(a) Purpose.
(1) Council finds that is has become increasingly commonplace for persons to operate unlicensed recreational use vehicles known as “four wheelers” or “all terrain vehicles” (“ATV’s”), upon the streets of Charles Town. State law defines these vehicles as “recreational vehicles”. See West Virginia Code Section 17A-1-1(nn). They are designed only for off road use, and some, if not all, of the manufacturers of ATV’s warn against operating them on hard surfaces whether utilizing two wheel drive or four wheel drive. These vehicles may not meet emissions standards, safety standards or noise level standards applicable to licensed four wheel vehicles which are designed for street and highway use. ATV’s are currently not required to be licensed by the State of West Virginia. See West Virginia Code 17A-3- 2(6).
(2) Council finds that the operation of ATV’s upon the streets of Charles Town poses a safety hazard to their operators, any passengers adventurously riding on them, and to others on the streets. Council further finds that the operation of ATV’s on the City streets creates nuisance conditions jeopardizing the health, safety and welfare of its citizens.
(b) Definitions. For purposes of this section an “all terrain vehicle” (“ATV”) shall mean any motor vehicle designed for off-highway use and designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator and handlebars for steering control.
(c) Prohibition. It shall be unlawful for any person to operate an all-terrain vehicle (“ATV”), upon any street or sidewalk or alleyway in Charles Town.
Editor’s Note: The penalty provisions of Section 349.99 apply, providing for first offense $100 fine, second offense in same year $200, and subsequent offense $500 fine.
(Ord. 02-25. Passed 8-19-02.)