(a) Any violation of the regulations set forth in this article shall constitute the commission of a misdemeanor offense, and the Police Department for the City of Mannington, or any other law enforcement of any other policing agency exercising proper jurisdiction within the corporate limits of the City of Mannington, is hereby authorized and empowered to issue a citation and to charge any persons who violates the regulations contained in this article, jurisdiction thereof being in the Municipal Court for the City of Mannington.
(b) Except as provided in the provisions of subsection (c) of this and in addition to any other legal remedy for violation of civil or criminal provisions, any person who violates the provisions of this article or who owns or has control over an all-terrain vehicle or other motorized recreational apparatus and knowingly permits it to be used in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00).
(c) Any parent, legal guardian or person who has actual responsibility for a child under eighteen (18) years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of this article is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than one hundred dollars ($100.00) or not more than ten (10) hours of community service, or both;
(2) For a second offense, a fine not less than two hundred dollars ($200.00) or not more than (20) hours of community service, or both;
(3) For a third and subsequent offense, a fine of not less than five hundred dollars ($500.00) or not more than one hundred (100) hours of community service, or both and revocation of permit;
(4) Serious offenses, i.e. reckless driving or DUI, while operating an ATV in town, is grounds for an automatic revocation of ATV permit.
(Ord. 444. Passed 7-29-19.)