(a) Definitions. For the purpose of this section the terms"Special Purpose
Vehicles;" Street-Legal Special Purpose Vehicle and other motorized apparatus shall be ascribed the following meanings:
(1) Special Purpose Vehicle means a special purpose vehicle as defined by West Virginia Code §17A-13-(b)(l), which definition is incorporated herein by reference as if fully set out verbatim;
(2) Street-Legal Special Purpose Vehicle means a special purpose vehicle that meets all of the requirements and limitations set forth in West Virginia Code §17A-13-1 as defined in West Virginia Code §17A-3-(b)(2), which definition is incorporated herein by reference as if fully set out verbatim.
(3) Other motorized apparatus means all other motorized apparatus designed for and used primarily for recreational purposes, including but not limited to go-cart, golf cart; unregistered off road motorized dirt bike; whether two or three wheeled; and snow mobile as defined by West Virginia Code §17A-1-1(mm),
(b) Prohibition.
(1) No person shall operate, ride upon or use any Special Purpose Vehicle or other motorized apparatus for transportation, recreational purposes, or any other purpose within or upon the public streets, roads, alleys, ways, sidewalks and crosswalks or upon any other real property, which is publicly owned, leased or controlled within the corporate limits of the City of Fairmont.
(2) No person shall knowingly permit another person to operate, ride upon or use any Special Purpose Vehicle or other motorized apparatus for transportation, recreational purposes, or any other purpose within or upon the public streets, roads, alleys, ways sidewalks and crosswalks or upon any other real property, which is publicly owned, leased or controlled within the corporate limits of the City of Fairmont.
(3) A parent, custodian or guardian of a minor commits an offense hereunder if said parent, custodian or guardian knowingly permits or by insufficient control allows said minor to operate, ride upon, or use any Special Purpose Vehicle or other motorized apparatus for transportation, recreational purposes, or any other purpose within or upon the public streets, roads, alleys, ways sidewalks and crosswalks or upon any other real property, which is publicly owned, leased or controlled within the corporate limits of the City of Fairmont. The term "knowingly" includes knowledge that the parent, custodian or guardian should reasonably be expected to have concerning the whereabouts of said minor in his or her custody. This requirement is intended to hold a neglectful or careless parent, custodian or guardian up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that the parent, custodian or guardian was completely indifferent to the activities and conduct of such minor.
(4) Except as otherwise prohibited by West Virginia Code §17A-13-1 which prohibitions are incorporated herein by reference as if fully set out verbatim, nothing herein shall limit or preclude or be construed to limit or preclude the lawful operation, riding or use of a Street-legal Special Purpose Vehicle within or upon the public streets, roads, alleys, and ways within the corporate limits of the City of Fairmont.
(5) Notwithstanding the provisions of subsection (b)(4) nothing herein shall be construed to permit the operation, riding or use of a Street-legal Special Purpose Vehicle upon the sidewalks or upon any other real property publicly owned, leased or controlled within the corporate limits of the City of Fairmont, without the express written permission of the owner.
(c) Penalty.
(1) Any violation of the prohibitions contained in this section shall constitute the commission of a misdemeanor offense, and the Police Department for the City of Fairmont, or any other law enforcement officer of any other policing agency exercising proper jurisdiction within the corporate limits of the City of Fairmont, is hereby authorized and empowered to issue a citation and to charge any person who violates the prohibitions contained in this section, jurisdiction thereof being in the Municipal Court for the City of Fairmont.
(2) A person convicted of violating the prohibitions contained in this section shall be punished as follows:
A. First offense conviction. Any person convicted of a first offense shall be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00) together with all applicable court costs;
B. Second offense conviction. Any person convicted of a second offense shall be fined not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) together with all applicable court costs;
C. Third offense conviction. Any person convicted of a third or subsequent offense shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) together with all applicable court costs.
(d) Exceptions. Notwithstanding any other provision of this section, it shall not be an offense for any person to use, ride, or operate a Special Purpose Vehicle or other motorized apparatus within the corporate limits of the City of Fairmont as follows:
(1) Upon a designated parade route, when such person or persons is a duly registered and recognized participant in a parade which has been duly permitted by the City of Fairmont in accordance with the provisions of Section 311.02 of this Code;
(2) Upon private property;
(3) Upon property otherwise restricted as to such use, when such person or persons are participants in a duly organized exhibition or competition which has been duly permitted by the City of Fairmont in accordance with the provisions of Section 311.02 of this Code;
(4) In a natural disaster, emergency or in a situation requiring immediate action so as to prevent death or serious bodily injury or property damage; or
(5) In the performance and furtherance of their duties, by the employees of the City of Fairmont's Department of Public Works, Utilities or Departments of Public Safety, including Police and Fire.
(e) Disclaimer. Nothing contained herein is intended to nor shall it be construed so as to create or form the basis for any civil or administrative liability whatsoever on the part of the City of Fairmont, or any of its officers, agents, insurers, for any injury or damage sustained by any person whomsoever as a consequence of any action or inaction on the part of the City of Fairmont as related in any manner to the enforcement or nonenforcement of the provisions of this section.
(f) Severability. In any portion of this section, or its application to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this section. City Council hereby declares that it would have enacted the remaining portions regardless of whether any part of this section is declared unconstitutional or invalid.
(Ord. 1901. Passed 6-8-21.)