[HISTORY: Adopted by the Town Council of
the Town of Newington 10-10-2019 by Ord. No. 1719-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 415,
Vehicles, Recreational, adopted 9-25-1980.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
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 and
also defined as any three or more wheeled motorized vehicle, generally
characterized by large, low-pressure tires, a seat designed to be
straddled by the operator and handlebars for steering, which is intended
for off-road uses by an individual rider on various types of nonpaved
terrain. Such vehicles do not include trail bikes, golf carts, agricultural
tractors, farm implements and construction machines.
Any person engaged in the business of manufacturing, selling,
leasing or renting all-terrain vehicles, minibikes, as defined by
this chapter, mini motorcycles, as defined by this chapter, or dirt
bikes, as defined by this chapter, at retail having a regular and
established place of business within the Town of Newington.
A two-wheeled motorized recreational vehicle designed to travel
over unimproved terrain and not designed for travel on a highway,
and also defined pursuant to General Statute § 14-390m(d)
as may be amended.
As used in this chapter, All-terrain vehicle, minibike, mini
motorcycle and dirt bike shall not include the following:
Any registered "motorcycle" as defined in General Statute § 14-1(46);
Any registered "motor vehicle" as defined in General Statute
§ 14-1(47);
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 Newington 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 Newington; and
Any electronic assistive mobility device.
A vehicle that has not more than three wheels in contact
with the ground, has a manufactured seat height of less than 26 inches
measured at the lowest point on top of the seat cushion without the
ride, and is propelled by an engine having a piston displacement of
less than 50 c.c.
Any wheeled vehicle designed to transport one or more persons
that is powered by any type of motor.
A.Â
It shall be unlawful for any person to operate an all-terrain vehicle,
minibike, mini motorcycle, or dirt bike and/or for any owner of an
all-terrain vehicle, minibike, mini motorcycle, or dirt bike to knowingly
permit the operation of his/her all-terrain vehicle, minibike, mini
motorcycle, or dirt bike on any street or sidewalk in the Town of
Newington or on any public property, including but not limited to
school property, playgrounds and parks, and open space within the
Town of Newington.
B.Â
It shall be unlawful for any person to ride as a passenger on an all-terrain vehicle, minibike, mini motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike to knowingly permit any person to ride as a passenger on his/her all-terrain vehicle, minibike, mini motorcycle, or dirt bike operated in violation of Subsection A above.
C.Â
It shall be unlawful for any person to operate an all-terrain vehicle,
minibike, mini motorcycle, or dirt bike, ride as a passenger on an
all-terrain vehicle, minibike, mini motorcycle, or dirt bike, and/or
for any owner of an all-terrain vehicle or mini cycle to knowingly
permit its operation on any private property, within the Town of Newington,
without first obtaining the permission of the property owner if the
property is not owned by the operator, passenger, and/or owner of
the all-terrain vehicle, minibike, mini motorcycle, or dirt bike.
D.Â
This chapter shall not be applicable to any dirt bike being operated
upon any road or highway provided that, said dirt bike is properly
and validly registered with the Connecticut Department of Motor Vehicles
and is being operated in compliance with all applicable motor vehicle
laws of the State of Connecticut.
A.Â
Any person who operates an all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2A and/or C above, or is the owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike who knowingly permits its operation in violation of § 415-2A and/or C above, shall be fined up to $1,000 for a first violation, shall be fined up to $1,500 for a second violation, and shall be fined up to $2,000 for a third or subsequent violation.
B.Â
Any person who rides as a passenger on an all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2B above, or is the owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike who knowingly permits a passenger to ride on his/her all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2B, shall be issued a citation.
C.Â
Any police officer that observes any person in violation of this
chapter may detain such person for purposes of enforcing the provisions
of this chapter. Any all-terrain vehicle, minibike, mini motorcycle,
or dirt bike used in violation of this chapter shall be seized by
any police officer and shall be forfeited to the Town, subject to
any bona fide lien, lease or security interest in the all-terrain
vehicle, minibike, mini motorcycle, or dirt bike, including, but not
limited to, a lien under General Statute § 14-66c, provided
said person is found liable administratively or guilty in a court
of law.
D.Â
Any all-terrain vehicle, minibike, mini motorcycle, or dirt bike
ordered forfeited pursuant to this chapter shall be destroyed by the
Town.
