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Saint Marys Overview
Codified Ordinances of Saint Marys, WV
CODIFIED ORDINANCES OF THE CITY OF ST. MARYS, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
CHAPTER ONE - Administration
CHAPTER THREE - Streets and Traffic Control Devices.
CHAPTER FIVE - Vehicular Operation
ARTICLE 331 Crashes
ARTICLE 333 Driving Under the Influence; Reckless Driving
ARTICLE 334 Open Container Law
ARTICLE 335 Speed Restrictions
ARTICLE 337 Driving on Right; Passing
ARTICLE 339 Turning and Starting; Signals
ARTICLE 341 Right of Way
ARTICLE 343 Special Stops Required
ARTICLE 345 Safety and Equipment
345.01 DRIVING UNSAFE VEHICLES; APPLICATION; FARM AND ROAD EQUIPMENT EXCEPTIONS.
345.02 WHEN LIGHTED LIGHTS REQUIRED.
345.03 MEASUREMENT OF DISTANCES AND HEIGHTS.
345.04 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.
345.05 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.
345.06 RED LIGHT OR RED FLAG ON EXTENDED LOADS.
345.07 LIGHTS ON PARKED OR STOPPED VEHICLES.
345.08 LIGHTS ON SLOW-MOVING VEHICLES.
345.09 SPOTLIGHTS AND AUXILIARY LIGHTS.
345.10 SIGNAL LAMPS AND SIGNAL DEVICES.
345.11 COWL, FENDER AND BACK-UP LIGHTS; FLASHING HAZARD LIGHTS.
345.12 MULTIPLE-BEAM ROAD-LIGHTING EQUIPMENT REQUIREMENTS.
345.13 USE OF HEADLIGHT BEAMS.
345.14 SINGLE-BEAM ROAD-LIGHTING EQUIPMENT.
345.15 LIGHTS ON MOTORCYCLES, MOTOR-DRIVEN CYCLES AND MOPEDS.
345.16 ALTERNATE ROAD-LIGHTING EQUIPMENT.
345.17 NUMBER OF DRIVING LIGHTS REQUIRED OR PERMITTED.
345.18 SPECIAL RESTRICTIONS ON LIGHTS.
345.19 MOTOR VEHICLE OR MOTORCYCLE BRAKES.
345.20 INSPECTION OF BRAKES ON MOTORCYCLES, MOTOR-DRIVEN CYCLES AND MOPEDS.
345.21 HORN, SIREN AND THEFT ALARM SIGNAL.
345.22 MUFFLERS; PREVENTION OF NOISE.
345.23 REAR-VIEW MIRROR.
345.24 WINDSHIELD TO BE UNOBSTRUCTED; WINDSHIELD WIPER.
345.25 TIRE EQUIPMENT RESTRICTIONS.
345.26 SAFETY GLASS IN MOTOR VEHICLES.
345.27 VEHICLES TRANSPORTING EXPLOSIVES.
345.28 VIDEO SCREENS AND MONITORS, TELEVISION RECEIVERS IN VIEW OF DRIVER PROHIBITED.
345.29 SAFETY EQUIPMENT FOR MOTORCYCLISTS, MOTORCYCLES, MOTOR-DRIVEN CYCLES AND MOPEDS.
345.30 CERTIFICATION LABELS ON MOPEDS.
345.31 CHILD PASSENGER SAFETY DEVICES REQUIRED; CHILD SAFETY SEATS AND BOOSTER SEATS.
345.32 CERTIFICATE OF INSPECTION AND APPROVAL.
345.33 ALTERATION OF MOTOR VEHICLES; BUMPER HEIGHT LIMITS.
345.34 SUN SCREENING DEVICES.
345.35 OPERATION OF VEHICLES WITH SAFETY BELTS.
345.99 PENALTY.
ARTICLE 347 Commercial and Heavy Vehicles
ARTICLE 349 Miscellaneous Rules
ARTICLE 351 Licensing Generally
ARTICLE 353 Commercial Drivers
CHAPTER SEVEN - Parking
CHAPTER NINE - Pedestrians and Bicycles
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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345.28  VIDEO SCREENS AND MONITORS, TELEVISION RECEIVERS IN VIEW OF DRIVER PROHIBITED.
   (a)   No motor vehicle may be operated on a street or highway when equipped with a television receiver, video monitor, television or video screen unless the receiver, screen or monitor is configured so that the moving images are not in view of the operator while the vehicle is in motion, or if falls within one or more of the categories set forth in subsection (b) or (c) of this section.
   (b)   This prohibition does not apply to the following equipment installed in a vehicle:
      (1)   A visual display if it does not show video or television broadcast images in view of the operator while the motor vehicle is in motion;
      (2)   A global positioning device;
      (3)   A mapping display;
      (4)   A visual display used to enhance or  supplement the driver’s view forward, behind or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;
      (5)   A visual display used to enhance or supplement a driver’s view of vehicle occupants; or
      (6)   Television-type receiving equipment used exclusively for safety or traffic engineering information.
   (c)   A television receiver, video monitor, television or video screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display described in subsection (b)(1) to (6) of this section.  (WVaC 17-C-15-42)
345.29  SAFETY EQUIPMENT FOR MOTORCYCLISTS, MOTORCYCLES,  MOTOR-DRIVEN CYCLES AND MOPEDS.
   (a)   No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing securely fastened on his head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces.  Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.
   (b)   No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1.  In addition, if any motorcycle, motor-driven cycle or moped is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.
   (c)   No person shall operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner.
   (d)   A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle.  No operator shall carry any other person nor shall any other person ride on such a vehicle unless the vehicle is designed to carry more than one person, in which event a passenger may ride behind the operator upon the permanent operator's seat if it is designed for two persons, or upon another seat firmly attached to the vehicle to the rear of the operator's seat and equipped with footrests designed and located for use by the passenger or in a sidecar firmly attached to the vehicle.  No person shall ride sidesaddle on a seat.  An operator may carry as many passengers as there are seats and footrests to accommodate those passengers.  Additional passengers may be carried in a factory produced side car provided that there is one passenger per seat.  Passengers riding in a sidecar shall be restrained by safety belts.
   (e)   Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a distance of at least 200 feet. 
   (f)   (1)   “Autocycle” means a fully or partially enclosed motorcycle that is equipped with safety belts, rollover protection, a rearview mirror, automotive seating, a steering wheel and equipment otherwise required on a motorcycle and which has no more than three wheels in contact with the roadway at any one time.  (WVaC 17C-1-69)
      (2)   Notwithstanding any provision of this code to the contrary, a person with a valid driver’s license who is operating a fully enclosed autocycle, as defined in subsection (f)(1) hereof, is exempt from the provisions of this section.  (WVaC 17-C-15-44)
345.30  CERTIFICATION LABELS ON MOPEDS.
   Every moped sold in this Municipality shall have permanently affixed to it a certification label which shall contain the following information:
   (1)   Name of manufacturer;
   (2)   Month and year of manufacture;
   (3)   Gross vehicle weight rating (GVWR);
   (4)   Gross axle weight rating for front and rear axles (GAWR);
   (5)   Vehicle identification number;
   (6)   Classification type; and
   (7)   Statement of conformance to Federal standards as required by Federal law.  (WVaC 17C-15-45)
345.31  CHILD PASSENGER SAFETY DEVICES REQUIRED; CHILD SAFETY SEATS AND BOOSTER SEATS.
   Every driver who transports a child under the age of eight years in a passenger automobile, van or pickup truck other than one operated for hire shall, while the motor vehicle is in motion and operated on a street or highway, provide for the protection of the child by properly placing, maintaining and securing the child in a child passenger safety device system meeting applicable federal motor vehicle safety standards; provided, that if a child is under the age of eight years and at least four feet nine inches tall, a safety belt shall be sufficient to meet the requirements of this section.
   Any person who violates any provision of this section shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00).
   A violation of this section does not by virtue of the violation constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
   If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity may not affect other provisions or applications of this section and to this end the subsections of this section are declared to be severable.
   If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver may not be considered in violation of this section.  (WVaC 17C-15-46)
345.32  CERTIFICATE OF INSPECTION AND APPROVAL.
   No owner or operator of any vehicle required to be inspected under West Virginia Code Article 17C-16 shall operate or permit to be operated such vehicle without having displayed thereon a current and valid certificate of inspection and approval or fail to produce same upon demand of any authorized person as therein designated. 
(WVaC 17C-16-9)
345.33  ALTERATION OF MOTOR VEHICLES; BUMPER HEIGHT LIMITS.
   (a)   No person shall operate upon a public street or highway any motor vehicle registered or required to be registered in this State if it has been modified by alteration of its height from the ground to the extent that its bumpers, measured to any point on the lower edge of the main horizontal bumper bar, exclusive of any bumper guards, do not fall within the limits specified herein for its gross vehicle weight rating category.  The front and rear bumper height of motor vehicles whose gross vehicle weight rating is 10,000 pounds or less shall be no less than six inches and no more than thirty-one inches.  In the absence of bumpers, and in cases where bumper heights have been altered or modified, height measurements shall be made to the bottom of the frame rail.  If a motor vehicle has a bumper, the bumper must be at least three inches in vertical width, centered on the center line of the motor vehicle and not less than the width of the wheel track distance.  The provisions of this subsection do not apply to motor vehicles with a gross vehicle weight rating in excess of 10,000 pounds.  For the purpose of this subsection, the term "gross vehicle weight ratings" means the manufacturer's gross vehicle weight ratings established for that vehicle.
   (b)   The maximum distance between the vehicle body to the vehicle frame shall not exceed three inches.  The distance from the vehicle body to the vehicle frame shall be measured from the vehicle body mount seat to the vehicle frame mount seat:  provided, that the maximum distance limitation shall not prohibit a body lift kit up to three inches to be added to the manufacturer's original spacer between the body and the frame.  No vehicle shall be modified to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation.  No part of the original suspension system may be disconnected to defeat the safe operation of the suspension system.  Modification of the front end suspension by the use of lift blocks is expressly prohibited.
   (c)   Nothing contained in this section prevents the installation of heavy duty equipment, including shock absorbers and overload springs.
   (d)   Nothing contained in this section prohibits the operation on a public street or highway of a motor vehicle with normal wear to the suspension system if such normal wear does not adversely affect the control of the vehicle.
   (e)   This section does not apply to specially designed or modified motor vehicles when operated off the public streets and highways in races and similar events.  Such motor vehicles may be lawfully towed on the streets and highways of this Municipality.
   (f)   Modifications to motor vehicles, not prohibited herein, shall be made subject to inspection as provided in subsection (h) hereof.
   (g)   Nothing contained in this section shall subject a vehicle modified solely by the installation of tires not larger than two sizes beyond the maximum specified by the manufacturer to inspection as provided in subsection (h) hereof.
   (h)   Any motor vehicle which has been altered from the manufacturer's specification with respect to bumper height for that vehicle make and model but within the allowable limits of subsection (a) hereof or any motor vehicle which has been altered from the manufacturer's specification for that vehicle make and model with respect to the distance from the vehicle body to vehicle frame but within the allowable limits of subsection (b) hereof may be operated upon a public street or highway in this Municipality, subject to inspection under West Virginia Code 17C-15-48:  provided, that any motor vehicle which has been altered from the manufacturer's specification by lowering the bumper height for that vehicle make and model within the allowable limits of subsection (a) hereof shall be exempt from the inspection requirements hereunder and may be operated upon a public street or highway in this Municipality subject to provisions of West Virginia Code Chapter 17C-16.  Each municipal law-enforcement agency must record on crash report forms whether a modified vehicle was involved in the crash.
(WVaC 17C-15-48)
345.34  SUN SCREENING DEVICES.
   (a)    No person may operate a motor vehicle that is registered or required to be registered in the State 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 (20%) and have a light transmission of not less than thirty-five percent (35%).  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 (35%) and a reflectivity of not more than twenty percent (20%).  If a sun screening device is used on glazing behind the driver, one right and one left outside rear view mirror is required.
   (d)   Each manufacturer shall:
      (1)   Certify to the State Police and Division of Motor Vehicles that a sun screening device used by it is in compliance with the reflectivity and transmittance requirements of this section;
      (2)   Provide a label not to exceed one and one-half square inches in size, with a means for the permanent and legible installations between the sun screening material and each glazing surface to which it is applied that contains the manufacturer's name and its percentage of light transmission; and
      (3)   Include instructions with the product or material for proper installation, including the affixing of the label specified in this section.  The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside.
   (e)   No person shall:
      (1)   Offer for sale or for use any sun screening product or material for motor vehicle use not in compliance with this section; or
      (2)   Install any sun screening product or material on vehicles intended for use on public roads without permanently affixing the label specified in this section.
   (f)   The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sun screening material which would be of a light transmittance or luminous reflectance in violation of this section.  The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle. 
   (g)   The light transmittance requirement of this section does not apply to windows behind the driver on trucks, buses, trailers, mobile homes and multipurpose passenger vehicles.
   (h)   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 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 offroad 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.
         (WVaC 17C-15-36a)
345.35  OPERATION OF VEHICLES WITH SAFETY BELTS.
   (a)   A person may not operate a passenger vehicle on a public street or highway 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 fifteen passengers or less, including the driver, except that the 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 January 1, 1967, and being 1968 models and newer.
   (b)   The required use of safety belts as provided in this section 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 the safety belt if the condition is duly certified by a physician who states the nature of the disability as well as the reason such restraint is inappropriate.
   (c)   Any person who violates the provisions of this section shall be fined twenty-five dollars ($25.00).  No court costs or other fees may be assessed for a violation of this section.
   (d)   Notwithstanding any other provision of this Code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section.
   (e)   This section does not abrogate or alter the provisions of Section 345.31 relating to the mandatory use of child passenger safety devices.
(WVaC 17C-15-49)
345.99  PENALTY.
   (a)   General Article Penalty.  Unless otherwise provided for in this article, any person violating any provision of this article shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
   (b)   Brakes.  Any person violating Sections 345.19 or 345.20 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than ten days, or both; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than twenty days, or both; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.  (WVaC 17C-15-6)
   (c)   Sunscreening Devices.  Whoever violates Section 345.34 shall be fined not more than two hundred dollars ($200.00).
(WVaC 17C-15-36a)
 
   (d)   Safety Belts.  Any person who violates the provisions of Section 345.35 shall be fined not more than twenty-five dollars ($25.00).  No court costs or other fees shall be assessed for a violation of this section.
(WVaC 17C-15-49)