[Ord. No. 297, 1-7-2025]
It is found that the operation of motorbikes, all-terrain vehicles and similar off-road vehicles can result in serious bodily injury or death, and 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 Groton.
[Ord. No. 297, 1-7-2025]
ALL-TERRAIN VEHICLE
Means 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.
C.G.S.
Means Connecticut General Statutes.
DIRT BIKE
Means 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.
MINI-MOTORCYCLE
Means a vehicle that (1) has not more than three wheels in contact with the ground, (2) 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 (3) is propelled by an engine having a piston displacement of less than 50 cubic centimeters (cc).
MOTORCYCLE
Means 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.
OPERATE
Unless otherwise provided, means to control the course or otherwise use.
OWNER
Unless otherwise provided, means the owner of the all-terrain vehicle.
STREET TAKEOVER
Means taking over a portion of a public highway or parking area by blocking or impeding the regular flow of traffic with intent to cause disorder or create a nuisance for other users of such highways or parking area.
TOWN
Means the Town of Groton.
[Ord. No. 297, 1-7-2025]
(a) 
The provisions of this article shall not apply:
(1) 
To the operation of an all-terrain vehicle, a mini-motorcycle, or a motorcycle on premises owned or leased by the owner of such vehicle (except that § 11-88 shall apply);
(2) 
To the operation of an all-terrain vehicle, a mini-motorcycle, or a motorcycle 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) 
To a motorized cart used in the ordinary course of the game of golf or in the care of an active golf course;
(4) 
To an automated chair designed for handicap use, such as an automated or motor-propelled wheelchair;
(5) 
To 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) 
To 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.
[Ord. No. 297, 1-7-2025]
(a) 
No person shall operate an all-terrain vehicle, mini-motorcycle, or motorcycle upon any public highway or parking area for any race, contest, demonstration of speed or skill or street takeover.
[Ord. No. 297, 1-7-2025]
(a) 
The use of an all-terrain vehicle, mini-motorcycle, or motorcycle 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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
In addition to any fine herein, any all-terrain vehicle, a mini-motorcycle, or a motorcycle used in violation of this article shall become subject to impoundment, and to confiscation by and forfeiture to the Town. The Groton Police Department or any authorized State Police officer is hereby authorized to confiscate any all-terrain vehicle, a mini-motorcycle, or a motorcycle used in violation of this article, and to hold same as evidence in any related criminal proceeding, pending disposition. If the Town confiscates an all-terrain vehicle, a mini-motorcycle, or a motorcycle used to violate this article, it shall conduct the procedure set forth in Connecticut General Statutes § 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 mini-motorcycle, or a motorcycle (i) was stolen from the owner at the time of such violation, (ii) 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 mini-motorcycle, or a motorcycle. In no event shall any confiscated all-terrain vehicle, a mini-motorcycle, or a motorcycle be held for longer than a period of six months.
(f) 
Any such vehicle impounded only may be released to the owner upon proof of registration, subject to payment of any and all fines and towing and storage fees.
[Ord. No. 297, 1-7-2025]
Any conflict between any provision of this article and any provision of Chapter 255 of the Connecticut General Statutes shall be governed by the provision of said Chapter 255.