Town of Elsmere Code - Vehicles and Traffic

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere: Art. I, 3-2-1983 as Ord. No. 181; Art. II, 8-13-1981 as Ord. No. 163. Amendments noted where applicable.]

All traffic regulations and offenses, as now or hereafter set forth in the Motor Vehicle Laws of the State of Delaware, are hereby adopted as the laws pertaining to the operation of motor vehicles within the limits of the Town of Elsmere, excluding Subchapter X of Chapter 41 and Chapters 44, 68 and 70 of Title 21 of the Delaware Code.

A. No person shall stop, park or leave standing any vehicle whether attended or unattended upon any highway or roadway outside of a business or residence district except when necessary to avoid conflict with other traffic or where it is necessary for public utility vehicles to temporarily stop along the highway or roadway to make alterations in or repairs to utility facilities so long as proper traffic control devices are posted or where it is in compliance with the directions of a police officer or traffic control device.

B. Whenever any officer authorized to make arrests under this Article finds a vehicle standing upon the highway or roadway in violation of provisions of Subsection A of this section, he may move such vehicle or require the driver or other person in charge of the vehicle to move same to a position off the highway.

C. Any officer authorized to make arrests under this Article is hereby authorized to remove or cause to be removed any unattended vehicle illegally left standing upon any highway, roadway, bridge causeway in any tunnel in such a position or under such circumstances as to obstruct the normal movement of traffic.

D. Subsections A and B of this section shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position, including emergency vehicles.

A. [Amended 3-9-1995 by Ord. No. 320] No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places and shall be subject to the following fines:

(2) In front of or within five (5) feet of a public or private driveway entrance of a private or public garage, place or building to which vehicular access is necessary: nineteen dollars and fifty cents ($19.50).

(4) Within fifteen (15) feet of a fire hydrant: nineteen dollars and fifty cents ($19.50).

(6) Within twenty (20) feet of a crosswalk: nineteen dollars and fifty cents ($19.50).

(7) Park within fifteen (15) feet of a courtesy mailbox: nineteen dollars and fifty cents ($19.50).

(8) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal: nineteen dollars and fifty cents ($19.50).

(9) Between a safety zone or island and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone or island, unless the State Highway Department or Council of the Town of Elsmere indicates a different length by traffic control devices: nineteen dollars and fifty cents ($19.50).

(10) Within fifty (50) feet of the nearest rail or railroad crossing, unless the State Highway Department or the Council of the Town of Elsmere indicates a different length by signs or markings: nineteen dollars and fifty cents ($19.50).

(11) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly designated by traffic control devices: nineteen dollars and fifty cents ($19.50).

(12) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic: nineteen dollars and fifty cents ($19.50).

(13) Upon the roadway of any highway when it is practical to stop, stand or park off the roadway: nineteen dollars and fifty cents ($19.50).

(14) On the roadway side of any vehicle stopped or parked on the shoulder or at the edge or curb of a highway or roadway (double parking): nineteen dollars and fifty cents ($19.50).

(15) Upon any bridge or other elevated structure upon a highway, roadway or within a highway tunnel: nineteen dollars and fifty cents ($19.50).

(16) At any place where such parking, standing or stopping obstructs the free passage of other traffic: nineteen dollars and fifty cents ($19.50).

(17) At any place where official traffic control devices prohibit or restrict stopping, standing or parking: nineteen dollars and fifty cents ($19.50).

(18) Wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder: nineteen dollars and fifty cents ($19.50).

(19) In the area between roadways of a divided highway, including crossovers: nineteen dollars and fifty cents ($19.50).

(20) Making other than emergency repairs to a motor vehicle on a roadway: nineteen dollars and fifty cents ($19.50).

(21) Parking in an area so designated by appropriate traffic control devices as a bus stop: nineteen dollars and fifty cents ($19.50).

(22) Parking in an area so designated by appropriate traffic control devices as a tow-away zone: fifty dollars ($50.).[1]

(23) Stopping, standing or parking in a properly designated fire zone as defined in ~ 215-13: one hundred fifteen dollars ($115.).

(24) On a grass area in front of any residence or apartment building that has not been specifically designed as a parking area: nineteen dollars and fifty cents ($19.50).

B. Subsection A of this section shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position, including emergency vehicles.

A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right-hand curb or outside edge of the shoulder.

B. Every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or outside edge of the shoulder or its left wheels within twelve (12) inches of the left hand curb or outside edge of the shoulder.

C. The Council of the Town of Elsmere may, by resolution, following a traffic survey by the Elsmere Public Safety Department, permit angle parking on any highway or roadway within its jurisdiction; provided, however, that the highway or roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway.

D. Angle parking shall not be permitted on a federal-aid or state highway unless the State Department of Transportation has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway.

E. The Council of the Town of Elsmere may, by resolution, following a traffic survey by the Elsmere Public Safety Department, place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway or roadway where, in its opinion, such stopping, standing or parking is dangerous to those using the highways, or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such prohibitions or restrictions may be declared to be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ.

F. No person shall park a vehicle in any area conspicuously marked as a loading zone.

G. Whenever a handicapped person, or a person on behalf of a handicapped person, operates a vehicle for which a special plate has been issued pursuant to Title 21, ~ 2134 of the Delaware Motor Vehicle Code, that person shall be permitted to park ninety (90) minutes longer than the legal parking period permitted by ordinance or resolution without penalty, unless the vehicle is parked in a fire lane or in an area prohibiting parking in order to accommodate heavy traffic during morning, afternoon or evening hours or so as clearly to be a traffic hazard.

H. It shall be unlawful to park any vehicle other than a vehicle of the handicapped designated as a handicapped parking zone and conspicuously marked as such.

I. Whoever violates this section with the exception of Subsection H shall be fined nineteen dollars and fifty cents ($19.50); anyone violating Subsection H of this section shall be fined seventy-five dollars ($75.). [Amended 3-9-1995 by Ord. No. 320]

A. A summons in appropriate form may be attached to an unattended vehicle found in violation of any of the provisions of this Article by any police officer authorized to arrest for violations of this Article, in lieu of arrest of the operator of such vehicle.

B. If any vehicle found by such police officer to be in violation of any of the provisions of this Article is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.

C. It shall be permissible for an owner or operator to mail such summons and the appropriate fine directly to the Town of Elsmere instead of appearing before a court for trial of the charge. [Amended 3-9-1995 by Ord. No. 320]

D. Court costs shall not be assessed if a fine is paid pursuant to this section. The town shall mail a receipt indicating the payment of a fine pursuant to this section if the person paying such fine makes a written request for a receipt and encloses a self-addressed envelope with proper postage affixed therein. [Amended 3-9-1995 by Ord. No. 320]

A. Whoever fails to answer any summons issued in accordance with the provisions of this Article, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, shall be subject to arrest. Such violator shall be fined for the first offense fifteen dollars ($15.), including court costs, and a sum of money equal in amount to the fine which was imposed for the original offense charged.

B. Whenever a vehicle is found that has accumulated ten (10) unpaid parking summonses or which has accumulated unpaid parking violations fines which total two hundred dollars ($200.) or more, said motor vehicle may be towed and impounded until such time as all fines are paid or property disposed of. The owner of any vehicle which is towed and impounded in accordance with this section shall be liable for all costs associated with such towing and storage. [Added 3-9-1995 by Ord. No. 320]

A. Whenever any vehicle of any kind or character shall be found on any street, highway, alley or roadway within the town, wrecked, abandoned or parked in violation of any law of the state or the provisions of this Article or other ordinance of the town or any resolution of the Council of the Town of Elsmere now or hereinafter in force or shall be seized for any violation thereof, such vehicle shall be removed by authority of the Elsmere Public Safety Department to an official pound; provided that if the owner or person for the time being in charge thereof is present and shall express a willingness and intention to immediately remove such vehicle before it is actually being towed, the vehicle shall be released to the owner or person in charge who shall be required to pay as called for in this Article.

B. The provisions of this Article shall apply to those streets, highways, alleys or roadways on which there have been posted official "No Parking -- Tow Away" or "No Stopping -- Tow Away" or like signs or as to those portions of streets and highways officially designated as bus stops, tow-away zones, fire lanes or to vehicles double parked.[2]

A. The Chief of Police is hereby empowered, authorized and directed to arrange with the owners or operators of garages or parking areas for their use as an official pound in which vehicles impounded, as provided by this Article, shall store, for which the owners or operators shall enter into an agreement with the town on the amount of fees to be received by the owner or operator for the storage of the impounded vehicles, and the furnishing of a bond and insurance, the amount of each to be approved by the Town Solicitor, to protect the town from all claims for damages, injuries or bodily harm resulting from the impounding or storage of the vehicles.

B. The Chief of Police is hereby directed, authorized and empowered to arrange with the owners or operators of vehicle towing services for removing vehicles under the authority of the Public Safety Department of the authorized pounds with tow trucks so as to cause no damage to the vehicles being towed, for which the owners or operators shall enter into an agreement with the town on the amount of fees to be received by the owner or operator for this service and the furnishing of a bond and insurance, the amount for each to be approved by the Town Solicitor, to protect the town from all claims for damages or injuries resulting from the towing service.

~ 215-9. Removal of vehicles; towing notice; issuing summons; fines. [Amended 3-9-1995 by Ord. No. 320]

A. Police officers of the Elsmere Public Safety Department and all sworn Code Enforcement Officials of the Town of Elsmere shall be the only persons authorized to direct the removal of any vehicle pursuant to the provisions of this Article.

B. Any vehicle parked in violation of a tow-away area, so designated and marked conspicuously, or in violation of the provisions of ~ 215-7B may be removed immediately by a police officer or sworn Code Enforcement Official of the Town of Elsmere.[3]

C. Such police officer or Code Enforcement Official authorized to remove vehicle pursuant to provisions of this Article shall be present at the time of removal and shall securely affix a towing notice form in a prominent place on such vehicle, such form to bear the license number and state of registration of the vehicle, the date, time, place and nature of the violation and the name and identifying badge number of the person directing the removal of the vehicle.

D. Whenever any vehicle may be subject to being towed away and/or impounded under the provisions of this Article, the persons authorized to so tow and/or impound such vehicle shall be authorized to affix to such a vehicle a violation summons. Any owner or agent receiving a summons as provided in this subsection shall be subject to a fine of twenty dollars ($20.). This fine shall not relieve the owner or agent from liability for any fine or penalty that may be imposed for violations for which the vehicle was towed away and/or impounded.[4]

The person directing the removal of any vehicle under the provisions of this Article shall as soon as possible thereafter make a report thereof to the Public Safety Department, giving the registration number, year and name of state on the license plate thereof, together with the location of the point to which the vehicle has been removed and the reason for its removal. Within five (5) days from the removal of any vehicle, provided that the vehicle has not been released from the pound, the officer who caused the vehicle to be removed shall send the owner, by registered mail, a notice that the same has been impounded, designating the place from which such vehicle was removed, and the reason for its removal and impounding, and the location of the pound in which it is impounded.

Before the owner or his agent (hereinafter "owner") shall be permitted to remove an impounded vehicle from any pound provided for by this Article, the following steps shall be taken:

A. The owner shall pay to the Town of Elsmere any fines due and owing for the violations for which the vehicle was towed, as well as any other fines for any other parking violations which the vehicle owner may owe to the town. Upon payment of these fines, the Elsmere Public Safety Department will provide a receipt. [Amended 3-9-1995 by Ord. No. 320]

B. The owner shall present proof of ownership of the vehicle to the Elsmere Public Safety Department. The owner will then be issued a release-of-vehicle form.

C. The owner shall then deliver to the official pound the release-of-vehicle form, and he shall also pay to the pound operator all towing and storage charges. The towing and storage charges shall not exceed the amounts agreed upon between the pound operator and the town in the current contract for towing charges. A printed statement of the charges which the pound operator is permitted to charge under contract can be obtained through the Elsmere Public Safety Department. A statement of charges shall also be prominently posted in a public area at the pound.[5]

The Council of the Town of Elsmere, through resolution of said body, may establish and properly designate areas to be known as "fire lanes" where it deems necessary to effectively locate, access and extinguish a fire or like emergency around a building or property.

A. No person shall stop, stand or park a vehicle in any place which as been designated and properly identified as a fire lane pursuant to Regulation 17 of the State Fire Marshal Code or in an area designated for a fire hydrant or standpipe connection, except in compliance with the directions of a police officer or traffic control device.

B. Any person authorized to make arrests for violations of this Article is hereby authorized to remove or cause to be removed, pursuant to provisions of ~~ 215-7 through 215-11, and stored at the owner's expense, any unattended vehicle left standing wholly or partially within a fire lane or any unattended vehicle left standing in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant or standpipe connection.

C. The Elsmere Public Safety Department, the State Fire Marshal and his deputies shall be authorized to enforce this Article. Any fire officer in charge of firemen of a fire company responding to, operating at or returning from a fire, service call or other emergency shall be authorized to enforce this Article.

E. Anyone violating this Article shall be fined twenty-five dollars ($25.). This fine shall not relieve the owner or agent from liability for towing and storing charges which may have resulted from the towing and/or impoundment of said vehicle for violation of this Article.

~ 215-14. Immunity for enforcement; exception. [Amended 3-9-1995 by Ord. No. 320]

No law enforcement officer, fire officer in charge of this delegate or fire marshal or his deputy or Code Enforcement Official of the Town of Elsmere enforcing this Article, and no one who removes a vehicle from a prohibited area as described in this Article or stores such a vehicle, having been directed to remove or store such vehicle by a person authorized to enforce this Article, shall be liable for criminal prosecution for any conduct directly relating to the enforcement of this Article or liable to any person for negligence, resulting in the injury to or loss or destruction of any real or personal property if such negligence arises out of the enforcement of this Article; provided, however, that such persons shall be liable for loss or destruction of any real or personal property caused by acts or omissions amounting to gross negligence or willful wanton misconduct.

If any vehicle found by a person authorized to enforce this Article to be in violation of this Article is unattended at the time the violation is discovered and the identity of the operator is not apparent, the person in whose name such vehicle is registered as owner shall be held prima facie responsible for such violation.

[1] Editor's Note: Former Subsection A(23), abandoned vehicles on public property, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2]Editor's Note: Former Subsection (c), which immediately followed this subsection and dealt with abandoned vehicles, was repealed 1-12-1993 by Ord. No. 290. See Ch. 111, Abandoned Vehicles.

[3]Editor's Note: Former Subsection (c), which immediately followed this subsection and which dealt with abandoned vehicles, was repealed 1-12-1993 by Ord. No. 290. See Ch. 211, Abandoned vehicles.

[4]Editor's Note: Former Subsection (f), which immediately followed this subsection and dealt with abandoned vehicles, was repealed 1-12-1993 by Ord. No. 290. See Ch. 111, Abandoned vehicles.

[5]Editor's Note: Former Subsection (b), which immediately followed this subsection and dealt with charges paid under protest, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.