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 Guilford, as authorized by C.G.S. § 14-390(a).
This chapter is intended to regulate the operation and use of such
vehicles in a manner not inconsistent with the provisions of Sections
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:
ALL-TERRAIN VEHICLE
A self-propelled vehicle designed to travel over unimproved
terrain as defined in C.G.S. § 14-379 and which has been
determined by the Commissioner of Motor Vehicles to be unsuitable
for operation on the public highways.
DIRT BIKE
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. § 14-390m. "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.
EPAMD
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.
MINI CYCLE
Pocket bikes, miniature (hereinafter "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.
MOTOR-DRIVEN CYCLE
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.
MOTORIZED RECREATIONAL VEHICLE
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," "snow mobile," and "mini-cycle,"
all as defined herein. Motorized recreational vehicle shall not be
deemed to include any of the following:
A.
Any registered motorcycle as defined in the Conn. Gen. Stat.
§ 14-1(60).
B.
Any registered motor vehicle as defined in Conn. Gen. Stat.
§ 14-1(59).
C.
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 Guilford ordinances;
D.
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;
E.
Any self-propelled snowplow, snow blower, 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;
F.
Any vehicle owned or leased by the Town of Guilford;
G.
Any EPAMD as defined herein;
H.
Any bicycle or trail bike without a motor;
J.
Any agricultural equipment such as tractors and farm implements;
K.
Any construction machinery; and
L.
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 Guilford.
MOTORIZED RECREATIONAL VEHICLE DEALER
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.
PUBLIC PROPERTY
Includes all public property, including but not limited to
sidewalks, streets, roads, public rights-of-way, playgrounds, parks,
fields, property owned by a land trust, municipal land, and educational
facilities.
SNOWMOBILE
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
travelling over ice and snow.
Violation of any section of this chapter shall result in the
following penalties.
A. Any person who operates a motorized recreational vehicle or an owner
of such vehicle who knowingly permits such operation, shall be fined:
(3) Third and subsequent offenses: $2,000.
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 §
258-3D above or is the owner of an EPAMD who knowingly permits its operation in violation of §
258-3D above that has been previously issued one warning as a result of a previous violation of §
258-3D above shall be fined $250.
Any person issued a citation shall be entitled to a hearing
to contest the citation. The procedures for notice, hearing, disposition,
appeal and enforcement shall be as set forth in the Connecticut General
Statutes § 7-152c, Hearing Procedures for Citations, as
the same may be amended from time to time by the General Assembly.
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
to be 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 shall be severable.