A.
No vehicle of any type or description shall be operated,
maintained or parked on the Boardwalk of the City at any time or for
any purpose, except as authorized by written permit issued by the
City Manager in accordance with this article.
B.
Motorized wheelchairs —any self-propelled vehicle
which is incapable of a speed in excess of eight miles per hour and
which is designed for, and used by, a handicapped person — are
permitted to be operated on the Boardwalk.
C.
Bicycles, tricycles and any other vehicle propelled
only by human power may be operated or maintained on the Boardwalk
at any time during the calendar year, except from and including May
15 to and including September 15, when riding such vehicles shall
be allowed on the boardwalk during the morning daylight hours from
daybreak to the time of 10:00 a.m.
D.
In cases of emergency or upon certification from a
doctor authorized to practice medicine in this state that, for medical
reasons, it is desirable or necessary, or both, for a person to operate
a bicycle, a tricycle or other vehicle propelled only by human power
on the Boardwalk, the City Manager may grant permission and extend
the hours during which a bicycle, a tricycle or other vehicle propelled
only by human power may be operated on the boardwalk. The City Manager
shall impose such other conditions as necessary to protect the public
safety.
Vehicles necessary for those doing work within
or on buildings fronting on the boardwalk may be issued a permit by
the City Manager. A permit may contain any conditions the City Manager
deems appropriate.
The applicant shall submit a written application
containing the following information:
A.
Owner of the vehicle and the owner's address.
B.
A description of the vehicle, including the loaded
weight of the vehicle.
C.
The property where the work will take place.
D.
The reason why it is necessary to operate, maintain
or park the vehicle on the Boardwalk.
E.
The date(s) and time(s) that the applicant wishes
to operate, maintain or park the vehicle on the Boardwalk.
F.
Proof of insurance.
G.
A signed statement that the applicant acknowledges
that he will be financially responsible for repairing any damage to
the Boardwalk caused by operating, maintaining or parking the vehicle
on the Boardwalk.
H.
Any other information required by the City Manager.
A permit shall be issued for a limited period
of time and shall be related to a specific project. No permit shall
be issued for a repetitive activity such as delivery of merchandise.
A.
The City Manager shall not issue a vehicle boardwalk
permit unless he has made the following determinations:
(1)
The applicant has reasonably represented the request.
(2)
The vehicle does not exceed the load rating established
by the City Engineer for the area of the Boardwalk where the vehicle
will be operated, maintained or parked.
(3)
The request will not unreasonably interfere with pedestrian
movement.
(4)
The applicant has a reasonable need to operate, maintain
or park the vehicle on the Boardwalk and that alternatives to operating,
maintaining or parking the vehicle on the Boardwalk are impractical.
B.
The City Manager may attach any conditions to the
permit he deems necessary, including but not limited to time-of-day
restrictions, date restrictions, barricading requirements, access
point and mitigation measures to be taken by the applicant.
The fee for a vehicle boardwalk permit shall
be $25.
No person shall make any false statement in
an attempt to obtain a permit to operate, maintain or park a vehicle
on the Boardwalk.
No person shall fail to comply with any condition
contained in a permit to operate, maintain or park a motor vehicle
on the Boardwalk.
Any person who operates, maintains or parks
a motor vehicle on the Boardwalk, with or without a permit, that causes
damage to the Boardwalk shall be financially responsible for repairing
such damage.
The following are exempt from this article:
A.
Vehicles owned by the City of Rehoboth Beach.
B.
Vehicles of any emergency service, including but not
limited to police, fire and EMS when operated in response to an emergency
situation.
C.
Vehicles of a public utility, when servicing equipment
on the Boardwalk, that have been previously approved by the City Manager.
D.
Vehicles of the State of Delaware or the United States
of America.
Any permit issued pursuant to this Article shall
be subject to suspension or revocation by the City Manager by reason
of violation of any provision of this article.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined for the first offense not less than $100 or
more than $200, and for a second or subsequent offense shall be fined
not less than $200 and shall pay the costs of prosecution.
