§ 100.99  PENALTY.
   (A)   Any person who operates a motorized recreational vehicle in violation of § 100.02(A) of this chapter, or is the owner of a motorized recreational vehicle who knowingly permits its operation in violation of § 100.02(A) of this chapter, may be fined a sum not to exceed $1,000, but not less than $500 for a first offense, may be fined a sum not to exceed $1,500, but not less than $1,000 for a second offense, or may be fined a sum not to exceed $2,000, but not less than $1,000 for any third or subsequent offense.
   (B)   Any person who rides as a passenger on a motorized recreational vehicle in violation of § 100.02(B) of this chapter, or is the owner of a motorized recreational vehicle who knowingly permits a passenger to ride on his/her recreational motor vehicle in violation of § 100.02(B) of this chapter , may be fined a sum not to exceed $1,000, but not less than $500 for a first offense, may be fined a sum not to exceed $1,500, but not less than $1,000 for a second offense, or may be fined a sum not to exceed $2,000, but not less than$1,000 for any third or subsequent offense.
   (C)   Any person who operates a motorized recreational vehicle in violation of § 100.02(C) of this chapter, rides as a passenger on a recreational motor vehicle in violation of § 100.02(C) of this chapter, or is the owner of a motorized recreational vehicle who knowingly permits its operation in violation of § 100.02(C) of this chapter may be fined a sum not to exceed $1,000, but not less than $500 for a first offense, may be fined a sum not to exceed $1,500, but not less than $1,000 for a second offense, or may be fined a sum not to exceed $2,000, but not less than $1,000 for any third or subsequent offense.
   (D)   Any person who operates a motorized recreational vehicle in violation of § 100.02(D) of this chapter, rides as a passenger on a recreational motor vehicle in violation of § 100.02(D) of this chapter, or is the owner of a recreational motorized vehicle who knowingly permits its operation in violation of § 100.02(D) of this chapter may be fined a sum not to exceed $1,000, but not less than $500 for a first offense, may be fined a sum not to exceed $1,500, but not less than $1,000 for a second offense, or may be fined a sum not to exceed $2,000, but not less than $1,000 for any third or subsequent offense.
   (E)   Any person who operates an EPAMD in violation of § 100.02(D) of this chapter, or is the owner of an EPAMD who knowingly permits its operation in violation of § 100.02(D) of this chapter, may be fined a sum not to exceed $100, but not less than $50 for a first offense, may be fined a sum not to exceed $200, but not less than $100 for a second offense, or may be fined a sum not to exceed $300, but not less than $200 for any third or subsequent offense.
   (F)   A police officer who observes any person in violation of any division of § 100.02 of this chapter may detain such person for purposes of enforcing the provisions of this chapter and may take the motorized recreational vehicle in question into the custody of the Waterbury Police Department, at the owner’s expense, pending a disposition of such property by court order or otherwise by law and shall issue a citation imposing a fine in an amount authorized by this ordinance pursuant to Conn. Gen. Stat. § 7-148b.
   (G)   Before the owner or person in charge of an impounded motorized recreational vehicle or EPAMD shall be permitted to remove the vehicle from impoundment, he or she shall furnish to Waterbury Police Department, or such other person as the Chief of Police shall designate, evidence of his or her  registration and ownership, shall sign a receipt for such vehicle, and shall pay the cost of impoundment. Such owner or person in charge of an impounded motorized recreational vehicle or EPAMD shall obtain a written release from the Waterbury Police Department on a form prescribed by the Chief of Police prior to the release of such impounded motorized recreational vehicle or EPAMD. The Waterbury Police Department shall refuse the release of any motorized recreational vehicle or EPAMD lawfully seized that the Chief of Police or his designee has authorized to hold as evidence in a criminal investigation or proceeding.
   (H)   Posting by all terrain vehicle dealers. Each motorized recreational vehicle dealer offering for sale, lease or rental of new motorized recreational vehicles within the City of Waterbury shall post this chapter in a prominent location at said dealer’s place of business. Any motorized recreational vehicle dealer who violates any provision of this section shall have committed an infraction. For a first violation, the Chief of Police or his or her designee shall issue a written warning providing notice of the specific violation and the time period within which it shall be corrected. If the motorized recreational vehicle dealer receiving the written warning fails to correct the violation within the time period specified in the warning, the Chief of Police or his or her designee shall issue a fine of $99. Any continuing violation that is discovered during any subsequent re-inspection shall result in a fine of $99. Each re-inspection at which a violation is discovered shall constitute a separate violation.
   (I)   Penalties; liability. Except as otherwise provided, any person who violates any of Conn. Gen. Stat. §§ 14-379 to 14-390, inclusive, or any regulation relating thereto shall have committed an infraction for each such offense. In addition thereto the operator or owner, or both of a snowmobile or all-terrain vehicle, shall be responsible and held accountable to the owner of any land where trees, shrubs, crops, fences or other property have been damaged as a result of travel of such snowmobiles or all-terrain vehicles over such land, or where consequential damage has resulted from such travel.
(Ord. passed 6-8-2015)