Pocket Bikes and Motorized Scooters

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LEGAL NOTICE

TOWN OF CROMWELL

Please take notice that the Board of Selectmen of the Town of Cromwell on

December 8, 2004 passed the following ordinance amending the Code of the Town of Cromwell.

ORDINANCE REGARDING PROHIBITING THE USE OF "POCKET BIKES" AND MOTORIZED SCOOTERS ON PUBLIC STREET RIGHTS OF WAY

WHEREAS the sale of miniature motorcycles and motorized scooters has increased dramatically in recent months; and

WHEREAS miniature motorcycles, also known as "pocket bikes," are traditionally designed for use on closed courses and come in many styles and have a variety of load capacities, speed ratings and other operational characteristics; and

WHEREAS current state laws defining the various classifications of motor vehicles which may legally use public highways utilize many of these same operational characteristics so that different models of pocket bikes may fall into different classifications;

WHEREAS pocket bikes do not meet many of the prerequisite safety standards and other requirements established under state law for registration as motor vehicles used on public highways; and

WHEREAS the use of pocket bikes and motorized scooters on public highways is unsafe and unwise because their size makes it difficult for other drivers to see them; and

WHEREAS the proliferation of pocket bikes and motorized scooters has exposed apparent gaps in the statutes of the State of Connecticut regarding the types of vehicles, which may legally use public roadways.

NOW THEREFORE BE IT ORDAINED that Chapter 221 of the Code of the Town of Cromwell is hereby amended by the addition of the following Sections:

§ 221-8. Vehicles Prohibited from Public Streets. Definitions and Interpretation

All terms used in this Article shall be interpreted in accord with the definitions thereof set forth in Title 14 of the Connecticut General Statutes as that title may be amended or recodified from time to time except that the following defined terms shall have the meaning indicated herein:

Motorized Scooter – A wheeled device other than a motor vehicle consisting of a platform of metal, wood, plastic or any other material designed for recreational purposes to carry its user in an erect position and which is propelled by the use of a small motor. The term "Motorized Scooter" shall not be construed to include either: (a) a wheelchair or any similar device used to provide transportation for any disabled person; or (b) a "Segway" or any similar device used to provide transportation for any person who possesses a valid motor vehicle operator’s license.

Pocket Motorcycle – A two-wheeled vehicle other than a motor vehicle, bicycle with helper motor or

a motorized scooter and which is propelled by an internal combustion engine, electric motor or other mechanical means; is capable of carrying a rider and/or passenger at a speed in excess of five (5) miles per hour; and is designed to replicate the general appearance of a motorcycle, regardless of the scale of the replication.

§221-9. Vehicles Prohibited from Public Streets. Use of Public Streets Prohibited

  1. A. No person may operate any motorized scooter or pocket motorcycle on any public street or sidewalk.
  2. B. No person may ride as a passenger in or upon a motorized scooter or pocket motorcycle on any public street or sidewalk.
  3. C. Any person who violates any provision of this section, shall receive a citation and be fined ninety dollars. In addition to the issuance of a citation, any policy officer who observes a violation of this section may take the pocket motorcycle or motorized scooter in question into the custody of the Cromwell Police Department or have it towed to a storage facility at the owner’s expense, to be held until such time as adequate arrangements are made by a responsible adult for it to be transported to an appropriate location. If no such arrangements are made within seventy-two (72) hours, said pocket motorcycle or motorized scooter shall be deemed to be abandoned.