Sec. 15-73. Airport protection privileges. Encroachments prohibited. Standards for determining necessity of taking land. Where necessary in order to provide
unobstructed air space for the landing and taking-off of aircraft, in case of airports,
heliports and restricted landing areas acquired or operated by the state, the commissioner, and, in case of municipal airports, the municipality, is granted authority to acquire, in the same manner as is provided for the acquisition of property for airport
purposes, easements through or other interests in air space over land or water, interests
in airport hazards outside the boundaries of the airports, heliports or restricted landing
areas, and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of such airports, heliports and restricted landing areas and
the safe and efficient operation thereof. He is empowered to acquire in the same manner
the right of easement for a term of years or perpetually to place or maintain suitable
marks for the daytime marking and suitable lights for the nighttime marking of airport
hazards for the purpose of maintaining and repairing such lights and marks. No person
shall build, rebuild or create or cause to be built, rebuilt or created any object, or plant,
cause to be planted or permit to grow higher any tree or trees or other vegetation, which
encroach upon any airport protection privileges acquired pursuant to the provisions of
this section. Any such encroachment is declared to be a public nuisance and may be
abated in the manner prescribed by law for the abatement of public nuisances, or the
municipality in charge of the airport, heliport or restricted landing area for which airport
protection privileges have been acquired as provided in this section may go upon the
land of others and remove any such encroachment without being liable for damages in
so doing. Before exercising any of the powers conferred herein, the commissioner shall
establish and publish in detailed form, available to the public, the standards which he
has adopted and will apply in making his determination that public convenience and
necessity require the taking of any parcel of land or interest therein.
(1949 Rev., S. 4818; 1967, P.A. 802; 1969, P.A. 768, S. 184; P.A. 85-262, S. 7.)
History: 1967 act required that commission publish standards adopted re determining that land taking is necessary;
1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to commissioner
of transportation; P.A. 85-262 extended the provisions of this section to heliports.
Extension and maintenance of clear zones into town require, as condition precedent, approval of town in manner
provided in section 15-79 when land is taken for airport establishment or expansion. 159 C. 453, 472, 473. Sec. 13b-43
and this section provide a vehicle for a municipality to acquire interests in airport hazards to ensure safe and efficient
operation of an airport. 185 C. 145, 149-151, 153-155. Cited. 201 C. 700, 706. Cited. 230 C. 140, 143, 144, 146-148.
Sec. 15-74. Removal of obstructions to air navigation. (a) The commissioner
shall notify the owner or person responsible for the existence of any obstacle so located
as to constitute a hazard to aerial navigation or to the efficient or safe use of any airport,
requiring such owner or other person to remove such obstacle within such reasonable
time as is fixed by said commissioner. The owner or owners of such airport shall pay
to the owner of such obstacle just compensation for such removal.
(b) In the case of an application for an approval or a license from the commissioner
for a commercial airport, if there is any obstacle at or near the landing area which would
violate the minimum physical standards for commercial airports adopted by the commissioner under section 15-41 and the removal of such obstacle is a prerequisite for the
approval or license, the commissioner shall notify the owner or person responsible for
the existence of the obstacle, requiring him to remove it within such time as the commissioner determines. The applicant for the approval or license shall pay the owner of the
obstacle just compensation for its removal.
(c) Any person aggrieved by the action of said commissioner in relation to the
removal of an obstacle under subsection (a) or (b) of this section may appeal therefrom
to the superior court for the judicial district within which such obstacle is located or to
any judge thereof in vacation; but, if the ground of appeal is a disagreement as to the
amount of such compensation, the removal of such obstacle shall not be delayed pending
the determination of such amount.
(1949 Rev., S. 4829; 1969, P.A. 768, S. 185; 1971, P.A. 870, S. 41; P.A. 76-436, S. 353, 681; P.A. 78-280, S. 1, 127;
P.A. 83-238.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation; 1971 act replaced superior court with court of common pleas, effective September 1, 1971,
except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced
court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280
deleted reference to counties; P.A. 83-238 made existing section Subsecs. (a) and (c) and added Subsec. (b), providing for
removal of obstacles at or near certain landing areas.
Cited. 185 C. 145, 148, 151, 153-155.
Sec. 15-74a. Maintenance or construction of overhead lines and facilities near
public airport runway limited. Definitions. Terms used in this section and sections
15-74b and 15-74c, shall be construed as follows, unless another meaning is expressed
or is clearly apparent from the language or the context: "public service company" means
"public service company" as defined by section 16-1; "public airport" means any state
or municipality owned airport, heliport, restricted landing area or other air navigational
facility or any facility licensed by the Commissioner of Transportation under section
13b-46 except any privately owned airport, heliport, restricted landing area or air navigational facility unless the same has been on file with the Federal Aviation Administration
for a period of at least two years and designated by it as a facility open to the public;
"clear zone" means an area extending for up to one-half mile from the end of a runway
on a public airport and designated by the Commissioner of Transportation as a clear
zone in accordance with regulations adopted by him.
(1971, P.A. 678, S. 1; 1972, P.A. 96, S. 1; P.A. 85-262, S. 8.)
History: 1972 act replaced "electric company" definition with "public service company" definition; P.A. 85-262 added
references to heliports.
Cited. 201 C. 700, 706.
Sec. 15-74b. Lines within clear zone prohibited. (a) No public service company
shall construct or maintain any overhead line or facility within the limits of a clear zone.
(b) (1) Immediately upon July 6, 1971, the Commissioner of Transportation shall
establish clear zones, in accordance with regulations adopted by him, for all public
airport runways, and shall establish a list of priorities for the abatement or correction
of encroachments thereon by public service companies. (2) Subject to the availability
of funds, said commissioner shall from time to time order the relocation, removal or
such other appropriate corrective action as he deems necessary to abate or correct such
encroachments on clear zones.
(c) Where overhead lines already exist within the limits of an established clear zone
the Commissioner of Transportation shall reimburse the owner public service company
for the cost of relocation, removal or other corrective measures approved by him. Funds
required for the implementation of this section shall be appropriated from existing and
future appropriations for state aid to airports in accordance with regulations adopted by
the Commissioner of Transportation.
(1971, P.A. 678, S. 2-4; 1972, P.A. 96, S. 2.)
History: 1972 act replaced "electric company" with "public service company", deleted word "transmission" modifying
"lines" and amended Subsec. (c) by specifying that appropriations be made in accordance with commissioner's regulations.
Sec. 15-74c. Permit for lines and facilities within one-half mile of runway. No
public service company shall erect, recable or reconstruct any overhead line or facility
within one-half mile of any airport runway without written permission of the Commissioner of Transportation.
(1971, P.A. 678, S. 5; 1972, P.A. 96, S. 3.)
History: 1972 act replaced "electric company" with "public service company" and deleted word "transmission" modifying "lines".
Sec. 15-75. Charges and rentals. Liens. The commissioner may determine the
charges or rental for the use of any properties and the charges for any service or accommodations under his control and the terms and conditions under which such properties
may be used; provided the public shall not be deprived of its rightful, equal and uniform
use of such property. The state shall have and the commissioner may enforce liens as
provided by law for repairs to or improvement or storage or care of any personal property.
(1949 Rev., S. 4819; 1969, P.A. 768, S. 186.)
History: 1969 act replaced "commission", referring to "aeronautics commission", with "commissioner", referring to
commissioner of transportation.
Sec. 15-76. Abandoned aircraft. Lien for storage charges. Notice to commissioner. (a) The commissioner, any employee of the department, any officer attached to
an organized police department, any state police officer or any constable, within his or
her precinct, upon discovery of any aircraft apparently abandoned, whether situated
within or without any airport or landing field in this state, shall take such aircraft into
custody and may cause the same to be taken to and stored in a suitable place. All charges
necessarily incurred by such person in the performance of such duty shall be a lien upon
such aircraft. The owner or keeper of any hangar or other place where such aircraft is
stored shall have a lien upon the same for storage charges. If such aircraft has been so
stored for a period of ninety days, such owner or keeper may sell the same at public
auction for cash, at such owner's or keeper's place of business, and apply the avails of
such sale toward the payment of such owner's or keeper's charges and the payment of
any debt or obligation incurred by the person who placed the same in storage, provided
such sale shall be advertised three times in a newspaper published or having a circulation
in the town where such hangar or other place is located, such advertisement to commence
at least five days before such sale; and, if the last place of abode of the owner of such
aircraft is known to or may be ascertained by such hangar owner or keeper by the exercise
of reasonable diligence, notice of the time and place of sale shall be given such owner
by mailing such notice to the owner in a registered or certified letter, postage paid, at
such last usual place of abode, at least five days before the time of sale. The proceeds of
such sale, after deducting the amount due such hangar owner or keeper and all expenses
connected with such sale, including the expenses of the officer who placed such aircraft
in storage, shall be paid to the owner of such aircraft or the owner's legal representatives,
if claimed by such owner or representatives, at any time within one year from the date
of such sale. If such balance is not claimed within said period, it shall escheat to the state.
(b) If the owner of such aircraft placed in storage in accordance with the provisions
of this section fails to claim such aircraft within sixty days, the owner of such hangar
or other place of storage shall, within thirty days thereafter, send a written notice to the
commissioner, stating the make, type, engine number and identification number of such
aircraft and the date such aircraft was left with him for storage and by whom, which notice
shall be placed on file by the commissioner and shall be subject to public inspection. Any
sale under the provisions of this section shall be void, unless the notice required by this
section has been given to said commissioner.
(1949 Rev., S. 4821; 1961, P.A. 517, S. 131; 1969, P.A. 768, S. 187; 1972, P.A. 134, S. 5; 207, S. 5; P.A. 77-614, S.
555, 610; P.A. 00-99, S. 52, 154; P.A. 01-195, S. 19, 181.)
History: 1961 act substituted deputy director for assistant director in Subsec. (a); 1969 act replaced "commission"
and "director", referring to aeronautics commission and director, with "commissioner", referring to commissioner of
transportation and replaced "deputy director" with "deputy commissioner for the bureau of aeronautics"; 1972 acts deleted
references to commission members and to aircraft registrations; P.A. 77-614 deleted reference to deputy commissioner,
effective January 1, 1979; P.A. 00-99 deleted reference to sheriff in Subsec. (a), effective December 1, 2000; P.A. 01-195
made technical changes in Subsec. (a) for the purposes of gender neutrality, effective July 11, 2001.
Sec. 15-77. Operating under or carrying passengers under influence of liquor
or drugs. No person shall operate or attempt to operate any aircraft on the ground or
in the air while under the influence of intoxicating liquor or of any drug. No person shall
operate or attempt to operate any aircraft on the ground or in the air carrying passengers
who are under the influence of intoxicating liquor or of any drug. Any person who
violates any provision of this section shall be fined not more than one hundred dollars
or imprisoned not more than sixty days or both, for a first offense, and shall be fined
not more than five hundred dollars or imprisoned not more than one year or both, upon
any subsequent conviction of a violation of this section.
(1949 Rev., S. 4822.)
Secs. 15-78 and 15-79. Receipts from convictions; deposit in General Fund.
Municipal and state airports; establishment; state plan of development. Sections
15-78 and 15-79 are repealed.
(1949 Rev., S. 4823, 4824; 1955, S. 2412d; 1959, P.A. 290; 1961, P.A. 517, S. 132; 1963, P.A. 252, S. 1; 1967, P.A.
694, S. 1; 1969, P.A. 768, S. 263.)
See Secs. 13b-42 to 13b-44, inclusive, re state and municipal airports.
Sec. 15-80. Aviation commissions. (a) Any town, city or borough may, at any
annual or special meeting, warned and held for that purpose, vote to establish an aviation
commission and may determine the number of members of such commission and the
length of the term of office of each. If such vote is in the affirmative, a certificate of
such approval shall be recorded in the office of the clerk of such town, city or borough
and a certified copy thereof shall be filed by such clerk in the office of the Secretary of
the State, who shall record the same. Within ten days after such affirmative vote has
been passed by any town, city or borough, its selectmen, mayor or warden shall appoint
the required number of residents of such town, city or borough as members of such
commission, each of whom shall serve for the term for which he was appointed and
until his successor is appointed and has qualified.
(b) Such aviation commission shall be charged with the administration of such local
ordinances as may, from time to time, be enacted, concerning airports, landing fields
and aeronautics.
(1949 Rev., S. 696.)
Cited. 211 C. 690, 694, 695.
Secs. 15-81 to 15-86. Federal and other aid. Commission may act as agent of
municipality for acceptance of federal aid. Contracts by municipality. Municipalities may lease airports. Financial assistance to municipal airports. Technical services to municipalities. Sections 15-81 to 15-86, inclusive, are repealed.
(1949 Rev., S. 4825-4828; 1955, S. 2423d; June, 1955, S. 2424d, 2425d; 1957, P.A. 13, S. 93; 138; 1967, P.A. 377,
S. 1; 1969, P.A. 768, S. 263.)
See Sec. 13b-50.
Sec. 15-87. Service of process against nonresident owners and operators. Any
nonresident of this state who is the operator or owner of any aircraft and who accepts
the privileges extended by the laws of this state to nonresident operators and owners of
aircraft of using its aviation facilities, or of having the same operated over, or who
operates an airplane above or upon, the territorial limits of this state, shall, by such
operation, be deemed to have appointed the commissioner, his agent and attorney for
the service of process in any civil suit or proceeding instituted in the courts of this state
against such operator or owner arising out of or by reason of any accident or collision,
occurring within or above the state, in which such aircraft is involved. Such process
shall be served by the officer to whom the same is directed upon the commissioner by
leaving at the office of said commissioner, at least twelve days before the return day of
such process, a true and attested copy thereof, and by sending to the defendant at his
last-known address by registered or certified mail, postage prepaid, a like true and attested copy, with an endorsement thereon of the service upon said commissioner. The
officer serving such process upon the commissioner shall pay to said commissioner at
the time of service a fee of five dollars, which fee shall be taxed as costs in the case.
Said commissioner shall keep a record of each such process and the day and hour of the
service thereof upon him. This section shall extend the right of service of process upon
nonresidents and shall not limit any existing provisions for the service of process. Such
service shall be sufficient to confer jurisdiction of any such action upon the court to
which such process is returnable, and such court may proceed to determine the issues
in such action and render final judgment with or without any further action by such
court concerning further order of notice to such operator or owner.
(1949 Rev., S. 4831-4834; 1959, P.A. 322, S. 1; 1969, P.A. 768, S. 188.)
History: 1959 act increased fee for service of process on director; 1969 act replaced "director of aeronautics" and
"director" with "commissioner", referring to commissioner of transportation.
See Sec. 15-106 re policy or bond requirements.
Sec. 15-88. Airport zoning. Definitions. As used in sections 15-88 to 15-97, inclusive, unless the context otherwise requires:
(a) "Airport" means any area of land or water designed for the landing and taking-off of aircraft and utilized or to be utilized by the public as a point of arrival or departure
by air navigation.
(b) "Airport hazard" means any structure or tree which obstructs or may hereafter
obstruct the aerial approaches of a publicly-owned airport.
(c) An airport is "publicly-owned" if the portion thereof used for the landing and
taking-off of aircraft is owned or operated by a governmental body, political subdivision,
public agency or other public corporation.
(d) "Structure" means any object constructed or installed by man, including such
objects although regulated or licensed by other provisions of law.
(e) "Tree" means any object of natural growth.
(1953, S. 2413d.)
Cited. 185 C. 145, 148.
Subsec. (b):
Cited. 185 C. 145, 146.
Sec. 15-89. Public interest. It is declared that an airport hazard endangers the lives
and property of users of the airport and of occupants of land in its vicinity; and, if of
the obstruction type, in effect reduces the size of the area available for the safe landing,
taking-off and maneuvering of aircraft, thus destroying or tending to destroy or impair
the utility of the airport and the public investment therein, and is therefore not in the
interest of public health, public safety or general welfare.
(1953, S. 2414d.)
Cited. 185 C. 145, 148.
Sec. 15-90. Airport approach plan. The commissioner is directed to formulate
and adopt, and from time to time as may be necessary revise, an airport approach plan
for each publicly-owned airport in the state. Each such plan shall indicate the circumstances in which structures or trees or both are or would be airport hazards, the area
within which measures for the protection of the airport's aerial approaches should be
taken and what the height limits and other objectives of such measures should be. In
adopting or revising any such plan, the commissioner shall consider, among other things,
the character of the flying operations expected to be conducted at the airport, the nature
of the terrain, the height of existing structures and trees above the level of the airport,
the practicability of lowering or removing existing obstructions and all other material
matters, and the commissioner may obtain and consider the views of the agency of
the federal government charged with the fostering of civil aeronautics as to the aerial
approaches necessary to safe flying operations at the airport.
(1953, S. 2415d; 1969, P.A. 768, S. 189.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation.
Cited. 185 C. 145, 148.
Sec. 15-91. Adoption of airport zoning regulations. (a) Every municipality having within its territorial limits an area within which, according to an airport approach
plan adopted by the commissioner, measures should be taken for the protection of airport
approaches, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations applicable
to such area, which regulations shall divide the area into zones and, within such zones,
specify the land uses permitted, and regulate and restrict the height to which structures
and trees may be erected or allowed to grow, as may be necessary to effectuate the
commissioner's approach plan for the airport.
(b) If a municipality has adopted or adopts a general zoning ordinance regulating,
among other things, the height of buildings, any airport zoning regulations adopted for
the same area or portion thereof under this section may be incorporated in and made a part
of such general zoning regulations and may be administered and enforced in connection
therewith, but such general zoning regulations shall not limit the effectiveness or scope
of the regulations adopted hereunder.
(c) Any zoning or other regulations applicable to any area within which, according
to the airport approach plan adopted by the commissioner, measures should be taken
for the protection of airport approaches, including any airport zoning regulations adopted
under this section and any zoning or other regulations dealing with the same or similar
matters adopted under authority other than that conferred by this section, shall be consistent with, and conform to, the commissioner's approach plan for such area, and shall be
amended from time to time as may be necessary to conform to any revision of the plan
that may be made by the commissioner.
(d) All airport zoning regulations adopted hereunder shall be reasonable, and none
shall require the removal, lowering or other change or alteration of any structure or tree
not conforming to the regulations when adopted or amended, or otherwise interfere with
the continuance of any nonconforming use, except as provided in subsection (a) of
section 15-93.
(e) If any municipality fails to adopt airport zoning regulations within a reasonable
time, the commissioner may, for the protection of public safety, adopt and from time
to time as may be necessary amend or repeal such regulations for such municipality
until airport zoning regulations herein provided for are adopted by such municipality.
(1953, S. 2416d; 1969, P.A. 768, S. 190.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation.
Cited. 185 C. 145, 148.
Subsec. (e):
Cited. 185 C. 145, 148.
Sec. 15-92. Airport hazard outside municipality. Where an airport is owned or
controlled by a municipality and any airport hazard area appertaining to such airport is
located outside the territorial limits of such municipality, the municipality owning or
controlling the airport and the municipality within which the airport hazard area is located may, by ordinance, create a joint airport zoning board, which board shall have the
same power to adopt, administer and enforce airport zoning regulations applicable to
the airport hazard area in question as that vested by section 15-91 in the municipality
within which such area is located. Each such joint board shall have as members two
representatives appointed by each municipality participating in its creation and in addition a chairman elected by a majority of the members so appointed.
(1953, S. 2417d; 1957, P.A. 13, S. 95.)
Cited. 185 C. 145, 148.
Sec. 15-93. Establishment or alteration of structures. (a) Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to section
15-91, a system may be established for granting permits to establish or construct new
structures and other uses. Before any nonconforming structure or tree may be replaced,
substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit
shall be secured from the administrative agency authorized to administer and enforce
the regulations, authorizing such replacement, change or repair. No permit shall be
granted that would allow the structure or tree in question to be made higher or become
a greater hazard to air navigation than it was when the applicable regulation was adopted;
and whenever the administrative agency determines that a nonconforming structure or
tree has been abandoned or more than eighty per cent torn down, destroyed, deteriorated
or decayed: (1) No permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from the zoning regulations, but
a permit shall be issued as of right if the structure as erected or altered is in conformance
with the regulations or will not constitute a greater hazard than the structure that is
replaced or altered; and (2) whether application is made for a permit under this section
or not, such agency may by appropriate action compel the owner of the nonconforming
structure or tree to lower, remove, reconstruct or equip such object as may be necessary
to conform to the regulations. Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.
(b) Variances. Any person desiring to erect any structure, or increase the height of
any structure, or permit the growth of any tree, or otherwise use his property, in violation
of airport zoning regulations adopted under section 15-91, may apply to the board of
appeals, as provided herein, for a variance from the zoning regulations in question. Such
variance shall be allowed where a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and the relief granted would
not be contrary to the public interest but do substantial justice and be in accordance with
the spirit of the regulations.
(c) Obstruction marking and lighting. In granting any permit or variance under
this section the administrative agency or board of appeals may, if it deems such action
advisable to effectuate the purposes of sections 15-88 to 15-97, inclusive, and reasonable
in the circumstances, so condition such permit or variance as to require the owner of
the structure or tree in question to permit the municipality, at its own expense, to install,
operate and maintain suitable obstruction markers and obstruction lights thereon.
(1953, S. 2418d.)
Cited. 185 C. 145, 148.
Sec. 15-94. Regulations. Appeals. (a) Adoption of zoning regulations. No airport zoning regulations shall be adopted, amended or changed hereunder except by
action of the legislative body in the municipality in question after a public hearing in
relation thereto, at which parties in interest and citizens shall have an opportunity to be
heard. At least fifteen days' notice of the hearing shall be published in an official paper,
or a paper of general circulation, in the municipality.
(b) Administration of zoning regulations; administrative agency. The legislative body of any municipality adopting airport zoning regulations hereunder may delegate the duty of administering and enforcing such regulations to any administrative
agency under its jurisdiction, but such administrative agency shall not include any member of the board of appeals. The duties of such administrative agency shall include
hearing and ruling on the granting of all permits under subsection (a) of section 15-93,
but such agency shall not have or exercise any of the powers delegated to the board of
appeals.
(c) Board of appeals. Airport zoning regulations adopted hereunder shall provide
for appointment of a board of appeals to have and exercise the following powers: (1)
To hear and decide appeals from any order, requirement, decision or determination made
by the administrative agency in the enforcement of sections 15-88 to 15-97, inclusive,
or any ordinance adopted pursuant thereto; (2) to hear and decide special exceptions to
the terms of the ordinance upon which such board may be required to pass under such
ordinance; (3) to hear and decide specific variances under subsection (b) of section 15-93. Where a zoning board of appeals already exists, it may be appointed as the board
of appeals. Otherwise, the board of appeals shall consist of five members, each to be
appointed to serve for a term of three years unless removed for cause by the appointing
authority upon written charges and after public hearing.
(d) Appeal by municipality. Any municipality aggrieved by any zoning ordinance
or regulation under the terms of sections 15-88 to 15-97, inclusive, may appeal to the
commissioner without recourse to the board of appeals.
(1953, S. 2419d; 1969, P.A. 768, S. 191.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation, in Subsec. (d).
Cited. 185 C. 145, 148.
Sec. 15-95. Appeals from board of appeals. Any person aggrieved by the action
of a board of appeals acting under the provisions of subsection (c) of section 15-94, or
any municipality aggrieved by the action of the commissioner, may appeal therefrom
as provided in section 8-8.
(1953, S. 2420d; 1969, P.A. 768, S. 192.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation.
Cited. 185 C. 145, 148.
Sec. 15-96. Appeal to Department of Public Utility Control. If any corporation
subject to regulation by the Department of Public Utility Control is aggrieved by the
adoption of airport zoning regulations under section 15-91 or by refusal to grant a variance permit as provided in subsection (b) of section 15-93, such corporation, within
thirty days after such adoption or refusal, may appeal to said department, and if, after
notice and hearing, said department determines that the public safety, necessity and
convenience will be best served by the amendment or annulment of such regulation, it
may order such regulation to be amended or annulled, or may grant a variance permit
as prescribed in said subsection (b).
(1953, S. 2421d; P.A. 75-486, S. 46, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 37, 348.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
authority with division of public utility control within the department of business regulation, effective January 1, 1979;
P.A. 80-482 made division of public utility control a department and deleted reference to abolished department of business
regulation.
Cited. 185 C. 145, 148.
Sec. 15-97. Penalty. Any person who violates any provision of sections 15-88 to
15-96, inclusive, or any regulation, order, zoning ordinance or ruling promulgated or
made pursuant thereto, shall be fined not more than twenty-five dollars or imprisoned not
more than sixty days or both, and each day a violation continues to exist shall constitute a
separate offense. In addition, either the municipality within which the property is located
or the commissioner may institute, in any court of competent jurisdiction, an action to
prevent, restrain, correct or abate any violation thereof, or of airport zoning regulations
adopted thereunder, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of
injunction, which may be mandatory, or otherwise, as may be proper under all the facts
and circumstances of the case, in order fully to effectuate the purpose of said sections
and of the regulations adopted and orders and rulings made pursuant thereto.
(1953, S. 2422d; 1969, P.A. 768, S. 193.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation.
Cited. 185 C. 145, 148.
Sec. 15-98. Connecticut Wing Civil Air Patrol. Clerical assistance. (a) The
Connecticut Wing Civil Air Patrol shall be within the Department of Public Safety
and may expend funds, within available appropriations, for the acquisition, installation,
conditioning, rental and maintenance of equipment and facilities and for expenses incurred in connection with senior and cadet training; provided no funds shall be expended
for the purpose of uniforms or personal effects, or for salaries of members of said civil
air patrol, except as set forth in subsection (b).
(b) The wing commander of the Connecticut Wing Civil Air Patrol may employ
clerical assistance at headquarters for such duties as may be required by the wing commander. The commander of the Connecticut Wing Civil Air Patrol may issue vouchers
for all expenditures covered by this section, and the Comptroller shall convert such
vouchers into warrants, and the Treasurer shall pay the same out of the General Fund.
(1955, S. 2435d, 2436d; 1967, P.A. 188; 487, S. 1, 2; P.A. 76-411, S. 1; May Sp. Sess. P.A. 92-12, S. 1, 10.)
History: 1967 acts deleted three-thousand-two-hundred-dollar limit on compensation for clerical assistance in Subsec.
(b) and substituted "the general fund" for "said fund"; P.A. 76-411 designated former provisions as Subsec. (b) and inserted
new Subsec. (a) re allowed expenditures; May Sp. Sess. P.A. 92-12 amended Subsec. (a) to require that Connecticut
Wing Civil Air Patrol be within the department of public safety and to authorize expenditure of funds "within available
appropriations" and Subsec. (b) to make technical changes for statutory consistency.