ARTICLE XIII. - MOTORCYCLES AND OFF-HIGHWAY MOTOR VEHICLES
Part of the Code of Ordinances of East Providence, RI.
The text
DIVISION 1. - IN GENERAL#
Sec. 18-401. - Findings and purpose.#
(a)
The city council finds that the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the limits of the city is and can be the cause of noise and dust and of the destruction of plants, landscaping, and other personal and real property, which conduct adversely affects the comfort and privacy of occupants and residents of the city. Additionally, the increased use of motorized play vehicles including but not limited to miniature motorcycles, motorized scooters and mini bikes on city property constitutes a safety hazard. Because this conduct may be intermittent, fleeting, moving, or caused by persons who are minors, the other provisions of this revision, as well as other legal remedies are inadequate to control this conduct and its adverse effects. The provisions of this article relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.
(b)
The city council declares that the purpose of this section is to exercise the general police power in order to promote public safety, protect the enjoyment and use of public and private property, to protect the right of privacy, to preserve property and personal values, and to promote peace and quiet within the city by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the city.
(c)
This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway vehicles on streets and highways or in other areas which are specifically governed or preempted by the motor vehicle code or any other statutes of the state.
(Rev. Ords. 1987, § 18-401; Ch. 395, § I, 7-11-06)
Sec. 18-402. - Use.#
It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in G.L. 1956, §§ 31-1-3 and 31-3.2-1 respectively of the motor vehicle code of the state, including but not limited to motor scooters, motorbikes and minibikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with city standards and approved by the city, except that this section shall not apply in any of the following instances: (1)
Where such vehicle is being driven, ridden, or used upon property by the owner, resident or tenant of such property, or by an authorized visitor when such visitor is accompanied by or has a written authorization in his possession from the owner, resident or tenant of such property;
(2)
Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the city.
(Rev. Ords. 1987, § 18-402)
Sec. 18-403. - Mufflers.#
It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in G.L. 1956, §§ 31-1-3 and 31-3.2-1 respectively of the motor vehicle code of the state, including but not limited to motor scooters, motorbikes and minibikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with the city standards and approved by the city, unless the motorcycle, motor-driven cycle, or off-highway motor vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of G.L. 1956, §§ 31-23-13 and 31-3.2-8 of the motor vehicle code of the state, as the state statute now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(Rev. Ords. 1987, § 18-403)
Sec. 18-404. - Other regulations.#
The regulations contained in this chapter do not supersede or preclude the enforcement of the zoning regulations or any other regulations contained in this Revision which are applicable to any conduct regulated hereby.
(Rev. Ords. 1987, § 18-404)
Sec. 18-405. - Motorized mini-bikes.#
It shall be unlawful for any person to operate a motorized device, including but not limited to miniature motorcycles, motorized scooters, or mini-bikes: (1)
Upon any public property including, but not limited to public streets, sidewalks, school property, playgrounds and parks;
(2)
Upon private property of another without express written permission of the owner or occupant of such property; or
(3)
Upon private property at such times to create unusual noise or danger, which may be a public nuisance or hazard, endangering the quiet, peace, or safety of persons inhabiting nearby residential buildings.
This section specifically excludes registered motorized scooters designed for seated operation, electric personal assistive mobility devices including Segways, motorized wheelchairs and motorized scooters designed for individuals with disabilities, or any other vehicle utilized by a disabled person as his or her only predictable means of transportation.
When a minor operates a motorized device, the minor's legal guardian is liable and legally responsible for all injuries and damages caused by the minor's operation of the motorized device, and for the minor's violation of this section.
Any person convicted of willfully violating this section shall be guilty of an infraction punishable by a fine not to exceed $100.00 and/or a requirement to perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days during times other than his or her hour of school attendance and employment. Each violation shall be a separate infraction.
(Ch. 395, § II, 7-11-06)
DIVISION 2. - SNOWMOBILES AND RECREATIONAL OFF-ROAD VEHICLES#
Sec. 18-406. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Operate means to control the operation of a snowmobile or recreational off-road vehicle.
Operator means a person who operates or is in actual control of a snowmobile or recreational off-road vehicle.
Recreational off-road vehicle means a motorized or electronic vehicle designed to travel over unimproved terrain including, but not limited to, minibikes, dirt bikes, all-terrain vehicles, and any other three or four wheel vehicle regardless of type or design. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors.
Snowmobile means a vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.
Register means the act of registering a snow mobile or recreational off-road vehicle, as defined in this section, in accordance with G.L. § 31-3-2.2.
(Ch. 799, § I, 4-20-21)
Sec. 18-407. - Registration.#
(a)
All snowmobiles and recreational off-road vehicles must be registered with the Rhode Island Department of Environmental Management as provided by state statute G.L. § 31-3-2.2.
(b)
No person shall place, store, or keep any snowmobiles or recreational off-road vehicles, which are not registered in accordance with state law, upon public or private land, including any buildings thereon zoned or used for residential purposes.
(Ch. 799, § I, 4-20-21)
Sec. 18-408. - Operations.#
(a)
It shall be unlawful for any person to operate a snowmobile or recreational off-road vehicle within the city limits, except on private property totaling at least two and one-half acres in area and with the express permission to do so by the owner or occupant of said private property.
(b)
No person illegally operating any recreational vehicle described in this section shall elude or attempt to elude any police officer upon being signaled to stop or upon being told to stop. This subsection shall apply upon the occurrence of any lawful act by a police officer in telling or signaling any vehicle operator to stop by any oral statement, siren, flashing light, hand signal or other signal. This shall apply whether the police officer ordering or signaling the stop is in a vehicle or afoot. This subsection is intended to prohibit acts to elude a police officer, including acts consisting of increasing speed, changing directions, turning off lights or taking similar steps to avoid or escape from a police officer. A failure to notice a signal shall not be deemed eluding or attempting to elude a police officer under this section. Any person apprehended in violation of this subsection shall be subject to a fine.
(Ch. 799, § I, 4-20-21)
Sec. 18-409. - Enforcement.#
(a)
The East Providence Police Department shall have the authority to enforce the provisions of this article and to promulgate rules and regulations necessary to implement and enforce this article.
(b)
The East Providence Police Department shall have the authority to impound any snowmobile or recreational off-road vehicle found to be in violation of this division.
(c)
No impounded snowmobile or recreational off-road vehicle shall be released until final disposition of all criminal and/or civil charges relating to the operation or storage of any recreational off-road vehicle, nor until proof of ownership and proper registration according to state statute are verified and applicable towing and storage charges are paid. Additionally, the city solicitor shall have the authority to commence forfeiture proceedings pursuant to section 18-410(1)a.
(Ch. 799, § I, 4-20-21)
Sec. 18-410. - Penalty.#
The penalty for a violation of this article, shall be forfeiture of the snowmobile or recreational off-road vehicle; or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this article and it is the first time that a snowmobile or recreational off-road vehicle belonging to the owner has been found to be in violation of this article, a civil penalty of $500.00 in addition to any and all other fines and/or penalties associated with the illegal operation of such vehicle shall be imposed upon the operator and/or owner. The East Providence Police Department shall be empowered to seize and impound snowmobiles and recreational vehicles in order to enforce this article. (1)
Commencement of forfeiture proceeding and notice.
a.
The city solicitor shall bring an action for forfeiture by filing a complaint in the East Providence Municipal Court.
b.
The city solicitor shall give notice of the forfeiture proceeding by mailing a copy of the forfeiture complaint and a notice for hearing to each person whose right, title, or interest is of record in the division of motor vehicles or any other department or agency of the state, or in any other state or federal agency or department in which the property is required to be registered. Such person or persons are hereinafter referred to as the "owner."
c.
The owner of the property shall, within 30 days after the mailing of the complaint and notice, file a verified answer to the complaint. The owner shall also appear at the hearing on the action for forfeiture.
(2)
Forfeiture hearing.
a.
If the owner shall fail to appear at the forfeiture hearing, the court may enter an order of forfeiture by default.
b.
If the owner appears at the forfeiture hearing, the city solicitor shall show, by a preponderance of the evidence, that the property was used in violation of this article.
c.
If the city solicitor has not made the showing required in (2)b. of this section, the court shall order the property released to the owner.
d.
If the court finds that the city solicitor has made the required showing, the owner may offer evidence that the owner was not using the property at the time of the violation that the owner did not know, or have reason to know, that the property was used or possessed, or was to be used or possessed, in any manner that violates chapter 18, article XIII. For the purposes of this article, an owner shall be deemed to have knowledge of the provisions of chapter 18, article XIII.
e.
If the owner rebuts the city solicitor's showing, by a preponderance of the evidence then the complaint for forfeiture shall be denied and dismissed. The court will determine, based on the circumstances presented, whether the owner shall be responsible for any fines or costs.
f.
Where the city solicitor has made the required showing, and the owner has not rebutted that showing by a preponderance of the evidence, or where the court enters forfeiture by default, the court may order:
1.
That the property be destroyed by the agency which seized it or by some other municipal agency designated by the court; or
2.
That the property be delivered to and retained for use by the agency which seized it, or to some other municipal agency designated by the court; or
3.
That the property be sold at public auction by an agency designated by the court.
g.
Proceeds from sale at public auction, after payment of all reasonable charges and expenses for storage and public auction, shall be transferred to the city's general fund.
(Ch. 799, § I, 4-20-21)