[HISTORY: Adopted by the Town Council of the Town of North Branford as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-1978 by Ord. No. 125; amended in its entirety 6-18-2002 by Ord. No. 228, effective 7-16-2002]
As used in this ordinance, the following terms shall have the meanings indicated:
- MOTOR VEHICLE
- Any vehicle propelled or drawn by any power other than muscular.
- The standing of a vehicle, whether occupied or not, upon a highway otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations or traffic signs and signals.
- PUBLIC HIGHWAY
- Any roadway, thoroughfare or street within the limits of the Town of North Branford and required by statute to be maintained and repaired by the Town of North Branford.
- TRAFFIC AUTHORITY
- The Board of Police Commissioners of the Town of North Branford.
The Traffic Authority shall have the authority to prohibit, limit or restrict the parking of motor vehicles on any public highway.
The Traffic Authority shall erect and maintain signs designating the times and terms of such parking prohibition or restriction.
No person shall park any motor vehicle in any place where parking is prohibited or park any motor vehicle for a longer period of time than that indicated as lawful by any sign erected and maintained in accordance with the provisions of this ordinance.
It is the purpose of the Traffic Authority of the Town of North Branford to reduce hazardous traffic conditions resulting from the parking of commercial vehicles on streets within areas zoned for residential uses, to protect those districts from polluted air, excessive noise and trash and refuse caused by the entry of such vehicles, to protect the residents of these districts from unreasonable burdens in gaining access to their residences, to preserve the character of those districts as residential districts, to promote efficiency in the maintenance of streets in a clean and safe condition, to protect the value of the property in these districts, and to preserve the safety of children, pedestrians, and other motorists, and the peace, good order, comfort, convenience and welfare of the inhabitants of the Town of North Branford.
No person shall park or leave standing on any street or portion thereof in a residence district as defined by the Zoning Ordinance of the Town of North Branford, any commercial vehicle between the hours of 6:00 p.m. and 7:00 a.m. This prohibition shall not apply to the parking or standing of such a vehicle between the hours of 7:00 a.m. and 6:00 p.m. for the purpose of making pick-ups or deliveries from or to any home, structure, or building located within such residence district, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or construction of any such home, building or structure for which a building permit has been obtained, or for loading and unloading.
For purposes of this section "commercial motor vehicle" means a motor vehicle having a gross vehicle weight rating of 10,000 pounds or more and designed or used to transport 10 or more passengers, including the driver, or property, except a vehicle used within 150 miles of a farm in connection with the operation of such farm, firefighting apparatus or other authorized emergency vehicles.
Declaration of special parking restrictions. Whenever the Traffic Authority, Chief of Police or his designee finds that either an emergency or special event makes it necessary that parking within the paved portion of the highway or adjacent thereto be curtailed or the highway closed to all traffic, it may be declared an order to either restrict parking or close the highway. While the order is in effect, no person shall traverse, travel, park or allow to remain parked or standing any motor vehicle on or adjacent to any portion of any highway to which it applies.
Notice of highway closures. Orders pertaining to highway closures for special events shall be publicly announced by publishing notice thereof in a newspaper having general circulation within the Town not less than 24 hours prior to the effective date of the restriction or provide notice of such restriction. Such notice shall state the dates of the restriction, time (if so limited) and highways covered by the restriction. If it is impractical to publish notice of a special event, notice of the restriction may be made in accordance with Subsection C of this section. In case of an emergency, no such order is required.
Signs. On each street designated by the Traffic Authority, Chief of Police or his designee as hereinbefore provided, signs shall be posted at reasonable intervals. Signs posted in accordance with this subsection shall be plainly visible and readable to persons traveling on the street or highway. No sign shall be required in the event of an emergency.
The Traffic Authority or Chief of Police is authorized to suspend the parking regulations and prohibit parking temporarily in any area where it is necessary in order to facilitate the removal of snow, sleet or to prevent the obstruction or safe flow of traffic in time of heavy snowfall or other severe weather. Notice shall be given of such temporary prohibition and its rescission by radio and/or local television.
Parking on public highways during any snow or ice storm is prohibited in order to allow for the effective removal of ice or snow from the streets and highways of the Town of North Branford.
No person shall park any motor vehicle on any public highway for the twenty-four-hour period following a snowstorm of three inches or more unless the on-street parking is approved by the Traffic Authority. The Traffic Authority will designate by appropriate signs certain areas of public areas of public highways in which on-street parking may be permitted during or following snowstorm conditions.
All vehicles parked in permitted on-street parking areas must be moved from these designated areas within 12 hours after the storm to allow proper snow and ice removal.
Any vehicle found so parked in violation of this ordinance may be tagged and towed by the authority of the North Branford Police Department, and the owner of such vehicle shall be liable for the cost incurred therein for all charges levied in connection with the towing and storage of such vehicle. The cost of said towing will be pursuant to § 220-11 of this ordinance.
Any officer of the North Branford Police Department, with prior approval of the Town Manager or Chief of Police, or his immediate commanding officer, is authorized to remove and tow away or have removed and towed away by a commercial towing service any motor vehicle parked in any place where such parked vehicle creates or constitutes a traffic hazard or blocks the use of a fire hydrant or the movement or possible movement of emergency vehicles.
Any officer of the North Branford Police Department is authorized to remove and tow away or have removed and towed away by a commercial towing service any motor vehicle parked in violation of this ordinance if said motor vehicle has remained so parked for a period of not less than four hours following the attachment thereto, in a prominent position thereon, of a notice of violation setting forth the date, time and reason for such violation and declaring an intention to tow or remove from the public highway in accordance with the provisions in this section.
Any motor vehicle towed or removed pursuant to this ordinance shall be stored in a safe place and shall be restored to the owner or operator thereof, provided that said owner or operator shall pay all costs incurred by said towing and storage. The Board of Police Commissioners, after a public hearing, shall establish and publish regulations to carry out the purposes of this section.
Any person violating any provision of this ordinance may be fined not more than $55.
The fact that a motor vehicle which is parked in violation of this ordinance is registered in the name of a person shall be considered prima facie proof that such person was in control of the motor vehicle at the time of such parking.
Whenever a motor vehicle is found having been parked in violation of this ordinance, a police officer shall attach to said vehicle, in a prominent position, a notice of parking violation describing the date, time and reason therefor, and the registered owner thereof shall mail into the North Branford Police Department, within seven days of the time of the offense, the designated fine or otherwise be subject to double such fine, not to exceed $110. If any fine remains unpaid after 14 days, the violator may also be subject to the issuance of an arrest warrant.
The following streets, as indicated by appropriate signage, have been designated by the North Branford Traffic Authority as on-street-parking-permitted streets:
The following streets have been eliminated by the North Branford Traffic Authority from the Snow Ordinance permitted-emergency-parking list:
Any person aggrieved by any parking prohibition or restriction created by the Traffic Authority or any person aggrieved by the failure of the Traffic Authority to establish a permitted parking area following a snowfall may appeal such action to the Town Council. Such appeal shall be filed with the Town Clerk not later than 10 days following the action appealed from, and such appeal shall be to the next session of the Council which will allow sufficient time for the service of the notice required herein. A written notice of such appeal, addressed to the Traffic Authority, shall be deposited with or forwarded by certified mail to such Authority at least 10 days before the Council session at which the appeal will be heard. Upon such hearing, the Council shall determine whether the action of the Traffic Authority is reasonable and shall thereupon sustain or revoke such action or may make such other order which the Council deems fair and reasonable under the circumstances.