(a) The riding, operation and use of all street-legal special purpose vehicles (W.Va. Code 17 A-13 -1), for transportation or recreational purposes and unlicensed motor vehicles within or upon the streets, alleys, parking lots or any realty, owned, leased or controlled by the City, or any of its boards, authorities , or commissions within the corporate limits of the City is prohibited, with the exception of utility terrain vehicles (UTVs) and mini trucks as follows:
Utility Terrain Vehicles (UTVs) and mini-trucks may be operated on a City street or highway if:
(1) The operator of said vehicle holds a valid driver's license and such vehicle is registered, titled, licensed and insured by a liability policy at least equal to the state's minimum coverage requirements; and
(2) Said vehicle shall comply with all requirements set forth in W.Va. Code 17A-13-l (i) and (j).
(Ord. 0-1662. Passed 10-13-20.)
(b) Any violation of subsection (a) hereof shall constitute the commission of a misdemeanor criminal offense, and the Police Department of the City is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of subsection (a) hereof. Any person convicted of a first offense established hereunder shall be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00). Any person convicted of a second or further offense established hereunder shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
(Ord. 0-1037. Passed 9-10-02.)
(c) For purposes of this section the term " all-terrain vehicle" (ATV) shall be as defined in W.Va. Code Section 17A-1-l (ii), the term "utility terrain vehicle" (UTV) shall be as defined in W.Va. Code Section 17A-1-l (vv) and the term "motor vehicle" shall be as defined in W.Va. Code 17A-l -l (b). In add it ion the term "unlicensed motor vehicle" shall mean any vehicle which has not been licensed for street use by the West Virginia Department of Motor Vehicles. (Ord. 0-1662. Passed 10-13-20.)
(d) Notwithstanding any other provision of this section, it shall not be an offense for any person to lawfully ride or operate any such all-terrain vehicle or unlicensed motor vehicle upon any private property or upon any governmental owned realty not owned or controlled by the City, or any of its boards, authorities or commissions located within the corporate limits of the City.
(e) Notwithstanding any other provision of this section, 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 all-terrain vehicle or unlicensed motor vehicle upon a designated parade route, when such person is a duly registered and recognized participant in any such properly permitted parade, provided that such all-terrain vehicle or unlicensed motor vehicle riding or operation occurs in conjunction with said parade.
(f) Notwithstanding any other provision of this section, 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 all-terrain vehicle or unlicensed motor vehicle after having obtained permission from the Chief of Police and the Mayor and under such restrictions as they may impose.
(g) The Federal Government, the State of West Virginia and its political subdivisions are exempt from the prohibitions contained herein, when any such all-terrain vehicle or unlicensed motor vehicle is used for government purposes.
(h) The parent or guardian of any person not having attained the age of eighteen years shall not authorize or knowingly permit any such minor to violate any provision within this section. Any such authorization or knowingly permitting any such minor to violation the provisions of this section shall constitute a separate criminal violation hereof and shall subject such parent or guardian to the criminal penalties set forth in this section. The citing of any parent or guardian pursuant to this paragraph shall not be reason to prohibit the police officer from also citing the driver of said all-terrain vehicle or motor vehicle which has not been licensed by the West Virginia Department of Motor Vehicles for street use.
(Ord. 0-1037. Passed 9-10-02.)