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(A) Every owner or registrant of a motor vehicle shall maintain security upon such vehicle as required by W. Va. Code Article 17D-2A, and no person shall knowingly drive or operate on any street within the municipality any motor vehicle upon which security is required by such Article unless the security is provided, and violation of any of the provisions of W. Va. Code Article 17D-2A, including failure to have a certificate of insurance, if required, shall constitute a violation under this section.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or imprisoned no more then 30 days, or both fined and imprisoned. Court costs as determined by the court shall be added to each conviction.
(Prior Code, § 349.20) (Ord. passed 8-6-2024) Penalty, see §
70.999
(A) It is unlawful for any driver or passenger of a motor vehicle or other conveyance to place, deposit, dump, throw or cause to be placed, deposited, dumped or thrown, any litter from a motor vehicle or other conveyance in or upon any public or private highway, road, street or alley; any private property; any public property; or the waters of the state or within 100 feet of the waters of this state, except in a proper litter or other solid waste receptacle.
(B) For purposes of this section, LITTER means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, saw milling, farming or manufacturing.
(C) When there is more than one occupant in a motor vehicle or other conveyance and it can not be determined which occupant is responsible for violating this section, the driver shall be presumed to be responsible for the violation.
(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500. Court costs as determined by the court shall be added to each conviction.
(W. Va. Code 17C-14-14) (Prior Code, § 349.21) (Ord. passed 8-6-2024) Penalty, see §
70.999
ENFORCEMENT; IMPOUNDING AND PENALTY
(A) It shall be the duty of the officers of the Police Department to enforce all street traffic laws of this municipality and all of the state vehicle laws applicable to street traffic in this municipality.
(B) Officers of the Police Department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
(C) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Prior Code, § 303.01)
(A) The provisions of this traffic code relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways except where a different place is specifically referred to in a given section.
(W. Va. Code 17C-2-1) (Prior Code, § 303.02)
(A) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or special officer invested by law with authority to direct, control or regulate traffic.
(B) No person shall operate a vehicle so as to willfully elude or flee a police officer or special officer after receiving a visible or audible signal from such an officer to bring his or her vehicle to a stop.
(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500. Court costs as determined by the court shall be added to each conviction.
(W. Va. Code 17C-2-3(c)) (Prior Code, § 303.03) (Ord. passed 8-6-2024) Penalty, see
§ 70.999
(A) The provisions of this traffic code applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, municipality, town, district or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this traffic code with reference to authorized emergency vehicles.
(B) Unless specifically made applicable, the provisions of this traffic code shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street or highway but shall apply to such persons and vehicles when traveling to or from such work.
(W. Va. Code 17C-2-4) (Prior Code, § 303.04)
(A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this traffic code;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he or she does not endanger life or property; and
(4) Disregard regulations governing direction of movement or turning in specified directions.
(C) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp, as authorized by § 72.018, which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(D) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
(W. Va. Code 17C-2-5) (Prior Code, § 303.05)
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this traffic code, except those provisions of this traffic code which by their very nature can have no application.
(W. Va. Code 17C-2-6) (Prior Code, § 303.06)
(A) Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(1) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;
(2) When any vehicle has been abandoned or junked on private or public property as provided in W. Va. Code Chapter 22;
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(5) When any vehicle has been used in or connected with the commission of a felony;
(6) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this traffic code or W. Va. Code Article 17C-15 whereby its continued operation would constitute a condition hazardous to life, limb or property;
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked; or
(10) When any vehicle is found for which two or more citation tags for violations of this traffic code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(B) Any vehicle removed under authority of division (A)(2) above shall be disposed of as provided under W. Va. Code Article 17-24. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(Prior Code, § 303.07)
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