§ 73.65 PROHIBITION OF OPERATION AND USE OF ALL-TERRAIN VEHICLES.
   (A) The riding, operation or other use of all-terrain vehicles for transportation or recreational purposes, within or upon the streets, alleys, sidewalks, parking lots and other governmentally-owned, leased or controlled property situated within the corporate limits of the city is prohibited.
   (B)   Notwithstanding any other provision of this section, it shall not be an offense for any person to lawfully ride, operate or otherwise use an all-terrain vehicle upon any private property located within the corporate limits of the city.
   (C)   Nothing contained within this section is intended to create, nor shall be construed as to create or form the basis for, any civil or administrative liability whatsoever on the part of the city, or any of it officers, employees or agents, for any injury or damage resulting to any person whomsoever as a consequence of any action or inaction on the part of the city, relating in any manner to the enforcement or non-enforcement of this section by the city’s officers, officials, employees or agents.
   (D)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      ALL-TERRAIN VEHICLE. As set forth in W.Va. Code § 17-A-1-1(ii).
(Ord. O2001-03, passed 6-21-2001) Penalty, see § 73.99