Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 21, Motor Vehicles and Traffic, to Create Article XI, Entitled, “All-Terrain Vehicles and Off-Road Motorcycles,” to Provide for the Lawful Seizure, Impounding, and Disposition of Unlawfully Operated All-Terrain Vehicles or Off-Road Motorcycles.
Purpose
PURPOSE/BACKGROUND:
Between 2022 and 2023, the Hampton Police Division saw a 140 percent increase in calls for service relating to All-Terrain Vehicles ("ATVs") and Off-Road Motorcycles, otherwise known as dirt bikes, operating in a reckless manner in public spaces, often involving groups of riders. Although somewhat down in 2024, these types of offenses continue to be elevated, with 60 calls for service for speeding or reckless driving by these vehicles so far. Riders often recklessly speed, perform wheelies or other unsafe acrobatics, block roadways, and trespass on private property (parking lots). This behavior creates a dangerous environment for citizens, public safety personnel, and the riders themselves. Unregistered ATVs and Off-Road Motorcycles prevent investigative efforts for law enforcement in tracking ownership and potential violators. Pursuits of vehicles that are clearly more agile increases risk of property damage and personal injury. Traffic tickets alone have not been a successful deterrent. At Hampton’s request, the 2024 General Assembly enacted legislation which gives the governing body of any city the ability to, by ordinance, provide for the lawful seizure, impounding, and disposition of an ATV or Off-Road Motorcycle unlawfully operated within the boundaries of such city. The proposed ordinance that provides for the seizure, impoundment forfeiture of an unlawfully operated ATV or Off-Road Motorcycle by any law-enforcement officer charging someone with such unlawful operation.
Recommendation:
Rec
Approve of the Ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Sections 21-236, 21-237, and 21-238 of Article XI, Chapter 21 of the City Code of the City of Hampton, Virginia be adopted to read as follows:
Chapter 21 - MOTOR VEHICLES AND TRAFFIC
. . .
ARTICLE XI. - ALL-TERRAIN VEHICLES AND OFF-ROAD MOTORCYCLES
Sec. 21-236. - Impoundment.
Any law-enforcement officer who charges any person with operating an all-terrain vehicle or off-road motorcycle in an unlawful manner on a street, highway, sidewalk, or other public way within the city, may seize and impound the unlawfully operated all-terrain vehicle or off-road motorcycle pending disposition of the case or a final court order regarding forfeiture.
State Law reference - Similar provisions, Code of Virginia, § 46.2-915.1; definitions of all-terrain vehicle and off-road motorcycle, Code of Virginia § 46.2-100.
Sec. 21-237. - Forfeiture.
(a) Any all-terrain vehicle or off-road motorcycle operated in an unlawful manner on a street, highway, sidewalk, or other public way within the city that is lawfully seized and impounded pursuant to Sec. 21-236 or that lawfully comes into such officer’s custody shall be subject to forfeiture to the city.
(b) The city attorney or their designee may institute forfeiture proceedings in the name of the city using the procedures prescribed for forfeiture proceedings by the Commonwealth contained in Virginia Code § 19.2-386.1 et seq.
Cross reference - Charter Sec. 2.01(c).
State Law reference - Similar provisions, Code of Virginia, § 46.2-915.1; definitions of all-terrain vehicle and off-road motorcycle, Code of Virginia § 46.2-100; commencing an action of forfeiture, Code of Virginia § 19.2-386.1.
Sec. 21-238. - Disposition of Forfeited Property.
(a) All property forfeited pursuant to Sec.21-237 may be sold at public auction or retained for use by the police division at the discretion of the chief of police or their designee.
(b) The city attorney or their designee shall pay from the proceeds of any public auction pursuant to this section, the cost of advertisement, storage, and any other costs incurred during forfeiture proceedings or said auction. The balance of the funds shall be deposited into the city’s general fund.
State Law reference - Similar provisions, Code of Virginia, § 46.2-915.1.