(a) The riding, operation or other use of all-terrain vehicles for transportation or recreational purposes, within or upon the streets, alleys, sidewalks, parking lots and other realty- owned, leased or controlled property of the City of Princeton or any of its boards, authorities or commissions is prohibited.
(b) Any violation of subsection (a) hereof shall constitute the commission of a misdemeanor criminal offense, and any officer of the Police Department of the City of Princeton or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of Princeton 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 two hundred fifty dollars ($250.00).
(c) For the purpose of this Code section, the term “all-terrain vehicle” shall be as defined in Section 17A-1-1(ii) of the West Virginia Code, and the term “motor vehicle” shall be as defined in Section 17A-1-1(b) of the West Virginia Code.
(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 upon any governmentally-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 upon a designated parade route, when such person is a dulyregistered and recognized participant in any such permitted parade, provided that such all-terrain vehicles riding or operation occurs in conjunction with said parade.
(f) 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 is used for government purposes.
(g) Nothing contained within this section is intended, nor shall be construed, so as to create or form a basis for any civil or administrative liability whatsoever on the part of the City or any of its officers, officials, employees, or agents for any injury or damage resulting to any person as a consequence of any action or inaction on the part of the City related, in any manner, to the enforcement or nonenforcement of this section by the City’s officers, officials, employees or agents.
(h) The parent or other 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 violate the provisions of this section shall constitute a 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 any police officer from also citing the driver of said all- terrain vehicle.
(i) The provisions of this section are severable and, in the event that any provision or part hereof shall be held invalid for any reason by any court exercising competent jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions of this section not specifically held to be invalid. It is hereby declared to be the intent of the City that this section would have been adopted if any such invalid provision or part hereof had not be included herein.
(Passed 4-14-03.)