[HISTORY: Adopted by the Wilton Town Meeting 8-28-1985. Amendments noted where applicable.]
Editor's Note: This resolution also repealed former Ch. 27, Vehicle and Traffic, Art. I, adopted 10-6-1924; Art. II, adopted 6-8-1961.
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 Wilton and shall supplement but not supersede the other provisions of this ordinance.
The Police Commission of the Town of Wilton shall have the authority to post speed limit signs, traffic control signs and signs prohibiting or restricting parking on the highways and upon Town owned property in the Town of Wilton 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 Wilton Police Department.
The Wilton Police Department shall have the authority to enforce all parking restrictions established pursuant to Title 14 of the Connecticut General Statutes, and any amendments and/or modifications thereto, in accordance with the procedure set forth in this chapter. All Title 14 restrictions shall be construed as restrictions under this chapter. Additionally, the Wilton Police Department shall enforce the following restrictions, pursuant to the procedure set forth in this chapter:
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.
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 Wilton or upon any property owned by the Town, contrary to:
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 under § 27-3A above, such reasonable time shall be no longer than the minimum time required to obtain assistance to remove the vehicle.
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 any private road serving two or more buildings.
No person shall park or cause or permit to be parked or otherwise remain stationary any commercial vehicle of more than one-and-one-fourth-ton rated capacity upon any highway in the Town of Wilton in excess of two hours.
The Police Department shall, from time to time, prepare recommendations concerning a schedule of fines for violations of §§ 27-3, 27-4 and 27-5 of this ordinance. After reviewing these recommendations, the Board of Selectmen shall establish a schedule of fines for each violation of §§ 27-3, 27-4 and 27-5 of this ordinance. In the case of § 27-5, each four-hour period in excess of the original two-hour period may constitute a separate violation. The schedule of fines contemplated in this section 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 Selectmen.
If after 90 days, and after 10 days' notice by registered mail to the owner of the vehicle, any fine imposed pursuant to Subsection A hereof remains unpaid, the Police Department may notify the Connecticut Department of Motor Vehicles of said outstanding unpaid fine.
If any vehicle has three or more outstanding tickets with unpaid fines, the Police Department is hereby authorized to remove and tow away, by a designated towing station as defined and described in § 27-9 hereof, any such vehicle. Said vehicle shall be released back to the owner upon payment of all outstanding fines and any impoundment and/or storage fees.
The Police Commission shall have the authority to print parking tickets to be issued for violations of §§ 27-3, 27-4 and 27-5 of this ordinance which may provide for specific fines for the various offenses covered by such sections of this ordinance. Said parking tickets may provide that the specific fine for a violation may be paid in person or by mail at a location specified on the parking ticket for a specified period of time after issuance of the ticket. Fines not paid within 15 days shall be doubled. Any fines so collected shall go into the general fund of the Town of Wilton. The final period for the uncontested payment of fines and penalties for any violation of the ordinance shall be 60 days from the date on which the parking ticket was issued.
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 § 27-3A. Any vehicle may also be removed or towed away, at the owner's expense, when it is parked or left stationary in violation of § 27-3B, 27-4 or 27-5 of this ordinance 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.
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 Wilton Police Department in the manner set forth in this section. Any garage owned by the Town or by any public agency may also be so designated as an official towing station by the Police Commission.
Designated towing stations shall 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 Wilton 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 performance in the discharge of its duties as an official towing station and as bailee of impounded vehicles.
The First Selectman shall appoint one or more parking violation hearing officers, who shall be residents of the Town of Wilton other than policemen, members of the Police Commission or persons who issue parking tickets or work in the Police Department, to conduct hearings when requested by persons who want to question or contest a parking ticket issued to them.
At any time within two years from the expiration of the final period for the uncontested payment of fines and penalties as set forth in § 27-7, the Town may send notice to the motor vehicle operator, if known, or the registered owner of the motor vehicle, at his address listed with the registration records of the Department of Motor Vehicles, which notice shall inform the operator or owner of the allegations against him and the amount of the fines or penalties due; that he may contest his liability before a parking violations hearing officer, by delivering in person or by mail, written notice within 10 days of the date thereof; that if he does not demand such a hearing, an assessment and judgment shall enter against him; and that such judgment may issue without further notice.
Any person who does not demand a hearing within 10 days of the written notice is deemed to have admitted liability, and an official designated by the First Selectman shall certify to the hearing officer that there was no request for a hearing within the ten-day period. The hearing officer shall then enter and assess the fines and penalties provided for in this ordinance and shall follow the procedures set forth in Section 7-152b(f) of the Connecticut General Statutes for the collection of parking fines and charges in civil proceedings.
If a hearing is requested within the time limits stated in § 27-10. a parking violation hearing officer shall conduct a hearing in accordance with the procedure set forth in Section 7-152b(e) of the Connecticut General Statutes. At the end of the hearings, if the hearing officer determines that the person is not liable, he shall dismiss the matter and enter his determination, in writing, accordingly. If the hearing officer determines the person is liable for the violation, he shall enter and assess the fines and penalties against such person, as provided in this ordinance, and if such assessment is not paid, the Town shall collect the fines and penalties as provided in Section 7152b(f) of the Connecticut General Statutes.