Connecticut 2020 Regular Session

Connecticut Senate Bill SB00445 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 2731 1 of 5
4	4
5	5	General Assembly Raised Bill No. 445
6	6	February Session, 2020
7	7	LCO No. 2731
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9	9
10	10	Referred to Committee on JUDICIARY
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12	12
13	13	Introduced by:
14	14	(JUD)
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19	19	AN ACT INCREASING PENALTIES FOR OFFENSES ARISING FROM
20	20	MISUSE OF SNOWMOBILE S AND ALL-TERRAIN VEHICLES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 14-386 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2020): 2
26	26	(a) Any law enforcement officer of the Department of Energy and 3
27	27	Environmental Protection, motor vehicle inspector, state police officer, 4
28	28	uniformed municipal police officer, constable, state park policeman, 5
29	29	state forest policeman or forest ranger may enforce the provisions of 6
30	30	sections 14-379 to 14-390, inclusive, as amended by this act. 7
31	31	(b) No person operating a snowmobile or all-terrain vehicle shall 8
32	32	refuse to stop his or her snowmobile or all-terrain vehicle after being 9
33	33	requested or signaled to do so by an authorized law enforcement officer, 10
34	34	or the owner or the agent of the owner of the property upon which such 11
35	35	snowmobile or all-terrain vehicle is being operated. Any person 12
36	36	operating a snowmobile or all-terrain vehicle who refuses to stop his or 13
37	37	her snowmobile or all-terrain vehicle upon such request or such signal 14
38	38	by an authorized law enforcement officer shall have committed [an 15 Raised Bill No. 445
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41	41
42	42	LCO No. 2731 2 of 5
43	43
44	44	infraction] a class A misdemeanor, except that, if such violation causes 16
45	45	the death or serious physical injury of another person, such person shall 17
46	46	be guilty of a class D felony. 18
47	47	Sec. 2. Section 14-386a of the general statutes is repealed and the 19
48	48	following is substituted in lieu thereof (Effective October 1, 2020): 20
49	49	(a) No person shall operate a snowmobile or all-terrain vehicle in the 21
50	50	following manner: (1) At an unreasonable or imprudent rate of speed 22
51	51	for existing conditions; (2) in a negligent manner so as to endanger any 23
52	52	person or property; or (3) while under the influence of intoxicating 24
53	53	liquor or any drug, or both, as provided in subsection (a) of section 14-25
54	54	227a. 26
55	55	(b) Any person who violates the provisions of subdivision (1) or (2) 27
56	56	of subsection (a) of this section, or any regulation relating [thereto] to 28
57	57	said subdivisions, shall be fined not more than [two hundred fifty] one 29
58	58	thousand dollars for [each] the first offense, not more than two thousand 30
59	59	five hundred dollars for the second offense and not more than three 31
60	60	thousand five hundred dollars for a third or subsequent offense. Any 32
61	61	person who violates the provisions of subdivision (3) of this section shall 33
62	62	be subject to the penalties set forth in section 14-227a. In addition 34
63	63	[thereto] to such penalties, the operator or owner, or both, of a 35
64	64	snowmobile or all-terrain vehicle, shall be responsible and held 36
65	65	accountable to the owner of any land where trees, shrubs, crops, fences 37
66	66	or other property have been damaged as a result of travel of such 38
67	67	snowmobiles or all-terrain vehicles over such land, or where 39
68	68	consequential damage has resulted from such travel. Proof of the 40
69	69	registration number of the snowmobile or all-terrain vehicle shall be 41
70	70	prima facie evidence in any prosecution or action for damages that the 42
71	71	owner was the operator. 43
72	72	Sec. 3. Section 14-387 of the general statutes is repealed and the 44
73	73	following is substituted in lieu thereof (Effective October 1, 2020): 45
74	74	No person shall operate a snowmobile or all-terrain vehicle in the 46
75	75	following manner: (1) On any public highway, except such snowmobile 47 Raised Bill No. 445
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79	79	LCO No. 2731 3 of 5
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81	81	or all-terrain vehicle, if operated by a licensed motor vehicle operator, 48
82	82	may cross a public highway if the crossing is made at an angle of 49
83	83	approximately ninety degrees to the direction of the highway and at a 50
84	84	location where no obstruction prevents a quick and safe crossing, the 51
85	85	snowmobile or all-terrain vehicle is completely stopped before entering 52
86	86	the traveled portion of the highway and the driver yields the right-of-53
87	87	way to motor vehicles using the highway, provided nothing in this 54
88	88	subsection shall be construed to permit the operation of a snowmobile 55
89	89	or all-terrain vehicle on a limited access highway, as defined in 56
90	90	subsection (a) of section 13a-1; (2) in such a manner that the exhaust of 57
91	91	the snowmobile or all-terrain vehicle makes an excessive or unusual 58
92	92	noise; (3) without a functioning muffler, subject to the provisions of 59
93	93	section 14-80, properly operating brakes, sufficient and adequate front 60
94	94	and rear lighting and reflecting devices, except an all-terrain vehicle 61
95	95	with an engine size of ninety cubic centimeters or less shall not be 62
96	96	required to be equipped with front and rear lighting and shall not be 63
97	97	operated after dark; (4) in any manner which would cause harassment 64
98	98	of any game or domestic animal; (5) on any land without the written 65
99	99	permission of the owner, or the agent of the owner, or in the case of 66
100	100	state-owned land, without the written permission of the state agency or 67
101	101	institution under whose control such land is, or in the case of land under 68
102	102	the jurisdiction of a local municipality without the written permission 69
103	103	of such municipality, which written permission shall be carried on the 70
104	104	person operating the all-terrain vehicle while on such land; and (6) on 71
105	105	any railroad right-of-way. Nothing in sections 14-379 to 14-390, 72
106	106	inclusive, as amended by this act, shall preclude the operation of a 73
107	107	snowmobile or all-terrain vehicle (A) on the frozen surface of any public 74
108	108	body of water, provided any municipality may by ordinance regulate 75
109	109	the hours of operation of snowmobiles and all-terrain vehicles on public 76
110	110	waters within such municipality and provided the operation of a 77
111	111	snowmobile or all-terrain vehicle shall be subject to the provisions of 78
112	112	section 25-43c; or (B) on any abandoned or disused railroad right-of-way 79
113	113	or in any place or upon any land specifically designated for the 80
114	114	operation of snowmobiles and all-terrain vehicles by statute, regulation 81
115	115	or local ordinance. Any person who violates any provision of this 82 Raised Bill No. 445
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118	118
119	119	LCO No. 2731 4 of 5
120	120
121	121	section shall have committed a [separate infraction for each such 83
122	122	violation] class D misdemeanor for a first offense and a class C 84
123	123	misdemeanor for a second or subsequent offense. For a second or 85
124	124	subsequent offense, if such person has a motor vehicle operator's license 86
125	125	or nonresident operating privilege, such license or privilege shall be 87
126	126	suspended for thirty days. 88
127	127	Sec. 4. Section 14-388 of the general statutes is repealed and the 89
128	128	following is substituted in lieu thereof (Effective October 1, 2020): 90
129	129	Except as otherwise provided, any person who violates any of 91
130	130	sections 14-379 to 14-390, inclusive, as amended by this act, or any 92
131	131	regulation relating [thereto] to said sections shall have committed [an 93
132	132	infraction for each such offense] a class D misdemeanor for a first 94
133	133	offense and a class C misdemeanor for a second or subsequent 95
134	134	commission of any such same offense. For any second or subsequent 96
135	135	commission of any same such offense, if such person has a motor vehicle 97
136	136	operator's license or nonresident operating privilege, such license or 98
137	137	privilege shall be suspended for thirty days. In addition [thereto] to such 99
138	138	penalties, the operator or owner, or both, of a snowmobile or all-terrain 100
139	139	vehicle, shall be [responsible and held accountable] liable for treble 101
140	140	damages to the owner of any land where trees, shrubs, crops, fences or 102
141	141	other property have been damaged as a result of travel of such 103
142	142	snowmobiles or all-terrain vehicles over such land, or where 104
143	143	consequential damage has resulted from such travel. Proof of the 105
144	144	registration number of the snowmobile or all-terrain vehicle shall be 106
145	145	prima facie evidence in any prosecution or action for damages that the 107
146	146	owner was the operator. 108
147	147	Sec. 5. Subsection (a) of section 14-390 of the general statutes is 109
148	148	repealed and the following is substituted in lieu thereof (Effective October 110
149	149	1, 2020): 111
150	150	(a) Any municipality may, by ordinance, regulate the operation and 112
151	151	use, including hours and zones of use, of snowmobiles and all-terrain 113
152	152	vehicles in a manner not inconsistent with the provisions of this section 114 Raised Bill No. 445
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154	154
155	155
156	156	LCO No. 2731 5 of 5
157	157
158	158	and sections 14-379 to 14-389, inclusive, or any regulations adopted 115
159	159	pursuant thereto, and may prescribe a penalty for violation of such 116
160	160	ordinance (1) in an amount not to exceed one thousand dollars for a first 117
161	161	violation, in an amount not to exceed [one] two thousand five hundred 118
162	162	dollars for a second violation and in an amount not to exceed [two] three 119
163	163	thousand five hundred dollars for a third or subsequent violation, and 120
164	164	(2) in the case of a municipality with a population of twenty thousand 121
165	165	or more, to provide for the seizure and forfeiture to the municipality of 122
166	166	such all-terrain vehicle for a violation of such ordinance, subject to any 123
167	167	bona fide lien, lease or security interest in the all-terrain vehicle, 124
168	168	including, but not limited to, a lien under section 14-66c. 125
169	169	This act shall take effect as follows and shall amend the following
170	170	sections:
171	171
172	172	Section 1 October 1, 2020 14-386
173	173	Sec. 2 October 1, 2020 14-386a
174	174	Sec. 3 October 1, 2020 14-387
175	175	Sec. 4 October 1, 2020 14-388
176	176	Sec. 5 October 1, 2020 14-390(a)
177	177
178	178	Statement of Purpose:
179	179	To change the penalties and liabilities for violations of title 14 of the
180	180	general statutes concerning misuse of snowmobiles and all-terrain
181	181	vehicles.
182	182	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
183	183	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
184	184	underlined.]
185	185