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.)
(a) No motorized cart may be operated on an interstate highway, state highway, City street or alley with a posted speed limit in excess of twenty-five (25) miles per hour or any part of Grand Central Avenue except as set out in Section 355.03.
(b) No motorized cart may be operated on an interstate highway, state highway, City street or alley with a posted speed limit in excess of twenty-five (25) miles per hour before s unrise or after sunset, or during periods with fog, smoke, rain or other unfavorable atmospheric conditions, or at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead, without operable lighted headlights and tail lights capable of being clearly seen at a distance of five hundred (500) feet.
(c) No motorized cart may be operated on an interstate highway, state highway, City street or alley by any person who does not possess a valid operator's license. For purposes of this article, learner's permits and junior operators licenses do not constitute a valid operator's license.
(d) No motorized cart may be operated on an interstate highway, state highway, City street or alley with a number of occupants in excess of the number of persons for which said vehicle was designed.
(e) No motorized cart may be operated on an interstate highway, state highway, City street or alley unless all occupants are seated while said vehicle is in motion.
(f) No motorized cart may be operated on an interstate highway, state highway, City street or alley with a child under the age of six (6).
(g) No motorized cart may be operated on an interstate highway, state highway, City street or alley with an occupant under the age of eighteen (18) years unless said occupant is wearing a size appropriate ANSI (American National Standards Institute) or a DOT (Department of Transportation) approved helmet.
(h) Every motorized cart shall be operated in accord with local or state traffic laws.
(i) No motorized cart shall be operated on any sidewalk, right of way, or other location upon which a motor vehicle is prohibited except crosswalks for purposes of crossing a City street as set out in Section 355.03(a) and (b) of this article.
(j) No motorized cart may be equipped with flashing warning lights unless said motorized cart is an authorized and designated police or fire vehicle so designated by the Vienna Police Chief or Vienna Fire Chief.
(k) Go-Karts are expressly prohibited from operating on the roads, streets, or highways of the City of Vienna.
(l) No motorized cart as herein defined may cross a City street or highway except at an intersection in a path perpendicular to said street or highway, or in a clearly marked cross walk.
(m) All motorized carts must yield to pedestrians.
(n) All motorized vehicle operators are required to carry liability insurance policies, and proof thereof, insuring motorized vehicles operated on public roadways within the City of Vienna.
(o) Nothing in this article shall apply to any "other power-driven mobility device" (OPDMD) powered by batteries, fuel, or any other motor or engine when it is used by individuals with mobility disabilities for the purpose of locomotion. This includes electronic personal assistance mobility devices such as the rascal or Segway, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair, so long as said device is being operated in a manner or fashion consistent with the rules governing pedestrian traffic. All such devices are OPDMD's when operated by an operator who possesses a state issued disability placard, card, or other state issued proof of disability, or by the operator verbally stating that the OPDMD is being used by a person with a mobility disability (as long as the statement does not contradict observable fact). For purposes of this article, OPDMD's do not include motorized carts, golf carts, UTV's or ATV's as set out herein.
(p) Nothing in this article shall apply to "Street Legal Special Purpose Vehicles" as defined herein. (Ord. 04-2020. Passed 8-27-20.)
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