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Council reviews ATV, dirt-bike ordinance draft that would allow impoundment, forfeiture in criminal cases

3587147 · April 9, 2025

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Summary

City staff presented a draft ATV and dirt-bike ordinance that would mirror state law, authorize impoundment and permit courts to order forfeiture or destruction of vehicles after criminal convictions; council held a first reading and the ordinance will return for a vote at the next meeting.

City staff presented a draft ordinance on April 8 that would make violations of the state ATV statute also violations of Hopewell’s local code, allow law enforcement to impound ATVs and dirt bikes under certain circumstances and permit courts to order forfeiture or destruction of vehicles following criminal convictions.

City Attorney Bassett explained the draft to council: “Number 1, it would make the violation of the state code also a violation of our local ordinance here. It would also allow the police ... to impound and ... forfeit ATVs that are taken in violation of that ordinance.” He told council the ordinance also makes explicit that, in cases where a person flees and a criminal prosecution follows, police and the commonwealth’s attorney can ask the court to order destruction of the vehicle as part of a conviction.

Bassett told council that in routine civil enforcement — where a driver stops and complies with police — the driver would typically receive a civil ticket that can be up to $500 and would not automatically face impoundment. “If the driver decided to flee, then the ATV would be impounded as a matter of course and at the end of a criminal prosecution judicial order,” he said.

A councilor raised a question about attaching penalties to the person rather than the vehicle and whether repeat offenders could prompt impoundment even in nonfleeing situations. Bassett said police could seek impoundment in cases involving repeat offenders and that automatic forfeiture or destruction would be reserved for cases that include flight and related criminal prosecution.

The item was taken as a first reading; Bassett said the ordinance will be presented to council for a vote at the next meeting. No final action was taken at the April 8 meeting.