[Adopted 1-26-2022 by Ord. No. 2834]
It is found that the operation of motorbikes, all-terrain vehicles
and similar off-road vehicles can result in serious bodily injury
or death, can be a public nuisance to residents and landowners, a
breeding ground of trespass and property damage, and be dangerous
to the health, safety and welfare of the citizens of the Town of Windham.
As used in this article, the following terms shall have the
meanings indicated:
A self-propelled vehicle designed to travel over unimproved
terrain and which has been determined by the State of Connecticut
Commissioner of Motor Vehicles to be unsuitable for operation on the
public highways and is not eligible for registration under Chapter
246 of the Connecticut General Statutes.
Connecticut General Statutes.
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 Section 14-1.
A two-wheeled, pedal-assisted, motor-driven vehicle capable
of carrying one or more persons at low rates of speed and includes
a scooter, Vespa and other similar or related vehicles.
A two- or three-wheeled motor vehicle capable of transporting
or carrying one or more persons, such as a dirt bike, trail bike,
motor-cross, endurance, or a flat-track.
A small low-motor vehicle with four wheels and an open framework
used for racing and recreation.
Unless otherwise provided, to control the course or otherwise
use.
Unless otherwise provided, the owner of the all-terrain vehicle.
The Town of Windham.
(a)
The provisions of this article shall not apply to:
(2)
The operation of an all-terrain vehicle, a motorcycle, moped or motorized
go-cart in any organized contest as long as such vehicle holds a valid,
effective registration awarded by Connecticut or by another state
or the United States;
(3)
A motorized cart used in the ordinary course of the game of golf
or in the care of an active golf course;
(4)
An automated chair designed for handicap use, such as an automated
or motor-propelled wheelchair;
(5)
An ATV or maintenance vehicle when used in the movement of snow on
the vehicle owner's driveway or on-site parking lot; and
(6)
State or municipal governmental and public safety use.
(b)
This article shall apply to registered motorcycles only when they
are being used off-road for recreational purposes.
(a)
No person shall operate or cause to be operated an all-terrain vehicle,
a motorcycle, moped or motorized go-cart upon any sidewalk or pedestrian
walkway, except to cross it carefully and perpendicularly, nor shall
any person store or park a moped on a sidewalk or pedestrian walkway
except where it will not interfere with pedestrian traffic.
(b)
No person shall operate or cause to be operated an all-terrain vehicle,
dirt bike or motorized go-cart on any public street or Town-owned
land (including but not limited to schools, parks, playgrounds, recreational
fields and open space), except in an emergency, such as attending
to the health or safety of persons, wildlife or property.
(c)
No person shall operate or cause to be operated a motorcycle or moped
on Town-owned land (including but not limited to schools, parks, playgrounds,
recreational fields and open space), other than on public streets,
thoroughfares and parking areas, except in an emergency, such as attending
to the health or safety of persons, wildlife or property.
(d)
No person shall operate or cause to be operated any all-terrain vehicle,
motorcycle, moped or motorized go-cart so as to create a nuisance,
including the emission of unreasonably loud noise, or in violation
of any Town ordinance or state law. All such vehicles shall have proper
mufflers installed and in good operational condition.
(e)
No person shall operate an all-terrain vehicle, a motorcycle, moped
or motorized go-cart while under the influence of alcohol or drugs.
(f)
No person shall operate or cause to be operated an all-terrain vehicle,
a motorcycle, motorized go-cart or moped on privately owned land without
the owner's permission.
(g)
No gasoline or motor vehicle service station owner or operator shall
permit any operator of an all-terrain vehicle or dirt bike to fuel;
each such gasoline or motor vehicle service station owner or operator
shall post a placard in a conspicuous location that contains a statement
prohibiting fueling of all-terrain vehicles and dirt bikes.
(a)
Landowner's permission required.
(1)
The use of an all-terrain vehicle, motorcycle, motorized go-cart
or moped on private land without the owner's permission constitutes
unlawful trespass and is prohibited. The written permission of the
private landowner or his agent shall be carried on such vehicle and
shall be available for inspection whenever such vehicle is being operated.
(2)
No person operating an all-terrain vehicle shall refuse upon request
to produce to an authorized law enforcement officer the written permission
of the private landowner or his agent upon whose property such all-terrain
vehicle is being operated.
(b)
Penalties for offenses.
(1)
Any person acting in violation of this article shall pay, in addition
to any towing charges, storage fees or any other costs or expenses
that may have been incurred as a result of the vehicle being impounded,
a fine of $1,000 for the first offense, $1,500 for a second offense,
and $2,000 for a third and each subsequent offense.
(2)
Notwithstanding, any gasoline or motor vehicle service station owner or operator operating in violation of Section 8-64(g) of this article shall pay a fine of $100 for the first and each subsequent offense.
(3)
Without limitation, any person acting in violation of this article
where such violation causes damage to private or municipal property,
the person shall be liable for civil damages to fully repair or replace
the same. This includes damage to trees, shrubs, open space, fences
or other property.
(4)
In addition to any fine herein, any all-terrain vehicle, a motorcycle,
moped or motorized go-cart used in violation of this article shall
become subject to impoundment, and to confiscation by and forfeiture
to the Town. The Willimantic Police Department or any authorized State
Police officer is hereby authorized to confiscate any all-terrain
vehicle, a motorcycle, moped or motorized go-cart used in violation
of this article, and to hold the same as evidence in any related criminal
proceeding, pending disposition. If the Town confiscates an all-terrain
vehicle, a motorcycle, moped or motorized go-cart used to violate
this article, it shall conduct the procedure set forth in Connecticut
General Statutes Section 54-33g, and sell it at a municipally conducted
public auction. The sale proceeds shall be paid to the municipal treasurer
for deposit into the municipality's general fund. Notwithstanding,
the sale proceeds shall first be used to satisfy any bona fide lien,
lease, or security interest (including a lien for towing and storing
a vehicle). Proof that said all-terrain vehicle, a motorcycle, moped
or motorized go-cart was stolen from the owner at the time of such
violation, was due to someone else's act or omission if the owner
or lienholder did not know, and could not have reasonably known, that
the all-terrain vehicle was used or was intended to be used in violation
of a municipal ordinance, shall be a defense to the confiscation and
forfeiture of the all-terrain vehicle, a motorcycle, moped or motorized
go-cart. In no event shall any confiscated all-terrain vehicle, a
motorcycle, moped or motorized go-cart be held for longer than a period
of six months. Any such vehicle impounded only may be released to
the owner upon proof of registration, subject to payment of any and
all fines, towing and storage fees.
The operation of an all-terrain vehicle within the Town shall
be in compliance with the following regulations:
(a)
The hours of operating an all-terrain vehicle or dirt bike shall
be from 8:00 a.m. until 8:00 p.m.
(b)
No person under 16 years of age shall operate an all-terrain vehicle
unless accompanied by a parent or guardian or unless the all-terrain
vehicle is operated on property owned or leased by the vehicle owner.
(c)
No person shall operate an all-terrain vehicle or dirt bike less
than 25 feet from any adjoining property line within the geographic
limits of the Willimantic Taxing District or less than 10 feet elsewhere
within the Town, except for an authorized law enforcement officer
or other officer authorized under C.G.S. Section 14-386, while on
duty and acting within the scope of his/her employment.
(d)
Each all-terrain vehicle and dirt bike operated by an internal combustion
engine shall be provided with muffler(s) designed to prevent excessive,
unusual, or unnecessary exhaust noise. Said muffler(s) shall be maintained
by the all-terrain vehicle or dirt bike owner in good working order
and in constant operation.
