By Glenn Rolfe

SEAFORD — City Council unanimously backed an ordinance by Police Chief Marshall Craft Jr. on Tuesday, geared to keep pedestrians out of medians and a safe distance from intersections.

The vote bypassed a letter from American Civil Liberties Union Delaware, requesting that the city not adopt the proposal.

“I want to reiterate from our last meeting — because I know there’s a letter from the ACLU that may very well be addressed tonight, and that’s fine — but I want to make it clear once again: This is a pedestrian-safety ordinance,” said Chief Craft. “This a not a loitering-for-the-purpose-of-begging ordinance. It doesn’t matter if it is a panhandler or somebody that is just loitering. I’m looking at this from, once again, a pedestrian-safety measure.”

The ordinance’s provisions include:

• No person, other than a person in or on a vehicle, shall be on a city street and approach any vehicle in operation, except a vehicle that is legally parked at the curb or the shoulder.
• No person shall be upon a median of a city street unless that person is crossing the highway in a safety zone or crosswalk. Evidence of a violation of this section is if a person stays on the median through two consecutive opportunities to cross the highway in a legal manner.
• No operator of a vehicle shall park, stop or leave standing the vehicle on a city street where prohibited or suddenly decrease speed of their vehicle or deviate from a traffic lane for the purpose of responding to persons violating city code.
• The ordinance applies to intersections at any street or right of way within the incorporated boundaries of the city but only for the first 200 feet of the intersection, as measured along the center lines where the two rights of way intersect.

Chief Craft said the ordinance was created due to vehicular crashes rising significantly in the city, as well as statewide.

In 2020, Seaford police recorded 533 crashes, six of which involved pedestrians. In 2021, there were 13 pedestrian crashes among 621 total. In each year, there were two crashes involving bicycles, one that was fatal.

The chief said the most frequent causes for collisions are driver inattention and distraction. “People are just not paying attention,” he said.

Along Sussex Highway, two areas of concern are the McDonald’s and Walmart intersections. Other targets are Bridgeville Highway/Herring Run Road and Bridgeville Highway/East Stein Highway, near Dunkin’.

The plan is to paint lines and possibly install signage in those spots.

“We’re mainly going to mark the main intersections right now. If we find other high-crash areas where we are having problems with people that might be loitering or standing, then we can always mark it,” Chief Craft said.

When the chief first proposed the ordinance in January, ACLU objected, saying free speech is protected under the First Amendment and that people have a constitutional right to ask for help.

“Laws that seek to limit how, when and where people are allowed to ask for assistance are targeted toward erasing low-income earners from our community,” said ACLU Delaware executive director Mike Brickner. “Rather than focus on limiting people’s right to ask for help, leaders in Seaford should turn their attention to the underlying issues that contribute to housing insecurity, joblessness and food scarcity.”

At Tuesday’s meeting, Councilman Jose Santos asked about the ACLU letter. City manager Charles Anderson said it had been sent to city solicitor Daniel Griffith.

“I asked (Mr. Griffith) if we needed to read it into the record, and he told me that we did not because every council person received it, and we don’t have public comment,” said Mr. Anderson.

Chief Craft said his police department is doing precisely what ACLU is asking.

Armed with $321,000 in grant funding, he said a diversion program is in place, encompassing both the Seaford and Laurel police departments.

“I know that there are people in need. I know that you can’t arrest your way out of situations. The goal is not to arrest folks that have substance abuse problems and need food, shelter, the basic needs,” said Chief Craft. “If you constantly arrest, you are not addressing the underlying causes. I think that is kind of what the ACLU was referencing.”

The Seaford agency has partnered with Love INC. “You can’t get any better than that. We try to use them as a resource for folks that need services,” he said. “There are other agencies willing to provide shelter, food and things of that nature.

“If they are eligible … and they are willing to go into a program, we will simply just … clear the complaint and not arrest them and refer them into diversion, so they can get help and get back into a normal life.”

The goal is voluntary compliance, but advertisement through social media will come first, he said.

“We wouldn’t be charging them. We’d make them aware of education, try to get voluntary compliance. Now, if they come back and refuse services, then at some point, they would be charged because the goal is to try to make that environment safe.”

The new law is based on a similar one in Madison, Wisconsin, which Chief Craft said does not restrict panhandling.

The ordinance will go into effect 30 days after its posting date.

“That gives us time to go ahead and make our staff aware,” Chief Craft said.

The fine for a first-offense violation would be no more than $50. Subsequent offenses would be no less than $100.

“We’re a way off from being ready to cite someone,” Chief Craft said. “That is not the goal. We would set the standards for what the intent is behind this. It is truly to prevent pedestrians from getting struck. … I think that is giving plenty of opportunity to help folks, plenty of opportunity for them to not get charged, plenty of opportunity for them to get resources.”