(a) Definitions.
(1) “All-terrain vehicle (ATV)” means any motor vehicle designed for off highway use and designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control.
(2) “Operate” means to ride or have control of the operation of an ATV.
(b) Prohibited Acts. Notwithstanding any ordinance to the contrary, except as specifically authorized herein, no person shall operate an ATV within or upon any street, alley, sidewalk, parking lot or other governmentally owned, leased or otherwise controlled property situated within the corporate limits of St. Marys, West Virginia.
(c) Exceptions. No person shall operate an all-terrain vehicle, as defined in subsection (a)(1) hereof except as follows:
(1) All-terrain vehicles owned and operated by a governmental entity for official use, or;
(2) After having obtained permission from the Chief of Police and the Mayor and under such restrictions as they may impose.
(d) Penalties. Whoever shall violate any provision of this chapter shall, upon conviction, be fined one hundred dollars ($100.00) for the first violation and not more than five hundred dollars ($500.00) for each subsequent violation.
(Ord. 2006-4. Passed 10-3-06.)