(a) No person shall operate, ride upon or use any motorized recreational apparatus or ATV for transportation or recreational 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 corporate limits of the City of Mannington, except as herein permitted.
(b) No person shall knowingly permit another person to operate, ride upon or use any motorized recreational apparatus or ATV for transportation or recreational purposes, 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 Mannington, except as herein permitted.
(c) A parent, custodian or guardian of a minor under the age of sixteen (16) years or a minor over the age of sixteen (16), but not holding or possessing a valid operator's license commits an offense hereunder if said parent, custodian or guardian knowingly permits or by insufficient control allows said minor to operate, or use an ATV or any other motorized recreational apparatus for transportation or recreational purposes, 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 Mannington. The term "knowingly” includes knowledge that the parent, custodian or guardian should reasonably be expected to have concern with 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 or guardian was completely indifferent to the activities or conduct of such minor. (Ord. 444. Passed 7-29-19.)