The purpose of this article is to prohibit the unauthorized operation of recreational vehicles on public and/or private properties within the Town in order to promote public health, safety, and the general welfare of the community.
As used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
A self-propelled vehicle designed to travel over unimproved terrain that has been determined by the Commissioner of Motor Vehicles to be unsuitable for operation on the public highways and is not eligible for registration 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 include go-carts but do not include trail bikes, golf carts, agricultural tractors, farm implements and construction machines.
DIRT BIKE
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 Statutes § 14-390m(d), as may be amended.
MINIBIKES
Shall include pocket bikes, minibikes, minsport bikes, minidirt bikes, chopper scooters, motor scooters, bicycles with helper motors, and any other similar vehicle designed to transport one or more persons that is powered by any type of motor.
MINIMOTORCYCLE
Any vehicle propelled by nonmuscular power 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 rider, and is propelled by an engine having a piston displacement of less than 50 ccs.
RECREATIONAL VEHICLE
Any all-terrain vehicle, dirt bike, minimotorcycle, minibike or snowmobile. Recreational vehicle shall not include:
A. 
Any registered "motorcycle" as defined in General Statute § 14-1(46);
B. 
Any registered "motor vehicle," as defined in General Statute § 14-1(47);
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 Rocky Hill 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 snow plow, 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 Rocky Hill.
RECREATIONAL VEHICLE DEALER
Any person engaged in the business of manufacturing, retail selling, leasing or renting of recreational vehicles, as defined by this Article, having a regular and established place of business within the Town of Rocky Hill.
SNOWMOBILE
Any self-propelled vehicle designed for travel on snow or ice, except a vehicle propelled by sail.
A. 
It shall be unlawful for any person to operate a recreational vehicle as defined in this article, and/or for any owner of a recreational vehicle to knowingly permit the operation of his/her recreational vehicle on any street or sidewalk in the Town of Rocky Hill or on any public property, including but not limited to school property, playgrounds and parks, within the Town of Rocky Hill.
B. 
It shall be unlawful for any person to ride as a passenger on a recreational vehicle and/or for any owner of a recreational vehicle to knowingly permit any person to ride as a passenger on his/her recreational vehicle operated in violation of Subsection A above.
C. 
It shall be unlawful for any person to operate a recreational vehicle, ride as a passenger on a recreational vehicle, and/or for any owner of a recreational vehicle to knowingly permit its operation on any private property within the Town of Rocky Hill without first obtaining the written permission of the property owner if the property is not owned by the operator, passenger, and/or owner of the recreational vehicle.
D. 
This article shall not be applicable to any dirt bike being operated upon any road or highway provided that, (i) said dirt bike is properly and validly registered with the Connecticut Department of Motor Vehicles and (ii) is being operated in compliance with all applicable motor vehicle laws of the State of Connecticut.
E. 
The prohibitions set forth in this Article VI are in addition to, and not in lieu of, the prohibitions set forth in Article I of this chapter.
A. 
This article shall be enforced by the Town of Rocky Hill Police Department and/or any authorized officer thereof.
B. 
Anyone aggrieved by any act constituting a violation hereunder may file a complaint with the Rocky Hill Police Department.
C. 
This article shall be enforced by citation and the citation hearing procedure established in Chapter 5, §§ 5-3 through 5-6, shall govern, provided however, that (i) the enforcing authority and amount of the fines shall be governed by this article and (ii) the hearing officer shall have the further authority, upon finding that the person who received the citation is liable for the violation and upon consideration of the facts, circumstances and equities of the case, to reduce the amount of the fine or issue an order of forfeiture or nonforfeiture.
A. 
In addition to all other remedies available to the Town by law, violation of this article shall be punishable as set forth below.
B. 
Any person who operates a recreational vehicle in violation of this article, or is the owner of a recreational vehicle and who knowingly permits its operation in violation of this article, shall be fined $250 for a first violation or $500 for a first violation that is an aggravated violation, shall be fined $500 for a second violation or $1,000 for a second violation that is an aggravated violation, or $750 for a third violation or $1,500 for a third violation that is an aggravated violation. For the purposes of this section, an "aggravated violation" is a violation that involves operation of a recreational vehicle in a manner that poses a substantial risk of serious injury or in fact causes such injury to any person, including the operator of the recreational vehicle and/or any passenger(s), or poses a substantial risk of significant damage to any real property or personal property other than the recreational vehicle itself or in fact causes such damage.
C. 
Any person who rides as a passenger on a recreational vehicle operated in violation of this article, or who is the owner of a recreational vehicle and who knowingly permits a passenger to ride on his/her recreational vehicle in violation of this article, shall be fined $100, in addition to any other fines or penalties that may otherwise apply.
D. 
Any police officer who observes any person in violation of this article may detain such person for purposes of enforcing the provisions of this article. Any recreational vehicle used in violation of this article may be seized by any police officer and shall be held by the Town of Rocky Hill Police Department for at least 14 calendar days or until all fines assessed hereunder are paid, whichever date is later. In addition, any police officer who observes a person in aggravated violation of this article, or any police officer in a case of aggravated violation that results in significant injury to any person, including the operator or any passenger(s), and/or property damage in excess of $100, may recommend that the recreational vehicle be forfeited to the Town of Rocky Hill, subject to any bona fide lien, lease or security interest in the recreational vehicle, including, but not limited to, a lien under Connecticut General Statutes § 14-66c.
E. 
Any recreational vehicle ordered forfeited pursuant to this article shall be either (i) sold at public auction conducted by the Town, with the proceeds of such sale being paid to the Treasurer of the Town, who shall deposit such proceeds into the general fund of the Town, or (ii) be destroyed by the Town.
F. 
The provisions of Connecticut General Statute § 7-152c are incorporated herein by reference.
A. 
Each recreational vehicle dealer offering for sale, lease or rental any recreational vehicle shall post this article in a prominent location at said dealer's place of business. Any recreational vehicle dealer who violates any provision of this section shall be fined $100.
B. 
No retailer of gasoline shall sell, offer for sale, or attempt to sell, any article or product represented as gasoline for use in a recreational vehicle, unless that recreational vehicle is conveyed to and from the retailer's premises by a registered motor vehicle, as defined in General Statute § 14-1, as may be amended, and no individual shall purchase or attempt to purchase gasoline for this purpose.
C. 
Signs with the words "FUELING OF UNAUTHORIZED VEHICLES PROHIBITED" in English and "PROHIBIDO DESPACHAR GASOLINA A 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.
D. 
An individual or retail dealer of gasoline who violates any provision of subsections B and/or C of this section shall be fined $100.
Each day on which a violation occurs or continues after the time for correction of a violation given in any order has elapsed shall be considered a separate violation of this article.
If any provision of this article or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this article that can be given affect without the invalid provisions or applications; and to this end, the provisions of this article and the various applications thereof are declared to be severable.