Smyrna times., 1955-05-19

TOWN OF SMYRNA. AUTHORIZING
THE USE OF PARKING METERS
ON SUCH STREETS. AND PROvID-
ING PENALTIES FOR VIOLATIONS
Be 1t Ordained by the Mayor and
Council of the Town of Smyrna in
Regular Meeting Assembled:
Section THE Mayor and Secretary
of the Town Council of the Town of
Smyrna be and they hereby are auth
orized and directed to enter into a
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 in
stallation 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 without in any manner obligating
the Town of Smyrna to pay for the
/ same or be responsible for the payment
of the same from any other source
whatsoever.
Section 2-After the installation of
said parking meters, it shall be unlaw-
full for the owner or operator of any
motor or other kind of vehicle to park
such vehicle between the hours of 9 Am.
and PM. Monday thru Thursday and
Friday and Saturday except 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 designated and
prescribed as parking meter zones by the
Mayor and Council of The Town of
Smyrna.
Section Son 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/o other
wise as may be deemed by him most
eXpedient, and in each parking space so
marked and defined he shall cause to
be erected parking meter, which upon
the deposit of a 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 in
dicated on the parking meter and the
time when such parking period has
elapsed.
Section 4-In order that the police
officers of the Town of Smyrna may
compute the time during which a motor
or other motor vehicle is parked, the
owner or operator of such vehicle shall.
upon entering such parking space dur
ing the time of limited parking, inn
mediately 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 accord
ance with the instructions thereon. Fail
ure so to do on the part of such per-
son last herein named shall constitute
violation of this ordinance. Upon de-
posit of such one-cent or hve-cent coins
and placing the meter in operation there
by, such parking space may be lawfully
occupied by such vehicle during the per-
iod of parking time which has been
prescribed for the particular coin or
amount deposited.
The parking meters, when installed
and properly in operation, shall be SO
adjusted so that one-cent and fve-cent
coins may be deposited therein at any
time throughout the two hour range of
the meters, each one-cent coin permit
ting the vehicle to be parked in such
space fol. period not in excess OF
twelve minutes and each five-cent coin
permitting the vehicle to be parked in
such space for a period not exceeding
sixty minutes. If such vehicle shall re-
main parked in any such parking space
for such length of time that the meter
shall indicate by proper signal thereon
that the lawful period so paid for has
expired, such vehicle shall be considered
as having been parked overtime and such
overtime parking of such vehicle shall
be violation of this ordinance.
Section Sit shall be unlawful and it
shall be a violation of this ordinance
to park any vehicle across any line de-
signated parking space or to SO park
vehicle in any manner that all parts
of the vehicle shall not be wholly with
in a parking space as designated by said
lines or other markings.
Section cit shall be unlawful and
shall be a violation of this ordinance
to cause to be deposited in any parking
meter a slug, device or any. metallic or
other substitute for a coin of the United
States deposited or attempted to be de-
posted in said meter to cause the oper-
alton thereof in lieu of a coin of the
United States.
Section Tt shall be unlawful and
shall be violation of this ordinance
damage. open or wifully break, destroy
or impair the usefulness and/or opera
ton OF any parking meter installed under
the terms of this ordinance.
Section BIT shall be the duty of the
police officers of the town. acting in
accordance with the instructions issued
by the Chief of Police, to report:
| (a) The number of each parking meter
which indicates that the vehicle oc-
cupying the parking space adjacent to
such parking meter is, or has been.
parked in violation of any of the pro-
visions of this ordinance.
(b) The date and hour of such VIOLA
ton.
(cl The State License number of such
vehicle.
i'd. Any other facts and knowledge of
which is necessary to a thorough un-
derstanding of the circumstances at
tending such violation.
Each police officer shall also place on
such vehicle notice to the owner or
operator thereof, that such vehicle has
been parked in violation of the provi-
sons of this ordinance and instructing
such owner or operator to report at the
office of the Town Manager of the Town
of Smyrna in regard to such violation.
Each such owner or operator may, with
in seventy-two hours of the time when
such notice was attached to such vehicle,
pay at the office of the Town Manager
as a penalty for and in full satisfac-
ton of such violation, the sum of One
Dollar ($1.00). The failure of such own
at the office of the Town Manager
within said seventy-two hours, shall rend-
er such owner or operator subject to
the penalties hereinafter provided for vio-
lation of the provisions of this ordin-
ance.
Section 9-Any person, firm or corpora
tion violating any provision of this ord
in the violation of any provision of this
ordinance shall upon conviction before
the Alderman of the Town of Smyrna,
or any other person having legal author
ity in lieu of the Alderman, be SEN
fenced to pay fine of not less than
One Dollar (s1.00) and not more than
One Hundred Dollars (s100.00), together
with the costs of prosecution, for each
offense and in lieu of the payment thereof
shall be sentenced to Imprisonment for
term of not more than five days.
Section 10--If any section of provision,
or part thereof, of this ordinance, shall
be adjudged to be invalid or unconstitu-
tionaI by a court of competent jurisdic-