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OLR Bill Analysis
HB 5726
AN ACT CONCERNING THE SEIZURE OF ALL -TERRAIN
VEHICLES.
SUMMARY
This bill allows all municipalities that regulate all-terrain vehicle
(ATV) use by ordinance, rather than just municipalities with
populations of 20,000 or more that do so, to provide for their seizure
and forfeiture by ordinance as well (see BACKGROUND). Under
existing law, unchanged by the bill, only municipalities that meet this
population threshold may provide for the seizure and forfeiture of dirt
bikes and mini motorcycles (CGS § 14-390m).
By law, if a municipality confiscates an ATV used in violation of an
ordinance, it must sell it at a municipally conducted public
auction. The sale proceeds must be paid to the municipal treasurer for
deposit into the municipality's general fund.
Existing law’s forfeiture provisions are subject to any bona fide lien,
lease, or security interest (including a lien for towing and storing a
vehicle). The law protects an owner or lienholder's interest when
forfeiture is due to someone else's act or omission if the owner or
lienholder did not know, and could not have reasonably known, that
the ATV was used or was intended to be used in violation of a
municipal ordinance.
EFFECTIVE DATE: October 1, 2021
BACKGROUND
Regulating Dirt Bikes, Mini Motorcycles, ATVs, and Snowmobiles
by Ordinance
By law, municipalities may adopt ordinances on the operation and
use of (1) dirt bikes and mini motorcycles on public property,
including hours of use, and (2) ATVs and snowmobiles, including 2021HB-05726-R000411-BA.DOCX
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hours and zones of use. An ordinance may set fines of up to:
1. $1,000 for a first violation,
2. $1,500 for a second violation, and
3. $2,000 for subsequent violations (CGS §§ 14-390 & -390m).
COMMITTEE ACTION
Transportation Committee
Joint Favorable
Yea 35 Nay 0 (03/24/2021)