Sec. 7-148h. Ethics commission; establishment and powers. Interest in conflict
with discharge of duties. (a) Any town, city, district, as defined in section 7-324, or
borough may, by charter provision or ordinance, establish a board, commission, council,
committee or other agency to investigate allegations of unethical conduct, corrupting
influence or illegal activities levied against any official, officer or employee of such
town, city, district or borough. The provisions of subsections (a) to (e), inclusive, of
section 1-82a shall apply to allegations before any such agency of such conduct, influence or activities, to an investigation of such allegations conducted prior to a probable
cause finding, and to a finding of probable cause or no probable cause. Any board,
commission, council, committee or other agency established pursuant to this section
may issue subpoenas or subpoenas duces tecum, enforceable upon application to the
Superior Court, to compel the attendance of persons at hearings and the production of
books, documents, records and papers.
(b) Notwithstanding the provisions of any special act, municipal charter or ordinance to the contrary, an elected official of any town, city, district or borough that has
established a board, commission, council, committee or other agency under subsection
(a) of this section, has an interest that is in substantial conflict with the proper discharge
of the official's duties or employment in the public interest and of the official's responsibilities as prescribed by the laws of this state, if the official has reason to believe or
expect that the official, the official's spouse or dependent child, or a business with which
he is associated, as defined in section 1-79, will derive a direct monetary gain or suffer
a direct monetary loss, as the case may be, by reason of the official's official activity.
Any such elected official does not have an interest that is in substantial conflict with
the proper discharge of the official's duties in the public interest and of the official's
responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues
to the official, the official's spouse or dependent child, or a business with which he, his
spouse or such dependent child is associated as a member of a profession, occupation
or group to no greater extent than to any other member of such profession, occupation
or group. Any such elected official who has a substantial conflict may not take official
action on the matter.
(P.A. 79-618, S. 3; P.A. 89-229, S. 2, 4; June 12 Sp. Sess. P.A. 91-1, S. 19; P.A. 00-92, S. 13.)
History: P.A. 89-229 specified the circumstances under which the provisions of Subsecs. (a) to (e), inclusive, of Sec.
1-82a are to apply; June 12 Sp. Sess. P.A. 91-1 added Subsec. (b) re conflicts of interest; P.A. 00-92 applied provisions to
a "district, as defined in section 7-324", substituted "official" for "municipal official", substituted "that" for "which", and
made technical changes for the purpose of gender neutrality.
Cited. 180 C. 243, 251.
Sec. 7-148i. Discriminatory practices defined. Boards authorized. Any town,
city or borough, by charter or ordinance, may adopt a code of prohibited discriminatory
practices and may establish or designate a board, commission, council, committee or
other agency to investigate any allegation of discriminatory practice. For the purposes
of sections 7-148i to 7-148n, inclusive, and subparagraph (B) of subdivision (9) of
subsection (c) of section 7-148, "discriminatory practice" means a violation of section
46a-58, 46a-59, 46a-60, 46a-64, 46a-64c or 46a-66.
(P.A. 80-403, S. 1, 10; P.A. 81-472, S. 4, 159; P.A. 86-403, S. 11, 132; P.A. 92-257, S. 7.)
History: P.A. 81-472 made technical changes; P.A. 86-403 made technical changes; P.A. 92-257 added reference to
Sec. 46a-64c.
Cited. 183 C. 495, 501, 502.
Sec. 7-148j. Powers of boards. Any board, commission, council, committee or
other agency established or designated pursuant to sections 7-148i to 7-148n, inclusive,
and subparagraph (B) of subdivision (9) of subsection (c) of section 7-148, may be given
the following powers: (1) The power to issue subpoenas or subpoenas duces tecum,
enforceable upon application to the Superior Court, to compel the attendance of persons
at hearings and the production of books, documents, records and papers; (2) the power to
issue written interrogatories and require written answers under oath thereto, enforceable
upon application to the Superior Court; (3) the power to hold hearings relating to any
allegation of discriminatory practice which it has found reasonable cause to believe has
occurred and to issue any appropriate orders including those authorized by section 46a-86; and (4) the power to petition the Superior Court for enforcement of any order issued
by it upon a finding that a violation of the local code of prohibited discriminatory practices has occurred, including the power to petition the Superior Court for temporary
injunctive relief upon a finding that irreparable harm to the complainant will otherwise
occur or for any other relief authorized by sections 46a-89 and 46a-90a.
(P.A. 80-403, S. 2, 10; P.A. 86-403, S. 12, 132; P.A. 94-163.)
History: P.A. 86-403 made technical changes; P.A. 94-163 authorized boards to issue orders under Sec. 46a-86 and to
petition superior court for relief under Secs. 46a-89 and 46a-90a.
Cited. 183 C. 495, 501.
Sec. 7-148k. Complaints. Hearings. Any complaint filed pursuant to sections 7-148i to 7-148n, inclusive, and subparagraph (B) of subdivision (9) of subsection (c) of
section 7-148 shall be made under oath. No finding of a violation of a local code of
prohibited discriminatory practices shall be made except after a hearing. The respondent
at any such hearing shall be given reasonable advance written notice of the hearing,
shall be entitled to be represented by counsel, and shall be permitted to testify and present
and cross-examine witnesses. The decision resulting from the hearing shall be in writing
and shall include written findings of the facts upon which the decision is based.
(P.A. 80-403, S. 3, 10; P.A. 86-403, S. 13, 132.)
History: P.A. 86-403 made technical changes.
Cited. 183 C. 495, 501, 502.
Sec. 7-148l. Appeals. Any person aggrieved by any order of the board, commission, council, committee or other agency established or designated pursuant to sections
7-148i to 7-148n, inclusive, and subparagraph (B) of subdivision (9) of subsection (c)
of section 7-148 may appeal to the State Commission on Human Rights and Opportunities. Any such appeal shall be filed within thirty days of the mailing of the written
decision.
(P.A. 80-403, S. 4, 10; P.A. 86-403, S. 14, 132.)
History: P.A. 86-403 made technical changes.
Cited. 183 C. 495, 501.
Sec. 7-148m. Actions of State Commission on Human Rights and Opportunities to supersede local action. Any action by the State Commission on Human Rights
and Opportunities which involves the same parties and subject matter as an action filed
with a local commission on equal rights and opportunities shall supersede the action
brought with the local commission, except that the State Commission on Human Rights
and Opportunities may admit into evidence the results of any investigation of a complaint
filed with the local commission, or the decision entered on such a complaint by the local
commission, and accord to such investigation or such decision the weight that may be
appropriate under the facts and circumstances of the case.
(P.A. 80-403, S. 5, 10.)
Cited. 183 C. 495, 501, 502.
Sec. 7-148n. Local boards may assume powers to investigate discriminatory
practices. Any board, commission, council, committee or other agency which has been
established or designated to investigate allegations of discriminatory practices by the
charter or an ordinance of any town, city or borough prior to May 23, 1980, may assume
the powers granted to such agencies under sections 7-148i to 7-148n, inclusive, and
subparagraph (B) of subdivision (9) of subsection (c) of section 7-148 if the charter or
ordinance creating or designating such agency is not in conflict with the provisions of
sections 7-148i to 7-148n, inclusive, and subparagraph (B) of subdivision (9) of subsection (c) of section 7-148.
(P.A. 80-403, S. 6, 10; P.A. 86-403, S. 15, 132.)
History: P.A. 86-403 made technical changes.
Cited. 183 C. 495, 501, 502.
Secs. 7-148o and 7-148p. Reserved for future use.
Sec. 7-148q. Establishment of corporation to manufacture, distribute, purchase or sell compressed natural gas. (a) Any municipality that maintains an electric
or gas utility may establish a corporation under chapter 601 for the purposes of engaging
in the manufacture, distribution, purchase or sale, or any combination thereof, of compressed natural gas, for the sole purpose of providing compressed natural gas to vehicles
or construction equipment, within or outside of its franchise area. The costs and expenses
associated with such sales of compressed natural gas shall be exclusive of the costs and
expenses associated with the establishment of rates and charges for gas and electricity
pursuant to section 7-222.
(b) Any such municipality may exercise the authority provided for in subsection
(a) of this section notwithstanding the provisions of any special act, municipal charter
or home rule ordinance, upon approval of its chief executive officer and by adoption of
an ordinance approved by a two-thirds vote of its city council.
(P.A. 99-286, S. 17, 19.)
History: P.A. 99-286 effective July 19, 1999.
Sec. 7-148r. Municipal fee for access to computer-assisted mass appraisal system database. Any municipality may by ordinance impose a reasonable fee for public
access to its computer database developed pursuant to section 12-62f for the purpose
of revaluation.
(P.A. 95-283, S. 5, 68.)
History: P.A. 95-283, S. 5 effective July 6, 1995.
Sec. 7-148s. Municipal fee for use of geographic information system. Any municipality may by ordinance impose a reasonable fee for the use of its geographic information system.
(P.A. 91-249.)
Sec. 7-148t. Conflict of interest for members of land use and purchasing commissions and boards. Notwithstanding the provisions of any special act or municipal
charter and in addition to any provisions of sections 8-11, 8-21 and subsection (c) of
section 22a-42, no member of any municipal commission or board having any jurisdiction or exercising any power over any municipal land use or purchasing decisions shall
appear for or represent any person, firm, corporation or other entity in any matter pending
before the commission or board. No member of any such commission or board shall
participate in any hearing or decision of the board or commission of which he is a
member upon any matter in which he knowingly has a pecuniary interest. In the event
of such disqualification, such fact shall be entered on the records of the commission or
board and any municipality may, by ordinance, provide that an elector may be chosen,
in a manner specified in the ordinance, to act as a member of such commission or board
in the hearing and determination of such matter, except that replacement shall be made
first from alternate members of such commission or board designated pursuant to the
general statutes or any special act or municipal charter or ordinance, if any.
(P.A. 83-540.)
Sec. 7-148u. Municipal set-aside program for small contractors and minority
business enterprises. (a) As used in this section:
(1) "Small contractor" means any contractor, subcontractor, manufacturer or service company (A) which has been doing business and has maintained its principal place
of business in the state for a period of at least one year prior to the date of application
for certification under this section, (B) which had gross revenues not exceeding three
million dollars in the most recently completed fiscal year prior to such application and
(C) at least fifty-one per cent of the ownership of which is held by a person or persons
who are active in the daily affairs of the business and have the power to direct the
management and policies of the business.
(2) "Minority business enterprise" means any small contractor (A) fifty-one per
cent or more of the capital stock, if any, or assets of which are owned by a person or
persons (i) who are active in the daily affairs of the enterprise, (ii) who have the power
to direct the management and policies of the enterprise, and (iii) who are members of
a minority, as such term is defined in subsection (a) of section 32-9n or (B) who is an
individual with a disability.
(3) "Individual with a disability" means an individual (A) having a physical impairment that substantially limits one or more of the major life activities of the individual
or (B) having a record of such an impairment.
(b) Notwithstanding any provision of the general statutes or of any special act or
any municipal charter or home rule ordinance, a municipality may, by ordinance, set
aside in each fiscal year, for award to small contractors, on the basis of a competitive
bidding procedure, municipal contracts or portions of municipal contracts for the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and the purchase of goods and services. The total value of such
contracts or portions thereof to be set aside shall be not more than twenty-five per cent
of the average of the total value of all such contracts let by the municipality for each of
the previous three fiscal years, provided a contract that may not be set aside due to a
conflict with a federal law or regulation shall not be included in the calculation of such
average. Contracts or portions thereof having a value of not less than twenty-five per
cent of the total value of all contracts or portions thereof to be set aside shall be reserved
for awards to minority business enterprises.
(P.A. 83-390, S. 3; P.A. 92-189, S. 1.)
History: P.A. 92-189 amended Subsec. (a) by setting forth definitions of "small contractor" and "minority business
enterprise" instead of construing the terms as defined in Sec. 32-9e and by adding definition of "individual with a disability".
Sec. 7-148v. Requirements for competitive bidding. Notwithstanding the provisions of any municipal charter or any special act to the contrary, any municipality may,
by ordinance, establish requirements for competitive bidding for the award of any contract or the purchase of any real or personal property by the municipality. Such ordinance
may provide that, except as otherwise required by any provision of the general statutes,
sealed bidding shall not be required for contracts or purchases having a value less than
or equal to an amount established in the ordinance, which amount shall not be greater
than seven thousand five hundred dollars. Nothing in this section shall be deemed to
invalidate any ordinance enacted by a municipality prior to October 1, 1989.
(P.A. 89-136.)
Sec. 7-148w. Disqualification of contractors from bidding on municipal contracts. (a) As used in this section, the term "contractor" means any person, firm or
corporation which has contracted or seeks to contract with a municipality, or to participate in such a contract, in connection with any public works of the municipality, including professional consultants.
(b) Notwithstanding the provisions of any municipal charter, special act or home
rule ordinance a municipality may, by ordinance of its legislative body, establish a
process for disqualification of any contractor, for up to two years, from bidding on,
applying for, or participating as a subcontractor under, contracts with the municipality
for one or more causes set forth under subsection (c) of this section. Such ordinance
shall establish procedures for disqualification which shall include notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing
shall be conducted in accordance with the procedures for hearings on contested cases
established in chapter 54. The hearing officer shall issue a written decision within ninety
days of the last date of such hearing and state in the decision the reasons for the action
taken and, if the contractor is being disqualified, the period of such disqualification.
The existence of a cause for disqualification shall not be the sole factor to be considered
in determining whether the contractor shall be disqualified. In determining whether to
disqualify a contractor, the hearing officer shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The hearing officer shall send the
decision to the contractor by certified mail, return receipt requested.
(c) The ordinance shall provide that causes for disqualification from bidding on,
applying for or participating in, contracts shall include the following:
(1) Conviction or entry of a plea of guilty or nolo contendere for or admission to
commission of a criminal offense as an incident to obtaining or attempting to obtain a
public or private contract or subcontract, or in the performance of such contract or
subcontract;
(2) Conviction or entry of a plea of guilty or nolo contendere or admission to the
violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a
lack of business integrity or business honesty which affects responsibility as a municipal
contractor;
(3) Conviction or entry of a plea of guilty or nolo contendere or admission to a
violation of any state or federal antitrust, collusion or conspiracy law arising out of the
submission of bids or proposals on a public or private contract or subcontract;
(4) A wilful failure to perform in accordance with the terms of one or more public
contracts, agreements or transactions;
(5) A history of failure to perform or of unsatisfactory performance of one or more
public contracts, agreements or transactions; or
(6) A wilful violation of a statutory or regulatory provision or requirement applicable to a public contract, agreement or transaction.
(d) For purposes of a disqualification proceeding under an ordinance adopted under
this section, conduct may be imputed as follows:
(1) The fraudulent, criminal or other seriously improper conduct of any officer,
director, shareholder, partner, employee or other individual associated with a contractor
may be imputed to the contractor when the conduct occurred in connection with the
individual's performance of duties for or on behalf of the contractor and the contractor
knew of or had reason to know of such conduct. The term "other seriously improper
conduct" does not include advice from an attorney, accountant or other paid consultant
if it was reasonable for the contractor to rely on such advice.
(2) The fraudulent, criminal or other seriously improper conduct of a contractor may
be imputed to any officer, director, shareholder, partner, employee or other individual
associated with the contractor who participated in, knew of or had reason to know of
the contractor's conduct.
(3) The fraudulent, criminal or other seriously improper conduct of one contractor
participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar
arrangement and these contractors knew of or had reason to know of such conduct.
(e) The municipality may reduce the period or extent of disqualification, upon the
contractor's request, supported by documentation, for the following reasons:
(1) Newly discovered material evidence;
(2) Reversal of the conviction upon which the disqualification was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the disqualification was imposed; or
(5) Other reasons the municipality deems appropriate.
(f) The municipality may grant an exception permitting a disqualified contractor to
participate in a particular contract or subcontract upon a written determination by the
head of the contract awarding agency that there is good cause, in the interest of the
public, for such action.
(P.A. 95-353, S. 5, 7.)
History: P.A. 95-353, S. 5, effective July 1, 1995.
Secs. 7-148x to 7-148z. Reserved for future use.
Sec. 7-148aa. Lien on real estate where fine for violation of blight ordinance
is unpaid. Any unpaid fine imposed by a municipality pursuant to the provisions of an
ordinance regulating blight, adopted pursuant to subparagraph (H)(xv) of subdivision
(7) of subsection (c) of section 7-148 shall constitute a lien upon the real estate against
which the fine was imposed from the date of such fine. Each such lien may be continued,
recorded and released in the manner provided by the general statutes for continuing,
recording and releasing property tax liens. Each such lien shall take precedence over
all other liens filed after July 1, 1997, and encumbrances except taxes and may be
enforced in the same manner as property tax liens.
(P.A. 97-320, S. 3, 11.)
History: P.A. 97-320 effective July 1, 1997.
Sec. 7-148bb. Agreement between municipalities to share revenue received
for payment of property taxes. Notwithstanding any provision of the general statutes
or any special act, municipal charter or home rule ordinance, the chief elected officials
of two or more municipalities may initiate a process for such municipalities to enter
into an agreement to share revenues received for payment of real and personal property
taxes. The agreement shall be prepared pursuant to negotiations and shall contain all
provisions on which there is mutual agreement between the municipalities, including,
but not limited to, specification of the tax revenues to be shared, collection and uses of
such shared revenue. The agreement shall establish procedures for amendment, termination and withdrawal. The negotiations shall include an opportunity for public participation. The agreement shall be approved by each municipality that is a party to the
agreement by resolution of the legislative body. As used in this section "legislative
body" means the council, commission, board, body or town meeting, by whatever name
it may be known, having or exercising the general legislative powers and functions of
a municipality and "municipality" means any town, city or borough, consolidated town
and city or consolidated town and borough.
(P.A. 00-85, S. 1, 2.)
History: P.A. 00-85 effective July 1, 2000.
Sec. 7-148cc. Joint performance of municipal functions. Two or more municipalities may jointly perform any function that each municipality may perform separately
under any provisions of the general statutes or of any special act, charter or home rule
ordinance. Each participating municipality shall approve any agreement entered into
pursuant to this section in the same manner as an ordinance is approved in such participating municipality or, if no ordinances are approved by such participating municipality, in
the same manner as the budget is approved. The terms of each agreement shall establish a
process for withdrawal from such agreement and shall require that the agreement be
reviewed at least once every five years by the body that approved the agreement to
assess the effectiveness of such agreement in enhancing the performance of the function
that is the subject of the agreement. As used in this section, "municipality" means any
municipality, as defined in section 7-187, or any district, as defined in section 7-324,
located within the state of Connecticut.
(P.A. 01-117, S. 1, 2.)
History: P.A. 01-117 effective July 1, 2001.
Sec. 7-148dd. Municipal fiscal disparities. List. Recommendations to address
problems of municipalities on list. (a) As used in this section:
(1) "Secretary" means the Secretary of the Office of Policy and Management;
(2) "Municipality" means any town, city or borough, consolidated town and city
or consolidated town and borough;
(3) "Population" for each municipality means the number of people according to
the most recent estimate of the Department of Public Health;
(4) "Adjusted equalized net grand list per capita" means the most recent adjusted
equalized net grand list per capita determined for each municipality pursuant to section
10-261;
(5) "Equalized mill rate" means the tax rate derived from the most recent available
grand levy of a municipality divided by the equalized net grand list on which such levy
is based as determined by the secretary in accordance with section 10-261a;
(6) "Grand levy" means the mill rate of the municipality multiplied by the net taxable
grand list of the municipality and includes the value of special service districts if such
districts contain fifty per cent or more of the value of total taxable property within the
municipality; and
(7) "Region" means a planning region designated or redesignated by the secretary
pursuant to section 16a-4a.
(b) On or before September 15, 2001, and annually thereafter, the secretary shall
submit to the Governor a list of municipalities that have (1) an equalized mill rate that
is fifty per cent more than the average equalized mill rate of the region in which the
municipality is located; (2) an adjusted equalized net grand list per capita that is forty
per cent less than the average adjusted equalized net grand list per capita of the region
in which the municipality is located; (3) a median household income which is thirty
per cent less than the average median household income of the region in which the
municipality is located; and (4) a decrease in population in the year of the latest equalized
mill rate from the average population of the previous five years.
(c) Within thirty days of submission of the list prepared pursuant to subsection (b)
of this section, the Governor shall convene a meeting of the chief elected officials in
each region in which a municipality identified on the list is located. If any such municipality does not have a chief elected official, a member of its legislative body shall be
chosen by a majority vote of such body to represent the municipality at the meeting.
The member of the legislative body chosen under this section shall be deemed to be the
chief elected official of such municipality for the purposes of the meeting. The Governor
shall provide notice of such meeting to each chief elected official by certified mail,
return receipt requested. Each chief elected official receiving a notice under this section
shall participate in the process set forth in this section.
(d) On or before December thirty-first in the year of identification of a municipality
under subsection (b) of this section, the chief elected officials shall submit to the Governor and the joint standing committee of the General Assembly having cognizance of
matters relating to local government recommendations to address the problems of the
municipality, including intertown collaboration and action. On or before December
thirty-first in the second year after identification, the Secretary of the Office of Policy
and Management, in consultation with the chief elected officials, shall prepare a specific
implementation strategy that addresses the fiscal capacity of the municipality. Thereafter, the plan shall be revised annually until the municipality no longer meets the qualifying standards of subsection (b) of this section.
(e) The Secretary of the Office of Policy and Management, within available funds,
shall provide necessary staff and resources to assist municipalities in preparing the recommendations and in implementing the strategy required under subsection (d) of this
section.
(P.A. 01-158, S. 1, 2.)
History: P.A. 01-158 effective July 1, 2001.
Sec. 7-148ee. Establishment of corporation to manufacture, distribute, purchase or sell electricity, gas or water. (a) Any municipality that maintains an electric
or gas utility may establish a corporation under chapter 601 for the purposes of engaging
in the manufacture, distribution, purchase or sale, or any combination thereof, of electricity, gas or water for the sole purpose of providing electricity, gas or water within its
franchise area, provided such franchise area does not encroach upon the service area or
franchise area of another water or gas utility.
(b) Any such municipality may exercise the authority provided for in subsection
(a) of this section notwithstanding the provisions of any special act, municipal charter
or home rule ordinance, upon approval of its chief executive officer and by adoption of
an ordinance approved by a two-thirds vote of its legislative body of the municipality
or the board of selectmen or city or town council, in the case of a municipality in which
the legislative body is a town meeting.
(c) No corporation established pursuant to subsection (a) of this section shall engage
in the manufacture, distribution, purchase or sale, or any combination thereof, of electricity, gas or water outside the service area of such municipal electric or gas utility or
within its service area if it encroaches upon the service area or franchise area of another
water or gas utility. Nothing in this section shall be construed to permit any municipal
electric utility to engage in the sale or aggregation of electric generation services other
than pursuant to section 16-245.
(P.A. 01-112.)
See chapter 101 (Sec. 7-213 et seq.) re municipal gas and electric plants.
See chapter 102 (Sec. 7-234 et seq.) re municipal waterworks systems.
Sec. 7-149. Regulation of waste disposal in highways. Section 7-149 is repealed.
(1949 Rev., S. 625; 1957, P.A. 13, S. 9; 1959, P.A. 449, S. 1; P.A. 82-327, S. 12.)
See Sec. 7-148.
Sec. 7-149a. Designation of scenic roads. Appeal. Maintenance of highway.
(a) Any town, city or borough may, by ordinance, designate highways or portions of
highways as scenic roads and may regulate future alterations and improvements on such
designated scenic roads, including, but not limited to, widening of the right-of-way or
of the traveled portion of the highway, paving, changes of grade, straightening, removal
of stone walls and removal of mature trees. No state highway or portion thereof may
be designated as a scenic road under the provisions of this section.
(b) The power to designate such scenic roads may be delegated by ordinance to a
planning commission or a combined planning and zoning commission. The ordinance
shall prescribe the standards and procedures to be used to determine which highways
or portions of highways shall be designated as scenic roads, except that to be designated
as a scenic road, a highway or portion of a highway must be free of intensive commercial
development and intensive vehicular traffic and must meet at least one of the following
criteria: (1) It is unpaved; (2) it is bordered by mature trees or stone walls; (3) the traveled
portion is no more than twenty feet in width; (4) it offers scenic views; (5) it blends
naturally into the surrounding terrain, or (6) it parallels or crosses over brooks, streams,
lakes or ponds.
(c) No highway or portion of a highway may be designated as a scenic road under
this section unless the owners of a majority of lot frontage abutting the highway or
portion of the highway agree to the designation by filing a written statement of approval
with the town clerk of such town. The scenic road designation may be rescinded by the
same designating authority, using the same procedures and having the written concurrence of the owners of a majority of lot frontage abutting the highway or portion of the
highway.
(d) Any person aggrieved by a designation of a highway or portion of a highway
as a scenic road pursuant to this section by a planning commission or a combined planning and zoning commission may appeal such designation in the manner and utilizing
the same standards of review provided for appeals from the decisions of planning commissions under section 8-8.
(e) Any highway or portion of any highway designated as a scenic road shall be
maintained by the town, city or borough in good and sufficient repair and in passable
condition. Nothing in this section shall be deemed to prohibit a person owning or occupying land abutting a scenic road from maintaining and repairing the land which abuts
the scenic road if the maintenance or repair occurs on land not within the right-of-way,
paved or unpaved, of the scenic road.
(P.A. 81-401, S. 1, 4; P.A. 89-356, S. 3.)
History: P.A. 89-356 amended Subsec. (d) to replace reference to Sec. 8-28 with Sec. 8-8.
Secs. 7-150 and 7-151. Regulation of plumbing and drainage. Regulation of
operation of motor boats. Sections 7-150 and 7-151 are repealed.
(1949 Rev., S. 634, 707; 1957, P.A. 13, S. 12, 24; 1961, P.A. 520, S. 20; P.A. 82-327, S. 12.)
See Sec. 7-148, chapter 268.
Sec. 7-151a. Establishment of lake authorities. Withdrawal of town. (a) As
used in this section, "state waters" means all waters within the territorial limits of the
state except navigable waters of the United States. Any two or more towns which have
within their territorial limits a body of state water may establish by ordinance a lake
authority. Said authority shall act as agent for the member towns in cooperating with
the Commissioner of Environmental Protection in the enforcement of the boating laws
on such water.
(b) Notwithstanding the provisions of section 7-330, such authority shall be composed of at least three delegates from each member town whose term of office and
method of selection shall be determined by the towns establishing the authority provided
each member town may appoint up to four delegates to the authority. Each town shall
pay to the authority its respective share of the expenses of the commission prorated on
the basis of its linear footage of shore line or any other formula agreed on and adopted
by a majority of the legislative bodies of all member towns. Any member town may,
by ordinance, withdraw from such authority, effective upon the mailing of written notice
of such withdrawal to the authority. Each withdrawing town shall be liable for its share
of expenses incurred prior to the effective date of such notice. Upon the withdrawal of
any town or towns, the authority shall remain in force insofar as the remaining town or
towns are concerned, but the jurisdiction of the authority shall be reduced to that portion
of said body of state water lying within the boundaries of such remaining town or towns.
In the event of such a withdrawal, the portion of such body of state water lying within
the town or towns withdrawing from the authority shall revert to the status existing prior
to the adoption of the authority.
(c) In addition to the power granted in subsection (a) a lake authority may be granted
by the legislative bodies of its respective towns powers to: (1) Control and abate algae
and aquatic weeds in cooperation with the Commissioner of Environmental Protection;
(2) study water management including, but not limited to, water depth and circulation
and make recommendations for action to its member towns; (3) act as agent for member
towns with respect to filing applications for grants and reimbursements with the Department of Environmental Protection and other state agencies in connection with state and
federal programs; and (4) to act as agent for member towns with respect to receiving
gifts for any of its purposes.
(d) A lake authority shall have no jurisdiction in any matters subject to regulation
by the Commissioner of Environmental Protection.
(e) Each member town of any lake authority shall protect and save harmless such
town's delegates to such lake authority from financial loss and expense, including legal
fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of
alleged negligence on the part of such delegate while acting in the discharge of his duties
as such delegate. Each such member town may insure against the liability imposed by
this subsection in any insurance company organized in this state or in any insurance
company of another state authorized to write such insurance in this state or may elect
to act as self- insurer of such liability.
(1967, P.A. 682, S. 1-3; 1969, P.A. 416; 1971, P.A. 29, S. 1, 2; P.A. 73-241, S. 1-3; P.A. 75-408, S. 2; P.A. 76-435,
S. 35, 82; P.A. 88-364, S. 74, 123; P.A. 93-238, S. 4.)
History: 1969 act added Subsecs. (c) and (d) re additional powers of lake authorities and ban on jurisdiction in matters
subject to state fisheries and game board; 1971 act permitted formulas other than linear footage for basis of expense
apportionment in Subsec. (b) and in Subsec. (c) added power to act as agent for towns in applications to various state
agencies; P.A. 73-241 required agreement by majority of member towns re alternate formulas of expense apportionment
in Subsec. (b) and added power to act as agent for towns in receiving gifts under Subsec. (c); P.A. 75-408 added Subsec.
(e) re indemnification of lake authority delegates; P.A. 76-435 replaced state boating commission, water resources commission and board of fisheries and game with commissioner of environmental protection, pursuant to 1971, P.A. 872; P.A.
88-364 deleted reference to Secs. 22a-338 and 22a-339 from Subsec. (c); P.A. 93-238 amended Subsec. (b) to authorize
an additional member for municipal delegations to the authorities.
Sec. 7-151b. Appointment of lake patrolmen. Requirements for carrying a
firearm or baton by lake patrolmen. Liability. Training courses. (a) The Commissioner of Environmental Protection may appoint lake patrolmen to enforce any boating
laws delegated by said commissioner. Any such lake patrolman may carry a firearm or
baton, or both, only upon completion of a basic police training course defined in section
7-294a or a firearms safety course offered by the Department of Environmental Protection. Such lake patrolmen shall not be construed to be state employees and compensation
therefore shall be paid by the municipality or lake authority responsible for the lake.
Such lake patrolmen may use their own vessels to enforce the provisions of this section,
provided the state shall not be liable for any damage caused by a lake patrolman using
such vessel in the course of such lake patrolman's duties. A municipality employing
lake patrolmen shall assume liability for damage caused by such patrolmen pursuant
to section 7-465. A lake authority may protect and save harmless any lake patrolman
employed by the authority from financial loss and expense, including legal fees and
costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged
negligence on the part of such lake patrolman while acting in the scope of such lake
patrolman's employment.
(b) The Commissioner of Environmental Protection shall formulate training courses
for lake patrolmen appointed pursuant to this section.
(P.A. 88-98, S. 5, 6; P.A. 01-204, S. 27; June Sp. Sess. P.A. 01-9, S. 73, 131.)
History: P.A. 01-204 amended Subsec. (a) by adding provision to allow a lake patrolman to carry a baton and by making
technical changes, including changes for purposes of gender neutrality; June Sp. Sess. P.A. 01-9 changed effective date
of P.A. 01-204 from October 1, 2001, to July 11, 2001, effective July 1, 2001.
Secs. 7-152 and 7-152a. Keeping of snakes. Municipal garden program; ordinance establishing; indemnification of municipality. Sections 7-152 and 7-152a are
repealed.
(1951, S. 278d; P.A. 75-497, S. 3, 4; P.A. 82-327, S. 12.)
See Sec. 7-148.
Sec. 7-152b. Hearing procedure for parking violations. (a) Any town, city or
borough may establish by ordinance a parking violation hearing procedure in accordance
with this section. The Superior Court shall be authorized to enforce the assessments and
judgments provided for under this section.
(b) The chief executive officer of the town, city or borough shall appoint one or
more parking violation hearing officers, other than policemen or persons who issue
parking tickets or work in the police department, to conduct the hearings authorized by
this section.
(c) A town, city or borough may, at any time within two years from the expiration
of the final period for the uncontested payment of fines, penalties, costs or fees for any
alleged violation under any ordinance adopted pursuant to section 7-148 or sections 14-305 to 14-308, inclusive, send notice to the motor vehicle operator, if known, or the
registered owner of the motor vehicle by first class mail at his address according to the
registration records of the Department of Motor Vehicles. Such notice shall inform the
operator or owner: (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 parking violations
hearing officer by delivering in person or by mail written notice within ten days of the
date thereof; (3) that if he does not demand such a hearing, an assessment and judgment
shall enter against him; and (4) that such judgment may issue without further notice.
Whenever a violation of such an ordinance occurs, proof of the registration number of
the motor vehicle involved shall be prima facie evidence in all proceedings provided
for in this section that the owner of such vehicle was the operator thereof; provided, the
liability of a lessee under section 14-107 shall apply.
(d) If the person who is sent notice pursuant to subsection (c) wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount
of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the town, city or borough. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making
the payment. Any person who does not deliver or mail written demand for a hearing
within ten days of the date of the first notice provided for in subsection (c) shall be
deemed to have admitted liability, and the designated town 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 (f) of this section.
(e) Any person who requests a hearing shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less than fifteen days nor
more than thirty days from the date of the mailing of notice, provided the hearing officer
shall grant upon good cause shown any reasonable request by any interested party for
postponement or continuance. An original or certified copy of the initial notice of violation issued by a policeman or other issuing officer shall be filed and retained by the
town, city or borough, be deemed to be a business record within the scope of section
52-180 and be evidence of the facts contained therein. The presence of the policeman
or issuing officer shall be required at the hearing if such person so requests. A person
wishing to contest his liability shall appear at the hearing and may present evidence in
his behalf. A designated town official, other than the hearing officer, may present evidence on behalf of the town. If such person fails to appear, the hearing officer may enter
an assessment by default against him upon a finding of proper notice and liability under
the applicable statutes or ordinances. The hearing officer may accept from such person
copies of police reports, Department of Motor Vehicles documents 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 and
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 that town, city or
borough.
(f) If such assessment is not paid on the date of its 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 thirty days or more than twelve 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 eight dollars. 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 judgment, in the amount of such record
of assessment and court costs of eight dollars, against such person in favor of the town,
city or borough. Notwithstanding any provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money
judgment and a levy of execution on such judgment may issue without further notice
to such person.
(g) 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 thirty
days of the mailing of notice of such assessment by filing a petition to reopen assessment,
together with an entry fee in an amount equal to the entry fee for a small claims case
pursuant to section 52-259, at the 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.
(P.A. 81-438; P.A. 84-107; P.A. 00-191, S. 3; P.A. 02-132, S. 62; P.A. 03-278, S. 12.)
History: P.A. 84-107 extended the period for notification of hearing from twelve months to two years; (Revisor's
note: In 1997 references throughout the general statutes to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s)
Department" were replaced editorially by the Revisors with "Commissioner of Motor Vehicles" or "Department of Motor
Vehicles", as the case may be, for consistency with customary statutory usage); P.A. 00-191 amended Subsec. (f) by
changing provision that copy of notice of assessment be filed with clerk of superior court facility designated by the Chief
Court Administrator within boundaries of judicial district instead of superior court for the geographical area; P.A. 02-132
amended Subsec. (f) by deleting "within the boundaries of the judicial district in which the town, city or borough is located"
and making a technical change and amended Subsec. (g) by replacing "in the superior court for the geographical area in
which the town, city or borough is located" with "at the superior court facility designated by the Chief Court Administrator";
P.A. 03-278 made a technical change in Subsec. (f), effective July 9, 2003.
Sec. 7-152c. Hearing procedure for citations. (a) Any municipality as defined
in subsection (a) of section 7-148 may establish by ordinance a citation hearing procedure in accordance with this section. The Superior Court shall be authorized to enforce
the assessments and judgments provided for under this section.
(b) The chief executive officer of any such municipality shall appoint one or more
citation hearing officers, other than police officers or employees or persons who issue
citations, to conduct the hearings authorized by this section.
(c) Any such municipality, at any time within twelve 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 section 7-148 or section 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 ten days of the
date thereof; (3) that if he does not demand such a hearing, an assessment and judgment
shall be entered against him; and (4) that such judgment may issue without further notice.
(d) If the person who is sent notice pursuant to subsection (c) of this section wishes
to admit liability for any alleged violation, he may, without requesting a hearing, pay
the full amount of the fines, penalties, costs or fees admitted to in person or by mail to
an official designated by such municipality. Such payment shall be inadmissible in any
proceeding, civil or criminal, to establish the conduct of such person or other person
making the payment. Any person who does not deliver or mail written demand for a
hearing within ten days of the date of the first notice provided for in subsection (c) 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 (f)
of this section.
(e) Any person who requests a hearing shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less than fifteen days nor
more than thirty days from the date of the mailing of notice, provided the hearing officer
shall grant upon good cause shown any reasonable request by any 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 section 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 so requests. A person wishing
to contest his liability shall appear at the hearing and may present evidence in his behalf.
A designated municipal official, other than the hearing officer, 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 a finding of proper notice and liability
under the applicable statutes or 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 and
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.
(f) If such assessment is not paid on the date of its 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 thirty days or more than twelve 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 eight dollars. 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 judgment, in the amount of such record
of assessment and court costs of eight dollars, 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 judgment, shall have the effect of a civil money judgment
and a levy of execution on such judgment may issue without further notice to such
person.
(g) 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 thirty
days of the mailing of notice of such assessment by filing a petition to reopen assessment,
together with an entry fee in an amount equal to the entry fee for a small claims case
pursuant to section 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.
(P.A. 88-221, S. 2; P.A. 94-200, S. 2; P.A. 00-191, S. 4, 16; P.A. 02-132, S. 63; P.A. 03-278, S. 13.)
History: P.A. 94-200 amended Subsec. (c) to include enforcement of ordinances adopted under Sec. 22a-226d; P.A.
00-191 amended Subsec. (f) by changing provision that copy of notice of assessment be filed with clerk of superior court
facility designated by the Chief Court Administrator within boundaries of judicial district instead of superior court for the
geographical area, effective September 1, 2000; P.A. 02-132 amended Subsec. (f) by deleting "within the boundaries of
the judicial district in which the municipality is located" and making a technical change and amended Subsec. (g) by
replacing "in the superior court for the geographical area in which the municipality is located" with "at a superior court
facility designated by the Chief Court Administrator"; P.A. 03-278 made a technical change in Subsec. (f), effective July
9, 2003.
Sec. 7-152d. Civil penalty for illegal disposal of solid waste at municipal landfill. Notwithstanding the provisions of section 51-164p, any municipality may by ordinance establish a civil penalty for the illegal disposal of solid waste at a landfill operated
by the municipality, provided the amount of such civil penalty shall be not more than
one thousand dollars for the first violation, not more than two thousand dollars for the
second violation and not more than three thousand dollars for any subsequent violation.
Any person who is assessed a civil penalty pursuant to this section may appeal therefrom
to the Superior Court in the manner provided in subsection (g) of section 7-152b.
(P.A. 90-216.)
Secs. 7-153 to 7-156. Regulation of sewerage facilities. Towns may make ordinances concerning matters not covered by statute and fix penalty. Loitering of
children; public markets. Sections 7-153 to 7-156, inclusive, are repealed.
(1949 Rev., S. 623, 636, 643, 4147; 1953, S. 2130d; 1957, P.A. 13, S. 13, 88; 1963, P.A. 60; 1969, P.A. 820, S. 10;
P.A. 82-327, S. 12.)
See Sec. 7-148.
Sec. 7-157. Publication. Referendum. Publication of summary. (a) Ordinances
may be enacted by the legislative body of any town, city, borough or fire district. Any
such ordinance so enacted, except when enacted at a town or district meeting, shall
become effective thirty days after publication thereof in some newspaper having a circulation in the municipality in which it was enacted, provided, upon a petition of not less
than fifteen per cent of the electors of such municipality filed with the town or borough
clerk, as the case may be, within thirty days after the publication of such ordinance,
asking that the same be submitted to the voters of such municipality at its next regular
or special meeting, it shall be so submitted and in such event shall not become effective
unless a majority of the voters voting at such meeting vote in favor thereof. Any ordinance enacted at a town or district meeting shall become effective fifteen days after
publication thereof in some newspaper having a circulation in such town or in such
district, as the case may be. Cities and other municipalities whose charters provide for
the manner in which they may enact ordinances may enact ordinances in such manner.
(b) Whenever any town, city, borough or fire district is required to publish any
proposed ordinance or ordinance in accordance with subsection (a) of this section, the
legislative body of such town, city, borough or fire district may provide that a summary
of such proposed ordinance or ordinance shall be published in lieu of such proposed
ordinance or ordinance, provided that, in any case in which such a summary is published,
the clerk of such town, city, borough or fire district shall make a copy of such proposed
ordinance or ordinance available for public inspection and shall, upon request, mail a
copy of such or proposed ordinance or ordinance to any person requesting a copy at no
charge to such person. Any summary so published shall bear a disclaimer as follows:
"This document is prepared for the benefit of the public, solely for purposes of information, summarization and explanation. This document does not represent the intent of
the legislative body of (here insert the name of the town, city, borough or fire district)
for any purpose." The provisions of this subsection shall not apply to any proposed
ordinance or ordinance which makes or requires an appropriation.
(c) No ordinance enacted prior to June 1, 1992, shall be invalid for failure of a
municipality to comply with the provisions of this section and each municipality shall
be held harmless from any liability or causes of action which might arise from such
failure. If a person affected by an ordinance shows prejudice because of the failure of
the municipality to comply with such provision, no penalties may be imposed against
such person pursuant to the ordinance. Any ordinance enacted prior to June 1, 1992, for
which the provisions of this section were not complied with shall be deemed to be
effective thirty days after such enactment.
(1949 Rev., S. 620; 1953, 1955, S. 249d; 1957, P.A. 13, S. 8; P.A. 86-233; P.A. 92-22; P.A. 95-353, S. 6, 7.)
History: P.A. 86-233 added Subsec. (b) re publication in summary form; P.A. 92-22 amended Subsec. (b) to authorize
publication of a summary of a proposed ordinance; P.A. 95-353 added Subsec. (c) re failure of municipalities to comply
with section, effective July 13, 1995.
See Secs. 7-9 re petitions for action for vote generally.
See Sec. 7-148 re municipal powers.
See Sec. 9-1 for applicable definitions.
Cited. 118 C. 9, 10; 129 C. 109; 146 C. 720; 152 C. 318. Cited. 175 C. 576, 584.
Cited. 46 CA 305.
Cited. 36 CS 74, 78. Cited. 43 CS 297, 299.
Sec. 7-158. Exemption. Section 7-158 is repealed.
(1949 Rev., S. 621; 1961, P.A. 517, S. 88.)
Sec. 7-159. Validity of prior ordinances, bylaws and regulations. Any valid
ordinances, bylaws or regulations adopted prior to October 1, 1957, under the provisions
of the general statutes shall remain valid until altered or repealed under the provisions
of this chapter. Nothing contained in this chapter shall affect the powers granted to any
municipality to enact ordinances, regulations or bylaws under the provisions of any
special act nor shall it affect any valid ordinance, regulation or bylaw enacted under
such provisions before or after October 1, 1957.
(1957, P.A. 13, S. 100.)
Sec. 7-159a. Joint public hearing authorized on proposal requiring multiagency approval. Notwithstanding any provision of the general statutes, any special act
or any municipal ordinance, the legislative body of any municipality may, by ordinance,
establish procedures for the holding of one public hearing on any application for a
proposal that requires approval by more than one municipal agency, body, commission
or committee.
(P.A. 90-286, S. 5, 9.)
Sec. 7-159b. Preapplication review of use of property. Notwithstanding any
other provision of the general statutes, prior to the submission of an application for use
of property under chapters 124, 126, 440 and 541 or any other provision of the general
statutes authorizing an authority, commission, department or agency of a municipality
to issue a permit or approval for use of such property, such authority, commission,
department or agency or authorized agent thereof may separately, jointly, or in any
combination, conduct a preapplication review of a proposed project with the applicant
at the applicant's request. Such preapplication review and any results or information
obtained from it may not be appealed under any provision of the general statutes, and
shall not be binding on the applicant or any authority, commission, department, agency
or other official having jurisdiction to review the proposed project.
(P.A. 03-184, S. 1.)
Secs. 7-160 to 7-163. Refining of oils regulated. Procedure prior to construction of oil refineries. Transportation of garbage; plants for treatment. Method of
transportation; appeal. Coasting on highways. Sections 7-160 to 7-163, inclusive,
are repealed.
(1949 Rev., S. 637, 4144, 4145, 4184; P.A. 75-337; P.A. 82-327, S. 12.)
See Sec. 7-148 re municipal powers.
Sec. 7-163a. Municipal liability for ice and snow on public sidewalks. (a) Any
town, city, borough, consolidated town and city or consolidated town and borough may,
by ordinance, adopt the provisions of this section.
(b) Notwithstanding the provisions of section 13a-149 or any other general statute
or special act, such town, city, borough, consolidated town and city or consolidated
town and borough shall not be liable to any person injured in person or property caused
by the presence of ice or snow on a public sidewalk unless such municipality is the
owner or person in possession and control of land abutting such sidewalk, other than
land used as a highway or street, provided such municipality shall be liable for its affirmative acts with respect to such sidewalk.
(c) (1) The owner or person in possession and control of land abutting a public
sidewalk shall have the same duty of care with respect to the presence of ice or snow
on such sidewalk toward the portion of the sidewalk abutting his property as the municipality had prior to the effective date of any ordinance adopted pursuant to the provisions
of this section and shall be liable to persons injured in person or property where a breach
of said duty is the proximate cause of said injury. (2) No action to recover damages for
injury to the person or to property caused by the presence of ice or snow on a public
sidewalk against a person who owns or is in possession and control of land abutting a
public sidewalk shall be brought but within two years from the date when the injury is
first sustained.
(P.A. 81-340.)
Cited. 44 CS 389.
Sec. 7-163b. Annual municipal reports re telecommunications towers and antennas. On or before October 1, 2004, and annually thereafter, the chief elected official
of each municipality shall file, annually, with the Connecticut Siting Council, electronically or otherwise, a report containing the location, type and height of each existing
telecommunications tower and each existing and proposed antenna subject to local jurisdiction.
(P.A. 04-226, S. 1.)
History: P.A. 04-226 effective June 8, 2004.
Sec. 7-163c. Municipal telecommunications plan. On or after January 1, 2007,
each municipality may develop a municipal telecommunications coverage plan. Such
plan shall consider the information provided to the municipality pursuant to subsection
(a) of section 16-50ee, and may include the mapping of all existing telecommunications
towers and antennas, radio frequency propagation modeling of existing coverage, hypothetical coverage from alternative sites and identification of sensitive areas for restrictive
use. The plan may delineate one or more areas of the municipality within which applications for the siting of telecommunications towers that meet pre-established criteria may
receive expedited consideration. Such plan shall be consistent with (1) 47 USC
332(c)(7), as amended, and any regulations adopted pursuant to said 47 USC 332(c)(7),
(2) the Code of Federal Regulations Title 47, Part 22, as amended, (3) tower sharing
provisions of section 16-50aa, and (4) the state-wide telecommunications coverage plan
adopted by the Connecticut Siting Council pursuant to subsection (a) of section 16-50ee. At the request of a municipality, the Connecticut Siting Council shall provide
technical assistance to the municipality in preparing a plan under this subsection.
(P.A. 04-226, S. 3.)
History: P.A. 04-226 effective June 8, 2004.
Secs. 7-164 to 7-168. Sunday: Concerts; motion pictures; dancing; theatrical
entertainment; sports; trade shows; dog shows; trials and races, horse shows and
races. Sections 7-164 to 7-168, inclusive, are repealed.
(1949 Rev., S. 699-702; 1949, S. 276d, 277d; 1957, P.A. 13, S. 20-22; 252; March, 1958, P.A. 27, S. 1-4; 1959, P.A.
25; 1961, P.A. 238, S. 1; 1963, P.A. 331; February, 1965, P.A. 292; 1969, P.A. 34, S. 1; 1972, P.A. 79, S. 1 -4; P.A. 73-263, S. 1-3; P.A. 74-27, S. 1, 2; P.A. 76-251, S. 1, 2; 76-415, S. 9; 76-435, S. 81, 82.)
Sec. 7-169. Bingo. (a) Definitions. The term "bingo" is defined as the name of a
game in which each player receives a card containing several rows of numbers and, as
numbers are drawn or otherwise obtained by chance and publicly announced, the player
first having a specified number of announced numbers appearing on his card in a continuous straight line or covering a previously designated arrangement of numbers on such
card is declared the winner. The word "person" or "applicant", as used in this section,
means the officer or representative of the sponsoring organization or the organization
itself. The term "session" means a series of games played in one day. "Executive director" means the executive director of the Division of Special Revenue within the Department of Revenue Services who shall be responsible for the administration and regulation
of bingo in the state.
(b) Vote of municipality. Upon a written petition of five per cent or more of the
electors of any municipality requesting the selectmen, common council or other governing body of such municipality to vote upon the question of permitting the playing of
bingo within such municipality, such governing body shall vote upon such question
and, if the vote is in the affirmative, it shall be permitted, subject to the restrictions
herein set forth, and if the vote is in the negative, bingo shall not be permitted to be
played in such municipality. When the selectmen, common council or other governing
body of any municipality have voted favorably upon the question of permitting the
playing of bingo within such municipality, the playing of such game shall be permitted
in such municipality indefinitely thereafter, without further petition or action by such
governing body, unless such governing body has forbidden the playing of said game
upon a similar written petition of five per cent or more of the electors of such municipality, whereupon bingo shall not be permitted to be played after such negative vote.
(c) Regulations. The executive director of the Division of Special Revenue, with
the advice and consent of the Gaming Policy Board, shall adopt, in accordance with the
provisions of chapter 54, such regulations as are necessary effectively to carry out the
provisions of this section and section 7-169a in order to prevent fraud and protect the
public, which regulations shall have the effect of law.
(d) Sponsorship. No bingo game or series of bingo games shall be promoted, operated or played unless the same is sponsored and conducted exclusively by a charitable,
civic, educational, fraternal, veterans' or religious organization, volunteer fire department or grange. Any such organization or group shall have been organized for not less
than two years prior to its application for a bingo permit under the terms of this section.
The promotion and operation of said game or games shall be confined solely to the
qualified members of the sponsoring organization, except that the executive director of
the Division of Special Revenue may permit any qualified member of a sponsoring
organization who has registered with the executive director, on a form prepared by him
for such purpose, to assist in the operation of a game sponsored by another organization.
The executive director may revoke such registration for cause.
(e) Application for permit. Any eligible organization desiring to operate bingo
games in any municipality in which the governing body has voted to permit the playing
thereof shall make application to the executive director of the Division of Special Revenue, which application shall contain a statement of the name and address of the applicant,
the location of the place at which the games are to be played and the seating capacity
of such place, the date or dates for which a permit is sought, the class of permit sought
and any other information which the executive director reasonably requires for the protection of the public, and, upon payment of the fee hereinafter provided for, the executive
director is authorized to issue such permit, provided such eligible organization has been
registered by him as provided in section 7-169a.
(f) Bingo permits. Permits shall be known as "Class A" which shall be annual one-day-per-week permits and shall permit the conduct of not more than forty and not less
than fifteen bingo games on such day, and "Class B" which shall permit not more than
forty and not less than fifteen bingo games per day for a maximum of ten successive
days, and "Class C" which shall be annual one-day-per-month permits and shall permit
the conduct of not more than forty and not less than fifteen bingo games on such day.
"Class A" permits shall allow the playing of bingo no more than one day weekly. Not
more than two "Class B" permits shall be issued to any one organization within any
twelve-month period. "Class C" permits shall allow the playing of bingo no more than
one day per month.
(g) Permit fees. Permit fees shall be remitted to the state as follows: "Class A",
seventy-five dollars; "Class B", five dollars per day; "Class C", fifty dollars.
(h) Records of receipts and disbursements. Each person who operates bingo
games shall keep accurate records of receipts and disbursements, which shall be available for inspection by the executive director. Any information acquired by the executive
director pursuant to this subsection shall be available to the Commissioner of Public
Safety upon request.