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Chapter 27
Vehicles, Traffic, and Parking
Article I
In General
Section 27-1
Introduction
Section 27-2
Definitions
Sections 27-3 to 27-5 Reserved
Article II
Traffic Signs and Signals
Section 27-6
Official Traffic Signs and Signals
Section 27-7
Obedience to Traffic Signs and Signals
Section 27-8
Traffic Control Signal Legend
Section 27-9
Traffic Lanes and Directional Signs
Section 27-10 Interference with Signs, Signals, and Marking Prohibited
Section 27-11 Display of Unauthorized Signs, Signals, and Markings Prohibited
Sections 27-12 to 27-15 Reserved
Article III
Pedestrians' Rights and Duties
Section 27-16 Crosswalks and Safety Zones
Section 27-17 Pedestrians' Right of Way
Section 27-18 Pedestrians' Rights and Duties at Controlled Intersections
Sections 27-19 to 27-20 Reserved
Article IV
Coaches and Railroad Trains
Section 27-21 Passing of Coaches
Section 27-22 Boarding or Alighting from Coaches or Vehicles
Section 27-23 Railroad Trains Not to Block Street
Sections 27-24 to 27-25 Reserved
Article V
Stopping, Standing, and Parking
Section 27-26 Stopping Prohibited in Specified Places
Section 27-27 Standing for Loading or Unloading Only in Certain Places
Section 27-28 Coach and Bus Stops - Taxicab and Public Livery Stands
Section 27-29 Limited Parking and No Parking
Section 27-30 Spaces for Official Cars
Section 27-31 Limited Parking for Cleaning Streets
Section 27-32 Driving or Parking on Sidewalks Prohibited
Section 27-33 Curb Parking
Section 27-34 Parking of Vehicles for Sale Prohibited
2700
Section 27-35 Vehicles for Primary Purpose of Displaying Advertising Prohibited
Section 27-36 Parking Permitted on Both Sides of One-Way Streets
Section 27-37 Parked Vehicles Must be Left in Proper and Safe Condition for Standing
Section 27-38 Wrecked, Abandoned, Seized, or Illegally Parked Vehicles
Section 27-39 Parking of Truck Tractors and Trailers at Certain Hours Prohibited
Section 27-40 Parking of Vehicles Incapable of Self-Mobility
Section 27-41 Prohibiting of Boat Docking at Certain Hours
Sections 27-42 to 27-45 Reserved
Article VI
Operation of Vehicles and Coaches
Section 27-46 Boulevard or Through Traffic Streets
Section 27-47 One-way Traffic Streets
Section 27-48 General Operating Directions
Section 27-49 The Making of Right or Left Turns
Section 27-50 Operation of Vehicles on Approach of Authorized Emergency Vehicles
Section 27-51 Following Fire Apparatus Prohibited
Section 27-52 Crossing Fire Hose
Section 27-53 Unlawful to Drive Through Procession
Section 27-54 Emerging from Alley or Private Driveway
Section 27-55 Limitations on Turning Around
Section 27-56 Limitation on Backing
Section 27-57 Obstruction of Driver's View or Driving Mechanism
Section 27-58 Unlawful Riding
Section 27-59 Riding on Vehicle or Coach without Consent of Driver Prohibited
Section 27-60 Clinging to Moving Vehicles or Coaches Prohibited
Section 27-61 Use of Wheels with Metal Treads Restricted
Section 27-62 Duty to Stop in Event of Accident
Section 27-63 Use of Anti-Skidding Devices
Section 27-64 Flag or Light at End of Load
Section 27-65 Speed of Motor Vehicles and Coaches
Section 27-66 Persons Under Influence of Intoxicating Substances Operating Vehicles
Section 27-67 Drag Racing
Section 27-68 Operation and Regulation of Powered River Craft
Section 27-69 Storage Fees for Impounded Vehicles
Sections 27-70 to 27-75 Reserved
2701
Article VII
Size and Weight of Motor Vehicles and Loads
Section 27-76 In General
Section 27-77 Exceptions
Section 27-78 Weights of Vehicles and Loads
Section 27-79 Permits for Excessive Size and Weight
Section 27-80 Police Officers' Authority to Weigh Vehicles
Section 27-81 Penalties
Section 27-82 Jurisdiction
Sections 27-83 to 27-85 Reserved
Article VIII
Penalties and Miscellaneous
Section 27-86 Penalties
Section 27-87 Owner Prima Facie Responsible for Illegal Parking
Section 27-88 Public Employees To Obey Traffic Regulations
Section 27-89 Exceptions to Authorized Emergency Vehicles
Section 27-90 Persons Propelling Push Carts or Riding Bicycles or Animals to Obey
Traffic Regulations
Section 27-91 Other Violations
Sections 27-92 to 27-95 Reserved
History: Unless otherwise stated, this Chapter was Ordinance 20011 (adopted October 7, 1957).
Section 27-38 was Ordinance 2005 (adopted February 13, 1967), Section 27-39 was Ordinance
20062 (adopted July 14, 1969), Section 27-40 was Ordinance 2007 (adopted February 8, 1971),
Section 27-41 was Ordinance 2009 (adopted May 13, 1991), and Section 27-68 was Ordinance
2002 (adopted December 2, 1959). Article VII was Ordinance 2008 (adopted March 8, 1971).
1 As amended by Ordinance 2003 (adopted December 2, 1959).
2 As amended by Ordinance 2006A (adopted September 14, 1970).
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Section 27-1
Vehicles, Traffic, and Parking
Section 27-2
Article I In General
Section 27-1 Introduction
That on and after October 7, 1957 all driving and vehicular traffic and coaches, as well as
pedestrians, on the public streets of Delaware City, Delaware, shall comply with and be bound by
the following rules and regulations which shall be supplement the Motor Vehicle Laws of the
State of Delaware; provided, however, that drivers of vehicles and coaches, and pedestrians shall,
in case of emergency, comply with any direction by voice, hand, whistle, or signal of any officer
of the police force.
Section 27-2 Definitions
Wherever in these Rules and Regulations the following terms are used, they shall have
the meanings respectively ascribed to them in this Section, except as otherwise specially
indicated, and any such term used in the singular shall be held to include the plural.
a.) Authorized Emergency Vehicle: All Fire and Police vehicles and all public
ambulances are designated AUTHORIZED EMERGENCY VEHICLES. Private ambulances,
emergency vehicles of public service corporations, and such other emergency vehicles as are
designated or authorized by the Mayor, when so designated or authorized, shall be
AUTHORIZED EMERGENCY VEHICLES.
b.) Bus: Any self-propelled motor vehicle exclusively using gasoline, oil, or other similar
fuel not confined to rails or a fixed path and used for the transportation of the public upon a
roadway.
c.) Coach: A device for passenger transportation (commonly called an electric trackless
trolley coach), equipped with tires of rubber or other resilient materials, not operations on rails,
propelled by electrical energy supplied through overhead wires, which device may also contain
auxiliary means for self-propulsion by a motor vehicle exclusively using gasoline, oil or other
similar fuel.
d.) Coach and Bus Stop: The area or space within a roadway set apart by authority of the
Mayor for the use of coaches and buses and protected or so marked or indicated by official signs
or markings as are approved by the Mayor for making same visible at all times while set apart as
a coach and bus stop.
e.) Commercial Vehicle: Any motor vehicle registered as a commercial vehicle and used
principally for carrying things other than passengers and including a motor vehicle to which has
been added a cabinet box, platform rack or other equipment for the purpose of carrying
merchandise.
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Section 27-2
Vehicles, Traffic, and Parking
Section 27-2
f.) Construction Equipment: All types of construction vehicles and equipment, including,
but not limited to, air compressors, bulldozers, road graders, cement mixers, paving machinery,
roller, well drilling machinery, concrete breakers, backhoes, cranes, front end loaders and
welding equipment. Equipment owned by the Mayor and Council of Delaware City is excluded
from the provisions of this Chapter.
g.) Crosswalk: That portion of a roadway ordinarily included within the prolongation or
connection of curb and property lines at intersections, or any other portion of a roadway clearly
indicated for pedestrian crossing by lines or other markings on the surface.
h.) Curb: The lateral boundaries of that portion of a street designed for the use of
vehicles and coaches, whether marked by curbstones or not.
i.) Driver: Any person who is in actual physical control of any vehicle, horse or coach
upon a street or highway.
j.) Intersection: That area embraced within the lateral boundary lines of two or more
streets that join one another at an angle, whether or not one such street crosses the other.
k.) Mayor: Except for powers prescribed by "An Act to Reincorporate the Town of
Delaware City," as amended in 1945 and future amendments, the term "Mayor" shall mean the
"Mayor and Council of Delaware City."
l.) Motor Vehicle: Every vehicle, as herein defined, which is self-propelled, excepting
coaches.
m.) Official Traffic Signs: All signs, markings and devices, other than signals, not
inconsistent with these Rules and Regulations, placed or erected by authority of the Mayor for the
purpose of guiding, directing, warning, or regulating traffic.
n.) One-way Traffic: Traffic restricted to one direction of travel.
o.) Operator: Any person who is in actual physical control of powered river craft.
p.) Parking: The standing of a vehicle, whether occupied or not, upon a roadway,
otherwise than temporarily for the purpose of an while actually engaged in loading or unloading,
or in obedience to traffic regulations or traffic signs or signals.
q.) Pedestrian: Any person afoot.
r.) Person: Every natural person, firm, copartnership, association, or corporation.
s.) Police Officer: Every uniformed member of the Delaware City Police Department
authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. In
addition, any person who is deputized by the Mayor shall have authority to act in the capacity of a
member of the Delaware City Police Department during the period authorized by the Mayor.
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Section 27-2
Vehicles, Traffic, and Parking
Section 27-5
t.) Powered River Craft: Any vessel, boat, or equivalent equipment having buoyancy
sufficient to remain afloat, which is propelled by a power device such as outboard motor, inboard
motor, airplane propeller, etc.
u.) Private Road or Driveway: Every road or driveway not open to the use of the public
for purposes of vehicular and coach travel.
v.) Right of Way: The privileges of the immediate use of the street or highway.
w.) Roadway: That portion of a street or highway between regularly established curb
lines, or that part improved and intended to be used for vehicular and coach traffic.
x.) Safety Zone: The area or space officially set apart within a roadway for the use of
pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons,
standards, or otherwise so as to be plainly discernible.
y.) Sidewalk: That portion of a street between curb and adjacent building lines designed
for the use of pedestrians, whether paved or otherwise.
z.) Street/Highway: Every way or place of whatever nature open to the use of the public
as a matter of right purposes of vehicular, coach, and pedestrian travel. The terms "street,"
"roadway" or "highway" shall not be deemed to include a roadway or driveway upon grounds
owned by private persons, colleges, universities, or other institutions.
aa.) That Portion of the Branch Channel of the Chesapeake and Delaware Canal Located
Within the Limits of Delaware City: All that portion of this waterway between the Delaware
River limits, the southeast side of said Branch Channel and the limits located near the Main
Channel connection to the Branch Channel of the Chesapeake and Delaware Canal.
bb.) Traffic: Pedestrians, ridden, or herded animals, vehicles, coaches and other
conveyances either singly or together while using any street for purposes of travel.
cc.) Traffic Control Signal: Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and proceed.
dd.) Trailer: Includes every vehicle without motive power designed to carry property or
passengers wholly on its own structure and to be drawn by a motor vehicle.
ee.) Truck Tractor: Includes every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other than a part of the weight of
the vehicle and the load so drawn.
ff.) Vehicle: Every device in, upon or by which any person or property is or may be
transported or drawn upon a public street or highway, except vehicles used exclusively upon
stationary rails or tracks, and excepting coaches.
Sections 27-3 to 27-5 Reserved
2705
Section 27-6
Vehicles, Traffic, and Parking
Section 27-8
Article II Traffic Signs and Signals
Section 27-6 Official Traffic Signs and Signals
a.) All signs and signals required hereunder for a particular purpose shall be approved
and authorized by the Mayor and shall be controlled and directed by the Police Department, and
may be operated by Officers of said Department or by automatic devices.
b.) No provision of these Rules and Regulations for which signs are required shall be
enforced against an alleged violator if, at the time and place of the alleged violation, the sign
herein required 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.
Section 27-7 Obedience to Traffic Signs and Signals
It shall be unlawful for the driver of any vehicle or coach or for any pedestrian to disobey
the directions indicated by any official traffic sign, signal or marking placed in accordance with
the provisions of these Rules and Regulations, unless otherwise directed by a police officer.
Section 27-8 Traffic Control Signal Legend
a.) Whenever traffic at an intersection is controlled by traffic control signals exhibiting
colored lights, or the words "GO," "CAUTION" and/or "STOP" said lights and terms shall
indicate, as follows:
1.) Green or "GO." Traffic facing the signal may proceed, except that vehicular
traffic and coaches proceeding under such signal shall yield the right of way to
pedestrians, vehicles and coaches lawfully within a crosswalk or the intersection at the
time such signal was exhibited.
2.) Yellow or "CAUTION." When shown alone following the green or "GO" -
Traffic facing the signal shall stop before entering the nearest crosswalk at the
intersection unless so close to the intersection that a stop cannot be made in safety.
3.) Red or "Stop." Traffic facing the signal shall stop before entering the nearest
crosswalk at the intersection or at such other point as may be plainly and officially
designated by authority of the Mayor, and remain standing until Green or "GO" is shown
alone.
b.) The driver of a vehicle or coach intending to turn to the right or left at an intersection
where traffic is controlled by traffic control signals or by a police officer shall proceed to make
2706
Section 27-8
Vehicles, Traffic, and Parking
Section 27-15
either turn with proper care to avoid accident and only upon the "GO" signal, unless otherwise
directed by a police officer or by official traffic signs or special signals.
Section 27-9 Traffic Lanes and Directional Signs
Where lanes for traffic and/or directional signs are officially marked or placed by
authority of the Mayor, each vehicle or coach being operated on such marked or signed street or
intersection shall be driven as indicated by the markings or signs.
Section 27-10 Interference with Signs, Signals, and Marking Prohibited
It shall be unlawful for any person to willfully deface, injure, move, obstruct or interfere
with any official traffic sign, signal or interfere with any official traffic sign, signal or marking.
Section 27-11 Display of Unauthorized Signs, Signals, and Markings Prohibited
It shall be unlawful for any person to place or maintain or to display upon or in view of
any street any unofficial sign, signal, device or marking which purports to be or is an imitation of
or resembles an official traffic sign, signal or marking, or which attempts to direct the movement
of traffic, or which hides from view or interferes with the effectiveness of any official sign, signal
or marking. Every such prohibited sign, signal, device or marking is hereby declared to be an
public nuisance; and the Police Department is hereby authorized to cause same to be removed
without notice.
Sections 27-12 to 27-15 Reserved
2707
Section 27-16
Vehicles, Traffic, and Parking
Section 27-18
Article III Pedestrians' Rights and Duties
Section 27-16 Crosswalks and Safety Zones
Where crosswalks and safety zones are established, designated and maintained by
appropriate markings or devices on or placed upon the street surface in any intersection or on any
street by authority of the Mayor for the protection and safety of pedestrians, it shall be the duty of
pedestrians using such marked streets and intersections to observe same, and they are required to
do so.
Section 27-17 Pedestrians' Right of Way
a.) The driver of a vehicle or coach shall yield the right of way to a pedestrian crossing
the roadway within any marked crosswalk or within any unmarked crosswalk at the end of a
block, except at intersections where the movement of traffic is being regulated by police officers
or traffic control signals.
b.) Whenever any vehicle or coach has slowed down or stopped at a marked crosswalk or
at any intersection to permit a pedestrian to cross the roadway; it shall be unlawful for the driver
of any other vehicle or coach approaching from the rear to overtake the pass such vehicle or
coach.
c.) Whenever there is a marked crosswalk at any intersection which is controlled or
regulated by traffic control signals or by a police officer, the driver of a vehicle or coach shall not
stop his vehicle or coach across or beyond the said marked crosswalk while waiting for the traffic
control signal to change, or the direction of the police officer, or for the flow of traffic on the
intersecting street to pass so he can safely enter the said intersection. Whenever it is necessary for
the driver of a vehicle or coach to yield the right of way to a pedestrian crossing the roadway at
any unmarked crosswalk at the end of a block, the said driver shall bring his vehicle or coach to a
stop in black of the building line of the intersecting street.
d.) Every pedestrian crossing a roadway at any point other than within a marked or
unmarked crosswalk shall yield the right of way to vehicles and coaches upon the roadway.
e.) The provisions of this Section shall not relieve the driver of a vehicle or coach or the
pedestrian from the duty to exercise due care.
Section 27-18 Pedestrians' Rights and Duties at Controlled Intersections
At intersections where traffic is controlled by traffic control signals or by police officers,
pedestrians shall not cross a roadway against a Red or "STOP" signal and between adjacent
2708
Section 27-18
Vehicles, Traffic, and Parking
Section 27-20
intersections so controlled shall no cross at any place except upon a marked or unmarked
crosswalk. A pedestrian crossing or starting across in any such crosswalk on a Green or "GO"
signal shall have the right of way over all vehicle and coaches, including those making turns, until
such pedestrian has reached the opposite curb or a safety zone, and it shall be unlawful for the
driver of any vehicle or coach to fail to yield the right of way to any such pedestrian.
At intersections controlled by means of separate periods for vehicular movement on each
of the roadways, and an additional period allotted to pedestrian movement alone, every pedestrian
shall remain upon the sidewalk during the time that green lights are in effect for vehicular traffic
upon either street, and during the time that the words "DON'T WALK" are clearly indicated upon
the traffic controls. Pedestrians may thereafter move across the roadways, within the designated
crosswalks, when the red light has stopped vehicular movement upon the roadways at the
intersection, and during the time that the word "WALK" is clearly indicated upon the traffic
controls.
Sections 27-19 to 27-20 Reserved
2709
Section 27-21
Vehicles, Traffic, and Parking
Section 27-25
Article IV Coaches and Railroad Trains
Section 27-21 Passing of Coaches
The driver of a vehicle overtaking any coach which is stopped or about to stop for the
purpose of receiving or discharging any passenger is permitted (subject to the provisions of
Section 27-17 b to pass on the left of such coach at a speed not greater than is reasonable or
proper and in no case more than ten (10) miles per hour and with due caution for the safety of
pedestrians and alighting passengers.
Section 27-22 Boarding or Alighting from Coaches or Vehicles
It shall be unlawful for any person to board or alight from any coach or vehicle while
such coach or vehicle is in motion.
Section 27-23 Railroad Trains not to Block Street
It shall be unlawful for the directing officer or the operator of any steam or electric
railroad train to direct the operation of or to operate the same in such a manner as to prevent the
use of the street for purposes of travel for a period of time longer than five (5) consecutive
minutes, except that this provision shall not apply to trains or cars in motion other than those
engaged in switching.
Sections 27-24 to 27-25 Reserved
2710
Section 27-26
Vehicles, Traffic, and Parking
Section 27-26
Article V Stopping, Standing, and Parking
Section 27-26 Stopping Prohibited in Specified Placed
a.) It shall be unlawful for the driver of a vehicle or coach to stop, stand or park such
vehicle or coach in any of the following places, except when necessary to avoid conflict with
other traffic, in compliance 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 Mayor
applicable to coaches and buses:
1.) Within an intersection.
2.) Within twenty-five feet (25') from the intersection of curblines, or, if none,
then within fifteen feet (15') of the intersection of property lines at an intersection, except
at alleys.
3.) On a crosswalk. (See also 27-17 c)
4.) Within twenty-five feet (25') upon the approach to any flashing beacon, or
traffic control sign or signal located at the side of the roadway.
5.) Within fifteen feet (15') of the driveway entrance to any fire station.
6.) Within fifteen feet (15') of a fire hydrant, or within fifteen feet (15') of a
drinking fountain for animals.
7.) In front of or within five feet (5') 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.
8.) On a side walk. (See also Section 27-32)
9.) Alongside or opposite any street excavation or obstruction when such
stopping, standing or parking would obstruct traffic.
10.) On the roadway side of any vehicle stopped or parked at the edge or curb of
a street (i.e., double-parking).
11.) Within fifty feet (50') of the nearest rail of a steam or interurban railway
crossing.
12.) Upon or adjacent to a safety zone.
13.) Upon any street or roadway where such stopping, standing or parking will
narrow the useable portion of such street or roadway so as to prevent its use for the
movement of other vehicles or coaches.
2711
Section 27-26
Vehicles, Traffic, and Parking
Section 27-28
b.) The repairing of a vehicle upon the roadway or sidewalks of any street is prohibited;
provided, however, that in the event of a breakdown, such emergency repairs as may be necessary
for its removal without injury may be performed, but no other repairs.
Section 27-27 Standing for Loading or Unloading Only in Certain Places
a.) It shall be unlawful for the driver of a vehicle to stop, stand or park said vehicle for a
period of time longer than is necessary for the expeditious loading or unloading of passengers in
any space marked as a passenger zone.
b.) It shall be unlawful for the driver of a vehicle to stop, stand or park said vehicle for a
period of time longer than is necessary for the expeditious loading or unloading of passengers, or
for the driver of a commercial vehicle to stop, stand or park said vehicle for a period of time
longer than is necessary for the actual unloading and delivery of the pick-up and loading of
materials in any place marked as a loading zone. In no case shall the stop for loading and/or
unloading of materials exceed thirty (30) minutes.
Section 27-28 Coach and Bus Stops - Taxicab and Public Livery Stands
a.) The Mayor shall establish coach and bus stops, and stands for taxicabs and public
livery vehicles, on such streets, in such places and in such numbers as the Mayor may determine
to be of the greatest benefit and convenience to the public, and every such stop and stand shall be
designated by appropriate sign or signs and/or marking.
b.) It shall be unlawful for the driver of any vehicle other than a coach or bus to stand or
park in an officially designated coach and bus stop, except that the driver of any passenger
vehicle may temporarily stop in any such place for the purpose of and while actually engaged in
letting persons in or out of such vehicle. Coaches and buses operating regular schedules may stop,
stand or park for such periods of time and at such coach and bus stops and at such other officially
authorized places on the roadways as may be required to enable such coaches and buses to fulfill
their schedules and afford adequate service.
c.) It shall be unlawful for the driver of a taxicab or public livery vehicle 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 public livery vehicle to
2712
Section 27-28
Vehicles, Traffic, and Parking
Section 27-29
stand or park in an officially designated public livery 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.
e.) It shall be unlawful for any person to use the streets of Delaware City for parking
purposes for vehicles designed to carry persons or personal property for hire, except upon permits
granted by the Mayor after due application made; provided, however, that this provision shall not
apply to the time necessary to be consumed by such vehicle in loading and unloading.
Section 27-29 Limited Parking and No Parking
a.) The Mayor 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 or periods 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 upon what streets or portions of streets, the parking of 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 Mayor, and so marked by authority of the Mayor, for a period of time longer than prescribed
by the official sign for parking on such street or at such location.
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 Mayor shall be deemed a violation of these Rules
and Regulations; and any person or persons removing a vehicle from any given place on any
street, to which this regulation applies, before the expiration of the period authorized for said
location and returning it for the purpose of evading the provisions of these Regulations and not
for a bona fide purpose, shall be considered as violating the provisions of these Regulations and
be subject to the penalties prescribed.
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, where the parking of vehicles has been prohibited by the Mayor
and marked "No Parking" by authority of the Mayor; except that this provision shall not prevent
the driver of a vehicle from temporarily stopping at such place for the purpose of and while
actually engaged in loading or unloading passengers.
2713
Section 27-30
Vehicles, Traffic, and Parking
Section 27-33
Section 27-30 Spaces for Official Cars
The driver of a vehicle shall not park such vehicle in any space upon any street marked
by authority of the Mayor as being reserved for the exclusive use of vehicles owned by Delaware
City or County of New Castle or State of Delaware or United States Government and so
designated, and while same are in actual service of these organizations.
Section 27-31 Limited Parking for Cleaning Streets
No person shall park any vehicle on the East side of Clinton Street or the North side of
Fifth Street between the hours of 5:00 AM and 8:00 AM on Friday of each week to permit
cleaning of streets. No person shall park any vehicle on the West side of Clinton Street or the
South side of Fifth Street between the hours of 5:00 AM and 8:00 AM on Saturday of each week
to permit the cleaning of streets. In addition to the penalties for violation of this Chapter the
owner may be subject to towing charges for removal of the vehicle. It will be the responsibility of
the owner to retrieve the vehicle from the location; within Delaware City, to which it was moved.
Section 27-32 Driving or Parking on Sidewalks Prohibited
It shall be unlawful for the driver of a vehicle or coach to drive, park or place such
vehicle or coach upon any sidewalk at any time, except that a driver of a vehicle or coach shall be
permitted to drive his vehicle or coach across a sidewalk area upon a permanent or temporary
driveway.
Section 27-33 Curb Parking
a.) 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 and within the curb-side wheels of the vehicle within
six inches (6") of the curb line, except as provided in the following paragraphs:
1.) Upon those streets which have been marked or signed for parking of vehicles
by authority of the Mayor, vehicles shall be parked in such position and within such
spaces as indicated by such markings or signs. In the case of a angle parking, vehicles
shall be face towards the curb and headed in the direction of traffic upon that side of the
street, except in such instances where traffic is headed down a steep grade and the
markings or signs indicate that such vehicles may be driven head first into such spaces.
2714
Section 27-34
Vehicles, Traffic, and Parking
Section 27-38
Section 27-34 Parking of Vehicles for Sale Prohibited
It shall be unlawful for any person to park upon a street any vehicle displayed for sale.
Section 27-35 Vehicles for Primary Purpose of Displaying Advertising Prohibited
It shall be unlawful for any person to park upon a street any vehicle for the primary
purpose of displaying advertising.
Section 27-36 Parking Permitted on Both Sides of One-Way Streets
Except on such streets as are otherwise prescribed and so marked or signed by authority
of the Mayor, vehicles may be parked on both sides of one-way traffic streets, subject to all
parking regulations and requirements.
Section 27-37 Parked Vehicles Must be Left in Proper and Safe Condition for Standing
No person having control or charge of a motor vehicle shall allow such vehicle to stand
on any street unattended without first effectively setting the brakes thereon and stopping the
motor of said vehicle, and when standing upon a perceptible grade, without turning the front
wheels of such vehicle to the curb or side of the street.
Section 27-38 Wrecked, Abandoned, Seized, or Illegally Parked Vehicles
a.) In order to preserve the public peace, health and safety of the citizens and inhabitants
of Delaware City, it is hereby ordained and provided that whenever any vehicle of any kind or
character shall be found on any public street, highway, alley or other public or private lot without
written permission of the owner, within the corporate limits of Delaware City, a municipal
corporation of the State of Delaware, wrecked, abandoned or parked in violation of any law of the
State of Delaware, ordinance ordained by "The Council" of the Mayor and Council of Delaware
City, or any agency of the Mayor and Council of Delaware City, nor or hereinafter in force, or
shall be seized for any violation thereof, such vehicle shall be removed by authority of the Bureau
of Police, to an official pound, provided, however, that no vehicle shall be towed away if at the
time of the intended removal the owner or person for the time being in charge thereof is present
and shall express a willingness and intention to immediately remove said vehicle.
b.) The provisions of this Section shall apply only to those streets, highways and alleys
on which there have been posted "No Parking" or "No Stopping" or like signs or as to those
portions of said streets, highways or alleys set-aside as bus stop areas. This Section shall,
however, apply to wrecked or abandoned vehicles wherever the same may be found and
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Section 27-38
Vehicles, Traffic, and Parking
Section 27-38
notwithstanding the provisions of Paragraph c hereof. The term "abandoned vehicles," as used
herein, shall have the following meanings: 1.) Any vehicle which obstructs the flow of traffic on
a public street or highway or in alleys or in front of, from or into driveways, provided, however,
that where the obstruction of traffic flow is in a private driveway or from a private driveway, into
a public highway, the Bureau of Police, must receive a complaint as to the alleged "abandoned
vehicles" and have same on file before initiating any action to tow away the offending vehicle or
vehicles; and/or 2.) Any vehicle parked in an area designated as a "No Parking" area, but which
has not been designated as a "tow-away" area, when offending vehicle or vehicles have been so
parked for a period of twenty-four (24) hours or more; or in a limited parking area for a period of
at least forty-eight (48) hours; or any place else on the public highway, street or alley or other
public or private lot without permission of the owner, for more than seventy-two (72) hours.
c.) The provisions of this Section shall be operative as to "No Parking" or "No Stopping"
areas only when notice of the provision of this Section shall be give by appropriate signs or
markings, advising that vehicles parked in violation of any law, ordinance or regulation aforesaid,
may be towed away in accordance with the provision of this Section.
d.) The Bureau of Police is hereby empowered, authorized and directed to arrange with
the owners and/or operators of a garage or garages or parking area or areas, for their use as an
official pound or pounds, to which the vehicle impounded shall be stored, for which the owners
and/or operators shall enter into an agreement with the Mayor and Council of Delaware City on
the amount of fee or fees to be received by the owner and/or operator for the storage of the
impounded vehicle or vehicles, and the furnishing of a bond and insurance, the amount of each to
be approved by the City Solicitor, to protect the Mayor and Council of Delaware City from all
claims for damages, injuries or bodily harm resulting from the impounding or storage of the
vehicles.
e.) The Bureau of Police is hereby empowered and authorized and directed to arrange
with the owners and/or operators of vehicle towing services, for removing vehicles to the
authorized pounds with a tow truck or trucks so as to cause no damage to the vehicles being
towed, for which the owners and/or operators shall enter in an agreement with the Mayor and
Council of Delaware City on the amount of fee or fees to be received by the owner and/or
operator for this service and the furnishing of a bond and insurance, the amount of each to be
approved by the City Solicitor, to protect the Mayor and Council of Delaware City from all
claims for damages or injuries resulting from the towing service.
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Section 27-38
Vehicles, Traffic, and Parking
Section 27-39
f.) The Bureau of Police shall keep a record of all vehicles impounded and be able at all
times to furnish the Mayor and Council of Delaware City, the City Treasurer or agents thereof
with the information as to the place of impounding and any other information.
g.) Before the owner or his agent shall be permitted to remove an impounded vehicle
from such pound, he shall 1.) pay to the City Treasurer or Clerk of Council the sum of ten dollars
($10.00) to cover the cost of towing and storage of the vehicle for the first twenty-four (24) hour
period, together with the sum of two dollars ($2.00) for each succeeding twenty-four (24) hour
period or fraction thereof, and secure from said City Treasurer or Clerk of Council a certified
release, in duplicate; 2.) present the original copy of said release to the person in charge of the
official pound, or his agent; and 3.) sign a receipt for such vehicle. In the event the payment is
made under protest, the owner or his agent shall furnish a bail bond in such form and amount as
required by the City Treasurer.
h.) The payment of towing and storage charges shall not operate to relieve the owner
from liability from any fine or penalty that may be imposed for violation of any law, or ordinance
or act or regulation for which the vehicle was impounded, and provided further that payment of
such charges unless made under protest, shall be final and conclusive and shall constitute a
waiver of any right to recover the money so paid.
i.) Any person, firm, association or corporation violating any of the provisions of this
Section shall, upon conviction before any Alderman, Magistrate or Justice of the Peace, forfeit
and pay a fine not exceeding fifty dollars ($50.00) for the first offense and a fine not exceeding
one hundred dollars ($100.00) for each subsequent offense.
Section 27-39 Parking of Truck Tractors, Trailers and Construction Equipment at Certain
Hours Prohibited
a.) It is unlawful to park a truck tractor or trailer or both or any construction equipment
on any street within the corporate limits of Delaware City between the hours of 6:00 P.M. and
6:00 A.M.; and the fine for any truck tractor, trailer or construction equipment that is parked in
violation of this Section shall be ten dollars ($10.00). The owner or owners of any truck tractor,
trailer or construction equipment shall, for purposes of this Section, be conclusively presumed to
have parked said truck tractor or trailer.
b.) The Court of Common Pleas for New Castle County shall have concurrent jurisdiction
with Justices of the Peace to issue warrants and try offenses brought pursuant to this Section.
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Section 27-39
Vehicles, Traffic, and Parking
Section 27-45
c.) The owner of any truck tractor, trailer or construction equipment charged to have
violated the provisions of this Section shall have the following election:
1.) To pay the fine to the Mayor and Council of Delaware within five (5) days
after a parking violation ticket has been affixed to the truck tractor or trailer; or
2.) To appear in the Court wherein such traffic violation is to be heard and defend
the alleged violation.
d.) The Mayor and Council of Delaware City shall have appropriate parking tickets
printed which shall be affixed to any motor vehicle found to be in violation of this Section.
Section 27-40 Parking of Vehicles Incapable of Self-Mobility
a.) It is unlawful to park, store, maintain or allow to be maintained any motor vehicle
which is incapable of self-mobility in the open and outside of garages or other properly
maintained storage space for a period in excess of thirty (30) days, except in commercial
automobile storage yards properly licensed by the State of Delaware.
b.) This Section shall apply within the corporate limits of Delaware City to both private
property and public roads, streets and highways.
c.) Any person convicted of violating the provisions of this Section shall be fined not
more than one hundred dollars ($100.00) nor more than thirty (30) days in jail or both.
d.) The Court of Common Pleas for New Castle County shall have concurrent jurisdiction
with Justices of the Peace to issue warrants and try offenses brought pursuant to this Section.
e.) The Mayor and Council of Delaware City may, upon ten (10) days written notice to
the owner of such a motor vehicle, or upon ten (10) days written notice to the owner of real estate
upon which such a vehicle is parked, stored or maintained, cause the same to be removed, the cost
and expense of which may be paid by the Mayor and Council of Delaware City and thereafter
entered as a lien upon the property upon which said vehicle was stored or upon the property of the
owner of said vehicle.
Section 27-41 Prohibiting of Boat Docking at Certain Hours
a.) Docking of boats at the Delaware City Floating Docks, located at Canal Street,
Delaware City, Delaware, shall be prohibited for a period beginning at 11:00 P.M. each night
until 5:00 A.M. the next morning.
b.) The penalty for violation of this Section shall be fifty dollars ($50.00) per violation,
wherein a violation on each night as aforesaid shall be considered a separate offense.
Sections 27-42 to 27-45 Reserved
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Section 27-46
Vehicles, Traffic, and Parking
Section 27-48
Article VI Operation of Vehicles and Coaches
Section 27-46 Boulevard or Through Traffic Streets
a.) The following streets and parts of streets are hereby declared to constitute
"Boulevard" or "Through Traffic" streets for the purpose of this section:
Clinton Street between Delaware Avenue and Fifth Street.
Fifth Street between Drain Ditch and bridge over Branch channel of Delaware
and Chesapeake Canal.
b.) The driver of a vehicle or coach traveling on a street intersecting a "Boulevard" or
"Through Traffic" street shall bring such vehicle or coach to a speed not exceeding ten (10) miles
per hour before entering onto or crossing the intersection street.
c.) The driver of a vehicle or coach who has stopped or allowed down as required by
these Rules and Regulations at the intersection with a "Boulevard" or "Through Traffic" street, or
in obedience to a "Stop" or "Slow" sign at any intersection, shall yield to other vehicles and
coaches within the intersection or approaching so closely on the intersection street as to constitute
an immediate hazard, but said driver having so yielded may proceed, and other vehicles and
coaches approaching the intersection on the intersecting street shall yield to the vehicle or coach
so proceeding onto or crossing the intersection street.
Section 27-47 One-way Traffic Streets
The Mayor shall determine upon what streets vehicular and coach traffic shall be
restricted to one direction, and shall designate the direction therefore, and shall cause such streets
to be marked or signed as "One-Way Streets" with the direction indicated in the marking or on
the sign, and all vehicular traffic and coaches thereon shall proceed only as directed by the
official markings or signs.
Section 27-48 General Operating Directions
a.) Upon all two-way streets, the driver of a vehicle or coach shall drive the same upon
the right half of the street and shall drive a vehicle or coach moving slowly or a heavily laden
vehicle as closely as possible to the right hand edge or curb of such street, unless it is
impracticable to travel on such side of the street, and except when turning or when overtaking and
passing another vehicle or coach, subject to the limitations applicable in turning, overtaking and
passing hereinafter set forth. In crossing street intersections or the intersection of a street by a
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Section 27-48
Vehicles, Traffic, and Parking
Section 27-48
railroad right of way, the driver of a vehicle or coach shall at all times cause such vehicle or
coach to travel on the right half of the street, unless such right half is obstructed or impassable.
b.) Drivers of vehicles and/or coaches proceeding in opposite directions shall pass each
other to the right, each giving to the other, as nearly as possible, at least one-half of the main
traveled portion of the street.
c.) The driver of a vehicle or coach overtaking another vehicle or coach proceeding in the
same direction and desiring to pass the same shall be subject to the following provisions and
limitations:
1.) He shall pass at a safe distance to the left of the overtaken vehicle or coach,
but shall not drive to the left side of the center of the street unless such left side is clearly
visible and is free of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be made in safety.
2.) He shall not again drive to the right side of the street until safely clear of the
overtaken vehicle or coach.
3.) He shall not overtake and pass another vehicle or coach upon the crest of a
grade, or upon a curve in the street where his view along the street is obstructed, or at any
railroad grade crossing, not at any street intersection, except one where traffic is
regulated by a traffic control signal.
4.) The driver of a vehicle or coach about to be overtaken and passed by another
vehicle or coach approaching from the rear shall give way to the right in favor of the
overtaking vehicle or coach on suitable and audible signal being given by the driver of
the overtaking vehicle or coach and shall not increase the speed of his vehicle or coach
until completely passed by the overtaking vehicle or coach.
5.) He may pass to the right at a safe slow speed an overtaken vehicle or coach
about to make a left turn, or where lanes are established or where intersections are
regulated by signal lights.
d.) The driver of a motor vehicle or coach shall not follow another vehicle or coach more
closely than its reasonable and prudent, having due regard to the speed of such vehicle and
coaches and the traffic upon and condition of the roadway.
e.) The driver of a vehicle or coach shall keep to the right of the division on any street
divided longitudinally by a parkway, walk, sunken way, viaduct, or island, or any official
marking.
f.) The driver of a vehicle or coach approaching an intersection not controlled by traffic
signs or signals shall yield the right of way to a vehicle or coach which has entered the
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Section 27-48
Vehicles, Traffic, and Parking
Section 27-49
intersection. When two vehicles or a vehicle and coach, or two coaches enter an intersection at
the same time, the driver of the vehicle or coach on the left shall yield the right of way to the
vehicle or coach on the right.
g.) It shall be unlawful for any person to drive any vehicle so constructed, loaded, or in
such condition as to be liable to cause delay to traffic or accident or injury to man, beast or
property.
h.) It shall be unlawful for the driver of a motor vehicle to operate such vehicle with the
muffler cut-out open, or in any manner so as to cause an excessive or annoying emission of
smoke, or noise level exceeding normal use of standard (silent) mufflers.
i.) The driver of a vehicle before starting, stopping or turning from a direct line shall first
see that such movement can be made in safety, and if any pedestrian may be affected by such
movement, shall give a clearly audible signal by sounding the horn, and whenever the operation
of any other vehicle or coach may be affected by such movement, shall give signal as required in
this Section plainly visible to the driver of such other vehicle or coach of the intention to make
such movement, and the signal shall be regarded and obeyed by drivers of vehicles or coaches
following.
j.) The signal herein required shall be given either by means of the hand and arm in the
manner herein specified or by an approved mechanical or electrical device, except that when a
vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both
to the front and rear, the signal shall be given by a device of a type which have been approved by
the Motor Vehicle Department of the State of Delaware. Whenever the signal is given by means
of the hand and arm, the driver shall indicate his intention to start, stop or turn by extending the
hand and arm horizontally from and beyond the left side of the vehicle.
k.) It shall be unlawful for the driver of a vehicle or coach at any time to drive his vehicle
or coach on, over or through a safety zone.
Section 27-49 The Making of Right or Left Turns
a.) Except where otherwise indicated by buttons, markers or other directional signs
placed within an intersection, the driver of a vehicle or coach intending to turn to the right at an
intersection shall approach such intersection in the lane for traffic nearest to the right hand side of
the street, and in turning shall keep as closely as practicable to the right hand curb or edge of the
street; and when intending to turn to the left shall approach such intersection upon the extreme
left portion of that part of the street allocated to traffic in the direction such vehicle or
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Section 27-49
Vehicles, Traffic, and Parking
Section 27-52
coach is proceeding, and in turning shall approach as closely as practicable and to the left of the
center of the intersection before turning such vehicle or coach to the left.
b.) The driver of a vehicle within an intersection intending to turn to the left shall yield to
any vehicle or coach approaching for the opposite direction which is within the intersection or so
close thereto as to constitute an immediate hazard, but said driver having so yielded and having
given a signal as required by Section 27-48 of these Rules and Regulations may make such left
turn, and drivers of other vehicles or coaches approaching the intersection from said opposite
direction shall yield to the driver making the left turn.
c.) The Mayor shall determine those intersections at which drivers of vehicles shall not
make a right or left turn, and shall place and maintain or cause to be placed and maintained the
proper signs necessary at the intersection as designated.
Section 27-50 Operation of Vehicles on Approach of Authorized Emergency Vehicles
Upon the approach of any authorized emergency vehicle or vehicles giving audible signal
by bell, siren or exhaust whistle, the driver of every other vehicle or coach shall immediately
drive the same to a position as near as possible and parallel to the right hand edge or curb of the
street, clear of any intersection, and shall stop and remain in such position until the authorized
emergency vehicle or vehicles shall have passed, unless otherwise directed by a police officer.
This provision shall not operate to relieve the driver of an emergency vehicle from the duty to
drive with due regard for the safety of all persons using the street, nor shall it protect the driver of
any such vehicle from the consequences of an arbitrary exercise of such right of way.
Section 27-51 Following Fire Apparatus Prohibited
It shall be unlawful for the driver of a vehicle, other than one on official business, to
follow closer than a city block, any fire apparatus traveling in response to a fire alarm, or to drive
into or stop a vehicle within the block where the fire apparatus has stopped in answer to a fire
alarm.
Section 27-52 Crossing Fire Hose
No coach or vehicle shall be driven over any unprotected hose of the Fire Department
when laid down on any street or private driveway without the consent of the Fire Department
official in command, or without the use of mechanical devices for protecting fire hose as have
been approved by the Bureau of Fire.
2722
Section 27-53
Vehicles, Traffic, and Parking
Section 27-57
Section 27-53 Unlawful to Drive Through Procession
It shall be unlawful for the driver of any vehicle or coach to drive between the vehicles
comprising a funeral or other authorized procession while they are in motion, provided that said
vehicles are conspicuously so designated. This provision shall not apply at intersections where
traffic is controlled by traffic control signals or police officers.
Section 27-54 Emerging from Alley or Private Driveway
a.) The driver of a vehicle or coach emerging from an alley, driveway or building shall
stop such vehicle or coach immediately prior to driving onto a sidewalk or onto the sidewalk area
extending across any alleyway.
b.) The driver of a vehicle or coach entering a public street from a private road or drive
shall yield the right of way to all vehicles or coaches approaching on such public street.
Section 27-55 Limitations on Turning Around
It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in
the opposite direction unless such movement can be made in safety and without backing or
otherwise interfering with other traffic, but shall go around the block or to a street intersection
sufficiently wide in which to turn without backing; provided, however, that the driver of a vehicle
shall not make a "U" turn on Clinton or Fifth Street, except at an intersection.
Section 27-56 Limitation on Backing
The driver of a vehicle or coach shall not back the same unless such movement can be
made in safety and shall give ample warning before and during such movement, taking continual
care not to injure those in the rear.
Section 27-57 Obstruction of Driver's View or Driving Mechanism
a.) It shall be unlawful for the driver of a vehicle or coach to drive same when such
vehicle or coach is so loaded as to obstruct the view of the driver to the front or sides, or to
interfere with the driver's control over the driving mechanism of the vehicle or coach.
b.) It shall be unlawful for any passenger in a vehicle or coach to ride in such position as
to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control
over the driving mechanism of the vehicle or coach.
2723
Section 27-58
Vehicles, Traffic, and Parking
Section 27-62
Section 27-58 Unlawful Riding
It shall be unlawful for any person to ride upon any portion of any coach, vehicle or
bicycle not designed or intended for the use of passengers when the same is in motion. This
provision shall not apply to any employee engaged in the necessary discharge of a duty, or to
persons riding within truck bodies in space intended for merchandise.
Section 27-59 Riding on Vehicle or Coach without Consent of Driver Prohibited
It shall be unlawful for any person to ride upon a vehicle or coach without the driver's
consent.
Section 27-60 Clinging to Moving Vehicles or Coaches Prohibited
It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled,
roller skates or any toy vehicle to cling to or attach himself or his vehicle to any other moving
vehicle or coach upon roadway.
Section 27-61 Use of Wheels with Metal Treads Restricted
It shall be unlawful for any person to drive, operate or propel on any street, a traction
engine, road roller, trailer or other implement or machine, equipped with metal wheels, or with
wheels having metal tires, unless the treads of the wheels are smooth.
Section 27-62 Duty to Stop in Event of Accident
a.) The driver of any vehicle or coach involved in an accident resulting in injury or death
to any person shall immediately stop such vehicle or coach at the scene of such accident and any
person violating this provision shall upon conviction be punished as provided in Section 144 of
the Motor Vehicle Laws of the State of Delaware.
b.) The driver of any vehicle or coach involved in an accident resulting in apparent
damage to property shall immediately stop such vehicle or coach at the scene of such accident
and any such person violating this provision shall upon conviction be punished as provided in
Section 144 of the Motor Vehicle Laws of the State of Delaware.
c.) The driver of any vehicle or coach involved in any accident resulting in injury or
death to any person or damage to property shall also give his name, address and the registration
number of his vehicle and exhibit his operator's or chauffeur's license to the person struck or the
driver or occupants of any vehicle or coach collided with and shall render to any person injured in
such accident reasonable assistance, including the carrying or making provision for the carrying
2724
Section 27-62
Vehicles, Traffic, and Parking
Section 27-65
of such person to a physician or surgeon for medical or surgical treatment if it is apparent that
such treatment is necessary or is requested by the injured person; and any person violating this
provision shall upon conviction be punished as provided in Section 144 of the Motor Vehicle
Laws of the State of Delaware.
Section 27-63 Use of Anti-Skidding Devices
a.) It shall be unlawful for any person to use any anti-skidding device on the wheels of
vehicles or coaches if the same is so constructed as to be destructive to street pavements; all anti-
skidding devices shall be of designs which have been approved in writing by the Mayor such
approval being filed in the office of the Secretary of the Town Council.
b.) Each and every day's violation of this Section shall constitute a separate offense.
Section 27-64 Flag or Light at End of Load
Whenever the load of any vehicle shall extend more than four feet (4') beyond the rear of
the bed or body thereof, there shall be displayed at the end of such load in such position as to be
clearly visible at all times from the rear of such load, a red flag not less than twelve inches in
length and width, except that between one-half hour after sunset and one-half hour before sunrise,
there shall be displayed at the end of such load a red light plainly visible under normal
atmospheric conditions at least two hundred feet (200') from the rear of such vehicle.
Section 27-65 Speed of Motor Vehicles and Coaches
a.) It shall be unlawful for any person to drive a motor vehicle or coach upon any street of
Delaware City recklessly, or at a rate of speed greater than is reasonable and proper - not more
than twenty-five (25) miles per hour except on Clinton Street between Delaware and Second
Street where the speed limit is twenty (20) miles per hour and on Fifth Street between Adams and
the drain ditch where the speed limit is thirty-five (35) miles per hour - having due regard to the
width, traffic and use of the street, the intersection of streets and weather conditions, the weight
of the vehicle or coach and the condition of its brakes, or so as to have caused a collision with the
person or property of another or so as to endanger the life or limb of another.
b.) The fact that the speed of a vehicle or coach is lower than the foregoing limits shall
not relieve the driver from the duty to decrease speed when approaching a hillcrest, when
traveling upon any narrow or winding roadway, or when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or highway conditions, and speed shall be
decreased as may be necessary to avoid colliding with any person, vehicle, coach or other
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Section 27-65
Vehicles, Traffic, and Parking
Section 27-75
conveyance or on entering the highway in compliance with legal requirements and the duty of all
persons to use due care.
Section 27-66 Persons Under Influence of Intoxicating Substances Operating Vehicles
Any person operating a vehicle under the influence of intoxicating liquor or narcotic
drugs will be subject to fine or penalty provided for such offenses under Article VIII.
Section 27-67 Drag Racing
a.) It shall be unlawful for any persons to drive motor vehicles upon any street of
Delaware City at a rate of speed fifteen (15) miles per hour, or more, greater than the posted
speed limit (i.e., greater than fifty (50) miles per hour in a thirty-five (35) mile per hour zone)
when two (2) or more cars are proceeding in the same direction, either parallel, or in close
proximity to each other, for a distance exceeding one-quarter (1/4) mile. This violation is defined
as "drag racing".
b.) The penalty for violations of this Section is a fine of one hundred dollars ($100.00)
and a mandatory imprisonment sentence of not less than seven (7) days and not more than thirty
(30) days for each offense. This penalty is specific to Section 27-67.
Section 27-68 Operation and Regulation of Powered River Craft
a.) It shall be unlawful for any person to operate a powered river craft within that portion
of the Branch Channel of the Chesapeake and Delaware Canal that is located within the limits of
Delaware City at a rate of speed greater than is reasonable and proper, having due regard to the
safety of other craft.
b.) The penalty for violation of this Section is a fine of not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00) and/or imprisonment for not less than
seven days nor more than thirty (30) days, for each violation thereof.
Section 27-69 Storage Fees for Impounded Vehicles
(a) Whenever any vehicle, as defined in this section, has been used in, or in connection
with, the commission of any felony or in connection with the flight or escape of any person who
has committed any felony, or is used or intended for use to transport or in any manner to facilitate
the transportation of any controlled substance in violation of applicable local, state or federal law,
it shall forthwith be seized and taken into custody by the peace officer or officers having
knowledge of the facts of such use and disposed of in accordance with Title 11, Chapter 23 of the
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Section 27-65
Vehicles, Traffic, and Parking
Section 27-75
Delaware Code, or any similar state or federal statute. As used in this ordinance, the word
"vehicle" shall include all motor-propelled vehicles, wagons, carts, carriages, bicycles, boats,
vessels and aircraft.
(b) No vehicle so seized and impounded shall be released to the lawful owner or any
party holding a valid security interest therein unless the costs of towing and storage related to the
seizure and impoundment, and any administrative charges authorized by law, shall have been
paid to the City of Delaware City. All such charges shall be the obligation of the registered
owner of the vehicle. The City Manager shall have authority to adopt a schedule of fees, costs
and administrative charges associated with the towing and storage of seized and impounded
vehicles and to revise same from time to time.
(c) Notwithstanding the provisions of §27-69(b), no towing, storage or administrative
charges or fees shall be assessed or collected in connection with the seizure and impoundment of
vehicles under the following circumstances:
(i) The impounded vehicle had been stolen and reported as such to law
enforcement agencies by the lawful owner;
(ii) The impounded vehicle is owned by an entity in the business of renting
vehicles for profit and, at the time of seizure, the vehicle in question was under the control of a
party who had rented the vehicle from such entity; or
(iii) The criminal charges providing the grounds for seizure and impoundment of
the vehicle have been dismissed.3
Sections 27-70 to 27-75 Reserved
3 Section 27-69 Adopted February 23, 2009 by Ordinance 09-0126-01
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Section 27-76
Vehicles, Traffic, and Parking
Section 27-78
Article VII Size and Weight of Motor Vehicles and Loads
Section 27-76 In General
No person shall drive or move, or being the owner, cause or knowingly permit to be
driven or moved, on any highway, street or road within the corporate limits of Delaware City any
vehicle or vehicles of a size or weight exceeding the limitations stated in this Article.
Section 27-77 Exceptions
a.) No vehicle shall exceed a total outside width, including any load thereon, of eight (8)
feet, except that the width of a farm tractor shall not exceed nine (9) feet.
b.) No vehicle, unladen or with load, shall exceed a height of twelve (12) feet six (6)
inches. The liability for damage to any structure caused by any vehicle having a height in excess
of twelve (12) feet six (6) inches shall be borne by the owner of the vehicle.
c.) No vehicle except buses shall exceed a length of forty (40) feet and no tractor-
semitrailer shall exceed a length of fifty-five (55) feet except auto transporters shall not exceed
sixty-five (65) feet and no other combination of vehicles coupled together shall exceed a length of
seventy (70) feet. Buses shall not exceed a length of forty-two (42) feet.
d.) No train of vehicles or vehicle operated alone shall carry any load extending more
than three (3) feet beyond the front thereof.
e.) No passenger vehicle shall carry any load extending beyond the line of the fenders on
the left side of such vehicle nor extending more than six (6) inches beyond the line of the fender
on the right side thereof.
Section 27-78 Weights of Vehicles and Loads
a.) No motor vehicle, equipped with solid rubber tires, shall have a gross weight,
including vehicle and load, of more than twenty-two thousand (22,000) pounds, or shall any two-
axle motor vehicle equipped with pneumatic tires have a gross weight, including vehicle and load,
of more than twenty-six thousand (26,000) pounds, or a gross weight of more than thirty-six
thousand (36,000) pounds for a three-axle vehicle.
b.) No vehicle with solid tires shall have an axle load of more than sixteen thousand
(16,000) pounds.
c.) No motor vehicle or physically conned combination of vehicles, mounted on
pneumatic tires, shall have an axle load in excess of seven hundred (700) pounds per inch of the
2727
Section 27-78
Vehicles, Traffic, and Parking
Section 27-79
aggregate width of its tires, measured at the point of greatest width of each tire, or more than
twenty thousand (20,000) pounds in any event.
d.) The gross weight of a trailer and load together shall not exceed twenty-two thousand
(22,000) pounds.
e.) No trailer equipped with metal tires bearing a gross load in excess of six thousand
(6,000) pounds shall be allowed on highways, streets or roads in Delaware City.
f.) No motor vehicle or combination of vehicles, the gross weight of which is in excess of
thirty-six thousand (36,000) pounds, shall be operated on the highways, streets or roads of
Delaware City unless such vehicle or combination of vehicles is equipped with power brakes.
g.) It shall be lawful to operate a vehicle equipped with two (2) axles, with a power brake
on each rear hub provided that the gross weight including vehicle and load does not exceed thirty
thousand (30,000) pounds.
h.) It shall be lawful to operate a vehicle equipped with three (3) axles, having each of the
rear axles equipped with two (2) hubs, with a power brake on each rear hub provided that the
gross weight including vehicle and load, does not exceed sixty-five thousand (65,000) pounds.
i.) It shall be lawful to operate a semi-trailer with one (1) axle, equipped with a power
brake on each hub, provided that the gross weight of the combination of tractor and semi-trailer
does not exceed forty-eight thousand (48,000) pounds.
j.) It shall be lawful to operate a semi-trailer, equipped with coupled axles space forty-
eight (48) inches or more apart measured horizontally, with a power brake on each hub, provided
that the axle weight does not exceed eighteen thousand (18,000) pounds per axle, and provided
that the gross weight of the combination tractor and couple axle semi-trailer, does not exceed the
gross weight give for the respective distance between the first and last axle of the group of axles
measured longitudinally to the nearest foot as set forth in the table in subsection l; and also
provided that in the case of a lowbed trailer, such as is commonly used in moving heavy
equipment, coupled axles may be spaced thirty-six (36) inches or more apart.
k.) With respect to any vehicle containing coupled axles spaced less than forty-eight (48)
inches apart measured horizontally between their center lines, the load for each of such coupled
axles shall not exceed ten thousand (10,000) pounds, the load for axels spaced forty-eight (48)
inches or more apart center to center of axles shall be governed by the table for maximum gross
weights.
l.) The total gross weight imposed on the highway, street or road by any group of two (2)
or more consecutive axles of a vehicle or of any combination of vehicles shall not exceed that
given in the following table for the respective distance between the centers of the first and last
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Section 27-78
Vehicles, Traffic, and Parking
Section 27-79
axles of said two (2) or more consecutive axles; provided, however, that none of the provisions of
this Subsection shall apply to, or govern the total or maximum gross weight of any vehicle
described or defined in subsection h of this Section:
Table for Maximum Gross Weights
Distance in Feet
Between First
and Last Axles of
Any Group
Maximum Load in
Pounds Carried on
Any Group
Distance in Feet
Between First
and Last Axles of
Any Group
Maximum Load in
Pounds Carried on
Any Group
Less than 4
20,000
24
47,470
4
36,000
25
48,350
5
36,000
26
49,220
6
36,000
27
60,000
7
36,000
28
60,000
8
36,000
29
60,000
9
36,000
30
60,500
10
36,000
31
61,500
11
36,000
32
62,500
12
36,470
33
63,400
13
37,420
34
64,400
14
38,360
35
65,300
15
39,300
36
66,200
16
40,230
37
67,200
17
41,160
38
68,100
18
42,080
39
69,000
19
42,990
40
70,000
20
43,900
41
70,800
21
44,800
42
71,700
22
45,700
43
72,600
23
46,590
44 or more
73,280
Section 27-79 Permits for Excessive Size and Weight
The Mayor and Council of Delaware City may, upon application in writing and good
cause being shown therefore, issue a special permit in writing authorizing the applicant to operate
or move vehicle of a size or weight exceeding the maximum specified in this Article, upon any
2729
Section 27-79
Vehicles, Traffic, and Parking
Section 27-85
highway, road or street within the corporate limits of Delaware City. Such permit shall designate
the route to be traversed, the date and time when the permit is valid, the specific vehicle for which
the permit is issued and such other restrictions and conditions as are deemed necessary by the
Mayor and Council of Delaware City for the preservation and protection of both municipal and
private property, including streets, sewers, telephone and electric lines, water and gas lines, curbs,
lawns and private automobiles. Such permit shall be prominently displayed on the vehicle while
in motion and shall be exhibited to any peace officer upon demand.
Section 27-80 Police Officers' Authority to Weigh Vehicles
Any uniformed police officer, having reason to believe that the weight of a vehicle and
load is unlawful, may weigh the same either by means of portable or stationary scales, and may
require that such vehicle be driven to the nearest scales in the event such scales are within three
(3) miles. The officer may then require the driver to unload immediately such portion of the load
as is necessary to decrease the gross weight of such vehicle to the maximum therefore specified in
this Article or for which it is registered. All such material shall be unloaded and cared for by the
owner or operator of the truck at the risk of such owner or operator.
Section 27-81 Penalties
Whoever violates any provision of this Article shall, for the first offense, be fined not less
than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or imprisoned not more
than thirty (30) days, or both. Each day shall constitute a separate offense.
Section 27-82 Jurisdiction
The Court of Common Pleas for New Castle County shall have concurrent jurisdiction
with Justices of the Peace to issue warrants and try offenses brought pursuant to this Article.
Sections 27-83 to 27-85 Reserved
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Section 27-86
Vehicles, Traffic, and Parking
Section 27-90
Article VIII Penalties and Miscellaneous
Section 27-86 Penalties
Except as herein before set forth, any person or persons violating any of the foregoing
rules and regulations shall, upon conviction thereof before any magistrate of the Mayor of
Delaware City be subject to a fine of not less than three dollars ($3.00) nor more than maximum
fine and imprisonment permitted by the Delaware City Charter.
Section 27-87 Owner Prima Facie Responsible for Illegal Parking
If any vehicle is found upon a street or highway in violation of any provision of these
Rules and Regulations concerning the stopping, standing or parking of vehicles and the identity
of the driver cannot be determined, the owner or person in whose name such vehicle is registered,
shall be held prima facie responsible for such violation.
Section 27-88 Public Employees To Obey Traffic Regulations
The provisions of these Rules and Regulations shall apply to the driver of any vehicle
owned by or used in the service of the U.S. Government, this State, County or City, and it shall be
unlawful for any such driver to violate any of the provisions of these Rules and Regulations,
except as otherwise permitted in these Rules and Regulations.
Section 27-89 Exceptions to Authorized Emergency Vehicles
The provisions of these Rules and Regulations regulating the movement, parking and
standing of vehicles shall not apply to authorized emergency vehicles, as herein defined, while
the driver of such vehicle is operating the same in an emergency in the necessary performance of
public duties. This exemption shall not, however, protect the driver of any such vehicle from the
consequences of a reckless disregard of the safety of others.
Section 27-90 Persons Propelling Push Carts or Riding Bicycles or Animals to Obey Traffic
Regulations
Every person propelling any push cart or riding a bicycle or an animal upon a roadway,
and every person driving any animal, shall be subject to the provisions of these Rules and
Regulations applicable to the driver of any vehicle, except those provisions with reference to the
equipment of vehicles and except those provisions which by their very nature can have no
application.
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Section 27-91
Vehicles, Traffic, and Parking
Section 27-95
Section 27-91 Other Violations
All laws and regulations pertaining to registration, licenses, size and weight of vehicles,
trailers and towed vehicles, speed, brakes, horn, mirror, windshield and lighting equipment, duties
of drivers involved in accidents, etc., etc., see "Motor Vehicle Laws of the State of Delaware,"
issued by the Secretary of State of the State of Delaware (adopted January 27, 1941 and approved
February 10, 1941) and additions thereto which supplement the previous Articles of this Chapter
are included by this Section. This Section can be cited for such violations.
Sections 27-92 to 27-95 Reserved
2732