(a) An individual or entity may apply to the City Clerk for a special permit to operate an all-terrain vehicle within the municipal corporate limits of the city by applying to the city and providing the following:
(1) A showing of good cause for the issuance of a special permit. The term “good cause” as used herein shall include, but not be limited to, snow removal, work related necessity or other justifiable use. The term “good cause” shall not include recreational use and/or general transportation;
(2) Complete an all-terrain vehicle special permit application as promulgated by the City Manager with advice from the Chief of Police and approval by City Council;
(3) Submission of proof that the all-terrain vehicle is covered by liability insurance with limits which may not be less than the minimum requirements for automobiles in this state, as prescribed by W.Va. Code § 17D-4-2. Any applicant shall keep the all-terrain vehicle insured for the duration of the special permit and shall not operate the all-terrain vehicle pursuant to such special permit unless it is so insured at the time of operation thereof;
(4) Proof of ownership;
(5) Payment of an application fee in the amount not to exceed $50 to cover administrative costs; and
(6) Execution of a waiver of liability and indemnification agreement.
(b) The Chief of Police, in his or her sole discretion, shall approve or disapprove special permit applications, as well as determine the length of the special permit and any geographical limitations imposed on operation of the all-terrain vehicle within the municipal corporate limits.
(c) Upon approval of a special permit application, the applicant shall be issued an identification tag which the applicant shall display prominently on the rear of the all-terrain vehicle at all times the all-terrain vehicle is being operated within or upon the public streets, road, alleys, ways or upon any other real property, which is publicly owned, leased or controlled, within the corporate limits.
(Ord. passed 12-5-2017)