town of Millsboro while on official business and motor vehicles of governmental agencies while on official business.
Any person who shall violate or fail to conform to any of the provisions of this chapter shall be subject to monetary penalties under this section, in such amount per violation as shall be set annually by resolution of the Town Council, as well as the Town's costs and expenses, including reasonable attorneys' fees, incurred to enforce the provisions of this chapter and/ or to collect the penalties or any other fees, costs or expenses imposed hereunder. Penalties assessed for a violation of this chapter shall be considered civil penalties and any action brought for the recovery of the penalties by the Town shall be brought in any civil court of competent jurisdiction.
Notwithstanding any other provision concerning a penalty, any police officer of the Town, while in performance of his or her duty, may remove or cause to be removed, at the expense of the owner or operator of any such motor vehicle, any motor vehicle, for which this chapter is applicable, parked or left standing in violation of the provisions of this chapter when the owner or operator is unable, unwilling or unavailable to move such motor vehicle immediately. If any motor vehicle is removed pursuant to this provisions of this section, the owner or operator thereof shall pay the civil penalty imposed by the provisions of § 189-8, the cost of removal, a reasonable charge for storage (as established by the storage facility), and any other cost and expenses authorized by § 189-8. In addition, said owner or operator shall sign a receipt for such motor vehicle prior to its being released to him or her by the storage facility.