[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 10-8-1994 by Ord. No. 45-94. Amendments noted where
applicable.]
This chapter is authorized by § C-4B
of the Town Charter.
[Amended 7-12-1996 by Ord. No. 58-96]
Vehicles assigned residential or handicapped parking permits
may park, where permitted by signage, on the west side of Ocean Drive
with parked vehicles heading south. Vehicles with residential permits
may also park where designated by signage, on public streets east
of Highway Route 1 and perpendicular to Ocean Drive and on public
streets west of Highway Route 1 only where designated by signage.
[Amended 5-12-2006 by Ord. No. 135-06; 3-13-2020 by Ord. No. 197-20]
All parking within Town rights-of-way shall
be parallel to and in the same direction as the flow of traffic with
the right-hand wheels as far to the right as is practical so as not
to obstruct traffic. On one-way streets where parking is permitted
on the left side of the street, the left-hand wheels should be as
far to the left as practical so as not to obstruct traffic.
[Amended 5-12-2006 by Ord. No. 135-06]
A.
Unlicensed, inoperable, disabled, derelict or abandoned
vehicles or any part thereof shall not be permitted to be parked or
maintained on any street. Trailers, campers, recreational vehicles,
motor homes or boats may not park on the street rights-of-way within
the corporate limits of the Town for more than 24 hours, except by
special permit, for good cause as determined by the South Bethany
Police Department; provided, however, that in no event may such vehicle
be parked at such locations for more than 72 hours, and provided further
that nothing in this subsection shall be interpreted so as to prohibit
or restrict the mooring of boats. Vehicles in violation of this section
shall be towed at owners' expense.
B.
No parking or blocking shall be permitted in appropriately
marked driveways, designated handicapped zones, designated lifeguard
spaces, within 15 feet of any fire hydrant, where parking has been
prohibited by the State of Delaware on Route 1, or on any Town street
designated as NO PARKING and so posted with signs.
C.
No fifth-wheel tractors or tractor-trailers or other
commercial vehicles in excess of 30 feet shall be parked on any public
right-of-way except by special permit or for loading or unloading.
D.
Bicycle
parking.
[Added 3-12-2021 by Ord. No. 202-21]
(1)
Bicycles
parked in the Town's public rights-of-way shall be parked in Town-provided
bike racks only. Any bicycles parked within the Town in the public
rights-of-way outside of those bike racks are subject to removal.
(2)
Any
bicycles parked within a right-of-way that are secured to a street
sign, light post, utility pole, fence or other support (other than
a Town bike rack) by use of a bike chain and lock device are subject
to removal. The Town assumes no responsibility for any damage inflicted
to the bicycle, chain or locking device caused by the removal process.
(3)
Bicycles
that are found to be parked on private property, without the private
property owner's consent, may be removed by the police if the property
owner completes and submits a removal request document. Removal request
documents can be obtained at the South Bethany Police Department.
Bicycles parked on private property, with the property owner's permission,
are not subject to removal.
(4)
Any
bicycles removed by the police will be secured at the South Bethany
Police Department and may be recovered by the owner by calling the
Police Department and arranging for a pickup time.
(5)
Any
bicycle left in the same Town-provided bike rack continuously, without
being moved for more than 30 days, will be considered as abandoned
and is subject to removal.
(6)
Any
bicycle removed and secured by the police that remains unclaimed by
the owner for more than 30 days from the date of removal will be considered
by the Town to be abandoned and may be disposed of in any manner convenient
to the Town. For bicycles removed by the police that carry identification
of their being a rental, the police will attempt to notify the rental
company and provide an opportunity for them to claim their property.
(7)
Bicycle
parking may be prohibited within various rights-of-way within the
Town in order to ensure adequate vehicular access for emergency responders.
(8)
The
Town will place applicable signage in areas where bicycle parking
is prohibited, and where it is permitted, to provide suitable notification
to the public.
[Added 5-14-2004 by Ord. No. 125-04[1]]
A.
With the exception of a "vehicle being used by a person
with a disability" as defined in 21 Del. C. §§ 4183,
2134, and 2135, it is unlawful to park on public or private property
any vehicle in any area under the control of the municipality or under
the control of an owner or lessee of private property that is designated
and conspicuously marked as a parking space or zone for persons with
disabilities which limit or impair the ability to walk.
B.
Parking spaces or zones for use by persons with disabilities
which limit or impair the ability to walk shall be provided in accordance
with the International Building Code as amended and adopted by the
Town Council.
C.
For purposes of this section, "conspicuously marked"
means that a vertical sign has been placed at an approximate height
of at least Five feet but no more than seven feet when measured from
the surface directly below the sign to the top of the sign for each
parking space or zone. The sign shall comply with federal specifications
for the identification of a parking zone or space for persons with
disabilities, which limit or impair the ability to walk. A sign at
least 12 inches wide (horizontal) by 18 inches tall (vertical) that
includes the internationally recognized wheelchair symbol of access
shall be required for each parking space or zone for persons with
disabilities which limit or impair the ability to walk. These requirements
may not be construed to preclude additional markings, such as the
international wheelchair symbol or a striped extension area painted
on the space or zone, or a tow-away warning sign.
D.
Any officer authorized to issue a parking summons
and citation shall issue a written notice of violation and corrective
order to an individual of record or artificial entity of record of
private property that is generally accessible to the public who has
failed to erect and maintain signage pursuant to this section. Such
corrective order shall afford the individual of record or artificial
entity of record found in violation of this section with at least
10 calendar days and not more than 30 calendar days to achieve compliance
with this section. If, after 30 days from the date that the written
notice of violation and corrective order is issued, the individual
of record or artificial entity of record has not erected and/or maintained
the required signage, the officer may issue a summons (with associated
penalties and fines) or apply for a warrant in the name of the offending
individual or artificial entity.
E.
Upon the discovery on private property of a vehicle,
other than "a vehicle being used by a person with a disability" as
defined in 21 Del. C. § 4183, in a designated parking space
or zone for persons with disabilities, the owner or lessee of the
private property may cause the illegally parked vehicle to be removed
to a private storage area maintained for the safe storage of vehicles.
Any costs of removal and storage shall be borne by the owner or operator
of the vehicle.
F.
Upon the discovery of a vehicle illegally parked in
a designated parking space or zone for persons with disabilities that
is under the control of the municipality or private property that
is generally accessible to the public, any officer authorized to issue
a parking summons and citation may cause the illegally parked vehicle
to be removed to a private storage area maintained for the safe storage
of vehicles. Any costs of removal and storage shall be borne by the
owner or operator of the vehicle. In the alternative, any officer
authorized to issue a parking summons and citation may cause a uniform
parking summons to be attached to an unattended vehicle found in violation
of this section. It is prima facie evidence that the individual or
artificial entity in whose name the unattended vehicle is registered
is responsible for the violation.
G.
An individual or artificial entity who or which violates
any provision of this section shall receive a mandatory fine of $200
for a first offense, and for a subsequent like offense, a mandatory
fine of $500 or a term of imprisonment of not less than 10 nor more
than 30 days, or both. Any officer authorized to issue a parking summons
and citation may cause the illegally parked vehicle to be removed
to a private storage area maintained for the safe storage of vehicles
at the cost of the owner or operator of the vehicle.
[Amended 3-13-2020 by Ord. No. 197-20]
[Amended 5-12-2006 by Ord. No. 135-06]
For the purposes of this section, "residential dwelling" shall have the following definition: A dwelling designed to serve as a single-family dwelling (as defined in § 145-3, "single-family dwelling") and constructed to provide complete housekeeping facilities. Accessory buildings such as garages or storage sheds, whether on their own lot or on the same lot as the residential dwellings, are not considered residential dwellings.
A.
On streets where posted, any motorized conveyance
parked on any public right-of-way between the hours of 10:00 a.m.
and 5:00 p.m. and 12:00 midnight to 6:00 a.m., from May 15 through
September 15, require a parking permit. Parking permits will be required
for special events and may be obtained at the Town office.
[Amended 3-13-2020 by Ord. No. 197-20]
B.
The
Town will issue resident parking permits for a fee.
[Amended 3-8-2019 by Ord.
No. 194-19; 11-9-2023 by Ord. No. 211-23]
(1)
Each residential dwelling shall be entitled to two resident parking
permits, but no more than two permits shall be issued per dwelling
unit regardless of the number of dwelling owners.
(2)
Owners of one or more residential lots unimproved by a residential dwelling may jointly purchase a maximum of two resident permits (regardless of the number of lots owned), provided that: such owner(s) are not entitled to parking permits under § 94-6B(1) nor have they been previously issued any parking permits under § 94-6B(2). Any permits issued under § 94-6B(2) shall be deemed to have been issued jointly to all of the record owners of the lot for which the permit(s) are issued.
C.
One-day parking permits may be purchased by anyone and may be used
where designated visitor parking is located west of Coastal Highway
Route 1.
[Added 3-8-2019 by Ord.
No. 194-19[1]; amended 3-13-2020 by Ord. No. 197-20; 11-9-2023 by Ord. No. 211-23]
D.
All parking permits must be placed, hung, or affixed
to all motorized conveyances in such a manner as to be clearly visible
for inspection.
E.
Authorized contractors, subcontractors, and their
employees may obtain a maximum of two parking permits without charge
for use at building or service sites only during normal working hours.
Contractors and subcontractors must have a valid South Bethany mercantile
license before permit(s) will be issued.
[Amended 11-9-2023 by Ord. No. 211-23]
[Amended 5-12-2006 by Ord. No. 135-06]
A.
Resident
parking permits may be purchased at the Town Office during office
hours or online through the South Bethany website. Visitor permits
may be purchased at the kiosk located at Town Hall.
[1]
Editor's Note: This ordinance also repealed former Subsection
C, regarding one-day parking permits, and redesignated former Subsection
D as Subsection C.
B.
One replacement parking permit may be purchased if
the original permit(s) were lost, stolen, or destroyed.
[Amended 11-9-2023 by Ord. No. 211-23]
C.
All parking permit fees shall be set periodically
by resolution of the Town Council. The Schedule of Fees is available
in the Town Office.
[Amended 11-9-2023 by Ord. No. 211-23]
[Added 7-13-2001 by Ord. No. 102-01[1]]
A.
The Town shall have the right to deny parking permits
to any property owner who has not completed the Application for Rental
License or Nonrental Declaration Form for each calendar year the form
is not returned.
B.
Anyone having a delinquent tax or other financial
obligation due the Town shall be denied parking permits until the
obligation is satisfied.
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2002.
[Amended 5-9-1997 by Ord. No. 65-97; 5-12-2006 by Ord. No.
135-06]
A.
Any person violating the provisions of this chapter shall be subject to a fine of not less than $50 nor more than $1,000, except as specified in § 94-5G, and the costs of towing away the violating vehicle.
[Amended 3-13-2020 by Ord. No. 197-20; 10-14-2022 by Ord. No. 209-22]
B.
Fines imposed for violation of any provisions of this
chapter must be paid within 14 days of the date of notice of the violation
at the Town Office. Failure to pay such fine within 14 days shall
result in the fine being doubled.
