HISTORY: Adopted by the Town Council of the Town of North
Branford 2-15-2022 by Ord. No.
260. Amendments noted where applicable.
The purpose of this chapter is to regulate the operation and
use of pocket bikes, minibikes, dirt bikes, all-terrain vehicles and
any other similar vehicle on all public property and private property
within the Town of North Branford, as authorized by § 14-390(a)
of the Connecticut General Statutes. This chapter is intended to regulate
the operation and use of such vehicles in a manner not inconsistent
with the provisions of §§ 14-379 to 14-390 of the Connecticut
General Statutes, inclusive, or any regulations adopted pursuant thereto.
As used in this chapter, the following terms shall have the
meanings indicated:
A self-propelled vehicle designed to travel over unimproved
terrain as defined in Connecticut General Statutes § 14-379
and which has been determined by the Commissioner of Motor Vehicles
to be unsuitable for operation on the public highways.
A two-wheeled motorized recreational vehicle designed to
travel over unimproved terrain and not designed for travel on a highway,
as defined in Connecticut General Statutes § 14-1. "Dirt
bike" does not include an all-terrain vehicle, as defined in Connecticut
General Statutes § 14-379, or a motor-driven cycle, as defined
in Connecticut General Statutes § 14-1.
Any electric personal assistive mobility device (hereinafter
"EPAMD") that is self-balancing, has two nontandem wheels, is designed
to transport one person, and has an electric propulsion system that
produces an average power output of no more than 750 watts.
Pocket bikes, miniature (hereafter "mini") bikes, mini cycles,
mini sport bikes, mini motorcycles, chopper scooters, and any other
similar wheeled vehicle designed to transport one or more persons
that is powered by any type of motor.
Any motorcycle, motor scooter, or bicycle with an attached
motor, with a seat height of not less than 26 inches, and a motor
having a capacity of less than 50 cubic centimeters of piston displacement.
A wheeled vehicle, with a motor, intended to be ridden by one
or more persons and shall include "all-terrain vehicle," "minibike,"
"dirt bike," "motor-driven cycle," "snowmobile," and "mini cycle,"
all as defined herein.
"Motorized recreational vehicle" shall not be deemed to include
any of the following:
Any registered "motorcycle" as defined in the Connecticut General
Statutes § 14-1(59);
Any registered "motor vehicle" as defined in Connecticut General
Statutes § 14-1(58);
Any moped that meets Federal Department of Transportation guidelines
for use on streets and is approved by the State of Connecticut Department
of Motor Vehicles for use on streets; provided, however, the moped
is operated pursuant to all applicable state laws, rules, and regulations
and all Town of North Branford ordinances;
Any wheelchair or similar mobility-assisting device utilized
by a person with a physical disability or whose ambulatory mobility
has been impaired due to age or physical ailment;
Any self-propelled snowplow, snowblower, or lawn mower when
used for the purpose for which it was designed and operated at a speed
not to exceed four miles per hour;
Any vehicle owned or leased by the Town of North Branford;
Any EPAMD as defined herein;
Any bicycle or trail bike without a motor;
Any golf cart;
Any agricultural equipment such as tractors and farm implements;
Any construction machinery; and
Any vehicle that is used solely for amusement or as a novelty
display item and is operated during a parade or any other special
event that is properly permitted and approved by the Town of North
Branford.
Any person engaged in the business of manufacturing or selling
any motorized recreational vehicles, having an established place of
business for the manufacture, sale, trade, and display of such vehicles.
Includes all public property, including, but not be limited
to, sidewalks, streets, roads, public rights-of-way, playgrounds,
parks, fields, property owned by a land trust, municipal land, and
educational facilities.
A vehicle with a motor, with runners in the front and caterpillar
tracks in the rear, intended to be used by one or more persons for
traveling over ice and snow.
A.
Public
property. No person shall operate or cause to be operated any motorized
recreational vehicle upon or within the limits of any public property
within the Town of North Branford.
B.
Passenger.
No person shall ride as a passenger on a motorized recreational vehicle
or for the owner of such vehicle to knowingly permit a person to ride
as a passenger on such vehicle upon or within the limits of any public
property within the Town of North Branford.
C.
Private
property. No person shall operate or cause to be operated any motorized
recreational vehicle upon or within the limits of any private property
within the Town of North Branford without first obtaining the written
permission of the property owner or owners. Written permission shall
not be required if the operator, passenger or owner of the motorized
recreational vehicle in use is also the owner of the real property
upon which such vehicle is being used.
D.
EPAMD.
No person shall operate or cause to be operated an EPAMD upon or within
the limits of any public property within the Town of North Branford,
except as provided herein. An EPAMD may be operated on any designated
bike lane or sidewalk and/or crosswalk. Such operator must adhere
to the regulations of such travel lane as defined by the Traffic Commission
and in no instance shall the speed of operations exceed five miles
per hour on any sidewalk. Where no such bike lane or sidewalk exists,
an EPAMD may be legally operated on the far-right side of the street.
An operator of an EPAMD shall yield to pedestrians and any wheelchair
or similar mobility-assisting device and shall comply with any applicable
State of Connecticut laws or regulations.
[Amended 6-21-2022 by Ord. No. 261]
Violation of any section of this chapter shall result in the
following penalties:
B.
Any person
aged 16 or older who rides as a passenger in violation of this chapter
shall be fined $250.
C.
Any person
in violation of this chapter may be detained by a police officer for
purposes of enforcing the provisions of this chapter.
D.
Any person who operates an EPAMD in violation of § 221-3D above or is the owner of an EPAMD who knowingly permits its operation in violation of § 221-3D above that has been previously issued one warning as the result of a previous violation of § 221-3D above shall be fined $250.
[Amended 6-21-2022 by Ord. No. 261]
A.
In accordance
with the authority granted by Connecticut General Statutes § 14-390a(2),
as amended by HB 5726, any person who operates a motorized recreational
vehicle in violation of this chapter or is the owner of any such vehicle
who knowingly permits its operation in violation of this chapter will
be subject to seizure of said vehicle(s) pursuant to Connecticut General
Statutes § 54-33g, which allows for seizure of property.
A police officer who observes any motorized recreational vehicle being
operated in violation of this chapter may detain such person for purposes
of enforcing the provisions of this chapter and may remove or tow
such motorized recreational vehicle to a secure location for impoundment.
Before the owner of any such impounded property may remove the vehicle
from a vehicle pound, he/she shall furnish to the operator of such
pound or such other person as the Chief of Police shall designate
evidence of registration and ownership, shall sign a receipt for such
property, and shall pay the cost of towing plus the cost of storage
for each day or portion of a day that such property is stored in excess
of the first 24 hours after seizure. The operator of such pound shall
refuse the release of any such property lawfully seized that the Chief
of Police has authorized to hold as evidence in a criminal investigation
or proceeding. Such operator shall obtain written permission from
the Chief of Police on any form or document prescribed by the Chief
of Police prior to the release of such property held for evidence.
B.
Any such
motorized recreational vehicle that is not claimed by its owner under
the terms of this section for a period of 45 days after seizure or
in the case of a vehicle being held as evidence not claimed by its
owner within 45 days of the cessation of such investigation or disposition
of such criminal proceeding, whichever is later, may be disposed of
at the direction of the Chief of Police after serving notice in the
same manner as that required for the disposal of abandoned vehicles
under Connecticut General Statutes § 14-150(e), except in
the case that a vehicle that is not registered, such notice shall
not require mailing to persons whose names are registered with the
State Department of Motor Vehicles.
A.
A hearing
officer shall be appointed by the Mayor subject to the approval of
the Town Council to conduct hearings authorized by this section. Such
hearing officer shall work with the Chief of Police in the scheduling
of hearings held pursuant to this chapter. The Chief of Police or
his or her designee shall represent the Police Department at such
hearing. A sworn police incident report shall be considered prima
facie proof of the violation. The alleged violator (hereinafter referred
to as the "defendant"), owner or lienholder may cross-examine any
witness and present evidence and argument in opposition to the Town's
claim. After the hearing as provided by this section, the hearing
officer may order the forfeiture of any motorized recreational vehicle
that has been seized and/or determine the amount of and assess and
enter on the record the fines, penalties, costs or fees against the
defendant upon proof of conduct amounting to probable cause for a
violation of this chapter or any other Town ordinance or state law
pursuant to the process provided herein. Written notice advising the
recipient of the right of the owner or lienholder of the motorized
recreational vehicle and/or the defendant to a hearing prior to the
disposal of the motorized recreational vehicle or assessment of fines,
penalties, costs or fees will be delivered on a form approved by corporation
counsel and Board of Police Commissioners to any lienholder and to
the owner of the motorized recreational vehicle, or, if no owner can
be identified, to the rider, within 30 days of the seizure and the
defendant. A written request for a hearing before a hearing officer
must be received, by hand delivery or certified mail, return receipt
requested, to Hearing Officer, in care of the Chief of Police, North
Branford Police Department, 260 Forest Road, Northford, Connecticut
06472, within 30 days of receipt of the notice. Said request for a
hearing by an owner must be submitted with proof of ownership or by
a lienholder with proof of lien or other security interest in the
motorized recreational vehicle.
[Amended 6-21-2022 by Ord. No. 261]
B.
Said hearing
shall be conducted by the hearing officer and shall be held not more
than 30 days after the receipt of the written request, except that
written requests for an extension of time may be granted for good
cause shown. Notice of the date and time of said hearing shall be
provided to the owner or lienholder and defendant no later than 10
days before the date of the hearing by electronic delivery and/or
by certified mail, return receipt requested, at the email or residential
address provided by the owner or lienholder and defendant in the written
request for a hearing.
[Amended 6-21-2022 by Ord. No. 261]
C.
Any party
to the hearing may, at his/her expense, record the hearing. Any party
to the hearing may be represented by counsel.
D.
A motorized
recreational vehicle may be ordered forfeited and/or fines, penalties,
costs or fees assessed upon a finding of any, but not limited to,
of the following:
[Amended 6-21-2022 by Ord. No. 261]
(1)
There
is probable cause to believe that the motorized recreational vehicle
was possessed, controlled, or designed for use, or is or has been
or is intended to be used, to violate, or in violation of any Town
ordinance or state statute;
(2)
There
is probable cause to believe that the motorized recreational vehicle
was operated with reckless and wanton disregard for the welfare or
property of others; or
(3)
There
is probable cause to believe that the defendant has violated this
chapter.
E.
Following
the hearing, the hearing officer who conducted the hearing shall issue
a written decision ordering the forfeiture of the motorized recreational
vehicle or ordering the return of the motorized recreational vehicle
to its owner, except that the hearing officer who conducted the hearing
shall not order the release of any motorized motor vehicle that is
required to be kept as evidence in any investigation or legal proceeding
related to any criminal or motor vehicle offense. The hearing officer
shall further, if applicable, issue a written decision regarding the
assessment of fines, penalties, costs or fees.
[Amended 6-21-2022 by Ord. No. 261]
F.
Any motorized
recreational vehicle that is subject to a bona fide mortgage, assignment
of lease or rent, lien, or security interest shall not be ordered
forfeited in violation of the rights of the holder of such mortgage,
assignment of lease or rent, lien, or security interest.
G.
Any motorized
recreational vehicle ordered forfeited shall be disposed of consistent
with applicable law.
H.
If within
30 days of the delivery of the notice of the right to a hearing under
this section, no owner or lienholder of the motorized recreational
vehicle has requested a hearing, the vehicle will be considered abandoned
and disposed of under applicable law.
I.
If within
30 days of mailing of notice of assessment such assessment is not
paid, the Town may proceed to obtain a judgment pursuant to Connecticut
General Statutes Section 7-152c.
[Added 6-21-2022 by Ord. No. 261]
A.
Each motorized
recreational vehicle dealer offering for sale, lease, or rental any
motorized recreational vehicle shall post this chapter in a prominent
location at the motorized recreational vehicle dealer's place of business.
B.
Any such
motorized recreational vehicle dealer who violates any provision of
this section shall have committed an infraction. For a first violation,
the Chief of Police or his/her authorized agent shall issue a written
warning providing notice of the specific violation and the time period
within which it shall be corrected. If the dealer receiving the written
warning fails to correct the violation within the time period specified
in the warning, the Chief of Police or his or her authorized agent
shall issue a fine of $100. Any continuing violation that is discovered
during any subsequent reinspection shall result in a fine of $100.
Each reinspection at which a violation is discovered shall constitute
a separate violation.
A.
No owner
or employee of any retail dealer of gasoline shall sell, offer for
sale, or attempt to sell any article or product represented as gasoline
for use in any motorized recreational vehicle as defined in this chapter,
unless that vehicle is conveyed to and from the retailer's premises
by a registered motor vehicle, as defined in Connecticut General Statutes
§ 14-1, as may be amended, and no individual shall purchase
or attempt to purchase gasoline for use in any motorized recreational
vehicle as defined in this chapter.
B.
Signs with
the words "FUELING OF ALL-TERRAIN VEHICLES, MINI CYCLES, DIRT BIKES,
OR OTHER UNAUTHORIZED VEHICLES PROHIBITED" in English and "PROHIBIDO
DESPACHAR GASOLINA A ALL-TERRAIN VEHICLES, MINI CYCLES O DIRT BIKES
O A OTROS VEHICULOS NO AUTORIZADOS" in Spanish at least one inch in
height with a contrasting margin shall be posted at all dispensing
locations. The location of warning signs shall be based on local conditions
but shall be visible and legible from all gas pumps.
C.
Any owner or employee of any retail dealer of gasoline who violates any provision of Subsection A or B of this section who owns or is employed by a retail dealer that has been previously issued one warning as the result of a previous violation of Subsection A or B of this section shall be fined $100 per occurrence. Each motorized recreational vehicle as to which an owner or employee of any retail dealer of gasoline sells, offers for sale, or attempts to sell gasoline shall be considered a separate violation of Subsection A above.
This chapter shall not be construed to conflict with any state
statute, rule or regulation. If a provision of this chapter is inconsistent
with any state statute, rule or regulation, the provision of the state
statute, rule or regulation shall govern.
If any provision, paragraph, sentence, word or part of this
chapter or its application to any person or circumstances is held
invalid, the invalidity does not affect other provisions or applications
of this chapter, which can be given effect without the invalid provision,
paragraph, sentence, word, part or application, and to this end the
provisions of this chapter are severable.
In accordance with § C4-6 of the Charter of the Town of North Branford, this chapter shall become effective on the 45th day after the publication of a summary of this chapter in a newspaper having circulation in the Town of North Branford following its passage, providing that such publication includes a disclaimer that the description is for informational purposes and a full copy is available in the Office of the Town Clerk.
