[HISTORY: Adopted by the Legislative Council of the Town
of Newtown 1-18-1978 (Ord. No.
34); amended 9-17-2003; 1-21-2009; 1-19-2011. Subsequent amendments noted
where applicable.]
The Town of Newtown Fire Marshal or the Fire Marshal's
designee shall have the power to designate fire lanes within the Town
of Newtown. (The designation of fire lanes within the Town of Newtown
will be at the discretion of the Fire Marshal. Not all areas are required
to be designated fire lanes or required to have appropriate signs
and markings.) The Fire Marshal shall establish fire lanes pursuant
to the General Statutes of the State of Connecticut and/or the Fire
Safety Code of the State of Connecticut.
A fire lane is a designated, unobstructed passageway sufficient
in size to permit free passage of fire and other emergency equipment
from a public highway to all necessary areas or portions of any private
or public property as hereinafter set forth.
The Fire Marshal or the Fire Marshal's designee shall establish
fire lanes pursuant to the General Statutes of the State of Connecticut
and/or the Fire Safety Code of the State of Connecticut. The Fire
Marshal shall establish a fire lane by written order. A copy of such
order shall be delivered to the owner of the property or the property
owner's agent.
Once the Fire Marshal has designated a fire lane, the owner
or agent of the owner shall cause to be erected, or installed, adequate
signs, markings and other devices to delineate such fire lanes. Such
signs and markings shall be installed, if the premises are privately
owned, at the expense of the owner and shall be erected by the owner
within 30 days after receipt of written notice from the Fire Marshal
directing the installation of such signs or markings. Such signs and
markings shall conform to the federal requirements for uniform traffic
control devices. In addition, it shall be the responsibility of the
owner or agent of the owner to maintain such signs and markings so
that they are always visible and identifiable and to maintain such
signs and markings so that they are kept free of ice, snow, or any
other material which would obstruct the lawful use of said fire lane.
Whenever the Fire Marshal establishes a fire lane, a copy of
the order shall be filed with the Board of Fire Commissioners and
with the Newtown Department of Police Services. Any party aggrieved
by such order may file with the Board of Fire Commissioners a written
appeal setting forth the reasons for the appeal. Such appeal must
be filed within 15 business days of the issuance of said order. The
Board of Fire Commissioners shall place all written appeals on the
agenda of its regularly scheduled meeting for due consideration and
deliberation. The Board of Fire Commissioners may affirm, modify or
rescind such order.
The property owner or agent for the property owner has 30 days
from the date of establishment of a fire lane and/or a decision from
any appeal to the Newtown Board of Fire Commissioners to install and
mark said fire lane. If, after 30 days, the signs and markings have
not been erected, the Town of Newtown may opt to cause the installation
of the required signs and markings through a third-party vendor or
through the Town of Newtown Department of Public Works. Said costs
for such installation of signs and markings will be collected as a
municipal fee in the same manner as municipal taxes.
A.
No person shall park or stand a motor vehicle in an established fire
lane except when actually picking up or discharging passengers.
B.
The Police Department is authorized and empowered to remove any vehicle
or vehicles parked or standing in an established fire lane.
C.
The procedure for removing and towing such vehicles shall be according
to law and according to policies of the Newtown Department of Police
Services.
D.
Whenever any vehicle is found parked in a fire lane, it may be removed
by or under the direction of a member of the Police Department by
means of towing to a public or private parking facility. Such removal
of any vehicle shall be deemed the abatement of a nuisance and shall
be at the risk of the owner or person entitled to the possession of
such vehicle. The removed vehicle shall be impounded until the towing
fees and charges provided in this chapter are paid by the owner or
person entitled to possession of the vehicle.
Any violations of this chapter, as it relates to parking in
a fire lane or the installation of signs and markings for designated
fire lanes, shall constitute an offense against this chapter and shall
be punishable by a fine of $35. Each day the violation continues shall
be a separate offense.
The First Selectman, with the approval of the Board of Selectmen, shall appoint one citation hearing officer to conduct the hearing authorized by § 132-7. Police officers or other persons authorized to issue citations may not serve as hearing officers.
A.
The Town of Newtown, at any time within 12 months from the expiration
of the final period for the uncontested payment of fines, penalties,
costs or fees for any citation issued under any ordinance adopted
pursuant to C.G.S. § 7-148 for an alleged violation thereof,
shall send notice to the party cited. Such notice shall inform the
party cited:
(1)
Of the allegations against the party and the amount of the fines,
penalties, costs or fees due;
(2)
That the party may contest the liability of the party before a citation
hearing officer by delivering in person or by mail written notice
within 10 days of the date thereof;
(3)
That if the party cited does not demand such a hearing, an assessment
and judgment shall be entered against the party; and
(4)
That such judgment may issue without further notice.
B.
If the party to whom the notice is sent pursuant to Subsection A of this section wishes to admit liability for any alleged violation, the party 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 such municipality. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such party or other party making the payment. Any party 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 A of this section shall be deemed to have admitted liability, and the designated municipal official shall certify such party'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 the applicable ordinances and shall follow the procedures set forth in Subsection D of this section.
C.
Any party 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 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 the issuing official or policeman shall be
filed and retained by the municipality, and shall be deemed to be
a business record within the scope of C.G.S. § 52-180 and
evidence of the facts contained therein. The presence of the issuing
official or policeman shall be required at the hearing if such party
so requests. A party wishing to contest its liability shall appear
at the hearing and may present evidence on its behalf. If such party
fails to appear, the hearing officer may enter an assessment by default
against the party upon a finding of proper notice and liability under
the applicable statutes or ordinances. The hearing officer may accept
from such party copies of police reports, investigatory and citation
reports, and other official documents by mail and may determine thereby
that the appearance of such party is unnecessary. The hearing officer
shall conduct the hearing in the order and form and with such methods
of proof as the hearing officer 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 the decision at the end of the hearing. If
the hearing officer determines that the party is not liable, the matter
shall be dismissed and the determination entered in writing accordingly.
If the hearing officer determines that the party is liable for the
violation, the hearing officer shall enter and assess the fines, penalties,
costs or fees against such party as provided by the applicable ordinances
of the municipality.
D.
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 party 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 a Superior Court facility designated
by the Chief Court Administrator, 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 party 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 party in favor of the municipality.
Notwithstanding any 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 party.
E.
A party 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
any entry fee in an amount equal to the entry fee for a small claims
case pursuant to C.G.S. § 52-259, at a Superior Court facility
designated by the Chief Court Administrator, which shall entitle such
party to a hearing in accordance with the rules of the judges of the
Superior Court.
