(A) The riding, operation, or other use of all-terrain vehicles for transportation or recreational purposes or motor vehicles which have not been licensed for street use by the West Virginia Department of Motor Vehicles, within or upon the streets, alleys, sidewalks, parking lots, and any realty owned, leased, or controlled by the city, or any of its boards, authorities, or commissions within the corporate limits of the city is prohibited.
(B) Any violation of division (A) above shall constitute the commission of a misdemeanor criminal offense, and the Police Department of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of division (A) above. Any person convicted of a first offense established hereunder shall be fined not less than $25 nor more than $100. Any person convicted of a second or further offense established hereunder shall be fined not less than $50 nor more than $250.
(C) For the purpose of this code section, the term
ALL-TERRAIN VEHICLE
shall be as defined in W. V. Code § 17A-1-1(ii) and the term
MOTOR VEHICLE
shall be as defined in W. V. Code § 17A-1-1(b).
(D) Notwithstanding any other provision of this code section, it shall not be an offense for any person to lawfully ride or operate any such all-terrain vehicle or unlicensed motor vehicle upon any private property or upon any governmental-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.
(E) Notwithstanding any other provision of this code section, 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 or unlicensed motor vehicle upon a designated parade route, when such person is a duly registered and recognized participant in any such properly permitted parade, provided that such all-terrain vehicle or unlicensed motor vehicle riding or operation occurs in conjunction with said parade.
(F) The federal government, the State of West Virginia and its political subdivisions are exempt from the prohibitions contained herein, when any such all-terrain vehicle or unlicensed motorvehicle is used for government.
(G) Nothing contained within the code section is intended, nor shall be construed so as to create or form the basis of 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 code section by the city's officers, officials, employees, or agents.
(H) The parent or guardian of any person not having attained the age of 18 years shall not authorize or knowingly permit any such minor to violate any provision within this code section. Any such authorization or knowingly permitting any such minor to violate the provisions of this code section shall constitute a separate criminal violation hereof and shall subject such parent or guardian to the criminal penalties set forth in this code section. The citing of any parent or guardian pursuant to this division shall not be reason to prohibit the police officer from also citing the driver of said all-terrain vehicle or motor vehicle which has not been licensed by the West Virginia Department of Motor Vehicles for street use.
(I) The provisions of this code section are severable, and in the event 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 code section not specifically held to be invalid. It is hereby declared to be the intent of the city that this code section would have been adopted if any such invalid provision or part hereof had not been included herein.
(J) It is an absolute defense to an alleged violation of this section that the driver at the time of arrest, was on his/her way to perform work with the vehicle, the attachment to the vehicle of a snow plow, plow or a trailer, or other device designed to perform work by moving snow or earth, or for hauling materials, shall be prima facie evidence that this vehicle is performing work or is being transported to or from a place of work.
(Ord. 1397, passed 10-14-03)