[1]
Editor's Note: Former § 102-1, Creation of Authority; purpose, was repealed 3-31-2025, to take effect as of 7-1-2025.
[HISTORY: Adopted by the Representative Town Meeting of the Town of Fairfield as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 12 of the Code of the Town of Fairfield 1968]
[1]
Editor's Note: The title of this article was changed from "Parking Authority; Operation of Vehicles" to "Operation of Vehicles" 3-31-2025.
[Added 6-28-1971]
The operation of motor vehicles in the public parks, recreation facilities and properties of the Town of Fairfield shall be limited to the roadways and parking areas, or other areas as specified for the use of such vehicles by the proper authority, provided specifically for the use of said motor vehicles.
[Added 6-28-1971]
Any person who operates a motor vehicle in said parks, recreation facilities or properties of the Town of Fairfield on other than the aforesaid roadways or parking areas or other areas as specified for the use of such vehicles by the proper authority shall be fined not more than $25 for each offense.
[Adopted 2-26-2025]
A.
Pursuant to the authority granted in Connecticut General Statutes ("C.G.S.") § 14-307b (the "statute"), the Town of Fairfield (the "Town") hereby authorizes the use of automated traffic enforcement safety devices at locations within school zones, pedestrian safety zones, and other places within the boundaries of Fairfield, Connecticut, provided that the locations of such devices are identified in a plan submitted to and approved by the Connecticut Department of Transportation as required by the statute.
B.
The purpose of the use of automated traffic enforcement safety devices is to promote public safety and general welfare of the residents of and visitors to the Town, and its common interest to enact reasonable regulations pertaining to the reduction, control and/or prevention of traffic fatalities and pedestrian injuries and deaths so as to promote the public safety, convenience, general welfare, and quality of life of the Town's residents. Pursuant to C.G.S. § 14-307e, the authority to adopt a plan concerning the use of automatic traffic enforcement safety devices shall be exercised by the Representative Town Meeting as the Town's legislative body.
As used in this article:
Shall mean a device designed to detect and collect evidence of alleged traffic violations by recording images that capture the number plate, date, time, and location of a motor vehicle that:
Shall mean a person responsible for operating an automated traffic enforcement safety device.
Shall mean any person who operates, runs, or controls the functioning of a motor vehicle.
Have the same meanings as provided in C.G.S. § 14-1.
Shall mean an area designated by the Office of State Traffic Administration or the traffic authority of the Town pursuant to C.G.S. § 14-307a.
Shall mean information created or maintained by the Town or a vendor that identifies or describes an owner and includes, but need not be limited to, the motor vehicle owner's address, telephone number, license plate number, photograph, bank account information, credit card number, debit card number, or the date, time, location, or direction of travel on a highway.
Shall mean an area designated by the Office of State Traffic Administration or the traffic authority of the Town pursuant to C.G.S. § 14-212b.
Have the same meanings as provided in C.G.S. § 14-297.
Shall mean a person or entity that:
The Town [Traffic Authority] shall on an [annual] basis review traffic violation, complaint reports, and accident data to determine additional sites for ATESD installation.
The Town may enter into agreements with vendors for the design, installation, operation, or maintenance, or any combination thereof, of ATESDs. If a vendor designs, installs, operates, or maintains an ATESD, the vendor's fees may not be contingent on the number of citations issued or fines paid pursuant to this article.
All ATESDs shall be operated by an ATESD operator who shall be fully trained and certified in the operation of ATESD, the certificate of which shall be admitted as evidence in any hearing conducted pursuant to C.G.S. § 7-152c.
A.
The owner of a motor vehicle commits a violation of this article if the person operating such motor vehicle:
B.
ATESD shall be used solely for identifying violations of this article.
C.
For the first 30 days after a location is equipped with an operational ATESD, the owners of a motor vehicle that allegedly violates this article that is detected by such device shall receive a written warning instead of a citation.
A.
Whenever an ATESD detects and produces recorded images of a motor vehicle allegedly committing a violation of this article, a sworn member or employee of the Town's Police Department, a sworn member of the Fairfield Traffic Authority, or an employee of the Town as designated by the Traffic Authority shall review and approve the recorded images provided by such device. If, after such review, the member or employee determines that there are reasonable grounds to believe that a violation occurred, the member or employee shall issue by first class mail a citation to the owner of such motor vehicle.
B.
A citation under this article shall include the following:
(1)
The name and address of the owner of the motor vehicle;
(2)
The number plate of the motor vehicle;
(3)
The violation charged;
(4)
The location of the ATESD and the date and time of the violation;
(5)
A copy of or information on how to view, through electronic means, the recorded images that captured the alleged violation;
(6)
A statement or electronically generated affirmation by the member or employee who viewed the recorded images and determined that a violation occurred;
(7)
Verification that the ATESD was operating correctly at the time of the alleged violation and the date of the most recent calibration check performed pursuant to Subsection (h) of C.G.S. § 14-307c;
(8)
The amount of the fine imposed and how to pay such fine; and
(9)
The right to contest the violation and request a hearing pursuant to C.G.S. § 7-152c.
C.
A manual or automated record or mailing prepared by a sworn member or employee of the Town's Police Department, a sworn member of the Fairfield Traffic Authority, or an employee of the Town as designated by the traffic authority shall be prima facie evidence of mailing and shall be admissible in any hearing conducted pursuant to C.G.S. § 7-152c as to the facts contained in the citation.
D.
In the case of an alleged violation involving a motor vehicle registered in Connecticut, the citation shall be sent by first class mail not later than 30 days after the identity of the owner is determined and shall be mailed to the address of the owner that is in the records of the Department of Motor Vehicles. In the case of an alleged violation involving a motor vehicle registered in another jurisdiction, the citation shall be sent by first class mail not later than 30 days after the identity of the owner is determined and shall be mailed to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration.
E.
A citation shall be invalid unless mailed to an owner not later than 60 days after the alleged violation.
A.
The Town shall impose a fine against the owner of a motor vehicle that commits a violation of this article.
B.
The fine for a first violation of this article shall be $50. The fine for each subsequent violation of this article shall be $75. These fines shall be imposed against the owner of the motor vehicle committing a violation of this article.
C.
Payment of a fine and any associated fees may be made by electronic means.
D.
A reasonable fee, not to exceed $15, may be imposed for the costs associated with the electronic processing of the payment of a fine.
E.
Any funds received by the Town from fines imposed pursuant to this article shall be used for the purposes of improving transportation mobility, investing in transportation infrastructure improvements, or paying the costs reasonably associated with the running and use of ATESDs within the Town.
A.
Any owner issued a citation for violation of this article has the right to a citation hearing in accordance with the procedures delineated in C.G.S. § 7-152c.
B.
The cited person may contest his liability within 10 days of the citation by delivering in person or by mail written notice of his request to have a citation hearing.
C.
Citation hearings shall be conducted by the Fairfield Traffic Authority or its designee.
D.
The citation hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of the notice. At the citation hearing, all testimony is to be given under oath or affirmation in a fair and appropriate forum. The decision of the citation officer shall be rendered upon the end of the hearing.
E.
If the determination is made that the person cited is not liable, the matter shall be dismissed.
F.
If the determination is made that the person cited is liable for the citation, the citation officer shall assess fines, penalties, costs, and fees.
G.
If the cited person fails to appear at the requested citation hearing, the Fairfield Traffic Authority may enter an assessment by default against him.
A person against whom an assessment has been entered is entitled to judicial review by way of appeal that must be instituted within 30 days of the mailing of the notice of such assessment, in accordance with C.G.S. § 7-152c.
The defenses available to the owner of a motor vehicle that is alleged to have committed a violation of this article shall include, but are not limited to, any one or more of the following:
A.
The operator was driving an emergency vehicle in accordance with the applicable provisions of Subdivision (1) of Subsection (b) of C.G.S. § 14-283.
B.
The traffic control signal was inoperative, which is observable on the recorded images.
C.
The violation was necessary for the operator to comply with an order or direction from a law enforcement officer, which is observable on the recorded images.
D.
The violation was necessary to allow the passage of an authorized emergency vehicle, which is observable on the recorded images.
E.
The violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in C.G.S. § 7-294a, and had not yet been recovered prior to the time of the violation.
F.
The ATESD was not in compliance with the calibration check required pursuant to Subsection (h) of C.G.S. § 13-407c.
A.
No personally identifiable information shall be disclosed by the Town or a vendor to any person or entity, including any law enforcement unit, except where the disclosure is made in connection with the charging, collection, and enforcement of the fines imposed pursuant to this article.
B.
No personally identifiable information shall be stored or retained by the Town or a vendor unless such information is necessary for the charging, collection, and enforcement of the fines imposed pursuant to this article.
C.
The Town or a vendor shall destroy all personally identifiable information and other data that specifically identifies a motor vehicle and relates to a violation of this article not later than 30 days after any fine is collected or the resolution of a hearing conducted for the alleged commission of such violation, whichever is later.
D.
Any information and other data gathered from ATESDs shall be subject to disclosure under the Freedom of Information Act, as defined in C.G.S. § 1-200, except that no personally identifiable information may be disclosed.
To the extent of applicability, the provisions in the statute that are necessary to further and/or effectuate this article are hereby incorporated and adopted into to, herein.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by any decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.
All Town ordinances, bylaws, orders, resolutions, or parts thereof inconsistent herewith are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed to revive any ordinances, bylaws, orders, resolutions, or parts thereof heretofore repealed. This article shall take effect in accordance with the provisions of the Town Charter.
A.
The Fairfield Traffic Authority shall provide a written report each June to the Board of Selectmen and the Representative Town Meeting with the following information:
(1)
Summary of the total number of violations issued and the number at each location at which an ATESD is located in the previous year;
(2)
The number of vehicle owners who have received more than one violation in the previous year; and
(3)
Recommendations of the Fairfield Traffic Authority for additional location for ATESDs based upon the previous year's incidents of accidents and other factors as provided in the criteria set forth in the statute and any guidance and regulations related thereto.
B.
A representative of the Fairfield Traffic Authority shall be available to attend a meeting of the Board of Selectmen in June and the June meeting of the Representative Town Meeting to discuss the annual report if attendance is requested by either body.