[HISTORY: Adopted by the City Council of the City of Westbrook 10-6-1986 (Ch. 3 of the 2007 Code). Amendments
noted where applicable.]
The purpose of this chapter is to regulate the use of all-terrain
vehicles within the municipal boundaries of the City in order to protect
the environment, to ensure that recreational use of all-terrain vehicles
is compatible with other recreational uses, to promote the health
and safety of the operators and the general public, and to restrict
the use of such vehicles to areas where such use is appropriate and
permitted.
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
A motor-driven, off-road, recreational vehicle capable of
cross-country travel on land, snow, ice, marsh, swampland or other
natural terrain. It includes, but is not limited to, a multitrack,
multiwheel or low-pressure tire vehicle; a motorcycle or related two-wheel,
three-wheel or belt-driven vehicle; an amphibious machine; or other
means of transportation deriving motive power from a source other
than muscle or wind. This definition does not include a snowmobile;
an airmobile; a construction or logging vehicle used for its common
function; a farm vehicle used for farming purposes; or a vehicle used
exclusively for emergency, military, law enforcement or fire control
purposes.
An all-terrain vehicle.
To use an ATV in any manner within the jurisdiction of the
City, whether or not the vehicle is moving.
Any person holding title to an ATV.
The City Clerk shall be the designated municipal agent for the
issuance of ATV registrations, pursuant to state law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall operate an ATV on City-owned property without
the written permission of the City Council. Such unlawful areas of
operation include, but are not limited to, the following:
A.
All sidewalks and streets, except for purposes of limited crossing
as provided by state law.
B.
The grounds and parking lots of all schools and municipal buildings.
C.
All parks, the City forest and all recreation fields and facilities,
including bike paths, skating rinks and swimming pools.
D.
Sewer easements and waste disposal sites owned by the City.
A.
Civil penalty. Any person who engages in any act prohibited by this chapter shall be liable for a civil penalty as set forth in § 1-8.
B.
Additional penalties. For any violation of the regulations governing ATVs, the owner or operator may be subject to the following penalties: Impoundment for a period of five days for a first offense; 10 days for a second offense; 30 days for any subsequent offense within a twelve-month period. The impounded vehicle will be stored until the impoundment fee found in Chapter A400, Master Fee Schedule, has been paid by the owner, together with unpaid fines. All sums collected shall inure to the City.
