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City Council

Regular Meeting

Norwich, CT · July 3, 2023

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 The regular meeting of the Council of the City of Norwich was held July 3, 2023 at 7:30 PM in Council Chambers. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Neuendorf, Gould, Singh, Burto and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Nash read the opening prayer and President Pro Tem DeLucia led the members in the Pledge of Allegiance. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Upon a motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the following minutes of June 5, 12 (public hearing) and 19, 2023. Mayor Nystrom read the following Proclamation: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 Upon a motion of Ald. Gould, seconded by Ald. Burto, on a roll call vote it was unanimously voted to accept the letter from the Public Safety Committee. CITY MANAGERS REPORT To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: July 3, 2023 Meetings attended were Southeastern Council of Governments Executive Committee Meeting (SCCOG), Connecticut Interlocal Risk Management Agency (CIRMA) Investment Committee, NPU-City Coordination Meeting, NCDC Board of Directors meeting, CT Investment Fund (CIF) Stakeholders, Fire Chiefs Apparatus, 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 Uncas Leap Steering Committee, City Department Head Meeting and press conference with Lieutenant Governor Susan Bysiewicz and local legislators announcing funding for Norwich. I also attended the Ribbon Cutting for the Armstrong Tennis Courts which are now open to the public. Thank you to the Tennis Ad Hoc Committee for their fundraising efforts for the past 4 years on this community project. The City of Norwich Plan of Conservation and Development (POCD) Committee had three final community conversations in June to solicit additional input from the public for preparation of the draft POCD. There were approximately 55 participants at the sessions and a public hearing will be held on August 15th, regarding the City’s statutorily required 10 year plan. July tax bills are now due and payments can be paid until August 1st, without interest. The Tax Office is open Monday through Friday and no appointment is needed. Payments can be paid in person, online, through the mail or at the three Norwich locations of M & T Bank during the month of July I would like to congratulate Betsy Barrett, on her retirement after 11 + years of service as our City Clerk. This will be Betsy’s last Council Meeting. Roseanne Muscarella, Assistant City Clerk, who has 22 years of experience in the office, will be sworn in as City Clerk on July 18th. Tianne Curtis, who began her career 20 years ago in the Clerk’s Office will be returning as Assistant City Clerk. Congratulations and good luck to all them. Thank you to the Rose Art Festival Committee, Norwich Events Organization, sponsors, volunteers and Public Works for their extra efforts for this past weekend’s festivities. Due to the forecast, the fireworks are rescheduled to Friday, July 7th. The Summer Concert series starts July 7thth with Friday Night Acoustics at the Norwichtown Green and Rock the Docks at Brown Park on July 12th. Thank you to the Greater Norwich Area Chamber of Commerce and sponsors. The Norwich Farmers Market starts Wednesday, July 12th and will run until October 25th at Brown Park. Attached is the Fire Chiefs report from the June 14th meeting. City Manager’s Report to Public Safety July 12, 2023 meeting I met with the Fire Chiefs on June 14th. The meeting covered a variety of topics. Chief Montoya gave an update on the radio and CAD projects. Mobile installation is complete for Norwich Fire, East Great Plain, and has begun for Laurel Hill. All portables were distributed to the departments. Chief Jencks raised concerns with Auto Aid policy being followed at Dispatch. He also spoke to the re-tone policy. With Captain Veiga’s recent retirement, Chief Daley will be the point of contact for the Chiefs for Dispatch related procedures. We will schedule a meeting with him for the coming weeks. Deputy Chief Clark asked if there was further interest in members becoming certified as drone operators. A list of interested members will be provided to EGP for inclusion in future training. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 The group discussed city wide SOGs and progress. Chief Eggert brought up issues that some of his members were having with double billing and collection notices from the annual physicals. Other concerns were raised about the level of service that Concentra has provided since they acquired the city wide contract from Physician One. The Chiefs will work with the Purchasing Agent to review options. There was general conversation on the recently passed budget, future apparatus funding, and the needs of the departments. Meeting lasted approximately 1.5 hours. Next meeting to be scheduled. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Mayor Nystrom declared citizen comment open. H Tucker Braddock, 868 Scotland Rd, asked for support on Resolution #3 to finish the City docks. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Gould, seconded by Ald. Neuendorf, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Gould. BE IT RESOLVED that the below named has been nominated, and is hereby appointed, as a regular member of the Norwich Board of Education to fill a term of a Republican member who resigned, said term to expire on December 4, 2023. James Paulsen (R) Upon a motion of Ald. Gould, seconded by Ald. Neuendorf, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. WHEREAS, the Council of the City of Norwich, by resolution adopted February 3, 2020, authorized the recreation division of the Department of Human Services to accept donations, contributions and grants for the purpose of improving and maintaining the city’s tenant facilities, including, but not limited to, the Armstrong Tennis Courts; and WHEREAS, following adoption of the resolution of February 3, 2020 an ad hoc committee consisting of 5 members was nominated by the Recreation Advisory Board; and WHEREAS, the resolution of February 3, 2020 also provided that if after a period of 24 months following the passage of this resolution insufficient funds had been received by the city, the use of the Armstrong Tennis Courts for tennis purposes may be discontinued with the revenues to remain on account to be used for future repairs and improvements; and 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 WHEREAS, fund raising efforts were disrupted by the COVID 19 pandemic; and WHEREAS, efforts to raise funds continued with the assistance of the Recreation Advisory Board and a Tennis Ad Hoc Committee with the fundraising period being extended on February 7, 2023 for a period of 24 months or the duration of the Armstrong Tennis Courts Restoration Project, whichever came first; and WHEREAS, with the assistance of funds raised by the Recreation Department, the Tennis Ad Hoc Committee, and funding made available by the City of Norwich through the American Rescue Plan Act, the Armstrong Tennis Courts have been restored with four courts replaced by hard surface courts and two converted to a children’s play area, the courts having become available for play on June 29, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the Tennis Ad Hoc Committee having completed its work on the Armstrong Tennis Court Restoration Project, and with the thanks of the Council and the citizens of the City of Norwich, be and hereby is disbanded, and funds which remain to be used as set out in the February 3, 2020 resolution. Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. Relative to amendment of existing American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the American Rescue Plan Act allocations adopted previously, be amended as follows: Current City Manager ARPA Exp. Brief Change Project Dept/ Details of requested change balance recommended Code Description + / (-) # Entity of ARP allocation funds Additional funds needed to award bid. Current total available is $1.05M, total $300K from Brown Park available funds. 2.35-Aid to bid is over $1.3M. Docks Public ARP38 Tourism, Replacement Works $100,000 $300,000 This increases full Travel, or Requesting an additional up to $300K. allocation up to Project Hospitality $400K Project will be funded by ARP, State Grants, Bonds and City Match. Prior Balance of funds AVAILABLE $781,719 REVISED FUNDS AVAILABLE AFTER ABOVE PROPOSED CHANGE $481,719 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 Upon a motion of Ald. Nash, seconded by Ald. Singh, it was unanimously voted on a roll call vote to waive the full reading of the text, and set a public hearing on July 17, 2023 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. AN ORDINANCE PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES, DIRT BIKES, AND MINI-MOTORCYCLES ON CITY OF NORWICH PROPERTY NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following ordinance prohibiting the use of all-terrain vehicles, dirt bikes, and mini- motorcycles on City of Norwich property be and hereby is adopted to be codified in the Code of Ordinances of the City of Norwich as Chapter 20 Article III. Prohibitions of the Operation of All-Terrain Vehicles, Dirt Bikes, and Mini-Motorcycles on City Property, section 20- 24a-h. Sec. 20-24. All-terrain vehicles, dirt bikes, and mini-motorcycles; operation prohibited on city property. (a) The purpose of this section is to prohibit the operation of all-terrain vehicles, dirt bikes, mini- motorcycles, and all motorized vehicles as defined in Chapter 255 of the Connecticut General Statutes on property owned by or under the control of the City of Norwich, specifically and especially on public streets, highways, recreation areas, sidewalks and in any public spaces, thereby preventing damage to flora and fauna and to hiking trials, stone walls, and other physical features of the city’s parks, public places and streets, promoting the safe use of these areas, and insuring that these areas are protected for the benefit of all users of the city’s parks and public places, all as authorized and as consistent with Chapter 255 and C.G.S. §14-289j of the Connecticut General Statutes. (b) Definitions. As used in this section, the following terms shall have the meanings described herein, unless the context clearly indicates that a different meaning is intended. a. “All-terrain vehicle” means a self-propelled vehicle designed to travel over unimproved terrain and which has been determined by the Commissioner of the Motor Vehicles to be unsuitable for operation on the public highways in accordance with C.G.S. §14-387. b. “Dirt bike” means a two-wheeled motorized recreational vehicle designed to travel over unimproved terrain and not designed for travel on a highway, as defined in C.G.S. §14-1. “Dirt bike” does not include an all-terrain vehicle, as defined in C.G.S. §14-379, or a motor-driven cycle, as defined in C.G.S. §14-1. c. “Mini-motorcycle” shall have the same meaning as provided in C.G.S. §14-289j. d. “Operate” means to ride, control the course of, or otherwise use an all-terrain vehicle, dirt bike, or mini-motorcycle. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 (c) Prohibited acts. In addition to such rules of operation as set forth in §14-387 of Chapter 255 of the Connecticut General Statutes, no person shall operate and no owner shall permit the operation of any all-terrain vehicle, dirt bike, or mini-motorcycle, upon property owned, leased or controlled by the City of Norwich except within areas specifically designated and posted by the city for all-terrain vehicle, dirt bike, or mini-motorcycle use. No person operating an all-terrain vehicle, dirt bike, or mini-motorcycle on property owned, leased or controlled by the City of Norwich shall refuse to stop his all-terrain vehicle, dirt bike, or mini- motorcycle or after being requested or signaled to do so by an authorized law enforcement officer or by an authorized agent of the City of Norwich. (d) Exemptions. The provisions of subsection (c) hereof shall not apply to authorized law enforcement officers or authorized agents of the City of Norwich who operate all-terrain vehicles, dirt bikes, or mini-motorcycles while in the performance of their official duties or to firefighters or emergency medical technicians while engaged in the performance of duties as such firefighter or technician. (e) Penalties; liability. Pursuant to all enforcement and control provisions of C.G.S. §§ 14- 289j, 14-388, 14-390 and 14-390m, and any amendment thereto, any person who violates the provisions of this section shall be subject to an infraction and/or at the election of the law enforcement officer or municipal enforcement authority, a penalty in the amount of one hundred dollars for a first violation, two hundred fifty dollars for a second violation and five hundred dollars for a third or subsequent violation. In addition, the operator or owner, or both, of an all-terrain vehicle, dirt bike, or mini-motorcycle shall be responsible and held accountable to the City of Norwich for damage to trees, shrubs, grass lawns and other maintained or manicured areas, crops, fences or other property caused by operation of such all-terrain vehicles, dirt bikes, or mini-motorcycles on land of the City of Norwich or where consequential damage has resulted from such operation. In any prosecution or action for damages hereunder, proof of the registration number of such vehicles(s) as may be applicable, shall be prima facie evidence that the owner was the operator. (f) Seizure, storage and forfeiture. (1) Any police officer who issues a summons for the alleged violation of subsections (b), (c), or (d) of C.G.S. §14-289j shall cause the mini-motorcycle that was being operated to be impounded for a period of forty-eight hours after the issuance of such summons. The owner of such mini-motorcycle, upon satisfactorily establishing ownership, may reclaim such mini-motorcycle after the expiration of such forty-eight-hour period upon payment of all transportation and storage costs. (2) In addition to the penalties provided for in subsection (e) of this section, and, consistent with the seizure and forfeiture provisions of Chapter 255 of the C.G.S. §§ 14-390 and 14- 390m, and subject to lien or security interests set forth in the next section hereof, any all-terrain vehicle, dirt bike, or mini-motorcycle used in the commission of a violation of this section shall be subject to seizure by, forfeiture to an sale at auction by the City within fifteen (15) days from said seizure and upon best efforts to notify the party from whom seized within said period. (3) Seizure of and forfeiture of any all-terrain vehicle, dirt bike, or mini-motorcycle to the city shall be subject to any bona fide lien, lease or security interest in the all-terrain 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 3, 2023 vehicle, dirt bike, or mini-motorcycle, including, but not limited to, a lien under C.G.S. §14-66c for costs and expenses including penalties pursuant to subsection (e) hereof and reasonable daily storage and related expenses. No all-terrain vehicle, dirt bike, or mini- motorcycle shall be forfeited under the provisions of this subsection to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner of lienholder did not know and could not have reasonably known that such all-terrain vehicle, dirt bike, or mini-motorcycle was being used or was intended to be used in violation of this section. (4) Any all-terrain vehicle, dirt bike, or mini-motorcycle ordered forfeited pursuant to the provisions of this subsection shall be sold at public auction conducted by the city. The proceeds of such sale shall be deposited in the General Fund of the city. (g) Municipal Enforcement Authority. The enforcement authority pursuant to this Section shall be deemed to be the Traffic Authority or his designee or agent including all law enforcement officers. (h) This ordinance shall take effect ten days (10) days after adoption and publication, as provided by law and sec. 9 of Chapter V of the Charter of the City of Norwich. Upon motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote of 7-0 it was unanimously voted to adjourn 8:00 pm. City Clerk 8

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH July 3, 2023 7:30 PM The meeting will be televised on the Public Access Channel and posted on the city website, www.norwichct.org, in real time. PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: June 5, 12 and 19, 2023 PROCLAMATION: Norma Christine Parrish PETITION AND COMMUNICATION 1. Communication from the Public Safety Committee regarding and proposed Ordinance regarding All-terrain vehicles, dirt bikes, and, mini-motorcycles on City property. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS (only on the agenda items) NEW BUSINESS-RESOLUTIONS 1. Relative to the fill a vacancy on the Board of Education. 2. Relative to disband the Tennis Ad Hoc Committee. 3. Relative to amendment of existing American Rescue Plan Act allocations. NEW BUSINESS-ORDINANCE 1. AN ORDINANCE PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES, DIRT BIKES, AND, MINI-MOTORCYCLES ON CITY OF NORWICH PROPERTY. City Clerk City Of Norwich Mayors Office Peter Albert Nystrom, Mayor PRO CL A MAT I O N WHEREAS, Norma Christine (Randall) Parrish was born in July of 1924 and is celebrating her Ninetieth-nine birthday; and WHEREAS, Norma Christine Parrish attended NFA and graduated in 1942 and was a member of Girls’ N Club and Girls’ Athletic Association; and WHEREAS, Norma Christine Parrish in her Junior and Senior at NFA played Field Hockey, Volleyball, Archery, Basketball, Baseball, Badminton and Swimming, NFA yearbook states: "Quite an athlete is "Norm" who will be missed at the Gym; and WHEREAS, Norma Christine Parrish was the wife of Andrew and they had a son Andrew Parrish Jr., grandchildren Andrew III and Emery, great grandson Emery Jr; and WHEREAS, Norma Christine Parrish received the Kapteina Award in 2009 for a contributions in a variety of athletic and civic endeavors; and WHEREAS, Norma Christine Parrish has been a committed public servant volunteering as an active member of the Socialite Club, YMCA, Rose City Senior Center, NAACP, Norwich Golf Authority and the Democrat Town Committee, she is an Eastern Pequot Tribe Elder teaching and learning in an indigenous archeological program; and WHEREAS, Norma Christine Parrish received the Norwich NAACP President’s Award, Volunteer of the Year Award from the Rose City Center and citations for the YMCA for athleticism and commitment to youth programs, the Golf Authority recognized her for twenty six years dedicated membership and placed a plaque at the Norwich Golf Course and the Pioneer Award from the NAACP for Forty Five years of Service to the community. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, JOSEPH A. DELUCIA, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby congratulate Norma Christine Parrish on her impressive record and on a life well lived in the Rose City and thank her for being such an active citizen and ask all of the Rose City to wish her Happy Birthday. Dated this Eighth day of July, 2023 Peter Albert Nystrom Joseph A. DeLucia Mayor President Pro Tem PETITION & COMMUNICATION #1 CITY OF NORWICH Public Safety Committee 100 Broadway Norwich, CT 06360 (860) 823-3700 Public Safety Committee Joseph A. DeLucia - Chairman Record of the Vote June 14, 2023 Members Present – President Pro tem Joe DeLucia, Alderwoman Tracy Burto, Alderwoman Stacy Gould ● Motion by Alderwoman Burto, seconded by Alderwoman Gould that the Public Safety Committee make a favorable recommendation to the City Council to adopt the proposed Ordinance prohibiting the operation of all-terrain vehicles, dirt bikes, and mini-motorcycles on City of Norwich property. Seated were President Pro-tem DeLucia, Alderwoman Tracey Burto, and Alderwoman Stacy Gould. The motion passed by Unanimous vote in the affirmative. Voting in favor – President Pro-tem DeLucia and Alderwoman Burto and Alderwoman Stacy Gould. Voting in opposition – None Respectfully submitted, J. DeLucia Jr. - Chairman RESOLUTION #1 BE IT RESOLVED that the below named has been nominated, and is hereby appointed, as a regular member of the Norwich Board of Education to fill a term of a Republican member who resigned, said term to expire on December 4, 2023. James Paulsen (R) Mayor Peter Albert Nystrom Alderwoman Stacy Gould RESOLUTION #2 WHEREAS, the Council of the City of Norwich, by resolution adopted February 3, 2020, authorized the recreation division of the Department of Human Services to accept donations, contributions and grants for the purpose of improving and maintaining the city’s tenant facilities, including, but not limited to, the Armstrong Tennis Courts; and WHEREAS, following adoption of the resolution of February 3, 2020 an ad hoc committee consisting of 5 members was nominated by the Recreation Advisory Board; and WHEREAS, the resolution of February 3, 2020 also provided that if after a period of 24 months following the passage of this resolution insufficient funds had been received by the city, the use of the Armstrong Tennis Courts for tennis purposes may be discontinued with the revenues to remain on account to be used for future repairs and improvements; and WHEREAS, fund raising efforts were disrupted by the COVID 19 pandemic; and WHEREAS, efforts to raise funds continued with the assistance of the Recreation Advisory Board and a Tennis Ad Hoc Committee with the fundraising period being extended on February 7, 2023 for a period of 24 months or the duration of the Armstrong Tennis Courts Restoration Project, whichever came first; and WHEREAS, with the assistance of funds raised by the Recreation Department, the Tennis Ad Hoc Committee, and funding made available by the City of Norwich through the American Rescue Plan Act, the Armstrong Tennis Courts have been restored with four courts replaced by hard surface courts and two converted to a children’s play area, the courts having become available for play on June 29, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the Tennis Ad Hoc Committee having completed its work on the Armstrong Tennis Court Restoration Project, and with the thanks of the Council and the citizens of the City of Norwich, be and hereby is disbanded, and funds which remain to be used as set out in the February 3, 2020 resolution. Mayor Peter Albert Nystrom President Pro Tem Joseph A. DeLucia Alderwoman Stacy Gould 02235991 RESOLUTION #3 Relative to amendment of existing American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the American Rescue Plan Act allocations adopted previously, be amended as follows: Current City Manager ARPA Exp. Brief Change Project Dept/ Details of requested change balance recommended Code Description + / (-) # Entity of ARP allocation funds Additional funds needed to award bid. Current total available is $1.05M, total $300K from Brown Park available funds. 2.35-Aid to bid is over $1.3M. Docks Public ARP38 Tourism, Replacement Works $100,000 $300,000 This increases full Travel, or Requesting an additional up to $300K. allocation up to Project Hospitality $400K Project will be funded by ARP, State Grants, Bonds and City Match. Prior Balance of funds AVAILABLE $781,719 REVISED FUNDS AVAILABLE AFTER ABOVE PROPOSED CHANGE $481,719 City Manager John Salomone NEW BUSINESS ORDINANCE #1 AN ORDINANCE PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES, DIRT BIKES, AND MINI-MOTORCYCLES ON CITY OF NORWICH PROPERTY NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following ordinance prohibiting the use of all-terrain vehicles, dirt bikes, and mini- motorcycles on City of Norwich property be and hereby is adopted to be codified in the Code of Ordinances of the City of Norwich as Chapter 20 Article III. Prohibitions of the Operation of All-Terrain Vehicles, Dirt Bikes, and Mini-Motorcycles on City Property, section 20- 24a-h. Sec. 20-24. All-terrain vehicles, dirt bikes, and mini-motorcycles; operation prohibited on city property. (a) The purpose of this section is to prohibit the operation of all-terrain vehicles, dirt bikes, mini- motorcycles, and all motorized vehicles as defined in Chapter 255 of the Connecticut General Statutes on property owned by or under the control of the City of Norwich, specifically and especially on public streets, highways, recreation areas, sidewalks and in any public spaces, thereby preventing damage to flora and fauna and to hiking trials, stone walls, and other physical features of the city’s parks, public places and streets, promoting the safe use of these areas, and insuring that these areas are protected for the benefit of all users of the city’s parks and public places, all as authorized and as consistent with Chapter 255 and C.G.S. §14-289j of the Connecticut General Statutes. (b) Definitions. As used in this section, the following terms shall have the meanings described herein, unless the context clearly indicates that a different meaning is intended. a. “All-terrain vehicle” means a self-propelled vehicle designed to travel over unimproved terrain and which has been determined by the Commissioner of the Motor Vehicles to be unsuitable for operation on the public highways in accordance with C.G.S. §14-387. b. “Dirt bike” means a two-wheeled motorized recreational vehicle designed to travel over unimproved terrain and not designed for travel on a highway, as defined in C.G.S. §14-1. “Dirt bike” does not include an all-terrain vehicle, as defined in C.G.S. §14-379, or a motor-driven cycle, as defined in C.G.S. §14-1. c. “Mini-motorcycle” shall have the same meaning as provided in C.G.S. §14-289j. d. “Operate” means to ride, control the course of, or otherwise use an all-terrain vehicle, dirt bike, or mini-motorcycle. (c) Prohibited acts. In addition to such rules of operation as set forth in §14-387 of Chapter 255 of the Connecticut General Statutes, no person shall operate and no owner shall permit the operation of any all-terrain vehicle, dirt bike, or mini-motorcycle, upon property owned, leased or controlled by the City of Norwich except within areas specifically designated and posted by the city for all-terrain vehicle, dirt bike, or mini-motorcycle use. No person operating an all-terrain vehicle, dirt bike, or mini-motorcycle on property owned, leased or controlled by the City of Norwich shall refuse to stop his all-terrain vehicle, dirt bike, or mini- motorcycle or after being requested or signaled to do so by an authorized law enforcement officer or by an authorized agent of the City of Norwich. (d) Exemptions. The provisions of subsection (c) hereof shall not apply to authorized law enforcement officers or authorized agents of the City of Norwich who operate all-terrain vehicles, dirt bikes, or mini-motorcycles while in the performance of their official duties or to firefighters or emergency medical technicians while engaged in the performance of duties as such firefighter or technician. (e) Penalties; liability. Pursuant to all enforcement and control provisions of C.G.S. §§ 14- 289j, 14-388, 14-390 and 14-390m, and any amendment thereto, any person who violates the provisions of this section shall be subject to an infraction and/or at the election of the law enforcement officer or municipal enforcement authority, a penalty in the amount of one hundred dollars for a first violation, two hundred fifty dollars for a second violation and five hundred dollars for a third or subsequent violation. In addition, the operator or owner, or both, of an all-terrain vehicle, dirt bike, or mini-motorcycle shall be responsible and held accountable to the City of Norwich for damage to trees, shrubs, grass lawns and other maintained or manicured areas, crops, fences or other property caused by operation of such all-terrain vehicles, dirt bikes, or mini-motorcycles on land of the City of Norwich or where consequential damage has resulted from such operation. In any prosecution or action for damages hereunder, proof of the registration number of such vehicles(s) as may be applicable, shall be prima facie evidence that the owner was the operator. (f) Seizure, storage and forfeiture. (1) Any police officer who issues a summons for the alleged violation of subsections (b), (c), or (d) of C.G.S. §14-289j shall cause the mini-motorcycle that was being operated to be impounded for a period of forty-eight hours after the issuance of such summons. The owner of such mini-motorcycle, upon satisfactorily establishing ownership, may reclaim such mini-motorcycle after the expiration of such forty-eight-hour period upon payment of all transportation and storage costs. (2) In addition to the penalties provided for in subsection (e) of this section, and, consistent with the seizure and forfeiture provisions of Chapter 255 of the C.G.S. §§ 14-390 and 14- 390m, and subject to lien or security interests set forth in the next section hereof, any all-terrain vehicle, dirt bike, or mini-motorcycle used in the commission of a violation of this section shall be subject to seizure by, forfeiture to an sale at auction by the City within fifteen (15) days from said seizure and upon best efforts to notify the party from whom seized within said period. (3) Seizure of and forfeiture of any all-terrain vehicle, dirt bike, or mini-motorcycle to the city shall be subject to any bona fide lien, lease or security interest in the all-terrain vehicle, dirt bike, or mini-motorcycle, including, but not limited to, a lien under C.G.S. §14-66c for costs and expenses including penalties pursuant to subsection (e) hereof and reasonable daily storage and related expenses. No all-terrain vehicle, dirt bike, or mini- motorcycle shall be forfeited under the provisions of this subsection to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner of lienholder did not know and could not have reasonably known that such all-terrain vehicle, dirt bike, or mini-motorcycle was being used or was intended to be used in violation of this section. (4) Any all-terrain vehicle, dirt bike, or mini-motorcycle ordered forfeited pursuant to the provisions of this subsection shall be sold at public auction conducted by the city. The proceeds of such sale shall be deposited in the General Fund of the city. (g) Municipal Enforcement Authority. The enforcement authority pursuant to this Section shall be deemed to be the Traffic Authority or his designee or agent including all law enforcement officers. (h) This ordinance shall take effect ten days (10) days after adoption and publication, as provided by law and sec. 9 of Chapter V of the Charter of the City of Norwich. Mayor Peter Albert Nystrom President Pro Tem Joseph A. DeLucia Alderwoman Stacy Gould

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