[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:
(1) 
The direction of signs posted on said highway or property by the Police Commission; or
(2) 
Any restrictions on parking, standing, stopping or remaining stationary set forth in Title 14 of the Connecticut General Statutes, and any amendments and/or modifications thereto.
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.
A. 
Violations under this article shall be $50, subject to adjustment as set forth in § 216-16 above, shall be considered an infraction and enforceable under §§ 216-22 and 216-23.
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.