333.02 DEFINITION OF PHRASE "IN THIS MUNICIPALITY"; PHRASES SYNONYMOUS WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL; VALIDATION OF WARRANTS AND INDICTMENTS.
   [See W.Va.Code §17C-5-2a for reference].
   (a)    For purposes of this section and Sections 333.12, 333.13, 333.14, and §17C-5A-1 et seq. of the W.Va. Code, the phrase "in this municipality" shall mean anywhere within the physical boundaries of this municipality, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel, but as used in §17C-5-2(e), §17C-5-2(f), §17C-5-2(g), §17C-5-2(h), §17C-5-2(i), §17C-5-2(j), and §17C-5-2(k) of the W.Va. Code, the term does not mean or include driving or operating a vehicle solely and exclusively on one's own property in an area not open to the use of the public for purposes of vehicular travel.
   (b)    When used in this code, the terms or phrases "driving under the influence of intoxicating liquor", "driving or operating a motor vehicle while intoxicated", "for any person who is under the influence of intoxicating liquor to drive any vehicle", or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol ... drives a vehicle" as the latter term or phrase is used in §17C-5-2 of the W.Va. Code.
   (c)    From and after the effective date of this section, a citation or warrant which charges or alleges an offense, prohibited by Section 333.01 of this Code, and which uses any of the terms or phrases set forth in subsection (b) of this section, shall not thereby be fatally defective if it otherwise informs the person so accused of the charges against said person.
(Ord. 12-15-20.)