Public Protection & Safety PUBLIC HEARING and Special Meeting Agenda and Backup

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE of the RTM
PUBLIC HEARING FOLLOWED BY SPECIAL MEETING
Monday, July 21, 2025/6:00 P.M. - Waterford Town Hall
Louise Appleby Room
PUBLIC HEARING Bl
1. Call to Order a
2. Pledge of Allegiance ; ‘ \
3. Roll Call “!
\
4. Public Hearing on proposed amendments to the Waterford Code of Ordinances,
Chapter 8.33 — Open Burning and Chapter 10.10 — All-Terrain Vehicles Ordinance.
(See Attachment)
5. Adjournment
SPECIAL MEETING
1. Call to Order
2. Roll Call
3. To consider and act upon the June 30, 2025 Meeting Minutes.
4. 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 assigned duties to the Director of Fire Services, RTC
06/03/24
D. Survivors Benefits in the Line of Duty, RTC 02/03/2025
5. Adjournment

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Chapter 8.33
OPEN BURNING
833.010 Declaration of Policy. JI Ss 2
8.33.020 Prohibition. e a = i
8.33.030 Open Burning Official; permit procedures. , 4 4 f ae
8.33.040 Excluded open fires; required permits. ‘ > = =
8.33.050 Standards for open burning permits. =~ ‘ = = 3
c oOo
8.33.060 Outdoor burn ban.
8.33.070 Violations and penalties.
8.33.010 Declaration of Policy.
The Town Fire Marshal is increasingly concerned about safety and environmental impacts
associated with the open burning of brush and other materials. To seek to ensure that the health
and safety of its residents is safeguarded, the Representative Town Meeting (RTM), pursuant to
the authority of Section 7-148 and Section 22a-174 of the Connecticut General Statutes, hereby
enacts legislation prohibiting all open burning except as noted.
8.33.020 Prohibition.
Except as hereinafter provided, no person shall set, cause or permit an open fire within the limits
of the Town of Waterford. As used herein, ‘person” means an individual, firm, partnership or
corporation. As used herein, “open burning” means the burning of any matter in such manner
that the products of combustion from the burning are emitted directly into the ambient air
without passing through an adequate stack or flue. Open burning thus includes burning done in
simple outdoor structures such as barrels and drums as well as on the ground surface.
8.33.030 Open Burning Official; permit procedures.
A. The First Selectman shall appoint one or more Open Burning Officials of the Town of
Waterford who shall be solely responsible for the issuance of permits for those open fires
excluded from the prohibition of section 8.33.020 of this chapter.
B. A permit application for any permitted open fire shall be made on forms furnished by the
Open Burning Official. Each application shall describe the purposes of the fire, the

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nature and quantity of the materials to be burned and such other information as the Open
Burning Official may require.
Cc. A permit issued under this section shall be applicable only for the occasion or the purpose
for which it was obtained.
8.33.040 Excluded open fires; required permits.
A. A permit shall not be required for the following open fires:
(1) Barbeques or other outdoor open fires for the purpose of cooking food for human
consumption.
(2) Fires to abate an immediate fire hazard, provided that the abatement fire is
supervised by a responsible fire official.
(3) Fires for training firefighters in methods of fighting fires as authorized by the Fire
Marshal and/or Fire Chief.
(4) _ Fires in an outdoor fireplace (Le., chimineas, patio hearths, fire rigs). Outdoor
fireplaces must be noncombustible and specifically designed to hold outdoor fires.
Fires shall not exceed four feet in diameter and only untreated natural wood is
permitted to be burned. Fires must be a minimum of 10 feet from any structure.
Drums of any kind shall not be permitted.
(5) Fires in salamanders or other similar devices used by construction or other
workers for heating purposes, which fires are essential to street installation or
paving activities, the repairing of utilities, or other similar work.
B. Permits shall be required for the following open fires:
(1) _ Fires for the prevention, control, or destruction of diseases and pests, and
agricultural burning for vegetation management.
(2) Campfires, bonfires or other fires for ceremonial or recreational purposes,
including cooking fires, that do not meet the standards as defined in Subsection
A(4) above.
c. Permits are required for the following open fires and may only be issued by the
Commissioner of the Department of Environmental Protection or his designee:
(1) Fires for the disposal of dangerous material such as toxic gases where there is not
a reasonable alternative method.
(2) _ Fires to thwart a hazard which cannot properly be managed by any other means or
is necessary for the protection of public health,

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8.33.050 Standards for open burning permits.
The Open Burning Official shall not issue a permit when it is determined that:
A. A hazardous health condition will be created by such burning:
B. The fire constitutes a salvage operation by open burning;
C. A practical and alternative method for the disposal of the material to be burned
exists, including but not limited to the following techniques: chipping, cutting for
forest products, land filling, piling for protective cover for wildlife and
stockpiling:
D. Such open burning would interfere with or prevent the attainment or maintenance
of a relevant ambient air quality standard;
E. The forest fire danger, as determined by the state forest fire warden, is high or
extreme and the area is within 100 feet of a woodland or grassland;
F. An advisory of an air pollution emergency episode state is in effect; or
G. Garbage, paper, grass, metals, plastics, leaves, rubber, painted materials or
demolition waste is to be burned.
8.33.060 Outdoor burn ban.
A. Whenever the state DEEP issues an outdoor burning ban on state properties, the Town
Fire Marshal is hereby authorized to issue a similar townwide ban.
8.33.070 Violations and penalties.
A. The Fire Marshal, police officer, and any Fire Department officer having jurisdiction,
after having been made aware of a particular open fire and having satisfied themselves as
to the circumstances and applicable requirements, shall cause any fire not specifically
permitted by this ordinance or any fire deemed a hazard or nuisance, to be immediately
extinguished, and may summon the fire service to accomplish this extinguishment.
B. Any person who violates this chapter shall be fined $250.00. Each singular daily event
shall be considered a separate violation.
(See Attachment A - Policies for Open Burning in Waterford)
Effective Date: This ordinance shall take effect 15 days after final action by the RTM.

ATTACHMENT Z|
Burn Permit
Purpose: To allow for open burning of brush only, on residential property
Brush is defined as shrubs, vegetation or prunings, the diameter of which is
not greater than three inches at the widest paint.
Non-processed wood is considered to be any untreated, natural wood up
to and including rough cut lumber.
Processed wood is considered to be any wood that has been milled and/or
planed and includes recycled wood, glued wood, treated wood, pallets,
crates, and/or wood scraps from these types of materials.
Burn only clean, non-processed wood.
* Burning must cease if directed so by the Fire Marshal’s Office or Officer of
the Fire Department, any designated municipal official responsible for
enforcing the open burning laws and ordinances, or any Official of the State
Department of Energy and Environmental Protection.
e Atno time during the burn should the fire be left unattended.
e Atthe completion of the burn period, all embers and coals must be
extinguished and wetted, so as to prevent smoldering and fugitive ash
emissions.
e All reasonable safety precautions are to be taken, including the clearing of
grass and trees in the burn area, wetting down of the surrounding area, and
the placement of fire extinguishers and hose lines.
e The Burn permit must be immediately available on site during the burn.

« Call Waterford Dispatch at (860}442-5331 before any burning is to take
place and when its complete.
« Burning may only be conducted between the hours of 10:00 A.M. and 5:00
P.M. on a sunny or partly sunny day with the wind speed between five and
fifteen miles per hour. The burn pile must be completely extinguished by
5:00 P.M. and all embers and coals must be extinguished and wetted.
e Burning may not create a nuisance to nearby properties if so, you can be
directed by personnel listed above to extinguish it regardless of the permit.
Open burning is not allowed:
« toclear land prior to construction activities
« Asameans to dispose of construction debris, household trash, or leaves.
«if the Air Quality Index (AQI) is forecasted to be 100 or higher anywhere in the
state
« if the Forest Fire Danger Index is rated High, Very High, or Extreme
« if national or state ambient air quality standards may be exceeded
« if a hazardous health condition might be created
« ifthere is an advisory from DEEP of any air pollution episode
You should not burn wood pallets, construction debris, painted wood,
stained/treated wood, or garbage in a campfire/bontfire, fire pit, chiminea or
other similar device.
Exceptions: The burning of non-processed wood in a campfire, chiminea or other
similar devices are not required to have a permit.
Reference: CT State DEEP Open burning official documentation 2024
Stephen Dubicki
Fire Marshal
Town of Waterford
5/29/2024

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Chapter 10.10
All-Terrain Vehicles Ordinance
10.10.010 Declaration of Policy.
10.10.020 Definitions. s g o2
10.10.030 Prohibition. dsr ‘| BS
10.10.040 Penalties. . + Ss =
10.10.050 Sign Posting Required for All-Terrain Dealers. z : \ 2 3
10.10.060 Sale of Gasoline for Illegal Purposes. \ > o
10.10.070 Appeal.
10.10.010 Declaration of Policy.
All-terrain vehicles, mini bikes, mini motorcycles and dirt bikes on streets and public
property prohibited as the Police Chief and Police Commission have become concerned with
unregistered and unsafe vehicle use in Waterford, as authorized under C.G.S. Section
14-390(A).
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.

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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 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 (60) 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 pétsons 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 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) It shall 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
be

GB)
(4)
10.10.040
Q)
Q)
(3)
(4)
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ride as a passenger on his/her all-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 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 laws 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

10.10.050
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shall deposit such proceeds into the general fund of the municipality, or (ii) be
destroyed by the Town. See Connecticut General Statute § 54-339.
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)
3)
10.10.070
Sale of Gasoline for Illegal 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.

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
if S282
Meeting Minutes
Monday 06/30/2025 2025
6pm Town Hall
Th
1.) Meeting Called to Order at 6:02 PM
2.) Pledge
~ 3.) Roil Call- Present, Condon, Dembek, Greene, Mullen Kohi
Absent- Monahan .
4.) Public Comment- Fire Marshall Dubicki spoke in regards to the radio system.
5.) To Considér 03/31/2025-minutes- Motion by Dembek 2TM by Greene to accept,
Vote-Unanimous -
6.) Consider of and possible action on items referred to Committee:
a. Open Burn Ordinance RTC 12/04/2023
' - Attorney Avena presented a draft ordinance to the committee for review
and comment. After a discussion and minor language changes a few
_ changes were proposed. Discussed adding cooking fires under 8.33.040
and B-2. Also, giving the Fire Marshall the ability to enact a burn ban.
b. ATV and Dirt Bike Ordinance Consideration, RTC 10/02/2023
Attorney Avena presented a draft ordinance to the committee for review
and comment. Chief Balestacci provided history and benefits of the
proposed ordinance arid suggested addind an exemption for E-bikes
under page.2-definitions. Also discussed with the Chief was language that
would match citations with New London under 10.10.040 and eliminated
the verbage “up to and paragraph 1”. Add “16 years of age and older’ and
‘added a $250 fine for the rider. Discussion ensued about the appeal
process. Attorney Avena suggested language for Chapter 10.09.
c. Review of assigned duties to the Director of Fire Services RTC
06/03/2024
Chairperson Condon gave a brief overview of the purpose of the review to
add a line to the document to vest the Director with all powers of a Fire
Chief per the Connecticut statutes. The committee had previously agreed
to bring this forward when other ordinances under review were ready for a
public hearing. Currently under review with Town Attorney Rob Avena.
No Action taken.
hol d b-

d. Survivors Benefits in the Line of Duty RTC 02/03/2025
Waiting for proposed ordinance language from Town Attorney Rob Avena
No Action taken.
MOTION by Greene, seconded by Mullen Kohl, to send the proposed
Open Burn Ordinance along with the ATV and Dirt Bike Ordinance with
the amended changes to a public hearing July 21, 2025 at 6:00 PM. (See
Attachment)
7.) Adjournment- Motion by Dembek, Second by Mullen Kohi, Vote unanimous.
Meeting adjourned at 7:05 pm
Respectfully Submitted
Timothy Condon
Chairperson