For the purpose of this article the term "motorized recreational apparatus" shall include the following:
(a) All-terrain vehicle" (ATV) means any motor vehicle, fifty-two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling on three or more low pressure tires with a seat designed to be straddled by the rider, designed for or capable of travel over unimproved terrain, or.as defined by West Virginia Code 17A-1(ii) or by West Virginia Code 17F-1-9;
(b) "Off-road vehicle" means a motor driven recreation vehicle capable of cross- country travel without the benefit of a road, on or immediately over land, snow, ice marsh, swampland, or other natural terrain. Off-road vehicle includes, but is not limited to, a multi-track or multi-wheel vehicle, a dirt bike, or related two-wheeled, three-wheeled or four-wheeled vehicle, a go-cart, golf-cart, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than physical human exertion or wind. Off-road vehicle also includes any motor vehicle, which given its design and intended purpose, is not capable of licensure for use on public streets, roads and thoroughfares by the West Virginia Department of Motor Vehicles.
(c) "Snowmobile" means the same as defined by West Virginia Code 17A-l-l(mm); or, given the City's terrain and climate, any other such motorized apparatus which would appear to be used for the principle purpose of recreation and not for the general transportation of persons or goods.
(d) “Motorized recreational apparatus" does not however include a vehicle, regardless of nature, used for and by governmental, military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company, or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in the performance of its common function, a registered aircraft, or a motorized wheelchair, and the same are not prohibited by this article.
(Passed 12-2-14.)