PART THREE - TRAFFIC CODE
Art. 303.  Enforcement; Regulations.
 
Art. 305.  Traffic Control.
Art. 353.  All-Terrain Vehicles.
 
Art. 354.  Motorized Carts.
Art. 363.  Restricted Parking on Designated Streets.
 
Art. 365.  Parking Enforcement Division.
Art. 375.  Motorized Scooters.
ARTICLE 303
Enforcement; Regulations
303.01    Definitions.
303.02    Obedience to traffic-control devices; official signs to be in proper position.
303.03    Accidents.
303.04    Driving under influence of alcohol, controlled substances or drugs; penalties.
303.04a   Deferral of further proceedings for certain first offenses upon condition of participation in Motor Vehicle Alcohol Test and Lock Program; procedure on charge of violation of conditions.
303.05    Reckless driving.
303.06   Speed restrictions.
303.07    Racing on streets and highways prohibited.
303.08    Driving on right side of roadway, overtaking and passing.
303.09    Passing vehicles proceeding in opposite directions.
303.10    Overtaking and passing vehicle proceeding in same direction; passing on the left generally.
303.11    One-way streets.
303.12    Driving on roadways laned for traffic.
303.13    Following too closely.
303.14    Driving on divided highways.
303.15    Right turns.
303.16    Left turns on two-way roadways.
303.17    Left turns on other than two-way roadways.
303.18    Turning movements and required signals.
303.19    Pedestrians.
303.20    Operation of bicycles and play vehicles.
303.21    Obedience to signal indicating approach of train.
303.22    Stopping before emerging from alley or private driveway.
303.23    Overtaking and passing school bus.
303.24    Passenger vans; passing passenger van.
303.25    Stopping, standing or parking outside of business or residence districts.
303.26    Stopping, standing or parking prohibited in specified places; penalty.
303.26A   Parking oversized vehicles on residential street prohibited.
303.27    Right parallel parking.
303.28    Stopping, standing or parking privileges for persons with a mobility impairment.
303.29    Unattended motor vehicle.
303.30    Limitations on backing.
303.31    Obstruction to driver’s view or driving mechanism.
303.32    Passengers in seat with operator.
303.33    Passengers on running board.
303.34    Following authorized emergency vehicles.
303.35    Crossing fire hose.
303.36    Putting glass, etc., on highway.
303.37    Vehicles parked on private property.
303.38    Police officers authorized to conduct investigations on private property.
303.39    Unlawful to litter from motor vehicle.
303.40    Unsafe and improperly equipped vehicles; additional parts and accessories; special restrictions on lamps.
303.41    Sun screening devices.
303.42    Operation of vehicles with safety belts.
303.43    Operation without certificate of inspection or failure to produce certificate.
303.44    Registration; certificate of title required.
303.44a    Operation of vehicles without evidences of registration; use of temporary facsimile; penalty.
303.44b   Improper use of evidences of registration; misdemeanor; penalty.
303.45    Display of registration plates.
303.46    Drivers must be licensed; motorcycle driver license.
303.47    Unlawful use of license or nonoperator’s identification; license and nonoperator’s identification violations generally.
303.48    Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while  having alcoholic concentration in the blood of eight hundredths of one percent or more, by  weight, or for refusing to take secondary chemical test of blood alcohol contents; home detention.
303.49    Permitting unauthorized person to drive.
303.50(1)    Required security; exceptions.
303.50(2)   Certificate of insurance.
303.50(3)     Investigation by duly authorized law enforcement officer to include inquiry regarding required security; notice by officer or court to Division of Motor Vehicles.
303.50(4)     Criminal penalty.
303.51    Offenses by persons owning or controlling vehicles; owner
   present in vehicle to be arrested rather than driver for certain traffic violations.
303.52    Violations of article; penalties.
303.53   Prohibited use of an electronic communications device, driving without handheld features;  definitions; exceptions; penalties.
303.54   Injuring or tampering with vehicle or special mobile equipment.
CROSS REFERENCES
      Statutory definitions - see W. Va. Code. Art. 17C-1
      Power of local authorities - see W. Va. Code 17C-2-8
303.01  DEFINITIONS.
   The following words and phrases when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in this article.
   "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs.
   "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheelchairs.
   "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
   "Motor-driven cycle" means every motorcycle having a piston displacement of more than fifty cubic centimeters but not more than one hundred fifty cubic centimeters, or with not more than five brake horsepower.
   "Moped" means every motorcycle or motor-driven cycle unless otherwise specified in this article, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed thirty miles per hour on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
   "Authorized emergency vehicle" means vehicles of a fire department, duly chartered rescue squad, police department, ambulance service, state, county or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by section one, article ten, chapter Seventeen-A (17A) of the West Virginia Code. Agency authorization and emergency equipment are defined in section twenty-six, article fifteen, chapter Seventeen-C (17C) of the West Virginia Code. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles.
   "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
   "Driver" means every person who drives or is in actual physical control of a vehicle.
   "Owner" means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of City traffic ordinances.
   "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
   "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
   "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
   "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
   "Private property" means real estate in private ownership without regard to the manner in which it is used.
   "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
   "Traffic-control devices" means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
   "Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
   "Railroad sign" or "signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
   "Right-of-way" means the privilege of the immediate use of the highway.
   "Residential street" means the entire width between the boundary lines of every way, whether publicly or privately maintained, located within any subdivision, development or other similar area used primarily for residential purposes when any part thereof is open to the common use of those living in said area for the purpose of vehicular travel.
   It is unlawful and, unless otherwise declared in the City traffic ordinances with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in City ordinances pertaining to traffic.
   It is the duty of the St. Albans Police Department and its members to enforce the provisions of this article and other ordinances of the City governing the operation of vehicles upon the streets and highways of this City as defined in the City as adopted and/or amended.
(Ord. 2007-12.  Passed 9-17-07.)
303.02 OBEDIENCE TO TRAFFIC CONTROL DEVICES; OFFICIAL SIGNS TO BE IN PROPER POSITION.
   (a)   The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this article, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Code.
   (b)    Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (c)    No provision of this article for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
   (d)    The driver of any vehicle shall obey the traffic-control instructions of any law enforcement officer or persons authorized by the Mayor or Chief of Police, to operate traffic- control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this article.
   (e)    Any person failing to comply with the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.  (Ord. 2007-12.  Passed 9-17-07.)
303.03  ACCIDENTS.
   (a)   The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and shall remain at the scene of the accident until he or she has complied with the requirements of subsection (d) hereof; Provided, That the driver may leave the scene of the accident as may reasonably be necessary for the purpose of rendering assistance to an injured person as required by subsection (d) hereof. Every such stop shall be made without obstructing traffic more than is necessary.
   (b)   Any person violating the provisions of subsection (a) hereof after being involved in an accident resulting in physical injury to any person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by confinement in a county or regional jail for not more than thirty days, or fined not more than one thousand dollars, or both.
   (c)    The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (d) hereof. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars.
   (d)    The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his or her name, address and the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
   (e)    The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
   (f)    The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver's license and shall make report of such accident when and as required in subsection (g) hereof.
   (g)    The driver of a vehicle involved in an accident within the City of St. Albans resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars or more shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the St. Albans Police Department.
(Ord. 2007-12. Passed 9-17-07.)
303.04 DRIVING UNDER INFLUENCE OF ALCOHOL, CONTROLLED  SUBSTANCES OR DRUGS; PENALTIES.
   (a)    Any person who:
      (1)    Drives a vehicle in this State while he or she:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or other drug; or
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
      (2)    While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure; and
      (3)    Commits the act or failure in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years nor more than ten years and shall be fined not less than one thousand dollars nor more than three thousand dollars.
   (b)    Any person who:
      (1)    Drives a vehicle in this State while he or she:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or any other drug;
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
      (2)    While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than five hundred dollars nor more than one thousand dollars.
   (c)    Any person who:
      (1)    Drives a vehicle in this State while he or she:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or any other drug; or
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
      (2)    While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars.
   (d)    Any person who:
      (1)    Drives a vehicle in this State while he or she:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or any other drug; or
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent, by weight;
      (2)    Is guilty of a misdemeanor and, upon conviction thereof, except as provided in West Virginia Code 17C-5-2b, shall be confined in jail for up to six months and shall be fined not less than one hundred dollars nor more than five hundred dollars. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   (e)    Any person who drives a vehicle in this State while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   (f)    Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this State is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   (g)    Any person who:
      (1)    Knowingly permits his or her vehicle to be driven in this State by any other person who:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or any other drug;
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;
      (2)    Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.
   (h)    Any person who knowingly permits his or her vehicle to be driven in this State by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.
   (i)    Any person under the age of twenty-one years who drives a vehicle in this State while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than one hundred dollars nor more than five hundred dollars. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in West Virginia Code 17C-5A-3a. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.
   A person arrested and charged with an offense under the provisions of this subsection or subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.
   (j)    Any person who:
      (1)    Drives a vehicle in this State while he or she:
         A.   Is under the influence of alcohol;
         B.   Is under the influence of any controlled substance;
         C.   Is under the influence of any other drug;
         D.   Is under the combined influence of alcohol and any controlled substance or any other drug; or
         E.   Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
      (2)    The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, which jail term is to include actual confinement of not less than forty-eight hours and shall be fined not less than two hundred dollars nor more than one thousand dollars.
   (k)    A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of not less than one thousand dollars nor more than three thousand dollars.
   (l)   A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years and the court may, in its discretion, impose a fine of not less than three thousand dollars nor more than five thousand dollars.
   (m)    For purposes of subsections (k) and (1) of this section relating to second, third and subsequent offenses, the following events shall be regarded as offenses under this section:
      (1)    Any conviction under the provisions of subsection (a), (b), (c), (d), (e), (f) or (g) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;
      (2)    Any conviction under a municipal ordinance of this State or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and,
      (3)    Any period of conditional probation imposed pursuant to this section or West Virginia Code 17C-5-2b, for violation of subsection (d) of this section  or of West Virginia Code 17C-5-2, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.
   (n)    A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to section two-b of this article.
   (o)    The fact that any person charged with a violation of subsection (a), (b), (c), (d), (e) or (f) of this section, or any person permitted to drive as described under subsection (g) or (h) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section.
   (p)    For purposes of this section, the term “controlled substance” has the meaning ascribed to it in chapter sixty-a [ 60A-1-1 et seq.] of the West Virginia Code.
   (q)    The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: provided, that the court may apply the provisions of article eleven-a [ 62-11A-1 et seq.], chapter sixty-two of the West Virginia Code to a person sentenced or committed to a term of one year or less for a first offense under this section: provided further, that the court may impose a term of conditional probation pursuant to West Virginia Code 17C-5-2b, or comparable City ordinance to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven-b [ 17C-11B-1 et seq.] of the West Virginia Code may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: provided, however, that for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five [62-11B-5], article eleven-b, chapter sixty-two of the West Virginia Code: provided further, that for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of the West Virginia Code.
   (r)    Only those subsections of this section which provide for alternative sentencing, no incarceration, or incarceration of thirty (30) days or less are to brought in the Municipal Court of the City of St. Albans. This section is adopted to conform with State law. Any charge for violation of any part of this section which provides for a penalty of incarceration for more than thirty (30) days shall be brought in Magistrate Court, or referred to the County prosecuting attorney for further disposition.
(Ord. 2011-04.  Passed 4-4-11.)
303.04a DEFERRAL OF FURTHER PROCEEDINGS FOR CERTAIN FIRST  OFFENSES UPON CONDITION OF PARTICIPATION IN MOTOR  VEHICLE ALCOHOL TEST AND LOCK PROGRAM; PROCEDURE ON CHARGE OF VIOLATION OF CONDITIONS.
   (a)    Except as provided in subsection (g) of this section (St. Albans City Code
303.04a), whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to driving under the influence of alcohol, any controlled substance or any other drug:
      (1)    Notifies the court within thirty days of his or her arrest of his or her intention to participate in a deferral pursuant to this section; and
      (2)    Pleads guilty to or is found guilty of driving under the influence of alcohol under subsection (d) of Section 303.04 of the St. Albans City Code,
   the court, without entering a judgment of guilt and with the consent of the accused, shall defer further proceedings and, notwithstanding any provisions of this code to the contrary, place him or her on probation, which conditions shall include, that he or she successfully completes the Motor Vehicle Alcohol Test and Lock Program as provided in West Virginia Code 17C-5A-3a. Participation therein shall be for a period of at least one hundred and sixty five days after he or she has served the fifteen days of license suspension imposed pursuant to West Virginia Code 17C-5A-2.
   (b)    A defendant's election to participate in deferral under this section shall constitute a waiver of his or her right to an administrative hearing as provided in West Virginia Code 17C-5A-2.
   (c)   (1)   If the prosecuting attorney files a motion alleging that the defendant during the period of the Motor Vehicle Alcohol Test and Lock Program has been removed therefrom by the Division of Motor Vehicles, or has failed to successfully complete the program before making a motion for dismissal pursuant to subsection (d) of this section, the court may issue such process as is necessary to bring the defendant before the court.
      (2)   A motion alleging such violation filed pursuant to subsection (c)(1) hereof must be filed during the period of the Motor Vehicle Alcohol Test and Lock Program or, if filed thereafter, must be filed within a reasonable time after the alleged violation was committed.
      (3)    When the defendant is brought before the court, the court shall afford the defendant an opportunity to be heard. If the court finds that the defendant has been rightfully removed from the Motor Vehicle Alcohol Test and Lock Program by the Division of Motor Vehicles, the court may order, when appropriate, that the deferral be terminated, and thereupon enter an adjudication of guilt and proceed as otherwise provided.
      (4)    Should the defendant fail to complete or be removed from the Motor Vehicle Alcohol Test and Lock Program, the defendant waives the appropriate statute of limitations and the defendant's right to a speedy trial under any applicable Federal or State constitutional provisions, statutes or rules of court during the period of enrollment in the program.
   
   (d)    When the defendant shall have completed satisfactorily the Motor Vehicle Alcohol Test and Lock Program and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the Division of Motor Vehicles that the defendant has successfully completed the Motor Vehicle Alcohol Test and Lock Program. A copy of the motion shall be served on the prosecuting attorney who shall within 30 days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant's attorney. If there are no objections filed within the 30-day period, the court shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the court shall proceed as set forth in subsection (c) of this section.
   (e)    Except as provided herein, unless a defendant adjudicated pursuant to this subsection be convicted of a subsequent violation of this article, discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime except for those provided in West Virginia Code 17C-5A-l et seq. Except as provided in subsection (k)(1) and (m), of West Virginia Code 17C-5-2 regarding subsequent offenses, the effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose other than any inquiry made in connection with any subsequent offense as that term is defined in subsection (m) ofWest Virginia Code 17C-5-2.
   (f)    There may be only one discharge and dismissal under this section with respect to any person.
   (g)    No person shall be eligible for dismissal and discharge under this section:
      (1)    In any prosecution in which any violation of any other provision of this article has been charged;
      (2)    If the person holds a commercial driver's license or operates commercial motor vehicle(s), or
      (3)    The person has previously had his or her driver's license revoked under West Virginia Code 17C-5-2a, municipal ordinance or under any statute of the United States or of any state relating to driving under the influence of alcohol, any controlled substance or any other drug.
   (h)    (1)    After a period of not less than one year which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this section, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial, and conviction, pursuant to this section except for those maintained by the Division of Motor Vehicles: provided, that any person who has previously been convicted of a felony may not make a motion for expungement pursuant to this section.
      (2)    If the prosecuting attorney objects to the expungement, the objections shall be filed with the court within 30 days after service of a motion for expungement and copies of the objections shall be served on the defendant or the defendant's attorney.
      (3)    If the objections are filed, the court shall hold a hearing on the objections, affording all parties an opportunity to be heard. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this subsection has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.
   (i)    Notwithstanding any provision of this code to the contrary, any person prosecuted for a violation of subsection (d) of West Virginia Code 17C-5-2, or St. Albans City Code 303.04, whose case is disposed of pursuant to the provisions of this section shall be liable for any court costs assessable against a person convicted of a violation of subsection (j) of West Virginia Code 17C-5-2 or St. Albans City Code 303.04. Payment of such costs may be made a condition of probation. The costs assessed pursuant to this subsection, whether as a term of probation or not, shall be distributed as other court costs in accordance with West Virginia Code 50-3-2, West Virginia Code 14-2A-4, West Virginia Code 30-29-4, and West Virginia Code 62-5-2], 62-5-7] and 62-5-10.
(Ord. 2011-03. Passed 4-4-11.)
303.05  RECKLESS DRIVING.
   (a)   Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources, or City Parks in the City of St. Albans in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
   (b)   Every person convicted of reckless driving is guilty of a misdemeanor, and upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than thirty days, or fined not less than twenty-five dollars nor more than five hundred dollars, or both, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than ten days nor more than thirty days, or fined not less than fifty dollars nor more than one thousand dollars, or both.
(Ord. 2007-12.  Passed 9-17-07.)
303.06  SPEED RESTRICTIONS.
   (a)    No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highways in compliance with legal requirements and the duty of all persons to use due care.
   (b)   Where no special hazard exists that requires lower speed for compliance with subsection (a) hereof, the speed of any vehicle not in excess of the limits specified in this section or established as authorized in this section is lawful, but any speed in excess of the limits specified in this subsection or established as authorized in this section is unlawful. The following speed limits apply:
      (1)   Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property, including school grounds and any street or highway abutting the school grounds and extending one hundred twenty- five feet along the street or highway from the school grounds. The speed restriction does not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the Division of Highways;
      (2)   Twenty-five miles per hour in any business or residence district; and
      (3)   Fifty-five miles per hour on open country highways, except as otherwise provided by this chapter.
   The speeds set forth in this section may be altered.
   (c)   The driver of every vehicle shall, consistent with the requirements of subsection (a) hereof, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
   (d)   Unless otherwise provided in this section, any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than five hundred dollars: provided, that if the third or subsequent conviction is based upon a violation of the provisions of this section where the offender exceeded the speed limit by fifteen miles per hour or more, then upon conviction, shall be fined not more than five hundred dollars or confined in the County or Regional Jail for not more than thirty days, or both.
   (e)   Any person who violates the provisions of subsection (b)(1) hereof is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars: provided, that if the conviction is based upon a violation of the provisions of subsection (b)(1) hereof where the offender exceeded the speed limit by fifteen miles per hour or more in the presence of one or more children, then upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or confined in the Regional or County Jail for not more than thirty days, or both.
   (f)   Any person operating a commercial motor vehicle engaged in the transportation of coal on the coal resource transportation road system who violates subsection (a), (b) or (c) shall, upon conviction, be subject to fines in triple the amount otherwise provided in subsection (d) hereof.
   (g)    The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, laser, or other device approved for use for the purpose of detecting speed by the State legislature when such evidence is obtained by police officers of the City of St. Albans. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle. 
(Ord. 2007-12.  Passed 9-17-07.)
303.07  RACING ON STREETS AND HIGHWAYS PROHIBITED.
   (a)   It shall be unlawful for any person to engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in this State. For the purposes of this subdivision, "speed race" means:
      (1)   The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or
      (2)   The operation of a motor vehicle in speed acceleration competition against time; or
      (3)   The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where speed exceeds the lawful speed limit.
   (b)   Any person who violates the provisions of subsection (a) hereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for a first offense by a fine of not less than fifty dollars nor more than one hundred dollars, and for a second offense by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than six days nor more than thirty days, or by both such fine and imprisonment, and for a third and each subsequent offense by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for thirty days, or by both such fine and imprisonment. For the purposes of this section, a forfeiture of bail or collateral deposited to secure such person's appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction.  (Ord. 2007-12.  Passed 9-17-07.)
303.08  DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING.
   (a)    Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
      (1)   When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
      (2)   When the right half of a roadway is closed to traffic while under construction or repair;
      (3)   Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
      (4)   Upon a roadway designated and signposted for one-way traffic.
   (b)   Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
   (c)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.09  PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.
   (a)   Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.10  OVERTAKING AND PASSING VEHICLE PROCEEDING IN SAME DIRECTION; PASSING ON THE LEFT GENERALLY.
   (a)   The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to these limitations, exceptions, and special rules hereinafter stated.
      (1)   The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
      (2)   Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (c)    No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
   (d)    Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (e)   No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
      (1)   When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
      (2)   When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
      (3)   When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.
   (f)   The foregoing limitations shall not apply upon a one-way roadway.
   (g)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.11  ONE-WAY STREETS.
   (a)   Upon a street designated and signposted for one-way traffic a vehicle shall be driven only in they direction designated.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.12  DRIVING ON ROADWAYS LANED FOR TRAFFIC.
   (a)   Whenever any street or roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
      (1)   A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
      (2)   Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
      (3)   Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.13  FOLLOWING TOO CLOSELY.
   (a)   The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
   (b)   It shall be unlawful for the operator of any motor truck, registered for a gross weight of more than eight thousand pounds, bus, special mobile equipment or any motor vehicle drawing another vehicle operating upon any roadway outside of a business or residence district, to follow within two hundred feet of another motor truck, bus, special mobile equipment or any motor vehicle drawing another vehicle: provided, that this provision shall not be construed to:
      (1)   Prevent overtaking and passing,
      (2)    Apply upon any lane specially designated for the use of motor trucks or combinations of vehicles, or within any section of a roadway posted or marked as a "no-passing zone,"
      (3)    Apply to any convoy of vehicles of the military service of the United States or of this State and
      (4)    Apply to funeral processions.
   (c)   Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to:
      (1)   Funeral processions; or
      (2)    Any convoy of vehicles of the military service of the United States or of this State.
   (d)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.14  DRIVING ON DIVIDED HIGHWAYS.
   (a)   Whenever any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.15  RIGHT TURNS.
   (a)   Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.16 LEFT TURNS ON TWO-WAY ROADWAYS.
   (a)   At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.17  LEFT TURNS ON OTHER THAN TWO-WAY ROADWAYS.
   (a)   At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. 
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.18  TURNING MOVEMENTS AND REQUIRED SIGNALS.
   (a)   No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required the City Code, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
   (b)    A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
   (c)   No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
   (d)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.19 PEDESTRIANS.
   (a)   When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in section three paragraph (b) of article ten, chapter seventeen –c (17C) of the West Virginia Code.
   (b)   Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
   (c)   Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
   (d)   Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
   (e)   Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
   (f)   Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
   (g)   Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
   (h)   No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.
   (i)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (j)   Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
(Ord. 2007-12.  Passed 9-17-07.)
303.20  OPERATION OF BICYCLES AND PLAY VEHICLES.
   (a)    As used in this article:
      (1)    "Bicycle" means a human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. Such term also includes a human-powered vehicle, and any attachment to such vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way, but does not include a tricycle.
      (2)    "Tricycle" means a three-wheeled human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is nor more than two feet from ground level.
      (3)    "Public roadway" means right-of-way under the jurisdiction and control of the State of West Virginia or the City of St. Albans for use primarily by motor vehicles.
      (4)    "Public bicycle path" means right-of-way under the jurisdiction and control of State of West Virginia or the City of St. Albans thereof for use primarily by bicycles and pedestrians.
      (5)    "Other public right-of-way" means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of State of West Virginia or the City of St. Albans thereof and is designed for use and used by vehicular or pedestrian traffic.
      (6)    "Protective bicycle helmet" means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation's standards for protective headgear or American Society for Testing and Materials (ASTM) for use in bicycling.
      (7)    "Passenger" means any person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
      (8)    "Operator" means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
   (b)    It is a misdemeanor for any person to do any fact forbidden or fail to perform any act required in this article.
   (c)    The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.
   (d)    These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
   (e)    A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
   (f)    No bicycle shall be used to carry more persons at one time than the number of which it is designed and equipped.
   (g)    No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any streetcar or vehicle upon a roadway.
   (h)    Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
   (i)    Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
   (j)   Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such pat and shall not use the roadway.
   (k)    No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
   (1)    Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from the distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. In addition, from dusk to dawn, every bicycle, tricycle or other play vehicle shall only be utilized by using a helmet as described above and a reflective vest.
   (m)    No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
   (n)    Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
   (o)    It is unlawful for any person under fifteen years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
   (p)    It is unlawful for any parent or legal guardian of a person under fifteen years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
   (q)    Notwithstanding any other provision of State Code or Codified Ordinances of the City of St. Albans, any parent or legal guardian violating any requirement set forth in subsection (o) hereof shall be fined ten dollars 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 section one, article eleven, chapter eight of the West Virginia Code, no court costs may be assessed to any person violating the requirements of subsection (o) hereof.
   
   (r)    In the case of a first violation of subsection (o) hereof, 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.
   (s)    It is an absolute defense to a charge for a violation of this section that a parent or legal guardian is unable to pay for the protective bicycle helmet. In ability to pay may be demonstrated by the filling of a financial affidavit in accordance with the provisions of subsection (c), section one, article two, chapter fifty-nine of the West Virginia Code. 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.
(Ord. 2018-08.  Passed 5-7-18.)
303.21  OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
   (a)   Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
      (1)   A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
      (2)   A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
      (3)   A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
      (4)   Any approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
   (b)     No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
   (c)   Any person failing to comply with the requirements of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars or imprisoned for not more than ten days. Provided, that if the electric or mechanical signal device is malfunctioning, this subsection shall not apply.
(Ord. 2007-12.  Passed 9-17-07.)
303.22  STOPPING BEFORE EMERGING FROM ALLEY OR PRIVATE DRIVEWAY.
   (a)   The driver of a vehicle within the City of St. Albans emerging from any alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right-of- way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.23  OVERTAKING AND PASSING SCHOOL BUS.
   (a)   The driver of a vehicle, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus when there is in operation on the school bus flashing warning signal lights, as referred to in West Virginia Code 17C-12-8, and the driver shall not proceed until the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children including, but not limited to, any street, highway, parking lot, private road or driveway.
   (b)   Any driver acting in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the County Jail not more than thirty days, or both fined and imprisoned. If the identity of the driver cannot be ascertained, then any owner or lessee of the vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five nor more than one hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.24  PASSENGER VANS; PASSING PASSENGER VAN.
   (a)   The driver of a vehicle upon meeting or overtaking from any direction any passenger van as defined in West Va. Code 17C-1-64 which has stopped for the purpose of loading or unloading passengers shall stop his or her vehicle before reaching the passenger van when there is in operation on the passenger van flashing warning signal lights or when an adult is outside the passenger van with a red caution flag and assisting with the loading or unloading of passengers. The driver of a vehicle may not proceed until he or she is signaled by the passenger van driver to proceed, the passenger van flashing signal lights are no longer actuated, or the passenger van resumes motion. This section applies wherever the passenger van is loading or unloading children on any street, highway, parking lot, private road or driveway.
   (b)    Any driver acting in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the County or Regional Jail not more than thirty days, or both fined and imprisoned. If the identity of the driver cannot be ascertained, then any owner or lessee of the vehicle in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.25  STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICTS.
   (a)   Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main- traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such highway.
   
   (b)    Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (c)   This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
   (d)   Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main- traveled part of such highway.
   (e)   Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.  (Ord. 2007-12.  Passed 9-17-07.)
303.26  STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED  PLACES; PENALTY.
   (a)   No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
      (1)   On a sidewalk;
      (2)   In front of a public or private driveway;
      (3)   Within an intersection;
      (4)   Within fifteen feet of a fire hydrant;
      (5)   In a properly designated fire lane;
      (6)   On a crosswalk;
      (7)   Within twenty feet of a crosswalk at an intersection;
      (8)   Within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
      (9)   Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
      (10)   Within fifty feet of the nearest rail of a railroad crossing;
      (11)   Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance (when properly signposted);
      (12)   Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
      (13)   On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
      (14)   On any bridge or other elevated structure on a highway or within a highway tunnel;
      (15)   At any place where official signs prohibit stopping;
      (16)   Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if the parking interferes with or causes delay in the carriers schedule;
      (17)   On any controlled-access highway;
      (18)   At any place on any highway where the safety and convenience of the traveling public is thereby endangered;
      (19)   On any public property or right-of-way not otherwise indicated by official signs or markings authorizing parking, to include, but not limited to, any grassy or unpaved public property, to include grassy areas adjacent to public streets whether paved, or unpaved, with or without sidewalks.  (Ord. 2014-04.  Passed 2-18-14.)
   (b)   No person shall move a vehicle not lawfully under his or her control into any prohibited area or away from a curb such distance as is unlawful.
   (c)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars, provided, however, that any person violating subsection (a)(5) hereof, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined twenty-five dollars ($25.00) for a first offense violation, provided that the fine shall be fifty dollars ($50.00) if not paid within 10 days of the citation, complaint or warrant being issued, fined one hundred dollars ($100.00) for a second offense violation which occurs within one year, and fined tow hundred dollars ($200.00) and/or imprisoned not more than thirty (30) days, or both fined and imprisoned for a third offense violation.
   If after thirty days a citation issued under this article remains unpaid the Municipal Court Clerk shall then cause to be sent by first class mail a notice informing the offender that if  the citation is unpaid proceedings will be instituted in Municipal Court against them.
(Ord. 2009-20.  Passed 12-7-09.)
303.26A PARKING OVERSIZED VEHICLES ON RESIDENTIAL STREET PROHIBITED.
   (a)   No person, firm, corporation or legal entity shall park on any street, alley, or public way within the City, any truck, trailer, road tractor, trailer, motorhome or other vehicle of a total outside width, including any load thereon, as measured at its widest point of more than eighty-four inches (seven feet); or a total height, including any load thereon, at its highest point as measured from ground level, of more than ninety-six inches (eight feet).  Each twenty-four hour period of violation of this section shall constitute a separate offense.
   (b)    The Mayor or Chief of Police may grant by special permit, not to exceed seventy- two hours in duration, exceptions for compliance with this section in the event of parades, emergencies, or other unusual circumstance.
   (c)    This section does not pertain to heavy equipment construction vehicles actively engaged in residential or commercial construction, demolition or other activities permitted and monitored by the City Building Official.  However, in no case shall such vehicle be left parked on any City street, alley or public way overnight.
   (d)    Whoever violates this section will be subject to a citation with a penalty of not less than fifty dollars nor more than five hundred dollars per offense.
(Ord. 2007-12.  Passed 9-17-07.)
303.27  RIGHT PARALLEL PARKING.
   Except as otherwise provided in this Code, every vehicle stopped or parked upon a roadway or street where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.28  STOPPING, STANDING OR PARKING PRIVILEGES FOR PERSONS WITH A MOBILITY IMPAIRMENT.
   (a)   Any person whose vehicle properly displays a valid, unexpired special registration plate or removable windshield placard may park the vehicle for unlimited periods of time in parking zones unrestricted as to length of parking time permitted: provided, that this privilege does not mean that the vehicle may park in any zone where stopping, standing or parking is prohibited or which creates parking zones for special types of vehicles or which prohibits parking during heavy traffic periods during specified rush hours or where parking would clearly present a traffic hazard. To the extent any provision of any ordinance of any political subdivision of this State is contrary to the provisions of this section, the provisions of this section take precedence and apply.
   (b)   The parking privileges provided for in this section apply only during those times when the vehicle is being used for the loading or unloading of a person with a mobility impairment. Any person who knowingly exercises, or attempts to exercise, these privileges at a time when the vehicle is not being used for the loading or unloading of a person with a mobility impairment is guilty of a misdemeanor and, upon first conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined one hundred dollars; upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars; and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars.
   (c)   Any person whose vehicle does not display a valid, special registration plate or removable windshield placard may not stop, stand or park a motor vehicle in an area designated, zoned or marked for accessible parking with signs or instructions displaying the international symbol of access, either by itself or with explanatory text. The signs may be mounted on a post or a wall in front of the accessible parking space and instructions may appear on the ground or pavement, but use of both methods is preferred. Accessible parking spaces for vans having an eight-foot adjacent access aisle should be designated as "van accessible" but may be used by any vehicle displaying a valid special registration plate or removable windshield placard. These spaces are intended solely for persons with a mobility impairment, as defined in this section: provided, that any person in the act of transporting a person with a mobility impairment as defined in this section, may stop, stand or park a motor vehicle not displaying a special registration plate or removable windshield placard in the area designated for accessible parking by the international symbol of access for the limited purposes of loading or unloading a passenger with a mobility impairment: provided, however, that the vehicle shall be promptly moved after the completion of this limited purpose.
   (d)   Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined one hundred dollars; upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined two hundred dollars; and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.29  UNATTENDED MOTOR VEHICLE.
   (a)   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.30  LIMITATIONS ON BACKING.
   (a)   The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.31  OBSTRUCTION TO DRIVER’S VIEW OR DRIVING MECHANISM.
   (a)   No person shall drive a vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
   (b)   No passenger in a vehicle shall ride in such position as to interfere with the driver's or operator's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle or streetcar.
   (c)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.32  PASSENGERS IN SEAT WITH OPERATOR.
   (a)   No more than three persons including the operator shall ride or be permitted by such operator to ride in the seat with the operator of any motor vehicle while said motor vehicle is being operated on the streets or highways of this City: provided, that the limitation of this section shall not apply to a truck cab or truck crew compartment properly designed for the occupancy of four persons including the operator, and so designated on the registration card by the division of motor vehicles.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.33 PASSENGERS ON RUNNING BOARD.
   (a)   No passenger shall ride nor shall the operator permit any passenger to ride on the running boards of any motor vehicle while such vehicle is being operated on the streets or highways of this State.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.34  FOLLOWING AUTHORIZED EMERGENCY VEHICLES.
   (a)   The driver of any vehicle other than one on official business may not follow any authorized emergency vehicle traveling in response to a fire alarm or other emergency closer than five hundred feet or drive into or park such vehicle within the block where such authorized emergency vehicle has stopped in answer to a fire alarm or other emergency.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (c)   The driver of any vehicle approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, shall:
      (1)   Proceed with due caution, yield the right-of-way by making a lane change not adjacent to that of the authorized emergency vehicle, if possible with regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle and reduce speed to a safe level for road conditions; or
      (2)   Proceed with due caution, reduce the speed of the vehicle, maintaining a safe speed not to exceed fifteen miles per hour on any nondivided highway or street and twenty-five miles per hour on any divided highway depending on road conditions, if changing lanes would be impossible or unsafe.
   (d)   (1)   Any person who violates any subsection of this section is guilty of a  misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the County or Regional Jail not more than thirty days, or both fined and imprisoned.
      (2)   If violation of this section results in property damage in addition to any other penalty imposed, driving privileges of the persons causing the property damage shall be suspended for ninety days by order of the West Virginia Division of Motor Vehicles.
      (3)   If violation of this section results in injury to another person in addition to any other penalty imposed, the driving privileges of the person causing the injury shall be suspended for six months by order of the West Virginia Division of Motor Vehicles.
      (4)   If violation of this section results in the death of another person in addition to any other penalty imposed, the driving privileges of the person causing the death shall be suspended for two years by order of the West Virginia Division of Motor Vehicles.
         (Ord. 2007-12.  Passed 9-17-07.)
303.35  CROSSING FIRE HOSE.
   (a)   No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.36  PUTTING GLASS, ETC., ON HIGHWAY.
   (a)   No person shall throw or deposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such street or highway.
   (b)   Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
   (c)   Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle.
   (d)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.37  VEHICLES PARKED ON PRIVATE PROPERTY.
   (a)   It shall be unlawful for any driver of a vehicle to stop, park or leave standing unattended any vehicle on a private road or driveway or on private property without having express or implied permission from the owner, tenant or lessee of such land.
   (b)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.
   (c)   The owner, tenant or lessee of such private road or driveway or private property may move, or have moved, any vehicle stopped, parked or left standing unattended on his or her private road, driveway, or private property as above prohibited without any liability for the cost of moving any vehicle, nor shall he or she be liable to the owner of the vehicle for any damage done to such vehicle in moving it, unless the owner, tenant or lessee of such private road or driveway or private property was negligent in removing or authorizing the removal of the vehicle. The owner of such vehicle shall be responsible to the persons removing such vehicle for paying all removal costs. Any person who removes any vehicle under the provisions of this section shall notify the St. Albans City Police of such action.
(Ord. 2007-12.  Passed 9-17-07.)
303.38  POLICE OFFICERS AUTHORIZED TO CONDUCT INVESTIGATIONS  ON PRIVATE PROPERTY.
   Notwithstanding any provision of law to the contrary, nothing may prohibit any duly authorized municipal police officer from entering upon private lands in order to investigate a motor vehicle accident when said private lands are open to the use of the public at-large for any purpose.  (Ord. 2007-12.  Passed 9-17-07.)
303.39  UNLAWFUL TO LITTER FROM MOTOR VEHICLE.
   (a)   It is unlawful for any driver or passenger of a motor vehicle or other conveyance to place, deposit, dump, throw or cause to be placed, deposited, dumped or thrown, any litter from a motor vehicle or other conveyance in or upon any public or private highway, road, street or alley; any private property; any public property; or the waters of the State or within one hundred feet of the waters of this State, except in a proper litter or other solid waste receptacle.
   (b)   For purposes of this section, "litter" means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
   (c)   In addition to any penalty imposed for littering under the provisions of article fifteen-a, chapter twenty-two of the West Virginia Code, any driver of a motor vehicle or other conveyance convicted of violating this section shall have three points assessed against his or her driver's license.
   (d)   When there is more than one occupant in a motor vehicle or other conveyance and it cannot be determined which occupant is responsible for violating this section, the driver shall be presumed to be responsible for the violation.
   (e)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof,  he or she is subject to a fine of not less than fifty dollars nor more than one thousand dollars, or in the discretion of the court, sentenced to perform community service by cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the City of St. Albans, as designated by the court, for not less than eight nor more than sixteen hours, or both.  Any person convicted of a second or subsequent violation of this section is subject to double the authorized range of fines and community service for the subsection violated.
(Ord. 2007-12.  Passed 9-17-07.)
303.40 UNSAFE AND IMPROPERLY EQUIPPED VEHICLES; ADDITIONAL PARTS AND ACCESSORIES; SPECIAL RESTRICTIONS ON LAMPS.
   (a)    General Provisions.
      (1)   It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of this article, or for any person to do any act forbidden or fail to perform any act required under this article.
      (2)   Nothing contained in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this article.
      (3)   The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. Every farm tractor equipped with an electric lighting system shall at all times mentioned in this article display a red tail lamp and either multiple-beam or single-beam head lamps meeting the requirements of West Virginia Code.
      (4)   Every vehicle other than a school bus, motorcycle, motor-driven cycle or moped operated upon a street or highway within this City at any time from sunset to sunrise, or during fog, smoke, rain or other unfavorable atmospheric conditions, or at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead, shall display lighted head lamps and illuminating devices as hereinafter respectively required for different classes of vehicles. Every school bus, motorcycle, motor-driven cycle and moped shall display lighted head lamps at all times when upon the highway.
      (5)   Every motor vehicle other than a motorcycle, motor- driven cycle or moped shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this article.
      (6)   Every motorcycle, motor-driven cycle and moped shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this article.
      (7)   Every head lamp upon every motor vehicle, including every motorcycle, motordriven cycle and moped, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth as follows:
         A.   Whenever requirement is herein declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible said  provisions shall apply during the times stated in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
         B.   Whenever requirement is herein declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
   
   (b)   Lamps or Illuminating Devices.
      (1)   Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
      (2)   No person may drive or move any vehicle or equipment upon any highway with any lamp or device on the vehicle displaying other than a white or amber light visible from directly in front of the center of the vehicle except as authorized by subsection (b)(4) hereof.
      (3)   Except as authorized in subsections (b)(4) and (6) hereof and authorized in West Virginia Code  17C-15-19, flashing lights are prohibited on motor vehicles: provided, that any vehicle as a means for indicating right or left turn or any vehicle as a means of indicating the same is disabled or otherwise stopped for an emergency may have blinking or flashing lights.
      (4)   Notwithstanding any other provisions of this article, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
         A.   Blue flashing warning lights are restricted to police vehicles. Authorization for police vehicles shall be designated by the chief administrative official of each police department.
         B.   Except for standard vehicle equipment authorized by section nineteen [§17C-15-19] of this article, red flashing warning lights are restricted to the following:
            1.   Ambulances;
            2.   Fire-fighting vehicles;
            3.   Hazardous material response vehicles;
            4.   Industrial fire brigade vehicles;
            5.   Rescue squad vehicles not operating out of a fire department;
            6.   School buses;
            7.   Class A vehicles, as defined by section one [§ 17A-10-1], article ten, chapter seventeen-a of the West Virginia Code, of those firefighters who are authorized by their fire chiefs to have the lights;
            8.   Class A vehicles of members of duly chartered rescue squads not operating out of a fire department;
            9.   Class A vehicles of members of ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
            10.   Class A vehicles of out-of-state residents who are active members of West Virginia fire departments, ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
            11.   West Virginia Department of Agriculture emergency response vehicles;
            12.   Vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management; and
            13.   Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
Red flashing warning lights attached to a Class A vehicle may be operated only when responding to or engaged in handling an emergency requiring the attention of the firefighters, members of the ambulance services or chartered rescue squads.
         C.   The use of red flashing warning lights is authorized as follows:
            1.   Authorization for all ambulances shall be designated by the Department of Health and Human Resources and the sheriff of the county of residence.
            2.   Authorization for all fire department vehicles shall be designated by the fire chief and the State Fire Marshal's office.
            3.   Authorization for all hazardous material response vehicles and industrial fire brigades shall be designated by the chief of the fire department and the State Fire Marshal's office.
            4.   Authorization for all rescue squad vehicles not operating out of a fire department shall be designated by the squad chief, the sheriff of the county of residence and the Department of Health and Human Resources.
            5.   Authorization for school buses shall be designated as set out in section twelve[§ 17C-14-12], article fourteen of West Virginia Code Chapter 17C.
            6.   Authorization for firefighters to operate Class A vehicles shall be designated by their fire chiefs and the State Fire Marshal's office.
            7.   Authorization for members of ambulance services or any other emergency medical service personnel to operate Class A vehicles shall be designated by their chief official, the Department of Health and Human Resources and the sheriff of the county of residence.
            8.   Authorization for members of duly chartered rescue  squads not operating out of a fire department to operate Class A vehicles shall be designated by their squad chiefs, the sheriff of the county of residence and the Department of Health and Human Resources.
            9.   Authorization for out-of-state residents operating Class A  vehicles who are active members of a West Virginia fire department, ambulance services or duly chartered rescue squads shall be designated by their respective chiefs.
            10.   Authorization for West Virginia Department of Agriculture emergency response vehicles shall be designated by the Commissioner of the Department of Agriculture.
            11.   Authorization for vehicles for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management shall be designated by the Secretary of the Department of Military Affairs and Public Safety.
            12.   Authorization for Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
         D.   Yellow or amber flashing warning lights are restricted to the following:
            1.   All other emergency vehicles, including tow trucks and wreckers, authorized by this chapter and by section twenty-seven [§ 17C-15-27] of West Virginia Code 17C-15;
            2.   Postal service vehicles and rural mail carriers, as authorized in section nineteen[§ 17C-15-19] of West Virginia Code 17C-15;
            3.   Rural newspaper delivery vehicles;
            4.   Flag car services;
            5.   Vehicles providing road service to disabled vehicles;
            6.   Service vehicles of a public service corporation;
            7.   Snow removal equipment;
            8.   School buses; and
            9.   Automotive fire apparatus owned by a municipality or other political subdivision, by a volunteer or part-volunteer fire company or department or by an industrial fire brigade.
         E.   The use of yellow or amber flashing warning lights shall be authorized as follows:
            1.   Authorization for tow trucks, wreckers, rural newspaper  delivery vehicles, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation and postal service vehicles shall be designated by the sheriff of the county of residence.
            2.   Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways.
            3.   Authorization for school buses shall be designated as set out in section twelve [§ 17C-14-12], article fourteen of West Virginia Chapter 17C.
            4.   Authorization for automotive fire apparatus shall be designated by the fire chief in conformity with the NFPA 1901 Standard for Automotive Fire Apparatus as published by the National Fire Protection Association (NFPA) on the eighteenth day of July, two thousand three, and adopted by the State Fire Commission by legislative rule (87 CSR 1, et seq.), except as follows:
               a.   With the approval of the State Fire Marshal, used automotive fire apparatus may be conformed to the NFPA standard in effect on the date of its manufacture or conformed to a later NFPA standard; and
               b.   Automotive fire apparatus may be equipped with  blinking or flashing headlamps.
      (5)   Notwithstanding the foregoing provisions of this section, any vehicle belonging to a county board of education, an organization receiving funding from the state or Federal Transit Administration for the purpose of providing general public transportation or hauling solid waste may be equipped with a white flashing strobotron warning light. This strobe light may be installed on the roof of a school bus, a public transportation vehicle or a vehicle hauling solid waste not to exceed one-third the body length forward from the rear of the roof edge. The light shall have a single clear lens emitting light three hundred sixty degrees around its vertical axis and may not extend above the roof more than six and one-half inches. A manual switch and a pilot light must be included to indicate the light is in operation.
      (6)   It is unlawful for flashing warning lights of an unauthorized color to be installed or used on a vehicle other than as specified in this section, except that a police vehicle may be equipped with either or both blue or red warning lights.
         (Ord. 2011-05.  Passed 4-4-11.)
303.41  SUN SCREENING DEVICES.
   (a)   No person may operate a motor vehicle that is registered or required to be registered in the City on any public highway, road or street that has a sun screening device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this section: provided, that law-enforcement K-9 and other emergency vehicles that are designed to haul animals are exempt from this requirement.
   (b)   A sun screening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow or amber in color. A sun screening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.
   (c)   A sun screening device when used in conjunction with the automotive safety glazing materials of the side wings or side windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty percent and have a light transmission of not less than thirty-five percent. The side windows behind the driver and the rear most windows may have a sun screening device that is designed to be used on automotive safety glazing materials that has a light transmission of not less than thirty-five percent and a reflectivity of not more than twenty percent. If a sun screening device is used on glazing behind the driver, one right and one left outside rear view mirror is required.
   (d)   As used in this section:
      (1)   "Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.
      (2)   "Light transmission" means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material.
      (3)   "Luminous reflectants" means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.
      (4)   "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun.
      (5)   "Motor homes" means vehicular units designed to provide temporary living quarters built into and being an integral part of or permanently attached to a self-propelled motor vehicle chassis.
      (6)   "Multipurpose passenger vehicle" means a motor vehicle with motive power, except a trailer, designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.
      (7)   "Nonreflective" means a product or material designed to absorb light rather than to reflect it.
      (8)   "Passenger car" means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle or trailer, designed for carrying ten persons or less.
      (9)   "Sun screening device" means film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
      (10)   "Truck" means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.
   (e)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars.
(Ord. 2007-12.  Passed 9-17-07.)
303.42  OPERATION OF VEHICLES WITH SAFETY BELTS.
   (a)   A person may not operate a passenger vehicle on a public street or highway of this City unless the person, any passenger in the back seat under eighteen years of age, and any passenger in the front seat of such passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this section, the term "passenger vehicle" means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such term does not include a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section shall apply to all passenger vehicles manufactured after the first day of January, one thousand nine hundred sixty-seven, and being 1968 models and newer.
   (b)   The required use of safety belts as provided herein does not apply to a duly appointed or contracted rural mail carrier of the United States postal service who is actually making mail deliveries or to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety belt if the condition is duly certified by a physician who shall state the nature of the disability as well as the reason such restraint is inappropriate. The Division of Motor Vehicles shall adopt rules, in accordance with the provisions of chapter twenty-nine-a of the West Virginia Code, to establish a method to certify the physical disability and to require use of an alternative restraint system where feasible or to waive the requirement for the use of any restraint system.
   (c)   Any person who violates the provisions of this section shall be fined not more than twenty-five dollars. No court costs or other fees shall be assessed for a violation of this section. Enforcement of this section shall be accomplished only as a secondary action when a driver of a passenger vehicle has been detained for probable cause of violating another section of the Codified Ordinances of the City of St. Albans or West Virginia Code.
(Ord. 2007-12.  Passed 9-17-07.)