Sec. 42-1. - Coasting or sledding on streets.

It shall be unlawful for any person to use the bed of any of the public streets of the city for the purpose of coasting or sledding thereon.

(Code 1968, § 45-1)

Cross reference— Bicycles, motorcycles and play vehicles, § 37-291 et seq.

Sec. 42-2. - Roller skating, etc., on sidewalks.

(a)

It shall be unlawful for any person to use the sidewalk or footway of any of the public streets of the city for the purpose of roller skating, bicycling or coasting with wagons or wheels of any description where notice of the prohibition is posted, including but not limited to the Market Street Mall.

(b)

Any person guilty of violating the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, pay a fine of not more than $5.00 nor less than $1.00 for the first offense, and for the second and subsequent offenses the maximum penalty of $50.00 may be imposed.

(Code 1968, § 45-2; Ord. No. 92-053(sub 1), § 32(a), 7-2-92)

Cross reference— Bicycles, motorcycles and play vehicles, § 37-291 et seq.

Sec. 42-3. - Driving vehicles, etc., over grass plots between curb and sidewalk.

It shall be unlawful for any person to drive or ride a wagon, cart, bicycle, sled, motor vehicle or other vehicle on any of the grass plots between the property and curb lines of any of the streets or avenues within the city, or for any person to permit or suffer the same to be so ridden or driven on the grass plots of any of the streets or avenues, or for any person to trample on any of such grass plots.

(Code 1968, § 45-3)

Sec. 42-4. - Reserved.

Editor's note—

Ord. No. 07-002(sub 1), § 1, adopted Apr. 19, 2007, deleted § 42-4, which pertained to electric stations and derived from Code 1968, § 45-6; Ord. No. 92-053(sub 1), § 1(j), adopted July 2, 1992.

Sec. 42-5. - Reserved.

Editor's note—

Ord. No. 07-002(sub 1), § 1, adopted Apr. 19, 2007, deleted § 42-5, which pertained to injuring, etc., public improvements in public streets and derived from Code 1968, § 45-7.

Sec. 42-6. - Injuring, etc., grass, etc., between curb and property line.

No person shall trespass upon, break or in any wise injure or deface the grass or plants on the unpaved parts of the spaces between the curb line and the property lines of any sidewalk in the city.

(Code 1968, § 45-8)

State law reference— Criminal mischief, 11 Del. C. § 811.

Sec. 42-7. - Reserved.

Editor's note—

Ord. No. 07-002(sub 1), § 1, adopted Apr. 19, 2007, deleted § 42-7, which pertained to erection of fences, etc., to guard excavations and derived from Code 1968, § 45-9; Ord. No. 92-053(sub 1), § 32(d), adopted July 2, 1992; Ord. No. 95-043, § 3, adopted July 13, 1995.

Sec. 42-8. - Reserved.

Editor's note—

Ord. No. 07-002(sub 1), § 1, adopted Apr. 19, 2007, deleted § 42-8, which pertained to fees for certain engineering and surveying services and derived from Ord. No. 92-053(sub 1), § 32(ee)(45-11), adopted July 2, 1992.

Sec. 42-9. - House numbers and the display thereof.

It shall be the duty of the board of assessment to assign proper numbers to all new buildings and structures within the city in harmony with the system of numbering buildings presently existing within the city, and to notify the United States Postal Service of the same. The owner or agent for the owner of each house or building presently existing within the city must display the designated number in a conspicuous position upon the front of such house or building, in a permanent, stationary and durable manner unobstructed at all times by trees, bushes or anything that would tend to hide or obscure the number, so that the number will be clearly visible from the curb. These numbers shall contrast with their background.

If the house or building is accessible by common alleyway, then the designated number must be displayed in a conspicuous position at the rear entrance to the building, clearly visible and with contrasting background.

(Ord. No. 92-053(sub 1), § 32(f)(45-12), 7-2-92; Ord. No. 03-043(sub 1), § 1, 5-20-04)

Sec. 42-10. - Paving private alleys.

(a)

Authorization.The department of public works is hereby authorized and empowered to contract with abutting property owners to assist in the paving of privately controlled, nondedicated alleys by paying a portion of the paving cost and/or by supplying labor for the same. The department may so act only when the following conditions have been met:

(1)

The public works commissioner shall have made the determination that such alley is regularly used by city-owned vehicles for sanitation, police or fire emergency purposes;

(2)

The public works commissioner and the director of finance shall have determined that sufficient funds are available and can be spent for such paving projects without undue interference with other projects of the department of public works;

(3)

A written agreement, executed by the owners of more than one-half of the parcels of property abutting such alley, shall have been submitted to the commissioner and approved by the city solicitor; and

(4)

The abutting owners shall have paid into an escrow fund maintained by the city a sum sufficient to equal at least 60 percent of the estimated cost of the paving project.

(b)

Establishment of program for qualified maintenance corporations. There is hereby established a program in which affected abutting property owners who have established a qualified maintenance corporation may apply for funding as such. If approved by the department of public works, such corporation may pay a sum sufficient to equal at least ten percent of the estimated cost of the paving project into an escrow account maintained by the city for such purpose.

(1)

Qualifications. In order to qualify for the program, the maintenance corporation must submit a proposal to the department of public works demonstrating its status as a bona fide maintenance corporation, that it has adequate provisions for funding continued maintenance of the alleyway, and that it intends to be responsible for ongoing maintenance subject to city Code requirements. The department of public works shall select maintenance corporations to participate in the program based on the submitted proposal.

(2)

The program shall be reviewed for effectiveness after one year of operation.

(c)

Nothing in this section shall be construed as acceptance by the city of any privately owned alleys as dedicated to the public use, nor do the provisions of this section constitute an action that would render the city liable for the continued care, maintenance or upkeep of any such alley nor render the city liable in damages for any injury or death sustained by reason of the condition of the alley.

(Code 1968, § 45-12.1; Ord. No. 92-053(sub 1), § 1(j), 7-2-92; Ord. No. 99-128(sub 1), §§ 1—3, 12-2-99)

Sec. 42-11. - City street closings and official city map revisions.

(a)

Initiation. The closing of any city street or alley or any other public way, whether opened and used by the public or a "paper" street, alley or any other public way that appears on the official city map, and the removal of any of the same or any parts thereof from the official city map, may originate with and be initiated by the public works commissioner, on behalf of the department of public works or by any other department of city government through the commissioner, at the request of any person who wishes to purchase a city-owned street bed, or to remove a question of title to real property caused by the continued existence of a "paper" street on the official city map. A street "closing" in this section does not mean a street closing as provided for in section 37-41 of this Code as a temporary regulation. The public works commissioner shall determine whether, in his judgment, the street or street bed is necessary currently, or would reasonably be anticipated to be necessary in the future to provide for general vehicular traffic circulation and the safety of vehicular and pedestrian traffic in the area of such street. Prior to making such determination, if he has not already done so, the commissioner shall advise the administrative assistant to the mayor of the pending matter and the latter shall elicit the comments of any other city department affected by or interested in the determination of the matter. If the commissioner thereafter determines that such street is not necessary currently or as anticipated in the future, the commissioner may specify easements or reservation of rights that the city should retain for water and sewer purposes, or other easements if the street or street bed is closed and the commissioner shall so advise the planning department and planning commission. If the commissioner recommends that a proposed street, alley, or other public way not be closed, he shall so advise the person initiating it, who or which may nevertheless request that it be considered by the city planning commission.

(b)

City planning commission. The proposed closing of any street, alley, or other public way shall be referred to the planning department for a report and recommendation to the city planning commission. The city planning commission shall, in turn, make a recommendation to the city council whether the street, alley, or other public way should be removed from the official city map or retained thereon. Following the recommendation of the city planning commission, the city council shall consider an ordinance to close and remove the city street, alley or other public way from the official city map, if so recommended.

(c)

Disposition of city's interest. Following the approval of any ordinance or ordinances by the city council authorizing the removal of any city street, alley, or any other public way from the official city map, and authorizing its disposition as property authorized for disposition pursuant to the provisions of chapter 2, article VI, division 7, the real estate and housing department shall be authorized to take such further actions as may be necessary regarding such streets, alleys, or other public ways and the disposition of the city's interest therein, if any.

(d)

These procedures shall be followed, in each case after review by the city planning commission, whenever the city, by requisite ordinance of city council, authorizes the closing and removal from the official city map of a city street:

(1)

City owns right-of-way. Where the city has record title to land that is used for a city street, such street may be closed by ordinance of city council, which ordinance may authorize the removal from the official city map and the conveyance of the city's interest in the property to the abutting owner(s), or to one of the abutting owners if the other abutting owners consent to such conveyance, for its appraised value. The said consideration may be waived in the event that the conveyance is done in connection with an economic development program authorized, supported or otherwise assisted by the city.

(2)

Property owner deeds are bounded by right-of-way and city ownership of right-of-way is not established. Where the city ownership of the property used for a city street cannot be established, and the abutting property owners' deeds are bounded by that right-of-way, then a legislative finding of the lack of public interest in the right-of-way may be included, and by ordinance of city council, the city street may be removed from the official city map, but the determination of property rights in the right-of-way shall be a judicial determination in accordance with applicable state statutes.

(3)

Property owner deeds include right-of-way within property description. Where the property owners' deeds include within their descriptions the right-of-way used for a city street, then the removal of the city street from the official city map shall be approved by ordinance of city council, subject nevertheless to judicial determination of the continued existence of any public easement, in accordance with applicable state law.

(e)

Standards. In any proposed street closing, it shall be paramount that the planning commission and the council determine that any detriment to the general public which may result from a street closing is not greater than the private benefit resulting therefrom.

(Code 1968, § 45-12.2; Ord. No. 92-053(sub 1), § 1(h), (j), (k), 7-2-92; Ord. No. 96-062(sub 1), § 1, 11-21-96; Ord. No. 97-066(sub 2), § 3, 1-8-98)

Cross reference— Subdivisions, ch. 43.

State law reference— Vacating public roads and bridges, 17 Del. C. § 1301 et seq.

Sec. 42-12. - Snow removal service agreements with community associations.

(a)

Authorization. The city department of public works is hereby authorized to enter into agreements with organizations within the city boundaries by which the city will reimburse such organizations for part of snow removal costs for snow removal services incurred during snow emergencies impacting their communities. Such agreements shall be entered into by the city only with organizations within the city, subject to approval by the administrative board, of the organization as a viable entity and of the city's agreement with that organization and the organization's agreement with a snow removal contractor.

(b)

Definitions.

Department shall mean the department of public works.

Organization shall mean a civic association, neighborhood alliance, homeowners maintenance corporation, homeowners maintenance association or other similar entity, charged with or assuming the duties of maintaining the public areas within a residential development or community within the boundaries of the city.

Snow emergency shall mean a snowstorm event within the city with a declaration by the mayor of a "snow emergency."

Streets shall mean those secondary streets within a residential development or community which have been accepted for maintenance by the department.

(c)

Conditions. An organization which contracts for snow removal services for a snow emergency impacting the streets within its development or community, may be partially reimbursed for the costs of such services, subject to the following conditions:

(1)

The reimbursement shall be in an amount not to exceed 75 percent of the actual contracted cost of said services, but in any event shall not exceed 75 percent of an annual cost analysis determination made by the department in its implementing regulations under this section. The regulatory cost determination shall include, but not be limited to, the department's cost of purchasing similar services under its own contracts.

(2)

The organization's contracts with contractors providing these services must include provisions for proof of insurance, indemnification of the city, and compliance with all relevant state and city license requirements.

(3)

The selection of contractors for services shall not be subject to the provisions of 29 Del. C. ch. 69.

(4)

To obtain economies of scale, an organization may enter into written agreements with other organizations to obtain joint snow removal contracts for purposes of this section.

(d)

Rules and regulations. The department shall be responsible for the implementation and administration of this section through the adoption and publication of rules, regulations and procedures deemed necessary for these purposes, subject to approval by the administrative board.

(Ord. No. 96-082(sub 2), § 1, 12-19-96)

Secs. 42-13—42-35. - Reserved.