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Thread: Ct aims to seize, destroy bikes

  1. #1
    CTHS Supportor Horizontal Hunter's Avatar
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    Ct aims to seize, destroy bikes

    APRIL 8, 2016 BY ADMIN LEAVE A COMMENT
    HARTFORD – A bill in the Connecticut General Assembly aimed at curtailing raucous riders who illegally operate motorcycles and ATVs on city streets would, if passed and signed by the governor, allow municipalities to fine riders. It would also empower cities to confiscate and either sell or destroy the dirt bikes and quads.
    The bill sets penalties for municipalities of more than 30,000 residents that have ordinances concerning the operation of dirt bikes, ATVs and mini-motorcycles. A total of 31 cities in Connecticut have a population of more than 30,000; the five largest being Bridgeport, New Haven, Hartford, Stamford and Waterbury.
    Senate Bill No. 463 proposes fines of not more than $1,000 for the first violation, not more than $1,500 fine for the second violation and not more than $2,000 fine for the third violation.
    It also proposes “the seizure and forfeiture” to the municipality of such dirt bike or all-terrain vehicle for a violation of such an ordinance and would allow for dirt bikes and ATVs owned by violators to “be forfeited to the municipality … to be sold or destroyed.” This would occur following an appeals process. Proceeds from any sales would go to the town or city and deposited in the general fund.
    Opposing the bill is the New England Trail Riders Association. “I’m not at all happy. These penalties are so onerous,” said Jim Sherman, who is legislative officer for NETRA. “The 30,000 population – that’s the only good thing about the bill. I would still argue that the penalties are onerous.”
    On its website, NETRA says, “This is the bill that proposes to confiscate OHVs that are ridden on city streets but they have to know that this bill is damaging to even legal OHV use. The money they spend enforcing this proposed law is better used in creating a legal places to recreate. The bill is poorly written and it creates an open door for even more damaging bills that will affect everyone.”
    NETRA is urging its members to write complaint letters to their state legislators.
    Introduced and referred to the Committee on Finance, Revenue and Bonding last month, a revised version of the bill was filed today with the Legislative Commissioners’ Office. Listed as the co-sponsor of the bill is Sen. Toni Boucher, a Republican representing the 26th District, which includes Bethel, New Canaan, Redding, Ridgefield, Weston, Westport and Wilton.
    Earlier this week, the NYPD announced plans to publicly crush more than 300 bikes that have been seized so far this year from illegal operators in New York City.
    Here’s a link to the bill as it was original proposed. Here’s a link to the revised bill and here’s what it says:
    February Session, 2016

    Proposed Substitute Bill No. 463
    LCO No. 3761


    AN ACT CONCERNING THE PENALTY FOR VIOLATIONS OF A MUNICIPAL ORDINANCE CONCERNING THE OPERATION OF A DIRT BIKE, ALL-TERRAIN VEHICLE OR MINI-MOTORCYCLES.
    Be it enacted by the Senate and House of Representatives in General Assembly convened:

    1. 1 Section 1. Section 14-390 of the general statutes is repealed and the
    2. 2 following is substituted in lieu thereof (Effective October 1, 2016):
    3. 3 (a) Any municipality may, by ordinance, regulate the operation and
    4. 4 use, including hours and zones of use, of snowmobiles and all-terrain
    5. 5 vehicles in a manner not inconsistent with the provisions of sections
    6. 6 14-379 to 14-390, inclusive, or any regulations adopted pursuant
    7. 7 thereto, and may (1) prescribe a penalty for violation of such ordinance
    8. 8 in an amount not to exceed one thousand dollars for a first violation, in
    9. 9 an amount not to exceed one thousand five hundred dollars for a
    10. 10 second violation and in an amount not to exceed two thousand dollars
    11. 11 for a third or subsequent violation, and (2) if the population of such
    12. 12 municipality is thirty thousand persons or more, provide for the
    13. 13 seizure and forfeiture to the municipality of such all-terrain vehicle for
    14. 14 a violation of such ordinance and subject to any bona fide lien, lease or
    15. 15 security interest in the all-terrain vehicle, including, but not limited to,
    16. 16 a lien under section 14-66c.
    17. 17 (b) No all-terrain vehicle shall be forfeited under this section to the



    LCO No. 3761 1 of 5



    Proposed Substitute Bill No. 463

    1. 18 extent of the interest of an owner or lienholder by reason of any act or
    2. 19 omission committed by another person if such owner or lienholder did
    3. 20 not know and could not have reasonably known that such all-terrain
    4. 21 vehicle was being used in violation of a municipal ordinance adopted
    5. 22 pursuant to section 7-148, as amended by this act.
    6. 23 (c) Any person whose all-terrain vehicle is seized and forfeited
    7. 24 pursuant to subsection (a) of this section may appeal therefrom to the
    8. 25 superior court for the judicial district in which such seizure occurred,
    9. 26 provided such appeal shall be filed not later than thirty days after the
    10. 27 date on which such seizure occurred. The court shall order such all-
    11. 28 terrain vehicle to be forfeited to the municipality and delivered to the
    12. 29 chief elected official of the municipality to be destroyed upon a finding
    13. 30 of a violation of an ordinance adopted pursuant to section 7-148, as
    14. 31 amended by this act, except that if any such all-terrain vehicle is
    15. 32 subject to a bona fide lien, lease or security interest, including, but not
    16. 33 limited to, a lien under section 14-66c, such property shall not be
    17. 34 ordered destroyed in violation of the rights of the holder of such lien,
    18. 35 lease or security interest. The person using or in charge of any all-
    19. 36 terrain vehicle used in violation of any such provision may be
    20. 37 considered the owner thereof for the purpose of any appeal brought
    21. 38 pursuant to this subsection, except as provided in subsection (b) of this
    22. 39 section. Any person prevailing on appeal shall not be required to pay
    23. 40 the penalty set forth in subsection (a) of this section and shall be
    24. 41 permitted to reclaim the all-terrain vehicle seized and forfeited
    25. 42 pursuant to subsection (a) of this section.
    26. 43 (d) Any municipality that seizes an all-terrain vehicle pursuant to an
    27. 44 ordinance adopted pursuant to section 7-148, as amended by this act,
    28. 45 shall destroy such all-terrain vehicle after the expiration of the appeal
    29. 46 or appeal period under subsection (c) of this section except if (1) such
    30. 47 all-terrain vehicle may be reclaimed pursuant to subsection (c) of this
    31. 48 section, or (2) if any such all-terrain vehicle is subject to a bona fide
    32. 49 lien, lease or security interest, including, but not limited to, a lien
    33. 50 under section 14-66c, such property shall not be so destroyed in
    34. 51 violation of the rights of the holder of such lien, lease or security



    LCO No. 3761 2 of 5



    Proposed Substitute Bill No. 463

    1. 52 interest.
    2. 53 Sec. 2. Section 14-390m of the general statutes is repealed and the
    3. 54 following is substituted in lieu thereof (Effective October 1, 2016):
    4. 55 (a) Any municipality that adopts an ordinance pursuant to section
    5. 56 7-148, as amended by this act, to regulate the operation and use on
    6. 57 public property, including hours of use, of dirt bikes or mini-
    7. 58 motorcycles may (1) prescribe a penalty for violation of such ordinance
    8. 59 in an amount not to exceed one thousand dollars for a first violation, in
    9. 60 an amount not to exceed one thousand five hundred dollars for a
    10. 61 second violation and in an amount not to exceed two thousand dollars
    11. 62 for a third or subsequent violation, and (2) if the population of such
    12. 63 municipality is thirty thousand persons or more, provide for the
    13. 64 seizure and forfeiture to the municipality of such dirt bike or mini-
    14. 65 motorcycle for a violation of such ordinance and subject to any bona
    15. 66 fide lien, lease or security interest in the dirt bike or mini-motorcycle,
    16. 67 including, but not limited to, a lien under section 14-66c.
    17. 68 (b) No dirt bike or mini-motorcycle shall be forfeited under this
    18. 69 section to the extent of the interest of an owner or lienholder by reason
    19. 70 of any act or omission committed by another person if such owner or
    20. 71 lienholder did not know and could not have reasonably known that
    21. 72 such dirt bike or mini-motorcycle was being used in violation of a
    22. 73 municipal ordinance adopted pursuant to section 7-148, as amended
    23. 74 by this act.
    24. 75 (c) Any person whose dirt bike or mini-motorcycle is seized and
    25. 76 forfeited pursuant to subsection (a) of this section may appeal
    26. 77 therefrom to the superior court for the judicial district in which such
    27. 78 seizure occurred, provided such appeal shall be filed not later than
    28. 79 thirty days after the date on which such seizure occurred. The court
    29. 80 shall order such dirt bike or mini-motorcycle to be forfeited to the
    30. 81 municipality and delivered to the chief elected official of the
    31. 82 municipality to be destroyed upon a finding of a violation of an
    32. 83 ordinance adopted pursuant to section 7-148, as amended by this act,
    33. 84 except that if any such dirt bike or mini-motorcycle is subject to a bona



    LCO No. 3761 3 of 5



    Proposed Substitute Bill No. 463

    1. 85 fide lien, lease or security interest, including, but not limited to, a lien
    2. 86 under section 14-66c, such property shall not be ordered destroyed in
    3. 87 violation of the rights of the holder of such lien, lease or security
    4. 88 interest. The person using or in charge of any dirt bike or mini-
    5. 89 motorcycle used in violation of any such provision may be considered
    6. 90 the owner thereof for the purpose of any appeal brought pursuant to
    7. 91 this subsection, except as provided in subsection (b) of this section.
    8. 92 Any person prevailing on appeal shall not be required to pay the
    9. 93 penalty set forth in subsection (a) of this section and shall be permitted
    10. 94 to reclaim the dirt bike or mini-motorcycle seized and forfeited
    11. 95 pursuant to subsection (a) of this section.
    12. 96 (d) Any municipality that seizes a dirt bike or mini-motorcycle
    13. 97 pursuant to an ordinance adopted pursuant to section 7-148, as
    14. 98 amended by this act, shall destroy such dirt bike or mini-motorcycle
    15. 99 after the expiration of the appeal or appeal period under subsection (c)
    16. 100 of this section except if (1) such dirt bike or mini-motorcycle may be
    17. 101 reclaimed pursuant to subsection (c) of this section, or (2) if any such
    18. 102 dirt bike or mini-motorcycle is subject to a bona fide lien, lease or
    19. 103 security interest, including, but not limited to, a lien under section 14-
    20. 104 66c, such property shall not be so destroyed in violation of the rights of
    21. 105 the holder of such lien, lease or security interest.
    22. 106 (e) For the purposes of this section, “dirt bike” means a two-wheeled
    23. 107 motorized recreational vehicle designed to travel over unimproved
    24. 108 terrain and not designed for travel on a highway, as defined in section
    25. 109 14-1 and “mini-motorcycle” has the same meaning as provided in
    26. 110 section 14-289j. “Dirt bike” does not include an all-terrain vehicle, as
    27. 111 defined in section 14-379, or a motor-driven cycle, as defined in section
    28. 112 14-1.
    29. 113 Sec. 3. Subdivision (10) of subsection (c) of section 7-148 of the 2016
    30. 114 supplement to the general statutes is repealed and the following is
    31. 115 substituted in lieu thereof (Effective October 1, 2016):
    32. 116 (10) (A) Make all lawful regulations and ordinances in furtherance
    33. 117 of any general powers as enumerated in this section, and prescribe



    LCO No. 3761 4 of 5



    Proposed Substitute Bill No. 463

    1. 118 penalties for the violation of the same not to exceed two hundred fifty
    2. 119 dollars, unless otherwise specifically provided by the general statutes.
    3. 120 Such regulations and ordinances may be enforced by citations issued
    4. 121 by designated municipal officers or employees, provided the
    5. 122 regulations and ordinances have been designated specifically by the
    6. 123 municipality for enforcement by citation in the same manner in which
    7. 124 they were adopted and the designated municipal officers or employees
    8. 125 issue a written warning providing notice of the specific violation
    9. 126 before issuing the citation, except that no such written warning shall
    10. 127 be required for violations of a municipal ordinance regulating the
    11. 128 operation or use of a dirt bike, [or] all-terrain vehicle or mini-
    12. 129 motorcycle;
    13. 130 (B) Adopt a code of ethical conduct;
    14. 131 (C) Establish and maintain free legal aid bureaus;
    15. 132 (D) Perform data processing and related administrative computer
    16. 133 services for a fee for another municipality;
    17. 134 (E) Adopt the model ordinance concerning a municipal freedom of
    18. 135 information advisory board created under subsection (f) of section 1-
    19. 136 205 and establish a municipal freedom of information advisory board
    20. 137 as provided by said ordinance and said section;
    21. 138 (F) Protect the historic or architectural character of properties or
    22. 139 districts that are listed on, or under consideration for listing on, the
    23. 140 National Register of Historic Places, 16a USC 470, or the state register
    24. 141 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)

    LCO No. 3761 5 of 5



    -Bud Wilkinson



    http://www.ride-ct.com/?p=16873

    Vegetarian: vejiˈte(ə)rēən/noun: old Indian word for lousy hunter.
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  2. #2
    14 pointer Du Ct's Avatar
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    Time to go ride waterbury streets.....braaaaaaap
    "When it comes your time to die, sing your death song and die like a hero going home." Tecumseh

  3. #3
    I'd be surprised if this wasn't proposed in direct response to the pack of teenagers riding around and terrorizing new haven every summer. For the last few years there's been a crew of 10-15 kids on dirt bikes and quads that ignore traffic, which direction the street goes, and other bikers/pedestrians as they rip it up all over new haven doing wheelies and crap. They've caused a bunch of accidents as people try to avoid hitting the dumb bastards. A cop friend said they were told not to chase them hc if one of the kids got hurt it'd be a mess for the PD so they're just left free to act like asshats.

  4. #4
    8 Point Mountain man's Avatar
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    Riding quads and dirtbikes on streets and basically anywhere except private land is already illegal. Leave it up to the CT government to just slap more laws on top of laws hoping to somehow change things. These kids get away with it because the cops cant catch them 90% of the time.

  5. #5
    12 Point AGust82's Avatar
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    Too bad they can't blast these sh!tbirds with beanbags or something. It wont be long before they get bored of messing up traffic and move on to real crime. If you know the cops won't chase why not ramp up up robbery and assault?

  6. #6
    Spike strips lol. I witness this every summer they ride in large packs sometimes 20-30 at least, wheelieing down the streets for miles. I have not ever seen a crash or a close call those people are lucky with all the dangerous stuff they do they don't get hurt more often. I tell everyone that doesn't have a place to ride, Hartford is one of the best spots lol. The police literally watch and do nothing at all. This is shultas PLC. In Hartford it is a one way going the way I'm facing.

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    Last edited by pdumont01; 08-14-2016 at 11:30 AM.

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