Bill Text: CT SB00463 | 2016 | General Assembly | Introduced
Bill Title: An Act Concerning The Penalty For Violations Of A Municipal Ordinance Concerning The Operation Of A Dirt Bike, All-terrain Vehicle Or Mini-motorcycle.
Spectrum: Committee Bill
Status: (Passed) 2016-06-09 - Signed by the Governor [SB00463 Detail]
Download: Connecticut-2016-SB00463-Introduced.html
General Assembly |
Raised Bill No. 463 | ||
February Session, 2016 |
LCO No. 3297 | ||
*03297_______FIN* | |||
Referred to Committee on FINANCE, REVENUE AND BONDING |
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Introduced by: |
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(FIN) |
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AN ACT CONCERNING THE PENALTY FOR VIOLATIONS OF A MUNICIPAL ORDINANCE CONCERNING THE OPERATION OF A DIRT BIKE OR ALL-TERRAIN VEHICLE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 14-390m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any municipality that adopts an ordinance pursuant to section 7-148 to regulate the operation and use on public property, including hours of use, of dirt bikes or all-terrain vehicles may (1) prescribe a penalty for violation of such ordinance in an amount not to exceed one thousand dollars for a first violation, in an amount not to exceed one thousand five hundred dollars for a second violation and in an amount not to exceed two thousand dollars for a third or subsequent violation, and (2) provide for the seizure and forfeiture to the municipality of such dirt bike or all-terrain vehicle for a violation of such ordinance, provided three or more persons are simultaneously found in violation of such ordinance, and subject to any bona fide lien, lease or security interest in the dirt bike or all-terrain vehicle, including, but not limited to, a lien under section 14-66c. Any penalty imposed pursuant to this section shall not be waived, except as provided in subsection (c) of this section.
(b) No dirt bike or all-terrain vehicle shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such dirt bike or all-terrain vehicle was being used in violation of a municipal ordinance.
(c) Upon complaint alleging that any such dirt bike or all-terrain vehicle was being used in violation of any such ordinance, the court may order such dirt bike or all-terrain vehicle to be forfeited to the municipality and delivered to the chief elected official of the municipality to be sold or destroyed within his or her discretion. The proceeds of such sale shall be paid to the treasurer of the municipality, who shall deposit such proceeds into the general fund of such municipality. The person using or in charge of any dirt bike or all-terrain vehicle used in violation of any such provision may be considered the owner thereof for the purpose of any complaint brought to procure condemnation or forfeiture of any such dirt bike or all-terrain vehicle, when the owner is unknown to the informer or prosecuting officer. An appeal may be taken by any party aggrieved, from any judgment upon any such complaint, within fifteen days, to a return day of the superior court in the judicial district in which judgment was rendered, which shall be not less than twelve or more than thirty days after the service thereof, provided the party appealing shall give sufficient bond, with surety for costs, to the adverse party; and the appellate court may proceed in the disposition of such cause in the same manner as in any in rem proceeding. Any person prevailing on the complaint or on appeal shall not be required to pay the penalty set forth in subsection (a) of this section.
(d) For the purposes of this section, "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 section 14-1, and "all-terrain vehicle" has the same meaning as provided in section 14-379. "Dirt bike" does not include an all-terrain vehicle, as defined in section 14-379, or a motor-driven cycle, as defined in section 14-1.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
14-390m |
Statement of Purpose:
To prohibit the waiver of penalties for violations of municipal dirt bike or all-terrain vehicle ordinances and to require forfeiture and sale or destruction of dirt bikes or all-terrain vehicles used by persons found in violation of any such ordinance for a third or subsequent time.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]