[Adopted by the Legislative Council 9-1-2004 (Ord. No. 89)]
The provisions of the Connecticut General Statutes
concerning vehicles, traffic, use of highways by vehicles, rules of
the road, definitions of terms and penalties for violations of said
statutory provisions shall apply to all highways within the Town of
Newtown and shall supplement, but not supersede, the other provisions
of this article.
The Police Commission of the Town of Newtown
shall have the authority to post speed limit signs, traffic control
signs and signs prohibiting or restricting parking on Town highways
and upon Town-owned property in the Town of Newtown to such an extent
and in such locations as it determines to be necessary and proper
to protect the public safety and Town property, the regulations provided
by said posted signs to be enforced by the Newtown Police Department.
The Newtown Police Department shall have the
authority to enforce all parking restrictions as violations under
this article, which are established pursuant to Title 14 of the Connecticut
General Statutes, including but not limited to Sections 14-250a, 14-251,
14-252, and 14-253a, and any amendments and/or modifications thereto.
All Title 14 restrictions shall be construed as restrictions under
this article. Additionally, the Newtown Police Department shall enforce
the following restrictions, pursuant to the procedure set forth herein:
A.
No vehicle shall be permitted to remain stationary
within the limits of a highway in such a manner as to be a traffic
hazard, obstruct the free movement of traffic thereon, obstruct the
use of a fire hydrant or obstruct the movement of an emergency vehicle.
B.
No vehicle shall be permitted to park, stand, stop
or remain stationary upon the traveled portion of any highway or within
the lines constituting the right-of-way of any highway within the
Town of Newtown or upon any property owned by the Town, contrary to:
C.
A vehicle which has become disabled to such an extent
that it is impossible or impractical for the occupants to move it
may be permitted to so remain for a reasonable time, under the circumstances
then existing, but in no event more than 24 hours, for the purpose
of making repairs thereto or obtaining sufficient assistance to remove
it. In the case of a vehicle constituting a hazard or obstruction
as defined herein, such reasonable time shall be no longer than the
minimum time required to obtain assistance to remove the vehicle.
D.
No vehicle shall be parked or otherwise caused or
permitted to remain stationary upon a highway in front of or so as
to obstruct or interfere with the ingress into or egress from any
private driveway, except with the permission of the owner of such
driveway. No vehicle shall be parked or otherwise caused or permitted
to remain stationary upon a highway in front of or so as to obstruct
or interfere with the ingress into or egress from a private road serving
two or more buildings.
The Police Department shall, from time to time,
prepare recommendations concerning a schedule of fines for violations
of this article. After reviewing these recommendations, the Board
of Selectman shall establish a schedule of fines for each violation
of this article. The schedule of fines contemplated in this article
shall be made available to the public and may be amended from time
to time as necessary after reconsideration by the Police Commission
and review and approval by the Board of Selectman.
The Town of Newtown may elect to participate
in a Department of Motor Vehicles parking violation incentive payment
program as outlined in Section 14-33 of the Connecticut General Statutes.
When a vehicle is or otherwise left stationary
in violation of this article, its registered ownership shall be considered
prima facie proof that such person was in control of the vehicle at
the time of such parking or other such violation.
The Police Department is hereby authorized to
remove and tow away or have removed and towed away by a designated
towing station, at the owner's expense, any vehicle parked or left
stationary in violation of this article. Any vehicle may also be removed
or towed away, at the owner's expense, when it is parked or left stationary
in violation of this article within the limits of any highway or upon
Town-owned property at a location posted with a sign prohibiting or
restricting such parked or designated by a sign as a tow-away zone.
The Police Commission is authorized to designate
approved, privately owned garages within the Town as official towing
stations to which vehicles may be removed for storage by the Newtown
Police Department in the manner set forth in this section. Designated
towing stations may be asked to file with the Police Commission their
schedule of fees for towing, removing and storing vehicles, as filed
with the State Motor Vehicle Department, from time to time. No privately
owned garage shall be designated as an official towing station unless
the owner, lessee or operator has furnished a statement of financial
responsibility to the Police Commission and the Town of Newtown in
the amount of at least $30,000 to protect the Commission and the Town
against liability for any claim for damages arising out of the storing,
removing or towing of any impounded vehicles and to ensure faithful
performances in the discharge of its duties as an official towing
station and as bailee of impounded vehicles.
B.
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.
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 § 216-23.
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.
