(a)(1) No person shall:

(A) Operate an all-terrain vehicle or dirt bike on public property, including any public space in the District; or

(B) Park, stand, or stop an all-terrain vehicle or dirt bike on public property, including any public space in the District.

(2) Paragraph (1) of this subsection shall not apply to a person who is in the process of immediately loading an all-terrain vehicle or dirt bike in or on a vehicle, trailer, or other storage container for the purpose of transporting the all-terrain vehicle or dirt bike to another jurisdiction or to private property in the District.

(b) All-terrain vehicles or dirt bikes shall not be registered with the Department of Motor Vehicles.

(c) A person violating subsection (a)(1)(A) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 30 days, or both.

(d) In addition to the penalties described in subsection (c) of this section, a person who is convicted of violating subsection (a)(1)(A) of this section shall, upon a second or subsequent conviction for violating subsection (a)(1)(A) of this section, have his or her driver's license, or privilege to operate a motor vehicle in the District, suspended for one year from the date of conviction; provided, that the period of suspension shall toll during a period of incarceration.

(e) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia.

(f) An all-terrain vehicle or dirt bike operated in violation of this section shall be subject to forfeiture pursuant to the standards and procedures set forth in Chapter 3 of Title 41.

(Mar. 3, 1925, ch. 443, § 9b; as added Apr. 5, 2005, D.C. Law 15-289, § 2(d), 52 DCR 1446; Apr. 27, 2013, D.C. Law 19-266, § 102(d), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 271(b), 60 DCR 2064; Oct. 8, 2016, D.C. Law 21-155, § 607, 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 3(a), 65 DCR 1555.)

The 2013 amendment by D.C. Law 19-266 substituted “$250” for “$1,000” in (c).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1000 [$250]” in (c).

For temporary (90 day) amendment of section, see § 102(d) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of (c), see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 271(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.