Sec. 37-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boat means every device, tank vessel, ship, barge, or other mobile floating craft in, upon or by which any person, bulk transfer of property, or delivery of any kind may be transported over navigable water, whether the boat is motorized or propelled by human power.

Bus means any self-propelled motor vehicle exclusively using gasoline, oil or other similar fuel and used for the transportation of the public upon a roadway.

Bus stop means the area or space within a roadway set apart by authority of the department of public works for the use of busses and protected or so marked or indicated by official signs or markings as are approved by the department of public works for making same visible at all times while set apart as a bus stop.

Central business district means that area of the city bounded by the southerly curb line of Martin Luther King, Jr. Boulevard, the westerly curb line of Washington Street, the northerly curb line of 14th Street and the easterly curb line of French Street.

Commercial vehicles means any motor vehicles in use at the time for the principal purpose of carrying goods, wares, merchandise or tools, and which are identified, under state law, as being commercial vehicles by official markings on their license plates. Such official markings shall include, but are not limited to the marking "C," when such marking is in the first position on the license plate, and by the word "truck"; however, the marking "P/C" shall not be considered as identification of a commercial vehicle for purposes of this section.

Crosswalk means that portion of a roadway ordinarily included within the prolongation or connection of curb and property lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface.

Curb means the lateral boundaries of that portion of a street designed for the use of vehicles whether marked by curbstones or not.

Downtown business district means that area of the city bounded by the Christina River, the easterly side of Walnut Street, the Brandywine Creek and the westerly side of Washington Street.

Driver means any person who is in actual physical control of any vehicle upon a street or highway.

Limited access highway means a public highway to which the owners or occupants of abutting property or the traveling public have no right-of-way or egress to, from or across such highway, except as may be provided by the authorities responsible therefor.

Limited parking zone means any space or portion of street where the parking of vehicles shall be permitted for a limited period only.

Loading and unloading means the transfer of persons or property between a vehicle and the sidewalk or between a vehicle and one or more nearby buildings.

Official traffic control device means all signs, signals, markings and devices placed or erected by authority of the department of public works, for the purpose of regulating, warning or guiding traffic in accordance with this chapter.

One-way traffic means traffic restricted to one direction of travel.

Parking means the standing of a vehicle, upon a roadway, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs or signals.

Parking meter means any device or mechanism having visible indicators mounted on top of a post, not higher than 4½ feet overall, which when installed near the curb, adjacent to a parking space, shall indicate by proper legend the legal parking time established by the city and the cost thereof.

Pedestrian means any person afoot.

Police officer means every member of the police department of the city authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Recreational vehicle includes every motor vehicle used for temporary human living quarters, not the residence of the owner or occupant, and used for recreational or vacation activities, including motor homes, self-propelled campers and other motor vehicles with permanently attached camper components.

Sidewalk means that portion of a street between the curb and adjacent building lines designed for the use of pedestrians, whether paved or otherwise.

Street includes avenues, boulevards, highways, roads, squares, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city and shall mean the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but such terms do not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

Traffic means pedestrians, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.

(Code 1968, §§ 37-1, 37-67; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(c), (d), 7-2-92; Ord. No. 92-062(sub 1), § 1(a), (t), 8-13-92; Ord. No. 93-046, § 1(a), 7-8-93; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 01-056, § 1, 5-17-01; Ord. No. 06-055, § 1, 12-13-06)

Cross reference— Definitions and rules of construction generally, § 1-2.

State law reference— General definitions applicable to motor vehicle laws, 21 Del. C. § 101.

Sec. 37-2. - Obedience by public employees.

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, or this state, county or city. It shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter.

(Code 1968, § 37-2)

State law reference— Application of rules of the road to persons working on highways and utilities, 21 Del. C. § 4105; exemptions for authorized emergency vehicles, 21 Del. C. § 4106.

Sec. 37-3. - Obedience by persons propelling push carts, riding animals.

Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions with reference to the equipment of vehicles, except mounted police officers and except those provisions which by their very nature can have no application.

(Code 1968, § 37-3)

State law reference— Applicability of traffic laws to persons riding animals or driving animal-drawn vehicles, 21 Del. C. § 4104.

Sec. 37-4. - Authorized emergency vehicles generally.

(a)

The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this section.

(b)

The driver of an authorized emergency vehicle may:

(1)

Park or stand, irrespective of the provisions of this chapter.

(2)

Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

(3)

Exceed the speed limits so long as he does not endanger life or property.

(4)

Disregard regulations governing direction of movement or turning in specified directions.

(c)

The exemptions granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this chapter; except, that an authorized emergency vehicle operated as a police vehicle need not make use of such signals.

(d)

The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(e)

The rights granted to an authorized emergency vehicle shall also be granted to the mounted police officers.

(Code 1968, § 37-4)

State law reference— Similar provisions, 21 Del. C. § 4106.

Sec. 37-5. - Boarding or alighting from vehicles in motion.

It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.

(Code 1968, § 37-5)

Sec. 37-6. - Diesel-powered motor vehicles; idle standard.

(a)

Definitions. In addition to the definitions set forth in section 37-1 of this chapter, for purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Diesel-powered motor vehicle means a vehicle which is self-propelled by a compression ignition type of internal combustion engine and which is designed primarily for transporting persons or property on a public street or highway; for purposes of this section, passenger automobiles and motorcycles are excluded.

(2)

Idle means the motor vehicle operating mode consisting of a nonloaded, throttled engine speed at the revolutions per minute specified by the manufacturer.

(b)

Standards. No person shall cause, suffer, allow, or permit the engine of a diesel-powered motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion, except:

(1)

A vehicle at the vehicle operator's place of business where the vehicle is permanently assigned may idle for 30 consecutive minutes; or

(2)

A vehicle may idle for 15 consecutive minutes when the vehicle engine has been stopped for three or more hours.

(c)

Exceptions. The provisions of subsection (b) of this section shall not apply to:

(1)

Buses while discharging or picking up passengers;

(2)

Vehicles stopped in a line of traffic;

(3)

Vehicles whose primary or secondary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or air conditioning;

(4)

Vehicles being or waiting to be examined by state or federal motor vehicle inspectors;

(5)

Emergency vehicles in an emergency situation;

(6)

Vehicles while being repaired;

(7)

Vehicles while engaged in the process of connection, detachment or exchange of trailers; or

(8)

Vehicles manufactured with a sleeper berth while being used, in a nonresidentially zoned area, by the vehicle's operator for sleeping or resting or in order to provide heat or air-conditioning.

(d)

Violations; penalties. Violations of any provision of this section shall be punishable in accordance with the provisions of section 37-186

(Code 1968, § 37-20.1; Ord. No. 10-048, § 1, 7-8-10)

Sec. 37-7. - Unlawful riding generally.

It shall be unlawful for any person to ride upon any portion of any bus, vehicle or bicycle not designed or intended for the use of passengers when the same is in motion. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.

(Code 1968, § 37-8)

Secs. 37-8—37-40. - Reserved.