[Added 3-2-1987; amended 3-1-1999; 11-3-2003]
A.
Any person receiving notice of the violations listed in § 285-20 may appear at police headquarters of the City, and such person shall pay to the Meter Clerk or to such other person as indicated on the citation the appropriate fine. Upon payment of such amount prosecution for the violation in question shall be barred:
B.
Any person having six or more outstanding violations,
of which notice has been forwarded to the State Motor Vehicle Department,
must remit payment of fines by cash, certified check or money order.
[Added 5-4-1981; amended 1-5-1998; 11-3-2003]
No person shall park any motor vehicle in a
public or private area reserved for the exclusive use of persons with
disabilities unless such vehicle is registered as a passenger or passenger
and commercial vehicle and a special parking identification card or
special license plate bearing numerals or letters, or any combination
thereof, followed by the International Symbol of Access issued by
the State of Connecticut or the official identification of a disabled
person issued by any other state, district or territory subject to
the laws of the United States is displayed on such vehicle and the
disabled person to whom such special identification card or special
license plate or official identification has been issued is the operator
of or a passenger in such motor vehicle.
[Added 4-2-2001]
A.
The Police Department of the City of Middletown is
hereby designated the implementing authority for the organization
and operation of a Traffic Calming Program in accordance with this
section. In developing traffic calming programs for community streets,
the implementing authority may utilize measures to reduce speed, enhance
pedestrian safety and reduce traffic diversion in residential neighborhoods.
B.
Traffic calming measures shall be in all cases designed
to comply with recognized standards and practices of the Institute
of Transportation Engineers, AASHTO, and the Connecticut Department
of Transportation. Traffic calming designs shall conform to the latest
edition of the United States Department of Transportation's Manual
on Uniform Traffic Control Devices and regulations of the State Traffic
Commission. All traffic calming measures shall be designed under the
supervision of the Director of the Department of Public Works or his
designee, who shall be a professional engineer licensed in the State
of Connecticut.
C.
The implementing authority shall develop program guidelines
that will ensure public participation and access to the program. Such
guidelines shall state the means by which a resident shall request
traffic calming services, the methods used by the Authority in advising
the potentially affected neighborhood and the evaluation criteria
to be used in measuring the relative benefits of each traffic calming
program. Guidelines shall provide for contacting the residents' neighborhood,
ensuring community consensus, public hearings and notices of construction.
The implementing authority shall provide, in the guidelines for this
program, requirements for continued monitoring of traffic calming
projects for a period of at least one year following placement to
review safety, success and effectiveness. Upon a finding of a hazardous
situation or condition created by the traffic calming measures, such
situation or condition shall be immediately corrected.
D.
The Department of Public Works shall annually present,
as part of its budget, a plan of implementation for traffic calming
improvements, which shall be considered in accordance with normal
budget practices and procedures. The submitted plan shall list projects
and priority evaluations indicating the order of implementation and
relative cost of each. Following approval of a budget for traffic
calming programs, the Department of Public Works is authorized to
install such devises in accordance with the priorities for each project
to the limit of the approved funding each year. The foregoing shall
not preclude the Department of Public Works from requesting appropriations
to implement traffic calming improvements at any time such improvements
are deemed desirable.
[Added 5-6-1985]
A.
The following vehicles may be removed or immobilized:
(1)
Vehicles parked in violation of law. Vehicles parked
in any parking area open to the public, on any public street, public
highway, any portion of the width between the boundary lines of any
way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel, or on any property owned
by, leased by, or in the possession and control of the City in violation
of any provision of any municipal ordinance, rule or regulation, or
state statute, rule or regulation. Notwithstanding the foregoing,
however, vehicles parked in violation of the law shall not be deemed
to include vehicles which are parked overtime.
(2)
Vehicles with $100 or more of outstanding parking
tickets. Vehicles which have $100 or more of unpaid parking violations
or associated penalties, late fees or fines issued against them and
which are found parked in any parking area open to the public, on
any public street, public highway, any portion of the width between
the boundary lines of any way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel,
or on any property owned by, leased by, or in the possession and control
of the City.
[Amended 11-3-2003; 11-3-2014 by Ord. No. 16-14]
B.
Removal and immobilization.
[Amended 11-3-2003; 11-3-2014 by Ord. No. 16-14; 6-7-2021 by Ord. No. 14-21]
(1)
A member
of the Police Department or the Parking Division may remove or cause
to be removed a vehicle in violation of this subsection. In addition
to or in lieu of removal, any such vehicle may be immobilized in such
manner as to prevent its operation. No such vehicle shall be immobilized
by any means other than by the use of a device or other mechanism
which will cause no damage to such vehicle, unless it is moved while
such device or mechanism is in place.
(2)
In any
case of a vehicle immobilized by the Police Department or Parking
Division there shall be placed on such vehicle in a conspicuous manner
a notice to the owner of the vehicle stating that it has been immobilized,
that any attempt to remove the vehicle may result in damage to the
vehicle, that if the vehicle is moved and damaged the damage will
be the responsibility of the owner and stating the place where necessary
fees and charges may be paid to obtain release of the vehicle from
immobilization.
(3)
In any
case in which a vehicle is immobilized by the Police Department or
Parking Division and subsequently that vehicle is unclaimed within
72 hours of immobilization, no response is received from the registered
owner within 72 hours of immobilization, or the registered owner disavows
ownership or the car is considered abandoned, that vehicle may be
towed or removed by the Parking or Police Department at the expense
of the owner. Such a removed vehicle may not be released to any subsequently
claiming party, should such a party present itself after removal of
the vehicle, until all unpaid City parking tickets and/or other City
obligations are first paid in full to the appropriate City department(s)
and all tow and storage fees are paid in full to the appropriate towing
company and all. Upon payment of unpaid parking tickets and/or other
City obligations, the Parking Division will provide documentation
to the vehicle owner releasing any tow company holds on the vehicle
as is necessary;
(4)
In the
case of the removal of a vehicle, within 72 hours after removal the
Police Department or Parking Division shall notify, by certified mail,
the owner of such vehicle of the fact of its removal, the place where
it may be recovered, and the conditions under which it will be released.
(5)
Whenever
a vehicle is immobilized or removed or caused to be immobilized or
removed by personnel of the Police Department or the Parking Division,
such personnel shall notify both the Police Department headquarters
and the Parking Division office of such immobilization and/or removal
so that, upon inquiry by the owner of the vehicle, the least amount
of delay will be encountered in recovery of the vehicle by the owner.
C.
Required actions of owner to regain possession. No
such vehicle shall be released unless the owner or his agent has established
his identity and right to possession and has signed a proper receipt
therefor. Before the owner or person in charge of any vehicle taken
into custody or immobilized shall be allowed to repossess or to secure
the release of said vehicle, he or his agent shall pay or provide
to the City the following:
(1)
The cost of removal and/or immobilization, plus the
cost of storage for each day or portion of a day that such vehicle
is so stored in excess of the first 24 hours, plus all sums legally
due for any City parking violations issued and outstanding against
such vehicle; or
(2)
In lieu of the above, a bond with a surety company
authorized to do business in this state in an amount sufficient to
cover the above charges.
D.
Unauthorized removal of immobilized or removed vehicle.
Any person who, after having his vehicle removed or immobilized, shall
remove such vehicle without complying with this Code of Ordinances
shall, in addition to the charges provide for in said sections, be
liable for any damage done to the immobilization device or mechanism
and be subject to a fine of not more than $100.[1]
[Added 5-6-1985; amended 9-2-1986; 2-6-1989]
A.
The Mayor, with the consent of the Common Council,
shall appoint four parking violation hearing officers. Such officers
shall serve for a term of two years from the effective date of appointment.
The City shall provide a suitable hearing room in which hearings are
to be conducted and all necessary forms, papers, furnishings and equipment
for the hearing officers to perform their function. The City shall
provide for the processing of cases prior to decisions by the hearing
officer and for processing of cases after the hearing officer has
made a decision.
B.
The hearing officers shall be empowered to hear appeals
from the issuance of parking violation citations and take such other
actions in processing parking violations as authorized by state statutes
and City ordinances and regulations.
C.
Any person or owner of a vehicle cited for a violation
of any ordinance, rule or regulation of the City pertaining to parking
may request, in writing, as indicated, a formal hearing before a parking
violations hearing officer upon the occurrence of any of the following
events:
(1)
Within five days of issuance of a parking violation
citation;
(2)
Within 10 days of issuance of notice of delinquency
of a parking violation citation; and
(3)
Within 10 days of receipt of a pending impoundment
notice, unless such notice is pursuant to a civil execution order
or a prior hearing has already been held in the matter.
D.
Procedure.
(1)
In scheduling formal appeal hearings, the appellant
shall be notified by mail of the place and time of the hearing. Such
notice shall be provided at least 15 days, but not more than 30 days,
prior to the scheduled hearing date.
(2)
The procedure for the hearing shall be informal as
to the rules of evidence, but testimony shall be taken under oath
or affirmation.
(3)
The provisions of this section shall be construed
in accordance with the provisions of applicable state statutes and
City ordinances.
(4)
In considering an appeal, the hearing officer may
consider all relevant facts and circumstances and may require personal
appearance of the appellant and issuing officer.
(5)
Should the hearing officer find in favor of the appellant,
he shall so certify to the City and the record of the citation shall
be removed from the files of the City.
(6)
Should the hearing officer find the issuance of the
citation proper, he shall so certify to the City and no further appeal
under this section shall be considered.
(7)
If such violation is not paid on the date of the judgment
of the hearing officer, the City shall send, by first-class mail,
a notice of the penalty 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 penalty assessment with
the Clerk of the Superior Court for the geographical area in which
the City is located together with an entry fee as required by statute.
The certified copy of the notice of penalty assessment shall constitute
a record of assessment. Within such twelve-month period, assessments
against the same person 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 against such person in favor of the
City. 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
on such judgment may issue without further notice to such person.
(8)
A person against whom an assessment has been entered
pursuant to this section is entitled to judicial review by way of
appeal. An appeal may be instituted as provided by statute within
30 days of the mailing of notice of such assessment.
E.
Request for immediate hearing when vehicle is immobilized
or removed. Any person whose vehicle is immobilized or removed because
of parking in violation of law or because of the existence of five
or more outstanding violations may request an immediate hearing on
the validity of the charges on which the immobilization or removal
was based. A hearing shall be convened by one of the parking violation
hearing officers as soon as practicable.
(1)
The procedure for the hearing shall be informal as
to the rules of evidence, but testimony shall be taken under oath
or affirmation. In considering the charges, the hearing officer may
consider all relevant facts and circumstances and require personal
appearance of the person requesting the hearing and the issuing officer.
(2)
Should the hearing officer find in favor of the person
charged, he shall so certify to the City and the record of charge
or charges shall be removed from the files of the City and the vehicle
released to the owner. Should the hearing officer find the issuance
of the charge or charges proper, he shall so certify to the City and
no further appeal for a hearing shall be considered.
(3)
The hearing officer shall determine the amount due
the City for the cost of immobilization or removal and the amount
due for violations outstanding. The owner may regain possession by
paying the amount found due by the hearing officer and establishing
his identity and right to possession and upon signing a proper receipt
for the vehicle. If not paid on the same day, the owner shall also
pay all charges due for storage in excess of the first 24 hours.
[Added 8-6-1979]
Every retail dealer of motor fuels shall provide
without charge to anyone in need water in a container suitable for
filling radiators, water in a container with sponge or other suitable
cleaning tool for the purpose of cleaning windshields, and air of
sufficient pressure along with the proper means of inflating tires
to their designated requirements.
[Added 6-3-1974; amended 10-7-1974; 6-3-1996]
A.
The Fire Marshals of the City of Middletown are hereby
directed and authorized to establish fire zone areas within or near
any public or private street, highway or passway when, in their judgment,
for the safety of the general public, such areas shall be restricted
no-parking zones.
B.
Wherever the Fire Marshal establishes a fire zone,
with the approval of the Fire Commissioners from the district affected,
he shall file a copy of his orders with the City/Town Clerk's office.
Such restricted areas shall be clearly marked, at the owner's expense,
"No Parking - Fire Zone - Tow-Away Zone." The enforcement of this
section shall be the responsibility of the Chief of Police and whomsoever
he may delegate.[1]
[1]
Editor's Note: Former Subsection C, regarding
fines for violations, which immediately followed this subsection,
was repealed 11-3-2003.
