[HISTORY: Adopted by the Board of Selectmen
of the Town of Bethel 7-29-1983; amended in its entirety 3-19-2002.
Subsequent amendments noted where applicable.]
A.
The Board of Police Commissioners or, should none
exist, the Board of Selectmen is hereby authorized and empowered to
adopt such rules, regulations and restrictions relative to the speed
and routing of traffic and the parking of vehicles not inconsistent
with the statutes of the state as, in its judgment, may be deemed
necessary for the proper regulation and control of vehicular traffic
upon the streets of the Town and for the safety and convenience of
the public.
B.
The powers conferred in this chapter shall be conferred
upon the Board of Police Commissioners, if any, and if none, the Board
of Selectmen. Hereinafter, the use of the word "Board" shall mean
the Board of Police Commissioners, if existing, and if not, the Board
of Selectmen, as the case may be, except if otherwise stated.
C.
Except where now or hereafter otherwise provided by
ordinance, the Board shall have the power to determine, establish,
limit and control at such highway intersections as in its discretion
it may deem advisable for the public safety and to promote the orderly
and expeditious flow of traffic in and through the Town, the directions
in which any vehicle entering such intersection may proceed; and to
that end it may and shall indicate and direct the same by appropriate
markers, signs, stations or combinations thereof.
The Police Department, acting therein by its
Chief, as directed by the Board, is hereby authorized to direct and
regulate traffic on the streets of the Town and may, on the occasion
of parades, public receptions, fire or police activities or on other
occasions when emergency conditions exist, impose reasonable parking
and no-parking restrictions in addition to such parking restrictions
and regulations as may have been adopted by the Board.
The Police Department, acting therein by its
Chief, as approved by the Board, may place upon the highways appropriate
signs to inform the public of the restrictions imposed by or under
the authority of this chapter and may, by signs, painted lines upon
the highway or by any other manner deemed sufficient and proper by
the Police Department, indicate the direction and position in which
vehicles shall stand upon the streets.
The provisions of this chapter dealing with
the movement and parking of vehicles shall not apply to ambulances
or to police, fire department, fire patrol, civil defense or United
States mail vehicles while such vehicles are performing in an official
capacity in a reasonable manner.
No person driving or controlling a vehicle shall
stop or park or cause or permit the same to be stopped or parked within
the intersection of any street; within 25 feet of an intersection
or a marked crosswalk thereat; or within 25 feet of a duly erected
stop sign. No vehicle shall be permitted to stop or remain stationary
within the limits of a public highway in such manner as to constitute
a traffic hazard or obstruct the free movement of traffic thereon;
provided a vehicle which has become disabled to such an extent that
it is impossible or impracticable to remove it may be permitted to
so remain for a reasonable time for the purpose of making repairs
thereto, or of obtaining sufficient assistance to remove it. Nothing
in this section shall be construed to prohibit a vehicle from stopping
or being held stationary by any police officer in the line of duty
or in an emergency to avoid accident or to give the right-of-way to
any vehicle or pedestrian as provided by law.
A.
The Fire Marshal of the Town is hereby directed and
authorized to establish fire zone areas within or near any public
or private street, highway or passway when, in his judgment, for the
safety of the general public, such areas shall be restricted to no-parking
zones.
B.
Wherever the Fire Marshal establishes a fire zone,
he shall file a copy of his order with the Board and Police Department.
C.
Such restricted areas shall be clearly marked, NO PARKING-FIRE ZONE-TOWAWAY ZONE. Section 107-12 shall apply, and enforcement of this section shall be the responsibility of the Chief of Police and whomever he may delegate.
D.
Violators of this section shall be fined $25, payable
to the Department of Police within 30 days.
Any person who shall receive a parking ticket
from the Police Department that said vehicle was parked beyond the
legal parking time established for such area shall pay to the Clerk
of the Police Department the sum of $5 within 30 days from the violation.
A.
Any person who shall receive a parking ticket from
the Police Department for parking in a no-parking zone, on a public
sidewalk, more than 12 inches from the curb, within 25 feet of an
intersection or a marked crosswalk thereat, within 25 feet of a stop
sign, or in a permit parking only area or such that their vehicle
obstructs a driveway shall pay to the Clerk of the Police Department
the sum of $15 within 30 days from the violation.
B.
Any person who receives a parking ticket from the
Police Department to the effect that said vehicle was parked so that
the vehicle obstructs the free movement of traffic, or was parked
on the wrong side of the street or in a bus stop, shall pay to the
Clerk of the Police Department the sum of $15 within 30 days from
the violation.
C.
Any person who receives a parking ticket from the
Police Department to the effect that said vehicle was parked within
10 feet of a hydrant or in any space designated as parking for the
handicapped shall pay to the Clerk of the Police Department the sum
of $25 within 30 days from the date of such violation.
A yearly winter parking ban will become effective
November 15 of each year and shall continue to April 15 of the following
year. This parking ban prohibits on-street parking between the hours
of 2:00 a.m. through 6:00 a.m. so that snowplowing, when required,
will not be impeded. Parking warnings will be issued during the first
week, and, effective November 22, parking tickets may be issued. Any
person who shall receive a parking ticket from the Police Department
to the effect that said vehicle was parked during this prohibited
time frame shall pay to the Clerk of the Police Department the sum
of $10 within 30 days from such violation.
In any prosecution or proceeding under § 107-6, 107-7, 107-8 or 107-9, the registration plate displayed on the motor of the vehicle shall constitute in evidence prima facie presumption that the owner of such vehicle, or his agent with his permission, was the person who parked such vehicle at the place where such violation occurred.
The Board may create one or more motor vehicle impoundment areas (pounds) to which motor vehicles may be removed at the direction of any police officer of the Town for the causes specified in § 107-12. The pounds so created hereunder shall be public storage garages or such other appropriate places as shall be designated by the Board. The Board may, in its discretion, utilize the Police Department facility, the secured area only, as the only pound or as one of the pounds. Before any garage or other place of storage shall be designated by the Board as a motor vehicle pound for the purposes hereof, the operator thereof shall furnish the Town with evidence of insurance coverage which shall be adequate to protect the Town against liability for any claim for damages arising out of the towing or storage of any impounded vehicle.
A.
The provisions of this section shall apply to the
following categories of vehicles:
(1)
Vehicles parked on any public street, public highway,
any portion of the entire 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 leased
by or in the possession and control of the Town (including off-street
parking facilities under the Superintendent of Public Works, but excluding
parking areas under the control of the Board of Education) in violation
of any provision, including those outlined herein, of any municipal
ordinance, municipal parking regulation, state rule or state regulation.
(2)
Vehicles which have five or more outstanding and unpaid
parking violations issued against them and which, after mailing via
registered mail, return receipt requested, to the registered owner
a final notice advising of this chapter, and upon receipt of the return
receipt, are found parked on any public street, public highway, any
portion of the entire width between the boundary line 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 leased by or in
the possession and control of the Town (including off-street parking
facilities under the Superintendent of Public Works, but excluding
parking areas under the control of the Board of Education).
B.
Any vehicle described in Subsection A may be removed or caused to be removed by or under the direction of a member of the Department of Police by towing or otherwise. In addition to or in lieu of towing, any such vehicle described in Subsection A may be immobilized in such manner as to prevent its operation, except that 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 the mechanism is in place. In any case involving immobilization of a vehicle pursuant to this section, such member of the Police Department shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that any attempt to move such vehicle might result in damage to such vehicle.
C.
Whenever any motor vehicle shall be found to be parked
beyond the legal parking time established by the Board or be found
parked on any street in an area in which parking shall be prohibited
by the Board or in excess of any time limitation which may have been
established and posted by such authority, or shall be in violation
of any statute or ordinance, including the provision hereof, of the
Town or any rule or regulation duly established by the Board pursuant
to law, such vehicle may be removed, towed or conveyed by or at the
direction of any member of the Police Department of the Town by means
of towing the same or otherwise to any motor vehicle pound established
under this chapter; provided, however, that this division shall be
limited to those special areas established by the Board as towaway
zones, so-called and posted by signs as such. No motor vehicle shall
be so parked as to block any driveway or be parked within 10 feet
of any fire hydrant; or in any space designated as parking for the
handicapped; and such vehicle may be removed, towed or conveyed by
or at the direction of any member of the Police Department of the
Town by means of towing the same or otherwise to any motor vehicle
pound established under this chapter without the Board designating
such area as towaway zones.
A.
The removal of any motor vehicle pursuant to this
chapter shall be determined the abatement of a nuisance and shall
be at the risk of the owner or person entitled to possession of such
vehicle; and, having been so removed, shall remain impounded until
the fees and charges herein provided shall be paid by the owner or
person entitled to possession thereof.
B.
The police officer directing the impounding of any
such vehicle and the operator of the motor vehicle pound in which
the same shall be impounded shall make such prompt report to police
headquarters as shall be required by the Board by regulations which
shall be adopted by the Board as will enable the owner or persons
in charge of such vehicle to be informed as to the nature and circumstance
of the violation on account of which such vehicle has been impounded
and the place in which it is impounded and from which it may be repossessed
by the person legally entitled to possession thereof.
C.
Before the owner or person in charge of such vehicle
shall be entitled to repossess the same, he shall pay the Police Department
a fine of $15 and any accumulated fines for previous violations and,
upon delivery to the operator of the motor vehicle pound in which
such vehicle is impounded of evidence of the payment of such fine,
he shall be entitled to obtain possession of such vehicle upon payment
of the towing fee, such towing fee to be as determined by the Connecticut
Motor Vehicle Department, plus the cost of storage, not exceeding
$5 for each day or for any part of a day that such vehicle shall have
been impounded. No impounded vehicle shall be released until the person
claiming such vehicle shall establish his identity and right to possession
of the vehicle and until he shall have signed a receipt therefor.
D.
The removing, towing and storage charges provided for in § 107-13 shall be a lien upon such vehicle, and the payment thereof shall not release or relieve the owner and the person in charge of such vehicle at the time of the violation for which the same was impounded from prosecution for any violation of law which may have been involved in the circumstances which resulted in the impounding of such vehicle. The Board and any custodian of such vehicle shall not be liable for any damage to the vehicle while stored or for the removal of the contents of any stored vehicle.
In case protest is made to the Police Department
against the impounding or storage fee of a vehicle towed away and
impounded pursuant to this chapter, the vehicle may be released upon
evidence of ownership to the claimant upon the furnishing of a lien
fee in an amount equal to the towing charge plus $5 per day storage
fee, and the claimant shall pay any accumulated fees for any previous
violations, and if done, such claimant shall be issued a uniform traffic
ticket to answer to the violations of the Town or ordinance on account
of which such vehicle has been impounded. If, after the proper hearing
in the state Superior Court, a finding of not guilty is entered, then
such lien fee shall be returned. If, however, a finding of guilty
is entered, then such lien fee shall be turned over to the Comptroller
of the Town.
A.
Responsibility for placing or leaving of a vehicle
in violation of the on-street parking regulations shall rest with
the operator. Whenever a violation occurs, proof of the registration
number of the vehicle involved shall be prima facie evidence in any
criminal or civil action that the owner was the operator thereof.
B.
Any person who shall violate any of the regulations
contained in this chapter shall be served either in person or by attaching
to such vehicle a notice directing the owner of such vehicle to surrender
such notice at the police headquarters and to pay a penalty. The Board
of Selectmen, upon notice from the Board of Police Commissioners,
from time to time, shall establish by regulations adopted after public
notice and public hearings the penalty for each type of violation
and failure to pay unless set forth herein. In establishing the penalty,
the Board of Selectmen may impose a higher penalty when the original
penalty is not paid within 30 days of the violation.
C.
Additional penalty. Any person who, after having his
vehicle towed or immobilized, shall remove such vehicle without complying
with this chapter shall, in addition to the charges provided for in
said section, be liable for any damage done to the immobilization
device or mechanism as determined by the Board, plus a fine of $100.
[Added 12-6-2016]
A.
Excluding Town-owned and leased motor vehicles, parking of motor
vehicles shall be prohibited between the hours of 3:00 a.m. to 6:00
a.m. from all public parking lots owned or under the control of the
Town of Bethel. except by permit, including but not limited to the
"Old" Bethel Railroad Station at 5 Depot Place; the Bethel Public
Library; the Clifford J. Hurgin Municipal Center; and, Bethel Board
of Education parking areas and any other areas so designated from
time to time by the Board of Selectmen.
B.
Overnight parking permits may be granted for exceptional reasons
at the discretion of the Chief of Police, the First Selectman or their
designees. Overnight parking permits shall be limited to one twenty-four-hour
period and must be placed in a visible location on the dashboard of
the vehicle.
C.
Violations and penalties.
(1)
Vehicles parked in aforementioned restricted areas without permit
for 24 to 48 hours shall receive a written warning, to be affixed
to the vehicle.
(2)
Vehicles parked in aforementioned restricted areas without permit
for more than 48 hours but less than seven days will be subject to
fine of $10 per day.
(3)
Vehicles parked in aforementioned areas without permit for longer
than seven days shall be subject to removal and impoundment at the
owner's expense.
(a)
Impounded vehicles will no longer be subject to the daily parking
fine described herein, but the owner of said vehicle shall be responsible
for payment of vehicle removal, towing and storage fees.
