[HISTORY: Adopted by the North Branford Town Council 3-21-1978 as Ord. No. 125. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 37, Vehicle and Traffic, adopted 3-21-1960 by the North Branford Board of Selectmen.
As used in this ordinance, the following terms shall have the meanings indicated:
- MOTOR VEHICLE
- Any vehicle propelled or drawn by any power other than muscular.
- The standing of a vehicle, whether occupied or not, upon a highway otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations or traffic signs and signals.
- PUBLIC HIGHWAY
- Any roadway, thoroughfare or street within the limits of the Town of North Branford and required by statute to be maintained and repaired by the Town of North Branford.
- TRAFFIC AUTHORITY
- The Board of Police Commissioners of the Town of North Branford.
The Traffic Authority shall have the authority to prohibit, limit or restrict the parking of motor vehicles on any public highway.
The Traffic Authority shall erect and maintain signs designating the times and terms of such parking prohibition or restriction.
No person shall park any motor vehicle in any place where parking is prohibited or park any motor vehicle for a longer period of time than that indicated as lawful by any sign erected and maintained in accordance with the provisions of this ordinance.
[Amended 11-16-1993 by Ord. No. 179]
Parking on public highways during any snow or ice storm is prohibited in order to allow for the effective removal of ice or snow from the streets and highways of the Town of North Branford.
No person shall park any motor vehicle on any public highway for the forty-eight-hour period following a snowstorm of three (3) inches or more, except that the Traffic Authority may designate by appropriate signs certain areas of public highways in which on-street parking may be permitted during or following snowstorm conditions. Said vehicles must be moved from these designated areas within twenty-four (24) hours after the storm to allow proper snow and ice removal.
Any vehicle found so parked in violation of this ordinance may be tagged and towed by the authority of the North Branford Police Department, and the owner of such vehicle shall be liable for the cost incurred therein for all charges levied in connection with the towing and storage of such vehicle. The cost of said towing will be pursuant to § 37-8 of this ordinance.
Any officer of the North Branford Police Department, with prior approval of the Town Manager or Chief of Police, or his immediate commanding officer, is authorized to remove and tow away, or have removed and towed away by a commercial towing service, any motor vehicle parked in any place where such parked vehicle creates or constitutes a traffic hazard or blocks the use of a fire hydrant or the movement or possible movement of emergency vehicles.
[Amended 1-9-1979 by Ord. No. 136]
Any officer of the North Branford Police Department is authorized to remove and tow away or have removed and towed away by a commercial towing service any motor vehicle parked in violation of this ordinance if said motor vehicle has remained so parked for a period of not less than four (4) hours following the attachment thereto, in a prominent position thereon, of a notice of violation setting forth the date, time and reason for such violation and declaring an intention to tow or remove from the public highway, in accordance with the provisions in this section.
Any motor vehicle towed or removed pursuant to this ordinance shall be stored in a safe place and shall be restored to the owner or operator thereof, provided that said owner or operator shall pay all costs incurred by said towing and storage. The Board of Police Commissioners, after a public hearing, shall establish and publish regulations to carry out the purposes of this section.
Any person violating any provision of this ordinance may be fined not more than twenty-five dollars ($25.).
The fact that a motor vehicle which is parked in violation of this ordinance is registered in the name of a person shall be considered prima facie proof that such person was in control of the motor vehicle at the time of such parking.
Whenever a motor vehicle is found having been parked in violation of this ordinance, a police officer shall attach thereto, in a prominent position thereon, a notice of parking violation describing the date, time and reason therefor and directing the registered owner thereof to appear at the North Branford Police Station within seventy-two (72) hours of the time of the offense to pay the sum of three dollars ($3.), and further containing a warning thereon of prosecution, in accordance with the law, in the event of nonpayment. If any person receiving said notice shall appear as directed and shall pay said sum, such payment shall bar further prosecution of said violation.
Any person aggrieved by any parking prohibition or restriction created by the Traffic Authority or any person aggrieved by the failure of the Traffic Authority to establish a permitted parking area following a snowfall may appeal such action to the Town Council. Such appeal shall be filed with the Town Clerk not later than ten (10) days following the action appealed from, and such appeal shall be to the next session of the Council which will allow sufficient time for the service of the notice required herein. A written notice of such appeal, addressed to the Traffic Authority, shall be deposited with or forwarded by certified mail to such Authority at least ten (10) days before the Council session at which the appeal will be heard. Upon such hearing, the Council shall determine whether the action of the Traffic Authority is reasonable and shall thereupon sustain or revoke such action or may make such other order which the Council deems fair and reasonable under the circumstances.