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City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
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New Laws (3) Index
[HISTORY: Adopted by the City Council of the City of West Haven 11-12-1985 by Ord. No. 236. Amendments noted where applicable.]
GENERAL REFERENCES
Removal of snow and ice — See Ch. 195.
Vehicles and traffic — See Ch. 219.
[Amended 1-27-1986 by Ord. No. 238; 5-14-1990 by Ord. No. 289]
This chapter shall be known as the "Severe Weather Ordinance."
[Amended 5-14-1990 by Ord. No. 289]
It is hereby declared to be in the best interests of the public safety, convenience and welfare of the City of West Haven to regulate and restrict the parking of vehicles on public highways within the control and limits of said city during a period of severe weather so as not to impede the transportation and movement of food, fuel, medical care or fire, health and police protection and other vital facilities of the city.
[Amended 5-14-1990 by Ord. No. 289; 12-17-1994 by Ord. No. 342]
A. 
The following definitions shall apply in the interpretation of this chapter:
HIGHWAY
Includes any public street, road, avenue, alley, driveway, parkway or place under the control of the City of West Haven dedicated, appropriated or open to public travel or other use.
OPERATOR
The person using, operating or having the care, custody or control of a vehicle being used, operated or found upon a highway.
OWNER
Any person, firm, corporation or association holding title to a vehicle or having the legal right to register the same.
PARK
The standing of a vehicle, otherwise than temporarily, for the purpose of and while actually engaged in the loading or unloading of merchandise or passengers on a highway, whether occupied or not.
SEVERE WEATHER
That period of time commencing with the start of a snowfall and ending 36 hours after the stop of the snowfall.
SNOW EMERGENCY
That period of time following a declaration by the Mayor or his designee that a winter storm or storms are so severe that extraordinary measures are necessary to preserve public safety, lasting until it is declared that the snow emergency is over.
VEHICLE
Any device used for conveyance, drawing or other transportation of person or property when operated upon a highway, public square or other public place under the control of the city.
B. 
All other terms used in this chapter shall be interpreted by their definitions as given in the most recently published edition of Webster's New Dictionary of the English Language.
[1]
Editor's Note: Former § 188-4, Declaration of emergency, was repealed 5-14-1990 by Ord. No. 289.
[Amended 1-27-1986 by Ord. No. 238; 5-14-1990 by Ord. No. 289; 9-12-1994 by Ord. No. 340; 12-27-1994 by Ord. No. 342]
A. 
It shall be unlawful for the owner or operator of a vehicle to allow, permit or suffer such vehicle to stand or park on the side of such street, way, highway or parkway under the control of the city, bearing even street numbers, unless such street is posted with no-parking signs on the odd-numbered side of the street, during a period of severe weather, as defined in § 188-3 of this chapter. It is further provided that on those sides of the street where parking is not permitted, a vehicle may be parked for no longer than five minutes for the loading and unloading of passengers and no longer than 30 minutes for the loading and unloading of merchandise. It is further provided that any street, way, highway or parkway to which this chapter shall apply shall be properly declared, posted, announced or otherwise designated in accordance with regulations adopted by the Board of Police Commissioners acting as the traffic authority of the City of West Haven.
B. 
During a snow emergency, as defined in § 188-3 of this chapter, it shall be unlawful for the owner or operator of a vehicle to park on either side of the following streets or roads between the hours of 11:00 p.m. and 7:00 a.m.:
(1) 
Campbell Avenue.
(2) 
Savin Avenue.
(3) 
Morgan Lane.
(4) 
Elm Street.
(5) 
Molloy Road.
(6) 
Second Avenue (from Elm Street to Beach Street).
(7) 
Main Street (from Washington Avenue to Savin Avenue).
In any prosecution or proceeding hereunder, the registered owner of any such vehicle shall prima facie be presumed to have parked or to have authorized the parking of said vehicle in violation of this chapter.
[Amended 1-27-1986 by Ord. No. 238; 5-14-1990 by Ord. No. 289]
Any owner, operator, person, firm or corporation violating any of the provisions of this chapter shall be fined for such violation in the amount set by the traffic authority of the City of West Haven.
A. 
In addition to the foregoing penalty, any police officer of the municipality, by the direction of the Chief of Police, on discovery of any vehicle parking in violation of this chapter, may remove or cause the same to be removed, at the owner's expense, to a designated municipally owned parking area. In the event that there are no municipally owned parking areas available for storage or additional storage of vehicles removed from a public highway under the terms of this chapter, the Chief of Police is authorized to direct the towing of such vehicles, at the owner's expense, to privately owned parking areas.
B. 
The owners or operators of such privately owned parking areas may charge the owner a storage fee not to exceed $5 for each 24 hours or portion thereof that such vehicle is stored.
A. 
Whenever a police officer removes or causes the removal of a vehicle from a public highway, as authorized by this chapter, the officer shall, within a reasonable time, report such fact to a legally designated person who, in turn, shall notify the owner of such vehicle, upon the owner's inquiry, of the removal and the reason therefor and the location where said vehicle is impounded.
B. 
The owner of such vehicle shall be notified within three business days of its towing by the business or agency which towed the vehicle. Such notice shall be by certified mail, return receipt requested, and shall advise the owner of the location of the vehicle and the cost of towing and, if applicable, storage fees.
[Added 5-14-1990 by Ord. No. 289]
Before the owner or person in charge of any vehicle towed under the provisions of this chapter is allowed to remove such vehicle from the place where it has been impounded, he shall furnish evidence of his identity and ownership, sign a receipt for such vehicle and shall pay the cost of the towing or removal and, if applicable, storage fees.
[Amended 5-14-1990 by Ord. No. 289]
For the purpose of this chapter, the Director of Public Works may designate available municipally owned and controlled areas for voluntary use without storage fee by the general public for parking vehicles during any severe weather period; provided, however, that the use by an owner of the parking areas or the storage of towed vehicles as provided under § 188-8 of this chapter shall be at the sole risk of the owner of such vehicle for damage or injury to property or person while upon said premises. Parking of vehicles in such areas shall be specifically limited to spaces provided.
[Amended 5-14-1990 by Ord. No. 289]
The Chief of Police is authorized, at his discretion and the owner's expense, to move or cause to be moved any vehicle left for storage, as provided in §§ 188-8 and 188-11 of this chapter, for more than 48 hours following the declaration of the end of the severe weather. Any charges incurred as a result of this section shall be paid by the owner before the vehicle shall be released.
Nothing contained in this chapter shall be construed to change or in any way affect other provisions or ordinances establishing towing rates or storage charges under conditions other than severe weather conditions as defined in this chapter.