(a) Any person who violates any provision of this article or county ordinance enacted pursuant to W.Va. Code 17F-1-8 or who owns or has control of an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00.
(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle is guilty of a misdemeanor and shall be subject to the following penalties:
(1) For a first offense, a fine of not less than $50.00, nor more than $100.00, or not more than ten (10) hours of community service, or both;
(2) For a second offense, a fine of not less than $100.00, nor more than $200.00, or not more than twenty (20) hours of community service, or both; and,
(3) For a third or subsequent offense, a fine of not less than $200.00, nor more than $500.00, or not more than one hundred (100) hours of community service, or both.
(Ord. 2008-7. Passed 8-15-08.)