Smyrna times., 1948-08-26
An Ordinance
Elwood Kemp.
Register of Wills.

AN ORDINANCE PROVIDING FOR
THE LEASING AND INSTALLING OF
AND REGULATING THE PARKING ON
CERTAIN STREETS IN THE TOWN OF
SMYRNA. AUTHORIZING THE USE OF
PARKING METERS ON SUCH STREETS,
AND PROVIDING PENALTIES FOR
VIOLATIONS.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE TOWN OF
SMYRNA IN REGULAR MEETING AS
SEMBLED.
SECTION 1.-The Mayor and Secretary
of the Town Council of The Town of
Smyrna be and they hereby are authorized
and directed to enter into contract for
the leasing by the Town of Smyrna and
the installation by the lessor of parking
meters. said contract to be subject to the
conditions and in the manner provided by
law and the payment for such meters and
the installation thereof to be provided for
solely from receipts, funds and revenue
obtained by The Town of Smyrna from the
operation of said parking meters and with
out in any manner obligating The Town OF
Smyrna to pay for the same or be re-
sponsible for the payment of the same
from any other source whatsoever.
SECTION 2-After the installation of
said parking meters, it shall be unlawful
for the owner or operator of any motor or
other kind of vehicle to park such vehicle
between the hours of A. M. and z. M.
on any day except Sundays and Legal Holi-
days as designated by the laws of the State
of Delaware. for more than two hours at
any one time upon positions or locations
on the streets herein designated and pre-
scribed as parking meter zones. to-wit, on
both sides of Main Street from South
Street to Mt Vernon Street.
Until parking meters are actually INSTALL
ed and in operation in the above parking
meter zones. the parking of motor and
other vehicles in said zones or that part of
IL a1, mot
installed. shall be limited to such parking
time and subject to such parking regula-
tions as have heretofore been fixed by other
ordinance or ordinances of The Town OF
Smyrna.
SECTION 3.-on streets so designated
as parking meter zones. the Town Manager
shall cause parking spaces to be clearly
painted or otherwise marked on the curb
and /or street pavements and/or otherwise
as may be deemed by him most expedient,
and in each parking space SO marked and
defined he shall cause to be erected park
ling meter, which upon the deposit of
coin or combination of coins OF the United
States as indicated on the parking meter,
will entitle the person parking in such
space or location for the limited time as
is also indicated on the parking meter and
the time when such parking period has
elapsed.
SECTION Am order that the police
officers of The Town of Smyrna may COM
pute the time during which motor or
other vehicle is parked, the owner or oper-
ator of such vehicle shall. upon entering
such parking space during the time OF
limited parking. Immediately deposit a coin
or combination of coins of the United
States in the parking meter installed at
the side of said parking space so occupied
| and shall operate such parking meter IN
accordance with the instructions thereon.
H Failure so to do on the part of such person
last herein named shall constitute VIOLA
4 ton of this Ordinance. Upon deposit OF
/ such one-cent or five-cent coins and placing
/ the meter in operation thereby, such park
i ling space may be lawfully occupied py sucn
Il vehicle during the period of parking time
i which has been prescribed for the par
II ticular coin or amount deposited.
II The parking meters, when lnstalled ant
4 properly in operation. shall be SO adjusted
L so that one-cent and tive-cent COINS ma!
1 be deposited therein at any time throueh,
\ out the two hour range OF the meters, cay
l one-cent coin permitting the VENICE 10 y
l marked in such space for a period not II
excess of twelve minutes and each fve-cen
coin permitting the vehicle to be parked il
such space for a period not exceeding slNt,
| minutes. If such vehicle shall remsll
1 parked in any such parking space 10
1 such length of time that the meter shal
indicate by proper signal thereon that IN
1 lawful period so paid for has expired, sue
vehicle shall be considered as having pee
u parked overtime and such overtime parkin
. of such vehicle shall be violation Oh I'M
ordinance.
SECTION St shall be unlawful an
\ If shall be a violation of this ordinanc
I)l to mark any vehicle across any line o
W other marking designating parkin
M space or to so park a vehicle IN any man
l ner that all parts of the vehicle snail nc no
ri be wholly within a parking space as desle
ll mated by said lines or other markings.
NJ SECTION ct shall be unlawful an
oh oil ha win Of ordinance
M cause to be deposited in any parking mete
XXI a slug. device or any metallic or other sub
XXX stitute for a coin of the United States de
'V posted or attempted to be deposited in sal
XXI meter to cause the operation thereof il
IN lieu of a coin of the United States.
M SECTION Tt shall be unlawful an
XXI shall be violation of this ordinance TO
XXX any person to deface tamper with. dam
XXX age. open or wilfully break. destroy or i'm
M pair the usefulness and/or operation O
W any parking meter installed under tn
M terms of this Ordinance.
IN SECTION SIN each case of violatio
lW of any provision of this ordinance, tn
lt police officer of the Town of Smyrna oh
M serving such violation shall place on tn
IU vehicle which is parked in violation of an
w provision of this ordinance written motto
Wy to the owner or operator thereof that sue
w vehicle has been or is parked in violatio
w of one or more of the provisions of thi
w ordinance and notifying such owner o
M operator to report at the office of tn
M Town Manager in the Municipal Building
(( Main Street. Smyrna, Delaware, and
Xxx such owner or operator within seventy-tw
iW hours of the time of such notice shall pa
iI for the benefit of the Town of Smyrna q
lV the said Municipal Building a penalty q
w One Dollar (S1.00) for each such violation
w such owner or operator shall not be sui
w iect to further prosecution for such speciti
w violation of this ordinance and shall nc
w be liable under the provisions of Section
M of this ordinance.
III SECTION 9.-Any person, firm, or col
Nv poration violating any provision of thi
M ordinance or aiding. abetting or assstin
III in the violation of any provision of thi
W ordinance and who does not pay the per
lll atty of One Dollar ($1.00) at the place an
Xxx within the time limit established in Sectio
Wi 8 of this ordinance. shall upon convictio
M before the Alderman of The Town c
M Smyrna. or before any other person havin
UI legal authority in lieu of the Alderman,
w sentenced to pay fine of not less tina
IV Five Dollars ($5.00) and not more tha
w One Hundred Dollars ($100.00). togethe
w with the costs of prosecution, for each oil
w fense. and in lieu of the payment of sue
M fine and COSTS shall be sentenced to in
IN prisonment for term of not more tha
ll five days.
w SECTION 10.-If any section or pre-
M vision. or part thereof, of this ordinanc,
M shall be adjudged to be invalid or uncor
III stitutional by court of competent juris
ll( diction. such adjudication shall not affec
XXX the validity of the ordinance as a Who'll,
Xxx or of any section, provision or part there
XIX of. not specifically so adjudged to be in
Il valid or unconstitutional.
lV L,PLrUl. Tf avoacc oo;d oo1,cac W.,