Town of Newtown, CT - Fire Lanes

Newtown Code Section 229

Formerly Ordinance 34

FIRE LANES AND FIRE ZONES

(Passed by the Legislative Council January 18, 1978 Town Journal 17, Page 55, Effective February 17, 1978)

Establishment and Regulation

229-1. Authority to designate; signage.

The Board of Fire Commissioners of the Town of Newtown shall have the power to designate fire lanes and fire zones within the Town, which shall be by appropriate signs.

229-2. Marking of lanes and zones.

Whenever the Board of Fire Commissioners of the Town of Newtown establishes a fire lane or fire zone pursuant to the General Statutes of the State of Connecticut and/or the Fire Safety Code of the State of Connecticut said Board shall cause to be erected or installed adequate signs, markings and other devices to delineate such fire lanes or fire zones. Such signs and markings shall be installed, if the premises are privately owned, at the expense of the owner and shall be erected by the owner within thirty (30) days after receipt of written notice from said Board directing the installation of such signs or markings. Such signs and markings shall conform to the federal requirements for uniform traffic-control devices.

229-3. Parking or standing of motor vehicles prohibited.

No person shall park, or permit to stand, a motor vehicle in a fire lane or fire zone so established except when actually picking up or discharging passengers.

229-4. Removal of vehicles in violation; fines.

The police department is authorized and empowered to remove any vehicle or vehicles parked or standing in a fire lane or fire zone so established.

A. The procedure of removing and towing such vehicles shall be as described in section B hereof.

B. Whenever any vehicle is found parked in a fire lane or fire zone, it may be removed by or under the direction of a member of the police department, by means of towing or otherwise, to public or private facility. Such removal of any vehicle shall be deemed the abatement of a nuisance and shall be at the risk of the owner or person entitled to the possession of such vehicle, and having been so removed, shall continue to be impounded until the fees and charges provided in this ordinance shall be paid by the owner or the person entitled to possession thereof.

C. The police officer directing the impounding of any such vehicle shall make a prompt report to police headquarters, and notice thereof shall be sent by the police department to the owner of record of such vehicle within forty-eight (48) hours from the time of such removal, indicating the place to which such vehicle has been removed and the reason for its removal and impounding.

D. No person shall be permitted to remove from a public or private parking facility any vehicle so impounded under the provisions of this ordinance unless such reports to police headquarters and:

(1). Furnishes satisfactory evidence of his identity and ownership of the vehicle or agency on behalf of the owner or other right to immediate possession.

(2). Pays a violation fee of Fifteen ($15.00) Dollars for the parking violation to the police department.

(3). Exhibits a receipt and authorization from the police department and pays for the storage of the vehicle and the costs of towing or removing the vehicle, which storage and towing charges shall be retained by the or firm who did the towing.

E. In the event a vehicle is parked, when prohibited at a designated fire lane or fire zone, but has not been removed, the owner or driver shall pay a violation fee of Fifteen ($15.00) Dollars for such illegal parking.

F. Reasonable charges for the removing, towing and storage of said vehicle shall be a lien upon such impounded vehicle and the payment thereof shall not release or relieve the owner or his agent from prosecution for any violation of law which may have been involved from the circumstances which resulted in the impounding of such vehicle.

G. When any impounded vehicle is returned to its owner or any person on behalf of the owner, such person or owner shall sign a receipt for the vehicle.

H. The police department shall keep a record of the motor vehicles impounded, which shall contain the following information:

(1). The names and addresses of the owners of vehicles impounded.

(2). The names of such persons claiming such vehicles.

(3). The license numbers and such information as may identify such motor vehicles.

(4). The nature and circumstances of the impounding of the vehicle, including the violation for which the same vehicle was impounded.

(5). The final disposition of each case.

(6). Where the vehicle has been towed.

229-5. Penalties for offenses.

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]

229-6. 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.

229-7. 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.

Formerly Ordinance 34A

ESTABLISHMENT OF FIRE LANES AND FIRE ZONES IN ACCORDANCE WITH THE FIRE LANE AND FIRE ZONE ORDINANCE

(Adopted by Board of Fire Commissioners, December 18, 1978, Town Journal 17, Page 120)

229-8. Locations designated.

The Newtown Board of Fire Commissioners pursuant to the Fire Lane and Fire Zone Ordinance of the Town of Newtown on January 18, 1978, 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 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. They 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 continued 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 the drive from Queen Street along "B" and "C" wing, and on the north (S.N.E.T. Co.) side from the building to the gymnasium.

229-9. Exceptions.

The only exception to the Fire Lane Ordinance shall be at the schools to allow school buses to be parked in the Fire Lane loading or unloading.

229-10. Penalties for offenses.

260-11. Citation hearing officer. [Added 9-17-2003]

260-12. Appeals procedure. [Added 9-17-2003]

(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.