[HISTORY: Adopted by the Town of Barkhamsted Special Town
Meeting 9-28-1982 by Ord. No. 36. Amendments noted where applicable.]
Whenever any person damages any property owned by or in the
custody of the Town of Barkhamsted, the First Selectman is authorized
to pursue restitution on behalf of the town by whatever lawful means
said First Selectman deems appropriate.
[Amended STM 2-13-1992 by Ord. No. 59]
The Board of Selectmen is authorized to set a schedule of values
for items which are damaged.
[Added STM 12-17-2015]
A.
It shall
be unlawful to deposit, throw or place waste materials, paper or litter
upon the roads or public areas of the Town of Barkhamsted, including
property owned by the State of Connecticut or the Metropolitan District
Commission.
B.
Any person
or persons throwing trash on these areas may be punished by a fine
not exceeding $50.
[Added ATM 5-9-2017]
A.
ADVERTISING MATTER
NEWSPAPER
Definitions.
As used in this section, the followings terms shall have the meanings
indicated:
Any printed or written matter, including handbills and signs,
or otherwise reproduced originals or copies of any matter or literature,
except a newspaper as defined in this section, which advertises for
sale any merchandise, product, commodity or thing, or which directs
attention to any business or commercial establishment or other activity
for the purpose of either directly or indirectly promoting the interest
thereof by sales, or which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement,
and is distributed or circulated for advertising purposes, or for
the private benefit and gain of any person so engaged as an advertiser
or distributor.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
any newspaper filed and recorded with any recording officer as provided
by general law, or any printed matter of general circulation published
for the dissemination of local, regional, state, national or international
news or information of a general character.
B.
Distribution
of advertising matter and newspapers on unimproved or vacant private
premises. No person shall deposit, distribute, or place any advertising
matter or newspaper, or cause the same to be done, in or upon any
private premises which are unimproved or which are vacant, without
first obtaining the permission of the owner or other person in control
of such premises.
C.
Distribution
of advertising matter or newspapers on private property. No person
shall deposit, distribute, or place any advertising matter or newspaper,
or cause the same to be done, in or upon any private premises within
the Town when the owner or occupant of said private premises has notified
the distributor or disseminator of such advertising matter or newspaper
that he or she does not wish to receive said advertising matter or
newspaper. Said notice shall be:
(1)
By
written communication to the distributor or disseminator of such advertising
matter or newspaper; or
(2)
By
placing on said premises in a conspicuous place near the entrance
thereof a sign bearing the words "No Advertising," or any similar
notice indicating that no such advertising matter or newspaper is
to be left upon said premises.
D.
Exemptions.
The provisions of this section shall not apply to the distribution
of material through the United States Mail, nor to the distribution
of material if such distribution is required by federal, state or
local regulation.
E.
Penalty
for violation. Each violation of this section shall be considered
a separate municipal offense, and each separate offense shall be subject
to a fine of $75 payable to the Town of Barkhamsted.
[Added ATM 5-9-2017]
A.
Purpose.
The purpose of this section is to establish a citation hearing procedure
in accordance with C.G.S. §§ 7-148(c)(10)(A) and 7-152c
to be followed in all instances when citations are issued by the Town
of Barkhamsted municipal officials.
B.
Issuance
of citation.
(1)
Regulations
and ordinances of the Town may be enforced by citations issued by
designated municipal officers or employees, provided that the regulation
or ordinance has been designed specifically by the Town for enforcement
by citation.
(2)
Any
person receiving a citation issued under any regulation or ordinance
of the Town shall be allowed a period of 30 calendar days from his/her
receipt of the citation to make an uncontested payment of the fine
specified in the citation to the Town. If the citation is mailed by
regular or certified mail, the day of receipt of the citation shall
be deemed to be three business days after the day of mailing of the
citation.
(3)
If a person who has been issued a citation does not make payment of the fine specified in the citation to the Town within the time allowed under Subsection B above, the Town shall send notice to the alleged violator no later than 12 months after the expiration of the final period for the payment of the fine for any citation issued under any regulation or ordinance of the Town for an alleged violation, informing the violator and any other persons cited of the following:
(a)
The allegations against the violator and other persons cited and
the amount of the fines due;
(b)
The alleged violator or other person cited may contest his/her liability
by delivering in person or by mail written notice within 10 days of
the date of the original notice to said violator that he/she desires
to contest his/her liability before a citation hearing officer;
(c)
If the alleged violator does not demand such a hearing, a judgment
and fine shall be entered against him/her; and
(d)
Such judgment may issue without further notice.
(4)
If the alleged violator or the other person or persons to whom notice has been sent pursuant to Subsection C above wishes to admit liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fines in person or by mail to the official designated by the Town. Any alleged violator or other person who does not deliver or mail a written demand for a hearing within 10 days of the date of the first notice provided in Subsection C above shall be deemed to have admitted liability, and the designated municipal official shall certify such person’s failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines provided for by law and shall follow the procedures set forth in Subsection C below.
(5)
In
those instances where there is time to do so and where a continuing
violation is not causing immediate or significant harm, a written
warning providing notice of the specific violation shall be sent prior
to issuing the citation.
C.
Hearing
procedure.
(1)
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 such notice, provided that the hearing officer shall grant, upon
good cause shown, any reasonable request by an interested party for
postponement or continuance. An original or certified copy of the
initial notice of violation issued by the issuing officer shall be
filed and retained by the Town, 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 officer shall
be required at the hearing if such person so requests. The alleged
violator or other person wishing to contest liability shall appear
at the hearing and may present evidence in his/her behalf. A designated
Town official, other than the hearing officer, may present evidence
on behalf of the Town. If the alleged violator fails to appear, the
hearing officer may enter a fine by default against him/her upon a
finding of proper notice and liability under the applicable ordinance.
The hearing officer may accept from such alleged violator copies of
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/she
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/her decision at the end of the hearing. If he/she determines that
the alleged violator or other person is not liable, he/she shall dismiss
the matter and enter his/her determination, in writing, accordingly.
If he/she determines that the person is liable for the violation,
he/she shall forthwith enter and assess the fines against such person
as provided by this section.
(2)
If
such fine 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. The certified
copy of the notice of the fine shall constitute a record of the fine.
Within such twelve-month period, fines against the same person may
be accrued and filed as one record. The clerk of the court shall enter
judgment in the amount of such record of fines and court costs against
such person in favor of the Town. 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 of such judgment may issue without further
notice to such person.
(3)
The
person against whom a fine has been levied 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 the levy of such fine, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to C.G.S. § 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.
(4)
The
First Selectman shall appoint one or more citation hearing officers,
who shall be other than police officers or employees or persons who
issue citations, to conduct the hearings authorized by this section.
All such officers shall serve for a term of two years.
D.
Disposition
of money received. All moneys received pursuant to the procedure set
forth above shall be remitted to the office of the Town Tax Collector.
