Bill Text: CT SB00463 | 2016 | General Assembly | Comm Sub
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-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____SB00463FIN___040816____* |
AN ACT CONCERNING THE PENALTY FOR VIOLATIONS OF A MUNICIPAL ORDINANCE CONCERNING THE OPERATION OF A DIRT BIKE, ALL-TERRAIN VEHICLE OR MINI-MOTORCYCLE.
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 Section 14-390 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any municipality may, by ordinance, regulate the operation and use, including hours and zones of use, of snowmobiles and all-terrain vehicles in a manner not inconsistent with the provisions of sections 14-379 to 14-390, inclusive, or any regulations adopted pursuant thereto, and 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 all-terrain vehicle for a violation of such ordinance if the population of such municipality is thirty thousand or more, subject to any bona fide lien, lease or security interest in the all-terrain vehicle, including, but not limited to, a lien under section 14-66c.
(b) No 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 all-terrain vehicle was being used in violation of a municipal ordinance adopted pursuant to this section.
(c) Any person whose all-terrain vehicle is seized and forfeited pursuant to subsection (a) of this section may appeal therefrom to the superior court for the judicial district in which such seizure occurred, provided such appeal shall be filed not later than thirty days after the date on which such seizure and forfeiture occurred. The person using or in charge of any all-terrain vehicle used in violation of any such provision may be considered the owner thereof for the purpose of any appeal brought pursuant to this subsection, except as provided in subsection (b) of this section. If the court finds a violation of an ordinance adopted pursuant to this section, the court shall order that the all-terrain vehicle used in violation of such ordinance be forfeited to the municipality and delivered to the chief elected official of the municipality to be destroyed, except that if any such all-terrain vehicle is subject to a bona fide lien, lease or security interest, including, but not limited to, a lien under section 14-66c, such property shall not be ordered destroyed in violation of the rights of the holder of such lien, lease or security interest. If the court finds no violation of such ordinance occurred, such person shall not be required to pay the penalty set forth in subsection (a) of this section and shall be permitted to reclaim the all-terrain vehicle seized and forfeited pursuant to subsection (a) of this section.
(d) Any municipality that seizes an all-terrain vehicle pursuant to an ordinance adopted pursuant to this section shall destroy such all-terrain vehicle after the expiration of the appeal or appeal period under subsection (c) of this section except if (1) such all-terrain vehicle may be reclaimed pursuant to subsection (c) of this section, or (2) if any such all-terrain vehicle is subject to a bona fide lien, lease or security interest, including, but not limited to, a lien under section 14-66c, such property shall not be so destroyed in violation of the rights of the holder of such lien, lease or security interest.
Sec. 2. 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, as amended by this act, to regulate the operation and use on public property, including hours of use, of dirt bikes or mini-motorcycles 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 mini-motorcycle for a violation of such ordinance if the population of such municipality is thirty thousand or more, subject to any bona fide lien, lease or security interest in the dirt bike or mini-motorcycle, including, but not limited to, a lien under section 14-66c.
(b) No dirt bike or mini-motorcycle 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 mini-motorcycle was being used in violation of a municipal ordinance adopted pursuant to section 7-148, as amended by this act.
(c) Any person whose dirt bike or mini-motorcycle is seized and forfeited pursuant to subsection (a) of this section may appeal therefrom to the superior court for the judicial district in which such seizure occurred, provided such appeal shall be filed not later than thirty days after the date on which such seizure and forfeiture occurred. The person using or in charge of any dirt bike or mini-motorcycle used in violation of any such provision may be considered the owner thereof for the purpose of any appeal brought pursuant to this subsection, except as provided in subsection (b) of this section. If the court finds a violation of an ordinance adopted pursuant to section 7-148, the court shall order that the dirt bike or mini-motorcycle used in violation of such ordinance be forfeited to the municipality and delivered to the chief elected official of the municipality to be destroyed upon a finding of a violation of an ordinance adopted pursuant to section 7-148, as amended by this act, except that if any such dirt bike or mini-motorcycle is subject to a bona fide lien, lease or security interest, including, but not limited to, a lien under section 14-66c, such property shall not be ordered destroyed in violation of the rights of the holder of such lien, lease or security interest. If the court finds no violation of such ordinance occurred, such person shall not be required to pay the penalty set forth in subsection (a) of this section and shall be permitted to reclaim the dirt bike or mini-motorcycle seized and forfeited pursuant to subsection (a) of this section.
(d) Any municipality that seizes a dirt bike or mini-motorcycle pursuant to an ordinance adopted pursuant to section 7-148, as amended by this act, shall destroy such dirt bike or mini-motorcycle after the expiration of the appeal or appeal period under subsection (c) of this section except if (1) such dirt bike or mini-motorcycle may be reclaimed pursuant to subsection (c) of this section, or (2) if any such dirt bike or mini-motorcycle is subject to a bona fide lien, lease or security interest, including, but not limited to, a lien under section 14-66c, such property shall not be so destroyed in violation of the rights of the holder of such lien, lease or security interest.
(e) For the purposes of this section, (1) "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. "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, and (2) "mini-motorcycle" has the same meaning as provided in section 14-289j.
Sec. 3. Subdivision (10) of subsection (c) of section 7-148 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(10) (A) Make all lawful regulations and ordinances in furtherance of any general powers as enumerated in this section, and prescribe penalties for the violation of the same not to exceed two hundred fifty dollars, unless otherwise specifically provided by the general statutes. Such regulations and ordinances may be enforced by citations issued by designated municipal officers or employees, provided the regulations and ordinances have been designated specifically by the municipality for enforcement by citation in the same manner in which they were adopted and the designated municipal officers or employees issue a written warning providing notice of the specific violation before issuing the citation, except that no such written warning shall be required for violations of a municipal ordinance regulating the operation or use of a dirt bike, [or] all-terrain vehicle or mini-motorcycle;
(B) Adopt a code of ethical conduct;
(C) Establish and maintain free legal aid bureaus;
(D) Perform data processing and related administrative computer services for a fee for another municipality;
(E) Adopt the model ordinance concerning a municipal freedom of information advisory board created under subsection (f) of section 1-205 and establish a municipal freedom of information advisory board as provided by said ordinance and said section;
(F) Protect the historic or architectural character of properties or districts that are listed on, or under consideration for listing on, the National Register of Historic Places, 16a USC 470, or the state register of historic places, as defined in section 10-410.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
14-390 |
Sec. 2 |
October 1, 2016 |
14-390m |
Sec. 3 |
October 1, 2016 |
7-148(c)(10) |
Statement of Legislative Commissioners:
In Section 1, the references to "section 7-148" were replaced with "this section" for accuracy, in Sections 1(a), 1(c), (2)(a), 2(c), 2(d) and 2(e), the provisions were reorganized for clarity, in Sections 1(c) and 2(c) "and forfeiture" was added after "date on which such seizure" for accuracy.
FIN |
Joint Favorable Subst. |