#Middlebury #Ordinances
By MARJORIE NEEDHAM
The Middlebury Board of Selectmen on February 22, 2022, unanimously approved enacting two new town ordinances. One is “Payment of Taxes on Motor Vehicles Registered in Another State.” The other is “Unlawful Operation of Motorized Recreational Vehicles & Sales and Fueling Regulation Ordinance.” The full text of each ordinance can be seen here or on page 6 of the March 2022 issue of the Bee-Intelligencer.
Motor Vehicle Ordinance
One effect of the pandemic is people have been relocating to less densely populated areas. Middlebury has seen its share of new folks move to town, and town officials have been getting complaints that new residents are leaving their vehicles registered in their former states.
Middlebury Assessor Chris Kelsey said the number of vehicles in Middlebury registered in other states has increased since the pandemic began. “It’s definitely been worse since COVID,” he said.
He estimated 50 to 100 cars in town ought to be registered here. The town loses revenue on each of these vehicles. Kelsey said if you take an average of $300 in motor vehicle tax per vehicle, the vehicles registered elsewhere could easily represent $15,000 to $25,000 in lost revenue for the town.
The ordinance addresses the issue by imposing a fine of $250 payable to the town of Middlebury on owners of motor vehicles and snowmobiles not properly registered here. This is in addition to any state penalties, and any back taxes plus interest and penalties on the vehicle also would be due.
The ordinance includes an appeal process for a vehicle owner who receives a citation for violating it.
A related issue has left vehicle owners wondering what will happen to their motor vehicle taxes due July 1, 2022. Due to pandemic shortages, vehicle values have risen dramatically. The motor vehicle portion of the grand list for October 1, 2021, rose 30.3%. Kelsey said individual increases will vary from vehicle to vehicle, but he noted the greatest value increase was in motor homes and travel trailers. He said assessments are based on NADA values.
Gov. Ned Lamont earlier this month announced a tax reduction plan that included dropping the maximum mil rate towns could impose on motor vehicles to 29 mils from 45 mils. Towns that would lose revenue as a result would be reimbursed for their losses. Based on Middlebury’s 2021 mil rate of 34.83, Middlebury would be reimbursed $500,958 by the state.
Kelsey cautioned that this reduction is proposed, not yet approved. Furthermore, he said the reduction, if it is approved, would be based on the 2023 grand list, so any benefit to taxpayers would not be seen until the 2024-2025 fiscal year.
Motorized Recreational Vehicles
This ordinance was created in response to groups of unregistered vehicles flooding public roads. Most of us have seen videos of these vehicles basically terrorizing drivers and residents in other towns, but it has happened here, too. In July last year, a Middlebury resident posted on Facebook that they watched as no fewer than 20 to 30 quads, dirt bikes, racing bikes and souped-up cars drove down Straits Turnpike at a high rate of speed, weaving in and out of traffic and doing wheelies and other reckless maneuvers.
The ordinance provides law enforcement with two ways to address the issue. One is it makes it unlawful for operators of vehicles defined in the ordinance to operate their vehicles on town streets or sidewalks or any public property in town. It also makes it unlawful to be a passenger in these vehicles, and it makes it unlawful to operate these vehicles on private property in town without first obtaining written permission from the owner.
Fines for operators are $1,000 for a first violation, $1,500 for a second violation, and $2,000 for a third or subsequent violation. Fines for passengers are $250. In addition, the vehicles may be seized and forfeited to the town.
The ordinance also requires a motorized recreational vehicle dealer to post the ordinance. Those who do not can be fined $100.
The second way the ordinance addresses the issue is in Section 7 – Sale of Gasoline for Illegal Purposes. It prohibits gas stations from selling gasoline for use in any motorized recreational vehicle as defined in the ordinance. It also requires signs be posted that say the sale is prohibited. Anyone who violates the ordinance can be fined $100 per occurrence.
