355.04 ALLOWABLE USE.
   An all-terrain vehicle (ATV) shall be permitted within or upon the public streets, roads, alleys, ways and crosswalks within the corporate limits of the City of Mannington between the hours of 5:00 a.m. and 11:00 p.m., Eastern standard time, provided that:
   (a)   The ATV is equipped with taillights and headlights in proper working order and that the same are illuminated at all times while on the public streets.
   (b)   The ATV is equipped with brake lights in working order;
   (c)   The owner of the ATV shall be financially responsible and shall maintain liability insurance on the ATV in the minimum amount set forth in West Virginia Code 17D-4-2:
   (d)   The operator of said ATV must hold a valid general operator's license, pursuant to West Virginia Code 17B-2-1, and an ATV permit issued by the City of Mannington at a cost of thirty dollars ($30.00) annually to be paid by the owner/owners of said recreational vehicle. Such permit must be displayed on the front of the ATV.
   (e)   Any operator or passenger under the age of eighteen (18) years of age must wear size appropriate protective helmet that meets the current performance specifications established by the American Standard Institute standard, z-90.1, and United States Department of Transportation federal motor vehicle safety standard no.218 or Snell safety standards for protective headgear for vehicle users.
   (f)   Any ATV carrying a passenger, other than the operator of the ATV, must be properly designed and equipped with a "buddy seat" if the manufacturing standards for said ATV allow and intend for a passenger, in addition to the operator, to ride upon said ATV. However, in no event shall more than two persons be seated or saddled upon an ATV while being operated on public roads.
   (g)   An ATV carrying a passenger under the age of eighteen must be operated by an individual eighteen years of age or older.
      (Ord. 444. Passed 7-29-19.)