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New Canaan Parking Commission upholds citation for driver in no-parking zone; waives late fee
Summary
At its March meeting the New Canaan Parking Commission voted 5-0 to uphold a citation issued to a driver who parked in a no-parking zone; the commission said the citation stands but waived any delay fee.
Chairman Nancy Bemis said at the March meeting of the New Canaan Parking Commission that the panel had voted to uphold a parking citation issued to Jane Shapiro for parking in a posted no-parking zone, but the commission would not apply a delay fee.
The commission said Shapiro had a valid disabled-parking permit but that a permit does not permit illegal parking. "A handicap permit does not supersede illegal parking," Bemis said during the discussion. Shapiro told the panel she had a disabled placard and severe knee pain that day and that she was gone from the vehicle for about six minutes while retrieving an order. "I was really in pain that day," Shapiro said.
The commission reviewed two officers' reports about the incident. Staff explained the first officer who issued the ticket did not observe anyone in the vehicle at the moment the citation was written; a second officer arrived later and spoke with the occupant. Commission members asked whether nearby handicapped spaces were occupied by vehicles without visible permits; staff said officers check dashes, visors and consoles for permits and could look up whether additional tickets were issued in the same time window.
Members discussed enforcement practice and precedent. Commissioners said they sympathized with drivers with mobility limitations but did not want to establish a rule allowing drivers with disabled-parking permits to park in posted no-parking areas. The panel also considered whether the situation would have been treated differently if the driver had been double-parked briefly to unload; members said officers exercise judgment and try to move people along before issuing citations when feasible.
After discussion the commission voted to uphold the citation by a 5-0 tally and directed staff to notify Shapiro of the decision. Commission members clarified that while the citation was upheld, the commission would not assess a delay fee in this case.
The commission’s action applies only to the citation in question; members said it does not change the town’s parking regulations or enforcement policy. Staff agreed to follow up on whether other handicapped-space tickets were issued at the same time and to report back if needed.
