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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)
Nothing in this traffic code shall be construed to prevent an owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this traffic code, or otherwise regulating such use as may seem best to such owner.
(W. Va. Code 17C-2-9) (Prior Code, § 303.08)
(A) Whoever violates any provision of this traffic code for which another penalty is not provided, shall, for a first offense thereof, be fined an amount not to exceed state law or be imprisoned for a term not to exceed state law, or both; for a second such offense within one year thereafter, such person shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both; and upon a third or subsequent offense, such person shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 303.99)
(B) Whoever violates § 70.056 shall, for a first offense, be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law; for a second or subsequent offense, shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 333.99)
(C) Any person who violates the provisions of § 70.058(A) is guilty of a traffic offense and, upon conviction thereof, shall for a first offense be fined an amount not to exceed state law; for a second offense be fined an amount not to exceed state law; and for a third or subsequent offense be fined an amount not to exceed state law.
(D) Whoever violates § 70.073 shall be fined an amount not to exceed state law; for a second offense, fined an amount not to exceed state law, or by imprisonment for a term not to exceed state law, or both; and for a third and each subsequent offense, fined an amount not to exceed state law, or by imprisonment for a term not to exceed state law or both. For the purposes of this section, a forfeiture of bail or collateral deposited to secure such person’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction. If at the time of any violation of the provisions of § 70.073 by any person as an operator of a motor vehicle, such person was not entitled to operate a motor vehicle in this state because his or her operator’s or chauffeur’s license, or privilege to drive in this state if such person be a nonresident, had earlier been suspended or revoked, then in addition to the penalties provided for in this section, the provisions of § 72.094 shall be applicable.
(W. Va. Code 17C-6-8) (Prior Code, § 335.99)
(E) Whoever violates § 70.162 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 349.99)
(Ord. 79-8, passed 7-17-1979; Ord. 12-3, passed 6-7-2012)