CROSS REFERENCES
Administration generally – See Ch. 2.
Police – See Ch. 17.
Streets and sidewalks – See Ch. 18.
STATE LAW REFERENCES
Authority to regulate traffic – See General Statutes Sections
7-148, 14-162, 14-299 et seq.
Rules of the road – See General Statutes Section 14-212
et seq.
[Ord. of 3-15-1979,[1] §§ 1–9; Ord. of 9-25-1990; Ord. of 3-13-1995; Ord. of 6-12-1995; Ord. of 4-28-2008]
In accordance with section 14-297 et seq. of the Connecticut General Statutes as amended, and the provisions of sections 20-3 and 20-4 of the Code of New Milford, The Traffic Authority of the Town of New Milford is the designated municipal agency vested with the powers and authority granted by this chapter and the General Statutes.
(a)
No person
shall park any motor vehicle or permit it to remain stationary upon
the traveled portion of any public highway. In areas where parking
is permitted on South Main Street, Church Street, Aspetuck Avenue
and Treadwell Avenue, vehicles may only park upon the right-hand side
of such highway and in the direction in which such vehicle shall be
so placed so that its right-hand wheels, when stationary, shall, when
safety will permit, be within a distance of 12 inches from the curb.
Diagonal parking and standing or parking or standing on the left-hand
side of one-way streets, however, shall be permitted in such areas
as the traffic authority may designate by appropriate signs and/or
markings No motor vehicle shall be parked so as to take up more than
one designated parking space, nor shall any such vehicle be parked
in a designated parking space such that the vehicle encroaches into
or prevents the use of an adjacent, designated space.
(b)
No person shall park any motor vehicle or permit it to remain stationary
within the limits of any public highway in such a manner as to constitute
a traffic hazard or to obstruct the free movement of traffic thereon,
nor shall any person double-park any motor vehicle. However, a vehicle
which has become disabled so that it is impossible or impractical
to remove it may be permitted to remain for a reasonable time for
the purpose of making repairs thereto or of obtaining sufficient assistance
to remove it.
(c)
No person shall park any motor vehicle or permit it to remain stationary
within 10 feet of any fire hydrant.
(d)
Unless in a designated parking space, no person shall park any motor
vehicle or permit it to remain stationary within 25 feet of a marked
crosswalk, an intersection or a stop sign.
(e)
No person shall operate any motor vehicle upon, nor shall any motor
vehicle be left parked, standing or stopped on or across, any public
sidewalk, except to cross such sidewalk to enter or leave adjacent
areas or to perform necessary sidewalk construction, maintenance or
snow removal. No motor vehicle shall be parked in such a manner as
to obstruct the entrance or exit of a driveway.
(f)
No person shall park any motor vehicle or permit it to remain stationary
in any place where, or during any period when, parking is prohibited
by the traffic authority as indicated by appropriate signs and/or
markings.
(g)
No person shall park any motor vehicle or permit it to remain stationary
for a longer period of time than that permitted by the traffic authority
as indicated by appropriate signs and/or markings.
(h)
Overnight parking.
(1)
No person shall park any motor vehicle and permit it to remain stationary
overnight within the limits of any public highway so as to create
a nuisance or hazard during the time of falling snow, sleet or freezing
rain or to obstruct or interfere with snow removal and/or sanding.
(2)
No person shall park any motor vehicle or permit it to remain stationary
overnight within the limits of any Town highway during each calendar
year from November 15 through December 31 and from January 1 through
March 15.
(3)
The term "overnight parking" refers to 1:00 a.m. to 7:00 a.m.
(i)
Fire lanes.
(1)
No person shall park, or permit to stand, a motor vehicle in the
fire zone or fire lane established by the Fire Marshal of the Town
of New Milford except when actually picking up or discharging passengers.
Any person violating this section shall be fined $100. The registered
owner of a motor vehicle shall be presumed to be the operator of such
vehicle.
(2)
Whenever the Fire Marshal of the Town of New Milford establishes
a fire zone or fire lane pursuant to the General Statutes of the State
of Connecticut and/or the Fire Safety Code of the State of Connecticut,
he shall cause to be erected or installed adequate signs, pavement
markings or other devices to delineate such fire zones or fire lanes.
Such signs shall read: "Fire Lane, No Parking, Violators Will Be Ticketed."
Such fire zone or fire lane shall extend outward from the curb, sidewalk
or other point established by the Fire Marshal, to the first curb
or the first parking space opposite the fire zone or fire lane, whichever
is closer. Markings shall be of yellow line strips, three feet out
from curbs and/or parking spaces, as the case may be, with the words
"No Parking, Fire Lane." Markings shall also include arrows or other
designations where necessary to indicate the area of the fire lane
in between the yellow line strips. Such signs and markings shall be
installed, if the premises are privately owned, at the expense of
the owner, and shall be erected by the owner within 30 days after
receipt of written notice from the Fire Marshal directing the installation
of such signs or pavement markings. Such signs or pavement markings
shall conform to federal and state requirements for uniform traffic
control devices.
(j)
Special parking spaces for handicapped persons.
(1)
Authority to designate spaces. This section shall apply to all new
and existing sites for which either Section 14-253a of the Connecticut
General Statutes or the State Building Code requires special parking
spaces for the handicapped. The Traffic Authority of the Town of New
Milford ("Traffic Authority") is hereby authorized to designate special
parking spaces for the handicapped on all such sites. In addition,
the Traffic Authority may designate special parking spaces for the
handicapped on Town streets and highways, which spaces shall be of
such size and location as it may specify.
(2)
Number of spaces to be provided; location. The number of special
parking spaces for the handicapped which the Traffic Authority may
designate for a particular off-street site shall be the number of
spaces required by Section 14-253a(e) of the Connecticut General Statutes
or the number of spaces required by the Connecticut State Building
Code, whichever number is greater. Special parking spaces for the
handicapped shall be located and identified as required by Section
14-253a of the Connecticut General Statutes and by the State Building
Code, provided that the Traffic Authority may adopt additional requirements
for identifying such spaces as it deems reasonably necessary.
(3)
Penalty. Whenever any vehicle shall be found parked in violation of this section, any police officer of the New Milford Police Department or the Parking Enforcement Officer of the Town of New Milford may issue a citation for such violation, which shall provide for a violation fee of $100 payable to the Town of New Milford. Violation of any other provision of this section shall provide for a violation fee of $50. The provisions of § 20-5 of this chapter for notice of violation and hearing shall apply to violations of this section.
[1]
Editor's Note: This ordinance also repealed former Ch.
20, Traffic, derived from Ord. of 6-19-1964.
[Ord. of 3-15-1979, § 10]
Nothing in § 20-1 shall be construed to apply to emergency vehicles or to maintenance vehicles displaying flashing lights, or to prohibit a vehicle from stopping or being held stationary by any officer, in an emergency to avoid an accident or to give the right-of-way to another vehicle or a pedestrian.
[Ord. of 3-15-1979, § 11; Ord. of 9-25-1990; Ord. of 6-8-1998]
(b)
The Traffic Authority of the Town of New Milford shall have all powers
and perform all duties imposed upon Traffic Authorities by law. However,
no regulation, rule or order of said authority designating through
streets or stop or yield intersections; or establishing one-way streets;
or establishing safety zones or bus stops or public service motor
vehicle stands; or establishing taxi stands in front of hotels; or
prohibiting, limiting or restricting parking; or determining loading
or unloading zones; or otherwise regulating or controlling traffic
in such a manner that is reasonable or practicable to install appropriate
signs, signals or markers giving notice of such regulations shall
be effective unless there are installed such signs, signals or markers
as are reasonably calculated to give notice of said regulation to
motorists or pedestrians.
[Ord. of 3-15-1979, § 13; Ord. of 9-25-1990; Ord. of 3-8-1999; Ord. of 5-19-2007; Ord. of 4-28-2008]
(a)
Whenever any vehicle shall be found parked or stationary in violation of this chapter, a parking enforcement officer duly designated by the Chief of Police or any police officer may serve upon the owner or operator of such vehicle, or attach to such vehicle, a notice of such violation. The notice of violation shall specify that the applicable violation fee shall be paid within 10 days unless within such ten-day period such owner or operator shall request a hearing pursuant to Subsection (c) hereof.
(c)
An owner or operator of a vehicle to which a notice of violation is issued pursuant to § 20-5(a) who wishes to contest his liability on account of such violation may request a hearing before a duly appointed hearing officer. Such hearing shall be requested by returning the notice of violation, unpaid to the Police Department within 10 days of issuance, indicating thereon that a hearing to contest the notice of violation is requested and the name, address and telephone number of the person requesting such hearing. Upon receipt of the request for hearing, the Police Department shall immediately forward same to the Town-appointed hearing officer. Upon receipt of such request for hearing, the hearing officer shall give the person requesting the same written notice of the date, time and place of hearing. Such hearing shall be commenced within 30 days from the date of the filing of such request for hearing. At any such hearing, the owner or operator to whom such notice of violation was issued shall have the burden of establishing that such notice of violation was improperly or erroneously issued or that such violation fee shall be abated for good cause.
(d)
Except as provided in § 20-5(c), the owner or operator to whom a notice of violation is issued shall pay the established violation fee within 10 days of the issuance of the notice of violation. If a hearing is requested and the notice of violation is not vacated or abated, such person shall pay the established violation fee within 10 days of such adverse hearing decision. Upon the payment of such violation fee within 10 days, a prosecution under this chapter shall be barred. Should the owner or operator elect not to pay the violation or does not pay the violation fee within the time permitted, the Police Department shall be authorized to seek an arrest warrant to prosecute the owner or operator for the violation of this chapter.
(e)
The Mayor shall appoint a suitable person, who shall not be a member of the State Police or the New Milford Police Department, to be a hearing officer to hear applications contesting notices of parking violations as provided herein and to determine, as provided in Section 14-150 of the General Statutes, whether or not the towing of any vehicle in the municipality was authorized under the provisions of Section 14-150 of the General Statutes, as incorporated into the Code of Ordinances by virtue of § 20-6.
(f)
The foregoing schedule of violations and fines shall not be construed to preclude, impair or affect the enforcement of any other rule, traffic or parking regulation that is provided by law, including without limitation, the terms and provisions of Article I, Chapter 18, § 18-1 et seq. pertaining to snow emergencies.
[Ord. of 3-15-1979, § 14]
(a)
Whenever any vehicle shall be found parked or stationary in violation of § 20-1(b), (h) or (i) of this chapter, such vehicle may be removed by or under the direction of a member of the Police Department, by means of towing or otherwise, to a public or private parking facility located within the Town of New Milford. Such removal of any vehicle shall be deemed to be the abatement of a nuisance and shall be at the risk of the owner or person entitled to the possession of such vehicle.
(b)
The provisions of Section 14-150 of the Connecticut General Statutes
pertaining to notice and hearing, liability for towing and storage
charges and sale of motor vehicles to satisfy the lien for towing
and storage charges are hereby incorporated into this chapter by reference.
[Ord. of 3-15-1979, § 15]
(a)
The following ordinances are hereby repealed:
(b)
To the extent that the Rules and Regulations adopted by the Board
of Selectmen as Traffic Committee pursuant to authority granted said
Traffic Committee by virtue of a vote of the Town of New Milford passed
at a Special Town Meeting held on August 1, 1931, are inconsistent
with the provisions of this ordinance, such Rules and Regulations
are hereby repealed and the provisions of this chapter shall control,
otherwise, said Rules and Regulations shall remain in full force and
effect.
