DIVISION 1. - GENERALLY

Except in an emergency or in obedience to traffic regulations or traffic signs or signals, the driver of a vehicle shall not stop, stand or park such vehicle on any roadway other than parallel to the curb line of the roadway headed in the direction of traffic on the side of the street upon which it is parked, and with the curb-side wheels of the vehicle within 12 inches of the curb line, so that, if stopped or parked upon a two-way street, it shall be so stopped or parked with the right hand wheels parallel to and within 12 inches of the right-hand curb and, if upon a one-way street, it shall be so stopped or parked parallel to the curb or edge of the street, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or outside edge of the shoulder, or with its left wheels within 12 inches of the left-hand curb or outside edge of the shoulder.

(b)

The driver of any motorcycle shall park the motorcycle so that it is perpendicular to the curb of the street on which it is parked and the rear wheel of the motorcycle is to the curb.

(c)

A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(q)(37-51), 8-13-92; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 16, 7-8-10)

Sec. 37-222. - Unattended vehicles.

No persons having control or charge of a motor vehicle shall allow such vehicle to stand on any street unattended without first effectively setting the brakes, stopping the motor, locking the ignition and removing the keys from such motor vehicle, and when standing upon a perceptible grade, without turning the front wheels of such vehicle to the curb or side of the street. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount of established at Level 3.

(Ord. No. 92-062(sub 1), § 1(r)(37-52), 8-13-92; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 17, 7-8-10)

Sec. 37-223. - Prohibited in specified places.

(a)

It shall be unlawful for the driver of a motor vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic, in order to comply with the directions of a police officer or traffic control sign or signal, or while operating in accordance with rules and regulations specifically authorized by the department of public works applicable to coaches and buses:

(1)

Within an intersection. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 5.

(2)

Within 20 feet of a crosswalk at an intersection. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(3)

On a crosswalk. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(4)

Within 30 feet upon the approach to any flashing beacon, or traffic control sign or signal located at the side of the roadway. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(5)

Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite to a fire station within 75 feet of the entrance when properly posted. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 4.

(6)

Within 15 feet of a fire hydrant. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(7)

In front of a public or private driveway, entrance to any public or private garage or other place or building to which vehicular access is necessary. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(8)

On a sidewalk, except in order to drive across a sidewalk on a permanent or temporary driveway. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3. This prohibition does not apply to the three feet of the width of each sidewalk along and immediately adjacent to the roadway of Williamson Street extending between Scott Street and Lincoln Street, or 20 feet from the westerly building line of S. Lincoln Street extending 20 feet and 100 feet of the easterly building line of S. Union Street and extending 122 feet along the southern side of the street in the 1900 block of Tulip Street.

(9)

Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 4.

(10)

On the roadway side of any vehicle stopped or parked at the edge or curb of a street, i.e., double-parking. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 4.

(11)

Within 50 feet of the nearest rail of a steam or interurban railway crossing. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(12)

At any place where such stopping, standing or parking obstructs the free passage of other traffic. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 4.

(13)

In the area between roadways of any divided street, boulevard or parkway including crossovers. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 5.

(14)

Upon any alley where such stopping, standing, or parking, other than for the purpose of making emergency repairs or for not more than 15 minutes and for the purpose of loading or unloading passengers, goods, wares, or merchandise in, on or from such vehicle, will result in any of the following conditions:

Such stopping, standing, or parking is such as to narrow the usable portion of such alley in a way that prevents its use for the safe movement of other vehicles, particularly police, fire, or emergency medical vehicles through the alley;

Such stopping, standing, or parking is such that it reduces the requisite safe turning radius in a way that prevents the safe ingress or egress by the operator of another motor vehicle to or from a parking space on private property adjacent and perpendicular to such alley; more specifically, it shall be unlawful to park any motor vehicle in any part of the alley which is directly behind any width of such parking space as measured from side to side, or in any part of the alley extending ten linear feet in each direction along such alley as measured from each side of such parking space at its entrance from the alley; or

Such stopping, standing, or parking is such as to prevent the stopping, standing, or parking on the side of the alley opposite such vehicle by the operator of another vehicle for such permitted, limited purposes of making emergency repairs or loading or unloading.

A driver found liable for a violation of this subsection shall be punishable by a fine subject to and liable for a civil penalty in the amount established at Level 5.

(15)

In front of or within three feet of either side of a private driveway, entrance to any public or private garage or other place or building to which vehicular access is necessary. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty by a fine in the amount established at Level 5.

(b)

Official signs or markings are not required in the proper enforcement of the provisions listed in subsection (a) of this section.

(c)

The repairing of a vehicle, whether operable or not, upon the roadway or sidewalk of any street, or in any alley in a manner so as to prevent access through such an alley or to properties abutting such alley by police, fire or emergency medical vehicles, is prohibited; provided, however, that upon a breakdown, such emergency repairs as may be necessary for its removal at the earliest possible time without injury may be performed, but no other repairs. In addition, and not in lieu of the foregoing provisions, it shall be unlawful for any person, for whatever reason other than emergency, to leave for any period of time in or upon the roadway or sidewalk of any street, or in any alley, any tools, motor vehicle auto body parts, or any paper, debris, cardboard, or plastic containers used in connection with making any such vehicle repairs. It shall also be unlawful to operate a speaker installation service on or upon the roadway or sidewalk of any street, or in any alley. Whoever violates these provisions shall be subject to and liable for a civil penalty not less than the amount established at Level 20 nor more than the amount established at Level 26 for the first violation; not less than the amount established at Level 22 nor more than the amount established at Level 28 for the second violation; and not less than the amount established at Level 26 nor more than the amount established at Level 29 for the third and each subsequent violations. Each day that a violation of these provisions occurs shall constitute and be a separate offense and shall be punishable as such, in addition to and not in lieu of any other penalty for any other violation pursuant to the provisions of this section.

(d)

A violation of this section shall be punishable by a civil penalty in the amount as provided for that violation, except that if no specific penalty is provided, the violation shall be punishable by a penalty in the amount established at Level 20.

(Code 1968, § 37-46; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(k), (l), 8-13-92; Ord. No. 93-046, § 1(n), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 99-101, § 1, 11-4-99; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 05-066(sub 1), § 1, 10-20-05; Ord. No. 10-004(sub 1), § 1, 3-4-10; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 18, 7-8-10)

Sec. 37-224. - Parking or loading in no stopping areas.

It shall be unlawful for the driver of any vehicle to stop, stand, park or load on any street, or in front of any space on any street, where the stopping of vehicles has been prohibited by the department of public works and marked "No Stopping" by authority of such department. A driver found liable for a violation of this section shall be subject to and liable for a civil penalty in the amount established at Level 4.

(Ord. No. 92-062(sub 1), § 1(n)(37-47), 8-13-92; Ord. No. 93-046, § 1(o), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; 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, § 19, 7-8-10)

Sec. 37-225. - Limited parking and prohibited parking generally.

(a)

The commissioner of public works shall determine upon what streets, or portions of streets, the parking of vehicles shall be permitted for a limited period only, and for what period of time; and upon what streets, or portions of streets, the parking of vehicles shall be prohibited and for what period or periods of time; and shall cause such streets or portions of streets to be marked in accordance with such rulings.

(b)

It shall be unlawful for the driver of a vehicle to park such vehicle on any street, or in front of any space on any street, where the time for the parking of vehicles has been limited by the department of public works, for a period of time longer than that prescribed by the official sign for parking on such street or at such location. A conviction of a violation of this subsection shall be punishable by a fine in the amount of $40.00.

(c)

Parking within any block, whether at the same location or not, for an aggregate period of time in excess of the time permitted by the department of public works shall be deemed a violation of this chapter; and any person removing a vehicle from any given place on any street, to which this section applies, before the expiration of the period authorized for such location and returning it to any location on either side of the same street within the same block before the end of the first hour beyond the posted limited parking time shall be considered as violating the provisions of this chapter. A conviction of a violation of this subsection shall be punishable by a fine in the amount of $40.00.

(d)

It shall be unlawful for the driver of a vehicle to park such vehicle on any street, or in front of any space on any street, when the parking of vehicles has been prohibited by the department of public works and marked "No Parking" by authority of such department. A conviction of a violation of this subsection shall be punishable by a fine in the amount of $40.00.

(1)

This provision shall not prevent the driver of a passenger vehicle from temporarily stopping for the sole purpose of and while actually engaged in loading or unloading passengers.

(2)

This provision shall not apply to prevent the driver of a commercial vehicle or the driver of an appropriately marked station wagon or other appropriately marked vehicle of a commercial enterprise from loading and unloading a shipment of goods, wares, or merchandise on or from such vehicle. In addition:

In no case shall any commercial vehicle or any appropriately marked station wagon or other appropriately marked vehicle of a commercial enterprise remain parked on any such marked area except while goods, wares or merchandise are actually being loaded or unloaded from same.

Such drivers shall have no more than one hour for the sole purpose of giving the drivers of vehicles such time within which to transact business with the shipper or receiver of such goods, wares or merchandise, regarding the loading and unloading of the same on or from such commercial vehicle.

The foregoing exception for station wagons or other vehicles of a commercial enterprise shall apply only to such vehicles which either have a commercial license plate or are appropriately marked by having the name of the company or commercial enterprise affixed in a highly visible manner on the exterior of the vehicle.

(e)

The provisions of this section shall not be construed as applying to such vehicles as are legally occupying spaces in the public curbstone markets.

(f)

The provisions of this section and article shall apply with full force and effect to all the land areas beneath the I-95 freeway bounded generally by Adams Street to the east and Jackson Street to the west as the same runs through the city. Any and all references to restrictions within this article which apply to streets or roadways shall apply to the above-described area.

(g)

Beginning July 1, 1993, the limited parking requirements shall be enforced from 8:00 a.m. to 4:00 p.m. daily, except Sunday, on those sides of the blocks of the streets enumerated on the listing attached to this section from which this amendment derives and kept on file in the offices of the department of public works, such streets being within the "central business district," as defined in section 37-1 of this chapter. In connection therewith, the director of transportation shall direct that new signs be installed regarding such revised limited parking regulations and that all parking meters on those sides of the streets enumerated be adjusted accordingly and as deemed necessary by the department of public works.

(Code 1968, § 37-48; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(b), 7-2-92; Ord. No. 93-022(sub 1), § 1, 5-20-93; Ord. No. 93-046, § 1(p), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 96-066, § 1, 11-7-96; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 20, 7-8-10; Ord. No. 10-066(sub 1), § 1, 11-4-10)

(a)

The geographic areas which are created and described from time to time by ordinance of city council shall constitute special residential parking areas, such areas' descriptions to be on file with the department of public works.

(b)

Motor vehicles displaying authorized municipal residential parking stickers are hereby exempt from the limited parking regulations listed below per area:

(1)

Areas A, B, C, D, E, and H: Two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday.

(2)

Areas F and I: Two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday, and from 8:00 a.m. to 2:00 a.m., daily, including Sunday, as applicable and in accordance with signs posted by the department of public works; Kentmere Parkway, between Union Street and Grant Avenue; west side of N. Lincoln Street between Lovering Avenue & Wawaset Street; both side of North Union Street between Lovering Avenue & Shallcross Avenue.

(3)

Area J: One-hour and two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday. Motor vehicles displaying authorized municipal residential parking stickers for area J shall further be exempt from the required deposit of coins in parking meters located within area J.

(4)

Areas G, K, L and M: One-hour and two-hour parking limits from 8:00 a.m. to 6:00 p.m. daily, except Sunday.

In areas X, Y and Z, the following provisions shall be applicable:

Restricted areas, unrestricted areas.

In "restricted areas" the motor vehicle operator must park in compliance with all parking meter and parking sign requirements that are applicable to the parking space. Residential parking permit stickers shall not be valid in "restricted areas". The motor vehicle operator who has a valid residential parking permit sticker in "unrestricted areas", shall not be required to comply with the parking meter requirements, nor with the one- and two-hours street signage requirements so long as the parking sticker is valid and is displayed on the motor vehicle. "Restricted areas" are defined in the provisions of subsections (5), (6) and (7) hereof. "Unrestricted areas" are those areas within areas X, Y and Z that are not defined as "restricted areas".

(5)

Area X: One-hour and two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday. Motor vehicles displaying authorized municipal residential parking stickers for area X shall further be exempt, to a limited extent, from the required deposit of coins in parking meters located within area X. Motor vehicles displaying authorized residential parking stickers for area X, but only within the unrestricted areas of area X, shall be exempt from the requirements of deposit of coins in parking meters. The "restricted area" within area "X" shall consist of the northerly side of 4^th Street from the westerly side of Walnut Street to the easterly side of Tatnall Street; the northerly side of 3^rd Street between the westerly side of King Street and the easterly side of Shipley Street; and Market Street and King Street from 2^nd to 4^th Street. (See Map "X" attached hereto and made a part hereof).

(6)

Area Y: One-hour and two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday. Motor vehicles displaying authorized municipal residential parking stickers for area Y shall further be exempt, to a limited extent, from the required deposit of coins in parking meters located within area Y. Motor vehicles displaying authorized residential parking stickers for area Y, but only within the unrestricted areas of area Y, shall be exempt from the requirements of deposit of coins in parking meters. The "restricted area" within area Y shall consist of the northerly side of 4^th Street from the westerly side of Walnut Street to the easterly side of Tatnall Street, and the westerly side of King Street, both sides of Market Street and the easterly side of Shipley Street from the northerly side of 4^th Street to and including the northerly side of 8^th Street. (See Map Y attached hereto and made a part hereof).

(6.1)

Student parking permit program for colleges headquartered in Wilmington that provide residential/housing services in Wilmington for the student population. "Headquartered" shall mean and include the principal office of the chief executive officer and administrative staff of the college area located in Wilmington. Within area "Y" the following provisions shall be applicable:

Residential area "Y" residential permit holders shall abide by all parking regulations and parking limitations on the restricted streets whether while parked at a meter or while parked on a street governed by the department of public works parking regulation signs. Legal parking spaces in area "Y" on streets that are unrestricted parking streets are for parking by area "Y" residential parking permit holders. Student parking permits shall be valid in area "Y" only on streets that are designated as such by ordinance of council administered by the department of public works and as amended from time to time. Student parking permits shall be valid for a new student parking permit program hereby established for colleges headquartered in Wilmington that provide residential/housing services in Wilmington for the student population Each student permit under this program shall be subject to payment of a fee of $100.00 for each six-month permit period which shall be January 1 to June 30 and July 1 to December 31. Such permits may be renewed at six-month intervals subject to a payment of $100.00 prior to the time of each renewal. The city shall issue no more than 100 such permits for each six-month permit period. No college staff, administrative person, nor teacher shall be eligible for a student parking permit.

From and after the effective date of the ordinance from which this subsection derives, a new student parking permit program for colleges headquartered in Wilmington that offer residential/housing services in Wilmington for the student population shall be established and shall be illustrated on maps prepared and distributed by city's department of public works from time to time.

(7)

Area Z: One-hour and two-hour parking limits from 8:00 a.m. to 6:00 p.m., daily, except Sunday. Motor vehicles displaying authorized municipal residential parking stickers (1) for area Z and (2) for area M, but only for parking in that part of the 800 block of Washington Street which is in area Z, shall further be exempt, to a limited extent, from the required deposit of coins in parking meters located within area Z subject to the aforesaid limitation as to the 800 block of Washington Street. Motor vehicles displaying authorized residential parking stickers for area Z, but only within the unrestricted areas of area Z, shall be exempt from the requirements of deposit of coins in parking meters. The "restricted area" within area "Z" shall consist of the northerly side of 9^th Street from the westerly side of Walnut Street to the easterly side of Washington Street; the westerly side of Walnut, both sides of French, both sides of King and the westerly side of Market Streets from the northerly side of 8^th to the southerly side of 12^th Street; the northerly side of 8^th, both sides of 9^th, both sides of 10^th, both sides of 11^th and the southerly side of 12^th Streets from the westerly side of Walnut Street to the easterly side of Market Street inclusive; and both sides of Shipley Street from the northerly side of 8^th to the southerly side of 10^th Streets, inclusive. See Map "Z" attached hereto and made a part hereof.

(8)

Additions to area E: In the 1600 block of North Scott Street, the odd numbered side, being the westerly side, of that block is added to area E. In the 1700 block of North Scott Street, both sides of that block are added to area E.

(9)

Area T. Trinity Vicinity residents-only parking area: The area bounded by the even numbered side of 8th Street and the even numbered side of 11th Street, the even numbered side of Adams Street and the even numbered side of Madison Street, shall be an area within which only residents and resident guests of dwellings within that area may be exempt from the one-hour parking limits. The limited parking regulations shall be applicable to non-residents of the area who park motor vehicles at any time within that area 24 hours per day. The applicable fine for violation by a non-resident of the limited parking regulation shall double for any parking violation that occurs after 6:00 p.m. and before 8:00 a.m. of the following day.

Resident guest parking permit pilot program. The department of public works shall develop a "portable resident guest parking permit" to be used by non-residents who shall be allowed to park within the area. No parking permit shall be issued to non-residents or persons who are not guests of residents. The applicable fine for violation by a non-resident for parking without a resident guest permit of the limited parking regulation shall double for any parking violation, which shall be issued by the city police department, that occurs after 6:00 p.m. and before 8:00 a.m. of the following day.

Criteria. Each eligible household may obtain no more than two portable guest parking permits to be used only by guests of a Trinity Vicinity resident. A guest permit displayed on a vehicle owned or controlled by a resident of that neighborhood or any other unauthorized use shall result in the loss of all guest permit parking privileges for one year. Such guest permits shall be issued annually by the department of finance and will not be replaced if lost. Each eligible household must complete and file an application form to be provided by the department of finance, provide proof of residence (utility bill, lease, etc.) provide a driver's license or other photo identification and pay the applicable fee of $25.00 per household per year for two guest permits to be collected by the department of finance, at the time of issuance or renewal of special residential parking district stickers.

Requirements. Visitors using a portable guest parking permit shall conspicuously display such permit as a "hang tag" on the inside rear view mirror of the visiting vehicle, and the permit must be fully readable from the exterior of the vehicle. The guest permit allows a guest to park only in the area described above for not more than seven consecutive days.

Implementation and review of program. The department of public works and the department of finance shall develop such resident guest parking permits within 30 days following the effective date of this subsection. This program will be reviewed for an evaluation of its effectiveness after one year of operation.

(10)

Area N. Hilltop Vicinity residents-only parking area: The area bounded on the north by the even-numbered side of Seventh Street, on the south by Lancaster Avenue, on the east by Broom Street, and on the west by Scott Street, shall be an area within which only residents of dwellings within that area may be exempt from the two-hour parking limits. The limited parking regulations shall be applicable to non-residents of that area who park motor vehicles at any time within that area 24 hours per day. The applicable fine for violation by a non-resident of the limited parking regulation shall double for any parking violation that occurs after 12:00 midnight and before 6:00 a.m. of the following day. Only residents possessing a valid parking sticker or guests who have been properly registered with the city police department and are properly displaying a valid guest permit in their vehicle shall be allowed to park in this area between the hours of 12:00 midnight and 6:00 a.m.

(11)

Area R. Beginning at the intersection east of Bowers Street and 14th Street, thence along 14th Street to Marsh Lane, thence back to Bowers Street. Two-hour parking limits from 8:00 a.m. to 6:00 p.m. daily, except Sunday.

(12)

McCaulley Court, a no outlet, one-way street for McCaulley Court East and McCaulley Court West for residential units of the said two parts of that no outlet courtyard, for which there is an established maintenance corporation, and for which the designation of "MC" shall be assigned to the residential parking district to distinguish these residential units accordingly.

Motor vehicles displaying the authorized municipal residential parking stickers are exempt only from the above-stated limited parking regulations, but shall be subject to any and all other parking and motor vehicle regulations within each special residential parking district.

(c)

The provisions of this section shall not affect existing curb parking prohibitions already in existence and which shall still be in full force and effect. Any person who violates this section by parking a commercial vehicle of greater than three-quarter-ton classification in excess of the present two-hour parking regulations shall be fined no less than $40.00 nor more than $110.00 for each offense.

(d)

The owner or the operator of a motor vehicle who resides within the area described in subsection (a) of this section and wishes to apply for the exemption specified in subsection (b) of this section shall file with the department of finance an application for a residential parking sticker. Residential parking stickers will not be issued for any motor vehicle which does not have a permanent registration plate; provided, however, that an owner or operator who meets all other requirements of this section, but who has only a temporary motor vehicle registration plate, may obtain from the department of finance a temporary residential parking sticker to consist of a sticker of a size and design determined by the director of finance and to contain the following information: The designation, temporary residential parking sticker, the temporary motor vehicle registration plate number and its expiration date, the same date to be the expiration date of the temporary residential parking sticker, the designation of the residential parking zone in which the sticker is to be valid, and any other pertinent information the director requires. When such owner or operator receives a permanent motor vehicle registration plate, he shall so advise the department of finance and obtain a permanent residential parking sticker. No temporary residential parking sticker shall be valid after its expiration date or the issuance of a permanent registration plate, whichever first occurs.

(1)

The following exceptions shall apply to this subsection:

The owner of real estate located within one of the restricted areas, except area Z, who operates a business or engages in a profession at that location which is licensed by the department of licenses and inspections of the city shall be entitled to a residential sticker.

The owner of real estate located in one of the restricted areas, except area Z, who leases his building to a tenant who operates a business or is engaging in a profession at that location which is licensed by the department of licenses and inspections shall be entitled to obtain a residential sticker for that tenant.

The aforesaid exceptions shall not apply and no residential parking sticker shall be issued to the owner of real estate who operates a business or engaged in a profession at that location or who leases the property to a tenant who operates a business or is engaged in a profession at such location, if there is on-site, off-street parking available for that location.

The aforesaid exceptions shall not apply to, and no residential stickers shall be issued for, any commercial or recreational vehicle, classified as an 11,000 pound registered vehicle weight or more, or 20 feet or more in length.

(2)

The department of finance shall publish a list of regulations and requirements to be followed with regard to this section.

(e)

Each application for a residential parking sticker shall contain the name of the owner or operator of the motor vehicle, his residential address, including, if applicable, the particular dwelling unit within a two-family or multifamily residence, the motor vehicle's make, model, registration number and the driver's license number of the owner or operator. The motor vehicle's registration and the owner's or operator's license must be presented at the time of making such application in order to verify the contents therein. In addition, the department of finance may require any additional documentation it may deem necessary in order to verify the applicant's residential address and the number of residential parking stickers which have previously been issued and are currently valid for that same residential address. The department shall maintain records of residential parking stickers issued for individual residences. No more than four residential parking stickers shall be validly in effect for any individual residence at the same time and no more than two residential parking stickers shall be validly in effect for any individual person at the same time, except in any case where other members of the household are living and operating additional vehicles. To be eligible for each additional sticker (up to four per household), members of the household must show proof of address, including if applicable, the particular dwelling unit within a two-family or multi-family residence, driver's license and vehicle registration. The burden of proof shall be upon the persons residing at a particular residence to demonstrate in their application, to the satisfaction of the department of finance that there is a continuing need for residential parking stickers previously issued before any additional parking stickers, up to the maximum of four stickers, for the same residence shall be issued and they shall be required to demonstrate that all vehicles for which residential parking stickers are issued for the same residence are in fact owned or operated by residents of that residence. If the application is approved, the department shall mail the residential parking sticker to the applicant's residential address, unless it has already been given to the applicant at the time of approval of the application. Making a false written statement on an application shall constitute the misdemeanor of making a false written statement, and the application form shall bear such warning.

(f)

The residential parking sticker shall be displayed on the right side of the rear bumper or on the exterior of the right side of the rear window of the motor vehicle. The residential parking sticker shall indicate that it is a city residential parking sticker and shall have the vehicle registration number and sticker expiration date plainly visible.

(g)

All residential parking stickers shall be renewed on a yearly basis.

(h)

There shall be no charge made for the issuance of a residential parking sticker.

(i)

The residential parking sticker program shall be effective for the areas set forth in this section upon installation by the department of public works of parking signs appropriate for the applicable limited parking regulations in effect in each area.

(j)

Invalid stickers.

(1)

An unexpired residential parking sticker will become invalid if the person to whom it was issued:

Either sells or otherwise conveys the motor vehicle for which the sticker was issued to another person; or

Moves to a new residence outside the special residential parking district in which he resided at the time he made his application for the sticker.

(2)

It shall be unlawful for any person to park a motor vehicle displaying an invalid residential parking sticker:

In a nonmetered, on-street parking space in the special residential parking area (other than area Z) for which the parking sticker was originally issued.

Issued for the Z special residential parking area in a metered, or nonmetered, on-street parking place in the Z district.

(3)

The fine for violation of this subsection shall be $40.00 for the first offense and $110.00 for every subsequent offense.

(Code 1968, § 37-48.1; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 1(d), 7-2-92; Ord. No. 93-027, § 1, 5-20-93; Ord. No. 93-046, § 1(q), (r), 7-8-93; Ord. No. 93-061, § 1, 9-16-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 94-029, § 1, 5-26-94; Ord. No. 95-003, § 1, 2-2-95; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 97-070, § 1, 10-2-97; Ord. No. 98-097, § 1, 9-30-98; Ord. No. 98-140, § 1, 12-10-98; Ord. No. 99-092, § 1, 9-30-99; Ord. No. 99-100(sub 1), § 1, 2-17-00; Ord. No. 99-107(sub 1), § 1, 3-16-00; Ord. No. 00-096(sub 1), § 1, 8-24-00; Ord. No. 00-128, § 1, 12-14-00; Ord. No. 00-138, § 1, 1-18-01; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 01-089, § 1, 9-6-01; Ord. No. 04-063, § 1, 8-26-04; Ord. No. 05-092, § 1, 11-2-06; Ord. No. 07-032(sub 1), § 1, 7-5-07; Ord. No. 08-049, § 1, 8-21-08; Ord. No. 09-078, § 1, 2-4-10; Ord. No. 10-015, § 1, 4-1-10; Ord. No. 10-033, § 1, 6-3-10; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 21, 7-8-10; Ord. No. 10-066(sub 1), § 1, 11-4-10; Ord. No. 10-057, § 12, 12-2-10; Ord. No. 11-004(sub 1), § 1, 2-3-11; Ord. No. 11-011, § 1, 4-7-11)

Editor's note—

It should be noted that Maps "X"; Map "Y"; Map "Z" referenced above are not set out at length herein, but are on file and available for inspection in the office of the city clerk.

Editor's note—

Ord. No. 10-015, § 1, adopted Apr. 1, 2010, repealed the former § 37-226(12), and enacted a new section as set out herein. The former § 37-226(12) pertained to similar subject matter and derived from Ord. No. 09-078, § 1, adopted Feb. 4, 2010.

Sec. 37-227. - In-home child or elderly person care or medical care service providers' eligibility for special residential parking district program.

(a)

Authorization. In any of the special residential parking district geographic areas established and administered pursuant to section 27-226 of this Code, the resident of a dwelling may obtain a special residential parking district sticker, subject to the administration of the otherwise applicable requirements of section 37-226, to be used by the motor vehicle owner or operator who provides in-home child or elderly person day care services or in-home health care medical services in such resident's dwelling. The authorization set forth herein shall be otherwise subject in all regards to the administration and enforcement of the provisions set forth in said section 37-226(a) through (j), specifically including the limitation of a total number of not more than four residential parking stickers to be validly in effect for any individual residence at the same time, as provided in section 37-226(e).

(b)

Administration and enforcement. The finance department is hereby authorized to promulgate rules and regulations consistent with this section and section 37-226 for the administration and enforcement of the in-home child or elderly person care or in-home medical care provider parking program herein authorized; provided that such rules and regulations are reviewed and approved by the administrative board.

(c)

Any person, including, but not limited to, the resident applying for or holding a special residential parking sticker pursuant to the provisions of this section, violating the requirements of this section or section 37-226, or both, shall be subject to and liable for a civil penalty in the amount established at Level 19.

(Ord. No. 96-012(sub 1), § 1, 6-7-96; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 22, 7-8-10)

Editor's note—

Ord. No. 93-046, § 1(s), adopted July 8, 1993, repealed former § 37-227, which pertained to parking on urban renewal land. Subsequently, Ord. No. 96-012(sub 1), § 1, adopted June 7, 1996, added a new § 37-227

(a)

It is unlawful to park any vehicle, other than a vehicle identified as provided in 21 Del. C. §§ 2134 and 2135, and as further provided in this section, within any area designated and conspicuously marked as a parking space or zone, as defined by the department of public works, for use by persons with physical disabilities that limit or impair the ability to walk, including any striped area adjacent to the actual parking area, whether such area is within a public right-of-way or otherwise under city control, or is under the control of an owner or lessee of private property. Any officer authorized to issue a parking citation may enforce the provisions of this section, and may with the authorization of the property owner enter upon private property that is generally accessible to the public for enforcement purposes. As used in this section, "conspicuously marked" means a sign that has been erected that substantially follows federal specifications for identifying a parking zone or space for use by persons with disabilities, with dimensions of at least 12 inches in width and 18 inches in height, and that included the internationally recognized wheelchair symbol of access. A person who violates any provision of this section shall receive a mandatory civil assessment in the amount established at Level 13 for the first offense, and a mandatory civil assessment in the amount established at Level 17 for any subsequent offense. Any city officer or employee responsible for a facility under city control may cause to be towed and stored at the owner's expense any vehicle that is parked in an off-street area serving the facility property in violation of this section, pursuant to 21 Del. C. § 4183 (c).

(b)

The commissioner of public works may designate and conspicuously mark parking spaces or loading and unloading zones for use by persons with physical disabilities on other property subject to city control, as follows:

(1)

Within the right-of-way of a street that abuts or serves nearby commercial or institutional occupants, and based upon a location-specific analysis of need, up to ten percent of the total spaces in any adjoining group of spaces not separated by a travel way, subject to any time or meter restrictions, and all designated spaces subject to time or meter restrictions shall permit parking for a minimum of two hours;

(2)

Within the right-of-way of a street abutting the residence of a person with a physical disability, a parking space designated for use by a specific permit holder, as provided in subsection (c) below, but not to exceed two spaces on each side of a street between any two intersecting streets;

(3)

Within any off-street parking area serving a facility under the control of the city, a sufficient number of parking spaces designated and located to comply with code provisions applicable to such facilities; and

(4)

Within the right-of-way of a street, a loading and unloading zone pursuant to an application under subsection (d) below.

(c)

The commissioner of public works may designate a parking space within a street right-of-way at or near the residence of, and for the exclusive use by, a person (i.) who holds a special license plate for persons with disabilities that limit or impair the ability to walk, issued by the state division of motor vehicles pursuant to 21 Del. C. § 2134(a), or (ii.) who holds a current permit under 21 Del. C. § 2135 for a permanent disability with no prognosis for improvement, as described in 21 Del. C. § 2134(a)(1)-(6), subject to the following conditions:

(1)

The application is made by or on behalf of the eligible person in accordance with regulations, procedures and fees adopted by the commissioner, with approval by the administrative board, that will provide for the application process and appropriate fees for the reinstallation of a unique permit number that will identify both the reserved parking space and vehicle tag number on a sign within a street right-of-way;

(2)

The application shall include evidence that a special license or permanent permit has been issued by the department of motor vehicles and is currently effective, and that no driveway, parking pad, or other off-street parking is available to the applicant;

If an applicant has a state disabled persons parking permit assigned to their home address and the state vehicle registration does not match the applicant's home address, then the commissioner of public works or his designee shall verify the placard with Deljis and require a copy of the applicant's driver's license to verify his/her current address.

(3)

The application shall include a statement from an employer, health care provider, or licensed social worker, explaining why it is necessary for the person with the disability to make two or more round trips per week from home by means of a privately-owned motor vehicle. The statement shall be notarized, or contain a statement acknowledging that it is made as an official statement for governmental use, and that any misrepresentation is subject to the penalties for making a false official statement;

(4)

No permit may be issued if there is already a minimum of two permitted spaces on the same side of the block where the applicant resides, and the new designation will result in more than ten percent of available parking spaces along the same side of the block;

(5)

If an increase in the ten percent of available parking along the same side of the block is desired, then the applicant must secure the approval of 75 percent of the property owners on the applicant's side of the block;

(6)

Parking spaces designated for non-profit use are not considered in the ten percent space allocation on the applicant's side of the block;

(7)

If off street parking is available, the applicant must secure the approval of 75 percent of the property owners on the applicant's side of the block before the applicant can be approved and a sign placed;

(8)

A city permit based upon a state permit pursuant to 21 Del. C. § 2135 shall not be valid beyond the renewal date for the state permit, and any identifying placard shall prominently display the expiration date, and upon new application and approval by the commissioner of public works based upon a new state permit and updated supporting information, the applicant may have a space re-designated under the same permit number as previously held; and

(9)

Every permit holder shall annually, on a date set by the commissioner, confirm in writing that the permit holder is residing at the same address, has a valid State of Delaware disabled persons parking permit, a valid vehicle registration in the State of Delaware and has no change in the conditions that require regular travel by private vehicle. Upon failure to provide written confirmation to the commissioner within 60 days of the annual renewal date, the permit shall be deemed expired and the commissioner of public works shall be authorized to remove the disabled parking sign or issue the permit to another qualified applicant on the same block.

(d)

The owner or agent of a residential facility for which (i.) there is no off-street parking at the main entrance, and (ii.) in which there are five or more persons with physical disabilities that limit or impair the ability to walk:

(1)

May apply to the commissioner of public works for designation of a curbside loading and unloading zone in close proximity to the entrance, not to exceed 30 feet in length. A vehicle stopped in the area must be attended by its driver or the driver's designee at all times and may not remain in the zone for more than five minutes; or

(2)

In the event that there are fewer than five persons with disabilities then the commissioner of public works shall authorize a maximum of two disabled parking spaces for the residence.

(e)

If a church or a similar agency requests disabled parking signs, then the sign shall be installed with an indication of the hours the space or spaces are needed on the sign.

(f)

In the event of a finding of continuous applicant misuse of a disabled parking space, the city will remove the disabled parking space.

(Code 1968, § 37-48.3; Ord. No. 91-041, § 1, 8-1-91; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(b), 7-2-92; Ord. No. 92-062(sub 1), § 1(o), 8-13-92; Ord. No. 93-053(sub 1), § 1, 8-19-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 94-063(sub 1), § 1, 10-20-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 97-007, § 1, 3-6-97; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 01-092, § 1, 11-1-01; Ord. No. 03-037(sub 1), § 1, 6-19-03; Ord. No. 04-066(sub 1), § 1, 11-4-04; Ord. No. 06-073, § 1, 12-13-06; Ord. No. 08-072, 11-6-08; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 23, 7-8-10)

Sec. 37-229. - Restricted parking areas reserved for buses of senior citizen centers.

(a)

No person shall park a vehicle in parking spaces in the city which have been identified for use only by senior citizen center buses which are clearly so identified or marked as such. Such restricted parking spaces shall be in front of senior citizen centers and the hours of restricted parking of motor vehicles in such spaces shall be such as deemed appropriate by the director of transportation and the police department.

(b)

The department of public works shall install or cause to be installed signs setting aside and identifying parking spaces that are reserved for use only by senior citizen center buses, such signs to show thereon the words: "PARKING—SENIOR CITIZEN CENTER BUSES ONLY."

(c)

Any person subject to and liable for violating subsection (a) of this section shall be punished by a civil penalty in the amount established at Level 3.

(Code 1968, § 37-48.4; Ord. No. 92-062(sub 1), § 1(p), 8-13-92; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 10-048, § 24, 7-8-10)

Sec. 37-230. - Restricted parking in street cleaning parking areas.

The department of public works is hereby authorized to establish limited parking provisions for street cleaning purposes consistent with the provisions of section 37-41 for specific locations, such areas to be marked and identified by signs indicating the specific hours of the specific days during which such street cleaning shall occur. Such authorization may also include temporary signs for purposes of special or seasonal street cleaning operations or programs. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(Ord. No. 92-062(sub 1), § 1(y)(37-48.5), 8-13-92; Ord. No. 93-046, § 1(t), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; 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, § 25, 7-8-10)

Sec. 37-231. - Parking in a safety zone or fire zone.

It shall be unlawful for the driver of a motor vehicle to stop, stand or park such vehicle in any painted or marked safety zone in violation of 21 Del. C. Ch. 70 (§ 7001 et seq.), whether on public or private property. Any person who violates the provisions of this section shall be subject to and liable for a civil penalty of not less than the amount established at Level 15 for each offense.

(Ord. No. 92-062(sub 1), § 1(l)(37-48.6), 8-13-92; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 26, 7-8-10)

Sec. 37-232. - Parking in spaces designated for official vehicles.

(a)

The driver of a vehicle shall not park such vehicle in any space upon any street marked by authority of the department of public works as being reserved for the exclusive use of vehicles owned by the city, the county, the state or the United States government or so designated, and the same are in the actual service of these organizations. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

(b)

It shall be unlawful for the driver of a motor vehicle to stop, stand or park such vehicle in any parking space or zone designated or marked by the department of public works for the exclusive use of the mayor of the City of Wilmington, any member of the city council of the City of Wilmington, or any other specifically designated elected or appointed official of the government of the city, the county, the state or the United States. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 8.

(Code 1968, § 37-49; Ord. No. 91-072(sub 1), § 5(37-49), 10-17-91; Ord. No. 93-046, § 1(u), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; 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, § 27, 7-8-10)

Sec. 37-233. - Parking commercial vehicles, recreational vehicles and boats.

No person shall park an oversized commercial or recreational vehicle, classified as an 11,000 pound registered vehicle weight or more or 20 feet in length of more, nor any boat, regardless of its weight or dimensions, on any day on any street in the city between the hours of 8:00 p.m. and 8:00 a.m. except during the time that such vehicle is actually loading or unloading or unless the driver has a lawful street storage permit issued by the department of licenses and inspections. Any person who violates the provisions of this section shall be subject to a civil penalty not less than the amount established at Level 14 for the first offense and not less than the amount established at Level 16 for the second and each subsequent offense.

(Code 1968, § 37-50; Ord. No. 93-046, § 1(v), 7-8-93; Ord. No. 98-091(sub 2), § 1, 9-30-98; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 01-056, § 1, 5-17-01; Ord. No. 06-055, § 2, 12-13-06; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 28, 7-8-10)

Sec. 37-234. - Vehicles incapable of being moved, etc.

No person shall leave parked upon a street or highway any vehicle not capable of being moved under its own power; or with deflated tires, or without current license tags; provided, however, no action shall be taken with regard to any parked vehicle less than 15 days after the expiration date designated on the license tag.

(Code 1968, § 37-53)

Sec. 37-235. - Temporary parking permits.

(a)

Authorization. There is hereby authorized the issuance by the finance department of temporary parking permits for up to six months each, renewable for an additional term of six months, so as not to exceed 12 months in total duration. Such temporary parking permits shall be issued only for purposes of assisting the owners of properties that are being substantially renewed or rehabilitated as determined by the finance department, and shall authorize exemption from only the applicable limited parking requirement and not from any other motor vehicle parking requirements. No temporary parking permit shall be issued except upon proof provided to the finance department that the owner seeking such permit has obtained the required building permit(s) for the subject property. Each such temporary parking permit, or renewal of such permit shall be subject to the prior payment of a $50.00 nonrefundable fee. The finance department shall be authorized to suspend or revoke a temporary parking permit for reasons related to fraudulent obtaining of such permit, abuse of the terms of a permit that has been issued or renewed, or such other reasons deemed proper by the finance director.

(b)

Forms, rules and regulations. The finance department shall be authorized to develop such forms, rules and regulations in connection with the permits, their issuance or renewal, as deemed necessary, subject to the review and approval of the administrative board.

(Ord. No. 98-047(sub 1), § 1, 5-7-98)

Editor's note—

Ord. No. 93-046, § 1(w), adopted July 8, 1993, repealed former § 37-235, which pertained to parking on sidewalks. See § 37-223(a)(8) for regulations regarding parking on sidewalks. Subsequently, Ord. No. 98-047(sub 1), § 1, adopted May 7, 1998, added a new § 37-235 to read as herein set out.

Sec. 37-236. - Parking of vehicle displayed for sale.

It shall be unlawful for any person to park upon a street any vehicle displayed for sale. Any person found responsible for a violation of this section shall be subject to and liable for a civil penalty in the amount established at Level 3.

(Code 1968, § 37-55; Ord. No. 93-046, § 1(x), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 28, 7-8-10)

Sec. 37-237. - Parking for primary purpose of displaying advertising.

It shall be unlawful for any person to park upon a street any vehicle for the primary purpose of displaying advertising. A violation of the provisions of this section shall be punishable by a civil penalty in the amount established at Level 3.

(Code 1968, § 37-56; Ord. No. 93-046, § 1(y), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 29, 7-8-10)

Sec. 37-238. - Bus stops and taxi stands.

(a)

The commissioner of public works shall establish bus stops and stands for taxicabs on such streets, in such places and in such numbers as he may determine to be of the greatest benefit and convenience to the public, and every such stop and stand shall be designated by appropriate signs or markings.

(b)

It shall be unlawful for the driver of any vehicle other than a bus to stand or park in an officially designated bus stop; except that the driver of any passenger vehicle may temporarily stop in any such place for the purpose of any while actually engaged in letting one or more persons in or out of such vehicle. Buses operating on regular schedules may stop, stand or park for such periods of time at such bus stops and at such other officially authorized places on the roadways as may be required to enable such buses to fulfill their schedules and afford adequate service. Any person violating any of the provisions of this subsection shall be subject to a civil penalty in the amount established at Level 6. This provision shall be enforceable from 6:00 a.m. to 7:00 p.m. unless otherwise posted and shall be enforceable to 11:00 p.m. if so posted on Monday through Friday and from 6:00 a.m. to 7:00 p.m. on Saturday.

(c)

It shall be unlawful for the driver of a taxicab to stand or park such vehicle upon any street other than at a designated stand; except, that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in receiving or discharging passengers.

(d)

It shall be unlawful for the driver of any vehicle other than a taxicab to stand or park in an officially designated taxicab stand, or for any vehicle other than a taxicab to stand or park in an officially designated public taxi stand; except that the driver of any vehicle may temporarily stop in any such stand for the purpose of and while actually engaged in receiving or discharging passengers. A driver found responsible for a violation of the provisions of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(e)

It shall be unlawful for any person to use the streets of the city for parking purposes for vehicles designed to carry persons or personal property for hire, except upon permits granted by the commissioner of public works or his designee after due application made; provided, however, that this provision shall not apply to the time necessary to be consumed by such vehicles in loading or loading and unloading. A driver found responsible for a violation of the provisions of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(f)

No bus, including any charter bus, shall be permitted to stand in front of its authorized terminus in the city longer than is necessary to discharge its passengers and take on passengers, but at no time for more than ten consecutive minutes. Any operator of a bus who violates this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(Code 1968, §§ 37-11.1, 37-57; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(b), 7-2-92; Ord. No. 92-062(sub 1), § 1(m), 8-13-92; Ord. No. 93-046, § 1(z), (aa), 7-8-93; Ord. No. 93-068, § 1, 10-7-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 31, 7-8-10)

Sec. 37-238.1. - Taxicab stands at hotels of 20 or more rooms.

(a)

Authority. The commissioner of public works is hereby authorized to establish and designate at his discretion the number of spaces and each specific location for taxicab stands to be located at hotels in which there are 20 or more rooms, in accordance with the following conditions:

(1)

When, as and if requested by the hotel management; and

(2)

The number of spaces for taxicab stand parking shall be determined by the commissioner of public works; and

(3)

The location of the spaces constituting the taxicab stand shall be adjacent to the hotel building, in a specific location that is mutually agreeable to both the commissioner of public works and the hotel management.

(b)

Violation and penalty. Any taxicab stand at a hotel of 20 or more rooms that is not established and designated by the commissioner of public works, or any taxicab stand existing as of October 1, 1995, that is not subsequently approved by the commissioner of public works, shall constitute a violation of the provisions of this section and shall subject both the hotel management and the taxicab operator to a civil penalty in an amount not less than that established at Level 14.

(Ord. No. 95-063, § 1, 10-19-95; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 32, 7-8-10)

Sec. 37-239. - Loading, unloading buses.

No bus, including any charter bus, shall be permitted to stand on any street in the city, except at its authorized terminus in the city, for a longer time than is actually necessary to receive or discharge passengers.

(Ord. No. 92-053(sub 1), § 8(a)(25-13), 7-2-92; Ord. No. 93-046, § 1(aa), 7-8-93)

Sec. 37-240. - Operations of regularly scheduled, specialized bus services.

(a)

All persons who are engaged in the business of operating a bus or buses for hire, licensed pursuant to chapter 5 of this Code, and which business, in whole or in part, is operating on a regular basis of providing scheduled bus service on a daily basis for the specialized purpose of transporting passengers to and from one or more events or activities, such as but not limited to casino gambling, or amateur or professional sports, shall be required to pick up and discharge passengers only at locations and at times as are designated and approved by the director of transportation. In addition:

(1)

Any such locations shall be outside of any area of the city which is predominantly residential, unless the director has determined that a location, which includes, or is in close proximity to, an off-street parking area in a residential neighborhood, is available and is large enough to be suitable for such use without unreasonably disturbing nearby residents and, further, that there is adequate space at such location or in the surrounding area for the parking of motor vehicles of such bus passengers.

(2)

The operation of any such buses at any such location in or near a residential neighborhood shall be conducted in such a manner as to minimize, particularly before 7:00 a.m. and after 9:00 p.m. of any day of the week, the effects of such operation on the peace and repose of nearby residents.

(3)

In the enforcement of this section, the director may issue a cease and desist order to the licensee for violations of any of the provisions of this section.

(b)

Any operator of a bus service found in violation of the provisions of this section shall be subject to and liable for a civil penalty of not less than that established at Level 24 for the first offense and by a penalty of not less than that established at Level 27 for the second and each subsequent conviction involving the same person or the same business. Such penalties shall not be subject to suspension or reduction for any reason.

(Code 1968, § 37-57.1; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-053(sub 1), § 24(b), 7-2-92; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 33, 7-8-10)

Sec. 37-241. - Restricted parking in tow-away zones.

The department of public works is authorized to establish tow-away zones on any street in the city, provided that the specific location is authorized by regulation or ordinance consistent with section 37-41 and that signs are posted identifying the specific hours of the specific days during which parking in such zones will subject the vehicle to being towed away. Any person found responsible for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 6.

(Ord. No. 93-046, § 1(t), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; 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, § 34, 7-8-10)

Sec. 37-242. - Restricted parking areas or spaces reserved for health care vans.

(a)

No person shall park a vehicle in any parking space anywhere in the city which has been identified for use by health care vans which provide mobile health services to city residents and which are clearly so identified or marked as such. Such restricted parking spaces may be in close proximity to hospitals or senior citizen housing, as the case may be, and the hours of restricted parking in such spaces shall be such as deemed appropriate by the director of transportation and the police department.

(b)

The department of public works shall install or cause to be installed signs setting aside and identifying parking spaces reserved for use only by health care vans, such signs to show thereon the words: "Parking—Health Care Vans Only During the Hours of …"

(c)

Any person found responsible for a violation of subsection (a) of this section shall be subject to and liable for a civil penalty in the amount established at Level 4.

(Ord. No. 93-034, § 1, 6-17-93; 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, § 35, 7-8-10)

Sec. 37-243. - Student parking sticker pilot program in the central business district.

Authorization terminated. Except as otherwise provided in this subsection, the authorization for the student parking sticker pilot program shall be terminated and of no further force and effect as of June 30, 2011, or the expiration date of each student parking sticker whichever first occurs.

(a)—(i)

Reserved.

(j)

Invalid stickers.

(1)

It shall be unlawful for any person to park a motor vehicle displaying an invalid student parking sticker:

In a non-metered on-street parking space in the central business district.

(2)

The fine for conviction of a violation of this subsection shall be $40.00 for the first offense and $75.00 for every subsequent offense.

(3)

The provisions of this subsection shall expire as of December 1, 2010.

(Ord. No. 98-048, § 1, 4-23-98; Ord. No. 00-019, §§ 1—6, 3-2-00; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 36, 7-8-10; Ord. No. 10-066(sub 1), § 2, 11-4-10)

Sec. 37-244. - Parking program for patrons of certain nonprofit organizations.

(a)

Authorization. There is hereby authorized, initially within the boundaries of the fifth council district only, a non-profit parking permit program, for the purpose of exempting patrons of certain non-profit organizations from limited parking requirements while transacting business at the organization.

(b)

Criteria. The building manager for any building in which any eligible non-profit organization may obtain no more than three non-profit parking permits to be used only by patrons of an eligible non-profit organization. Under no circumstances shall any employee of an eligible non-profit organization use a permit for the purpose of parking during scheduled business hours, for up to three hours.

(c)

Eligibility. A non-profit organization seeking to participate in the program must present an application to the department of finance containing the name of the organization and its location, proof of its status as a non-profit organization and proof that there is no contiguous off-street parking available to patrons. The organization shall also present a petition in support of its request from 80 percent of the residents and/or business owners located on the block in which the non-profit site is located.

(d)

Requirements. Patrons using a non-profit patron parking permit shall conspicuously display the permit on the front dashboard above the steering wheel, and the permit must be fully readable from the exterior of the vehicle.

(e)

Implementation; review of program. The department of public works shall develop such non-profit patron parking permits within 30 days following the effective date of this subsection. This program will be reviewed for effectiveness after one year of operations.

(Ord. No. 00-049, § 1, 5-25-00)

Sec. 37-245. - Restricted parking adjacent from urban schools.

(a)

No person with the exception of a person whose vehicle has a valid residential parking sticker shall park a vehicle in any parking space anywhere in the city which has been identified for use by staff of urban schools, meaning any primary or secondary school in the city and which are clearly so identified or marked as such. Such restricted parking spaces may be immediately adjacent or in close proximity to urban schools, meaning any primary or secondary school in the city, serving residential areas, as the case may be, and the hours of restricted parking in such spaces shall be such as deemed appropriate by the commissioner of public works.

(b)

The department of public works shall install or cause to be installed signs setting aside and identifying parking spaces reserved for use only by urban schools, meaning any primary or secondary school in the city, staff automobiles, such signs to show thereon the words: "Parking Authorized Urban Schools, Meaning any Primary or Secondary School in the City, Staff Only During the Hours of…"

(c)

Any person found responsible for a violation of subsection (a) of this section shall be subject to and liable for a civil penalty in the amount established at Level 3.

(Ord. No. 00-125, § 1, 12-7-00; Ord. No. 10-048, § 37, 7-8-10)

Sec. 37-246. - Removal of vehicles blocking driveways.

Whenever any vehicle of any kind or character shall be found parked or left unattended in a manner so as to block any driveway, or any private parking space, access to which is only available by means of a driveway within the city, whether such vehicle is wrecked, abandoned or parked in violation of any law of the state, or of the provisions of this section, or of any other ordinance of the city or any regulations issued by the chief of police now or hereinafter in force, or if such vehicle shall be seized for any violation thereof, such vehicle may be removed by authority of the police department or by authority of the department of licenses and inspection, to an official pound.

(Ord. No. 01-085(sub 1), § 1, 9-6-01)

Cross reference— General authority; inspection of buildings, dwellings, etc., generally; right of entry of enforcement officer, § 37-121

State law reference— Stopping, standing or parking—Generally, 21 Del. C. § 4178 et seq.

Sec. 37-247. - Daycare providers' eligibility for special drop-off zones.

(a)

Authorization. The owner/operator of a licensed child daycare center, as defined by 31 Del. C. § 390, may obtain a special drop-off zone, to be used for the motor vehicles of parents or guardians of children enrolled in the child daycare center, for the purpose of temporarily parking to allow the child to enter and exit the facility. The authorization set forth herein shall be otherwise subject to the administration and enforcement of the provisions set forth in chapter 37 of the City Code.

(b)

Administration and enforcement. The department of public works ("department") is hereby authorized to promulgate rules and regulations consistent with this section for the administration and enforcement of the parking zones herein authorized; provided that such rules and regulations are reviewed and approved by the administrative board.

(c)

Any person in violation of the requirements of this section, or the limitations of the posted zones, shall be subject to and liable for a civil penalty in an amount not less than that established at Level 10.

(d)

Guidelines. A licensed child daycare center, following the filing by the owner/operator of an application with the department, may be approved to provide a drop-off zone on the side of or in the front or rear or side of the licensed child daycare center, provided that the department of public works reviews such applications, taking into consideration:

(1)

Danger relating to existing traffic patterns, e.g., traffic accident history, volume, speed limits; and

(2)

Proximity to intersections; and

(3)

Notice to the neighbors within a one block radius, and opportunity for the said neighbors to voice support for or opposition to the zone; and

(4)

Other restricted parking within a one block radius of the zone; and

(5)

The possible creation of parking, or any other hardship, within a one block radius of the zone; and

(6)

Amount of space requested or needed for an adequate and safe zone; and

(7)

Availability of off-street parking and its proximity to the child daycare center's entrance; and

(8)

Maximum number of clients that the particular child daycare center can serve.

(e)

Advisory report. The department's recommendation should be advisory only and any approval of a drop-off zone shall be determined by a majority of council.

(f)

Prior approval. The department is prohibited from erecting any child drop-off signs prior to approval of council.

(g)

Registration. A $25.00 registration fee shall be required, renewable every two years, for all approved zones.

(Ord. No. 02-030(sub 2), § 1, 9-5-02; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 38, 7-8-10)

Sec. 37-248. - Valet parking/valet service zones.

(a)

Definitions.

(1)

Valet parking is defined as the act of taking a vehicle from the street, whether or not a fee is charged, and parking it for the vehicle operator, but attendant parking at a licensed parking lot or garage shall not constitute valet parking.

(2)

Valet parking operator is defined as any person or entity that provides the service of valet parking.

(3)

Valet parking/valet service zone is defined as the area adjacent to a curb reserved for the exclusive use of vehicles for the expeditious loading and unloading of passengers and to turn control of the vehicle over to a valet parking operator for the expeditious removal of the vehicle from the valet parking zone to a licensed off-street parking facility.

(4)

Valet service is defined as the act of delivery of lawful goods from an immediately adjacent place of business to an operator of a vehicle temporarily stopped within the valet parking/valet service zone for not more than the allotted time.

(b)

Criteria for valet parking/valet service zone designation. Upon the application of any business or businesses, the commissioner of public works may designate a curb as a valet parking zone for specified days and hours if the commissioner determines that such valet parking zone is necessary and justified by traffic conditions and business operations of the applicant. In making that determination, the commissioner shall consider

(1)

The existing parking regulations and controls at the proposed location,

(2)

The existing property uses at the location,

(3)

The presence of other valet parking zones in the area, and

(4)

Such other factors as the commissioner determines are relevant to the necessity and justification for the valet parking zone.

(c)

Permit application for valet parking/valet service zone designation. An application for valet parking zone designation shall be made on a form provided by the commissioner. If the commissioner approves the application, then the commissioner shall issue a permit for the valet parking zone upon payment of the fees set forth in subsection (d). The permit shall specify:

(1)

The area and location of the zone, which shall be limited to the perimeter of the applicant's property;

(2)

The days and hours permitted for operation; and

(3)

Such other conditions as the commissioner may reasonably prescribe.

Permits shall not be transferable and shall be valid for no more than one year, but may be renewed annually upon payment of an annual renewal fee in the amount set forth in subsection (d).

(d)

Permit fees for valet parking/valet service zone designation. The permit fee for valet parking zone designation shall be $50.00 annually for each 20 feet of curb space, plus an additional $25.00 annually for each parking meter that must be removed to designate the valet parking zone.

(e)

Signage for valet parking/valet service zone designation. The department of public works shall post signs indicating the location and hours of operation of each valet parking zone for which a permit has been granted.

(f)

Traffic restrictions in valet parking/valet service zones. No person shall stop, stand or park a vehicle in a valet parking zone during its posted hours of operation for any purpose other than the expeditious loading or unloading of passengers and to turn control of the vehicle over to the valet parking operator. Valet parking operators must expeditiously remove vehicles from the valet parking zone to a licensed off-street parking facility. Valet service vehicles shall vacate the zone upon receipt of the goods.

(Ord. No. 04-011(sub 1), § 1, 4-15-04)

Editor's note—

Ord. No. 04-011(sub 1), § 1, adopted April 15, 2004, amended the Code with the addition of a new section 37-225. In order to avoid the duplication of section numbers, the provisions of said ordinance have been included herein as new section 37-248 at the discretion of the editor.

Sec. 37-249. - Prohibited blocking of parking spaces.

(a)

It shall be unlawful for any person to set out cones, chairs or any other object on any city street for the express purpose of blocking on-street parking spaces and preventing others from lawfully parking in such spaces. These items shall be considered to be trash and debris.

(b)

Any person who is found responsible for a violation of this section, unless some other penalty is specifically mandated, shall be subject to and liable for a civil penalty of not less than that established at Level 7 for the first offense and of not less than that established at Level 11 for each subsequent violation.

(c)

At the discretion of the chief of police, or his designee, enforcement of this ordinance may be waived in writing and in advance for yearly neighborhood special events and snow.

(Ord. No. 05-056(sub 1), § 1, 10-20-05; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 39, 7-8-10)

Sec. 37-250. - Parking school buses.

No person shall park a school bus more than one block from a school or cultural facility to include but not limited to theaters, playhouses, opera houses, zoos, museums and libraries, on any day on any street in the city between the hours of 8:00 a.m. and 8:00 p.m. except during the time that such vehicle is actually loading or unloading passengers. Any person who violates the provisions of this section shall be fined not less than $110.00 for the first offense and not less than $160.00 for the second and each subsequent offense.

(Ord. No. 08-029, § 1, 4-17-08)

Secs. 37-251—37-260. - Reserved.