§ 20-5. Notice of violation; enforcement fee; hearing., Chapter 20. Traffic, Part II. Code of Ordinances, Code of Ordinances, New Milford

(a)

Whenever any vehicle shall be found parked or stationary in violation of this chapter, a parking enforcement officer duly designated by the Chief of Police or any police officer may serve upon the owner or operator of such vehicle, or attach to such vehicle, a notice of such violation. The notice of violation shall specify that the applicable violation fee shall be paid within 10 days unless within such ten-day period such owner or operator shall request a hearing pursuant to Subsection (c) hereof.

(b)

The applicable fine for a violation of this chapter shall be as follows:

(1)

For a violation of § 20-1(a) and (b): $15, except for double parking, the fine for which shall be $50.

(2)

For a violation of § 20-1(c): $100.

(3)

For a violation of § 20-1(d), (e) and (f): $25.

(4)

For a violation of § 20-1(g): $20.

(5)

For a violation of § 20-1(h): $25.

(6)

For a violation of § 20-1(i) and (j): $100.

(7)

For a violation of any order, rule or regulation of the Traffic Authority adopted pursuant to § 20-2: $5.

(c)

An owner or operator of a vehicle to which a notice of violation is issued pursuant to § 20-5(a) who wishes to contest his liability on account of such violation may request a hearing before a duly appointed hearing officer. Such hearing shall be requested by returning the notice of violation, unpaid to the Police Department within 10 days of issuance, indicating thereon that a hearing to contest the notice of violation is requested and the name, address and telephone number of the person requesting such hearing. Upon receipt of the request for hearing, the Police Department shall immediately forward same to the Town-appointed hearing officer. Upon receipt of such request for hearing, the hearing officer shall give the person requesting the same written notice of the date, time and place of hearing. Such hearing shall be commenced within 30 days from the date of the filing of such request for hearing. At any such hearing, the owner or operator to whom such notice of violation was issued shall have the burden of establishing that such notice of violation was improperly or erroneously issued or that such violation fee shall be abated for good cause.

(d)

Except as provided in § 20-5(c), the owner or operator to whom a notice of violation is issued shall pay the established violation fee within 10 days of the issuance of the notice of violation. If a hearing is requested and the notice of violation is not vacated or abated, such person shall pay the established violation fee within 10 days of such adverse hearing decision. Upon the payment of such violation fee within 10 days, a prosecution under this chapter shall be barred. Should the owner or operator elect not to pay the violation or does not pay the violation fee within the time permitted, the Police Department shall be authorized to seek an arrest warrant to prosecute the owner or operator for the violation of this chapter.

(e)

The Mayor shall appoint a suitable person, who shall not be a member of the State Police or the New Milford Police Department, to be a hearing officer to hear applications contesting notices of parking violations as provided herein and to determine, as provided in Section 14-150 of the General Statutes, whether or not the towing of any vehicle in the municipality was authorized under the provisions of Section 14-150 of the General Statutes, as incorporated into the Code of Ordinances by virtue of § 20-6.

(f)

The foregoing schedule of violations and fines shall not be construed to preclude, impair or affect the enforcement of any other rule, traffic or parking regulation that is provided by law, including without limitation, the terms and provisions of Article I, Chapter 18, § 18-1 et seq. pertaining to snow emergencies.