AGO 1990-019.

• Case Date: June 07, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-019. June 7, 1990Opinion No. 1990-019Major John WatsonExecutive OfficerConnecticut State Police100 Washington StreetHartford, Connecticut 06106 Dear Major Watson: In a letter to us, Lieutenant Colonel John A. Mulligan requested our advice regarding the propriety of state police and local constables entering upon private property for the purpose of enforcing an ordinance of the town of Woodbury regarding the removal of junked cars from private property. We conclude that neither the resident state trooper nor the local constables, while they are acting under the trooper's supervision and direction, may be designated to enforce the ordinance. Pursuant to Conn. Gen. Stat.§e14-150a: Any municipality may, by action of its legislative body, provide for the removal of abandoned, inoperable or unregistered motor vehicles within the limits of such municipality which remain unremoved for thirty days after: (1) Notice to the owner of the property on which such motor vehicle so remains, requesting removal of such motor vehicle and (2) notice in a newspaper having a substantial circulation in such municipality. The legislative body shall designate the local board or officer who shall be responsible for notifying such owner, causing publication of the general notice and for removal and disposition of such motor vehicles. The town of Woodbury, in accordance with the above statute, has adopted an ordinance1 which provides that no person shall leave any motor vehicle which is in a wrecked, dismantled, partially dismantled, inoperative or junked condition, whether registered or not, upon any property other than his own for more than twenty-four (24) hours. Woodbury, Conn. Ordinances, Section 11-2(a)(1). Unregistered motor vehicles in the above-stated condition cannot be left on a person's own property for more than seventy-two (72) hours. Woodbury Conn. Ordinances, Section 11-2(a) (2).2 In each case the ordinance declares the presence of such motor vehicle a public nuisance which may be abated in accordance with the provisions of the ordinance. As to the first type of motor vehicle the ordinance requires that the procedures set forth in Conn. Gen. Stat.§e14-150 be followed. As to the second type of motor vehicle the ordinance provides that: (2) Upon the determination by any police officer agent that...