Public Protection & Safety

FIFTEEN ROPE FERRY ROAD PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
AGENDA *Revised
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE OF THE RTM
Special Meeting
Thursday, August 29, 2024
6:30 P.M. - Waterford Town Hall
Louise Appleby Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Comment
To Consider and act upon the minutes of the August 14, 2024 meeting.
Consideration of and possible action on items referred to committee:
A. Open Burn Ordinance, RTC 12/04/23
B. ATV and Dirt Bike Ordinance Consideration, RTC 10/02/23
C. Review of ordinance 2.36 and HB-5279 for legal review and
recommendation of assigned duties to the Director of Fire Services, RTC
06/03/24
7. Adjournment
8i= sr]
=m
>. @ 3<
G? me
Nn As
4 of
_ oe]
A p> Fo
Fl oR
es
8 o
*Day was revised to Thursday

PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
www.waterfordct.org
WATERFORD, CT 06385-2886
Public Protection and Safety Standing Committee of the RTM
Meeting Minutes, August 14th 2024
1.) Called Meeting to order at 1831 4 = 2
8 BS oO
3.) Roll Call- Present- Gauthier, Condon, Dembek = = Bo
Absent- Monahan, Mullen Kohl a = rare
2 o aan
Others Present: RTM Member Driscoll, Chief Balestracci aN 2S
BN 0 oz
4.) Public Comment- None » iy IS
w 2B
w o
5.)To consider and act upon the February 20th 2024 meeting minutes
Motion to accept by Gauthier, second by Dembek
Motion passed 3-0
6.) To consider and act upon an appointment to the Fire Service Review Special
Committee
Gauthier nominated Timothy Condon, Second by Dembek,
Vote 2-0-1 (Condon abstained)
7.) Consider and possible action on items referred to committee:
A.) Open Burn Ordinance, RTC 12/04/23
Committee held brief discussion but will request the Fire Marshall to join us for our next
meeting. No action taken.
B.) ATV and Dirt Bike Ordinance Consideration, RTC 10/02/23
Committee reviewed the request from the Police Department. Floor turned over to
Chief Balestracci. Chief gave committee other community's ordinances dealing with the
same issue. Chief requested that the committee look these over as templates for
possible ordinance creation. Committee briefly reviewed the documents and will as a
matter of general consensus send the Town of Guilford's ordinance to the Town
Attorney for review and modification. Chairman Condon will reach out to the Town
Attorney with questions posed by committee and to advise where the committee would
like to start based on the Chiefs recommendations. No action taken.
C.) Review of ordinance 2.36 and HB-5279 for legal review and recommendation of
assigned duties to the Director of Fire Services, RTC 06/03/24
Chairperson Condon gave brief overview of the purpose of the HB-5279 and now Public
Act 24-16. Committee looked over ordinance 2.36 Fire Services. Chairperson Condon

recommended adding language under duties of the Director of Fire Services to include
these new responsibilities and perhaps craft language that may future proof the
ordinance to recognize the Director as the Fire Chief for purposes of state
statues. Committee had general consensus and will return next meeting with possible
language. Chairperson Condon did express the need to be expedient as this issue
must be addressed by October 1st 2024.
8.) Adjournment- Motion by Dembek, Second by Gauthier, meeting adjourned at 1925
Respectfully submitted,
Timothy Condon

WATERFORD POLICE DEPARTMENT
41 AVERY LANE
WATERFORD, CT 06385-2819
Marc Balestracci (860) 442-9451 TEL
Police Chief mbalestracci@waterfordct.org
To: Paul Goldstein- Moderator of the RTM
Cc: David Campo-Town Clerk
From: Marc Balestracci, Chief of Police
Date: August 15, 2023
Re: All-terrain vehicle ordinance consideration
Moderator Goldstein,
In the State of Connecticut, including New London County, police departments have been challenged by the illegal
operation of dirt bikes and ATVs on public roads. Oftentimes, large groups of individuals coordinate efforts to
illegally use public roadways with these vehicles, which create extremely dangerous and confusing situations.
As the laws in Connecticut restrict some of the abilities of police to combat these street takeovers, departments in
southeast Connecticut have coordinated efforts recently in hopes of better preparing for and potentially seeking
arrest warrants for those found involved.
During the discussions with other police departments, the City of New London ordinance referencing these
activities was mentioned as being yet another potential coordinated effort to combat this dangerous activity.
Therefore, 1am respectfully requesting that the Representative Town Meeting have a committee review the City
of New London ordinance, which is attached, in consideration of drafting a similar ordinance in Waterford. |
would also request that | speak with the committee, if assigned, as there may be certain areas of the ordinance
that may be different than the one provided by the City of New London.
Thank you for any consideration,
Marc Balestracci
Chief of Police
Waterford Police Department

2823, 1b? AM New Haven, CT Code of Ordinances
ARTICLE VI. - POCKET BIKES, MINIBIKES, DIRT BIKES, ALL-TERRAIN VEHICLES, ETC.
Sec. 29-131. - Definitions.
The following words, terms, and phrases, when used in this article, shail have the meanings ascribed
to them in this section:
All-terrain vehicle means a self-propelled vehicle designed to travel over unimproved terrain as
defined in Conn. Gen. Stat, § 14-379 and which has been determined by the commissioner of motor
vehicles to be unsuitable for operation on the pubtic highways.
Dirt bike means a two-wheeled motorized recreational vehicle designed to travel over unimproved
terrain and not designed for travel ona highway, as defined in Conn, Gen. Stat.§ 14-1, "Dirt bike" does
not include an all-terrain vehicle, as defined in Conn. Gen. Stat. 8 14-379, or a mator-driven cycle, as
defined in Conn. Gen. Stat.§ 14-1.
EPAMD shall mean any electric personal assistive mobility device (hereinafter "EPAMD") that is seilf-
balancing, has two (2) non-tandem wheels, is designed to transport one (1) person, and has an electric
propulsion system that produces an average power output of no more than 750 watts.
Mini cycle means pocket bikes, miniature (hereafter “mini*) bikes, mini cycles, mint sport bikes, mini
motorcycles, chopper scooters, and any other similar wheeled vehicle designed to transport one (1) or
More persons that is powered by any type of motor.
Motor-driven cycle means any motorcycle, motor scooter, or bicycle with an attached motor, with a
Seat height of not less than twenty-six (26) Inches, and a motor having a capacity of less than fifty (50)
cubic centimeters of piston displacement.
Motorized recreational vehicle shall mean a wheeled vehicle, with a motor, intended to be rode by one
(1) 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:
(1) Any registered "motorcycle" as defined in the Conn. Gen. Stat. 8 14-1(59),
(2) Any registered “motor vehicle" as defined in Conn. Gen, Stat. § 14-1(58)};
(3) Any moped that meats 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 ail applicable state laws,
rules, and regulations and all City of New Haven ordinances;
about:blank

8/28/23, 10:52 AM New Haven, CT Code of 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;
(5) Any self-propelfed 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 (4) miles per hour;
(6) Any vehicle owned or leased by the City of New Haven;
(7) Any EPAMD as defined herein;
(8) Any bicycle or trail bike without a motor:
(9) Any golf cart;
(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 City of New Haven.
Motorized recreational vehicle dealer means 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.
Snowmobile means a vehicle with a motor, with runners in the front and caterpillar tracks in the rear,
intended to be used by one (1) or more persons for travelling over ice and snow.
(Ord. No, 1374, 5-2-05; Ord. No. 1721, §§ 2,3, 9-16-13; Ord. No, 1902, 12-7-20)}
Sec, 29-132, - Operations prohibited.
(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 City of New Haven or on any public property, including but not
limited to school property, playgrounds, and parks within the City of New Haven.
(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 City of New Haven
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)
about:blank
aly

8128/23, 10:52 AM
New Haven, CT Code of Ordinances
lt shall be unlawful for any person allowed to operate a motorized recreational vehicte by a private
property owner to operate that vehicle on private property in violation of the City of New Haven noise
ordinance as defined in_section 18-75 et seq. of this Code of General Ordinances.
(e) 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 City of New Haven, except as
provided herein, An EPAMD may be operated on any designated bike line or sidewalk and/or
crosswalk. Such operator must adhere to the regulations of such travel lane as defined by the
Traffic Commission and in no instance shall the speed of operations exceed five (5) miles per
hour on any sidewalk. Where no such bike lane or sidewalk exists, 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 subsection
29-131 above and shall comply with any applicable State of Connecticut laws or regulations.
(Ord. No, 1374, 5-2-05; Ord. No. 1721,84, 9-16-13; Ord. No. 1902, 12-7-20)
Sec, 29-133. - Penalty.
(a) Any person who operates any motorized recreational vehicle in violation of subsection _29-
132(a) or_29-132(c) above, or any owner of any motorized recreational vehicle who knowingly
permits its operation in violation of subsection 29-132(a) or 29-132(c) above, shall be fined one
thousand dollars ($1,000.00) for a first violation, shall be fined one thousand five hundred
dollars ($1,500.00) for a second violation, and shall be fined two thousand dollars ($2,000,00)
for a third or subsequent violation.
(b) Any person age sixteen (16) or ofder wha rides as a Passenger on any motorized recreational
vehicle in violation of subsection 29-132(c) 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 Subsection 29-132(b), shall be fined two hundred fifty dollars ($250.00).
{c) Any person in violation of this ordinance may be detained by a police officer for purposes of
enforcing the provisions of this ordinance. Any motorized recreational vehicle used in
violation of this ordinance shail be seized by any police officer and shall be forfeited to the
city, subject to any bona fide lien, lease, or security interest in the motorized recreational
vehicle, including, but not limited to, a lien under Conn. Gen. Stat, § 14-66c.
(d) Any person who operates an EPAMD in violation of subsection_29-132(d) above or is the owner
of an EPAMD who knowingly permits its operation in violation of subsection 29-132(d) above
that has been previousty issued one (1) warning as the result of a previous violation of
subsection_29-132(e) above, shall be fined two hundred fifty dollars ($250,00).
(Ord. No, 1374, 5-2-05; Ord, No, 1721, 85, 9-16-13; Ord. No, 1902, 12-7-20)
Sec, 29-134, - Seizure of motorized recreational vehicles; disposal.
about:blank
a7

8/28/23, 10:52 AM
New Haven, CT Code of Ordinances
(a) Any person who operates a motorized recreational vehicte in violation of subsection_29-132(a)
(b)
above or is the owner of any such vehicle who knowingly permits its operation in violation of
subsaection_29-132(a} above will be Subject to seizure of said vehicle(s) pursuant to Conn. Gen.
Stat, § 54-33g, which allows for seizure of property. A police officer who observes any
motorized recreational vehicle being operated in violation of subsection_29-132(a), (b}, (c}, or
(d) above may detain such person for purposes of enforcing the provisions of this article 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 twenty-four (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,
Any such motorized recreational vehicle that is not claimed by its owner under the terms of
this section for a period of forty-five (45) days after seizure or in the case of a vehicle being
held as evidence not claimed by its owner within forty-five (45) days of the cessation of such
investigation or disposition of such criminal proceeding, 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 Conn. Gen. Stat, 8 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.
(Ord. No. 1902, 12-7-20)
Sec, 29-134.1. - Hearing prior to forfeiture of motorized recreational vehicle.
about:blank
(a) A hearing officer shall be appointed by the mayor subject to the approval of the board of
alders 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 proof of the violation. The owner or lienholder
may cross examine any witness and present evidence and argument in opposition to the city'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
ay

8/28/23, 10:52 AM
New Haven, CT Code of Ordinances
amounting to probable cause for a violation of section 29-132 or any other city 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 toa hearing prior to the disposal of the motorized
recreational vehicle will be delivered on a form approved by corporation counsel and board of alders to
any lienholder and to the owner of the motorized recreational vehicle, or if no owner can be identified,
to the rider, within thirty (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, New Haven Police Department, 1 Union Avenue, New Haven,
Connecticut 06519 within thirty (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.
about:blank
(b)
(d)
(e}
f
Said hearing shall be conducted by the hearing officer and shall be held not more than thirty
(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 fienholder no later than ten (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.
Any party to the hearing may, at his/her expense, record the hearing. Any party to the hearing
may be represented by counsel.
A motorized recreational vehicle may be ordered forfeited upon a finding of any, but not
limited to, 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
viojation of any city ordinance or the motor vehicle or criminal laws of this 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.
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 motor vehicle that is required to be
kept as evidence in any investigation or legal proceeding related to any criminal or motor
vehicle offense.
Any motorized recreational vehicle that is subject to a bona fide mortgage, assignment of
lease or rent, lien, or security interest shail not be ordered forfeited in violation of the rights
of the holder of such mortgage, assignment of lease or rent, lien, or security interest.
5i7

8/28/23, 10-52 AM New Haven, CT Céde of Ordinances
(g) Any motorized recreational vehicle ordered forfeited shall be disposed of consistent with
applicable law,
(h) If within thirty (80) 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.
(Ord. No. 1902, 12-7-20)
Sec. 29-135. - Posting by motorized recreational vehicle dealer.
Each motorized recreational vehicle dealer offering for sale, lease, or rental any motorized
recreational vehicle shall post this article in a prominent location at the motorized recreational vehicle
dealer's place of business.
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 one
hundred dollars ($100.00). Any continuing violation that is discovered during any subsequent
reinspection shall result in a fine of one hundred dollars ($100.00). Each reinspection at which a
violation Is discovered shall constitute a separate violation.
(Ord. No. 1902, 12-7-20)
Sec, 29-136. - Sale of gasoline for illegal purposes.
(a) No owner or employee of any retail dealer of gasoline shall sell, offer for sale, or attempt ta
sell any article or product represented as gasoline for use in any motorized recreational
vehicle as defined in this article, unless that vehicle is conveyed to and from the retailer's
premises by a registered motor vehicle, as defined in Conn. Gen. Stat.§ 14-1, as may be
amended, and no individual shall purchase or attempt to purchase gasoline for use in any
motorized recreational vehicle as defined in this article,
(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 O DIRT BIKES 0 A OTROS VEHICULOS NO
AUTORIZADOS" in Spanish at feast one (1) inch in height with a contrasting margin shall be
posted at al} dispensing locations. The location of warning signs shall be based on local
conditions but shall be visible and legible from all gas DUIMpS.
(c)
about:blank 67

8/28/23, 10,52 AM New Haven, CT Code of Ordinances
Any owner or employee of any retail dealer of gasoline who violates any provision of subsections {a} or
(b) of this section who owns or is employed by a retail dealer that has been previously issued one (1)
warning as the result of a previous violation of subsections {a) or (b) of this section shall ba fined one
hundred dollars ($100.00) 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.
(Ord, No, 1902, 12-7-20)
about:blank
WW

AN ORDINANCE TO REGULATE
ALL-TERRAIN VEHICLES AND OTHER MOTORIZED RECREATIONAL VEHICLES
1. Purpose:
The purpose of this ordinance 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, Section 14-390(a). This ordinance 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.
2. Definitions
As used in this ordinance, the following terms shall have the meanings indicated:
All-terrain vehicle: means a self-propelled vehicle designed to travel over unimproved terrain as defined
in Conn, Gen. 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; means a two-wheeled motorized recreational vehicle designed to travel over unimproved
terrain and not designed for travel on a highway, as defined in Conn. Gen. Statutes §14-390m. “Dirt
Bike” does not include an all-terrain vehicle, as defined in Conn. Gen. Statutes §14-379, or a motor-
driven cycle, as defined in Conn. Gen. Statutes §14-1.
EPAMD: means any electric personal assistive mobility device (hereinafter “EPAMD”) that is self-
balancing, has two (2) non-tandem wheels, is designed to transport one (1) person, and has an electric
propulsion system that produces an average power output of no more than 750 watts.
Mini cycle: means 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 (1) or
more persons that is powered by any type of motor.
Motor-driven cycle: means any motorcycle, motor scooter, or bicycle with an attached motor, with a
seat height of not less than twenty-six (26) inches, and a motor having a capacity of less than fifty (50)
cubic centimeters of piston displacement.
Motorized recreational vehicle: shall mean a wheeled vehicle, with a motor, intended to be rede ridden
by one (1) 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:
A. Any registered “motorcycle” as defined in the Conn. Gen. Stat. §14-1. (59);
B. Any registered “motor vehicle” as defined in Conn. Gen. Stat. §14-1, (58);

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 taws, rules, and
regulations and all Town of Guilford 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 ailment;
E. 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 (4) miles per hour;
F. Any vehicle owned or leased by the Town of Guilford;
G. Any EPAMD as defined herein;
H. Any bicycle or trail bike without a motor;
|. Any golf cart;
J. Any agricultural equipment such as tractors and farm implements;
K. Any construction machinery; and
L. 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.
Motorized recreational vehicle dealer: means 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: shall include 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.
Snowmobile: means a vehicle with a motor, with runners in the front and caterpillar tracks in the rear,
intended to be used by one (1) or more persons for travelling over ice and snow.
3. Operation Prohibited
(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 te 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)
(e)
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.
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 (5) 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 Conn. Gen. Stat. §42-330(1})(A} and shall comply with any
applicable State of Connecticut laws or regulations.
Noise. No person shall operate or cause to be operated a motorized recreational vehicle in
violation of Chapter 208 of the Guilford Town Ordinances — Noise.
4, Penalty
Violation of any section of this ordinance 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:
1. First Offense: $1,000.00
2. Second Offense: $1,500.00
3. Third and subsequent offenses: $2,000.00
Any person aged sixteen (16) or older who rides as a passenger in violation of this ordinance
shall be fined two hundred fifty dollars ($250.00).
Any person in violation of this ordinance may be detained by a police officer for purposes of
enforcing the provisions of this ordinance.
Any person who operates an EPAMD in violation of subsection 29-432 3(d) above or is the
owner of an EPAMD who knowingly permits its operation in violation of subsection 29-432:3(d)
above that has been previously issued one (1) warning as a result of a previous violation of
subsection 3(d) above, shall be fined two hundred fifty dollars ($250.00).
5. Notice and hearing procedures for citations.
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 Section 7-152c, Hearing Procedures for Citations, as the same may be amended from time to
time by the General Assembly.

6. Seizure of motorized recreational vehicles; disposal
a. in accordance with the authority granted by Section 14-390(a)(2) and Section 14-390m(a)(2),
any person who operates a motorized recreational vehicle in violation of this ordinance or is the owner
of any such vehicle who knowingly permits its operation in violation of this ordinance 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 ordinance may detain such person for purposes of enforcing
the provisions of this article 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 twenty-four (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 forty-five (45) days after seizure or in the case of a vehicle being held as evidence
not claimed by its owner within forty-five (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 Conn. Gen. Stat. §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.
7. Hearing prior to forfeiture of motorized recreational vehicle.
a. A hearing officer shail 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 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 ordinance 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 thirty (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 thirty (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 shail be conducted by the hearing officer and shall be held not more than thirty
(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 ten (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 thirty (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.
8. Posting by motorized recreational vehicle dealer.
a. Each motorized recreational vehicle dealer offering for sale, lease, or rental any motorized
recreational vehicle in the Town of Guilford shall post this ordinance 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. Fora 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 one hundred dollars ($100.00). Any continuing violation
that is discovered during any subsequent reinspection shall result in a fine of one hundred
dollars ($100.00). Each reinspection at which a violation is discovered shall constitute a
separate violation.
98. Sale of gasoline for illegal purposes.
a. No owner or employee of any retail dealer of gasoline in the Town of Guilford shall sell, offer for
sale, or attempt to self any article or product represented as gasoline for use in any motorized
recreational vehicle as defined in this article, unless that vehicle is conveyed to and from the
retailer’s premises by a registered motor vehicle as defined in Conn. Gen. Stat. §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 (1) 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 (1) warning as the
result of a previous violation of subsections (a) or (b) of this section shall be fined one hundred
dollars ($100.00) 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.
d. Any individual who purchases or attempts to purchase gasoline for use in any motorized
recreational vehicle in violation of subsection (a) of this section shall be fined one hundred
dollars ($100) per occurrence.
10. No conflict with state statutes, rules or regulations.
This ordinance shall not be construed to conflict with any state statute, rule or regulation. Ifa provision
of this ordinance is inconsistent with any state statute, rule or regulation, the provision of the state
statute, rule or regulation shall govern.
11. Severability.
if any provision, paragraph, sentence, word or part of this ordinance or its application to any person or
circumstances is held to be invalid, the invalidity does not affect other provisions or applications of this

ordinance, which can be given effect without the invalid provision, paragraph, sentence, word, part or
application, and to this end the provisions of this ordinance shall be severable.

Mend
Loner)
Sec, 20-11. All-terrain vehicles, mini bikes, mini motorcycles and dirt bikes on streets and
public property prohibited.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this section:
All-terrain vehicle means 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 (3) 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 non-paved terrain. Such vehicles do not include trail bikes,
golf carts, agricultural tractors, farm implements and construction machines.
Alt-terrain vehicle dealer means any person engaged in the business of manufacturing, selling, leasing or
renting all-terrain vehicles, mini bikes, as defined by this section, mini-motorcycles, as defined by this section, or
dirt bikes, as defined by this section, at retail having a regular and established place of business within the city.
Dirt bike shall mean 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.
Mini-motorcycle shali mean a vehicle that has not more than three (3} wheels in contact with the ground, has
a manufactured seat height of less than twenty-six (26) inches measured at the lowest point on top of the seat
cushion without the ride, and fs propelled by an engine having a piston displacement of less than fifty (50) c.c.
Pocket bikes, mini bikes, mini sport bikes, mini dirt bikes, chopper scooters, motor scooters, bicycles with
helper motors, and any other similar vehicle (hereinafter collectively “mini bikes") shall mean any wheeled vehicle
designed to transport one (1) or more persons that is powered by any type of motor.
As used in this section, "all-terrain vehicle", "mini bike", "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 ail applicable state laws, rules, and regulations and all city
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 snow plow, snow blower or lawn mower when used for the purpose for which it was
designed and operated at a speed not to exceed four (4) miles per hour;
{6} Any vehicle owned or leased by the city; and
(7) Any electronic assistive mobility device as defined by the City Code.
(b) Operations prohibited.
(1) It shall be unfawful for any person to operate an alf-terrain vehicle, mini bike, mini motorcycle, or dirt
bike and/or for any owner of an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike to knowingly
permit the operation of his/her all-terrain vehicle, mini bike, mini motorcycle, or dirt bike on any street
Created: 2022-02-10 19:12:46 [EST]
(Supp. No. 23)
Page 1 of 3

(c)
(4)
or sidewalk in the city or on any public property, including but not limited to school property,
playgrounds and parks, within the city.
It shall be unlawful for any person to ride as a passenger on an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, mini bike, mini motorcycle, or
dirt bike to knowingly permit any person to ride as a passenger on his/her ali-terrain vehicle, mini bike,
mini motorcycle, or dirt bike operated in violation of subsection (1) above.
It shall be unlawful for any person to operate an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike, ride as a passenger on an all-terrain vehicle, mini bike, 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 city, without first obtaining the written permission of the property owner if the
property is not owned by the operator, passenger, and/or owner of the all-terrain vehicle, mini bike,
mini motorcycle, ar dirt bike.
This section shall not be applicable to any dirt bike being operated upon any road or highway provided
that, (i) said dirt bike is properly and validly registered with the Connecticut Department of Motor
Vehicles and (ii) is being operated in compliance with all applicable motor vehicle laws of the state,
Penalty.
{(Q)
(2)
(3)
Any person who operates an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike in violation of
subsection (b)(1) and/or (b}{3) above, or is the owner of an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike who knowingly permits its operation in violation of subsection (b)(1) and/or
{b}(3) above, shall be fined up to one thousand dollars ($1,000.00) for a first violation, shall be fined up
to one thousand five hundred dollars ($1,500.00) for a second violation, and shall be fined up to two
thousand dollars ($2,000.00) for a third or subsequent violation.
Any person who rides as a passenger on an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike in
violation of subsection (b}{1) above, or is the owner of an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike who knowingly permits a passenger to ride on his/her all-terrain vehicle, mini
bike, mini motorcycle, or dirt bike in violation of subsection (b){2), shall be issued a citation.
Any police officer that observes any person in violation of this section may detain such person for
purposes of enforcing the provisions of this section. Any all-terrain vehicle, mini bike, mini motorcycle,
or dirt bike used in violation of this section shall be seized by any police officer and shall be forfeited to
the city, subject to any bona fide lien, lease or security interest in the all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike, including, but not limited to, a fen under General Statute § 14-66c.
Any all-terrain vehicle, mini bike, mini motorcycle, or dirt bike ordered forfeited pursuant to this
section shall be either (i) sold at public auction conducted by the city, with the proceeds of such sale
being paid to the treasurer of the city who shall deposit such proceeds into the general fund of the
municipality, or (ii) be destroyed by the city.
Posting by all-terrain vehicle dealer. Each all-terrain vehicle dealer offering for sale, lease or rental any all-
terrain vehicle, mini bike, mini motorcycle, or dirt bike shall post this section in a prominent location at said
all-terrain vehicle dealer's place of business. Any all-terrain vehicle dealer who violates any provision of this
section shall be fined one hundred dallars ($100.00).
Sale of gasoline for iflegal purposes.
(4)
No retail dealer of gasoline shall sell, offer for sale, or attempt to sell, any article or product
represented as gasoline for use in an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike as
defined in this section, unfess that vehicle is conveyed to and from the retailer's premises by a
registered mator vehicle, as defined in General Statute § 14-1, as may be amended, and no individual
shall purchase or attempt to purchase gasoline for this purpose.
Created: 2022-02-28 19:12:46 [EST]
(Supp, No, 23}
Page 2 of 3

{2} Signs with the words "FUELING OF UNAUTHORIZED VEHICLES PROHIBITED® in English and "PROHIBIDO
DESPACHAR GASOLINA A VEHICULOS NO AUTORIZADOS'" in Spanish at least one {1} 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 shalj be visible and legible from all gas pumps.
(3) An individual or retail dealer of gasoline who violates any provision of subsections (1) and/or (2) of this
section shall be fined one hundred dollars ($100.00).
(Ord. No, 06-18-18-3, § 1}
Editor's note(s)—Ord, No. 06-18-18-3, § 1, did not specify manner of inclusion; hence, inclusion as section 20-11 is
at the discretion of the editor. 
:
Created: 2622-@2-20 19:22:46 [EST]
(Supp. No, 23}
Page 3 of 3

N
Oo ON DE &
10
il
12
13
14
15
sr oF CONNEC IH,
Gage *
General Assembly Raised Bill No. 5413
February Session, 2024 LCO No, 2445
102445 JUDe
Referred to Committee on JUDICIARY
Introduced by:
(UD)
AN ACT CONCERNING THE ILLEGAL USE OF CERTAIN VEHICLES
AND STREET TAKEOVERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 14-390 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Any municipality may, by ordinance, regulate the operation and
use, including hour