EAST HARTFORD TOWN COUNCIL
TOWN COUNCIL CHAMBERS
SEPTEMBER 4, 2007
PRESENT Chair Richard F. Kehoe, Majority Leader Mary Alice Dwyer-Hughes, Minority Leader Donald H. Pitkin, Councillors, Marcia A. Leclerc, Marc I. Weinberg, Jason Rojas, Patricia Harmon, and Eric Thompson
ABSENT Vice Chair William P. Horan, Jr.
CALL TO ORDER
Chair Kehoe called the meeting to order at 7:35 p.m. He announced the exit locations in
accordance with Connecticut General Statutes § 29-381, after which the Council joined him in the pledge of allegiance.
The Chair called for a moment of silence to honor the memory of Richard Blackstone, the former Mayor of East Hartford, who had recently passed away. The Chair recognized
Mr. Blackstone's ten-year mayoral term of office and his continued years of service to the town long after his term of office was ended. He will be missed.
OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS
Susan Kniep, 50 Olde Roberts Street, commented on (1) the noise that emanates from the hall near her home and would like the police to be more stringent in enforcing the ordinances; (2) the contract amount of Purcell Associates listed on the On-Call Service Contract report and suggested that the Council refer this matter to the Investigation and Audit subcommittee; (3) the transfer of funds to hold the mayoral Republican primary, and the significance of having a primary.
The following residents came forward in support of the Podunk Bluegrass Music Festival:
Michael Wilcox, 40 Avon Drive; Richard and Patricia Begley, 18 Springside Avenue; Robert Shaw, 4 Huckleberry Road; Al Lavigne, 30 Prasser Drive; Robert McDonald, 1969 Main Street; and Mike Breen, 52 O'Connell Drive.
Mayor Currey stated that (1) the next Inland/Wetlands meeting will be held next month to address issues that a citizen brought to her attention on Leverich Drive; (2) reminded the Council that the 5-year term for the on-call contracts starts with the date that the request for proposal (RFP) goes out; (3) the need for the purchase of one new pick-up truck and one new dump truck for the Parks & Recreation Department. Additionally, the Mayor stated that the opening of Cabela's coincides with an important UCONN football game. She anticipates that traffic in that area will be at an all time high and asks the local residents to be as patient as possible.
APPROVAL OF MINUTES
August 21, 2007 Executive Session/Carey
MOTION By Mary Alice Dwyer-Hughes
seconded by Marcia Leclerc
to approve the minutes of the August 21, 2007 Executive Session/Carey.
Motion carried 8/0.
August 21, 2007 Public Hearing/Bond Referendum: Flood Control System
MOTION By Mary Alice Dwyer-Hughes
seconded by Marcia Leclerc
to approve the minutes of the August 21, 2007 Public Hearing/Bond
Referendum: Flood Control System.
Motion carried 8/0.
August 21, 2007 Regular Meeting
MOTION By Mary Alice Dwyer-Hughes
seconded by Eric Thompson
to approve the minutes of the August 21, 2007 Regular Meeting.
Motion carried 8/0.
COMMUNICATIONS AND PETITIONS
Presentation by Roger Moss, Director of Parks & Recreation Department re: Podunk Bluegrass Music Festival
Roger Moss, the Director of Parks & Recreation Department, introduced several members
of the Podunk Bluegrass Music Festival Executive Committee. Mr. Moss spoke on the
Festival's wide range appeal, stating that there are attendees from Connecticut, all over
the United States and world-wide. He also answered questions from the Councillors on
the various financial documents that he supplied from the 2007 Festival.
Cathie Condio, 19 Blinn Street, Treasurer of the Podunk Bluegrass Music Festival, gave a
description of the process that is followed to produce the Festival each year, from the
supervising of volunteers, to obtaining sponsors, to the accounting practices followed to
keep this festival a solvent entity.
Paul O'Connell, the current President of the of the Podunk Bluegrass Music Festival,
expressed his appreciation for the hard work and dedication of all involved who make the
festival a success every year.
On-Call Ordinance Report for FY 2006-2007
The Chair stated that, as required by town ordinance section 10-6(a), the town must supply an accounting of the amounts expended on each on-call service contract during the fiscal year beginning July 1, 2006 and ending on June 30, 2007. Mike Walsh, Finance Director, reviewed this report with the Council and answered questions from the Councillors.
NEW BUSINESS
Parks and Recreation Department: Truck Purchases
MOTION By Marcia Leclerc
seconded by Mary Alice Dwyer-Hughes
to approve the purchase of:
(1) an F 550 Dump Truck outfitted with a sander and plow at a cost of $58,500.00 and,
(2) an F 250 pick-up truck for $25,500.00
totaling $84,000.00 and that the two vehicles be added to the five-year
Capital Improvement Plan.
Motion carried 8/0.
Recommendation from Ordinance Committee re: Revisions to Chapter 13, Offenses
MOTION By Mary Alice Dwyer-Hughes
seconded by Don Pitkin
to amend the Town of East Hartford Code of Ordinances by repealing the
existing Chapter 13, entitled Offenses, and substituting in lieu thereof the
new Chapter 13, consistent with the draft dated August 9, 2007 (copy
attached to minutes) that was unanimously approved by the Ordinance
Committee.
Motion carried 8/0.
Transfer from Contingency Fund re: Republican Mayoral Primary
MOTION By Don Pitkin
seconded by Eric Thompson
to transfer funds in the amount of $17,010.00 from account
G9600-63492 Reserve for Contingency as follows:
(1) $15,805.00 to account G1300-60135, Registrar of Voters-Election
Officials, and
(2) $1,205.00 to account G1200-62360, Town Clerk-Election
to cover the anticipated costs associated with the Republican Mayoral
primary.
Motion carried 8/0.
Refund of Taxes
MOTION By Marc Weinberg
seconded by Marcia Leclerc
to refund taxes in the amount of $3,613.64
pursuant to Section 12-129 of the Connecticut General Statutes.
Motion carried 8/0.
Memorandum
DATE: September 10, 2007
TO: Michael Walsh, Director of Finance
FROM: Patricia Faucher, Collector of Revenue
RE: Refund of Taxes
Under the provisions of Section 12-129 of the Connecticut General Statutes, the following persons are entitled to the refunds as requested:
Name and Address |
Account |
Amount |
Reason |
Degregorio, Thomas J 26 Saunders St Floor 2 East Hartford, CT 06108-3121 |
2006-03-59983 |
11.56 |
Assessor’s Adjustment Marker # 271SKX |
Dmochowski, Teodor 194 Hollister Dr East Hartford, CT 06118-2136 |
2006-03-60770 |
5.59 |
Assessor’s Adjustment Marker # 376PFT |
Dobbin, Owen L or Dobbin, Sylvia E 176 Sawka Dr East Hartford, CT 06118-1323 |
2006-03-60787 |
56.89 |
Assessor’s Adjustment Marker # 993CTG |
Duperry, David 187 Jefferson Lane East Hartford, CT 06118 |
2000-03-59461 2001-03-59878 2002-03-60185 2003-03-60215 2004-03-604
50 2005-03-60397 |
19.21 17.43 16.21 15.73 14.88 34.46 117.92 Total |
Assessor’s Adjustment Marker # 645PHB Disability exemption that was missed |
Fox, James or Fox, Elizabeth 121 Wickham Dr East Hartford, CT 06118 |
2006-03-63336 |
5.00 |
Assessor’s Adjustment Marker # 266DCK |
GMAC Semperian – Property Tax PO Box 33115 Knoxville, TN 37930 |
2006-03-64957 |
851.36 |
Assessor’s Adjustment VIN # 1GNFK13057J111127 |
GMAC Mortgage PO Box 780 Waterloo, IA 50702 Attn: Tax Refund |
2006-01-4278 |
1467.20 |
Overpayment 31 High Street Unit # 2201
|
Lawrence, Peter W or Hill, Claudette S 86 Forbes St East Hartford, CT 06108-3727 |
2005-03-71700 |
15.44 |
Assessor’s Adjustment Marker # 664TPZ |
Pena, Carmello 89 Clayton Rd East Hartford, CT 06118-2707 |
2006-03-79409 |
181.24 |
Overpayment Marker # 486MWD |
Plantier, Dorothy C/O Donna P Potterton, Executor 39 Grande Rd East Hartford, CT 06118 |
2006-03-80424 |
48.04 |
Assessor’s Adjustment Marker # NA2 |
Resendes, Christopher S 71 Rustic Lane East Hartford, CT 06118 |
2005-03-81922
|
121.26 |
Assessor’s Adjustment Marker # 9CW480 |
Rivera, Yeisa 31 Garden St East Hartford, CT 06108-1725 |
2006-03-82393 |
10.91 |
Assessor’s Adjustment Marker # 232UUM |
Silverlieb, Samuel S 325 Kelly Rd V-14 Vernon, CT 06066 |
2005-03-85698 |
40.57 |
Assessor’s Adjustment Marker # 249FWP |
Tyler, Denise M 1911 Main St East Hartford, CT 06108 |
2005-01-14712 |
674.99 |
Overpayment 1911 Main Street |
West, Thomas J 11 Heron Rd East Hartford, CT 06118-2917 |
2006-03-90392 |
5.67 |
Assessor’s Adjustment Marker # GC7069 |
TOTAL |
|
3613.64 |
|
_____________________
Patricia Faucher, CCMC
Request for Bid Waiver: Women, Infants, and Children (WIC) Program
MOTION By Jason Rojas
seconded by Marcia Leclerc
to approve a bid waiver to allow the Town of East Hartford to enter into a
contract with Eastern Connecticut Health Network to deliver services
regarding the Women with Infants and Children program in the Rockville
area.
Motion carried 8/0.
OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION
Don Pitkin inquired on the following issues: (1) the status of the Johnson Control study; (2) an update on the town's tree board, i.e., who is the town's tree warden, how active is this position, how many members are on the board, etc.; (3) has the inspection and registration of bikes been discontinued; (4) asked for clarification of why Bill Wamester is still being referred to as the acting Director of the Health Department.
Pat Harmon requested that a few repairs are necessary at the Southend Senior Center: the bench in the front is in disrepair; window frames are rusted and weeding and general landscaping is needed.
Eric Thompson asked for clarification on the Chair's opinion on the appointment of a liaison to the Planning and Zoning Commission. The Chair indicated that there may be a problem with an ex-officio member of a Commission that makes legally binding decisions. He will review this issue with Corporation Counsel. Additionally, Councillor Thompson requested a progress report on the renovations to Firehouse #1 and asked if the sale of town vehicles should be referred to the Town-owned Property Other Than Real Estate committee.
OPPORTUNITY FOR RESIDENTS TO SPEAK
Susan Kniep, 50 Olde Roberts Street, requested that (1) the Council refer the on-call contract of Purcell Associates to the Investigation and Audit subcommittee; (2) that she be allowed to review all the invoices and confirmation of expenditures on the Purcell Associates on-call contract; (3) the Council refer to the Ordinance Committee the issue of conflict of interest laws as it relates to lobbyists in the town of East Hartford; (4) that the Council consider an ordinance that would require, at minimum, a public hearing prior to any future PILOT fund expenditures, and at maximum, a referendum; (5) the formation of a commission, which would include members of the Board of Education, the town Administration, parents, and corporate leaders, to examine the East Hartford School System.
Roger Coleman, 22 Kenneth Drive, commented that he is concerned about the anticipated traffic in the Rentschler Field area during the opening of Cabela's.
ADJOURNMENT
MOTION By Don Pitkin
seconded by Marcia Leclerc
to adjourn (10:45 p.m.).
Motion carried 8/0.
The Chair announced that the next meeting of the Town Council would be on September 18, 2007.
Attest________________________________
Angela M. Attenello
TOWN COUNCIL CLERK
D r a f t – August 9, 2007
CHAPTER 13. OFFENSES
[ARTICLE 1. PROPERTY OFFENSES.1 ]
[Sec. 13-1 Damaging or Removing Town Property.
No person shall damage, destroy, deface, [remove or carry away] larceny any real or personal property owned by the Town.
This Section shall not apply to any town employee while in the performance of his duties except when performed with [carelessness] negligence or malicious intent.
Any person violating this Section shall be liable to the Town for replacement or repair of the Town property affected, in addition to any other penalty provided in this Code.]
1State Law Ref: As to damaging property generally, see C.G.S. Sec. 53a-115, 116 and 117.
Sec. 53a-115. Criminal mischief in the first degree: Class D felony. (a) A person is guilty of criminal mischief in the first degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding one thousand five hundred dollars, or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public, or (3) with
intent to cause damage to any electronic monitoring equipment owned or leased by the state or its agent and required as a condition of probation or conditional discharge pursuant to section 53a-30, as a condition of release pursuant to section 54-64a or as a condition of community release pursuant to section 18-100c, and having no reasonable ground to believe that such person has a right to do so, such person damages such electronic monitoring equipment and thereby causes an interruption in its ability to function, or (4) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with (A) any tangible property owned by the state, a municipality or a person for fire alarm or police alarm purposes, (B) any telecommunication system operated by the state police or a municipal police department, (C) any emergency medical or fire service dispatching
system, (D) any fire suppression equipment owned by the state, a municipality, a person or a fire district, or (E) any fire hydrant or hydrant system owned by the state or a municipality, a person, a fire district or a private water company, or (5) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding one thousand five hundred dollars.
(b) Criminal mischief in the first degree is a class D felony.
Sec. 53a-116. Criminal mischief in the second degree: Class A misdemeanor. (a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the
public; or (3) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding two hundred fifty dollars.
(b) Criminal mischief in the second degree is a class A misdemeanor.
Sec. 53a-117. Criminal mischief in the third degree: Class B misdemeanor. (a) A person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that such person has a right to do so, such person: (1) Intentionally or recklessly (A) damages tangible property of another, or (B) tampers with tangible property of another and thereby causes such property to be placed in danger of damage; or (2) damages tangible property of another by negligence involving the use of any potentially harmful or destructive force or substance, including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material; or (3) intentionally or recklessly (A) damages tangible property owned by the state or a
municipality that is located on public land, or (B) tampers with tangible property owned by the state or a municipality that is located on public land and thereby causes such property to be placed in danger of damage; or (4) damages tangible property owned by the state or a municipality that is located on public land by negligence involving the use of any potentially harmful or destructive force or substance, including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material.
(b) Criminal mischief in the third degree is a class B misdemeanor.
Sec. 53a-117a. Criminal mischief in the fourth degree: Class C misdemeanor. (a) A person is guilty of criminal mischief in the fourth degree when, having no reasonable ground to believe such person has a right to do so, such person intentionally or recklessly (1) damages or tampers with any fire hydrant or hydrant system owned by the state or a municipality, fire district or private water company; or (2) damages, tampers with or removes any tangible property owned by the state, a municipality or a person for fire alarm, smoke detection
and alarm, fire suppressant or police alarm purposes; or (3) damages or tampers with any fire hydrant or hydrant system owned by the state or a municipality that is located on public land; or (4) damages, tampers with or removes any tangible property owned by the state or a municipality that is located on public land for fire alarm, smoke detection and alarm, fire suppressant or police alarm purposes.
(b) Criminal mischief in the fourth degree is a class C misdemeanor.
[Sec. 13-2. Damaging Private Property.
No person shall break, deface, remove or destroy any private property of another without first having obtained the consent of the owner.]
State law: C. G. S. § 53a-115, 116, 117
[Sec. 13-3. Removing or Damaging Property on Vacant Building.
No person shall remove or in any manner damage any fixture, attachment or other property belonging to, connected with or used in the construction of any vacant structure or building, or break into any vacant structure or building unless authorized to enter and remove any fixture, attachment or other property belonging to, connected with or used in the construction on any vacant structure or building, whether built or in the process of construction, or damage the structure or building in any way, whether intentionally or not, in attempting to enter the structure or building or in removing, or attempting to remove, any such fixture, attachment or other property belonging to, connected with or used in the construction of the structure or building.]
State Law: C. G. S. § 53a-115,116,117
[Sec. 13-4. Tampering with Utility Equipment, Fire and Police Alarms.
No person shall meddle, tamper with, injure, break, cut, take down or disarrange any telegraph, telephone, or electric light pole, fire or police alarm pole or box, or any wire, cord, lamp or other apparatus used in operating or maintaining any telegraph, telephone, electric light or fire alarm, without authority so to do, or post any bills or posters of any kind whatsoever upon any such poles or posts.]
State Law: C. G. S. § 53a-115,116,117, 117a
ARTICLE [2] 1. NUISANCES.
[DIVISION 1. GENERALLY.]
[Sec. 13-5] Sec. 13-1 Nuisance
(a) As used in this Article:
1. "Public nuisance" shall mean any act, thing, occupation, condition or use of property which shall continue for such length of time as to:
(A) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public:
(B) In any way render the public insecure in life or in the use of property;
(C) Greatly offend the public morals or decency;
(D) Unlawfully and substantially interfere with, obstruct or ten to obstruct or render dangerous for passage any street, alley, lightway, navigable body of water or other public way;
(E) Interfere with the comfortable enjoyment of life or property an entire community or neighborhood, or by considerable number of person.
(F) Any violation of any Section of this Article.
(G) Keeping, maintaining or causing or permit to be kept or maintained, either as the owner or as the one in possession or in charge, any flood light or any other reflector type light on any property in such manner that its light is unnecessarily thrown into the residence of any person in the vicinity so as to constitute, while the light is on, a continuous annoyance to a person occupying the other residence.
2. Public nuisances affecting public safety shall include, but not be limited to the following:
(A) All ice not removed from public sidewalks and all snow not removed from public sidewalks as required by Town ordinance;
(B) All signs and billboards, awning and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety;
(C) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian cross-walks;
(D) All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than ten feet above the surface of a public street;
(E) All wires over streets, alleys or public grounds which are strung less than sixteen feet above the surface of street or ground;
(F) All obstructions of streets, alleys, sidewalks or cross-walks and all excavations in or under the same, except as permitted by the ordinances of the town or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
(G) All open and unguarded pit, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk;
(H) All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside;
(I) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
3. Public nuisances affecting health shall include but not be limited to the following acts, omissions, conditions or things:
(A) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(B) Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty four hours after death;
(C) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed. All stagnant water in which mosquitoes, flies or other insects can multiply;
(D) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
(E) All noxious weeds and other rank growth or vegetation;
(F) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust in quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property; and
(G) Any use of property, substances or things emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons.
[Sec. 13-47. Public Nuisance.
In addition to any other penalty provided by the Town Code, violation of any Section of this Article is declared to be a public nuisance and may be abated by the Town.]
[Sec. 13-6.] Sec. 13-2 Public Nuisance Prohibited.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance, or any public nuisance affecting public safety or affecting health within the Town.
[Sec. 13-7. Public Nuisances Affecting Health.
(a) Public nuisances affecting health shall include but2 not be limited to the following acts, omissions, conditions or things:
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death;
Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed. All stagnant water in which mosquitoes, flies or other insects can multiply;
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
All noxious weeds and other rank growth or vegetation;
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust in quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property; and
Any use of property, substances or things emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons.]
2Cross Reference: As to nuisance, see Definitions, Chapter 1.
[Sec. 13-8.] Sec. 13-3 Filing Complaint: Inspections.
All complaints alleging the existence of a public nuisance shall be filed with the Chief of Police.
The Chief of Police shall [cause an inspection of] inspect the premises [to be made] and make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the photographs in the Police Department.
All complaints alleging the existence of a public nuisance affecting public safety shall be filed with the Director of Inspections and Permits who shall inspect the premises and make a written report of findings.
All complaints alleging the existence of a public nuisance affecting health shall be filed with the Director of Health who shall inspect the premises and make a written report of findings.
[Sec. 13-9.] Sec. 13-4 Notice to Abate Nuisance.
(a) If the inspecting officer determines that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, in addition to any other enforcement authority under law, such officer [the Chief of Police] may serve notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance, and to post a copy of the notice on the premises.
(b) Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within twenty-four [(24)] hours. The notice shall state that unless such nuisance is so abated, the Town will cause it to be abated and will [change the] charge such costs to the owner, occupant or person causing, permitting or maintaining the nuisance.
[Sec. 13-10. Abatement by Town.
If the nuisance is not abated within the time provided or the owner, occupant or other person causing the nuisance cannot be found, the Director of Health in the case of health nuisances, and the Chief of Police in other cases, shall cause the abatement or removal of the public nuisance.]
[Sec. 13-11.] Sec. 13-5 Abatement by Court Action.
If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such so as to threaten great and immediate danger to the public health, safety, morals or decency, [he] such officer, in addition to any other enforcement authority under law, shall file a written report of [his] findings with the [Chief of Police] Corporation Counsel who may seek appropriate remedies in the Superior Court. The [Chief of Police] Corporation Counsel shall cause an action to abate such nuisance to be commenced in the name of the Town.
[Sec. 13-12. Cost of Abatement.
In addition to any other penalty imposed by this Article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Town shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance. If notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.]
ARTICLE [3] 2. OFFENSES AGAINST PUBLIC PEACE AND SAFETY.3
[Sec. 13-13. Exhibition of Obscene Materials.
No person shall have in his position in public view or otherwise exhibit any obscene or indecent writing, book, pamphlet, picture, photograph, drawing, figure, motion picture film or phonograph recording.]
State Law: C. G. S. § 53a-193
Sec. 53a-193. Definitions. The following definitions are applicable to this section and sections 53a-194 to 53a-210, inclusive:
(1) Any material or performance is "obscene" if, (A) taken as a whole, it predominantly appeals to the prurient interest, (B) it depicts or describes in a patently offensive way a prohibited sexual act, and (C) taken as a whole, it lacks serious literary, artistic, educational, political or scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or performance or the circumstances of its dissemination to be designed for some other specially susceptible audience. Whether a material or performance is obscene shall be judged by ordinary adults applying contemporary community standards. In applying contemporary community standards, the state of Connecticut is deemed to be the community.
(2) Material or a performance is "obscene as to minors" if it depicts a prohibited sexual act and, taken as a whole, it is harmful to minors. For purposes of this subdivision: (A) "Minor" means any person less than seventeen years old as used in section 53a-196 and less than sixteen years old as used in sections 53a-196a and 53a-196b, and (B) "harmful to minors" means that quality of any description or representation, in whatever form, of a prohibited sexual act, when (i) it predominantly appeals to the prurient, shameful or morbid interest of minors, (ii) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) taken as a whole, it lacks serious literary, artistic,
educational, political or scientific value for minors.
[Sec. 13-14. Solicitation for Prostitution.4
No person shall make public display of himself on any street or other public place in any manner so as to attract attention to himself for the purpose of soliciting customers for prostitution.]
3State Law Reference: As to exhibition of obscene materials, see Sec. 53a-193 et seq.
4State Law Reference: As to prostitution generally, see C.G.S.Sec. 53a-82 - 53a-89
Sec. 53a-82. Prostitution: Class A misdemeanor. (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor was coerced into committing such offense by another person in violation of section 53a-192a.
(c) Prostitution is a class A misdemeanor.
Sec. 53a-83. Patronizing a prostitute: Class A misdemeanor. (a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.
(b) Patronizing a prostitute is a class A misdemeanor.
Sec. 53a-83a. Patronizing a prostitute from a motor vehicle: Class A misdemeanor. (a) A person is guilty of patronizing a prostitute from a motor vehicle when he, while occupying a motor vehicle: (1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) solicits or requests another person to engage in sexual conduct with him in return for a fee; or (4) engages in sexual conduct for which a fee was paid or agreed to be paid.
(b) Patronizing a prostitute from a motor vehicle is a class A misdemeanor.
Sec. 53a-84. Sex of parties immaterial. In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it shall be no defense that: (1) Such persons were of the same sex; or (2) the person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.
Sec. 53a-85. Promoting prostitution: Definitions. The following definitions are applicable to sections 53a-86 to 53a-89, inclusive:
(1) A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
(2) A person "profits from prostitution" when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.
Sec. 53a-86. Promoting prostitution in the first degree: Class B felony. (a) A person is guilty of promoting prostitution in the first degree when he knowingly: (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from coercive conduct by another; or (2) advances or profits from prostitution of a person less than sixteen years old.
(b) Promoting prostitution in the first degree is a class B felony.
Sec. 53a-87. Promoting prostitution in the second degree: Class C felony. (a) A person is guilty of promoting prostitution in the second degree when he knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or (2) advances or profits from prostitution of a person less than eighteen years old.
(b) Promoting prostitution in the second degree is a class C felony.
Sec. 53a-88. Promoting prostitution in the third degree: Class D felony. (a) A person is guilty of promoting prostitution in the third degree when he knowingly advances or profits from prostitution.
(b) Promoting prostitution in the third degree is a class D felony.
Sec. 53a-89. Permitting prostitution: Class A misdemeanor. (a) A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.
(b) Permitting prostitution is a class A misdemeanor.
Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which
such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(b) Breach of the peace in the second degree is a class B misdemeanor.
[Sec. 13-15. Disorderly Conduct.5
a A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, inconvenience, nuisance or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he does any of the following acts:
Engages in fighting or in violent, threatening or tumultuous behavior;
Makes any unreasonably loud noise;
Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer where one or more persons are committing acts of disorderly conduct in the immediate vicinity.
Collects or assembles in crowds and bodies for unlawful, mischievous purposes to the annoyance or inconvenience of others, or if involved in, incites or attempts to incite a riot;
Assembles and stands or sits in crowds or loiters about or hinders, obstructs, impedes or blocks the free and uninterrupted passage of any sidewalks, street, alley or driveway or in front of any place of business or in any hall, stairway, office, court room or public hall or building or any other public place in the Town and who fails to disperse upon the command of a police officer or other lawful authority;
Loiters, idles, is present or gathers with others in or on any public property, private parking lot or other private property during hours or times when such premises are posted as not being open to the general public;
b This Section shall not apply to peaceful assemblies, picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.]
5State Law Reference: As to disorderly conduct, see C.G.S. Sec. 53a-182; as to breach of the peace, see C.G.S. Sec. 53a-181
Sec. 53a-182. Disorderly conduct: Class C misdemeanor. (a) A person is guilty of disorderly conduct when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior; or (2) by offensive or disorderly conduct, annoys or interferes with another person; or (3) makes unreasonable noise; or (4) without lawful authority, disturbs any lawful assembly or meeting of persons; or (5) obstructs vehicular or pedestrian traffic; or (6) congregates with other persons in a public place and refuses to comply with a reasonable official request or order to disperse; or (7) commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or
cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy.
(b) Disorderly conduct is a class C misdemeanor.
Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which
such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(b) Breach of the peace in the second degree is a class B misdemeanor.
[Sec. 13-16. Loitering.
No person shall assemble idly, and remain in crowds, or stand or remain idly upon the sidewalks, crosswalks, or walks in public parks.]
State Law: C. G. S. § 53a-182
[Sec. 13-17. Loitering; Police Order to Disperse6.
a) No person shall loiter, loaf, wander, stand or remain idle either alone and/or in consert with others in a public place in such manner so as to:
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon, and thereto.
b) When any person causes or commits any of the conditions enumerated Subsection (a) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this Section.]
State Law: C. G. S. § 53a-182
6Decisional Law Reference: As to constitutionality and legality of loitering ordinances, see: People v. Ritchey, 181 N.W. 2d. 87 (1970); Carmarco v. City of Orange, 268 A. 2d 354 (1970); People v. Deutsch, 172 N.W. 2d 392 (1969); Shuttlesworth v. Birmingham, 394 U.S. 147 (1969(; People v. Wedlow, 169 N.W. 2d 145 (1969); People v. Baer, 270 N.W.S. 2d 434 (1965); Middlebrooks v. City of Birmingham, 170 So. 2d 424 (1964); Shelton v. City of Birmingham, 165 So. 2d 912 (1964); Tinsley v. City of Richmond, 119 S.E. 2d 488, appeal dismissed 368 U.S. 18 (1961)
[Sec. 13-18. Public Breach of the Peace.
a) A person shall be guilty of breach of the peace if he shall with the intent to cause inconvenience, annoyance or alarm or risk thereof:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any disturbance or annoyance calculated to interfere with the comfort and repose of any person.
Threaten to commit any crime against any other person or his property.
Obstruct, molest or interfere with any person lawfully in any public place, or assault or strike any person.
Publicly exhibit, distribute, post up or advertise any offensive, indecent or abusive matter concerning any person.
Make unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
b) Whenever a police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any of the conditions enumerated in Subsection (a) herein, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place and any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation.
c) This Section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.]
State Law: C. G. S. § 53a-181
[Sec. 13-19. Floodlights Restricted.
No person shall have, keep, maintain or cause or permit to be kept or maintained, either as the owner or as the one in possession or in charge, any flood light or any other reflector type light on any property in such manner that its light is unnecessarily thrown into the residence of any person in the vicinity so as to constitute, while the light is on, a continuous annoyance to a person occupying the other residence.]
Moved to Section 13-1 (a)(1)(G)
[Sec. 13-20. Disturbing Assemblies.
No person shall willfully disturb, incite any disturbance, molest, break up or attempt to disturb or break up any assembly, meeting or gathering of people peacefully and lawfully assembled.]
State Law: C. G. S. §§53a-181; 53a-182
[Sec. 13-21. Disturbing Religious Worship.
No person shall willfully disturb or interrupt, on any day of the week, any assembly of people met for religious worship or any profane discourse or indecent behavior, or by any loud and rancorous noise, either within the place where such meeting is held, or so near it is to disturb the order and solemnity of the meeting.]
State Law: C. G. S. §§53a-181; 53a-182
[Sec. 13-22. Disturbing funerals.
No person shall willfully disturb, interrupt or disquiet any assemblage of people who have met for the purpose of any funeral, or obstruct or detain any persons engaged in accompanying any funeral to a place of burial.]
State Law: C. G. S. §§53a-181; 53a-182
[Sec. 13-23. Burglar Tools; Altering Keys.'
No person shall make or alter or attempt to make or alter any key or other instrument that will open the lock of a building unless requested to do so by some person having the right and authority to make such request. July 2, 1980]
State Law: C. G. S. §53a-106
Sec. 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor. (a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
(b) Manufacturing or possession of burglar's tools is a class A misdemeanor.
[Sec. 13-24.] Sec. 13-6 Possession and Consumption of Alcoholic Liquor In, Within and Upon Public Areas, Public Highways and Parking Areas.
(a) For the purposes of this section, the following terms shall be defined as follows:
"Alcoholic Liquor" shall have the same meaning as ascribed to that term in Section 30-1(2) of the Connecticut General Statutes, as amended from time to time.
"Motor Vehicle" means a motor vehicle as defined in Section 14-1(30) of the Connecticut General Statutes, as amended from time to time.
"Open Container" means any open bottle, flask, or other container lacking an intact liquor tax stamp or seal, whether or not stopped; any can or other container which has been opened in any way; any key, mini-keg or other container which has been tapped or opened in any way; or any glass, cup, jar, or other container or vessel containing an alcoholic beverage which is open or has been opened in any way.
"Parked Vehicle" shall have the same meaning as ascribed to that term in Section 14-1(3) of the Connecticut General Statutes, as amended from time to time.
"Public Highway" means a highway, road, street, avenue, boulevard, or other way located within and under the control of the Town of East Hartford and open to public use, including the tree-belts and sidewalks of any such public highway. This term shall not include sidewalks or driveways located within the boundaries of privately owned property.
"Public Area" means any park, plaza, mall, arena, stadium, theater, cemeteries and other areas, regardless of by whom owned or controlled, open to the public use with or without charge. This term shall not include any private property whose owner or lessee has given written permission to any person who consumes alcoholic liquor therein to so use the property.
"Parking Area" means parking lots, parking garages and similar areas made available for the parking of motor vehicles away from the highway or street which are open to public use with or without charge.
(b) Except as permitted by sub-section (a) (6) above, no person shall consume any alcoholic liquor, or have in his possession any open container of alcoholic liquor, while upon or within the limits of any public highway, public area or parking area within the Town of East Hartford. The possession of an open container of alcoholic liquor or consumption therefrom by any person while in a motor vehicle parked within or upon parking areas of a public highway or sidewalk, or within or upon a public area, shall also be a violation hereof.
(c) [Any person who violates any of the provisions of this section shall be fined no more than ninety-nine dollars ($99.00) for each such violation.]
Voted: 4/17/90
Published:4/27/90
Effective: 5/18/90
[Sec. 13-25. Public Nuisances Affecting Safety.
(a) Public nuisances affecting public safety shall include, but not be limited to the following:
1 All ice not removed from public sidewalks and all snow not removed from public sidewalks as required by Town ordinance;
2 All signs and billboards, awning and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety;
3 All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian cross-walks;
4 All limbs of trees which project over a public sidewalk, less than eight (8) feet above the surface thereof or less than ten (10) feet above the surface of a public street;
5 All wires over streets, alleys or public grounds which are strung less than sixteen (16) feet above the surface of street or ground;
6 All obstructions of streets, alleys, sidewalks or cross-walks and all excavations in or under the same, except as permitted by the ordinances of the town or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
7 All open and unguarded pit, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk;
8 All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside;
9 Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.]
Moved to Section 13-1 (a)(2)
[Sec. 13-26. Refrigerators.
No person shall abandon, discard or leave unattended outside a building, any ice box, refrigerator or any other container with a door or lid secured by a lock or catch incapable of being opened from the inside of such container and which is no longer used for the purpose of refrigeration without first removing or rendering inoperative such catch or locking device.]
State Law: C. G. S. §53-215
Sec. 53-215. Abandonment of refrigerator. Any person who discards or abandons, or knowingly permits to be discarded or abandoned on property within his control, outdoors or within any unoccupied building or structure, any refrigerator, ice box or other container which has an airtight door or lid without having removed such door or lid shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both, and each day of such violation shall constitute a separate offense.
July 2, 1980
[Sec. 13-27.] Sec. 13-7 Barbed Wire and Electrical Fences.
a) No person shall build, construct, erect or maintain any electrical or barbed wire fencing within the town.
b) Any such barbed wire or electrical fencing shall be removed within ten days after notice by the Chief of Police has been given to the owners or occupants of lots on which such fences are constructed or maintained. If the fencing is not removed, the Chief of Police shall cause such fencing to be removed and the costs to be charged as taxes and become a lien against the property.
c) This Section shall not apply to:
1. Electrical fencing when used on any [farmland] land used for raising livestock; provided that the energizing unit used shall be approved for said use by the Underwriters Laboratories or other recognized certified body; that it shall not cause physical injury to any person, and, that there shall be warning signs on the fence every seventy-five feet. Effective: 3/17/82
2. Barbed wire when strung on extension arms at the top of a fence; provided that such barbed wire be at least six feet from the ground and not extend beyond the property line upon which such fence is situated.
3. Barbed wire when used on any [farmland] land used for raising livestock Effective: 3/17/82
See also C. G. S. §§47-47; 47-48
Sec. 47-47. Barbed wire between adjoining premises or enclosing grounds of public buildings. No person shall use barbed wire in the construction of fences, or have barbed wire upon existing fences, between his own premises and those of an adjoining proprietor, within twenty-five rods of any house or barn belonging to such proprietor, unless either premises are used in connection with raising livestock, without first obtaining his written consent. No barbed wire shall be used in the construction of fences, or retained upon existing fences, connected with or enclosing the grounds of any public school or public building, except a Department of Transportation storage facility or a vessel operations area of a state-owned waterfront facility or aircraft operations area of a state-owned airport. Any person
who violates any provision of this section shall be fined not more than one hundred dollars.
Sec. 47-48. Barbed wire along sidewalks. No barbed wire shall be installed along any sidewalk unless it is at least six and one-half feet above the ground. Any barbed wire in use in conformity with section 7156 of the general statutes, revision of 1949, on October 1, 1957, may be continued in use.
[Sec. 13-28. Private Swimming Pools; Fences.
As used in this Section, swimming pools shall include any manmade body of water at least one (1) foot in depth used or intended to be used for wading or swimming and not supervised by the Town authorities.
Every person in possession of land within the Town either as owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such pool is located, a fence or other solid structure, not less than four (4) feet in height, completely enclosing the premises or swimming pool, with no opening (other than doors or gates) larger than six (6) inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use.
This Section shall not apply to any removable wading pool less than one and one-half (1-1/2) feet in depth or to any above-ground pool at least thirty (30) inches in height and equipped with a movable ladder only.]
[Sec. 13-29. Scattering Combustible Materials.
No person shall, in removing any chips, shavings or other combustible material, scatter, throw or cause to be scattered or thrown on any street, alley or other public place any combustible materials.]
State Law on littering, Town Ordinance Section 18-18
[Sec. 13-30.] Sec. 13-8 Public Library Rules of Conduct.
a) No person shall, in or about the public libraries:
Engage in loud talking in such manner or volume or to otherwise create such noise as unreasonably to disturb other individuals using the library facilities;
Obstruct or unreasonably interfere with an individual's use of any entrance, exit, aisle, or library facility;
Smoke or carry about the person a lighted cigarette, cigar, pipe or other material in the library building, except in such portions of the premises posted as smoking areas;
Litter, deface, spit upon or otherwise injure any library property;
Mutilate or deface a book, record, work of art, or other library materials;
Eat or drink any food or beverage in the library building except where a special permit has been granted for functions sponsored by or under agreement with the Public Library in areas so designated by such permit; and,
Violate any rule or regulation promulgated for the conduct of the Library by the Town, provided notice of such rule or regulation is posted upon the library premises in a conspicuous place.
[Sec. 13-31.] Sec. 13-9. Trespassing or Unauthorized Entry on School Property.
No person who is not a regularly enrolled student, or parent or guardian of a student, or a school official, teacher, or other public or school employee, shall enter or trespass upon or loiter in or upon any school building or school property for any reason whatsoever unless such person has received written permission from the principal or other person designated by the principal to be in or upon or to remain in or upon such school building or school property.
This Section shall not apply to persons engaging in or attending a school or Recreation Department authorized activity, or to persons lawfully using the school playground or any playground equipment after school hours or when school is not in session, unless such entry or use has been prohibited by an order, rule or regulation of the School Board, school principal, or other person, department, board, or committee with authority to prohibit such use or entry.
State Law C. G. S. §§53a-107, 53a-108, 53a-109
Sec. 53a-107. Criminal trespass in the first degree: Class A misdemeanor. (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as
defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person; or (4) knowing that such person is not licensed or privileged to do so, such person enters or remains on public land after an order to leave or not to enter personally communicated to such person by an authorized official of the state or a municipality, as the case may be.
(b) Criminal trespass in the first degree is a class A misdemeanor.
Sec. 53a-108. Criminal trespass in the second degree: Class B misdemeanor. (a) A person is guilty of criminal trespass in the second degree when, knowing that such person is not licensed or privileged to do so, (1) such person enters or remains in a building, or (2) such person enters or remains on public land.
(b) Criminal trespass in the second degree is a class B misdemeanor.
Sec. 53a-109. Criminal trespass in the third degree: Class C misdemeanor. (a) A person is guilty of criminal trespass in the third degree when, knowing that such person is not licensed or privileged to do so: (1) Such person enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or are fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) such person enters or remains in any premises for the purpose of hunting, trapping or fishing; or (3) such person enters or remains on public land which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or is
fenced or otherwise enclosed in a manner designed to exclude intruders.
(b) Criminal trespass in the third degree is a class C misdemeanor.
[Sec. 13-32.] Sec. 13-10. Presence on School Property Between Sunset and Sunrise.
No person shall loiter or idle in any school building or in or on any school property between the hours of sunset and sunrise. No person shall be present in any school building or on any school property between the hours of sunset and sunrise without specific authorization from a duly authorized official or employee of the Board of Education, the Department of Parks and Recreation or any other department having jurisdiction over and control of the school buildings or property.
[Sec. 13-33. Discharging Firearms and Other Dangerous Weapons.9
a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun, sling shot, or bow and arrows, within the Town.
b) This Section shall not apply to the following circumstances:
1. In necessary self defense of persons or property;
2. A law enforcement officer in necessary performance of his duty;
3. For the purpose of target shooting or practice on a range operated by qualified personnel. Qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency; Effective July 2, 1980
4. For the purpose of target shooting on private premises with air, spring or CO2 operated BB, pellet guns or slingshots or bow and arrows,
(A) The target area is enclosed in such manner and with materials that will stop the projectiles.
(B) Such target shooting is supervised by an adult at all times.
(C) Any safety precautions recommended by the Chief of Police are complied with;
5. In an area recommended as a hunting area by the State and approved by the Chief of Police. Such area shall be posted as required by the Chief of Police and may be closed at any time by the Chief of Police;
6. Where a permit is issued by the Chief of Police;
7. Any military exercise or parade.]
9State Law C. G. S. §§Sec. 53-203; 53-206.
Sec. 53-203. Unlawful discharge of firearms. Any person who intentionally, negligently or carelessly discharges any firearm in such a manner as to be likely to cause bodily injury or death to persons or domestic animals, or the wanton destruction of property shall be fined not more than two hundred fifty dollars or imprisoned not more than three months or both.
Sec. 53-206. Carrying of dangerous weapons prohibited. (a) Any person who carries upon his or her person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon
or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture.
(b) The provisions of this section shall not apply to (1) any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) the carrying of a baton or nightstick by a security guard while engaged in the pursuit of such guard's official duties; (3) the carrying of a knife, the edged portion of the blade of which is four inches or over in length, by (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for
display at an authorized gun or knife show, (D) any person who is found with any such knife concealed upon one's person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman carrying such knife for lawful hunting, fishing or trapping activities, or (G) any person while participating in an authorized historic reenactment; (4) the carrying by any person enrolled in or currently attending, or an instructor at, a martial arts school of a martial arts weapon while in a
class or at an authorized event or competition or while transporting such weapon to or from such class, event or competition; (5) the carrying of a BB. gun by any person taking part in a supervised event or competition of the Boy Scouts of America or the Girl Scouts of America or in any other authorized event or competition while taking part in such event or competition or while transporting such weapon to or from such event or competition; and (6) the carrying of a BB. gun by any person upon such person's own property or the property of another person provided such other person has authorized the carrying of such weapon on such property, and the transporting of such weapon to or from such property.
[Sec. 13-34.] Sec. 13-11 Display of Firearms for Sale.
No person shall display or place on exhibition in any show window or other window facing upon any street, any pistol, revolver or other firearm, with a barrel of less than twelve inches in length.
[Sec. 13-35. Use or Possession of Dangerous Weapons by Minors,10
No person under the age of sixteen (16) years shall use or have in his possession, unless accompanied by his parent or guardian, any air gun, slingshot, bow and arrows, pellet gun or other dangerous weapon.
No parent or guardian of any such person shall knowingly permit any such person to use or have in his possession, when not properly accompanied, any air gun, slingshot, bow and arrows, pellet gun or other dangerous weapon.
The provisions of this Section shall not prohibit the transportation of any air gun, slingshot, bow and arrows, pellet gun or other dangerous weapon if the weapon is broken down so as to be inoperable and is encased.]
State Law: C. G. S. §53-206
10State Law Ref: As to carrying & sale of dangerous weapons, see C.G.S. Sec. 53-206.
[Sec. 13-36. Citizens Duty to Assist.
It shall be the duty of all persons in the town when called upon by any police officer to promptly aid and assist him in the execution of his duties unless such assistance would involve increased risk of injury to such person.]
Covered under State Law
[Sec. 13-37. Sounding Siren.
No person, except members of the Police Department, Fire Department or ambulance services, or Civil Defense, shall ring, use or otherwise sound any siren, whistle or any other device for making similar noise as used on such emergency vehicles, on any vehicle.
This Section shall not be deemed to prohibit the use of burglar alarm systems on any vehicle or the backing-up warning devices on any truck or other vehicle.]
State Law: use of sirens limited to emergency vehicles C.G.S. §19-80(f)
[Sec. 13-38. Unloading Coal.
No person shall unload, sift or otherwise disturb any coal unless such coal has been dampened or otherwise treated as to prevent the spread of coal dust.]
[Sec. 13-39.] Sec. 13-12. Playing in Streets.
No person shall play ball or engage in any other athletic activity or sport in any street.
[Sec. 13-40. Airguns Prohibited.
No person shall sell, or offer or expose for sale within the town any airgun, air rifle or similar device in which the expulsive or impelling force is compressed or condensed air.]
State Law: C. G .S. §53-206
ARTICLE [4] 3. CURFEW.
[Sec. 13-41.] Sec. 13-13 Minor Defined.
As used in this Article, minor shall mean any person under the age of sixteen [(16)] years.
[Sec. 13-42.] Sec. 13-14. Minors on Streets.
(a) No minor shall loiter, idle, congregate or otherwise be in or on any public street, highway, alley, park or other public place between the hours of 10:00 P.M. and 5:00 A.M., unless such minor is:
Accompanied by his parent or guardian or some other adult delegated by the parent or guardian to accompany such minor;
In any such place in connection with and required by some legitimate work, trade, profession or occupation in which such minor is engaged;
On an emergency errand or other legitimate business directed by his parent or guardian;
Returning home from a dance, party, or other function held under the auspices of a public, private, or parochial school, or any other organization approved by the Police Department; or
During the hours of employment in some occupation or business in which such minor may lawfully be engaged under State Law.
[Sec. 13-43.] Sec. 13-15. Responsibility of Parent or Guardian.
No parent or guardian of a minor shall permit such minor to be upon any of the streets, alleys, or public places between the hours of 10:00 P.M. and 5:00 A.M. except as provided in this Article.
It shall not constitute a defense that such parent or guardian did not have knowledge of the presence of the minor upon any of the streets, alleys, or public places.
ARTICLE [5] 4. ADULT READING MATERIAL.
[Sec. 13-44.] Sec. 13-16. Definitions.
As used in this Chapter, the following words and phrases shall have the following meaning:
a) "Adult Reading Material" means any magazine or newspaper which contains on the cover any photograph, picture, drawing or depiction of any of the following:
1. The complete exposure of the entire nipple area or entire areola area of any female breast or breasts except those of infants; and
2. The complete exposure of the entire genitalia or buttocks of either males or females, except those of infants. This definition of "adult reading material" does not include any medical publications or bona fide educational publications, nor does it include any art or photography publication which devotes at least twenty-five per cent (25%) of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs or nude or semi-nude persons in connection with dissemination of the news. Nor does this definition apply to publications which describe and report on different cultures, and which may, from time to time,
publish photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
b) "Display" means the exhibiting within the open view of patrons, invitee or other persons of adult reading material for sale. "Display" shall include the exhibiting of adult reading material from news racks or newspaper vending stands.
[Sec. 13-45.] Sec. 13-17. Display of Adult Reading Material Limited.
No person shall display adult reading material, or permit or allow the display of adult reading material, except as follows: The shelf, rack, stand or ledge upon which adult reading material is displayed shall be located behind a counter or other place not readily accessible to minors, or such adult reading materials shall be sealed in plastic or other suitable material or otherwise bound so as to prevent the viewing of the contents and all but the top two [(2)] inches of the cover of such adult reading materials by minors.
[Sec. 13-46.] Sec. 13-18. Exceptions.
Section 13-44 shall not apply to any establishment or portion thereof where in fact the entry of any person under eighteen [(18)] years of age is prohibited and which has notice posted accordingly.
[Sec. 13-47. Public Nuisance.
In addition to any other penalty provided by the Town Code, violation of any Section of this Article is declared to be a public nuisance and may be abated by the Town.]
Moved to Article 2. Nuisances
ARTICLE [6] 5. ALARM SYSTEMS
[Sec. 13-48.] Sec. 13-19. Short Title.
This article shall be known and may be cited as an "Ordinance Regulating the Use of Alarm Systems." July 2, 1980
[Sec. 13-49.] Sec. 13-20. Purpose and Definitions.
a) The purpose of this article is to reduce avoidable alarm signals and to encourage the use of reliable alarm systems.
b) For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
1. The term "alarm system" means an assembly of equipment and devices (whether operated by AC current supplied by a utility company or by battery, or a single device, such as a solid state unit, which plugs directly into a one hundred ten-volt AC line) arranged to signal the presence of a hazard requiring urgent attention, and to which police are expected to respond. In this article, the term "alarm system" shall include the terms "holdup alarm systems", "burglar alarm systems", and "automatic tape dialing device".
2. The term "alarm user" means any owner or occupant on whose premises an alarm system is maintained within the town except for alarm systems on motor vehicles or proprietary systems. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a• proprietary system), the person using such a system is an alarm user. Also excluded from this definition and from the coverage of this article are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located.If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this article.
3. The term "automatic tape dialing device" refers to an alarm device which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect. Specifically excluded from this definition are devices which send coded messages over regular telephone lines onto a receiver specifically designed to receive these coded signals. March 6, 1987
4. The term "hold-up alarm system" means any alarm system in which a signal is transmitted that requires a police response.
5. The term "burglar alarm system" refers to an alarm system
signaling an entry into the area protected by the system.
6. Alarm signals are defined and classified as follows:
a Avoidable alarm signal. An emergency signal transmitted to the emergency response authority and necessitating a response by them, which can be definitely classified as resulting from one of the following causes:
1. Intentional hold-up alarm system activation by the alarm user, or persons under his direct or indirect control, with the intent to summon the Police Department, where no threat of hold-up is present.
2. Intentional burglar system activation by the alarm user, or persons under his direct or indirect control, with the intent to summon the police where no threat of burglary is present.
3. Negligent activation of a burglar alarm by the alarm user, or persons under his direct or indirect control, when no threat of burglary is present
4. Negligent activation of hold-up alarm system by the alarm user, or persons under his direct or indirect control, when no threat of hold-upis present.
5. Alarm system malfunction. Activation of the alarm system caused by a defect in the alarm equipment or by improper installation.
6. Testing of the alarm system by the alarm user, or persons under his direct or indirect control without prior notice to the alarm monitoring facility and the police of such test.
b) Unavoidable alarm signal. An emergency signal transmitted to the emergency response authority and necessitating a response by them, which can definitely be classified as resulting from one of the following causes:
1. Acts of God, e.g., severe storm, flood, prolonged power outage, etc.
2. Telephone line malfunction.
3. Attempted break-in.
4. Actual break-in.
5. Fire or smoke.
6. Suspicious or unauthorized activity within neighborhood of premises.
7. The term "false alarm" means all of the items listed under subsection (6)a.
[Sec. 13-50.] Sec. 13-21. Requirements for Registration.
It shall be unlawful for any person, firm or corporation to own or to occupy any building or structure where there is installed an alarm system which is used or so installed that it can be used by such owner or occupant without registering the same with the Chief of Police as herein provided. Applications for registration shall be made within thirty days of any installation of an alarm system on forms provided by the Chief of Police and shall include the following information:
Name, address and telephone number of owner or occupant.
Address of place where device is installed and telephone number at that location.
Name and telephone number of any other person at a different location who is authorized to respond to any emergency and open the place where the device is installed.
Name, address and telephone number of company responsible for servicing the alarm.
[Sec. 13-51.] Sec. 13-22. Time of Registration; Fees.
Such registration shall be renewed on an annual basis by the first of May of each year. The fee for any registration of an alarm system, the fee for false alarms and the fee for any renewal of registration of an alarm system shall be as provided by the Town Council in the Schedule of Fees. (Effective: 10/23/92)
[Sec. 13-52.] Sec. 13-23. Prohibitions [Criminal Penalties].
It shall be unlawful for any owner or occupant to install, operate or cause to be installed, or operated, any alarm system unless such owner or occupant has complied with Sections 13-50 and 13-51 of this chapter.
It shall be unlawful to maintain, own or operate an alarm system which is defective or which is improperly used in that it causes more than three false alarms within a twelve-month registration period.
(Effective: 10/23/92)
It shall be unlawful to install or maintain an automatic tape dialing device that is or could be connected directly to the East Hartford Police Department.
It shall be unlawful to operate any alarm system that emits a sound beyond the boundaries of the property for any period of time in excess of thirty minutes. [The following fines will be imposed for false alarms: No charge for the first three false alarms; twenty-five dollars for the fourth and fifth false alarms; fifty dollars for the sixth through tenth false alarms; and seventy-five dollars for each false alarm thereafter.]
(Effective: 10/23/92)
Notwithstanding any other provisions of this Article, the first false alarm of any unregistered system shall not be considered a violation of this Article; however, the alarm system owner shall have seven days thereafter within which to register said system.(Effective: 10/23/92)
Notwithstanding any other provisions of this Article, the owner and/or the said building occupant of a new alarm system, shall have thirty days from the date of installation within which no false alarm shall be charged against that system [per paragraph subsection (d) of this section].
(Effective: 10/23/92)
[Sec. 13-53. Additional Criminal Penalties.
Any person, firm or corporation who violates any provisions of this Article shall be fined not less than twenty-five dollars nor more than one thousand dollars.]
[Sec. 13-54.] Sec. 13-24. Revocation of [Permit] Registration.
An alarm system user guilty of ten or more false alarms may have his or her [license] registration revoked or the Chief of Police may refuse to renew such registration. A copy of revocation shall be mailed to the alarm user by certified mail and revocation shall be effective three days after the receipt of the revocation notice by the alarm user. [The alarm user will be subject to Section 13-53 if operating a system without proper registration.]
[Sec. 13-55. Existing Installations.
Notwithstanding any other provisions contained herein, any police alarm systems which are installed and are in use or so installed that they can be put in use upon the effective date of this Article (March 6, 1987), need not be registered until sixty (60) days after the effective date of this article.]
Voted: 9/16/92
Published: 10/2/92
Effective: 10/23/92
[Sec. 13-56. Appeals Process.
Any person accused of violating any provision of this article shall have the right to appeal from any fines imposed which right, in order to be exercised prior to the matter's referral to the State Superior Court for enforcement, must be exercised within ten days of the date of written notice by the Town sent to the alleged violator. When an appeal is timely received by the office of the Town Clerk, a hearing shall be scheduled before a hearing officer who shall be designated by the Mayor, which officer shall not be a member of the town Police Department. Said officer shall conduct said hearing according to the procedures of the State Uniform Administrative Procedure Act, Connecticut General Statutes, Section 14-166 et. seq ]
ARTICLE [7] 6. Control of Noise Pollution Emitted by Sound Amplifying Equipment
[Section 13-57] Sec. 13-25. Purpose
The Town Council of the Town of East Hartford hereby finds and declares that excessive noise created by sound amplifying equipment such as radios, cassette recorders/players, compact disc players, television receivers, and instruments pose a serious hazard to the health, welfare and quality of life of East Hartford's residents. It also finds that excessive noise can inflict psychological and economic damage to persons submitted to such noise, and that such noise should be abated so that residents of the Town may enjoy an environment free from excessive noises which may jeopardize their health and welfare.
[Section 13-58.] Sec. 13-26. Definitions.
For the purposes of this Ordinance, the following definitions shall apply:
"Background Noise" shall mean noise which exists at a point as a result of the combination of many distant sources which are not distinguishable from other sources regulated pursuant to C.G.S. Section 22a-69.
"Daytime Hours" shall mean the hours of the day which are not nighttime hours.
"Nighttime Hours" shall mean the following:
9:00 p.m. Sunday through 7:00 a.m. on Monday
9:00 p.m. Monday through 7:00 a.m. on Tuesday
9:00 p.m. Tuesday through 7:00 a.m. on Wednesday 9:00 p.m. Wednesday through 7:00 a.m. on Thursday 9:00 p.m. Thursday through 7:00 a.m. on Friday
10:00 p.m. Friday through 9:00 a.m. on Saturday
10:00 p.m. Saturday through 9:00 a.m. on Sunday
"Decibel" (dB) is a unit of measurement of a sound level.
(e) "Sound" is a transmission of energy through solid, liquid or gaseous media in the form of vibrations which constitute alterations in pressure or position of the particles in the medium and which, in air, evoke physiological sensations including, but not limited to, an auditory response when impinging upon an ear. For the purposes of measuring such sound, the A scale (dBA) as specified in ANSI Specifications for Sound-Level meters, S1.4 — 1971 as revised, shall be used
(f) "Sound Amplifying Equipment" is any machine or device used to amplify the human voice, music or any other sound. Sound amplifying equipment or devices, as used in this ordinance, does not include warning devices used on emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
[Section 13-59.] Sec. 13-27. Prohibitions.
(a) No person shall operate in public or in private any sound amplifying equipment at a level above fifty-five (dBA) during daytime hours, or forty-five (dBA) during nighttime hours as measured from a point outside the property from which the sound originated unless the noise created by such sound amplifying equipment registers not more than five (dBA) higher than the background noise, provided that no source subject to the provisions of this section shall emit noise in excess of eighty (dBA) at any time.
[Section 13-60.] Sec. 13-28. Exemptions
Noise created by emergency activities authorized by State or local governmental authorities, or emergency vehicles such as fire trucks, police cars or ambulances.
Noise created to give warning of emergencies or signaling particular times of the day, such as church bells or clocks.
Noise generated by parades, carnivals and other special public social events, sporting events or celebrations sponsored by the Town, or a private entity which has been granted a valid permit by the Town to conduct such parade, carnival, social event, sporting event or celebration.
Section 13-60 Effective 01-03-03
[Section 13-61.] Sec. 13-29. Compliance with Request from Police Officers.
If a police officer has reason to believe that there is a violation of this Article, such officer may request that a person turn down or off the sound amplifying equipment suspected of generating the noise so that measurements of ambient noise may be made. Refusal to turn down or off such sound amplifying equipment shall be a violation of this Section.
Voted: 10-16-01
Published: 11-29-01
Effective: 12-20-01
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