As used in this article:
(a) “Unauthorized operation” means the operation of any off-road or all-terrain vehicle upon the streets, alleys, sidewalks, thoroughfares, rights of way, parking lots, and any realty owned, leased or controlled by the Village, or any of its boards, agencies, authorities or commissions within the corporate limits of the Village or any properties owned, leased or controlled by the State of West Virginia or any of its political subdivisions, or the Village Parks and Recreation District.
(b) “All-terrain vehicle” means an engine-driven device which has a net weight of six hundred pounds or less, which has a width of forty-six inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on three or more low-pressure tires. A low pressure tire is a tire which has a maximum diameter of twelve inches and which is designed to be inflated with an operating pressure not to exceed six pounds per square inch as recommended by the manufacturer.
(c) “Off-road vehicle” means a motor driven recreation vehicle capable of cross- country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. “Off-road vehicle” includes, but is not limited to, a multi-track or multi-wheel vehicle, an all terrain vehicle, a “dirt bike” motorcycle or related two-wheel, three-wheel or four-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than physical human exertion or wind. “Off-road vehicle” also includes any motor vehicle, which given its design and intended purpose, is not capable of licensure for use on public streets, roads and thoroughfares by the West Virginia Department of Motor Vehicles. It does not include a vehicle, regardless of nature, used for governmental, military, fire, emergency or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in the performance of its common function, or a registered aircraft.
(d) “Corporate limits” means the entire geographic area, whether publicly or privately owned, that encompasses the Village.
(e) “Operation” means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it into motion.
(Ord. 2008-01. Passed 6-17-08.)