[HISTORY: Adopted by the Board of Selectmen of the Town of
Guilford 7-18-2022. Amendments noted where applicable.]
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 Guilford, as authorized by C.G.S. § 14-390(a).
This chapter is intended to regulate the operation and use of such
vehicles in a manner not inconsistent with the provisions of Sections
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:
A self-propelled vehicle designed to travel over unimproved
terrain as defined in C.G.S. § 14-379 and which has been
determined by the Commissioner of Motor Vehicles to be unsuitable
for operation on the public highways.
A two-wheeled motorized recreational vehicle designed to travel over unimproved terrain and not designed for travel on a highway, as defined in C.G.S. § 14-390m. "Dirt Bike" does not include an all-terrain vehicle, as defined in C.G.S. § 14-379, or a motor-driven cycle, as defined in C.G.S. § 14-1.
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.
Pocket bikes, miniature (hereinafter "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.
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.
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," "snow mobile," and "mini-cycle,"
all as defined herein. Motorized recreational vehicle shall not be
deemed to include any of the following:
Any registered motorcycle as defined in the Conn. Gen. Stat.
§ 14-1(60).
Any registered motor vehicle as defined in Conn. Gen. Stat.
§ 14-1(59).
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 Guilford ordinances;
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;
Any self-propelled snowplow, 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;
Any vehicle owned or leased by the Town of Guilford;
Any EPAMD as defined herein;
Any bicycle or trail bike without a motor;
Any golf cart;
Any agricultural equipment such as tractors and farm implements;
Any construction machinery; and
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 Guilford.
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.
Includes all public property, including but not limited to
sidewalks, streets, roads, public rights-of-way, playgrounds, parks,
fields, property owned by a land trust, municipal land, and educational
facilities.
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
travelling over ice and snow.
A.
Public property. No person shall operate or cause to be operated
any motorized recreational vehicle upon or with the limits of any
public property within the Town of Guilford.
B.
Passenger. No person shall ride as a passenger on a motorized recreational
vehicle, nor shall the owner of such vehicle knowingly permit a person
to ride as a passenger on such vehicle upon or within the limits of
any public property within the Town of Guilford.
C.
Private property. No person shall operate or cause to be operated
any motorized recreational vehicle upon or within the limits of any
private property within the Town of Guilford without first obtaining
the written permission of the property owner or owners. Written permission
shall not be required if the operator, passenger or owner of the motorized
recreational vehicle in use is also the owner of the real property
upon which such vehicle is being used.
D.
EPAMD. No person shall operate or cause to be operated an EPAMD upon
or within the limits of any public property with the Town of Guilford,
except as provided herein. An EPAMD may be operated on any designated
bike lane or sidewalk and/or crosswalk. Such operator must adhere
to the regulations of such travel lane as defined by the State Traffic
Commission and in no instance shall the speed of operation exceed
five miles per hour on any sidewalk. Where no such bike lane or sidewalk
exists, EPAMD may be legally operated on the far-right side of the
street. An operator of an EPAMD shall yield to pedestrians and any
wheelchair or similar mobility assisting device as defined in C.G.S.
§ 42-330(1)(A) and shall comply with any applicable State
of Connecticut laws or regulations.
Violation of any section of this chapter shall result in the
following penalties.
Any person issued a citation shall be entitled to a hearing
to contest the citation. The procedures for notice, hearing, disposition,
appeal and enforcement shall be as set forth in the Connecticut General
Statutes § 7-152c, Hearing Procedures for Citations, as
the same may be amended from time to time by the General Assembly.
A.
In accordance with the authority granted by C.G.S. §§ 14-390(a)(2)
and 14-390m(a)(2), any person who operates a motorized recreational
vehicle in violation of this chapter or is the owner of any such vehicle
who knowingly permits its operation in violation of this chapter will
be subject to seizure and forfeiture of said vehicle(s). A police
officer who observes any motorized recreational vehicle being operated
in violation of this chapter may detain such person for purposes of
enforcing the provisions of this section and may remove or tow such
motorized recreational vehicle to a secure location for impoundment.
Before the owner of any such impounded property may remove the vehicle
from a vehicle pound, he/she shall furnish to the operator of such
pound, or such other person as the Chief of Police shall designate,
evidence of registration and ownership, shall sign a receipt for such
property, and shall pay the cost of towing, plus the cost of storage
for each day or portion of a day that such property is stored in excess
of the first 24 hours after seizure. The operator of such pound shall
refuse the release of any such property lawfully seized that the Chief
of Police has authorized to hold as evidence in a criminal investigation
or proceeding. Such operator shall obtain written permission from
the Chief of Police on any form or document prescribed by the Chief
of Police prior to the release of such property held for evidence.
B.
Any such motorized recreational vehicle that is not claimed by its
owner under the terms of this section for a period of 45 days after
seizure or in the case of a vehicle being held as evidence not claimed
by its owner within 45 days of the cessation of such investigation
or disposition of such criminal proceedings, whichever is later, may
be disposed of at the direction of the Chief of Police after serving
notice in the same manner as that required for the disposal of abandoned
vehicles under C.G.S. § 14-150(e), except in the case that
a vehicle that is not registered, such notice shall not require mailing
to persons whose names are registered with the State Department of
Motor Vehicles.
A.
A hearing officer shall be appointed by the First Selectman subject
to the approval of Board of Selectmen to conduct hearings authorized
by this section. Such hearing officer shall work with the Chief of
Police in the scheduling of hearings held pursuant to this chapter.
The Chief of Police or his or her designee shall represent the Police
Department at such hearing. A sworn police incident report shall be
considered prima facie evidence and proof of the violation. The owner
or lienholder may cross examine any witness and present evidence and
argument in opposition to the Town's claim. After the hearing
as provided by this section, the hearing officer may order the forfeiture
of any motorized recreational vehicle that has been seized upon proof
of conduct amounting to probable cause for a violation of this chapter
or any other Town ordinance or state law pursuant to the process provided
herein. Written notice advising the recipient of the right of the
owner or lienholder of the motorized recreational vehicle to a hearing
prior to the disposal of the motorized recreational vehicle will be
delivered on a form approved by Town Counsel and Board of Police Commissioners
to any lien holder and to the owner of the motorized recreational
vehicle, or if no owner can be identified, to the rider, within 30
days of the seizure. A written request for a hearing before a hearing
officer, must be received, by hand delivery or certified mail, return
receipt requested, to Hearing Officer, in care of the Chief of Police,
Guilford Police Department, 400 Church Street, Guilford, Connecticut,
06437 within 30 days of receipt of the notice. Said request for a
hearing by an owner must be submitted with proof of ownership or by
a lienholder with proof of lien or other security interest in the
motorized recreational vehicle.
B.
Said hearing shall be conducted by the hearing officer and shall
be held not more than 30 days after the receipt of the written request,
except that written requests for an extension of time may be granted
for good cause shown. Notice of the date and time of said hearing
shall be provided to the owner or lienholder no later than 10 days
before the date of the hearing by electronic delivery and/or by certified
mail, return receipt requested, at the email or residential address
provided by the owner or lienholder in the written request for a hearing.
C.
Any party to the hearing may, at his/her expense, record the hearing.
Any party to the hearing may be represented by counsel.
D.
A motorized recreational vehicle may be ordered forfeited upon a
finding of any, but not limited to, any of the following:
(1)
There is probable cause to believe that the motorized recreational
vehicle was possessed, controlled, or designed for use, or is or has
been or is intended to be used, to violate, or in violation of any
Town ordinance or state statute; or
(2)
There is probable cause to believe that the motorized recreational
vehicle was operated with reckless and wanton disregard for the welfare
or property of others.
E.
Following the hearing, the hearing officer who conducted the hearing
shall issue a written decision ordering the forfeiture of the motorized
recreational vehicle or ordering the return of the motorized recreational
vehicle to its owner, except that the hearing officer who conducted
the hearing shall not order the release of any motorized recreational
vehicle that is required to be kept as evidence in any investigation
or legal proceeding related to any criminal or motor vehicle offense.
F.
Any motorized recreational vehicle that is subject to a bona fide
mortgage, assignment of lease or rent, lien, or security interest
shall not be ordered forfeited in violation of the rights of the holder
of such mortgage, assignment of lease or rent, lien, or security interest.
G.
Any motorized recreational vehicle ordered forfeited shall be disposed
of consistent with applicable law.
H.
If within 30 days of the delivery of the notice of the right to a
hearing under this section no owner or lienholder of the motorized
recreational vehicle has requested a hearing, the vehicle will be
considered abandoned and disposed of under applicable law.
A.
Each motorized recreational vehicle dealer offering for sale, lease,
or rental any motorized recreational vehicle in the Town of Guilford
shall post this chapter in a prominent location at the motorized recreational
vehicle dealer's place of business.
B.
Any such motorized recreational vehicle dealer who violates any provision
of this section shall have committed an infraction. For a first violation,
the Chief of Police or his/her authorized agent shall issue a written
warning providing notice of the specific violation and the time period
within which it shall be corrected. If the dealer receiving the written
warning fails to correct the violation within the time period specified
in the warning, the Chief of Police or his or her authorized agent
shall issue a fine of $100. Any continuing violation that is discovered
during any subsequent reinspection shall result in a fine of $100.
Each reinspection at which a violation is discovered shall constitute
a separate violation.
A.
No owner or employee of any retail dealer of gasoline in the Town of Guilford shall sell, offer for sale, or attempt to sell any article or product represented as gasoline for use in any motorized recreational vehicle as defined in this chapter unless that vehicle is conveyed to and from the retailer's premises by a registered motor vehicle as defined in C.G.S. § 14-1, as may be amended, and no individual shall purchase or attempt to purchase gasoline for use in any motorized recreational vehicle unless said vehicle is similarly conveyed.
B.
Signs with the words "FUELING OF ALL-TERRAIN VEHICLES, MINI-CYCLES,
DIRT BIKES, OR OTHER UNAUTHORIZED VEHICLES PROHIBITED" in English
and "PROHIBIDO DESPACHAR GASOLINA A ALL-TERRAIN VEHICLES, MINI-CYCLES
OR DIRT BIKES O A OTROS 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.
C.
Any owner or employee of any retail dealer of gasoline who violates any provision of Subsections A or B of this section who has been previously issued one warning as the result of a previous violation of Subsections A or B of this section shall be fined $100 per occurrence. Each motorized recreational vehicle as to which an owner or employee of any retail dealer of gasoline sells, offers for sale, or attempts to sell gasoline shall be considered a separate violation of Subsection A above.
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
to be 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 shall be severable.
