HB 464

                SPONSOR:
                Rep. Cooke & Rep. Bolden & Sen. Lockman
                Rep. Ortega
        HOUSE OF REPRESENTATIVES
        153rd GENERAL ASSEMBLY
        HOUSE BILL NO. 464
        AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend Subchapter X, Chapter 41, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 4180A. Obstruction of sidewalks and pedestrian right-of-ways.
        (a) No person shall stop, stand, or park a vehicle on a sidewalk or pedestrian right-of-way in a manner that obstructs or impedes pedestrian travel.
        (b) This section does not apply to:
        (1) Emergency vehicles.
        (2) Vehicles engaged in public works or utility repairs.
        (3) Vehicles lawfully authorized by the appropriate governing authority for temporary loading or unloading, provided that the vehicles lawfully authorized do not create a hazard to pedestrian movement.
        (c) Violators of this section are subject to a civil fine of:
        (1) $100 for a first offense.
        (2) $200 for a second offense in the same 12-month period.
        (3) $300 for all additional offenses in the same 12-month period.
        (d) A vehicle found in violation of this section may be towed at the vehicle owner’s expense.
        (e) Municipalities may adopt additional penalties and enforcement mechanisms for this section. This section does not limit the authority of municipalities to regulate parking or pedestrian access by local ordinance.
        Section 2. Amend Part IV, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        Chapter 70A. Public Streets and Parking Lots; Prohibited Practices
        § 7001A. Motor vehicle repair, sale, or temporary placement; prohibited practices.
        (a) No person may use any portion of public space, including streets, sidewalks, right-of-ways, alleys, highways, or parking lots, for any of the following purposes:
        (1) Detailing of motor vehicles.
        (2) Repair of motor vehicles.
        (3) Sale of motor vehicles.
        (4) Servicing of motor vehicles.
        (5) Storage of motor vehicles, other than lawful parking.
        (b) This section does not apply to activities taken in the course of an emergency or immediately following an emergency.
        § 7002A. Enforcement.
        Any police officer of this State, or a county or municipality therein, while in the performance of duty, may remove or cause to be removed any vehicle involved in the violation of § 7001A of this title. Any expense associated with such action may be assessed to the vehicle owner and to any person engaged in or otherwise participating in any activity in violation of § 7001A(a) of this title.
        § 7003A. Summons and penalty.
        (a) A uniform parking summons may be attached to an unattended vehicle found in violation of this chapter by any person authorized to enforce this chapter under § 7002A(a) of this title.
        (b) A summons left in violation of this chapter must contain the amount of the civil penalty assessed. The civil penalty assessed may not be less than $100 and not more than $300 for each violation.
        § 7004A. Payment by voluntary assessment.
        (a)  An owner, operator, or other person engaged in the violation of this chapter must pay the amount on the summons to the voluntary assessment center listed on the summons. No court costs or other administrative fee may be assessed if a civil penalty is paid by voluntary assessment. In lieu of payment, an owner, operator, or other person engaged in the violation of this chapter may notify the applicable voluntary assessment center, within the time period specified on the summons, that the owner, operator, or other person engaged in the violation of this chapter requests a hearing in the Justice of the Peace Court.
        (b) If any vehicle found to be in violation of this chapter is discovered and the identity of the owner, operator, or other person engaged in the violation of this chapter is not otherwise apparent, the person in whose name the vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The presumption may be rebutted if the owner. prior to the due date, furnishes to the voluntary assessment center either:
        (1) An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle.
        (2) Attaches a certified copy of a police report showing that the vehicle or license plate thereof was reported to the police as stolen prior to the time of the alleged violation.
        (c)(1) A request for a hearing must be made no later than the due date indicated on the summons, which date may not be sooner than 20 days from the date the summons was issued.
        (2) The voluntary assessment center must notify the appropriate Justice of the Peace Court when a hearing is requested.
        (d) The Justice of the Peace Court may, upon motion, enter a default judgment against the owner, operator, or other person engaged in the violation of this chapter. However, when the default judgment is sought for a failure to respond to the summons, no default judgment may be entered until notice by first class mail is sent by the Court to the owner, operator, or other person engaged in the violation of this chapter providing the owner or operator with 10 days to pay the civil penalty to the Court or request a hearing to contest the charge. A default judgment may include any applicable increases in the amount of the civil penalty for failure to timely pay or contest. The applicable city, county, or state agency may seek execution on any judgment entered by the Court.
        SYNOPSIS
        This Act creates civil penalties for vehicles that obstruct pedestrian right-of-ways. Fines range from $100-$300 depending on the number of offenses committed within a 12-month span. This bill also prohibits individuals from using public spaces, such as streets or public parking, to sell, store, service, detail, or work on cars. It also allows law enforcement to issue a ticket or tow a car that is in violation of this law. Civil penalties range from $100-$300 per violation.