[HISTORY: Adopted by the Town of North Haven 4-6-1988. Amendments noted where applicable.]
Pursuant to Section 14-307 of the Connecticut General Statutes, the Board of Police Commissioners as the Traffic Authority of the Town of North Haven shall have the power to establish and maintain regulations and signs concerning the parking of vehicles within the Town of North Haven.
As used in this chapter, the following terms shall have the meanings indicated:
- The standing of a motor vehicle, whether occupied or not, upon a street or parking facility, except that it shall not include the temporary standing of a vehicle for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise, provided that the vehicle is not left unattended, or while in obedience to traffic regulations or signs or signals.
No person shall park a motor vehicle in violation of any parking regulation adopted by the Traffic Authority. Any violation shall be deemed an infraction as provided by state statutes and shall be further subject to the penalties set forth herein.
In any prosecution or proceedings for unlawful parking, the registered owner of a vehicle so parked shall be presumed to have been the operator thereof and prima facie guilty of having parked unlawfully.
Whenever any vehicle is found parked in violation of any of the provisions of this chapter or any state statute with regard to parking, including but not limited to Sections 14-250a, 14-251, 14-252, 14-253a, 14-307, 14-308 and 14-311b, inclusive, or any ordinance or any rule or regulation of the Traffic Authority which relates to parking, a police officer shall attach to such vehicle in a conspicuous place a notice to the owner or operator thereof stating that such vehicle has been parked unlawfully and instructing such owner or operator to report to the Traffic or Records Division of the Police Department in regard to such violation.
Whenever any vehicle shall be found parked in any space on any public street or highway overtime, beyond the period of legal parking time established for such place by the Traffic Authority or shall be found parked therein during any period when parking is prohibited or shall be found parked in violation of any of the provisions or any resolution, rule or regulation of the Traffic Authority or of any provision of this chapter, such vehicle may be removed or conveyed by or under the direction of a member of the Department of Police Services in accordance with the regulations concerning the towing of vehicles in the Town of North Haven as adopted by the Traffic Authority.
The Chief of Police and any other such persons as may be designated by the Chief may have any vehicle parked in violation of any temporary orders issued by the Chief during snowstorms or other emergency or in violation of any state statute or ordinance or any parking regulation, removed from the streets, highways or any parking facility, area or lot in the town, at the expense of the owner of such vehicle, by a person authorized to do so by the Chief of Police.
Any person authorized to remove a vehicle from the streets, highways, roads, parking areas or lots under the provisions of the preceding section shall be an authorized tower for the Police Department and shall carry adequate insurance to indemnify the owner of any vehicle so removed for damage caused to such vehicle while such vehicle is being removed or stored by such authorized tower.
Group I. There shall be a penalty of $10 for violation of the following parking and traffic regulations:
Wrong side of a one-way street.
Beyond established time for area.
Vehicles on the sidewalk.
Within 25 feet of a corner.
Within 25 feet from a stop sign.
Obstructing a crosswalk.
Obstructing a driveway.
Away from curb [more than 12 inches].
Wrong side of street.
Occupying more than one parking space.
All parking facilities, areas and lots, whether publicly or privately owned, shall be maintained in good order and repair and shall conform to the Connecticut State Statutes and Zoning Regulations of the Town of North Haven, as amended, regarding the pavement markings and installation of adequate signs in said parking facilities, areas or lots.
The Chief of Police or his designee shall periodically inspect all parking facilities, areas or lots in the town and, upon determining that a specific parking facility, area or lot is in need of repair or that adequate signs, markings or other devices to delineate traffic lanes and parking spaces in said facility, area or lot are in need of repair, the owner or owners or agents thereof shall be notified, in writing, by registered mail, setting forth the items or areas in need of repair. After such notice is received, all indicated repairs shall be made by the owner or owners or agents thereof within a reasonable time as determined by the Parking Commission, in conjunction with the Police Department, who shall cause said repairs to be made at the cost of the owner or owners of said property, and the owners may be billed for, and costs collected, in the same manner as municipal taxes.
The Town of North Haven hereby establishes, pursuant to Section 7-152b of the Connecticut General Statutes, a parking violation hearing procedure.
The First Selectman shall appoint one or more parking violation hearing officers, other than policemen or persons who issue parking tickets or work in the Police Department, to conduct the hearings authorized by the above-cited statute and this chapter.
The Town of North Haven may, at any time within two years from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any alleged violation under this chapter or Sections 14-305 to 14-308 of the Connecticut General Statutes, send notice to the motor vehicle operator, if known, or the registered owner of the motor vehicle by first class mail at his address according to the registration records of the Department of Motor Vehicles.
Such notice shall inform the operator or owner:
Of the allegations against him and the amount of the fines, penalties, costs or fees due.
That he may contest his liability before a parking violations hearing officer by delivering in person or by mail written notice within 10 days of the date thereof.
That if he does not demand such a hearing, an assessment and judgment shall enter against him.
That such judgment may issue without further notice.
Whenever a violation of such an ordinance occurs, proof of the registration number of the motor vehicle involved shall be prima facie evidence in all proceedings provided for in this section that the owner of such vehicle was the operator thereof, provided that the liability of a lessee under Section 14-107 shall apply.
If the person who is sent notice pursuant to Subsection C wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the town. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection C shall be deemed to have admitted liability, and the designated town official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by this chapter and shall follow the procedures set forth in Subsection F of this section.
Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided that the hearing officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by a policeman or other issuing officer shall be filed and retained by the town, be deemed to be a business record within the scope of Section 52-180 and be evidence of the facts contained therein. The presence of the policeman or issuing officer shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. A designated town official, other than the hearing officer, may present evidence on behalf of the town. If such person fails to appear, the hearing officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such person copies of police reports, Motor Vehicle Department documents and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination in writing accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the town.
If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the 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 assessment with the Clerk of the Superior Court for the geographical area in which the town is located, together with an entry fee of $8. The certified copy of the notice of 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 of $8, against such person in favor of the town, city or borough. 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.
A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259, in the Superior Court for the geographical area in which the town is located, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.