Town of Newington, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Newington 10-10-2019 by Ord. No. 1719-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 415, Vehicles, Recreational, adopted 9-25-1980.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
ALL-TERRAIN VEHICLE
A self-propelled vehicle designed to travel over unimproved terrain and which has been determined by the Commissioner of Motor Vehicles to be unsuitable for operation on the public highways and also defined as any three or more wheeled motorized vehicle, generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator and handlebars for steering, which is intended for off-road uses by an individual rider on various types of nonpaved terrain. Such vehicles do not include trail bikes, golf carts, agricultural tractors, farm implements and construction machines.
ALL-TERRAIN VEHICLE DEALER
Any person engaged in the business of manufacturing, selling, leasing or renting all-terrain vehicles, minibikes, as defined by this chapter, mini motorcycles, as defined by this chapter, or dirt bikes, as defined by this chapter, at retail having a regular and established place of business within the Town of Newington.
A. 
A two-wheeled motorized recreational vehicle designed to travel over unimproved terrain and not designed for travel on a highway, and also defined pursuant to General Statute § 14-390m(d) as may be amended.
B. 
As used in this chapter, All-terrain vehicle, minibike, mini motorcycle and dirt bike shall not include the following:
(1) 
Any registered "motorcycle" as defined in General Statute § 14-1(46);
(2) 
Any registered "motor vehicle" as defined in General Statute § 14-1(47);
(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 Newington 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 Newington; and
(7) 
Any electronic assistive mobility device.
MINI MOTORCYCLE
A vehicle that has not more than three wheels in contact with the ground, has a manufactured seat height of less than 26 inches measured at the lowest point on top of the seat cushion without the ride, and is propelled by an engine having a piston displacement of less than 50 c.c.
POCKET BIKES, MINIBIKES, MINI SPORT BIKES, MINI DIRT BIKES, CHOPPER SCOOTERS, MOTOR SCOOTERS, BICYCLES WITH HELPER MOTORS, AND ANY OTHER SIMILAR VEHICLE (HEREINAFTER COLLECTIVELY "MINIBIKES")
Any wheeled vehicle designed to transport one or more persons that is powered by any type of motor.
A. 
It shall be unlawful for any person to operate an all-terrain vehicle, minibike, mini motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike to knowingly permit the operation of his/her all-terrain vehicle, minibike, mini motorcycle, or dirt bike on any street or sidewalk in the Town of Newington or on any public property, including but not limited to school property, playgrounds and parks, and open space within the Town of Newington.
B. 
It shall be unlawful for any person to ride as a passenger on an all-terrain vehicle, minibike, mini motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike to knowingly permit any person to ride as a passenger on his/her all-terrain vehicle, minibike, mini motorcycle, or dirt bike operated in violation of Subsection A above.
C. 
It shall be unlawful for any person to operate an all-terrain vehicle, minibike, mini motorcycle, or dirt bike, ride as a passenger on an all-terrain vehicle, minibike, mini motorcycle, or dirt bike, and/or for any owner of an all-terrain vehicle or mini cycle to knowingly permit its operation on any private property, within the Town of Newington, without first obtaining the permission of the property owner if the property is not owned by the operator, passenger, and/or owner of the all-terrain vehicle, minibike, mini motorcycle, or dirt bike.
D. 
This chapter shall not be applicable to any dirt bike being operated upon any road or highway provided that, said dirt bike is properly and validly registered with the Connecticut Department of Motor Vehicles and is being operated in compliance with all applicable motor vehicle laws of the State of Connecticut.
A. 
Any person who operates an all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2A and/or C above, or is the owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike who knowingly permits its operation in violation of § 415-2A and/or C above, shall be fined up to $1,000 for a first violation, shall be fined up to $1,500 for a second violation, and shall be fined up to $2,000 for a third or subsequent violation.
B. 
Any person who rides as a passenger on an all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2B above, or is the owner of an all-terrain vehicle, minibike, mini motorcycle, or dirt bike who knowingly permits a passenger to ride on his/her all-terrain vehicle, minibike, mini motorcycle, or dirt bike in violation of § 415-2B, shall be issued a citation.
C. 
Any police officer that observes any person in violation of this chapter may detain such person for purposes of enforcing the provisions of this chapter. Any all-terrain vehicle, minibike, mini motorcycle, or dirt bike used in violation of this chapter shall be seized by any police officer and shall be forfeited to the Town, subject to any bona fide lien, lease or security interest in the all-terrain vehicle, minibike, mini motorcycle, or dirt bike, including, but not limited to, a lien under General Statute § 14-66c, provided said person is found liable administratively or guilty in a court of law.
D. 
Any all-terrain vehicle, minibike, mini motorcycle, or dirt bike ordered forfeited pursuant to this chapter shall be destroyed by the Town.