(a) Definition. For the purpose of this section the term motorized recreational apparatus shall include but not be limited to the following: all terrain vehicle (ATV) as defined by West Virginia Code 17A-1-1(ii), go-cart; golf cart; unregistered off road motorized dirt bike, whether two or three wheeled; snowmobile as defined by West Virginia Code 17A-1-1(mm); or, given the Town's terrain and climate, any other such motorized apparatus which would appear to be used for the principle purpose of recreation and not for the general transportation of persons or goods.
(b) Prohibition.
(1) No person shall operate, ride upon or use any motorized recreational apparatus for transportation or recreational purposes, within or upon the public streets, roads, alleys, ways, sidewalks and cross walks or upon any other real property, which is publicly owned, leased or controlled, within the corporate limits of the Town of Star City.
(2) No person shall knowingly permit another person to operate, ride upon or use any motorized recreational apparatus for transportation or recreational purposes, within or upon the public streets, roads, alleys, ways, sidewalks and crosswalks or upon any other real property, which is publicly owned, leased or controlled, within the corporate limits of the Town of Star City.
(3) A parent, custodian or guardian of a minor commits an offense hereunder if said parent, custodian or guardian knowingly permits or by insufficient control allows said minor to operate, ride upon or use any motorized recreational apparatus for transportation or recreational purposes, within or upon the public streets, roads, alleys, ways, sidewalks and crosswalks or upon any other real property which is publicly owned, leased or controlled, within the corporate limits of the Town of Star City. The term "knowingly" includes knowledge that the parent, custodian or guardian should reasonably be expected to have concerning the whereabouts of said minor in his or her custody. This requirement is intended to hold a neglectful or careless parent, custodian or guardian up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that the parent or guardian was completely indifferent to the activities or conduct of such minor.
(c) Penalty.
(1) Any violation of the prohibitions contained in this section shall constitute the commission of a misdemeanor offense, and the Police Department for the Town of Star City, or any other law enforcement officer of any other policing agency exercising proper jurisdiction within the corporate limits of the Town of Star City, is hereby authorized and empowered to issue a citation and to charge any person who violates the prohibitions contained in this section, jurisdiction thereof being in the Municipal Court for the Town of Star City.
(2) A person convicted of violating the prohibitions contained in this section shall be punished as follows:
A. First offense conviction: Any person convicted of a first offense shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) together with applicable court costs;
B. Second offense conviction: Any person convicted of a second offense shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) together with applicable court costs;
C. Third offense conviction: Any person convicted of a third offense shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) together with applicable court costs.
(d) Exceptions. Notwithstanding any other provision of this section, it shall not be an offense for any person to use, ride or operate a motorized recreational apparatus within the corporate limits of the Town of Star City as follows:
(1) Upon a designated parade route, when such person or persons is a duly registered and recognized participant in a parade which has been duly permitted by the Town of Star City in accordance with the provisions of Section 311.04
;
(2) Upon private property;
(3) Upon property otherwise restricted as to such use, when such person or persons are participants in a duly organized exhibition or competition which has been duly permitted by the Town of Star City in accordance with the provisions of Section 311.04
;
(4) In a natural disaster; emergency; or in a situation requiring immediate action so as to prevent death or serious bodily injury or property damage;
(5) Upon property otherwise restricted as to such use, when such person or persons are performing snow removal services; or
(e) Disclaimer. Nothing contained herein is intended to nor shall it be construed so as to create or form the basis for any civil or administrative liability whatsoever on the part of the Town of Star City, or any of its officers, agents, insurers, for any injury or damage sustained by any person whomsoever as a consequence of any action or inaction on the part of the Town of Star City as related in any manner to the enforcement or non-enforcement of the provisions of this section.
(f) Severability. In any portion of this section, or its application to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not effect the remaining portions of this section. Town Council hereby declares that it would have enacted the remaining portions regardless of whether any part of this ordinance is declared unconstitutional or invalid.
(Passed 2-13-18.)