The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(a) "All-terrain vehicle" or "ATV" means any motor vehicle designed for off-highway use and designed to travel on not- less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.
(b) "Go-Kart" means a small car that has one or two seats and an open top and that is used especially for racing, including, but not limited to, open-wheel cart designs.
(c) "Motorcycle" means any motor vehicle manufactured with no more than two wheels and having a seat or a saddle for the use of the operator.
(d) "Motorized Cart" means an electric and/or gasoline powered cart, commonly referred to as a golf cart, or any other all-terrain vehicle or utility-terrain vehicle (including all-terrain vehicles or utility-terrain vehicles as defined by the West Virginia Code).
(e) "Off-highway vehicle" means a vehicle intended for off-highway use and includes all-terrain vehicles, utility-terrain vehicles, golf-carts, and off-road vehicles;
(f) "Operator" means every person who drives or is in actual physical control of a motorized cart upon a street, road, or highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
(g) "Owner" means a person who holds the legal title of a motorized cart 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 if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the owner for the purpose of this chapter;
(h) "Utility-terrain vehicle" or "UTV" means any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.
(i) As used in this article, "motorized cart," or the plural, means all-terrain vehicles, utility-terrain vehicles, golf carts, and off-highway vehicles.
(j) "Street Legal Special purpose vehicles" include all-terrain vehicles, utility terrain vehicles, mini-trucks, Mahindra-style utility terrain vehicles, pneumatic tired military vehicles, and full-size special purpose-built vehicles, including those built by the original equipment manufacturer and those that have been modified and meet the requirements of West Virginia Code 17A-13-1, et seq. and which have been duly register, inspected, licensed, insured and operated in compliance with West Virginia Code 17A-13-1, et seq, and, particularly, 17A-13-1(e), (f), and (g).
(Ord. 04-2020. Passed 8-27-20.)