355.01 WHEN AND WHERE APPLICABLE; PENALTIES; EXCEPTIONS.
   (a)   The riding, operation or other use of all-terrain vehicles for transportation or recreational purposes, within or upon the streets, alleys, sidewalks, public roadways, parking lot, and other realty-owned, leased or controlled property by the City or any of its boards, authorities, or commission is prohibited.
   (b)   For the purpose of this article, “all-terrain vehicle” shall be as defined in Section 17A-1-1(ii) of the West Virginia Code, and “motor vehicle” shall be as defined in Section 17A-1- 1(b) of the West Virginia Code.
   (c)   Notwithstanding any other provisions of this article, it shall not be an offense for any person to lawfully ride or operate such all-terrain vehicle or unlicensed motor vehicle upon any governmentally owned realty not owned or controlled by the City or any of its boards, authorities, or commissions located within the corporate limits of the City.
   (d)   Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia, to ride, operate, or otherwise use an all-terrain vehicle upon a designated parade route, when such person is a duly registered and recognized participant in any such permitted parade and has obtained a permit from the City Police Department, provided that such all-terrain vehicle or unlicensed motor vehicle riding or operation occurs in conjunction with said parade.
   (e)   Notwithstanding any other provision of this article, it shall not be an offense for any person licensed to operate a motor vehicle within the State of West Virginia to ride, operate, or otherwise use an all-terrain vehicle after such person has shown good cause for the need to use an all-terrain vehicle and obtained a permit from the City Police Department.
   (f)   The Federal Government, the State of West Virginia, and its political subdivisions are exempt from the prohibition contained herein, when any such all-terrain vehicle or unlicensed motor vehicle is used for government purposes.
   (g)   Nothing contained within this article is intended, nor shall be construed, so as to create or form the basis for any civil or administrative liability whatsoever on the part of the City or any of its officers, officials, employees or agents for any injury or damage resulting to any person as a consequence of any action or inaction on the part of the City related, in any manner, to the enforcement or non-enforcement of this article by the City’s officers, officials, employees or agents.
   (h)   The parent or other guardian of any person not having attained the age of eighteen (18) years shall not authorize or knowingly permit any such minor to violate any provision within this article. Any such authorization or knowingly permitting any such minor to violate the provisions of this article shall constitute a criminal violation hereof and shall subject such parent or guardian to the criminal penalties set forth in this article. The citing of any parent or guardian pursuant to this paragraph shall not be reason to prohibit the police officer from also citing the driver of said all-terrain vehicle.
   (i)   The provisions of this article are severable and, in the event that any provision or part hereof shall be held invalid for any reason by any court exercising competent jurisdiction then such invalidity shall not be deemed to affect or impair any of the other provisions of this article not specifically held to be invalid. It is hereby declared to be the intent of the City that this article would have been adopted if any such invalid provision or part hereof had not been included herein.
(Ord. 10-13-03.)