City Council

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov PUBLIC HEARING NOTICE Who: City Council members When: Wednesday, December 17, 2025 6:30 PM Where: Chambers, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: 1. Amended Ord. Sec:46-3: All-Terrain vehicles, utility terrain vehicles, dirt bikes and mini-motorcycles; operation prohibited on city property 2. New Ord. Sec. Sec: 46-6: Street Takeovers 3. Amended Ord. Sec. 20-99: Definitions (Housing Inspector) 4. Amended Ord. Sec. 20-137: Penalties for violation of abatement order 5. Resolution: CT City and Town Development Act *Agenda Items on file in the Legislative Assistant’s Office and on the City website. Noticed: Corporation Counsel Mayor’s Office Posted: Town Clerk Information Board City Website Calendar  1 ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: THAT Section 46-3 of the Code of Ordinances is hereby amended by: Repeal the existing language, and the following is substituted in its place: Sec. 46-3. - All-terrain vehicles, utility terrain vehicles, dirt bikes and mini-motorcycles; operation prohibited on city property. (a) Generally. The purpose of this section is to prohibit the operation of all-terrain vehicles, dirt bikes and mini-motorcycles and all motorized vehicles as defined in Chapter 255 of the C.G.S. on property owned by or under the control of the City of Danbury, specifically and especially on public streets, sidewalks and in any public spaces, thereby preventing damage to flora and fauna and to hiking trails, stone walls, and other physical features of the city's parks, public places and streets, promoting the safe use of these areas, and insuring that these areas are protected for the benefit of all users of the city's parks and public places, all as authorized and as consistent with Chapter 255 of the C.G.S. (b) Definitions. As used in this section, the following terms shall have the meanings described herein, unless the context clearly indicates that a different meaning is intended. All-terrain vehicle means a self-propelled vehicle designed to travel over unimproved terrain and which has been determined by the Commissioner of Motor Vehicles to be unsuitable for operation on the public highways in accordance with C.G.S. § 14-387. In accordance with C.G.S. § 14-387, this definition may be deemed to include "utility terrain vehicles". Dirt bike means a two-wheeled motorized recreational vehicle designed to travel over unimproved terrain and not designed for travel on a highway, as defined in C.G.S. § 14-1. "Dirt bike" does not include an all-terrain vehicle, as defined in C.G.S. § 14-379, or a motor-driven cycle, as defined in C.G.S. § 14-1. Mini-motorcycle shall have the same meaning as provided in C.G.S. § 14-289j. Operate means to ride, control the course of or otherwise use an all-terrain vehicle, dirt bike or mini-motorcycle. UTV means larger sized ATV-type vehicles used more for commercial than passenger purposes. (c) Prohibited acts. In addition to such rules of operation as set forth in C.G.S. § 14-387 of Chapter 255, no person shall operate and no owner shall permit the operation of any all-terrain vehicle, dirt bike or mini-motorcycle upon property owned, leased or controlled by the City of Danbury except within areas specifically designated and posted by the city for all-terrain vehicle, dirt bike or mini-motorcycle use. No person operating an all-terrain vehicle, dirt bike or mini- motorcycle on property owned, leased or controlled by the City of Danbury shall refuse to stop his all-terrain vehicle, dirt bike or mini-motorcycle after being requested or signaled to do so by an authorized law enforcement officer or by an authorized agent of the City of Danbury. (d) Posting. Notice of the prohibitions established by this section shall be given by posting signs at various locations on city owned property warning all-terrain vehicle, dirt bike or mini- motorcycle users that the use of such all-terrain vehicles, dirt bikes or mini-motorcycles on city property is prohibited. Failure to post such signs or failure to post such signs at specific locations shall not be a defense to any prosecution or claim brought based on a violation of this section. (e) Exemptions. The provisions of subsection (c) hereof shall not apply to authorized law enforcement officers or authorized agents of the City of Danbury who operate all-terrain vehicles, dirt bikes or mini-motorcycles while in the performance of their official duties. (f) Penalties; liability. Pursuant to all enforcement and control provisions of C.G.S. §§ 14-388, 14-390 and 14-390m, any person who violates the provisions of this section shall be subject to an infraction and/or at the election of the municipal enforcement authority, a penalty in the amount of one thousand dollars ($1,000.00) for a first violation, one thousand five hundred dollars ($1,500.00) for a second violation and two thousand dollars ($2,000.00) for a third or subsequent violation, and as may be subsequently revised by state law. In addition, the operator or owner, or both, of an all-terrain vehicle, dirt bike or mini-motorcycle shall be responsible and held accountable to the City of Danbury for damage to trees, shrubs, crops, fences or other property caused by operation of such all-terrain vehicle, dirt bike or mini-motorcycle on land of the City of Danbury or where consequential damage has resulted from such operation. In any prosecution or action for damages hereunder, proof of the registration number of such vehicle(s) as may be applicable, shall be prima facie evidence that the owner was the operator. (g) Seizure, storage and forfeiture. (1) In addition to the penalties provided for in subsection (f) of this section, and, consistent with the seizure and forfeiture provisions of Chapter 255 of the C.G.S. §§ 14- 390 and 14-390m, and subject to lien or security interests set forth in the next section hereof, any all-terrain vehicle, dirt bike or mini-motorcycle used in the commission of a violation of this section shall be subject to seizure, forfeiture sale at auction or destruction by the City. (2) Seizure of and forfeiture of any all-terrain vehicle, dirt bike or mini-motorcycle to the city shall be subject to any bona fide lien, lease or security interest in the all-terrain vehicle, dirt bike or mini-motorcycle, including, but not limited to, a lien under C.G.S. § 14-66c for costs and expenses including penalties pursuant to subsection (f) hereof and reasonable daily storage and related expenses. No all-terrain vehicle, dirt bike or mini- motorcycle shall be forfeited under the provisions of this subsection to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such all-terrain vehicle, dirt bike or mini-motorcycle was being used or was intended to be used in violation of this section, and such owner or lienholder collects such all- terrain vehicle, dirt bike or mini-motorcycle not later than ninety days after the date,  whichever is later, that the municipality (1) posts notice on the municipality’s website indicating that such all-terrain vehicle, dirt bike or mini-motorcycle shall be forfeited if not collected within such ninety-day period, and (2) mails such notice to such owner or lienholder. (3) Any all-terrain vehicle, dirt bike or mini-motorcycle ordered forfeited pursuant to the provisions of this subsection shall be sold at public auction conducted by the City or destroyed by the City. The proceeds of such sale shall be deposited in the General Fund of the City. (h) Municipal Enforcement Authority. The enforcement authority pursuant to this section shall be deemed to be the Danbury Police Department. (i)Hearing/Payment Process A person against whom an assessment or fine has been entered, or whose vehicle has been seized, pursuant to Section (g)(1) shall be entitled to a Hearing in accordance with the procedures set forth in Chapter 2 Section 2.3 of this Code.  ORDINANCE 2 CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: That the Code of Ordinances of Danbury, Connecticut is hereby amended by adding to Chapter 44, entitled “Street Takeovers,” consisting of one (1) new section, which said sections read as follows: SEC. 46-6. Street Takeovers. (a) Generally. This ordinance is enacted pursuant to Connecticut Public Act 25-80, in order to protect public safety, preserve the orderly use of public highways and parking areas, and deter illegal street takeovers in the City of Danbury. (b) Definitions. As used in this section, the following terms shall have the meanings described herein, unless the context clearly indicates that a different meaning is intended. Street Takeover: As defined in C.G.S. § 14-224(c)(1), “Street Takeover” shall mean, the unauthorized occupation of any portion of a public highway or parking area by blocking or impeding the regular flow of traffic with the intent to cause disorder or create a nuisance for other users of such highway or parking area. Participant. Any person who organizes, promotes, participates in, or gathers with intent to observe and actually observe a street takeover in the City of Danbury. (c) Prohibited Conduct. No person shall organize, promote, participate in, or gather to observe and actually observe a street takeover within the City of Danbury. (d) Penalties. Pursuant to Public Act 25-80 and C.G.S § 14-224(g)(2), as amended by Public Act 25- 80, any person who violates the provisions of this section shall be subject to criminal penalties and/or at the election of the municipal enforcement authority, a fine in the amount of one thousand dollars ($1,000.00) for a first violation, one thousand five hundred dollars ($1,500.00) for a second violation and two thousand dollars ($2,000.00) for a third or subsequent violation. (e) Vehicle Seizure. Any vehicle used in violation of this section shall be impounded until: i. the fine imposed pursuant to Section (d) is paid; and ii. any related charges, including but not limited to, towing and storage fees, are paid; and iii. any overdue property taxes on such vehicle imposed pursuant to Chapter 203 of the general statutes are paid. (f) Forfeiture and Destruction of Forfeited Vehicles. The impounded vehicle shall be deemed forfeited to the City of Danbury if, after six months following such impoundment, and notice to the owner or lienholder pursuant to Section (g), the owner or lienholder of such vehicle has failed to pay such fines and related charges. Any vehicle forfeited pursuant to the provisions of this section shall be sold at public auction conducted by the City, or destroyed. The proceeds of such sale shall be deposited in the General Fund of the City. (g) Notice. No vehicle shall be forfeited under the provisions of this subsection to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person, if such owner or lienholder did not know and could not have reasonably known that such vehicle was being used, or was intended to be used in violation of this section, and such owner or lienholder collects the vehicle and pays all fines, costs and taxes as set forth in Section (e) not later than si x months after the date that the municipality: (1) posts notice on the municipality’s website indicating that such vehicle, shall be forfeited if not collected within a six (6) month period, and (2) mails such notice to such owner or lienholder. (h). Enforcement. The enforcement authority pursuant to this section shall be deemed to be the Danbury Police Department. (i) Hearing/Payment Process. A person against whom an assessment or fine has been entered, or the owner/lienholder of the vehicle seized pursuant to Section (f), shall be entitled to a Hearing in accordance with the procedures set forth in Chapter 2 Section 2.3 of this Code.  3 ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: THAT Section 20-99 of the Code of Ordinances is hereby amended by: Deleting the definition of Housing Inspector, and adding the following in its place. Sec. 20-99. Definitions. Housing Inspector means the Director of Health and Human Services (Director), except that it means the Fire Marshal with respect to any nuisance or other condition which constitutes a serious fire hazard. The Director may deputize one (1) or more members of their department to act for them. If the Zoning Enforcement Officer, the Fire Marshal, the Building Official or a member of the Unified Neighborhood Inspection Team, upon inspecting any dwelling, discovers any condition that may constitute a violation of this article, they shall promptly report the condition to the Director so that they may take any action deemed necessary under this article, provided that no order or other enforcement action shall be issued unless approved and signed by the Director.  4 ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: THAT Section 20-137 of the Code of Ordinances is hereby amended by: Repeal the existing language, and the following is substituted in its place. Sec. 20-137 Penalties for violation of abatement order. (1) Any owner, owner’s agent, or occupant who has not complied with an order of abatement shall be subject to civil penalties as allowed by General Statutes § 7- 148(c)(7)(A)(i), provided that if multiple violations are found on the same date, such violations shall be enforced as one violation. Such penalties shall be imposed according to the following schedule: a. If the violation has not been abated within thirty (30) days of the issuance of the order of abatement, a penalty of five hundred dollars ($500.00) shall be imposed. b. If the violation has not been abated within sixty (60) days from the date of the order of abatement, an additional penalty of one thousand dollars ($1,000.00) shall be imposed. c. If the violation has not been abated within ninety (90) days of the order of abatement, an additional penalty of two thousand dollars ($2,000.00) shall be imposed. d. Thereafter, an additional penalty of two thousand dollars ($2,000.00) shall be imposed for every additional thirty (30) day period until the violation has been abated. (2) Any such owner or agent assessed a civil penalty or penalties pursuant to Section 20- 137(1) shall have the right to appeal the penalty to the City Council on the ground that such violation has been proximately caused by a tenant’s or subtenant’s reckless or willful act. Any such appeal shall be filed in the Office of the Legislative Assistant no later than ten (10) days after receiving written notice of the penalty from the Director of Health and Human Services. This right of appeal is in addition to the right of appeal from an order of abatement pursuant to Section 20-141 of this article. (3) The City Council shall schedule a hearing to be held within forty-five (45) days of the filing of the appeal and shall serve the appellant with notice of the time and place where said hearing is to be held at least ten (10) days prior to said hearing. (4) At the hearing, the appellant shall be given an opportunity to show cause why the penalty should be withdrawn because the violation was proximately caused by a tenant’s or subtenant’s reckless or willful act, or why the period of time permitted for payment of the penalty should be extended. (5) The City Council shall render a decision within thirty (30) days after said hearing and shall serve the appellant with notice of its decision, in the manner provided for service of notice in Section 20-136, within five (5) days of the date of said decision. (6) The City Council shall have the power to affirm, modify, or revoke the order, and may grant an extension of time for payment of the penalty of not more than two (2) additional months when the City Council finds that there is practical difficulty or undue hardship connected with the payment of the penalty, or that such extension is in harmony with the general purpose of this article to secure the public health, safety and welfare. (7) There will be a fee of fifty dollars ($50.00) assessed for each appeal filed with the City Council. Said fee must be paid in full on or before the scheduled date of hearing, or the hearing shall be considered withdrawn. All penalties upheld by the City Council shall be collected by the Director of Health and Human Services and deposited into the general fund of the City of Danbury and/or into such funds described and contained within the provisions of this article. (8) The City of Danbury shall have a lien for penalties under this section, which lien shall have priority over all other liens and encumbrances, except taxes and assessments recorded before the existence of the lien. The provisions of section 20-136(f) shall apply to any such liens.  RESOLUTION 5 CITY OF DANBURY, STATE OF CONNECTICUT 2025 ADOPTING THE CONNECTICUT CITY AND TOWN DEVELOPMENT ACT AND AUTHORIZING THE CITY OF DANBURY TO UNDERTAKE PROGRAMS AND PROJECTS AUTHORIZED UNDER SAID ACT. WHEREAS, Chapter 114 of the General Statutes of Connecticut, Sections 7-480 to 7-503, inclusive, as amended from time to time (the “Act”), provides that municipalities which have found and determined that conditions substantially as described in Section 7-481 of the Act exist in the municipality, are continuing, and may be ameliorated by the exercise by the municipality of the powers granted under the Act, may adopt the Act; and WHEREAS, in order to exercise the powers conferred upon municipalities under the Act for a period which may not exceed five years, the legislative body of a municipality must determine by resolution that conditions substantially as described in Section 7-481 of the Act exist, and such resolution must include certain findings and determinations and standards as required under Section 7-485 of the Act for implementation of the powers granted under the Act; and WHEREAS, any action taken in the exercise of any powers granted under the Act by a municipality may only be taken after approval of such action by the legislative body of such municipality, which approval must be by resolution adopted in accordance with the Act; and WHEREAS, pursuant to the Act, a municipality shall have the power to issue its notes and bonds for achieving the purposes of the Act, including the making of mortgage loans and loans to sponsors, the acquisition of development property, the establishment of reserves to secure such notes and bonds, interest on such notes and bonds during construction and for one year thereafter, and the payment of expenses incident to or necessary for furtherance of the purposes of the Act; and WHEREAS, the City of Danbury, Connecticut (the “City”) considers any level of unemployment unreasonable and any obsolete residential, industrial, commercial and manufacturing facilities unacceptable, and continually seeks innovative approaches to attracting jobs to the City, constructing and holding residential, non-residential, industrial, commercial and manufacturing facilities, and eliminating vacant facilities which are a blighting influence; and WHEREAS, the ordinary operations of private enterprise cannot deal effectively with these problems without the powers provided under the Act, and the exercise of the powers conferred upon the City by the Act are critical to revitalizing the City; and WHEREAS, the members of the City Council have general knowledge of the conditions within the City relating to the rate of unemployment, the obsolescence of many of the City’s residential, commercial, industrial and manufacturing facilities and the need for the City to retain and attract new residential, commercial, industrial and manufacturing facilities; and WHEREAS, the City continues local efforts to address the needs of its citizens as stated above by reducing blight, increasing the tax base and creating opportunities for employment; and WHEREAS, the City Council is generally aware of the requirements imposed upon municipalities by the Act; and WHEREAS, it is in the interest of the City to implement the provisions of the Act as soon as possible in order to take advantage of the provisions of the Act. NOW, THEREFORE, BE IT HEREBY RESOLVED: That the City Council hereby makes the following findings and determinations and the following standards for the implementation of the powers granted under the Act: (1) it is unreasonable that any number of residents of the City are subject to hardship in finding employment and adequate, safe and sanitary housing; (2) any conditions of blight and deterioration that exist in the City must be addressed and the City would substantially benefit from the renovation, rehabilitation or construction of commercial or residential properties; (3) private enterprise is not meeting such need for employment, housing, the reduction of blight and deterioration, or the renovation, rehabilitation or construction of commercial or residential properties; (4) the need for employment and adequate, safe and sanitary housing will be lessened and the City will be revitalized by the exercise of the powers granted under the Act; (5) adequate provisions shall be made for the payment of the cost of acquisition, construction, operation, maintenance and insurance of all development property; (6) a feasible method exists and shall be utilized for the relocation into safe and sanitary dwellings of comparable rent of families and individuals displaced as a consequence of the exercise of any power granted under the Act and such families and individuals shall not suffer disproportionate injuries as a result of actions authorized by the Act for the public benefit; (7) development property shall not be acquired or disposed of without due consideration of the environmental and economic impact of such acquisition or disposition and the adequacy of existing or proposed municipal services; and (8) the acquisition or disposition of all development property shall advance the public interest, general health, safety and welfare, and development, growth and prosperity of the City. RESOLVED: That anything contained in this Resolution to the contrary notwithstanding, it is the intention of this City Council that by adopting this Resolution it is conferring upon the City all of the authority, powers, rights and obligations conferred upon municipalities under the provisions of the Act, and that the City will have sufficiently complied with the Act so as to be able to exercise all of the powers conferred upon municipalities under the Act in accordance with said Act. RESOLVED: That the City Council hereby adopts this Resolution and the Act. RESOLVED: That the effective date of this Resolution shall be the date of its adoption by the City Council, and this Resolution shall be effective for a period of five years from such effective date.