[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.
A.
Group I. There shall be a penalty of $10 for violation
of the following parking and traffic regulations:
(1)
Wrong side of a one-way street.
(2)
Beyond established time for area.
(3)
Vehicles on the sidewalk.
(4)
Within 25 feet of a corner.
(5)
Within 25 feet from a stop sign.
(6)
Obstructing a crosswalk.
(7)
Obstructing a driveway.
(8)
Away from curb [more than 12 inches].
(9)
Wrong side of street.
(10)
Occupying more than one parking space.
(11)
Other.
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.
A.
The Town of North Haven hereby establishes, pursuant
to Section 7-152b of the Connecticut General Statutes, a parking violation
hearing procedure.
B.
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.
C.
Notice.
(1)
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.
(2)
Such notice shall inform the operator or owner:
(a)
Of the allegations against him and the amount
of the fines, penalties, costs or fees due.
(b)
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.
(c)
That if he does not demand such a hearing, an
assessment and judgment shall enter against him.
(d)
That such judgment may issue without further
notice.
(3)
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.
D.
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.
E.
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.
F.
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.
G.
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.
[Added 1-30-2017 STM]
A.
Statement of purpose. Pursuant to Section 14-307 of the Connecticut General Statutes and § 151-1 of this chapter, the Board of Police Commissioners ("Board") as the Traffic Authority for the Town of North Haven, Connecticut ("Town"), hereby enacts the Restricted Residential Parking Zone Ordinance. The purpose of this section is to establish a procedure of general municipal application for the creation of restricted residential parking zones in order that the Board may regulate on-street parking areas to limit on-street parking to residents of a given neighborhood and to provide for the imposition of a fine or other penalty as provided herein for the violation of the rules and regulations adopted by the Board for a particular restricted residential parking zone.
B.
Procedure for creating a restricted residential parking zone.
(1)
Town residents whose abode fronts on or has egress on any public
street may petition the Board to create a restricted residential parking
zone ("RRPZ") for on-street parking in accordance with this section.
Each property address on both sides of the street or a portion thereof
proposed to be included in the RRPZ shall be counted as one RRPZ address
for the purposes of petitioning the Board. A property address shall
mean each numerical street address shown in the records of the Assessor
for the Town corresponding to lots having frontage on the street or
a portion thereof to be included in each proposed RRPZ. Additional
mailing addresses (e.g., unit numbers, apartment numbers, and the
like) are not recognized as a property address for the purposes of
petitioning the Board unless designated as a separate property address
in the Assessor's records. A petition must be submitted in the
format required by the Board and contain the signatures of motor vehicle
registrants corresponding to no fewer than 70% of the eligible RRPZ
addresses along both sides of the street or a portion thereof to be
so included in the proposed RRPZ.
(2)
The Office of the Police Chief ("Police Chief") shall act as the
agent of the Board for the receipt of any such petition. The Board
shall commence a public hearing within 35 days of receipt of a petition
to take testimony and evidence in accordance with this section. The
receipt of a petition shall be deemed to be the day of the next regularly
scheduled meeting of the Board following the day of submission to
the Board's agent or 35 days after its submission to the Board's
agent, whichever is sooner.
(3)
The Police Chief may also propose an RRPZ by recommendation to the
Board without need for a petition. Upon receipt of such recommendation
at a regularly scheduled meeting of the Board, the Board shall commence
a public hearing within 35 days thereof to take testimony and evidence
in accordance with this section, following the same procedure as required
for petition-initiated proposals.
C.
Public hearing requirement and considerations for decision.
(1)
Each proposed RRPZ, whether proposed by petition of motor vehicle
registrants residing in the RRPZ or by recommendation of the Police
Chief, shall be considered at a public hearing conducted by the Board
and noticed by the Town by posting of a notice of the scheduled public
hearing in the Town Clerk's office and on the Town's website
and by first-class mailing to property owners within the proposed
RRPZ and owners of neighboring property within 50 feet of the proposed
RRPZ as identified by the Assessor's records at least 10 days
before the date of the scheduled public hearing.
(2)
The public hearing shall address the particular reason(s) for the
submission of the petition or recommendation for the proposed RRPZ
and the potential rules and regulations or restrictions to be imposed
on on-street parking by residents and nonresidents in the proposed
RRPZ that the Board may adopt, including, but not limited to, consideration
of the following factors:
(a)
Time of day and duration of parking restrictions;
(b)
Weekday versus weekend restrictions;
(c)
Seasonal restrictions;
(d)
The number of parking permits to be issued and on what basis
(dependent upon the density of the neighborhood, traffic, width of
streets, presence of sidewalks, and the number of motor vehicles that
can be safely accommodated on all public streets included in the proposed
RRPZ), including any conditions which must be met for renewal;
(e)
Whether temporary, conditional, or visitor permits will be made
available and on what basis, including any conditions which must be
met for renewal;
(f)
What unique signage is necessary (e.g., listing hours or particular
restrictions on parking);
(g)
Special events and holidays;
(h)
Date for establishment of RRPZ and the initial term of restrictions;
and
(i)
Provisions for renewal of the RRPZ.
(3)
The public hearing shall be completed within 35 days unless the Board
votes to continue the hearing for an additional 35 days.
(4)
A decision on the proposed RRPZ shall be rendered by the Board within
35 days after the completion of said public hearing.
(5)
If it is the decision of the Board to approve the proposed RRPZ,
or a smaller RRPZ, thereby creating same, then the Board shall establish
the specific rules and regulations/restrictions on on-street parking
within the RRPZ giving due consideration to the aforementioned factors
and any others that the Board deems appropriate.
(6)
Nothing in this section shall require the Board to approve any proposed
RRPZ. Furthermore, the Board shall have sole discretion on the specific
rules and regulations/restrictions on on-street parking to be imposed
in a RRPZ if approved, except as otherwise provided in this section.
D.
Restricted residential parking zone limited to that proposed. The
Board may establish a RRPZ which is smaller in size than that which
was proposed by the petition or recommendation but may not include
any public streets or any portions thereof that were not included
in the proposed RRPZ.
E.
Publication of decision. Notice of the decision of the Board creating
a RRPZ shall be published in a newspaper having a general circulation
in the Town within 15 days of the date of the Board's decision.
The published notice shall include the specific rules and regulations/restrictions
on on-street parking within the RRPZ as established by the Board.
F.
Initial term of restrictions and renewal.
(1)
The length of the initial term of restrictions shall run to December
31 following the creation of a RRPZ unless it is determined by the
Board at the time of approval of the RRPZ that the initial term of
restrictions shall be extended for a longer period. Thereafter, upon
a majority vote of the Board, the RRPZ shall be renewed for the term
voted upon. When considering and deciding upon the renewal of a RRPZ,
the Board may also vote to amend the specific rules and regulations/restrictions
on on-street parking previously established for the RRPZ.
(2)
When acting upon the renewal of a RRPZ, the Board shall not expand
a RRPZ without following the procedures for creating a new RRPZ in
this section.
G.
Administration by the Police Chief or his/her designee(s). The Police
Chief or his/her designee(s) shall provide for and process uniform
application forms for parking permits for a RRPZ ("RRPZ parking permits"),
issue and renew RRPZ parking permits, provide vehicle decals or other
identification tags, and adopt any other policies or procedures designed
to carry out and enforce this section.
H.
Issuance of RRPZ parking permits generally.
(1)
RRPZ parking permits shall only issue to motor vehicle registrants
who own or lease a motor vehicle(s) registered to a residential address
in the RRPZ, unless the specific rules and regulations established
for a RRPZ by the Board allow the issuance of temporary, conditional,
or visitor parking permits.
(2)
The application for RRPZ parking permits shall require that the individual
applicant/motor vehicle registrant:
(a)
Produce a copy of his/her motor vehicle registration(s) for
the motor vehicle(s) owned or leased by the applicant/motor vehicle
registrant which is/are registered to a residential address in the
RRPZ;
(b)
Present a photo identification;
(c)
Present proof of residency through production of a bill/invoice
or a lease; and
(d)
The individual applicant seeking the parking permit must sign
the application under penalty of false statement that all of the representations
made in the application are true and accurate, including that:
[1]
He/she is a resident within the RRPZ;
[2]
He/she does not owe the Town any motor vehicles taxes, except
for those for the current year not yet due, on the motor vehicle(s)
for which a parking permit(s) is/are being sought or any other motor
vehicles; and
[3]
He/she does not owe the Town any parking tickets/fines on the
motor vehicle(s) for which a parking permit(s) is/are being sought
or any other motor vehicles.
(3)
If there are motor vehicle taxes (except those for current year not
yet due) or parking tickets/fines owed to the Town on the motor vehicle(s)
for which a parking permit(s) is/are being sought or on any other
motor vehicles owned or leased or previously owned or leased by the
individual applicant, then parking permits shall not issue to said
individual applicant until all motor vehicle taxes and/or parking
tickets/fines which are in arrears are paid in full, including all
fees, charges, and interest that may be due to the Town.
(4)
Nothing in this section shall require the issuance of a parking permit. As previously provided in Subsection C(2)(d) herein, the number of parking permits to be issued in a RRPZ, and on what basis, shall be determined by the Board and shall be dependent upon the density of the neighborhood, traffic, width of streets, presence of sidewalks, and the number of motor vehicles that can be safely accommodated on all public streets included in the RRPZ.
(5)
With respect to temporary, conditional, and/or visitor parking permits that may issue related to a particular RRPZ, as provided in Subsection C(2)(e) above, the Board will determine whether such permits shall issue and on what basis. In the event that nonresidents are allowed by the Board to seek a temporary, conditional, and/or visitor parking permit, the nonresident must comply with all conditions established by the Board for the issuance of such permits, which may include but not be limited to:
(a)
Possession of a valid motor vehicle registration for the motor
vehicle for which a permit is sought;
(b)
Designation of an address within the RRPZ at which he/she seeks
on-street parking and disclosure of the reasons therefor (e.g., visiting
resident, property maintenance by nonresident landlord, nonresident
providing care for elderly or invalid resident, etc.);
(c)
No parking tickets are owed to the Town or are outstanding with
respect to the particular motor vehicle for which a temporary, conditional,
and/or visitor parking permit is sought or with respect to its owner
or lessee; and
(d)
The person seeking the parking permit signs the application
under penalty of false statement that all of the representations made
in the application are true and accurate.
I.
Expiration of RRPZ parking permits. Any parking permit, including
any temporary, conditional, or visitor parking permit, issued by the
Police Chief or his/her designee(s) pursuant to the provisions of
this section shall become null and void if the conditions required
for issuance are no longer maintained or if the RRPZ is no longer
in effect (e.g., if its term has expired and it has not been renewed
by the Board).
J.
Fee schedule. Upon the recommendation of the Police Chief or his/her
designee, the Board may, from time to time, propose to the Board of
Selectmen and the Town Meeting, the adoption of a fee schedule for
the issuance of parking permits under this section.
K.
Violation of section and penalty. No motor vehicle shall be parked
in a RRPZ in violation of the specific rules and regulations/restrictions
on on-street parking as established by the Board for that RRPZ. The
penalty for the first violation may be a written warning. For each
subsequent violation, the penalty shall be $50 per violation.
L.
Suspension of restrictions.
(1)
The Police Chief or his/her designee may suspend the specific rules
and regulations/restrictions on on-street parking established by the
Board for a particular RRPZ for any reason necessary for public safety
or welfare. Such suspension may be effectuated by covering the RRPZ
signage, placing placards, or using any other means reasonably designed
to inform residents or visitors of the suspension.
(2)
In addition, the Police Chief or his/her designee is authorized to
issue a temporary forty-eight-hour parking permit to a resident or
nonresident if, in his/her discretion, he/she finds reasonable cause
exists to issue the permit to prevent an undue hardship.
(3)
The Board shall be advised of all suspensions and the issuance of
any temporary permits pursuant to this subsection.
