Hampton council briefed on ordinance to seize unlawfully operated ATVs and dirt bikes

Senior Deputy City Attorney Brandy Law told Hampton City Council on an afternoon agenda that staff will return a proposed ordinance to allow seizure, impoundment and forfeiture of unlawfully operated all-terrain vehicles (ATVs) and off‑road motorcycles for formal adoption at a future meeting.

The ordinance would embed authority the General Assembly granted the city in 2024 into city code, Law said. "In Hampton, in particular, between 2022 2023, HPD saw a 140% increase in calls for service relating to these types of vehicles," she said, adding that police had recorded about 60 calls through the end of September this year tied to speeding or reckless driving by these vehicles.

Law outlined how Virginia code defines both vehicle types and the operational limits: ATVs generally may not be operated on public highways except to cross, while off‑road motorcycles (dirt bikes) can be made street‑legal if titled, registered and fitted with required equipment. She warned enforcement is difficult because many vehicles lack registration and license plates, leaving officers without tag numbers to identify owners.

Under the proposal, police could seize and impound vehicles lawfully suspected of being unlawfully operated within city limits. "Forfeiture proceedings may be initiated by the City Attorney's Office, in accordance with Virginia forfeiture law," Law said. The city attorney would file a petition in circuit court and serve it on the property owner; the owner would have 30 days to respond. She said forfeiture actions are stayed while any related criminal charge is pending, and forfeited property may be sold at public auction or retained for use by HPD at the chief's discretion.

Council members asked how enforcement would work in practice. Councilman Brown confirmed with staff that off‑road motorcycles operating on public streets need title and tags and that speeding would be treated as a moving violation. Brown asked whether officers would warn riders before seizing vehicles; staff said impoundment decisions would be at officer discretion. Vice Mayor Gray sought clarification about differences between three‑ or four‑wheel ATVs and two‑wheel off‑road motorcycles for street operation; staff said state code treats the vehicle types differently.

Mayor Tuck said the item will be returned to council for action at the next meeting, giving members time to review the draft ordinance and enforcement procedures.