Chapter 192

VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Town of Somers as follows: Art. I, 1-10-1983 by the Special Town Meeting, effective 2-25-1983; Art. II, 9-19-1983 by the Board of Selectmen, effective 9-30-1983. Amendments noted where applicable.]

ARTICLE I

Operation of Motor Vehicles

[Adopted 1-10-1983 by the Special Town

Meeting, effective 2-25-1983]

~ 192-1. Purpose.

The purpose of this Article is to control, regulate and, where necessary, prohibit the use or operation of motorized vehicles within certain areas of the Town of Somers.

~ 192-2. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

MOTOR VEHICLE -- Any machine powered by a motor of any size, whether the same is transported upon ties, wheels, skis or tracks, and regardless of the number of ties, wheels, skis or tracks.

OWNED BY THE TOWN OF SOMERS -- Land owned by the Town of Somers, whether the care and administration of the same is relegated to the Board of Selectmen or the Board of Education, and shall also refer to those areas adjacent to town-owned roads within the right-of-way.

PROPERTY -- Synonymous with "real estate," "land" and "designated areas" owned by the Town of Somers and may be used interchangeably.

~ 192-3. Restrictions on posted property.

No person shall operate a motor vehicle upon land owned by the Town of Somers which has been clearly posted "No Vehicular Traffic Allowed" together with suitable language of the authority posting said sign or signs. This restriction may be limited further as to specific times of restriction as determined to be appropriate.

~ 192-4. Authority of Board of Selectmen.

The Board of Selectmen of the Town of Somers shall have the authority to designate the places of restriction, the times of restriction, the placement of signs of notice of restriction and the number of signs to be placed.

~ 192-5. Penalties for offenses.

Any person violating this Article by operating a motor vehicle upon land of the Town of Somers prohibited by designation of the same in accordance with this Article shall be guilty of an infraction and shall be fined not more than fifty dollars ($50.) for each offense.

ARTICLE II

Parking

[Adopted 9-19-1983 by the Board of

Selectmen, effective 9-30-1983]

~ 192-6. Time limits.

No vehicle shall be parked beyond the period of legal parking as designated by the Board of Selectmen of the Town of Somers as set for that area on any street or off-street parking area in the Town of Somers.

~ 192-7. Commercial vehicles.

No person shall park or leave unattended for longer than one (1) hour any commercial vehicle on streets in residential areas in the Town of Somers. A "commercial vehicle" is hereby defined as any vehicle designated and used for the transportation of merchandise or freight or of employees of the registrant when engaged in the business of the registrant.

~ 192-8. Temporary bans.

The Chief Executive Officer of the Town of Somers is authorized to declare a parking ban thereby temporarily prohibiting parking in any area where in his opinion it is necessary to facilitate the removal of snow, the construction of public works improvements and other good and sufficient purposes. He shall give notice of such temporary prohibition by placing suitable signs at said designated area.

~ 192-9. Winter parking.

No vehicle shall be parked on the streets of Somers during a snow or ice storm which has been in progress three (3) hours. No vehicle shall be parked or left on the traveled portion of a street or highway so as to impede normal snow plowing operations and the free flow of traffic during snow storms.

~ 192-10. Fire lanes.

No vehicle shall be parked in any area of any parking lot capable of parking ten (10) or more vehicles, whether public or private, which is designated by sign or ground paint as a fire lane.

~ 192-11. Penalties for offenses; impoundment of vehicles.

A. Any person violating any provision of this Article shall be fined the sum of thirteen dollars ($13.) plus a fee of two dollars ($2.) if paid within seventy-two (72) hours of the issuance of the notice of said violation and the sum of twenty dollars ($20.) plus a fee of two dollars ($2.) if paid beyond seventy-two (72) hours of the issuance of said violation.

B. Any vehicle involved in a violation of this Article may, in addition to the fine prescribed in Subsection A above, be removed and conveyed by or under the direction of the Somers Police Department by means of towing or otherwise to a place designated by the Chief Executive Officer of the Town of Somers. The owner of any impounded vehicle shall be duly informed as to the nature and circumstances of the violation on account of which such vehicle has been impounded and shall be liable for the costs incurred as the result of the removal and storage of such vehicle.

C. In any prosecution of proceeding for the violation of any provision of this Article, proof of the registration number of any motor vehicle therein concerned shall be prima facie evidence that the owner was the operator thereof.

~ 192-12. Conflicts with statutory provisions.

Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statutes shall take precedence over this Article.

~ 192-13. Amendments.

This Article is amended under the provisions provided in Connecticut General Statutes Section 14-251, as amended.