(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 70.99 of this code of ordinances.
(B) (1) Any violation of the regulations set forth in §§ 77.01 through 77.06 of this chapter shall constitute the commission of a misdemeanor offense, and the Police Department for the city or any other law enforcement of any other policing agency exercising proper jurisdiction within the corporate limits of the city, is hereby authorized and empowered to issue a citation and to charge any persons who violates the regulations contained in §§ 77.01 through 77.06 of this chapter, jurisdiction thereof being in the Municipal Court.
(2) Except as provided in the provisions of division (B)(3) below and in addition to any other legal remedy for violation of civil or criminal provisions, any person who violates the provisions of §§ 77.01 through 77.06 of this chapter or who owns or has control over an all-terrain vehicle, utility vehicle or other motorized recreational apparatus and knowingly permits it to be used in violation of the provisions of §§ 77.01 through 77.06 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount set by Council from time to time.
(3) Any parent, legal guardian or person who has actual responsibility for a child under 18 years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle or utility vehicle without a helmet as required by the provisions of §§ 77.01 through 77.06 of this chapter is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(a) For a first offense, a fine in an amount set by Council from time to time;
(b) For a second offense, a fine in an amount set by Council from time to time;
(c) For a third and subsequent offense, a fine in an amount set by Council from time to time and revocation of permit for one year; and
(d) Serious offenses (i.e., reckless driving or DUI, while operating an ATV or UTV in town) are grounds for an automatic revocation of ATV/UTV permit for not less than two years up to five years.
(C) (1) Notwithstanding the provisions of § 70.99 of this traffic code, any parent or legal guardian violating any requirement set forth in § 77.28(B) of this chapter shall be fined in an amount set by Council from time to time or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. Notwithstanding the provisions of W.Va. Code § 8-11-1, no court costs may be assessed to any person violating the requirements of § 77.28(B) of this chapter.
(2) In the case of a first violation of § 77.28(B) of this chapter, the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is an absolute defense to a charge for a violation of § 77.28 of this chapter that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit in accordance with the provisions of W.Va. Code § 59-2-l(c). Any person who demonstrates inability to pay shall be referred to the Governor’s highway safety program for assistance in obtaining the appropriate helmet or helmets.
(Prior Code, § 373.99) (Ord. passed 10-15-2019)
Statutory reference:
Related penalty provisions, see W.Va. Code § 17C-11A-7