Cops Propose Tougher Fines On Dirt Bikers

by Allan Appel | Aug 2, 2019 8:10 am

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Posted to: Legal Writes, Transportation, True Vote

City police plan to increase the fine for illegally riding a dirt bike or ATV in city streets to $1,000 for a first-time offense. Then to $1,500 for a second-time offense. Then to $2,000 for a third-time offense. Top brass discussed that proposal, along with many others, Thursday night at a community meeting dedicated to how local law enforcement hopes to curb illegal dirt bike riding in town. The meeting took place at the municipal office building at 200 Orange St., and was hosted by Our New Haven founder and Westville Democratic alder candidate Denis Serfilippi. Newly minted Assistant Police Chief Karl Jacobson previewed the draft legislation for a crowd of around 20 concerned New Haveners. He said the police, the mayor’s office, and the alders are currently working on adding the proposed fine update, as well as several other measures, to an amended city dirt bike ordinance designed to address the chronic and dangerous problem of dirt bike and ATV riders speeding through city streets. He said the proposed updates are modeled largely off of a similar ordinance recently implemented in New London. The ”>current city ordinance imposes a fine of up to $99 for people illegally operating dirt bikes, and a fine of up to $50 for passengers on illegally operating dirt bikes. In addition to the increased fines, Jacobson said the amended ordinance would requiring all gas stations in the city as well as vehicle sellers to post signs that riding ATVs and dirt bikes on city roads is illegal, to deny selling them gas, and to fine a seller or service station who doesn’t comply $100 for each lapse. He said the police also hope to more rapidly ticket bikes with civil violations, which requires a much lower burden of proof than criminal violations, and could lead to getting more bikes off the streets faster. “The state says you can’t seize a bike unless it is subject to a criminal violation,” Jacobson told a concerned and supportive audience. “This ordinance gives us more teeth than the state law. This gives us an option to not criminally charge, but a fine that is a real hit.” While officers under the proposed changes could still charge offenders criminally, shifting the enforcement focus to civil violations would enable officers to write a ticket, for example, based on evidence like a photograph or a video, and then hit the offender—or his parents if the offender is under age, for example, and the vehicle owner is the parent—with a serious monetary fine. “It’s better than the court system,” said Jacobson, with creative opportunities for deterrence, such as more seriously involving parents of young riders. The object, said city police Det. Christian Bruckhart, who accompanied Jacobson Thursday night, is “not to arrest but to remove the bikes from the road.” Jacobson said the legislative changes, which are working their way through Corporation Counsel and the aldermanic process, will also be accompanied by some technological initiatives. While he did not want to discuss them yet, Jacobson did say, with more than whimsy, “When I see a drone buzzing through Edgewood Park, I’ll be happy. For his part, Bruckhart has written comments, over the years, in the Independent’s comments section on the deployment of drones in police work. Most of the hour-and-a-half conversation focused on the changes in the law being proposed. At a March meeting that Serfilippi had convened, concern was expressed that changes shouldn’t target young, minority riders. Although the research the department has shows that the riders are of all backgrounds and range generally in age from 18 to 35, Jacobson said, the assistant chief returned with draft legislation that does not “criminalize it, but we want to make sure they stop riding.” Audience members supported the deterrent efforts but had questions, for example, about how a gas station owner could respond if a whole mass of riders show up. “How can a gas station enforce it—with one attendant?” asked Westvillian Sharon Lovett-Graff. “He has to turn on the gas,” said Jacobson. The assistant chief was also at pains to say the roll out would engage the gas station owners and support them. “We’ll put our cameras on the gas station, there are seven people there, that’s $700,” he said. “I’ve talked to a gas station on Whalley,” said Serfilippi, “and they don’t want to serve [when a crowd of ATV riders shows up].” “Now this [approach] gives [the gas station owner] incentive. This is a fix everyone can get behind,” said Jacobson. A resident from across the city—she did not want to identify herself but said she lives near the bird sanctuary in the Bishop Woods section of town—said she has been dealing with ATV riders plaguing her dead-end street for two decades. “And kids and their parents do quads together,” she said. Jacobson was familiar with her and her corner of the problem. “We came there, we yelled at them,” he said, of enforcement efforts from years gone by. “There is no perfect fix,” she said, incredulous that parents would buy these vehicles for their kids and also ride along with them. “This may help you. We can go up there and write a ticket for $1,000. This may be the fix for them. I’ll tell Lt. Rentkowicz [the district manager of the area] to write tickets. The burden of proof is less,” Jacobson added. “I live near Edewood Park. Could signs be posted?” asked Lovett-Graff. “Yes,” replied Jacobson. “What about riding in parks and on sidewalks?” Lovett-Graff said. Yes, Jacobson said, reading from a draft of the bill’s language changes, “Yes, schools, parks, sidewalks. But the kicker is ‘knowingly permit’ someone, which means you can get to the parents. We could write parents tickets. This allows us to be creative.” Bruckhart said he grew up in New Haven and there have always been dirt bikes. They were manageable because the groups were small. However, social media allows meet-ups, leading to larger groups, and ways to conceal and mask identities from the authorities. “If you start seizing [and fining], New Haven gets the reputation. If bikes get seized, they will go [elsewhere.} If we roll this out and it doesn’t work, we’ll keep trying. If this [even just] prevents mass rides, that’s a win,” Bruckhart added. It’s too late for the bill, assuming it becomes law, to have an effect this summer. But it will be available and the basis for new deterrence for next summer, Jacobson said.

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posted by: Belgi85 on August 2, 2019 8:30am Can the city or police department provide stats as to how many of the $99 fines were issued under the last version of this? Point being, if the fines aren’t enforced, they are not a deterrent. So my actual question is, How is the city or police department planning on changing enforcement efforts?

posted by: Noteworthy on August 2, 2019 8:48am These are excellent next steps - and real teeth. I love the huge escalation in fines and the lower legal threshold of civil action. It is genius to fine the gas station owners and operators. The operator can easily shut off the pump when the offenders pull to the pump… tell them no gas can be sold without incurring a huge fine. Kudos to Our New Haven Dennis Serfilippi for focusing on the problem and pushing, helping to start really solving a problem.

posted by: Sabrina-in-NewHaven on August 2, 2019 8:53am “If we seize bikes they’ll go elsewhere.” Good riddance!!!

You can start with Ellsworth and ET Grasso Blvd. Every summer it is a challenge to get a full night’s sleep because these bike owners have nothing else better to do than to ride (race)up and down both of these streets at tops speeds.

posted by: THREEFIFTHS on August 2, 2019 9:25am I like How they are trying to pass a law in the District of Columbia to handle this problem. DC #Bikelife Campaign

Expanding legal access to and use of ATVs, Dirt Bikes and UTVs in Washington, DC. D.C. resident Eric Butler, Jr. has a different idea: What if instead of destroying the ATVs and dirt bikes, and arresting and fining their users, the city instead allowed them to be registered and legally used on city streets and highways?Butler, 33, is in the early stages of putting the question to D.C. voters in November. He’s submitted language to the D.C. Board of Elections for a ballot initiative he’s calling the “D.C. Bike Life Access and Use of Non-Traditional Vehicles Act of 2018.”What the language says is you’ll be able to register your dirt bike or your ATV in D.C., you’ll be able to use it with limited use in the District and on the highways,” he said. “On the highways, you’ll be able to ride on the shoulder. And in D.C., as long you’re not going over 45 on the streets, then you won’t need a [motorcycle] endorsement on your license. https://wamu.org/story/18/02/15/culture-crime-d-c-group-wants-legalize-atvs-dirt-bikes/

posted by: anonymous on August 2, 2019 9:41am One of the main racial issues here is that the dirt bikers primarily break these laws in neighborhoods where most homeowners are people of color. That devalues those neighborhoods, and the properties of those people of color, relative to properties owned by whites. It’s another reason why a typical 60 year old white Connecticuter has a net worth of about $1,000,000 whereas a typical black Connecticuter the same age has a net worth of about $100,000. So, the underlying racial issue has to do with the inequitable tax base: rich, mostly-white towns have the financial resources they need to put an end to this behavior, whether it involves policing or social work, while city centers do not. The state needs to do more to ensure that city centers have the resources they need to protect their residents from harm and prevent their residents’ properties, especially those owned by Black adults, from being constantly devalued.

posted by: Mttopper on August 2, 2019 10:11am What good are laws if not enforced? This problem will not go away till taken seriously .I have called many times with house numbers ect info.. no action was taken or the excuse we can’t chase them given.

posted by: Pat Taylor on August 2, 2019 10:13am Thank you alder candidate Dennis Serfilippi for hosting this community meeting on dirt bikers. Your persistence is a good trait given the maddeningly slow pace of New Haven government, and your time and energy getting involved in these city issues are greatly appreciated. Financial incentives (in this case heavy fines broadly applied) are effective ways to change human behavior. Involving gas station owners is a thoughtful idea. I hope our current aldermanic process doesn’t screw things up and weaken these potential legislative changes.

posted by: Dennis Serf on August 2, 2019 11:27am We have momentum and are moving in the right direction. The proposed legislation will make the City safer, avoid criminalizing the behavior, and (when amended) provide a funding source. BUT, we need the Alders to pass the ordinance. PLEASE sign the petition in support of the new ordinance. You can remain anonymous. Thank you!

https://www.ipetitions.com/my/petitions/1231650/signatures Dennis Serfilippi

posted by: NH4All on August 2, 2019 12:12pm Exactly my thoughts, Belgi. It all comes down to enforcement. If there’s little enforcement this whole thing is moot.

posted by: narcan on August 2, 2019 12:40pm Hefty fines and bike seizures is great but you have to catch the offender to do those things. I hear nothing about how we propose to lay hands on the person to levy these fines. On the off chance we do catch them, what happens when they cannot or will not pay the civil fine? When they are juvenile, who is responsible for the fine? This sounds like typical toothless Connecticut feel good legislation. I will just have to hope I’m proved wrong.

posted by: Dennis Serf on August 2, 2019 1:20pm Updating with the correct link to the petition PLEASE sign the petition in support of the new ordinance. You can remain anonymous. Thank you! https://www.ipetitions.com/petition/help-stop-the-illegal-dirt-bikes

posted by: Frank Columbo on August 2, 2019 1:27pm Narcan-I believe the “knowingly permit” clause applies to the issue of Juvenile fine payment. As explained in this article the parents/guardian would be responsible for payment. Dennis Serfilippi-Wish you were running in the 8th ward!

posted by: JohnnyO on August 2, 2019 1:38pm The pattern is predictable. An accident happens and then people are compelled to act. These actions by quads and dirt bikes have been happening for years! Heaven forbid that this was done years ago, proactively, before an accident had to trigger a response. The first nice day of Spring and the straight pipes and the quads come out of woodwork every year like clock work. It is as predictable as the seasons and yet it has taken this long to finally do something! Same with the K2 Opioid incidents earlier this year on the Green. Dealing was going on The NH Green long before K2, but it took that incident for something to happen. Opioids are being dealt openly on Church Street now in front of 45-55 Church every day. Will it take a death in the bus stop there to act to clean up that corner? Disgusting bus stops that wouldn’t last one day in front of the Apple Store are regularly used as open air markets for illegal dealings of all sorts. And yet this bus stop has been a disgusting eyesore for going on 2-3 years and it is still there at the gateway to downtown. Bienvenue to New Haven. Need an opioid? Maybe a video posted online will get the ball rolling on this one. Resources for any type of public improvements are at a nadir and we wonder why all things take so long to fix! P.I.L.O.T. reduced to 35-40% reimbursement. Resources!? What resources? New Haveners have become normalized to the lack of public investment. We are excited by any Federal Money Source for any project because we have no money of our own to invest. The system is broken and unsustainable. A better system is long overdue.

posted by: Kevin McCarthy on August 2, 2019 1:54pm 3/5ths, D.C. is unique in that it is a city that functions like a state. In CT, to make the changes you suggest would require state legislation. I staffed the Transportation Committee of the CT legislature for ten years. Unless things have changed substantially since I left, I doubt such a bill would pass. Among other things, dirt bikes and ATVs typically don’t have turn signals or brake lights that meet the requirements of CGS Sec. 14-96r. That is part of the reason they are not allowed on the roads.

posted by: Dennis Serf on August 2, 2019 4:09pm Anyone interested in seeing a video of the full meeting can view it at the link below https://www.facebook.com/ournewhaven.org/

posted by: challenge on August 2, 2019 7:56pm I just love how community policing operates in the city. I wish the chief and his wannabe legislators focused on unsolved crime in the city. Next they will be trying to regulate scooters, skateboards and tricycles. It’s all about the money and accommodating a select few in the community.

posted by: pd093 on August 2, 2019 8:40pm The City of New Haven has difficulty hiring and retaining officers. Calls for service are dispatched ( “Triage”) based on the level of seriousness. These dirt bike issues are a huge nuisance and deserve attention. But, the officers can’t or shouldn’t engage them in high speed pursuit. How can the NHPD, with those staffing issues, reasonably handle this problem? The courts are not going to jail these riders. The riders are not going to pay the fines. With enough resources, and the proper laws, the NHPD could track down and seize these illegal dirt bikes and ATVs. Policing is a tough job. Good luck and stay safe.

posted by: NHRavens on August 4, 2019 11:24am This is great…big step in the right direction. Now if we can only do something about all the burglaries and home invasions, maybe residents won’t need to live in fear and can enjoy what should be a wonderful city!