Bill Text: CT SB00387 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning Parked Motor Vehicles.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-08 - Public Hearing 03/14 [SB00387 Detail]

Download: Connecticut-2018-SB00387-Introduced.html

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General Assembly		Raised Bill No. 387
February Session, 2018		LCO No. 1938
		*01938_______TRA*
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)

AN ACT CONCERNING PARKED MOTOR VEHICLES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-145 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) (1) An owner or lessee of private property, or his or her agent, may remove or cause to be removed, or may use a wheel-locking device to render immovable, any motor vehicle left without authorization on such property in accordance with the provisions of this section and sections 14-145a to 14-145c, inclusive, provided any owner or lessee of private commercial property, or his or her agent, shall install conspicuous signage stating that motor vehicles left without authorization on such private commercial property may be removed or rendered immovable and indicating where such motor vehicle will be stored, how the vehicle may be redeemed and any costs or fees that may be charged.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, an owner or lessee of private commercial property or such owner or lessee's agent may tow any motor vehicle left without authorization on such property and no signage warning of such towing shall be required to be installed by such owner or lessee if such motor vehicle is left (A) in a space reserved, as required in section 14-253a, as amended by this act, for exclusive use by persons who are blind and persons with disabilities and such vehicle does not bear a removable windshield placard or special license plate, as defined in section 14-253a, as amended by this act, (B) in an area reserved for authorized emergency vehicles, (C) within ten feet of a fire hydrant, as provided in section 14-251, (D) blocking building access, (E) blocking entry or exit from such property, or (F) for forty-eight or more hours.

(3) A lending institution may repossess any motor vehicle, in accordance with the provisions of section 36a-785, by contracting with a wrecker licensed under section 14-66 or an entity exempt from such licensure, as provided in subsection (f) of section 14-66, to tow or otherwise remove such motor vehicle in accordance with the provisions of this section and sections 14-145a to 14-145c, inclusive. In the case of a repossession, no signage as described in subdivision (1) of this subsection shall be required.

(4) This section shall not apply to law enforcement, fire-fighting, rescue, ambulance or emergency vehicles which are marked as such, or to motor vehicles left without authorization on property leased by any governmental agency.

(b) (1) (A) When an unauthorized motor vehicle is towed or otherwise removed by a wrecker licensed under section 14-66, or a repossessed motor vehicle is towed or otherwise removed by a wrecker or an exempt entity, the licensee or operator of the wrecker or the exempt entity shall notify the local police department of the tow or removal within two hours. Such notification shall be submitted, in writing, or transmitted by facsimile or electronic mail and the record of such notification shall be retained by such licensee, operator or exempt entity in accordance with the provisions of section 14-66b.

(B) No such licensee, operator or exempt entity may charge a storage fee for an unauthorized or repossessed motor vehicle for the time it is stored prior to notification of the local police department by the licensee, operator or exempt entity. If such motor vehicle is not claimed within forty-eight hours, the licensee or operator of the wrecker or of the garage where such motor vehicle is stored or the exempt entity shall immediately complete a notice of such tow, on a form prescribed by the Commissioner of Motor Vehicles, and mail a copy of such form by certified mail, return receipt requested, to the owner and all lienholders of record. If the motor vehicle is not claimed by its owner within the time period specified in subsection (e) of section 14-150, the licensee or operator of the wrecker or of the garage where such motor vehicle is stored or the exempt entity may dispose of such motor vehicle in accordance with the provisions of subsection (e) and subsections (g) to (j), inclusive, of section 14-150.

(2) (A) When an unauthorized motor vehicle is rendered immovable through use of a wheel-locking device by an owner or lessee of private property or his or her agent, such owner, lessee or agent shall notify the local police department of such action within two hours. Such notification shall be submitted in writing or transmitted by facsimile or electronic mail. The record of such notification shall be retained by such owner, lessee or agent at the private property upon which such action took place, for a period of not less than six months and shall be available for inspection during regular business hours by any sworn member of the local police department or law enforcement officer or inspector designated by the Commissioner of Motor Vehicles.

(B) No owner, lessee or agent may charge a fee to remove a wheel-locking device prior to notification of the local police department. The fee charged to remove a wheel-locking device may not be more than fifty dollars. The person claiming the motor vehicle may choose to pay such fee in cash, by check or by debit or credit card. Ten per cent of such fee shall be remitted to the local police department by the owner, lessee or agent. If such motor vehicle is not claimed within forty-eight hours after being rendered immovable, the owner, lessee or agent shall immediately complete a notice that such motor vehicle has been rendered immovable, on a form prescribed by the commissioner, and mail a copy of such form by certified mail, return receipt requested, to the owner of such motor vehicle and all lienholders of record. If the motor vehicle is not claimed by its owner within the time period specified in subsection (e) of section 14-150, the owner, lessee or agent may dispose of such motor vehicle in accordance with the provisions of subsection (e) and subsections (g) to (j), inclusive, of section 14-150.

(3) The local police department, not later than forty-eight hours after receiving notification of a tow or removal of an unauthorized motor vehicle pursuant to subdivision (1) of this subsection, or use of a wheel-locking device pursuant to subdivision (2) of this subsection, shall enter the vehicle identification number into the National Crime Information Center database and the Connecticut On-Line Law Enforcement Communications Teleprocessing System to determine whether such motor vehicle has been reported as stolen. If such motor vehicle has been reported as stolen, the local police department shall immediately notify the department that reported the vehicle as stolen.

(c) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, (1) specifying the circumstances under which title to any motor vehicle towed or stored, or both, or rendered immovable under this section may be transferred to any person, firm or corporation towing, storing or rendering immovable such vehicle, and (2) establishing the procedure whereby such person, firm or corporation may obtain title to such motor vehicle.

(d) No owner or lessee of private property, or his or her agent, shall issue a parking citation by written warning, posted signage or other means to impose a monetary sanction on an owner of a motor vehicle parked on such property.

[(d)] (e) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined fifty dollars, and, for each subsequent offense, shall be fined not less than fifty dollars and not more than one hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned.

Sec. 2. (NEW) (Effective from passage and applicable to ordinances adopted or in effect on or after said date) (a) Notwithstanding the provisions of section 7-148 of the general statutes, any municipal ordinance that restricts or prohibits any person from parking a motor vehicle overnight upon any street in such municipality for less than thirty days shall be null and void, unless such ordinance meets the requirements of subsection (b) of this section.

(b) An ordinance adopted by a municipality that restricts or prohibits any person from parking a motor vehicle overnight upon any street in such municipality for less than thirty days shall include an exception to permit a homeowner to park such homeowner's motor vehicle overnight on the street in front of the house where such homeowner lives, provided such motor vehicle is registered with the Commissioner of Motor Vehicles and further provided the municipality is required to supply the homeowner with a parking pass, permit, sticker or other means to identify such motor vehicle.

Sec. 3. Section 7-203 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Any municipality may provide parking facilities and may, by ordinance, create a parking authority or designate a parking division for the purposes of creating and establishing off-street parking facilities. A parking authority created under the provisions of this section shall consist of five members, appointed by the chief executive officer of the municipality, not more than three of whom shall be of the same political party. Those first appointed shall be designated to serve for one, two, three, four and five years respectively and thereafter a member shall be appointed annually to serve for five years, except that any vacancy shall be filled for the unexpired portion of the term. Such authority shall select from among its members a chairman and may employ necessary personnel. The members of the authority shall serve without compensation but may be reimbursed for necessary expenses. No action of such authority shall be valid unless authorized by a vote of the majority of its members. Such authority shall maintain proper accounting and financial records and shall make an annual report to the chief executive officer of the municipality.

(b) At any time after a parking authority or parking division has been established pursuant to subsection (a) of this section, the municipality may dissolve such parking authority or parking division by adopting an ordinance repealing the ordinance establishing such parking authority or parking division.

Sec. 4. Subsection (e) of section 14-253a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(e) Vehicles displaying a special license plate or a placard issued pursuant to this section or by authorities of other states or countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons who are blind and persons with disabilities, shall be allowed to park in an area where parking is legally permissible [,] (1) for an unlimited period of time without penalty, notwithstanding the period of time indicated as lawful by any [(1)] (A) parking meter, or [(2)] (B) sign erected and maintained in accordance with the provisions of chapter 249, and (2) free of charge at any parking space reserved for persons who are blind and persons with disabilities, provided the operator of or a passenger in such motor vehicle is a person who is blind or a person with disabilities. A placard shall not be displayed on any motor vehicle when such vehicle is not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom the placard was issued. Vehicles bearing a special license plate shall not utilize parking spaces reserved for persons who are blind and persons with disabilities when such vehicles are not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom such special license plate was issued.

Sec. 5. Subsection (c) of section 14-307 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) No person shall park any vehicle in any place where parking is prohibited or park any vehicle for a longer period than that indicated as lawful by any sign erected and maintained in accordance with the provisions of this chapter, except: (1) A person operating an armored car vehicle may, while in the performance of such person's duties, park for a period not to exceed ten minutes in a place where parking is prohibited, provided such vehicle does not obstruct or impede the normal and reasonable movement of traffic, or (2) a vehicle displaying a special license plate or a removable windshield placard issued pursuant to section 14-253a, as amended by this act, or by authorities of other states or countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities which limit or impair their ability to walk or persons who are blind, may park in an area where parking is legally permissible [,] (A) for an unlimited period of time without penalty, notwithstanding the period of time indicated as lawful by any [(A)] (i) parking meter, or [(B)] (ii) sign erected and maintained in accordance with the provisions of this chapter, and (B) free of charge at any parking space reserved for persons who are blind and persons with disabilities.

Sec. 6. Section 52-557u of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Notwithstanding any provision of the general statutes, a person who enters the passenger motor vehicle of another, including entry by force, to remove a child or animal from the passenger motor vehicle shall have an affirmative defense against any civil damages or criminal penalties resulting from the acts or omissions by such person in removing the child or animal from the passenger motor vehicle, if such person:

(1) Has a reasonable belief, at the time such person enters the passenger motor vehicle, that such entry is necessary to remove the child or animal from imminent danger of serious bodily injury;

(2) Uses no more force than reasonably necessary under the circumstances to enter the passenger motor vehicle to remove the child or animal from imminent danger of serious bodily injury based upon the circumstances known by such person at the time;

(3) Reports the entry and the circumstances surrounding such entry to a law enforcement agency or other public safety agency within a reasonable period of time after entering the passenger motor vehicle; and

(4) Takes reasonable steps to ensure the safety, health and well-being of the child or animal after removing the child or animal from the passenger motor vehicle.

(b) The affirmative defense provided in subsection (a) of this section shall not apply to acts or omissions constituting gross, wilful or wanton negligence.

(c) Nothing in this section shall affect a person's civil liability if the person attempts to render aid to the child or animal in addition to the aid that is authorized under this section.

(d) The provisions of this section are not exclusive, and the affirmative defense shall be in addition to any other defenses or immunities provided by state or federal law or which are available under common law.

(e) As used in this section, "passenger motor vehicle" has the same meaning as provided in section 14-1 and "public safety agency" has the same meaning as provided in section 28-25.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2018	14-145
Sec. 2	from passage and applicable to ordinances adopted or in effect on or after said date	New section
Sec. 3	October 1, 2018	7-203
Sec. 4	October 1, 2018	14-253a(e)
Sec. 5	October 1, 2018	14-307(c)
Sec. 6	October 1, 2018	52-557u

Statement of Purpose:

To (1) prohibit the owner or lessee of private property from issuing parking citations to owners of a motor vehicle parked on such property, (2) make certain municipal ordinances regarding parked motor vehicles null and void, (3) permit a municipality to dissolve a parking authority, (4) permit vehicles displaying a special license plate or removable windshield placard to utilize parking spaces reserved for persons who are blind and persons with disabilities free of charge, and (5) provide legal protections to a person who enters the passenger motor vehicle of another to rescue an animal reasonably believed to be in imminent danger of serious bodily injury.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]