347.04  VEHICLES CARRYING LOOSE MATERIALS.
(a)   Definitions.
      (1)    "Loose Materials" as used in this article shall include, but not be limited to dirt, sand, gravel, wet or dry concrete, wood chips, or other materials that can blow, fall, or spill from a vehicle as a result of movement or exposure to air, wind, or weather.
      (2)    "Non-Commercial", as used in this article, shall refer to trucks which are not regularly used in a trade or business.
      (3)    "Vehicle" as used in this article shall include any motor vehicle and any trailer or attachment thereto. 
   (b)    Applicability.  The provisions of this section shall not  apply to the following, which are, nonetheless, subject to the provisions of State law, including the requirements of West Virginia Code § 17C-17-6 as incorporated into the provisions of this section:
      (1)    Vehicles while traveling upon the Route 340 Bypass controlled access highway;
      (2)    Farm vehicles engaged in the hauling of farm products or materials related to farming; 
      (3)    Non-commercial pick-up trucks of a load capacity rating of 3/4 ton or less while used for non-commercial purposes; 
      (4)    Vehicles owned by the City of Charles Town when engaged in door to door pick ups prior to completing a load for final transportation to the dump site and vehicles lawfully engaged in the maintenance or improvement of the City streets or City property prior to completing a load for final transportation from the work site.
   (c)    Violations.
      (1)   No vehicle or combination of vehicles shall be operated on any street or highway unless such vehicle or combination of vehicles is so constructed or loaded as to prevent any of its loads from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
      (2)    No person shall operate on any street or highway any vehicle or combination of vehicles with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the street or highway.
      (3)    In addition to the requirements of West Virginia Code §17C-17-6 as incorporated into the provisions of this ordinance, no person may operate any vehicle upon any street or alley within the City containing Loose Materials unless the bed of such vehicle shall be fully enclosed: 
         A.   On both sides, by sideboards or panels;
         B.   On the front, by a board or panel;
         C.   On the rear, by a tailgate, board or panel;
         D.   On the top by a permanent covering or firmly secured canvas or other similar type covering which is effectively designed to and which does effectively prevent the escape of material from such vehicle.
         E.   In the case of a truck transporting concrete products, so as to prevent the discharge of product from said truck and/or its chute.
      (4)    It shall be a violation of this section for any person to operate any vehicle upon any street or alley within the City which has been improperly loaded or maintained such that loose materials are present on said vehicle outside of the contained bed or hauling enclosure. Examples of violations under this subsection are gravels or other loose materials on the exterior frame of dump trucks, tailgates of truck beds containing loose materials which are partially open and concrete left in the chute of dump trucks after unloading.
   (d)    Penalties.  Any person who shall operate a vehicle in violation of this section shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100.00) nor  more than five hundred dollars ($500.00). 
      (1)   No vehicle or combination of vehicles shall be operated on any street or highway  unless such vehicle or combination of vehicles is so constructed or loaded as to  prevent any of its loads from dropping, sifting, leaking, or otherwise escaping  therefrom, except that sand may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
      (2)    No person shall operate on any street or highway any vehicle or  combination of vehicles with any load unless such load and any covering  thereon is securely fastened so as to prevent such covering or load from  becoming loose, detached or in any manner a hazard to other users of the  street or highway.
         (Ord. 04-16.  Passed 7-6-04.)