Newtown Code Section 295
Vehicles and Traffic
Article I
Vehicle Races, Contests and Demonstrations
295-1. Races on public or private property prohibited.
No person shall operate any vehicle, on public or private property, in any race, contest, or demonstration of speed or skill within the boundaries of the Town of Newtown.
295-2. Races on public highways prohibited.
No person shall operate any vehicle upon the public highways in any race, contest, or demonstration of speed or skill within the boundaries of the Town of Newtown.
295-3. Operation or conduct of races prohibited.
No person shall manage, operate, or conduct any such race, contest, or demonstration within the boundaries of the Town of Newtown.
295-4. Penalties for offenses.
Any person violating the provisions of this article shall be fined not more than $100.00 for each offense; and the participation in or conduct of each such race or exhibition shall constitute a separate offense.
Article II
Winter Parking
Unattended Parked Vehicles
(Adopted by the Board of Selectman November 19, 1968 Town Journal 14, Page 191)
295-5. Overnight parking restricted.
No person shall leave or permit to remain parked unattended any wagon, motor vehicle, truck, or any other vehicle on any town highway in the Town of Newtown from sunset to sunrise from November 15th to March 15th.
295-6. Removal of vehicles in violation.
In the event any such vehicle so defined is parked or left unattended on any such street or highway, the same shall be, and is hereby declared to be a nuisance and may be removed by the First Selectman of the Town of Newtown or his designee, or any Police Officer of the Town, from such highway or road at the expense of the owner or the person in possession thereof.
295-7. Redemption of removed vehicles.
Such vehicle so removed shall be returned to the owner or the person in possession thereof only upon payment of the necessary expense for the removal and care of said vehicle.
295-8. Penalties for offenses.
A. The violation of the provisions of this ordinance shall constitute an offense against such ordinance and shall be punishable by fine not exceeding $25.00.
B. Notwithstanding any language above to the contrary, the maximum fine for each violation under this chapter 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 chapter 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]
295-9. Citation hearing officer. [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 265-8.
295-10. Appeals procedure. [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 judgement shall be entered against him; and
(4) That such judgement 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 fines, penalties, costs or fees, admitted to in person or by mail to an official designated by such municipality. Such payment shall be admissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making payment. Any person who does not deliver or mail written demand for a hearing in 10 days of the date of the first notice provided for in section 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 of the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of mailing of the notice, provided the hearing officer shall grant, upon good cause shown, any reasonable request by an 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 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 the finding of proper notice and liability under the applicable statutes and 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 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 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 judgement, 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 judgement, shall have the effect of a civil money judgement, and a levy of execution on such judgement 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.
Article III
Commercial Vehicle Restrictions
Formerly Ordinance 57
Prohibiting Commercial Truck Traffic On Mile Hill South Or Nunnawauk Road
(Adopted by Legislative Council May 20, 1981, Town Journal 18, Page 158, Effective June 27, 1981)
295-11. Definition.
As used in this article, the following terms shall have the meanings indicated:
TRUCK - every commercial motor vehicle other than public safety, education, municipal and municipal purpose vehicles having a gross weight of 6,000 pounds and/or over and designed, used and maintained primarily for the transportation of property and includes a motor vehicle designed and used for the purpose of drawing a semi-trailer as well as the vehicle drawing the semi-trailer and the semi-trailer.
295-12. Restriction.
No person shall operate any truck on Mile Hill South or Nunnawauk Road except while on a trip with a point of origin from or destination on Mile Hill South or Nunnawauk Rd.
295-13. Penalties for offenses.
Any person violating the terms of the ordinance shall be fined not more than $100.00 for each offense.
Article IV
Parking Violations
295-14. Applicability of state law.
The provisions of the Connecticut General Statutes concerning vehicles, traffic, use of highways, 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.
295-15. Authority to post signs.
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.
295-16. Enforcement.
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.
295-17. Schedule of fines.
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 Selectmen 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 consideration by the Police Commission and review and approval by the Board of Selectmen.
295-18. Parking violation incentive payment program.
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.
295-19. Determination of vehicle control.
When a vehicle is otherwise left stationary in violation of this article, its registered ownership shall be considered prima facia proof that such person was in control of the vehicle at the time of such parking or other such violation.
295-20. Removal of vehicles in 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 of left stationary in violation of this article. Any vehicle may also be removed or towed away, at the owner's expense, when it is 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 parking or designated by a sign as a tow-away zone.
295-21. Storage of removed vehicles.
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 station and as bailee of impounded vehicles.
295-22. Penalties for offenses.
A. Violations under this article shall be $50, subject to adjustment as set forth in 295-17 above, shall be considered an infraction and enforceable under 295-23 and 295-24
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. [Added 9-17-2003]
295-23. Citation hearing officer. [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 260-12.
295-24. Appeals procedure. [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 judgement shall be entered against him; and
(4) That such judgement 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 fines, penalties, costs or fees, admitted to in person or by mail to an official designated by such municipality. Such payment shall be admissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making payment. Any person who does not deliver or mail written demand for a hearing in 10 days of the date of the first notice provided for in section 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 of the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of mailing of the notice, provided the hearing officer shall grant, upon good cause shown, any reasonable request by an 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 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 the finding of proper notice and liability under the applicable statutes and 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 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 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 judgement, 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 judgement, shall have the effect of a civil money judgement, and a levy of execution on such judgement 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.
Article V
Use of Two-, Three- and Four-Wheeled Vehicle on Public Lands
295-25. Vehicles restricted.
A. The following are banned from the streets, sidewalks, and all other Town lands, including but not limited to parks, playing fields and open space, except as necessary to provide for the health or safety of persons, wildlife or property by persons operating such vehicles in an official capacity within the Town of Newtown and except in such areas as may be designated for such use by the Board of Selectmen, with the concurrence of a majority of the members of the Legislative Council:
(1) Dirt bikes and other two-wheeled motorized vehicles, except to the extent that they may otherwise lawfully by operated on public highways, driveways and parking lots.
(2) Three- and four-wheeled all terrain motor vehicles, except to the extent that they may be otherwise lawfully operated on public highways, driveways and parking lots.
(3) Snowmobiles and other track-driven vehicles, except to the extent that they may be otherwise lawfully operated on public highways, driveways and parking lots.
B. Signs may be posted accordingly.
295-26. Penalties for offenses.
Any person who operates a vehicle in violation of this article on any street, sidewalk or other public land within the Town of Newtown shall be guilty of an infraction and shall pay a fine of $90.
Article VI
295-27 TRAFFIC CALMING ORDINANCE
A. The Police Commission of the Town of Newtown 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 and roadways, 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 PublicWorks or his designee, who shall be a professional engineer licensed in the State of Connecticut.
C. The implementing authority shall develop program guidelines , during which process it will hold not less than one public hearing, that will ensure public participation and access to the program. These guidelines shall be reviewed at least every three years by the implementing authority for possible revisions or modifications. In addition to setting forth the implementing authority’s protocols for determining the need for traffic calming measures, the 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 community consensus, public hearings and notices of construction. Said guidelines
will set forth an appeals process by which affected residents may request review. The implementing authority shall provide in the guidelines of 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, the implementing authority’s plan for implementation of 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 devices in accordance with 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 consistent with the plan at
any time such improvements are deemed desirable.
E. The implementing authority will provide the Legislative Council within one year of the effective date of the ordinance with a report, updating the progress it has made in creating and implementing the program guidelines referenced in the ordinance.
F. Within six months of the effective date of the ordinance, the implementing authority shall provide a report and every six months thereafter until the guidelines are in place.
This ordinance shall be effective 15 days after publication.
Adopted by the Legislative Council of the Town of Newtown on August 6, 2008.
Francis G. Pennarola, Vice Chairman
S:trafficcalming/generalcodetrafficcalming
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