Sec. 37-186. - Violations of article.

(a)

Whoever violates any provision of this article shall, for the first offense, be fined not less than that amount established at Level 2 nor more than that amount established at Level 12 or be imprisoned not less than ten days, or both. For each subsequent offense he shall be fined not less than that amount established at Level 8 nor more than that amount established at Level 18 or be imprisoned not less than 15 days nor more than 30 days, or both.

(b)

Subsection (a) of this section shall not apply to violations punishable under section 37-193(d). The fine for a violation of section 37-191 that is a first offense shall be as provided in that section.

(Code 1968, § 37-45; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 10-048, § 10, 7-8-10)

Sec. 37-187. - Specific speed limits; penalties.

(a)

Where no special hazard exists, and unless otherwise authorized and posted, the following speed limits upon streets and portions thereof in the city shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful:

(1)

Unless otherwise posted or as otherwise declared due to weather conditions or other significant factors, 25 miles per hour.

(2)

At all school crossings where regulatory signs are in effect, during specific periods, 20 miles per hour.

(3)

Only on streets which are marked with appropriate signs for the same, 35 miles per hour.

(b)

Penalties for violation of this section are as follows:

(1)

Whoever violates this section shall for the first offense be fined at the amount established at Level 2. For each subsequent offense, he shall be fined at the amount established at Level 3 or be imprisoned not less than ten days nor more than 30 days, or both. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.

(2)

Any person violating this section who exceeds the maximum speed limit by more than five miles per hour, but less than 16 miles per hour, shall pay an additional fine of $1.00 per mile, if such violation is a first offense, or $2.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(3)

Any person violating this section who exceeds the maximum speed limit by more than 15 miles per hour, but less than 21 miles per hour, shall pay an additional fine of $2.00 per mile, if such violation is a first offense, or $3.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(4)

Any person violating this section who exceeds the maximum speed limit by more than 20 miles per hour shall pay an additional fine of $3.00 per mile, if such violation is a first offense, or $4.00 per mile if such violation is a second offense, for each mile in excess of the maximum speed limit.

(Code 1968, § 37-31.1; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 11, 7-8-10)

State law reference— Speed limits generally, 21 Del. C. § 4168 et seq.; local regulation of speed limits, 21 Del. C. § 4170 et seq.

Sec. 37-188. - One-way streets.

The commissioner of public works shall determine upon what streets vehicular and bus traffic shall be restricted to one direction, and shall designate the direction therefor, and shall cause such streets to be marked or signed as "one-way streets" with the direction indicated in the marking or on the sign.

(Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(h)(37-24), 8-13-92)

State law reference— One-way roadways, 21 Del. C. § 4121.

Sec. 37-189. - Turning at intersections.

The commissioner of public works shall determine those intersections at which drivers of vehicles shall not make a right or left turn, and shall place and maintain or cause to be placed and maintained the proper signs necessary at the intersection as designated.

(Ord. No. 91-072(sub 1), § 5(37-25(c)), 10-17-91; Ord. No. 92-053(sub 1), § 24(a)(10), 7-2-92)

State law reference— Turning movements, 21 Del. C. § 4152 et seq.

Sec. 37-190. - Limitations on turning around.

It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without backing or otherwise interfering with other traffic, but such driver shall go around the block or to a street intersection sufficiently wide in which to turn without backing; provided, however, that the driver of a vehicle shall not make a "U" turn on any of the streets in the central business district of the city.

(Code 1968, § 37-28; Ord. No. 92-062(sub 1), § 1(a), 8-13-92; Ord. No. 93-046, § 1(l), 7-8-93)

State law reference— Other limitations on turning around, 21 Del. C. § 4153.

Sec. 37-191. - Driving through processions.

(a)

It shall be unlawful for the driver of any vehicle to drive between the vehicles comprising a funeral or other authorized procession while they are in motion; provided, that such vehicles are conspicuously so designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.

(b)

Whoever violates this section shall, for the first offense, be fined not less than the amount established at Level 4 nor more than the amount established at Level 12. For each subsequent offense the fine shall be that which is provided in section 37-186

(Code 1968, § 37-36; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 12, 7-8-10)

Sec. 37-192. - Driving on sidewalk.

It shall be unlawful for the driver of a vehicle to drive such vehicle upon any sidewalk at any time; except, that a driver of a vehicle shall be permitted to drive his vehicle across a sidewalk area upon a permanent or temporary driveway.

(Code 1968, § 37-39)

Sec. 37-193. - Use of certain streets by commercial vehicles.

(a)

The department of public works may regulate and restrict the operations of commercial vehicles on designated city streets.

(b)

Regulation or restriction of commercial vehicles from using certain city streets shall not be deemed to prohibit the use of such vehicles on such streets in the usual course of business with the occupiers of properties abutting thereon; provided, however, that the use of certain city streets by commercial vehicles for other than local deliveries may be prohibited on such streets designated pursuant to this section by the department of public works and marked by signs accordingly pursuant to section 37-42

(c)

The chief of police and his designees shall be authorized to issue cease and desist orders to the owners or operators of commercial vehicles using designated city streets in violation of regulations or restrictions adopted by the department of public works pursuant to this section.

(d)

A conviction for violation of this section following the issuance of a cease and desist order to the owner or operator of a commercial vehicle who is subsequently so convicted shall be punishable by a fine in the amount of up to that amount established at Level 24.

(Code 1968, § 37-40; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(b), 7-2-92; Ord. No. 93-046, § 1(m), 7-8-93; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 13, 7-8-10)

Sec. 37-194. - Certain vehicles prohibited on portion of Market Street; exception.

It shall be unlawful for any person to drive any vehicle used for commercial purposes on Market Street between 7th Street and 9th Street unless he can prove that such movement is necessary for the purpose of loading and unloading merchandise in that district.

(Code 1968, § 37-41; Ord. No. 93-046, § 1(m), 7-8-93)

Sec. 37-195. - Passing of sanitation vehicles on one-way streets.

(a)

It shall be unlawful for the driver of any vehicle proceeding on a street that is restricted to one direction, to pass a sanitation vehicle without proper authorization from the operator of the sanitation vehicle or sanitation crew, provided that the said vehicle is properly designated as a sanitation vehicle and a sign clearly instructs the driver to await authorization to pass.

(b)

Whoever violates this section shall, for the first offense, be fined not less than that amount established at Level 3 nor more than that amount established at Level 11. For subsequent offenses, the fine shall be that which is provided in section 37-186

(Ord. No. 00-083, § 1, 7-27-00; Ord. No. 10-048, § 14, 7-8-10)

Sec. 37-196. - Restrictions on use of a mobile telephone; civil offense.

(a)

Definitions. For purposes of this section the following terms shall be applicable.

(1)

"Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone.

(2)

"Mobile telephone" means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

(3)

"Use" means talking, placing, or receiving a call, or attempting to place or receive a call, or texting or attempting to send a text, or email on a mobile telephone or other electronic devices.

(b)

Restricted use of mobile telephone.

(1)

No person shall use a mobile telephone while operating a moving motor vehicle or while riding a bicycle in the City of Wilmington unless the telephone or device is equipped with a hands-free accessory.

(2)

The provisions of this section shall not apply to the following:

a.

Emergency use of a mobile telephone, including calls to 911, a hospital, an ambulance service provider, a fire department, a law enforcement agency, or a first-aid squad; and

b.

Use of a mobile telephone by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties.

(c)

Enforcement; fines and penalties.

(1)

A violation of the provisions of this section shall constitute a civil offense with a penalty at Level 4, payable to the City of Wilmington Finance Department, Revenue Division.

(Ord. No. 09-041(sub 1), § 1, 8-20-09; Ord. No. 10-048, § 15, 7-8-10)

Secs. 37-197—37-220. - Reserved.