Sec. 37-91. - Official traffic signs and signals generally.

(a)

All signs and signals required under this chapter for a particular purpose shall be approved and authorized by the department of public works, and shall be controlled and directed by the police department and may be operated by officers of such department or by automatic devices.

(b)

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation the sign required in this section is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective without signs being erected to give notice thereof.

(Code 1968, § 37-12; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 95-043, § 3, 7-13-95)

Sec. 37-92. - Obedience to traffic control devices.

The driver of any vehicle or any pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

(Code 1968, § 37-13)

State law reference— Similar provisions, 21 Del. C. § 4107(b).

Sec. 37-93. - Interference with official traffic control devices, etc.

(a)

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

(b)

It shall be unlawful for any person to change, deface, move, remove or interfere with markings made by a police officer in the performance of his duty.

(Code 1968, § 37-18)

State law reference— Similar provisions, 21 Del. C. § 4112.

Sec. 37-94. - Display of unauthorized signs, signals or markings.

Every sign, marking or device that is upon or in view of any city street and that is prohibited by virtue of state or local law or regulation is hereby declared to be a public nuisance, and the department of public works is hereby authorized to cause the same to be removed without notice.

(Ord. No. 92-062(sub 1), § 1(e)(37-19), 8-13-92; Ord. No. 95-043, § 3, 7-13-95)

State law reference— Similar provisions, 21 Del. C. § 4111.

Sec. 37-95. - Failure to stop for a red traffic signal; traffic light signal violation monitoring program; penalties.

(a)

Generally. Vehicular traffic facing the red traffic signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown.

(b)

Traffic Light Signal Violation Monitoring Program. Such failure to stop for a red traffic signal may be recorded by a traffic signal violation monitoring system in accordance with a program or authorization approved by city council and the city government, pursuant to the provisions of 21 Del. C. § 4101 and this section. The administration and enforcement of the provisions of this section shall be done in accordance with the provisions of 21 Del. C. § 4101, as amended by S.B. 262 and H.B. 189, which shall prevail in the event of any conflict with the provisions of this subsection.

(1)

The owner of the vehicle shall be liable for a civil or administrative monetary assessment not to exceed $110.00, provided, however, that the city may provide for an additional assessment not to exceed $10.00 if the civil or administrative assessment is not paid within 14 days; which assessment may be increased to an amount not to exceed $20.00 if the assessment is not paid within 45 days; and may be increased to an amount not to exceed $30.00 if the assessment is not paid within 90 days; if such vehicle is found, as evidenced by information obtained by a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal. Court costs or similar administrative fees not to exceed $35.00 may also be assessed if the owner requests a hearing to contest the violation, and is ultimately found to be in violation or fails to pay or contest the violation in a timely manner. Enforcement procedures for this section shall be governed in the same manner as any parking violations under article II of Chapter 37

(2)

Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized by city council and the city government. Any recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to this subsection (b).

(3)

The owner of any vehicle found to be in violation of this subsection (b) shall be held prima facie responsible for such violation.

(4)

For purposes of this subsection (b) only, "owner" means the registered owner of such vehicle on record with the division of motor vehicles; provided, however, that in the event that the owner is a vehicle leasing company licensed to do business in this state, the "owner" for purposes of this subsection shall mean the person shown on the records of the division of motor vehicles to be the leasee of such vehicle. Vehicle rental companies are excluded from the definition of "owner" for purposes of this subsection (b) only. For purposes of this subsection, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this subsection.

(5)

A citation for a violation of this subsection may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the division of motor vehicles.

(6)

A summons for a violation of this subsection may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the division of motor vehicles.

(c)

Notwithstanding any other provision of this section, if the motor vehicle which is found by the traffic signal violation monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with two photographs thereof. Within ten days of the receipt of said notice, the owner of the vehicle shall provide the law enforcement agency which has issued the citation with the name and address of the driver of the vehicle at the date, time and location of the violation and within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided under article II of chapter 37 and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (b) to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be responsible as set forth in subsection (b)(3).

(Ord. No. 98-108(sub 1), § 1, 10-19-98; Ord. No. 01-082(sub 1), § 1, 7-26-01; Ord. No. 02-004, § 1, 1-17-02; Ord. No. 10-048, § 4, 7-8-10; Ord. No. 10-047, § 1, 7-1-10)

Sec. 37-96. - Parking meters—Holiday season policy.

Commencing as of November 27, 1998, and as of December 15, 2000 as to the Riverfront Business District, there is hereby established a policy, to be implemented and administered in each calendar year, of temporarily not requiring deposit of coins in parking meters in the Downtown Business District, defined for purposes of this section as the area bounded by 2nd and 12th Streets and by French and Washington Streets, inclusive, and in the Riverfront Business District defined, for purposes of this section, as the northerly and westerly side of the Christina River, and 2nd Street, French and Market Streets inclusive, from 12:00 noon of each day to 8:00 a.m. of the following day, from the day after Thanksgiving Day through January 1, New Year's Day of the next year. In each year, however, exceptions to this policy shall be along those streets designated as "tow-away zones," such that no stopping will be allowed at those meters at the times posted, and further provided that all applicable traffic regulations other than those requiring deposit of coins in parking meters shall be fully enforceable. During each holiday season, the city will undertake a policy of strict enforcement relative to those parking violations involving time-limited or overtime parking, bus stops, fire hydrants, double-parking and parking too close to pedestrian crosswalks, and any and all other regulations, except those regarding the deposit of coins between noon and 8:00 a.m. of the following day in parking meters.

(Ord. No. 98-161, § 1, 1-11-99; Ord. No. 00-135, § 1, 12-14-00)

Sec. 37-97. - Motor vehicles cutting through private property to avoid red traffic signal.

Vehicular traffic facing a red traffic signal shall stop in accordance with section 37-95(a) of this chapter. Any operator of any vehicle which cuts through private property to avoid waiting at a red traffic signal shall be subject to and liable for a civil penalty in the amount established at Level 11 for the first offense, or at the amount established at Level 21 if a pedestrian is endangered by this activity. Operators of any vehicle found liable for any subsequent like offenses occurring within three years of a prior adjudication of responsibility shall be subject to and liable for a civil penalty in the amount established at Level 21 or Level 25 if a pedestrian is endangered by this activity.

(Ord. No. 00-051, § 1, 5-25-00; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 5, 7-8-10)

Secs. 37-98—37-120. - Reserved.