DIVISION 1. - GENERALLY

One representative of a nonretail establishment employing more than 100 employees in the downtown area, who shall be appointed by and serve at the pleasure of the mayor;

Two representatives of retail establishments that are located in the downtown area, who shall be appointed and serve at the pleasure of the mayor.

All of the aforesaid board members, except in subsections m. and n., the nonretail and retail establishment representatives who are appointed by and serve at the pleasure of the mayor, may be representative at any meeting of the board by designees authorized in writing to do so.

(2)

Functions. The Market Street Mall Review Board shall perform the following functions:

Review and approve or disapprove generally all activities on the Market Street Mall, including but not limited to street selling, carnivals, parades, fairs, concerts, merchant displays, special events, speakers and similar activities, but not including street vending operations as regulated by the provisions of division 3 of this article;

(2)

Review and approve or disapprove the use of the Market Street Mall for outdoor cafes;

(3)

Consider and make recommendations to the city council for amendments to this Code concerning the Market Street Mall for the health and safety of the public; and

(4)

Promulgate such rules and regulations and in connection with mall activities including vending activities, subject to review and approval by the administrative board, and delegate to the WDBID vending committee the powers and duties as enumbered in subsection (b) hereof.

(b)

WDBID vending committee of the board.

(1)

The vending advisory committee ("committee") of the Market Street Mall Review Board ("board") shall be comprised of the following members of the board:

The executive director of the Wilmington Downtown Business Improvement Districts ("WDBID"), who shall chair the committee;

The representative of the Wilmington Economic Development Corporation ("WEDCO");

The downtown merchant who is the official representative of the downtown business association;

The representative of a nonretail establishment employing more than 100 employees in the downtown area; and

One of the two representatives of retail establishments that are located in the downtown area, who shall be selected by a majority of all other members of the board to serve on the committee at the pleasure of the board.

An employee of the department of licenses and inspections shall be an ex officio, advisory and nonvoting member of the committee.

(2)

The WDBID vending committee shall have the authority to make recommendations to the mayor and council concerning policy issues and shall have administrative authority over vending activities, including but not limited to:

Staffing the WDBID vending committee and the drafting of rules and procedures in connection with Market Street Mall vending activities;

Establishing and administering the application process;

Screening of vendors;

Setting criteria for vending equipment and appearance;

Determining vending locations;

Recommending issuance of vending permits by the city without which any vending activity shall be invalid and illegal;

Collecting vending rents and fees; those rents and fees, excluding city license fees and city permit fees, shall be applied against the cost of running the WDBID vending program and shall be accounted for separately;

Setting the rents for all categories of vendors;

Setting the exact hours of operation of all vending activities;

The recording of all complaints by or about vendors;

The making of recommendations to the department of licenses and inspections to grant, suspend, revoke, or deny issuance or reissuance of, any business license and the recommendation of imposition of any fines or penalties for violations of the provisions of any applicable city ordinance or regulations; and

Regulating all vendors in the WDBID area, including those of nonprofit organizations, one day vendors, sidewalk sales, and any other authorized vending or Market Street Mall activity.

(3)

The WDBID vending committee ("committee") shall have overall responsibility for the administration and operation of the Market Street Mall vending activities as authorized by the provisions of this chapter and chapter 5 of the city Code. To that end, the committee shall make recommendations to the department of licenses and inspections regarding the issuance of permits, the issuance, suspension, revocation, or denial of reissuance, as applicable, of city business licenses and recommendations as to any other matter involving enforcement of the city Code and regulations and rules pertaining to Market Street Mall vending activities. Further, the rules and regulations of the WDBID committee shall be reviewed and approved by the administrative board prior to their applicability.

(Code 1968, § 45-140; Ord. No. 92-053(sub 1), § 1(j), 7-2-92; Ord. No. 94-071(sub 1), § 3, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Cross reference— Boards, commissions and similar entities, § 2-56 et seq.

Sec. 42-497. - Operation and parking generally.

All owners and operators of motor vehicles are prohibited from operating or parking, or both, any motor vehicle on that portion of Market Street from Seventh to Ninth Street except:

(1)

Official emergency vehicles of the police and fire departments and ambulances.

(2)

Department of public works, Conectiv and Verizon vehicles which may at times enter upon the Market Street Mall with vehicles and equipment as may be necessary for the purpose of carrying out their respective services on the mall.

(3)

Commercial delivery or trash collection vehicles with a maximum of two axles subject to the following conditions:

Vehicles are permitted only when servicing buildings not having an entrance on another street. Exceptions to this condition require the approval of the director of transportation. Vehicles that are permitted to be on the Market Street Mall pursuant to this section shall be required to have displayed in the vehicle a permit issued by the city evidencing the authorization and permission for the vehicle to be on the Market Street Mall at the time and in the place that the vehicle is located.

Vehicles may enter the mall only between the hours of 5:00 a.m. and 11:00 a.m. and between the hours of 2:00 p.m. and 6:00 p.m. seven days per week. All such vehicles shall be removed from the mall by 11:00 a.m. and by 6:00 p.m., respectively, seven days per week.

Vehicles shall proceed on the mall only in a northbound direction as approved by the department of public works.

Vehicles may stand only while loading or unloading is in progress with the police and fire departments having the authority to limit the number of vehicles on the mall at any one time, or to order removal of any vehicles from the mall at any time. Standing vehicles must be located so that a 15-foot clearance is maintained for an emergency vehicle lane. All vehicles shall stand parallel to the street lines of the mall.

(4)

Construction and maintenance vehicles may enter upon the mall for the purpose of reconstruction, alteration or renovation of premises situated on the property abutting the mall only by special permit issued by the department of licenses and inspections and kept in the possession of the vehicle operator. Such vehicles are permitted to remain on the mall only as long as their presence is necessary to such construction.

(5)

Special public transit vehicles which have a permit issued by the department of licenses and inspections to operate on the Market Street Mall.

(6)

Such drivers or valet service of passenger vehicles shall have no more than 15 minutes time for the sole purpose of giving the driver of the vehicle such time to load and unload passengers, between the hours of 6:00 p.m. and 12:00 a.m.

(7)

A driver found responsible for a violation of any of the provisions of this section shall be subject to and liable for a civil assessment in the amount established at Level 3.

(Code 1968, § 45-136; Ord. No. 92-053(sub 1), § 1(j), 7-2-92; Ord. No. 92-075, § 1, 11-5-92; Ord. No. 94-024(sub 1), § 1, 4-21-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 01-042(sub 1), § 1, 5-3-01; Ord. No. 10-048, § 43, 7-8-10)

Sec. 42-498. - Riding bicycles; roller skating.

Riding of bicycles or roller skating on the Market Street Mall is prohibited at all times.

(Code 1968, § 45-137)

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

Sec. 42-499. - Yield crossings.

Yield signs are to be installed and maintained on the following streets:

(1)

On Ninth Street at the Market Street Mall, to require all vehicles to yield to pedestrians and/or vehicles crossing at Ninth Street.

(2)

On Eighth Street at the Market Street Mall, to require all vehicles to yield to pedestrians and/or vehicles crossing at Eighth Street.

(3)

On Seventh Street at the Market Street Mall, to require vehicles to yield to pedestrians and/or vehicles crossing at Seventh Street.

(4)

On Fifth Street at the Market Street Mall, to require all vehicles to yield to pedestrians and/or vehicles crossing at Fifth Street.

(Code 1968, § 45-138)

Sec. 42-500. - Market Street Mall—Sandwich boards prohibited.

(a)

Notwithstanding any provision of this chapter to the contrary, the use or display of sandwich boards on the Market Street Mall is prohibited. For purposes of this section, a "sandwich board" is defined as a type of sign setting forth information of a commercial nature, or any other information, of varying size but consisting of a triangular shape with information provided on two sides, the third "side" being or resting on the Mall. Any violation of the provisions of this section shall be punishable by a fine in an amount not less than $100.00.

(Ord. No. 98-084, § 1, 8-6-98)

Secs. 42-501—42-515. - Reserved.