RTM Agenda and Backup (linked)

FIFTEEN ROPE FERRY ROAD
P ONE:-860- 44220553
WATERFORD, CT 06385-2886
f www. Water! fordehorg
ATV AND DIRT BIKE ORDINANCE CONSIDERATION, RTC 40/02/23
PUBLIC PROTECTION & SAFETY COMMITTEE OF THE RTM,
Feb. 20, 2024 Meeting: Brief initial instruction and review of request from the Waterford
Police dept. RTM Member Driscoll informed the committee that the state legislature is
also looking into this issue. Committee asked the Chair to reach out to the Chief of the
Police Department and ask if he was able to wait until the end of the legislative session
in Hartford to determine what action the State takes.
Aug. 14, 2024 Meeting: Chief Balestracci was in attendance for discussion. 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
Aug. 29, 2024 Meeting: Committee expressed needed changes to the various ordinances
presented last time by the Chief of Police. The committee reviewed a few ordinances with the
attorney and expressed that the Town of Guilford offers the best template to build off of. Town
attorney will review Guilford ordinance along with committee comments and produce a
document for review.
March 31, 2025 Meeting: Attorney Avena presented a draft ordinance to the committee
for review and comment. Committee reviewed the document which Attorney Avena had
put together combing multiple other Towns ordinances. Committee requested that we
reach out to the Police Department for comment and possible attendance at our next
meeting.
June 30, 2025: Draft ordinance presented by legal. Chief Balestracci provided history
and benefits of the proposed ordinance. It was decided that language should match
New London. The appeal process was discussed. A unanimous motion was passed to
send the ordinance to a Public Hearing.
July 21, 2025 Public Hearing: No comments from the public. During the meeting portion a
motion was passed unanimously to report issue out of committee and recommend the proposed
ordinance because of the unsafe and illegal operation of ATV’s and dirt bikes in Waterford with
changes to 10.10.010. (See Attachment)
Submitted by
Tim Condon, PP&S Chair
encl: Chptr 10.10 All-Terrain Vehicles—Final Draft 7/23/25

Chapter 10.10
All-Terrain Vehicles Ordinance
10.10.010 Declaration of Policy.
10.10.020 Definitions.
10.10.030 Prohibition.
10.10.040 Penalties.
10.10.050 Sign Posting Required for All-Terrain Dealers.
10.10.060 Sale of Gasoline for [illegal Purposes. he ok
10.10.070 Appeal. .
10.10.0109 Declaration of Policy.
As authorized under C.G.S. Section 14-390(A), the Police Chief and Police Commission have
become concerned with unregistered and unsafe vehicle use in Waterford. Therefore, all-terrain
vehicles, mini bikes, mini motorcycles and dirt bikes on streets and public property are
prohibited.
10.10.020 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.
All-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 Town.
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.
i

Mini-motorcycle shall 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 is 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);
(@) 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 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 Town; and
(7) Any electronic assistive mobility device as defined by the Town Code.
(8) Electric (“E”) Bikes as defined by state statute.
10.10.030 Prohibitions
(1) Itshall be unlawful for any person to operate an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, mini bike,
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 or sidewalk in the
Town or on any public property, including but not limited to school property,
playgrounds and parks, within the Town.
(2) 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 all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike operated in violation of subsection (1) above.
(3) ‘It shall be unlawful for any person to operate an all-terrain vehicle, mini bike, mini
motoreycle, or dirt bike, ride as a passenger on an all-terrain vehicle, mini bike, mini
2

)
10.10.040
Q)
2)
3)
(4)
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, 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, or 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 Jaws of the state.
Penalties.
Any person who operates an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike in violation of subsection 10.10.030(1) and/or 10.10.030(2) 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 10.10.030(1) and/or
10.10.030(2) 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.
Any person aged sixteen (16) or older who rides as a passenger on an all-terrain
vehicle, mini bike, mini motorcycle, or dirt bike in violation of subsection
10.10.030(2) 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
10.10.030(1), shall be fined two hundred fifty dollars ($250.00).
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 Town, 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 lien 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
Town, with the proceeds of such sale being paid to the treasurer of the Town who
shall deposit such proceeds into the general fund of the municipality, or (ii) be
destroyed by the Town. See Connecticut General Statute § 54-339.

10.10.050
Sign Posting Required for All-Terrain Dealers.
Each all-terrain vehicle dealer in Waterford 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 and fifty dollars ($150.00).
10.10.060
(1)
(2)
@)
10.10.070
Sale of Gasoline for Hlegal Purposes.
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 Ordinance, unless that vehicle is conveyed
to and from the retailer's premises by a registered motor 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.
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 shall be visible and legible from
all gas pumps, subject to zoning sign permits.
An individual or retail dealer of gasoline who violates any provision of subsections
(1) and/or (2) of this section shall be fined two hundred dollars ($200.00) per each
day the violation occurs.
Appeal.
An appeals hearing process shall be made available to the owner or lien holder prior to forfeiture
of a motorized recreational vehicle as provided in Ordinance 10.09.070, entitled Hearing
Procedures.
Effective Date: This ordinance shall take effect 15 days after final action by the RTM.