355.03 PERMITS AND LAWFUL USE OF ATV'S.
   (a)    Notwithstanding any other provision of this article, 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 ATV upon the designated parade route, when such person is a duly registered and recognized participant in the annually conducted West Virginia Black Walnut Festival, or such other activities recognized and approved by the City of Spencer; provided, that such ATV riding, operation, or other such use occurs in conjunction with the said Festival or other recognized and approved activity.
   (b)    Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to operate an ATV when authorized by the Mayor of the City of Spencer or the Chief of the City of Spencer Municipal Police Department during a state of emergency.
(Passed 5-16-02.)