Wilmington City Code § 2-298 Transportation-related functions and duties; reports.
Sec. 2-298. - Transportation-related functions and duties; reports.
Generally. The public works, finance, and planning departments shall have the powers, duties and responsibilities to perform the following functions:
(1) The department of public works shall coordinate the engineering, including the design and configuration of available on-street parking spaces in order to provide the maximum motor vehicle parking space utilization without hindering the expeditious flow of motor vehicle traffic;
(2) The department of public works shall recommend to the mayor and city council appropriate regulations, policies and procedures to enhance the availability of motor vehicle parking space throughout the city;
(3) The finance department shall recommend to the mayor and city council any increases or decreases, addition or dele-tion of rates, fines, fees, and penalties for parking of motor vehicles on-street and on any other public properties;
(4) The department of public works shall coordinate for city government all parking-related activities with the parking authority of the city and other duly authorized motor vehicle parking associations;
(5) The finance department shall coordinate the efficient collection and billing of motor vehicle parking revenues including, but not limited to, parking meter fees, parking fines, penalties, and interest and any other revenues having to do with enforcement of regulations of on-street parking of motor vehicles, and collect all fines due to the city from parking violations, the transfer of such functions in sections 6-108 and 6-109(e) of the city charter being authorized in this subsection;
(6) The department of public works shall coordinate the enforcement of motor vehicle parking regulations, using all legal means of enforcement including, but not limited to, ticketing, booting and towing of motor vehicles, and arrests of their owners, or drivers, or both;
(7) The department of public works shall maintain, repair, and replace all city parking meters and parking signage, when, as and if necessary;
(8) The finance department shall maintain all relevant records, data, information, and statistics regarding motor vehicle parking activities;
(9) All departments shall respond swiftly and effectively to complaints, inquiries, and questions from members of the public, the city council, and any other organizations or entities regarding on-street motor vehicle parking issues;
(10) The finance department shall coordinate procedures and policies with the department of public works, the department of licenses and inspection, and the municipal court regarding the initiation, adjudication and resolution of ticketing, booting, towing, and other lawful enforcement methods when, as, and if disputed by persons who are subject to such enforcement efforts;
(11) The finance department shall administer the city's residential parking sticker program as set forth in chapter 37 of this Code;
(12) The department of public works, with input from the planning department shall provide an analysis of motor vehicle traffic and parking impact when, as and if required in connection with the requirements of section 42-46 regarding the curb-cut permit system and site plan review requirements;
(13) The department of public works shall coordinate for city government, all transportation planning with other levels of government, including the entities known as DelDOT, DART, and AMTRAK and any other duly authorized rail transportation, taxi companies and other similar organizations or entities;
(14) The department of public works, in conjunction with the planning department, shall promote the responsible growth of mass transit, carpooling, and other reasonable, alternative means of transportation, including bicycling;
(15) The planning department shall cooperate with the Wilmington Arts Commission, the Convention and Visitors' Bureau, the Delaware Development Office and various cultural institutions as to the creation and use of uniform directional signage for cultural attractions located in this city;
(16) The planning department shall coordinate policies and procedures with the department of licenses and inspections in order to ensure compliance by private business organizations and entities with all applicable provisions of city codes and regulations including, but not limited to, those regarding paving of parking spaces and lots, landscaping, curb cuts and related matters; and
(17) The department of public works shall coordinate such other rules, regulations, policies, procedures, inquiries, studies and undertakings as may be deemed necessary pursuant to city ordinances, rules and regulations, or executive orders of the mayor; generally, and as more specifically provided in this Code, make such regulations governing traffic and parking on city streets as shall be authorized by statute or ordinance; establish and determine the type and location of any and all signs, signals, markings and devices for regulating and controlling vehicular and pedestrian traffic as shall be authorized and not inconsistent with statute or ordinance; install, repair, maintain and operate them; collect and compile traffic data; prepare engineering studies and surveys in regard to vehicular and pedestrian traffic; prepare analyses of traffic accidents for determining their causes and means for their prevention; and institute and conduct an educational and public information program for the purpose of promoting the safety and unimpeded movement of vehicular and pedestrian traffic.
(18) Any residential community where 25 or more residents of a designated census tract that have identified residential street traffic issues that substantially affect the livability and safety of the community may present a petition setting forth said issues to the commissioner of the department of public works ("commissioner"), or their designee. The procedure for this process is outlined below:
a. The petition must provide sufficient detail regarding the exact street traffic issue and how it substantially affects the livability and safety of the community. At least two pictures of the street traffic issue (taken at different locations/vantage points on the street) are required to be included with the petition. Video footage of the street traffic issue can also be submitted, but is not required. The petition shall be signed by 25 residents in the designated census tract affected by the street traffic issue. Each resident shall include their typed address above, below, or next to their signature. One of the 25 residents shall indicate on the petition that he or she is the resident filing the petition (the "filer"). The filer shall file the petition with the commissioner, or their designee, through electronic or standard mail.
b. Upon receiving a petition, the commissioner, or their designee, shall first determine if the petition:
1. Meets the requirements of subsection a. above;
2. Concerns streets owned only by the city;
3. Involves traffic issues as defined in section 37-1 of the City Code; and
4. Concerns residential street traffic issues that substantially affect the livability and safety of the community. That is, residential street traffic issues that involve frequent pedestrian accidents, frequent and significant vehicle accidents, or the creation of new traffic patterns resulting from new construction or increased pedestrian or vehicular volume.
c. If the commissioner, or their designee, is convinced that subsection (18)b. have all been satisfied, then the commissioner, or the designee, shall schedule a meeting with the residents to discuss the asserted issues in the petition within 60 days of its initial determination. The commissioner, or their designee, shall notify all petitioners by notifying the filer of the petition through electronic or standard mail that the commissioner, or their designee, will be meeting with the petitioners at a set date, time, and location. If the petition fails to satisfy one or more of the requirements in subsection (18)b., then the commissioner, or their designee, shall notify the filer of the petition through electronic or standard mail that the commissioner will not proceed to subsection (18)c. with the petition because it has not satisfied the necessary requirements.
d. If after the initial subsection (18)c. meeting, the commissioner, or their designee, determines a study should be conducted then the Commissioner, or their designee, shall solicit bids from outside consultants to perform the relevant study, unless the commissioner, or their designee, determines that the department of public works has sufficient staff and resources to perform the study internally. The study shall conform with the most recent Manual on Uniform Traffic Control Devices and be advisory.
e. Upon receiving the findings and recommendations of the study, the commissioner, or their designee, shall issue a final decision to the filer of the petition through electronic or standard mail as to whether all, some, or none of the recommendations in the study will be implemented. The fact that the city is unable to afford the implementation of the recommendations will be a sufficient reason to prevent implementation.
(Code 1968, § 20-83(a); Ord. No. 92-053(sub 1), § 3(l), 7-2-92; Ord. No. 95-043, § 1, 7-13-95; Ord. No. 23-029, § 1, 6-6-24)