CHAPTER 114

FORMERLY

HOUSE BILL NO. 172

AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO SIGNAGE ON PARKING SPACES OR ZONES DESIGNATED FOR USE BY PERSONS WITH DISABILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 3, Title 9 of the Delaware Code by adding thereto a new section to read:

"§310. Parking spaces for use by persons with disabilities.

(a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of each incorporated municipality within each county shall, on or before March 1, 2004, adopt regulations or ordinances regarding the duty of individuals and artificial entities to erect and maintain signage on parking spaces or zones for use by persons with disabilities.

(b) The signage regulations or ordinances adopted pursuant to subsection (a) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to erect and maintain signage, but has failed to do so. If, after 30 days from the date that a warning is issued, the individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or apply for a warrant in the name of the offending individual or artificial entity.

(c) A municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality's adopted regulations or ordinances may not be less restrictive than those of the county.".

Section 2. Amend Chapter 1, Title 22 of the Delaware Code by adding thereto a new section to read:

"§110. Parking spaces for use by persons with disabilities.

(a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of each incorporated municipality within each county shall, on or before March 1, 2004, adopt regulations or ordinances regarding the duty of individuals and artificial entities to erect and maintain signage on parking spaces or zones for use by persons with disabilities.

(b) The signage regulations or ordinances adopted pursuant to subsection (a) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to erect and maintain signage, but has failed to do so. If, after 30 days from the date that a warning is issued, the individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or apply for a warrant in the name of the offending individual or artificial entity.

(c) A municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality's adopted regulations or ordinances may not be less restrictive than those of the county.".

Section 3. The Chief Clerk of the House of Representatives shall, within 30 days after the enactment of this Act, send by certified mail a copy of this Act to every county and incorporated municipal government in the State.

Approved July 3, 2003