[HISTORY: Adopted by the Town Council of
the Town of Tolland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-14-1977 by Ord. No. 15; amended
in its entirety 4-22-2003]
This article is enacted pursuant to the provisions
of Sections 7-194, 7-152b and 14-307 of the Connecticut General Statutes,
as amended from time to time.
A.
Purpose. It is hereby declared to be in the best interest
of the public safety, convenience and welfare of the Town to regulate
and restrict vehicle traffic and the parking of vehicles on public
highways within the control and limits of the Town.
B.
Restrictions generally. Traffic and parking shall
be prohibited or restricted within such portion or the whole of any
street, highway, or off-street public parking area of the Town for
such period of time as public necessity, convenience and safety requires
or for such period of time as such street, highway, or off-street
public parking area condition continues, or for such period of time
as such emergency on such street, highway, or off-street public parking
area exists, as may be designated by majority vote of the Town Council
or by the Town Manager or his representative.
C.
Owner presumed responsible. In any prosecution or
proceeding under this article, the registered owner of any such vehicle
shall prima facie be presumed to have parked or to have authorized
the parking of the vehicle in violation of this article.
No person shall park a motor vehicle or leave
it standing or stopped:
A.
On a public sidewalk.
B.
Within 10 feet of a fire hydrant whether it be on
private property or a public highway.
C.
On a highway, except upon the right-hand side of the
traveled portion of any highway in the direction in which such vehicle
is headed.
D.
If a highway is curbed, when safety will permit, more
than 12 inches from the curb.
E.
Within 25 feet of an intersection or marked crosswalk
thereat.
F.
Within 25 feet of a stop sign.
G.
Upon the traveled portion of any highway, at any curve
or turn, or at the top of any grade where a clear view of such vehicle
may not be had from a distance of at least 150 feet in either direction.
H.
In any posted no-parking zone.
I.
Within the limits of a public highway in such a manner
as to constitute a traffic hazard or to obstruct free movement of
traffic thereon or so as to impede public authority in the removal
of snow, ice and other hazardous substances.
J.
In front of or obstructing or interfering with ingress
to or egress from any private driveway or alleyway.
K.
In an intersection.
L.
Double parked.
M.
On any public roadway under the jurisdiction of the
Town of Tolland or in any area designated as a municipal parking area
(excluding Town-owned vehicles) between the hours of 12:00 midnight
and 6:00 a.m. from November 1 through April 15.
[Added 2-10-2009]
N.
Partially or wholly within the limits of any public roadway under the jurisdiction of the Town at any time during which a weather-related parking ban has been declared by the Town Council, the Town Manager or the Town Manager’s designated representative in accordance with § 143-1B above.
[Added 3-10-2009]
Nothing herein contained shall be construed
as a limitation on the power of a court of proper jurisdiction to
impose penalties as provided in the Connecticut General Statutes.
Any motor vehicle in violation hereof which
has become disabled to such an extent that it is impossible or impractical
to remove it may so remain for a reasonable time (not to exceed 24
hours) for the purpose of making emergency repairs thereto or obtaining
sufficient assistance to remove it. Repairing, servicing or dismantling
of vehicles upon a public roadway for reasons other than an emergency
is prohibited. Nothing herein shall be construed to apply to emergency
vehicles and maintenance vehicles while displaying flashing lights
or to vehicles obeying any officer or avoiding an emergency or yielding
the right-of-way.
A.
The parking of vehicles in places and at times when
and where parking is prohibited is hereby declared to be a nuisance.
B.
The Town Manager is hereby authorized to create a
vehicle pound or pounds to which automobiles and other vehicles may
be removed by a State Police officer or under the direction of a State
Police officer in the manner hereinafter provided. Such pound or pounds
shall be such storage garage or garages or such other appropriate
places as may be designated by the Town Manager. Before any such garage
or place shall be authorized to be a vehicle pound as provided herein,
such garage or designated place of storage shall furnish to the Town
Manager, or his designee, satisfactory evidence of insurance coverage
to protect the Town of Tolland from any claims for damages arising
from the towing of any vehicle or while it is impounded.
C.
Whenever any vehicle shall be found parked in a place
where parking is not permitted, such vehicle may be removed and conveyed
by or under the direction of a State Police officer designated by
the Town Manager, by means of towing the same or otherwise, to a vehicle
pound. Before the owner or person in charge of such vehicle shall
be permitted to remove the same from such vehicle pound, he shall
furnish the Town Manager or such other State Police officer as he
shall designate evidence of his identity, ownership or right of possession
and shall sign a receipt for the same, and he shall pay the costs
of removal and storage.
D.
If a motor vehicle is towed by order of a duly authorized
State Police officer, the Town Manager, or his designee as permitted
by statute, shall notify the owner and all lien holders of record
not more than 48 hours from the time of the tow in accordance with
the provisions of Section 14-307-2(b) of the regulations of Connecticut
State Agencies, as amended from time to time. Notice pursuant to this
section shall not be required in any case where the motor vehicle
owner or other duly authorized person has claimed the motor vehicle,
or made satisfactory arrangements to claim the motor vehicle, within
48 hours of the time of the tow.
E.
An opportunity for a hearing shall be provided to the owner of record of each motor vehicle towed by order issued pursuant to this article in accordance with the provisions of Subsection (f) of Section 14-150 of the General Statutes, and Section 14-150, inclusive, of the Regulations of Connecticut State Agencies, as amended from time to time.
F.
Each tower and/or storage facility which stores a motor vehicle towed by order issued pursuant to this article shall, subject to the provisions of subsection (f) of Section 14-150 of the General Statutes, regarding a determination of liability for the expenses of an unauthorized tow, have a lien upon such motor vehicle for its towing and storage charges.
G.
Any sale by a tower or storage facility of a towed motor vehicle, in order to collect towing charges or storage charges, or both, shall comply with the provisions of Subsections (g), (h), (i) and (j) of Section 14-150 of the General Statutes and with Section 14-307 of the Regulations of Connecticut State Agencies, as amended from time to time.
H.
It shall be the duty of the Town Manager or State
Police officer, as he shall designate, to keep a record of the names
of all owners of vehicles impounded, the numbers of their state license
plates, the place where such vehicle was impounded, the nature and
circumstances of each violation, and the disposition of each case.
Should any section, clause, sentence or part
of this article be adjudged by any court of competent jurisdiction
to be unconstitutional or invalid, the same shall not affect, impair,
or invalidate the regulation as a whole or any part thereof other
than the part so declared to be invalid.
