(a) Prohibition. The riding, operation or other use of all-terrain vehicles (ATVs), as defined in Section 301.011 of this Traffic Code, for transportation or recreational purposes, within or upon the streets, alleys, sidewalks, parking lots, and any realty owned, leased or controlled by the City, or any of its boards, authorities, or commissions within the corporate limits of the City is prohibited.
(b) Penalties.
(1) Any violation of subsection (a) hereof shall constitute the commission of a misdemeanor criminal offense, and the Police Department of the City, or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of the City, is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of subsection (a) hereof, jurisdiction thereof being in the Police Court of the City.
(2) Any person adjudged guilty and convicted of a first offense established hereunder by the Police Court shall be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00), plus all Court costs.
(3) Any person adjudged guilty and convicted of a second or further offense established hereunder by the Police Court shall be fined not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), plus all Court costs.
(c) Limitations and Exceptions.
(1) Notwithstanding any other provision of this section, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia to lawfully ride or operate any such all-terrain vehicle (ATV) upon any private property or upon any governmental-owned realty not owned or controlled by the City, or any of its boards, authorities or commissions located within the corporate limits of the City.
(2) Notwithstanding any other provision of this section, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia to ride, operate or otherwise use an all-terrain vehicle (ATV) upon a designated parade route or in conjunction with other activities sponsored, supported or approved by the City when such person is a duly registered and recognized participant in any such properly permitted parade or sponsored, supported or approved activity, provided that such all-terrain vehicle (ATV) riding or operation occurs in conjunction with said parade or sponsored, supported or approved activity.
(3) Notwithstanding any other provision of this section, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia to ride, operate or otherwise use an all-terrain vehicle (ATV) upon property otherwise restricted from such use when the City has declared a municipal emergency and has authorized the person operating the all-terrain vehicle (ATV) to participate in efforts to alleviate the conditions creating the municipal emergency through the issuance of a permit by the City Manager or his designee.
(4) Notwithstanding any other provision of this section, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia to ride, operate or otherwise use an all-terrain vehicle (ATV) as prohibited by this section if said use of said all-terrain vehicle (ATV) is in conjunction with the use of an attached blade or other attached mechanical means for the purpose of plowing snow.
(5) The Federal Government, the State of West Virginia and its political subdivisions are exempt from the prohibitions contained herein when any such all-terrain vehicle (ATV) is used for government purposes.
(d) Use Requirements. The person operating an all-terrain vehicle (ATV) pursuant to subsection (c) hereof shall insure that a helmet, which meets the performance specifications defined in West Virginia Code 17C-15-44(a), as amended, is worn while riding the all-terrain vehicle (ATV); the all-terrain vehicle (ATV) has functioning headlights and brake lights; the all- terrain vehicle (ATV) yields to all pedestrians and traffic; and the all-terrain vehicle (ATV) and the person operating the same are covered by a policy of insurance with minimum coverage limits of twenty thousand dollars ($20,000) because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of forty thousand dollars ($40,000) because of bodily injury to or death of two or more persons in any one accident, and in the amount of ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one accident.
(e) Miscellaneous.
(1) Nothing contained in this section is intended, nor shall be construed so as to create or form the basis for any civil or administrative liability whatsoever on the part of the City, or any of its officers, officials, employees or agents for any injury or damage resulting to any person as a consequence of any action or inaction on the part of the City related in any manner to the enforcement or non-enforcement of this section by the City’s officers, officials, employees or agents.
(2) The parent or guardian of any person not having attained the age of eighteen years of age shall not authorize or knowingly permit any such minor to violate any provision within this section. Any such authorization or knowingly permitting any such minor to violate the provisions of this section shall constitute a separate criminal violation hereof and shall subject such parent or guardian to the criminal penalties set forth in this section. The citing of any parent or guardian pursuant to this paragraph shall not be reason to prohibit the police officer from also citing the driver of said all- terrain vehicle (ATV).
(3) The provisions of this section are severable and in the event any provision or part hereof shall be held invalid for any reason by any Court exercising competent jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions of this section not specifically held invalid. It is hereby declared to be the intent of the City that this section would have been adopted if any such invalid provision or part hereof had not been included herein.
(Ord. 03-8. Passed 4-17-03.)