[HISTORY: Adopted by the Town Council of the Town of Stratford 2-10-2025 by Ord. No. 24-17;[1] amended in its entirety 11-10-2025 by Ord. No. 25-10. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 48, All-Terrain Vehicles, which was adopted 5-11-1988, as amended by Ord. No. 04-17.
ALL-TERRAIN VEHICLE
By law, an all-terrain vehicle is a self-propelled vehicle designed to travel over unimproved terrain which has been determined by the Commissioner of the Department of Motor Vehicles to be unsuitable for operation on public roads, and is ineligible for registration (CGS § 14-379).
DIRT BIKE
Is a two wheeled Motorized Recreational Vehicle designed to travel over unimproved terrain and not designed to travel on a highway, as defined on 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
Shall mean any electric personal mobility device that is self-balancing, has two non-tandem 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-MOTORCYCLE
"Mini-motorcycle" is a vehicle that (1) has no 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 (CGS § 14-289).
MOTORIZED RECREATIONAL VEHICLE
Shall mean a wheeled vehicle with a motor, intended to be ridden by one or more persons and shall include all-terrain vehicles, dirt bikes, and mini-motorcycles. Motorized Recreational vehicle shall not be deemed to include any of the following:
A. 
Any registered "motorcycle" as defined in the Connecticut General Statutes § 14-1.
B. 
Any registered "motor vehicle" as defined in Connecticut General Statutes § 14-1.
C. 
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 Stratford Ordinances.
D. 
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 impairment.
E. 
Any self-propelled snowplow, snow blower, or lawn mower when used for the purpose for which it was designed and operated not to exceed four miles per hour;
F. 
Any vehicle owned or leased by the Town of Stratford;
G. 
Any EPAMD as defined herein;
H. 
Any bicycle or trail bike without a motor;
I. 
Any golf cart;
J. 
Any agricultural equipment such as tractor and farm implements;
K. 
Any construction machinery; and
L. 
Any vehicle that is used solely for the 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 Stratford.
STREET TAKEOVER
Shall mean 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 areas.
A. 
It shall be unlawful for any person to operate a motorized recreational vehicle or for any owner of a motorized recreational vehicle to knowingly permit the operation of such vehicle on any street or sidewalk in the Town of Stratford or on any public property, including but not limited to school property, playgrounds and parks within the Town of Stratford.
B. 
It shall be unlawful for any person to ride as a passenger on a motorized recreational vehicle or for any owner of a motorized recreational vehicle to knowingly permit any person to ride as a passenger on such vehicle operated in violation of Subsection A above.
C. 
It shall be unlawful for any person to operate a motorized recreational vehicle, ride as a passenger on a motorized recreational vehicle, or for any owner of a motorized recreational vehicle to knowingly permit its operation on any private property within the Town of Stratford without first obtaining the written permission of the property owner, if the property is not owned by the operator, passenger, or owner of such vehicle.
D. 
It shall be unlawful for any person to operate an EPAMD or for any owner of an EPAMD to knowingly permit the operation of an EPAMD on any street in the Town of Stratford, 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 on any designated bike lane or sidewalk and/or crosswalk. Such operator must adhere to the regulations of such travel as defined by the Traffic Authority and in no instance shall the speed of operations exceed five miles per hour on any sidewalk. Where no such bike lane or sidewalk exist, an 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 § 48-1 above and shall comply with any State of Connecticut laws or regulations.
E. 
It shall be unlawful for any person or group of persons to organize, participate in, or gather with the intent to observe and actually observing a street takeover as defined herein.
A. 
Any person who operates any motorized recreational vehicle in violation of § 48-2 above, or any owner of any motorized recreational vehicle who knowingly permits its operation in violation of § 48-2 above, or any person who violates § 48-2E above, shall be fined $1,000 for a first violation, shall be fined $1,500 for a second violation and shall be fined $2,000 for a third or subsequent violation.
B. 
Any person age 16 or older who rides as a passenger on any motorized recreational vehicle in violation of § 48-2 above, or any owner of a motorized recreational vehicle who knowingly permits a passenger to ride on his/her motorized recreational vehicle in violation of § 48-2 above shall be fined $250.
C. 
Any person in violation of this article may be detained by a police officer for the purposes of enforcing the provisions of this article. Any motorized recreational vehicle used in violation of § 48-2, or any vehicle used in violation of § 48-2E may be seized by any police officer and may be forfeited to the Town in accordance with § 48-4 or 48-5 below, subject to any bona fide lien, lease, or security interest in the motorized recreational vehicle, including, but not limited to, a lien under Connecticut General Statutes § 14-66c.
D. 
Any person who operates an EPAMD in violation of § 48-2 above or is the owner of an EPAMD who knowingly permits its operation in violation of § 48-2 above that had been previously issued one warning as the result of previous violation of this article, shall be fined $250.
A. 
Any person who operates a motorized recreational vehicle in violation of § 48-2 above or is the owner of any vehicle who knowingly permits its operation in violation of § 48-2 above, or who uses any vehicle in violation of § 48-2E above, will be subject to seizure of said vehicle(s) pursuant to Connecticut General Statutes § 54-33g, which allows for seizure of property. A police officer who observes any motorized recreational vehicle being operated in violation of Chapter 48 or any vehicle being operated in violation of § 48-2E may detain such person for purposes of enforcing the provisions of Chapter 48 and may remove or tow such motorized recreational vehicle or other vehicle to a secure location for impoundment pending a hearing pursuant to § 48-5 below. Before the owner of any such impounded property may remove the vehicle from the vehicle pound, he/she shall furnish to the operator 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 any fine imposed pursuant to this section, the cost of towing, the cost of any related charges, any overdue property taxes on such vehicle, plus the cost of storage 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. The vehicle shall be deemed forfeited to the Town if the owner or the lienholder fails to pay all fines and related charges within six months of impoundment. The Town of Stratford shall not be held liable for any damage to or loss of property seized in accordance with this section.
B. 
Any such motorized recreational vehicle that is not claimed by its owner under the terms of this section for a period of six months after seizure or in the case of a vehicle being held as evidence not claimed by its owner within six months of the cessation of such investigation or disposition of such criminal proceeding, whichever is later, may be disposed of at the discretion of the Chief of Police after serving notice in the same manner as that required for the disposal of abandoned vehicles under Connecticut General Statutes § 14-150(e), except in the case that a vehicle that is not registered, such notice shall not require mailing to person's whose names are registered with the state Department of Motor Vehicles.
A. 
A hearing officer shall be appointed by the Mayor subject to the approval of the Town Council to conduct hearings authorized by this § 48-5. Such hearing officer shall work with the Chief of Police in the scheduling of hearings. The Chief of Police or his/her designee shall represent the police department at such hearing. A sworn police report shall be considered prima facia 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 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 violation of § 48-2 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 to any lienholder and to the owner, or if no owner can be identified, to the rider, within 30 days of the seizures. 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 Chief of Police, Stratford Police Department, 900 Longbrook Avenue, Stratford, Connecticut 06614 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 the written request 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 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 the motor vehicle or criminal laws of his state; 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 to the owner ordering 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. 
No motorized recreational vehicle shall be forfeited under this chapter to the extent of the interest of an owner or lienholder by reason of any act of omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such motorized recreational vehicle was being used or was intended to be used in violation of this chapter and such owner or lienholder collects such motorized recreational vehicle not later than 90 days after the date, whichever is later, that the town of Stratford (1) posts notice on the municipality's Internet web site indicating that motorized recreational vehicle shall be forfeited if not collected within such 90-day period, and (2) mails such notice to such owner or lienholder.
G. 
Any motorized recreational vehicle ordered forfeited shall be sold at public auction or destroyed by the Town of Stratford. If sold, the proceeds of such sale shall be deposited into the general fund of the Town of Stratford. Notwithstanding Subsection F above, 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 dealer offering for sale, lease, or rental any motorized recreational vehicle shall post this ordinance in a prominent location at the motorized recreational dealer's place of business.
B. 
Any such motorized recreational dealer who violates any provision of this section shall have committed an infraction. For the 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 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/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 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 article, if operated in violation of § 48-2 and unless that vehicle is conveyed to and from the retailer's premises by a registered motor vehicle, as defined in Connecticut General Statutes § 14-1, as may be amended, and no individual shall purchase or attempt to purchase gasoline for use in any motorized recreational vehicle in violation of this section.
B. 
Signs with the words "FUELING OF ALL-TERRAIN VEHICLES, MINI-CYCLES, DIRT BIKES, OR OTHER UNAUTHORIZED VEHICLES PROHIBITED", 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 this section who owns or is employed by a retail dealer that has been previously issued one warning as the result of a previous violation 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.