Section
General Provisions
70.001 Definitions
70.002 General authority of Police Chief
70.003 Authority of Chief to install traffic control devices
Traffic Violations
70.015 Jurisdiction of Municipal Court
70.016 Arrest or appearance in answer to charge of violation
70.017 Employees without authority to excuse fines or posting of bonds
70.018 When bond for double the amount of fine required
70.019 Failure to obey notice or condition of bond
70.020 Disposition of fines and forfeitures
Accidents
70.035 Accidents involving death or personal injuries
70.036 Accidents involving damage to vehicle
70.037 Duty to give information and render aid
70.038 Collision with unattended vehicle
70.039 Collision with fixtures upon a street or highway
70.040 Immediate reports of accidents
70.041 When driver unable to report
70.042 Garages to report bullet damage
Driving Under the Influence; Reckless Driving;
Use of Electronic Communications Devices
Use of Electronic Communications Devices
70.055 Driving under the influence
70.056 Reckless driving
70.057 Hazardous driving
70.058 Prohibited use of electronic communication devices
Speed Restrictions
70.070 Maximum speed limits
70.071 Slow speed
70.072 Special speed limitations
70.073 Racing on streets and highways prohibited
70.074 Prima facie evidence of speed by radar
Driving on Right; Passing
70.085 Driving upon right side of roadway; exceptions
70.086 Passing to right when proceeding in opposite directions
70.087 Overtaking and passing vehicle or bicycle proceeding in same direction; passing to left generally; driver's duties; penalty
70.088 Overtaking and passing upon right
70.089 Overtaking, passing to left of center
70.090 Additional restrictions on driving upon left side of roadway
70.091 Hazardous or no passing zones
70.092 One-way roadways and rotary traffic islands
70.093 Driving in marked lanes or continuous lines of traffic
70.094 Following too closely
70.095 Driving upon divided roadways
70.096 Entering and exiting controlled-access highway
Turning and Starting; Signals
70.110 Conformity with provisions required
70.111 Right turns
70.112 Left turns on two-way roadways
70.113 Left turns on other than two-way roadways
70.114 Specified turns at intersections
70.115 “U” turns restricted
70.116 Starting vehicle
70.117 Signals before changing course, turning or stopping
70.118 Signals to be given by hand and arm or signal device
70.119 Hand and arm signals
Right-of-Way
70.130 Right-of-way at intersections
70.131 Right-of-way when turning left
70.132 Right-of-way at through street or highway or stop intersections
70.133 Driving onto roadway from private road or driveway; duty to yield
70.134 Right-of-way of emergency vehicle
70.135 Turning into private driveway, alley or building
Miscellaneous Rules
70.150 Unattended motor vehicle
70.151 Backing a vehicle
70.152 Drivers’ view and control to be unobstructed by load or persons
70.153 Passengers in seat with operator
70.154 Passengers on running board
70.155 Following authorized emergency vehicles
70.156 Driving over fire hose
70.157 Funeral processions
70.158 Opening door of vehicle on traffic side
70.159 Boarding or alighting from vehicle
70.160 Unauthorized riding or jumping onto vehicles
70.161 Squealing tires, cracking exhaust noises
70.162 Taking, injuring or tampering with vehicle
70.163 Driving upon sidewalk, street lawn or curb
70.164 Shortcutting; avoiding traffic control devices
70.165 Coasting prohibited
70.166 Driving through safety zone
70.167 Driving upon street posted as closed for repair
70.168 Obstruction of traffic
70.169 Vehicle security
70.170 Littering from a motor vehicle
Enforcement; Impounding and Penalty
70.185 Authority of Police and Fire Department officials
70.186 Application to vehicles upon streets and highways; exceptions
70.187 Obedience to police officers; fleeing
70.188 Application to government vehicles; exception
70.189 Authorized emergency vehicles
70.190 Application to persons riding animals or driving animal-drawn vehicles
70.191 Impounding of vehicles; redemption
70.192 Rights of owners of real property
70.999 Penalty
Cross-reference:
Obedience to traffic control devices, see § 71.15
Removal of glass and the like from highway, see § 71.01
Statutory reference:
Authority to designate through streets and stop intersections, see W. Va. Code 17C-2-8(a)(6), 17C-12-5
Authority to establish one-way streets, see W. Va. Code 17C-2-8(4)
Authority to prohibit driving under the influence, see W. Va. Code 8-12-5(21)
Authority to regulate speed, see W. Va. Code 17C-2-8, 17C-6-3
Authority to regulate the turning of vehicles, see W. Va. Code 17C-2-8(a)(9)
Authority to require local accident report, see W. Va. Code 17C-4-15
Authority to specify different courses for turns, see W. Va. Code 17C-8-5
Disposition of abandoned vehicles, see W. Va. Code Chapter 22
Implied consent, see W. Va. Code 17C-5A
Minimum speed regulations, see W. Va. Code 17C-6-3(a)
Powers of municipality, see W. Va. Code 17C-2-8
Procedure upon arrest; reports, see W. Va. Code Art. 17C-19
Special speed limitations, see W. Va. Code 17C-6-4 et seq.
Uniformity with state law required, see W. Va. Code 17C-2-7
Use of radar, see W. Va. Code 17C-6-7
GENERAL PROVISIONS
The following words and phrases when used in this traffic code shall, for the purpose of this traffic code, have the meanings respectively ascribed to them in this section.
(W. Va. Code 17C-1-1)
ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
(Prior Code, § 301.40)
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, duly chartered rescue squad, Police Department, ambulance service, state, county or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by W. Va. Code 17A-10-1. Agency authorization and emergency equipment are defined in W. Va. Code 17C-15-26. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles.
(W. Va. Code 17C-1-6) (Prior Code, § 301.02)
BICYCLE. Every device which does not have a motor attached and which is propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter.
(W. Va. Code 17C-1-8) (Prior Code, § 301.03)
BUS. Every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(W. Va. Code 17C-1-13) (Prior Code, § 301.04)
BUSINESS DISTRICT. The territory contiguous to and including a street or highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street or highway.
(W. Va. Code 17C-1-45) (Prior Code, § 301.05)
CONTROLLED-ACCESS HIGHWAY. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
(W. Va. Code 17C-1-41) (Prior Code, § 301.06)
CROSSWALK. Includes:
(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(W. Va. Code 17C-1-43) (Prior Code, § 301.07)
DRIVER. Every person who drives or is in actual physical control of a vehicle.
(W. Va. Code 17C-1-31) (Prior Code, § 301.08)
EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosive and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(W. Va. Code 17C-1-24) (Prior Code, § 301.09)
FLAMMABLE LIQUID. Any liquid which has a flash point of 70°F, or less, as determined by a tagliabue or equivalent closed cup test device.
(W. Va. Code 17C-1-25) (Prior Code, § 301.10)
GROSS WEIGHT. The weight of a vehicle without load plus the weight of any load thereon.
(W. Va. Code 17C-1-26) (Prior Code, § 301.11)
INTERSECTION. Includes:
(1) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict; and
(2) Where a street or highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate INTERSECTION. In the event such intersecting street or highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such streets or highways shall be regarded as a separate INTERSECTION.
(W. Va. Code 17C-1-42) (Prior Code, § 301.12)
LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
(W. Va. Code 17C-1-39) (Prior Code, § 301.13)
MOPED. Every motorcycle or motor-driven cycle unless otherwise specified in this traffic code, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 50 cubic centimeters regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 mph on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
(W. Va. Code 17C-1-5a) (Prior Code, § 301.14)
MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(W. Va. Code 17C-1-3) (Prior Code, § 301.17)
MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(W. Va. Code 17C-1-4) (Prior Code, § 301.15)
MOTOR-DRIVEN CYCLE. Every motorcycle having a piston displacement of more than 50 cubic centimeters but not more than 150 cubic centimeters, or with not more than five brake horsepower.
(W. Va. Code 17C-1-5) (Prior Code, § 301.16)
OWNER. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the OWNER for the purpose of this traffic code.
(W. Va. Code 17C-1-32) (Prior Code, § 301.18)
PARK. When prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
(W. Va. Code 17C-1-54) (Prior Code, § 301.19)
PARKING AREA. Lots, areas or other accommodations for the parking of vehicles off the street or highway and open to public use with or without charge.
(W. Va. Code 17C-1-60) (Prior Code, § 301.20)
PASSENGER VAN. Any van or other motor vehicle owned by any agency, business or other legal entity and operated for the purpose of transportation of children under the age of 18 years, other than a van utilized for private use, taxicab, bus or school bus. PASSENGER VANS include, but are not limited to, vehicles used by daycare centers, after-school centers and nursery schools; provided, that the term PASSENGER VAN does not include any van or other motor vehicle which is utilized for the specific purpose of transporting children to medical facilities for the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for loading or unloading along public roads or highways.
(W. Va. Code 17C-1-64) (Prior Code, § 301.201)
PEDESTRIAN. Any person afoot.
(W. Va. Code 17C-1-30) (Prior Code, § 301.21)
PERSON. Every natural person, firm, copartnership, association or corporation.
(W. Va. Code 17C-1-29) (Prior Code, § 301.22)
POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, trusses or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(W. Va. Code 17C-1-17) (Prior Code, § 301.23)
POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(W. Va. Code 17C-1-33) (Prior Code, § 301.24)
PRIVATE PROPERTY. Real estate in private ownership without regard to the manner in which it is used.
(W. Va. Code 17C-1-36) (Prior Code, § 301.25)
PRIVATE ROAD or DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(Prior Code, § 301.25)
RAILROAD. A carrier of persons or property, upon cars, other than streetcars, operated upon stationary rails.
(W. Va. Code 17C-1-21) (Prior Code, § 301.26)
RAILROAD SIGN OR SIGNAL. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(W. Va. Code 17C-1-49) (Prior Code, § 301.27)
RAILROAD TRAIN. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
(W. Va. Code 17C-1-22) (Prior Code, § 301.28)
RESIDENCE DISTRICT. The territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
(W. Va. Code 17C-1-46) (Prior Code, § 301.29)
RESIDENTIAL STREET. The entire width between the boundary lines of every way, whether publicly or privately maintained, located within any subdivision, development or other similar area used primarily for residential purposes when any part thereof is open to the common use of those living in such area for the purpose of vehicular travel.
(W. Va. Code 17C-1-62) (Prior Code, § 301.30)
RIGHT-OF-WAY. The privilege of the immediate use of the street or highway.
(W. Va. Code 17C-1-51) (Prior Code, § 301.31)
ROADWAY. The portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street or highway includes two or more separate roadways, the term ROADWAY as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(W. Va. Code 17C-1-37) (Prior Code, § 301.32)
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(W. Va. Code 17C-1-44) (Prior Code, § 301.33)
SCHOOL BUS. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.
(W. Va. Code 17C-1-7) (Prior Code, § 301.34)
SCHOOL GROUNDS. Includes the land on which a school is built, together with such other land used by students for play, recreation or athletic events while attending school.
(W. Va. Code 17C-1-55) (Prior Code, § 301.35)
SEMITRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(W. Va. Code 17C-1-16) (Prior Code, § 301.36)
SIDEWALK. The portion of a street or highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(W. Va. Code 17C-1-38) (Prior Code, § 301.37)
STOP. When required, means complete cessation from movement.
(W. Va. Code 17C-1-52) (Prior Code, § 301.38)
STOP, STOPPING or STANDING. When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
(W. Va. Code 17C-1-53) (Prior Code, § 301.39)
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(W. Va. Code 17C-1-35) (Prior Code, § 301.40)
THROUGH STREET or THROUGH HIGHWAY. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this traffic code.
(W. Va. Code 17C-1-40) (Prior Code, § 301.41)
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using any street or highway for purposes of travel.
(W. Va. Code 17C-1-50) (Prior Code, § 301.42)
TRAFFIC CONTROL DEVICE. Any sign, signal, marking and device not inconsistent with this traffic code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
(W. Va. Code 17C-1-47) (Prior Code, § 301.43)
TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(W. Va. Code 17C-1-48) (Prior Code, § 301.44)
TRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(W. Va. Code 17C-1-15) (Prior Code, § 301.45)
TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property.
(W. Va. Code 17C-1-12) (Prior Code, § 301.46)
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(W. Va. Code 17C-1-2) (Prior Code, § 301.47)
(A) When not otherwise specifically provided in any case, the Chief of Police and, under his or her direction, the police and traffic officers of this city shall administer and enforce the provisions of this traffic code.
(B) For the purpose of implementing the provisions of this traffic code and carrying into effect the policies of Council thereunder, the Chief of Police is hereby authorized and empowered, when he or she deems it advisable for the public safety and convenience, to close any street or part thereof to all traffic, or to traffic of certain classes or descriptions or to direct the traffic thereon or divert or direct the course of traffic thereon for such periods of time as he or she may deem advisable, in which cases he or she shall cause the necessary traffic control signs, signals, markings or devices controlling such traffic to be placed or installed by the Police Department.
(C) Whenever, pursuant to any of the provisions of this traffic code a permit is required for any purpose and no other issuing authority is specified, such permit shall be issued by the Chief of Police. Any permit issued by the Chief of Police pursuant to the foregoing authority shall not be valid for a period of time exceeding 12 months from the issuance thereof, nor shall such a permit be valid for more than any lesser period of time which may be specified in the permit. Any permit so issued may be revoked by the Chief of Police at any time for good cause. Council may grant permits for longer periods of time.
(D) Upon taking any action authorized by divisions (B) or (C) above, the Chief of Police shall, without undue delay, report such action to the Mayor, who may give such instructions to the Chief of Police with respect thereto as he or she may deem to be in the best interest of the city; and the Mayor may also submit such report of the Chief of Police to a regular or special meeting of Council or to a majority of the members thereof and obtain their advice and instructions to be given the Chief of Police.
(Prior Code, § 305.01)
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