An all-terrain vehicle (ATV) or utility vehicle (UTV) shall be permitted within or upon the public streets, roads, alleys, ways and crosswalks within the corporate limits of the city between the hours of 6:00 a.m. and 10:00 p.m., eastern standard time; provided that:
(A) The ATV or UTV is equipped with taillights and headlights in proper working order and that the same are illuminated at all times while on the public streets;
(B) The ATV or UTV is equipped with brake lights in working order;
(C) The owner of the ATV or UTV shall be financially responsible and shall maintain liability insurance on the ATV or UTV in the minimum amount set forth in W.Va. Code § 17D-4-2;
(D) The operator of said ATV or UTV must hold a valid general operator’s license, pursuant to W.Va. Code § 17B-2-1, and an ATV/UTV permit issued by the city at a cost of $50 annually to be paid by the owner/owners of said recreational vehicle. Such permit must be displayed on the front of the ATV or UTV;
(E) Any operator or passenger, must wear size appropriate protective helmet and eyewear that meets the current performance specifications established by the American Standard Institute standard z-90.1, and United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell safety standards for protective headgear for vehicle users. Excluding the operation of a golf cart;
(F) Any ATV or UTV carrying a passenger, other than the operator of the ATV or UTV, must be properly designed and equipped with a “buddy seat” if the manufacturing standards for said ATV allow and intend for a passenger, in addition to the operator, to ride upon said ATV or UTV. However, in no event shall more than two persons be seated or saddled upon an ATV or UTV while being operated on public roads;
(G) An ATV or UTV carrying a passenger under the age of 18 must be operated by an individual 18 years of age or older;
(H) All vehicles covered in this subchapter shall be operated no faster than five mph inside the corporate limits of the city; and
(I) Any and all persons with an issued permit by the city agrees to be stopped at any time and for any reasons to verify if said vehicle has valid insurance and operator has valid operator’s license.
(Ord. passed 10-15-2019) Penalty, see § 77.99