OLR Bill Analysis

sSB 186

AN ACT CONCERNING THE PENALTY FOR VIOLATION OF A MUNICIPAL ORDINANCE REGULATING THE OPERATION OR USE OF A DIRT BIKE OR ALL-TERRAIN VEHICLE AND ALL-TERRAIN VEHICLE POLICY AND PROCEDURES.

SUMMARY:

This bill subjects a first-time violator of a dirt bike or all-terrain vehicle (ATV) ordinance to a possible fine. It does so by allowing municipal officers or employees to issue citations without providing warning of a dirt bike or ATV violation. Currently, as required for other ordinances enforced by citations, a municipal officer or employee must issue a written warning providing notice of a violation before issuing a citation.

The bill also requires the Department of Energy and Environmental Protection (DEEP) to implement, by July 1, 2016, the ATV proposals provided in its November 2002 publication, “All-Terrain Vehicle Policy and Procedures.” The publication provides a procedure for DEEP to designate state land for ATV use. It allows ATV organizations to submit to DEEP proposals identifying land appropriate for such use. DEEP must review proposals and decide whether to approve of the use. An organization with an approved proposal must then enter into a concession agreement with DEEP for the land's development, operation, and maintenance.

EFFECTIVE DATE: October 1, 2015

BACKGROUND

Dirt Bike and ATV Ordinances

By law, municipalities may adopt ordinances on the operation and use of (1) dirt bikes on public property, including hours of use, and (2) ATVs, including hours and zones of use. An ordinance may set fines for violations up to:

1. $1,000 for the first violation,

2. $1,500 for the second violation, and

3. $2,000 for subsequent violations (CGS 14-390 and -390m).

Legislative History

The Senate referred the bill (File 485) to the Judiciary Committee, which reported a substitute adding the provision on DEEP's publication “All-Terrain Vehicle Policy and Procedures.”

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable

Yea

19

Nay

0

(03/20/2015)

Judiciary Committee

Joint Favorable Substitute

Yea

42

Nay

0

(04/20/2015)