Town of Bethany, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 190.
[Adopted by the STM 10-25-1999[1]]
[1]
Editor's Note: This resolution also repealed former Art. I, Parking During Snow Emergencies, adopted by the STM 5-18-1981.

§ 194-1 General authority of Traffic Authority.

A. 
Authority to adopt rules, regulations and restrictions. The Traffic Authority is hereby authorized and empowered to adopt such rules, regulations and restrictions relative to the routing of traffic and the parking of vehicles not inconsistent with the statutes of the State of Connecticut or this section which, in its judgment, may be deemed necessary for the proper regulation and control of vehicular traffic upon town roads and on town owned or operated property within the town and for the safety and convenience of the public.
B. 
Erection and maintenance of signs. The Traffic Authority is further authorized and empowered to erect and maintain signs in each town road and on town owned or operated property designating the time or terms of such regulations or restrictions on any town road or town owned or operated property coming under the jurisdiction of the town and the Traffic Authority.
C. 
Authority to remove abandoned vehicles. The Traffic Authority is further authorized and empowered to cause the removal from any town road or town owned or operated property any abandoned or unregistered motor vehicles or motor vehicles which are a menace to traffic or public health or safety. In doing so, the procedure for such removal is as set forth in Section 14-145 or Section 14-150 of the Connecticut General Statutes, as applicable.
D. 
Authority to adopt and amend schedule of fines. The Traffic Authority is further authorized and empowered to adopt and amend, as necessary, a schedule of fines for violations of the provisions of this section and/or the rules, regulations or restrictions adopted by the Traffic Authority pursuant to this section. In adopting said schedule of fines, the Board of Selectmen shall give due consideration to the gravity of the violation and the danger posed thereby to public safety. No fine shall be less than $5 nor more than $99 for any single violation.
E. 
Filing and publishing schedule of fines and rules, regulations and restriction. The Traffic Authority shall file with the Town Clerk any schedule of fines, rules, regulations and restrictions adopted or amended pursuant to this section and shall publish same in a newspaper having a substantial circulation in the town. Said fines, rules, regulations and restrictions shall become effective on the date they are filed with the Town Clerk.

§ 194-2 Definitions.

Unless the context clearly indicates a different meaning, the following words and phrases, as used in this article, shall have the following meanings:
COMMERCIAL MOTOR VEHICLE
Includes any vehicle designed or used for the transportation of merchandise or freight in excess of 12,000 pounds.
CROSSWALK
That portion of a highway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a highway distinctly indicated as a crossing for pedestrians by lines or other markings on the surface.
CURB
Includes the boundary of the traveled portion of any highway, whether marked by a curbstone or not so marked.
FIRE LANE
An area designated for use by emergency vehicles only.
HIGHWAY
Includes any public road or place (and the attendant sidewalks or walkways) under the control of the Town of Bethany dedicated, appropriated or opened to public travel or other use, including parking lots and areas open for public parking which are owned or are under the authority, control or operation of the town and any of its various departments or agencies.
INTERSECTION
The area embraced within the prolongation of the lateral curblines of two or more highways which join one another at an angle, whether or not one such highway crosses the other.
MOTOR VEHICLE
Any device for conveyance, drawing or other transportation of any person or property, including any automobile, truck or motorcycle powered by gasoline or diesel engine or electric battery.
OWNER
Any person, firm, corporation or association holding title to a motor vehicle or having legal right to register the same, including purchasers under conditional bills of sale.
PARKED VEHICLE
A motor vehicle, occupied or not, in a stationary position within the limits of a town owned or operated property, other than those vehicles stopped temporarily for the purposes of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise or stopped for any traffic regulations, traffic signs or signals.
REGISTRATION NUMBER
The number assigned by the state to a motor vehicle, whether or not such number includes a letter or letters.
SHOULDER
That portion of a highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway.
TOWN OWNED OR OPERATED PROPERTY
Includes all municipal buildings and facilities and parking areas adjacent thereto or serving those buildings and facilities; all municipal recreation areas; and all school and related buildings, facilities, parking lots and parking areas, playing fields and recreation areas.

§ 194-3 Parking prohibited.

No vehicle shall be permitted to remain stationary on any highway or town owned or operated property within the Town of Bethany in any of the following places:
A. 
Within 15 feet of any pressure fire hydrant, dry hydrant or any water source marked by the fire department.
B. 
Upon the traveled portion of any highway, except upon the right-hand side of such highway in the direction in which such vehicle is headed.
C. 
Within an intersection.
D. 
Within 25 feet of an intersection.
E. 
Within 25 feet of a marked crosswalk.
F. 
Within 25 feet of a stop sign caused to be erected in accordance with the provisions of § 14-301 of the Connecticut General Statues.
G. 
On the wrong side of the street.
H. 
Double parked.
I. 
In front of or so as to obstruct or interfere with the ingress or egress from any private driveway without the permission of the owner of such driveway. (Such parking or stationary position of any vehicle with such permission shall be subject to existing parking regulations.)
J. 
Upon any public sidewalk or walkway except to cross such sidewalk or walkway to enter or leave adjacent areas or to perform necessary sidewalk construction, maintenance or snow removal.
K. 
Within the limits of a public highway or on town owned or operated property in such a manner as to constitute a menace to traffic or public health or safety or obstruct free movement of traffic thereon or otherwise interfere with the use and enjoyment of such highway or town owned or operated property; however, a vehicle which becomes disabled to such an extent 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.
L. 
In a marked handicapped parking space without a proper identification card or license plate.
M. 
In a marked loading zone.
N. 
In a fire lane.
O. 
In any area which is posted "No Parking" or in any highway or town owned or operated property where parking is not permitted.
P. 
If such highway is curbed, further away than 12 inches from the curb, unless safety requires otherwise.
Q. 
If it is a commercial vehicle or truck, except for the purpose of delivery, service or service calls, in a residential zone.
R. 
In any area where the Traffic Authority has determined by regulation that the keeping of a vehicle stationary is dangerous to the public safety and a sign has been posted.
S. 
In violation of any pavement marking or parking restrictions or reservations posted and applicable to a given highway or town owned or operated property or the parking spaces located there.
T. 
In temporary snow removal areas.
U. 
In other than a highway or other town owned or operated property where parking is permitted.
V. 
In any manner which is dangerous to the public safety.

§ 194-4 Parking during and after storms.

A. 
No vehicle may stand or park on any highway within the town or on town owned or operated property in such a manner as to constitute a menace to traffic or public health or safety or be an obstacle to the convenient clearing of any parking lot during the time of falling snow, sleet or freezing rain, flooding conditions or other dangerous weather conditions or to hamper or interfere with the effective removal or plowing of snow or removal of ice from said highway or the sanding of ice on said highway.
B. 
Any vehicle violating the provisions of Subsection A above is hereby declared to be a menace to traffic and to public health and safety and dangerous to the general welfare of the public. However, any vehicle properly standing or parked in any town owned or operated parking lot during normal business hours, including during any regularly scheduled or town authorized nighttime or weekend meetings, may remain until the termination of such business hours or such meeting. If, however, the building serviced by the town owned or operated parking lot is closed early by virtue of a declared snow emergency or shortened business hours instituted to respond to falling snow, sleet, freezing rain, flooding or other dangerous weather condition, all vehicles must be promptly removed in accordance with the provisions of this section.
C. 
In any prosecution or proceeding under the provision of this section, the registered owner of any such vehicle shall, prime facie, be presumed to have parked or to have authorized the parking of said vehicle in violation of this section.
D. 
Any person who violates any of the provisions of this section shall, upon conviction, pay a fine as set forth on the schedule of fines adopted by the Traffic Authority.
E. 
In addition to the foregoing penalty, such vehicle left standing on the highway in violation of this section may be removed in accordance with Section 14-150 of Connecticut General Statutes.

§ 194-5 Exceptions.

A. 
The provisions of this article shall not apply to emergency vehicles or maintenance vehicles displaying flashing lights.
B. 
The provisions of this article do not prohibit a vehicle from stopping or being held stationary at the direction or with the permission of a town official or officer having control, jurisdiction or responsibility for the particular highway or town owned or operated property.
C. 
The provisions of this article shall be suspended as necessary in an emergency to avoid an accident or, in the event of an accident, when necessary to give a right-of-way to any vehicle or pedestrian.

§ 194-6 Fines, penalties and enforcement.

A. 
Fines and penalties.
(1) 
Whenever any vehicle shall be found parked in violation of this article or the regulations made pursuant to this article, any person authorized to issue tickets, summons or infractions under the authority of the Connecticut General Statutes may issue such ticket, summons or infraction for such violation.
(2) 
A fine (noted on the ticket) shall be payable to the Town of Bethany and remitted to the Town of Bethany within seven calendar days of the ticket date. If any fine is not paid within seven calendar days, a penalty in an amount equal to the fine shall immediately become due and payable in addition to the original fine and a warrant may be issued for the arrest of the violator.
(3) 
The registered owner of any vehicle parked in violation of this article shall be presumed to be its operator at the time of the issuance of a ticket.
(4) 
The adoption of this article shall not preclude the enforcement, by properly authorized officials, of the like provisions of the Connecticut General Statutes.
B. 
Towing and impoundment. The town may cause the removal and impoundment of any vehicle from any highway or town owned or operated property when such vehicle is parked in violation of any regulation of the State Traffic Commission or any town rule, regulations, order or ordinance. The expense and cost of such removal and impoundment shall be borne by the owner of the vehicle and shall be a lien upon the vehicle, payment of which will not release the owner of liability for the underlying violation.
C. 
Hearing procedure for parking violations. The hearing procedure for parking violations, as set forth in Section 7-152b of the Connecticut General Statutes, is hereby adopted by the town as its hearing procedure. The Traffic Authority is hereby directed to implement and follow said procedure in the enforcement of § 194-3. However, the procedure set forth in § 194-1C concerning abandonment or unregistered motor vehicles and motor vehicles, which are a menace to traffic or public health or safety, shall be utilized specifically for those violations.