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HARTFORD – A bill in the Connecticut General Assembly aimed at curtailing raucous riders who illegally operate motorcycles and ATVs on city streets would, if passed and signed by the governor, allow municipalities to fine riders. It would also empower cities to confiscate and either sell or destroy the dirt bikes and quads.
The bill sets penalties for municipalities of more than 30,000 residents that have ordinances concerning the operation of dirt bikes, ATVs and mini-motorcycles. A total of 31 cities in Connecticut have a population of more than 30,000; the five largest being Bridgeport, New Haven, Hartford, Stamford and Waterbury.
Senate Bill No. 463 proposes fines of not more than $1,000 for the first violation, not more than $1,500 fine for the second violation and not more than $2,000 fine for the third violation.
It also proposes “the seizure and forfeiture” to the municipality of such dirt bike or all-terrain vehicle for a violation of such an ordinance and would allow for dirt bikes and ATVs owned by violators to “be forfeited to the municipality … to be sold or destroyed.” This would occur following an appeals process. Proceeds from any sales would go to the town or city and deposited in the general fund.
Opposing the bill is the New England Trail Riders Association. “I’m not at all happy. These penalties are so onerous,” said Jim Sherman, who is legislative officer for NETRA. “The 30,000 population – that’s the only good thing about the bill. I would still argue that the penalties are onerous.”
On its website, NETRA says, “This is the bill that proposes to confiscate OHVs that are ridden on city streets but they have to know that this bill is damaging to even legal OHV use. The money they spend enforcing this proposed law is better used in creating a legal places to recreate. The bill is poorly written and it creates an open door for even more damaging bills that will affect everyone.”
NETRA is urging its members to write complaint letters to their state legislators.
Introduced and referred to the Committee on Finance, Revenue and Bonding last month, a revised version of the bill was filed today with the Legislative Commissioners’ Office. Listed as the co-sponsor of the bill is Sen. Toni Boucher, a Republican representing the 26th District, which includes Bethel, New Canaan, Redding, Ridgefield, Weston, Westport and Wilton.
Earlier this week, the NYPD announced plans to publicly crush more than 300 bikes that have been seized so far this year from illegal operators in New York City.
Here’s a link to the bill as it was original proposed. Here’s a link to the revised bill and here’s what it says:
February Session, 2016
Proposed Substitute Bill No. 463
LCO No. 3761
AN ACT CONCERNING THE PENALTY FOR VIOLATIONS OF A MUNICIPAL ORDINANCE CONCERNING THE OPERATION OF A DIRT BIKE, ALL-TERRAIN VEHICLE OR MINI-MOTORCYCLES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
- 1 Section 1. Section 14-390 of the general statutes is repealed and the
- 2 following is substituted in lieu thereof (Effective October 1, 2016):
- 3 (a) Any municipality may, by ordinance, regulate the operation and
- 4 use, including hours and zones of use, of snowmobiles and all-terrain
- 5 vehicles in a manner not inconsistent with the provisions of sections
- 6 14-379 to 14-390, inclusive, or any regulations adopted pursuant
- 7 thereto, and may (1) prescribe a penalty for violation of such ordinance
- 8 in an amount not to exceed one thousand dollars for a first violation, in
- 9 an amount not to exceed one thousand five hundred dollars for a
- 10 second violation and in an amount not to exceed two thousand dollars
- 11 for a third or subsequent violation, and (2) if the population of such
- 12 municipality is thirty thousand persons or more, provide for the
- 13 seizure and forfeiture to the municipality of such all-terrain vehicle for
- 14 a violation of such ordinance and subject to any bona fide lien, lease or
- 15 security interest in the all-terrain vehicle, including, but not limited to,
- 16 a lien under section 14-66c.
- 17 (b) No all-terrain vehicle shall be forfeited under this section to the
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Proposed Substitute Bill No. 463
- 18 extent of the interest of an owner or lienholder by reason of any act or
- 19 omission committed by another person if such owner or lienholder did
- 20 not know and could not have reasonably known that such all-terrain
- 21 vehicle was being used in violation of a municipal ordinance adopted
- 22 pursuant to section 7-148, as amended by this act.
- 23 (c) Any person whose all-terrain vehicle is seized and forfeited
- 24 pursuant to subsection (a) of this section may appeal therefrom to the
- 25 superior court for the judicial district in which such seizure occurred,
- 26 provided such appeal shall be filed not later than thirty days after the
- 27 date on which such seizure occurred. The court shall order such all-
- 28 terrain vehicle to be forfeited to the municipality and delivered to the
- 29 chief elected official of the municipality to be destroyed upon a finding
- 30 of a violation of an ordinance adopted pursuant to section 7-148, as
- 31 amended by this act, except that if any such all-terrain vehicle is
- 32 subject to a bona fide lien, lease or security interest, including, but not
- 33 limited to, a lien under section 14-66c, such property shall not be
- 34 ordered destroyed in violation of the rights of the holder of such lien,
- 35 lease or security interest. The person using or in charge of any all-
- 36 terrain vehicle used in violation of any such provision may be
- 37 considered the owner thereof for the purpose of any appeal brought
- 38 pursuant to this subsection, except as provided in subsection (b) of this
- 39 section. Any person prevailing on appeal shall not be required to pay
- 40 the penalty set forth in subsection (a) of this section and shall be
- 41 permitted to reclaim the all-terrain vehicle seized and forfeited
- 42 pursuant to subsection (a) of this section.
- 43 (d) Any municipality that seizes an all-terrain vehicle pursuant to an
- 44 ordinance adopted pursuant to section 7-148, as amended by this act,
- 45 shall destroy such all-terrain vehicle after the expiration of the appeal
- 46 or appeal period under subsection (c) of this section except if (1) such
- 47 all-terrain vehicle may be reclaimed pursuant to subsection (c) of this
- 48 section, or (2) if any such all-terrain vehicle is subject to a bona fide
- 49 lien, lease or security interest, including, but not limited to, a lien
- 50 under section 14-66c, such property shall not be so destroyed in
- 51 violation of the rights of the holder of such lien, lease or security
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Proposed Substitute Bill No. 463
- 52 interest.
- 53 Sec. 2. Section 14-390m of the general statutes is repealed and the
- 54 following is substituted in lieu thereof (Effective October 1, 2016):
- 55 (a) Any municipality that adopts an ordinance pursuant to section
- 56 7-148, as amended by this act, to regulate the operation and use on
- 57 public property, including hours of use, of dirt bikes or mini-
- 58 motorcycles may (1) prescribe a penalty for violation of such ordinance
- 59 in an amount not to exceed one thousand dollars for a first violation, in
- 60 an amount not to exceed one thousand five hundred dollars for a
- 61 second violation and in an amount not to exceed two thousand dollars
- 62 for a third or subsequent violation, and (2) if the population of such
- 63 municipality is thirty thousand persons or more, provide for the
- 64 seizure and forfeiture to the municipality of such dirt bike or mini-
- 65 motorcycle for a violation of such ordinance and subject to any bona
- 66 fide lien, lease or security interest in the dirt bike or mini-motorcycle,
- 67 including, but not limited to, a lien under section 14-66c.
- 68 (b) No dirt bike or mini-motorcycle shall be forfeited under this
- 69 section to the extent of the interest of an owner or lienholder by reason
- 70 of any act or omission committed by another person if such owner or
- 71 lienholder did not know and could not have reasonably known that
- 72 such dirt bike or mini-motorcycle was being used in violation of a
- 73 municipal ordinance adopted pursuant to section 7-148, as amended
- 74 by this act.
- 75 (c) Any person whose dirt bike or mini-motorcycle is seized and
- 76 forfeited pursuant to subsection (a) of this section may appeal
- 77 therefrom to the superior court for the judicial district in which such
- 78 seizure occurred, provided such appeal shall be filed not later than
- 79 thirty days after the date on which such seizure occurred. The court
- 80 shall order such dirt bike or mini-motorcycle to be forfeited to the
- 81 municipality and delivered to the chief elected official of the
- 82 municipality to be destroyed upon a finding of a violation of an
- 83 ordinance adopted pursuant to section 7-148, as amended by this act,
- 84 except that if any such dirt bike or mini-motorcycle is subject to a bona
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- 85 fide lien, lease or security interest, including, but not limited to, a lien
- 86 under section 14-66c, such property shall not be ordered destroyed in
- 87 violation of the rights of the holder of such lien, lease or security
- 88 interest. The person using or in charge of any dirt bike or mini-
- 89 motorcycle used in violation of any such provision may be considered
- 90 the owner thereof for the purpose of any appeal brought pursuant to
- 91 this subsection, except as provided in subsection (b) of this section.
- 92 Any person prevailing on appeal shall not be required to pay the
- 93 penalty set forth in subsection (a) of this section and shall be permitted
- 94 to reclaim the dirt bike or mini-motorcycle seized and forfeited
- 95 pursuant to subsection (a) of this section.
- 96 (d) Any municipality that seizes a dirt bike or mini-motorcycle
- 97 pursuant to an ordinance adopted pursuant to section 7-148, as
- 98 amended by this act, shall destroy such dirt bike or mini-motorcycle
- 99 after the expiration of the appeal or appeal period under subsection (c)
- 100 of this section except if (1) such dirt bike or mini-motorcycle may be
- 101 reclaimed pursuant to subsection (c) of this section, or (2) if any such
- 102 dirt bike or mini-motorcycle is subject to a bona fide lien, lease or
- 103 security interest, including, but not limited to, a lien under section 14-
- 104 66c, such property shall not be so destroyed in violation of the rights of
- 105 the holder of such lien, lease or security interest.
- 106 (e) For the purposes of this section, “dirt bike” means a two-wheeled
- 107 motorized recreational vehicle designed to travel over unimproved
- 108 terrain and not designed for travel on a highway, as defined in section
- 109 14-1 and “mini-motorcycle” has the same meaning as provided in
- 110 section 14-289j. “Dirt bike” does not include an all-terrain vehicle, as
- 111 defined in section 14-379, or a motor-driven cycle, as defined in section
- 112 14-1.
- 113 Sec. 3. Subdivision (10) of subsection (c) of section 7-148 of the 2016
- 114 supplement to the general statutes is repealed and the following is
- 115 substituted in lieu thereof (Effective October 1, 2016):
- 116 (10) (A) Make all lawful regulations and ordinances in furtherance
- 117 of any general powers as enumerated in this section, and prescribe
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- 118 penalties for the violation of the same not to exceed two hundred fifty
- 119 dollars, unless otherwise specifically provided by the general statutes.
- 120 Such regulations and ordinances may be enforced by citations issued
- 121 by designated municipal officers or employees, provided the
- 122 regulations and ordinances have been designated specifically by the
- 123 municipality for enforcement by citation in the same manner in which
- 124 they were adopted and the designated municipal officers or employees
- 125 issue a written warning providing notice of the specific violation
- 126 before issuing the citation, except that no such written warning shall
- 127 be required for violations of a municipal ordinance regulating the
- 128 operation or use of a dirt bike, [or] all-terrain vehicle or mini-
- 129 motorcycle;
- 130 (B) Adopt a code of ethical conduct;
- 131 (C) Establish and maintain free legal aid bureaus;
- 132 (D) Perform data processing and related administrative computer
- 133 services for a fee for another municipality;
- 134 (E) Adopt the model ordinance concerning a municipal freedom of
- 135 information advisory board created under subsection (f) of section 1-
- 136 205 and establish a municipal freedom of information advisory board
- 137 as provided by said ordinance and said section;
- 138 (F) Protect the historic or architectural character of properties or
- 139 districts that are listed on, or under consideration for listing on, the
- 140 National Register of Historic Places, 16a USC 470, or the state register
- 141 of historic places, as defined in section 10-410.
|
This act shall take effect as follows and shall amend the following sections: |
||
|
Section 1 |
October 1, 2016 |
14-390 |
|
Sec. 2 |
October 1, 2016 |
14-390m |
|
Sec. 3 |
October 1, 2016 |
7-148(c)(10) |
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-Bud Wilkinson
