(a) The riding, operation, or other use of all-terrain vehicles and “street legal special purpose vehicles” as defined by W. Va. Code §17A-13-1 for transportation or recreational purposes, within or upon the street, alleys, sidewalks, parking lots, and other governmentally-owned, leased or controlled property situate within the corporate limits of the City of Martinsburg is prohibited.
(b) Any violation of subsection (a) hereof, constitutes the commission of a misdemeanor criminal offense, and the police department of the City of Martinsburg, or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of the City of Martinsburg, is hereby authorized and empowered to issue a citation and to charge any person who commits a violation of subsection (a) hereof, jurisdiction thereof being in the Municipal Court of the City of Martinsburg.
(c) Any person being convicted of a first offense established hereunder shall be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00), plus applicable courts costs.
(d) Any person convicted of a second offense established hereunder shall be fined not less than fifty dollars ($50.00), nor more than two hundred fifty dollars ($250.00), plus applicable court costs.
(e) Any person convicted of a third or further offense established hereunder shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), plus applicable court costs.
(Ord. 2020-18. Passed 11-12-20.)