Hampton looks to crack down on illegal ATV, dirt bike use — and may allow police to seize vehicles

Hampton wants to crack down on illegal use of all-terrain vehicles (ATVs) and dirt bikes, and City Council is considering an ordinance that would allow police to seize such vehicles.

The council discussed the matter Wednesday. Senior Deputy City Attorney Brandi Law said between 2022 and ’23, Hampton police saw a 140% increase in calls for service relating to these types of vehicles.

“Riders often recklessly speed or race, perform wheelies or other unsafe acrobatics, block roadways or parking lots and trespass on private property,” Law said.

She said while the number of calls is somewhat down this year, these offenses continue to be elevated, with 60 calls for service as of September.

Law said it’s challenging for police officers to enforce traffic laws against these vehicles because they aren’t typically registered, and there’s no tag license plate number for the police officers to run. So unless police catch the person, they don’t know who owns it. She said pursuing the riders to try to catch them is “very dangerous” and increases the risk of property damage and personal injury. Furthermore, when police managed to catch reckless drivers, they found that traffic tickets and fines were not successful deterrents.

She told the council riders can’t operate ATVs on any public highway or other public property except when necessary to cross a public highway. ATVs also can’t be operated on another person’s property without the property owner’s written consent.

Off-road motorcycles can’t operate on private property without the owner’s consent. Law said if the dirt bikes are operated on public highways, they must have proper titling, registration, and insurance and then meet all the same requirements as motorcycles for headlights, taillights, turn signals, horns, mufflers, rearview mirrors, tire treads, and braking systems.

The General Assembly passed legislation just before spring allowing city governments to give police authority to seize ATVs or off-road motorcycles illegally operating on a highway or sidewalk. Hampton had advocated for the legislation, believing the authority to seize and dispose of the vehicles would be a better deterrent than ticketing.

The proposed ordinance discussed Wednesday would allow police to seize a vehicle and allow the City Attorney’s office to initiate forfeiture proceedings.

If the driver is not convicted of a traffic or criminal prosecution, the police will return the vehicle. But if the driver is convicted, Law said the court has to hold a hearing, and it will be the city’s burden to prove “by clear and convincing evidence” that the property was used in violation of the law.

Forfeited vehicles would either be sold at public auction or retained for use by the police department.

Some council members wondered if police would give warnings for a first offense, and Law said it would be up to the officer’s discretion.

City Manager Mary Bunting said the matter will be brought back before the council for a vote at its next regular meeting.

Josh Janney, joshua.janney@virginiamedia.com