349.23 ALL TERRAIN VEHICLES (ATVs).
   (a)   It shall be unlawful to operate any All Terrain Vehicle (ATV) upon any public road, street, alley, sidewalk, parking lot or other municipally owned, leased or otherwise controlled property or other public way within the City limits of the City of South Charleston.
   (b)   Definitions. An All Terrain Vehicle (ATV) is a vehicle as defined by West Virginia Code 17A-1-1(ii) as “any motor vehicle designed for off-highway use and designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control”.
   (c)   Exceptions. The Mayor or Chief of Police may permit the use of an All Terrain Vehicle (ATV) for parades, emergencies, governmental use or other special circumstances. If such prior permission to operate an All Terrain Vehicle (ATV) is obtained from the Mayor or Chief of Police, the operator of the All Terrain Vehicle (ATV) shall be required to have a valid driver’s license and shall be required to wear a Department of Transportation (DOT) approved helmet.
   (d)   Penalty. Whoever violates any provision of this section shall be fined up to three hundred dollars ($300.00) for each violation.
(Ord. 2023. Passed 7-17-03.)