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 North Branford, as authorized by § 14-390(a)
of the Connecticut General Statutes. This chapter is intended to regulate
the operation and use of such vehicles in a manner not inconsistent
with the provisions of §§ 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 Connecticut General Statutes § 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 Connecticut General Statutes § 14-1. "Dirt
bike" does not include an all-terrain vehicle, as defined in Connecticut
General Statutes § 14-379, or a motor-driven cycle, as defined
in Connecticut General Statutes § 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 (hereafter "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.
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," "snowmobile," and "mini cycle,"
all as defined herein.
B.
"Motorized recreational vehicle" shall not be deemed to include
any of the following:
(1)
Any registered "motorcycle" as defined in the Connecticut General
Statutes § 14-1(59);
(2)
Any registered "motor vehicle" as defined in Connecticut General
Statutes § 14-1(58);
(3)
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 North Branford ordinances;
(4)
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;
(5)
Any self-propelled snowplow, snowblower, 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;
(6)
Any vehicle owned or leased by the Town of North Branford;
(7)
Any EPAMD as defined herein;
(8)
Any bicycle or trail bike without a motor;
(10)
Any agricultural equipment such as tractors and farm implements;
(11)
Any construction machinery; and
(12)
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 North
Branford.
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 be 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
traveling 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 offense: $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 §
221-3D above or is the owner of an EPAMD who knowingly permits its operation in violation of §
221-3D above that has been previously issued one warning as the result of a previous violation of §
221-3D above shall be fined $250.
[Amended 6-21-2022 by Ord. No. 261]
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
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 are severable.
In accordance with §
C4-6 of the Charter of the Town of North Branford, this chapter shall become effective on the 45th day after the publication of a summary of this chapter in a newspaper having circulation in the Town of North Branford following its passage, providing that such publication includes a disclaimer that the description is for informational purposes and a full copy is available in the Office of the Town Clerk.