(a) No person may operate a motor vehicle that is registered or required to be registered in this State on any public highway, road or street within the corporate limits of the City of Fairmont that has a sun screening device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this section.
(b) A sun screening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow or amber in color. A sun screening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.
(c) A sun screening device when used in conjunction with the automotive safety glazing materials of the side wings or side windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty percent and have a light transmission of not less than thirty-five percent. The side windows behind the driver and the rear most windows may have a sun screening device that is designed to be used on automotive safety glazing materials that has a light transmission of not less than thirty-five percent and a reflectivity of not more than twenty percent. If a sun screening device is used on glazing behind the driver, one right and one left outside rear view mirror is required.
(d) No person may:
(1) Offer for sale or for use any sun screening product or material for motor vehicle use not in compliance with this section; or
(2) Install any sun screening product or material on vehicles intended for use on public roads within the corporate limits of this City without permanently affixing the label required by West Virginia Code §17C-15- 36a(d).
(e) The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person’s legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sun screening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person’s legal guardian, at all times while being transported in the motor vehicle.
(f) The light transmittance equipment requirement of this section does not apply to windows behind the driver on trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles.
(g) As used in this section, the term “bus”, “light transmission”, “luminous reflectants”, “manufacture”, “motor homes”, “multipurpose passenger vehicle”, “nonreflective”, “passenger car”, “sun screening device”, and “truck” shall have the meanings assigned to them by West Virginia Code §17C-15-36a(h)(1) through (10), inclusive.
(h) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars ($200.00).
(Ord. 1234. Passed 7-8-03.)