§ 3.3-1. Traffic, parking, and vehicles.
3.3-1.1
Stopping, standing, or parking in specific places.
a.
No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic controlled device in any of the following places:
(1)
On a sidewalk.
(2)
In front of a public or private driveway.
(3)
Within 15 feet of a fire hydrant.
(4)
On a crosswalk.
(5)
Within 20 feet of a crosswalk at an intersection.
(6)
Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of the roadway.
(7)
Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly sign posted.
(8)
Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking a vehicle would obstruct traffic.
(9)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(10)
At any place where official signs prohibit stopping, standing, or parking.
(11)
Within 50 feet of the nearest rail or railroad crossing unless a different length is indicated by traffic control devices.
(12)
At any place where such parking, standing, or stopping obstructs the free passage of other traffic.
(13)
Upon the roadway of any highway when it is practical to stop, stand, or park off the roadway.
(14)
Whenever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder.
b.
No person shall move a vehicle not owned by such person into any area prohibited under subsection (a) of this section or away from a curb such as is unlawful.
3.3-1.2
Handicap parking.
a.
Definitions. The following words, terms, and phrases when used in this section shall have the meaning ascribed to them in this subsection except where the context clearly indicates a different meaning.
"Vehicle" of the handicapped means a vehicle which is displaying a special handicapped registration plate on the rear of the vehicle issued pursuant to Title 21 Delaware Code § 2134 (or any future corresponding provision of law), a vehicle displaying a special handicapped ID parking card in the windshield such ID card issued pursuant to Title 21 Delaware Code §2135 (or any future corresponding provision of law), or a plate or permit issued under a similar provision in another jurisdiction.
b.
Prohibited conduct. No person shall park any vehicle other than a vehicle of the handicapped in any area under the control of and designated by the State Department of Transportation, by the Town, or by the owner(s) or lessee(s) of private property in the Town as a handicapped parking zone and conspicuously marked as such.
3.3-1.3
Parking in fire lanes.
a.
Prohibited conduct. No person shall stop, stand, or park a vehicle in any place which has been designated and properly identified as a fire lane pursuant to regulations of the State Fire Marshall or in an area designed for a fire hydrant or standpipe connection except in compliance with the directions of a police officer or traffic control device.
b.
Enforcement by towing. Any police officer in the Town is hereby authorized to remove or cause to be removed and stored at the owner's expense any unattended vehicle left standing wholly or partially within a fire lane or any unattended vehicle left standing in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant, or standpipe connection.
3.3-1.4
Positioning of vehicle: obedience of markings. all vehicles are hereby required to be parked on the streets of the town according to street markings designated for that purpose, and on the streets that are not marked all vehicles are required to park parallel to and not more than 12 inches from the curb to the right side of the street.
3.3-1.5
Parking of trucks and other heavy equipment. No person shall park or allow to remain parked any truck, mobile heavy construction equipment, or other vehicles licensed by this state or any other state as a commercial vehicle in excess of 1 ton on any public street, road, alley, or way within the limits of Town except as provided in subsequent sections of this article. For purposes of this section, "park" shall mean to bring a vehicle to a stop and leave remaining in 1 place in excess of 5 minutes.
3.3-1.6
Parking prohibited during certain hours. It shall be unlawful for any person to park or allow to remain parked any motor vehicle on the following streets on the days and hours provided below:
a.
No Parking Wednesday 8:00 a.m. to 8:30 a.m.
(1)
Main Street—South side.
b.
No Parking Wednesday 8:00 a.m. to 11:00 a.m.
(1)
East Street—South side.
(2)
Highland Avenue—West side.
(3)
Washington Avenue—West side.
(4)
West Street—South side.
(5)
Wilson Avenue—West side.
c.
No Parking Wednesday 9:00 a.m. to 11:00 a.m.
(1)
Smyrna Avenue—South side.
(2)
Kirkwood Street—South side.
(3)
Reed Street—West side.
(4)
Rodney Street—West side.
(5)
Roth Circle—South side.
d.
No Parking Thursday 8:00 a.m. to 8:30 a.m.
(1)
Main Street—North side.
e.
No Parking Thursday 8:00 a.m. to 11:00 a.m.
(1)
Clayton Avenue—East side.
(2)
East Street—North side.
(3)
Highland Avenue—East side.
(4)
Washington Avenue—East side.
(5)
West Street—North side.
f.
No Parking Thursday 9:00 a.m. to 11:00 a.m.
(1)
Smyrna Avenue—North side.
(2)
Bassett Street—East side.
(3)
Kirkwood Street—North side.
(4)
Reed Street—East side.
(5)
Rodney Street—East side.
(6)
Roth Circle—North side.
g.
Non-Restricted Streets—East side.
(1)
Dickerson Street.
(2)
Haslett Street.
(3)
Industrial Boulevard.
h.
Non-Restricted Streets—West side.
(1)
Cardington Court.
(2)
Coleman Street.
(3)
Gander Drive.
(4)
Holden Court.
(5)
Hudson Street.
(6)
Preston Lane.
3.3-1.7
Parking prohibited in certain areas at all times. It shall be unlawful to park any vehicle at any time in the following areas:
a.
Cherry Alley.
b.
Peach Alley.
c.
Apple Alley.
d.
Pear Alley.
e.
Plum Alley.
f.
State Alley.
g.
Church Alley.
h.
Apricot Alley.
3.3-1.8
Time designated parking. No person shall park in any time designated parking space beyond the designated time.
3.3-1.9
Unattended motor vehicles. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake thereon; and when standing upon any grade, turning the front wheels to the curb or side of the highway.
3.3-1.10
Summons for unattended vehicle; owner prima facie liable.
a.
A summons in appropriate form to be adopted by the Town may be attached to an unattended vehicle found in violation of Section 3.3-1.9 by any police officer authorized arrest for violations of this article in lieu of arrest of the operator of such vehicle.
b.
If any vehicle found by such police officer to be in violation of Section 3.3-1.9 is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person whose name such vehicle is registered as owner shall be held prima facie responsible for such violation.
3.3-1.11
Liability for costs> The registered owner of a towed vehicle shall be responsible for payment in full of all removal and storage costs absent a decision by a magistrate that no probable cause existed for towing.
3.3-1.12
Disposition of vehicles following payment of costs. Subsequent to a decision by the magistrate that probable cause existed for towing or in the absence of a request for a hearing by the registered owner following proper notice, the Town police department shall release the vehicle to the registered owner or to a person legally entitled to its possession upon payment in full of all removal and storage costs and upon a showing of proof of ownership or proof of the right to possession of the vehicle.
3.3-1.13
Penalty and fines.
a.
Any person convicted of violating this article shall be deemed guilty of a violation, and upon conviction before any court of competent jurisdiction shall be penalized as follows:
(1)
First Offense ..... $10.00
(2)
Second Offense ..... $25.00
(3)
Third Offense ..... $50.00
b.
For purposes of determining whether a violation of this article is a second, third, or subsequent offense, only violations occurring within 180 days immediately prior to the violation in question and resulting in convictions will be counted.
c.
Each day that a violation of this article or any provision thereof continues shall be considered as a separate offense and penalties shall be imposed accordingly.
3.3-1.14
Miscellaneous parking.
a.
No boat, boat trailer, utility trailer or off-highway vehicle (OHV) shall be stored, parked, placed or maintained on any public roadway, street or other public property for a period of time exceeding 24 hours.
b.
Roll-off dumpsters or portable storage containers. Roll-off dumpsters or portable storage containers for the purpose of remodeling, storage, cleanup of debris, etc., must be permitted by the Town for a stated period of time not to exceed two weeks of time after which an application for an extension shall be submitted to the Town of Clayton.
3.3-1.15
Scope/enforcement. The parking regulations in this article shall be in full force and effect at all times, and the Town's police department is authorized and empowered to install any necessary signs or symbols clearly setting forth the areas mentioned in this section as a no parking zone.
( Ord. of 4-8-2019 )