(a) A motorized cart that is properly registered, for which a permit has been issued pursuant to this section, and which meets all requirements of this section, may be operated on a City road.
(b) Definitions. For purposes of this section:
(1) City road. The term "City road" means any road or other path of travel meeting all following criteria:
A. It is within the City;
B. It belongs to the City;
C. Motor vehicles may be legally operated on it by the public;
D. It is within the confines of a subdivision;
E. The applicable speed limit is not more than twenty-five miles per hour; and
F. It has not been declared unsafe for such use by the Chief of Police.
(2) Motorized cart. The term "motorized cart" means a motorized cart that is clearly identified on its manufacturer's certificate of origin as a low-speed vehicle, that is not a homemade low-speed vehicle or retrofitted golf cart, that has all lights, brakes, tires, and seat belts in good working condition, that meets the requirements of 49 C.F.R. § 571.500 concerning standards for low-speed vehicles, and that is equipped with all of the following:
A. Headlamps;
B. Front and rear turn signal lamps;
C. Taillamps;
D. Stop lamps;
E. Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear;
F. An exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror;
G. A parking brake;
H. A windshield;
I. A vehicle identification number (VIN);
J. A Type 1 or Type 2 seat belt assembly installed at each designated seating position; and
K. An alert sound.
(c) Insurance. Liability insurance coverage on the motorized cart, in amounts not less than the proof of financial responsibility amounts specified in West Virginia Code 17D-4-2, is required at all times when operating a motorized cart pursuant to this section.
(d) Permit. No motorized cart may be operated within the City for which a proper permit has not been issued pursuant to this section. The owner of a motorized cart may apply to the City's Chief of Police for a permit. A permit shall be valid during one calendar year and shall expire at the end of each calendar year for which it was issued. A permit may not be transferred.
(e) Permit Application. Application for a permit shall be made on a form supplied by the City and shall contain the following information:
(1) Name and address of applicant;
(2) Motorized cart VIN number;
(3) Copy of driver's license of the applicant and any potential driver of the motorized cart;
(4) Proof of liability insurance for the motorized cart;
(5) Subdivision name where motorized cart will be operated; and
(6) Other such information which the City may require.
Applicants shall promptly provide updated information to the Chief of Police if information provided with an application changed.
(f) Permit Fee. There is no permit fee for the first permit per applicant each calendar year. For a subsequent permit during the same calendar year, the permit fee shall be fifty dollars.
(g) Operation Requirements. A driver of a motorized cart shall comply with the following operation requirements while operating a motorized cart:
(1) Obey all traffic laws and regulations;
(2) Drive a motorized cart only on City roads with speed limits of twenty-five miles per hour or less that are within the confines of a subdivision and that have not been declared to be unsafe for such use by the Chief of Police;
(3) Yield to pedestrians and bicycles;
(4) Ensure the driver and passengers are properly seated, with fastened seatbelts, at all times when the motorized cart is in operation;
(5) Operate a motorized cart only when the number of passengers does not exceed the number of passengers for which the motorized cart was designed; and
(6) Carry the driver's valid driver's license (not an instruction permit), proof of insurance and registration of the motorized cart, and the permit to operate the motorized cart.
(h) Unsafe Roads. The Chief of Police may, in his or her discretion, declare a City road unsafe for use by motorized carts if the road topography does not allow for safe travel by motorized cart or if there has been an accident involving a motorized cart and future accidents involving motorized carts are likely on the road. Identification of a City road as unsafe on the permit application, on the permit itself, or on a notice sent via mail to the applicant shall be deemed notice to the applicant and to any driver of the applicant's motorized cart that the named City road or roads were declared unsafe.
(i) Revocation of Permit. A permit issued pursuant to this section may be revoked for any violation of the operation requirements of this section. An applicant is entitled to protest such revocation in writing to the Chief of Police, stating all reasons why such revocation should be reversed. The Chief of Police may, in his or her discretion, reconsider any revocation and confirm or reverse revocation of a permit. Appeal of a confirmation of a revocation may be made to the Mayor or his or her designee. Such appeal is limited to the reasons stated in the initial written protest of such revocation.
(j) Penalty. Whoever violates any provision of this section shall be fined up to three hundred dollars ($300.00) for each violation.
(Ord. 2280. Passed 8-15-19.)