[HISTORY: Adopted by the Board of Fire Commissioners
of the Town of Newtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-18-1978]
The Newtown Board of Fire Commissioners, pursuant to Chapter 132, Fire Lanes, established the following fire lanes and fire zones on December 18, 1978:
A.
Edmond Town Hall:
(1)
Areas to be designated are the hydrant in front of
the building, the drive around the building, the handicapped entrance
and exit, fire escape on the north side, rear doors and stairway,
entryway to the finance area, exit from the gymnasium on the south
side.
(2)
The Fire Department shall designate the area in front
of the Fire House to the drive to the lower parking lot as a fire
zone. It will also designate a lane from the basement bays around
to the ramp leading out of the lower parking lot.
B.
Queen Street Shopping Center: a fire lane along the
front on the main building and extending along the south side; another
lane shall be in front of the annex for its length.
C.
Newtown High School: A fire lane shall be designated
along the sidewalk on the east and south sides of the building. This
will start near the senior parking area and extend to the gymnasium.
There will also be a zone by the stand pipe.
D.
Hawley School: A fire lane shall be designated along
the building adjacent to the paved drive area. A lane shall also extend
from the northeast exit doors to the above lane.
E.
Head-O-Meadow School: A fire lane shall be designated
from the start of the loop and continue along the length of the building
and around to the garage/boiler area.
F.
Sandy Hook Elementary School: A fire lane shall be
designated along the north and east sides of the building.
G.
Middlegate School: A fire lane shall be designated
along the paved area from the boiler room door across the front of
the building.
H.
Middle School: The entire "horseshoe" in the front
shall be a fire lane as well as the length of drive from Queen Street
along "B" and "C" wings, and on the north (S.N.E.T. Co.) side from
the building to the "B" gymnasium.
The only exception to this article shall be
at the schools to allow school buses to be parked in the fire lane
while loading or unloading.
[Added 9-17-2003]
Notwithstanding any language above to the contrary,
the maximum fine for each violation under this article shall be $90
or the amount set forth above, whichever is less. Each violation subject
to a fine shall be considered an infraction which, in the discretion
of the issuing violation, may be enforceable by citation. The fine(s)
imposed shall be payable to the Town of Newtown. Any individual fined
for a violation of this article may appeal that fine to the Town Hearing
Officer following the procedures set forth in the ordinance authorizing
said officer and herein setting forth the appeals process.
[Added 9-17-2003]
The First Selectman, with the approval of the Board of Selectmen, shall appoint one citation hearing officer, other than police officers or employees or persons who issue citations, to conduct the hearing authorized by § 610-5.
[Added 9-17-2003]
A.
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 or 22a-226d, for an alleged violation
thereof, shall send notice to the person cited. Such notice shall
inform the person cited:
(1)
Of the allegations against him and the amount of the
fines, penalties, costs or fees due;
(2)
That he may contest his liability before a citation
hearing officer by delivering in person or by mail written notice
within 10 days of the date thereof;
(3)
That if he does not demand such a hearing an assessment
and judgment shall be entered against him; and
(4)
That such judgment may issue without further notice.
B.
If the person who is sent notice pursuant to Subsection A of this section wishes to admit liability for any alleged violation, he 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 person or other person making the payment. Any person 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 person'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 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 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 person
so requests. A person wishing to contest his liability shall appear
at the hearing and may present evidence on behalf of the municipality.
If such person fails to appear, the hearing officer may enter an assessment
by default against him upon a finding of proper notice and liability
under the applicable statutes or ordinances. The hearing officer may
accept from such person copies of police reports, investigatory and
citation reports, and other official 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 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 decision at the end of the hearing. If he determines
that the person is not liable, he shall dismiss the matter and enter
his determination in writing accordingly. If he determines that the
person is liable for the violation, he shall forthwith enter and assess
the fines, penalties, costs or fees against such person 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 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 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 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 of $8, against
such person 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 person.
E.
A person 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 person to a hearing in accordance with the rules
of the judges of the Superior Court.
