Not street legal: kids ticketed for motorized bikes

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By Heather Van Benthem

The Surveyor

Local father Joseph Henderson recently called the Surveyor to report that his son had been ticketed for having a motorized bike at school.

His son, a seventh grader at Turner Middle School, found a $100 ticket on his Ebox Dragster when he went to retrieve it from the bike rack after school. Henderson shared that when the family appeared for the initial summons, they encountered five other families whose children had also received similar tickets.

He said the prosecution confirmed that the other kids were there in the same circumstances and that the prosecutor thought these motorized bikes were in the same category as golf carts. Henderson commented that he sees golf carts around town in Berthoud all the time. “For me and my kids,” he stated, “I just want to know, where’s the line?”

In discussions with other families, he said that other kids had received warnings and tickets for riding what he termed electric motorized minibikes. He shared that his son is now asking to go to Longmont to ride with friends. “Berthoud kids are going to Longmont, just to ride their electric bikes?” Henderson asked in frustration. “I think it’s a real shame.”

The Surveyor cannot independently confirm the family’s claims. When reached for questions, Larimer County Sheriff’s Office Sergeant Justin Williamson responded that he cannot comment on an open case. He did, however, share additional information about what is and is not allowed per state law and town ordinances.

Gov. Jared Polis signed House Bill 21-1138 in 2021, which states, “It is unlawful to operate an off-highway vehicle on the public streets, roads, or highways of this state.”

Berthoud ordinance 17.19 reads, “The operation anywhere within the Town on any sidewalk or parking lot open to the public of any off-highway vehicle, motorbike, scooter, minibike or other such motorized vehicles not designed and equipped for operation on a public street or highway, is hereby declared and deemed a public nuisance, and it shall be unlawful for a person to cause or maintain such public nuisance.” There are a few specific exemptions, such as on private property with permission from the property owner or for agricultural purposes.

Williamson shared some examples of legal vehicle types, like some motor-driven cycles, such as seated scooters and road scooters without pedals, that are street legal and require a driver’s license. Off-highway vehicles, such as ATVs and non-dual sport dirt bikes, do not require a driver’s license, but they are not street legal. Others, like motorized skateboards, go-karts, electric trikes, stand-up electric or gas scooters and minibikes, also do not require a driver’s license but are not street legal.

Those who regularly peruse the police blotter in the Surveyor have likely read of issues between residents and kids engaged in unauthorized motorbike riding. Henderson’s son is “not the only child in Berthoud who’s received a ticket,” confirmed Williamson.

When asked about recent sightings of dirt bikes and side-by-sides being operated on public streets, Williamson responded, “All not legal.” Berthoud ordinance adds emphasis: “The operation of All-Terrain Vehicles (“ATVs”) and Utility Vehicles (“UTVs”) is prohibited on any public street, sidewalk, or right of way except for the purpose of removing snow from sidewalks, pathways or driveways. This prohibition shall not apply to ATV and UTV vehicles being utilized by Town employees for the maintenance of parks, trails or other Town-owned facilities.”

Golf carts are a different matter, though. Berthoud ordinance 17.20-6 provides for the limited operation of low-speed electric vehicles and golf carts. These types of vehicles are defined with specificity, as are their legal operation and limits in town.

For example, they must be properly registered and marked for safety, they can only be driven on certain streets and at certain speeds, they must have at least three wheels in contact with the ground and not use handlebars to steer.

Berthoud’s expansive bike park on the north side of town also does not allow motorized bikes. The rules state, “Non-motorized use only. No motorized vehicles of any kind including but not limited to throttle controlled bikes, dirt bikes, ATVs, scooters, and RC cars.”