(a) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon any private property located within the corporate limits of the Town of Nutter Fort.
(b) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon a designated parade route or in conjunction with other activities sponsored, supported or approved by the Town of Nutter Fort; provided that, the person operating the ATV is a recognized participant of the sponsored, supported or approved activity and the ATV riding, operation or other such use occurs in conjunction with the sponsored, supported or approved activity.
(c) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon property otherwise restricted from such use, when such person is a participant in a duly organized exhibition or competition, authorized by the Council of the Town of Nutter Fort through the issuance of a permit by the Town Council. Application for any permit to conduct any such duly organized exhibition or competition must be made within the Council of the Town of Nutter Fort not less than 30 days prior to the proposed date for conducting the exhibition or competition.
(d) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon property otherwise restricted from such use, when the Town of Nutter Fort has declared a municipal emergency and has authorized the person operating the ATV to participate in efforts to alleviate the conditions creating the municipal emergency through the issuance of a permit by Town Council.
(e) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon property otherwise restricted from such use when the person operating the ATV is a member of the Nutter Fort Police Department, the Nutter Fort Volunteer Fire Department or the Nutter Fort Maintenance Department and the ATV riding, operation or other such use occurs in conjunction with carrying out the responsibilities of their employment.
(f) Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate or otherwise use an ATV upon property otherwise restricted for such use when such use is made in connection with the sale, service, maintenance or demonstration of ATVs by any retail seller of ATVs, or its employees or agents.
(Ord. passed 9-11-2001)