City of Middletown, CT
Middlesex County
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Table of Contents
Table of Contents

§ 285-1 Payment of fine for parking violations.

[Added 3-2-1987; amended 3-1-1999; 11-3-2003]
A. 
Any person receiving notice of the violations listed in § 285-20 may appear at police headquarters of the City, and such person shall pay to the Meter Clerk or to such other person as indicated on the citation the appropriate fine. Upon payment of such amount prosecution for the violation in question shall be barred:
B. 
Any person having six or more outstanding violations, of which notice has been forwarded to the State Motor Vehicle Department, must remit payment of fines by cash, certified check or money order.

§ 285-2 Parking in areas reserved for persons with disabilities.

[Added 5-4-1981; amended 1-5-1998; 11-3-2003]
No person shall park any motor vehicle in a public or private area reserved for the exclusive use of persons with disabilities unless such vehicle is registered as a passenger or passenger and commercial vehicle and a special parking identification card or special license plate bearing numerals or letters, or any combination thereof, followed by the International Symbol of Access issued by the State of Connecticut or the official identification of a disabled person issued by any other state, district or territory subject to the laws of the United States is displayed on such vehicle and the disabled person to whom such special identification card or special license plate or official identification has been issued is the operator of or a passenger in such motor vehicle.

§ 285-3 Traffic calming.

[Added 4-2-2001]
A. 
The Police Department of the City of Middletown is hereby designated the implementing authority for the organization and operation of a Traffic Calming Program in accordance with this section. In developing traffic calming programs for community streets, the implementing authority may utilize measures to reduce speed, enhance pedestrian safety and reduce traffic diversion in residential neighborhoods.
B. 
Traffic calming measures shall be in all cases designed to comply with recognized standards and practices of the Institute of Transportation Engineers, AASHTO, and the Connecticut Department of Transportation. Traffic calming designs shall conform to the latest edition of the United States Department of Transportation's Manual on Uniform Traffic Control Devices and regulations of the State Traffic Commission. All traffic calming measures shall be designed under the supervision of the Director of the Department of Public Works or his designee, who shall be a professional engineer licensed in the State of Connecticut.
C. 
The implementing authority shall develop program guidelines that will ensure public participation and access to the program. Such guidelines shall state the means by which a resident shall request traffic calming services, the methods used by the Authority in advising the potentially affected neighborhood and the evaluation criteria to be used in measuring the relative benefits of each traffic calming program. Guidelines shall provide for contacting the residents' neighborhood, ensuring community consensus, public hearings and notices of construction. The implementing authority shall provide, in the guidelines for this program, requirements for continued monitoring of traffic calming projects for a period of at least one year following placement to review safety, success and effectiveness. Upon a finding of a hazardous situation or condition created by the traffic calming measures, such situation or condition shall be immediately corrected.
D. 
The Department of Public Works shall annually present, as part of its budget, a plan of implementation for traffic calming improvements, which shall be considered in accordance with normal budget practices and procedures. The submitted plan shall list projects and priority evaluations indicating the order of implementation and relative cost of each. Following approval of a budget for traffic calming programs, the Department of Public Works is authorized to install such devises in accordance with the priorities for each project to the limit of the approved funding each year. The foregoing shall not preclude the Department of Public Works from requesting appropriations to implement traffic calming improvements at any time such improvements are deemed desirable.

§ 285-4 Removal or immobilization of vehicles.

[Added 5-6-1985]
A. 
The following vehicles may be removed or immobilized:
(1) 
Vehicles parked in violation of law. Vehicles parked in any parking area open to the public, on any public street, public highway, any portion of the width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or on any property owned by, leased by, or in the possession and control of the City in violation of any provision of any municipal ordinance, rule or regulation, or state statute, rule or regulation. Notwithstanding the foregoing, however, vehicles parked in violation of the law shall not be deemed to include vehicles which are parked overtime.
(2) 
Vehicles with $100 or more of outstanding parking tickets. Vehicles which have $100 or more of unpaid parking violations or associated penalties, late fees or fines issued against them and which are found parked in any parking area open to the public, on any public street, public highway, any portion of the width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or on any property owned by, leased by, or in the possession and control of the City.
[Amended 11-3-2003; 11-3-2014 by Ord. No. 16-14]
B. 
Removal and immobilization.
[Amended 11-3-2003; 11-3-2014 by Ord. No. 16-14]
(1) 
A member of the Police Department or the Parking Department may remove or cause to be removed a vehicle in violation of this subsection. In addition to or in lieu of removal, any such vehicle may be immobilized in such manner as to prevent its operation. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle, unless it is moved while such device or mechanism is in place.
(2) 
In any case of a vehicle immobilized by the Police Department or Parking Department there shall be placed on such vehicle in a conspicuous manner a notice to the owner of the vehicle stating that it has been immobilized, that any attempt to remove the vehicle may result in damage to the vehicle, that if the vehicle is moved and damaged the damage will be the responsibility of the owner and stating the place where necessary fees and charges may be paid to obtain release of the vehicle from immobilization.
(3) 
In any case in which a vehicle is immobilized by the Police Department or Parking Department and subsequently that vehicle is unclaimed within 72 hours of immobilization, no response is received from the registered owner within 72 hours of immobilization, or the registered owner disavows ownership or the car is considered abandoned, that vehicle may be towed or removed by the Parking or Police Department at the expense of the owner. Such a removed vehicle may not be released to any subsequently claiming party, should such a party present itself after removal of the vehicle, until all unpaid City parking tickets and/or other City obligations are first paid in full to the appropriate City department(s) and all tow and storage fees are paid in full to the appropriate towing company and all. Upon payment of unpaid parking tickets and/or other City obligations, the Parking Department will provide documentation to the vehicle owner releasing any tow company holds on the vehicle as is necessary;
(4) 
In the case of the removal of a vehicle, within 72 hours after removal the Police Department or Parking Department shall notify, by certified mail, the owner of such vehicle of the fact of its removal, the place where it may be recovered, and the conditions under which it will be released.
(5) 
Whenever a vehicle is immobilized or removed or caused to be immobilized or removed by personnel of the Police Department or the Parking Department, such personnel shall notify both the Police Department headquarters and the Parking Department office of such immobilization and/or removal so that, upon inquiry by the owner of the vehicle, the least amount of delay will be encountered in recovery of the vehicle by the owner.
C. 
Required actions of owner to regain possession. No such vehicle shall be released unless the owner or his agent has established his identity and right to possession and has signed a proper receipt therefor. Before the owner or person in charge of any vehicle taken into custody or immobilized shall be allowed to repossess or to secure the release of said vehicle, he or his agent shall pay or provide to the City the following:
(1) 
The cost of removal and/or immobilization, plus the cost of storage for each day or portion of a day that such vehicle is so stored in excess of the first 24 hours, plus all sums legally due for any City parking violations issued and outstanding against such vehicle; or
(2) 
In lieu of the above, a bond with a surety company authorized to do business in this state in an amount sufficient to cover the above charges.
D. 
Unauthorized removal of immobilized or removed vehicle. Any person who, after having his vehicle removed or immobilized, shall remove such vehicle without complying with this Code of Ordinances shall, in addition to the charges provide for in said sections, be liable for any damage done to the immobilization device or mechanism and be subject to a fine of not more than $100.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 285-5 Hearings on parking violations.

[Added 5-6-1985; amended 9-2-1986; 2-6-1989]
A. 
The Mayor, with the consent of the Common Council, shall appoint four parking violation hearing officers. Such officers shall serve for a term of two years from the effective date of appointment. The City shall provide a suitable hearing room in which hearings are to be conducted and all necessary forms, papers, furnishings and equipment for the hearing officers to perform their function. The City shall provide for the processing of cases prior to decisions by the hearing officer and for processing of cases after the hearing officer has made a decision.
B. 
The hearing officers shall be empowered to hear appeals from the issuance of parking violation citations and take such other actions in processing parking violations as authorized by state statutes and City ordinances and regulations.
C. 
Any person or owner of a vehicle cited for a violation of any ordinance, rule or regulation of the City pertaining to parking may request, in writing, as indicated, a formal hearing before a parking violations hearing officer upon the occurrence of any of the following events:
(1) 
Within five days of issuance of a parking violation citation;
(2) 
Within 10 days of issuance of notice of delinquency of a parking violation citation; and
(3) 
Within 10 days of receipt of a pending impoundment notice, unless such notice is pursuant to a civil execution order or a prior hearing has already been held in the matter.
D. 
Procedure.
(1) 
In scheduling formal appeal hearings, the appellant shall be notified by mail of the place and time of the hearing. Such notice shall be provided at least 15 days, but not more than 30 days, prior to the scheduled hearing date.
(2) 
The procedure for the hearing shall be informal as to the rules of evidence, but testimony shall be taken under oath or affirmation.
(3) 
The provisions of this section shall be construed in accordance with the provisions of applicable state statutes and City ordinances.
(4) 
In considering an appeal, the hearing officer may consider all relevant facts and circumstances and may require personal appearance of the appellant and issuing officer.
(5) 
Should the hearing officer find in favor of the appellant, he shall so certify to the City and the record of the citation shall be removed from the files of the City.
(6) 
Should the hearing officer find the issuance of the citation proper, he shall so certify to the City and no further appeal under this section shall be considered.
(7) 
If such violation is not paid on the date of the judgment of the hearing officer, the City shall send, by first-class mail, a notice of the penalty assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of penalty assessment with the Clerk of the Superior Court for the geographical area in which the City is located together with an entry fee as required by statute. The certified copy of the notice of penalty assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment in the amount of such record of assessment and court costs against such person in favor of the City. Notwithstanding any other provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.
(8) 
A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal may be instituted as provided by statute within 30 days of the mailing of notice of such assessment.
E. 
Request for immediate hearing when vehicle is immobilized or removed. Any person whose vehicle is immobilized or removed because of parking in violation of law or because of the existence of five or more outstanding violations may request an immediate hearing on the validity of the charges on which the immobilization or removal was based. A hearing shall be convened by one of the parking violation hearing officers as soon as practicable.
(1) 
The procedure for the hearing shall be informal as to the rules of evidence, but testimony shall be taken under oath or affirmation. In considering the charges, the hearing officer may consider all relevant facts and circumstances and require personal appearance of the person requesting the hearing and the issuing officer.
(2) 
Should the hearing officer find in favor of the person charged, he shall so certify to the City and the record of charge or charges shall be removed from the files of the City and the vehicle released to the owner. Should the hearing officer find the issuance of the charge or charges proper, he shall so certify to the City and no further appeal for a hearing shall be considered.
(3) 
The hearing officer shall determine the amount due the City for the cost of immobilization or removal and the amount due for violations outstanding. The owner may regain possession by paying the amount found due by the hearing officer and establishing his identity and right to possession and upon signing a proper receipt for the vehicle. If not paid on the same day, the owner shall also pay all charges due for storage in excess of the first 24 hours.

§ 285-6 Water and air to be provided without charge.

[Added 8-6-1979]
Every retail dealer of motor fuels shall provide without charge to anyone in need water in a container suitable for filling radiators, water in a container with sponge or other suitable cleaning tool for the purpose of cleaning windshields, and air of sufficient pressure along with the proper means of inflating tires to their designated requirements.

§ 285-7 Fire zones.

[Added 6-3-1974; amended 10-7-1974; 6-3-1996]
A. 
The Fire Marshals of the City of Middletown are hereby directed and authorized to establish fire zone areas within or near any public or private street, highway or passway when, in their judgment, for the safety of the general public, such areas shall be restricted no-parking zones.
B. 
Wherever the Fire Marshal establishes a fire zone, with the approval of the Fire Commissioners from the district affected, he shall file a copy of his orders with the City/Town Clerk's office. Such restricted areas shall be clearly marked, at the owner's expense, "No Parking - Fire Zone - Tow-Away Zone." The enforcement of this section shall be the responsibility of the Chief of Police and whomsoever he may delegate.[1]
[1]
Editor's Note: Former Subsection C, regarding fines for violations, which immediately followed this subsection, was repealed 11-3-2003.