For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in this title, hereinafter referred to as the “Traffic Code”, that have not been defined shall be given definitions consistent with definitions found in W. Va. Code 17C-1.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, duly chartered rescue squad, Police Department, ambulance service, state, county, or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by W. Va. Code 17A-10-1. Agency authorization and emergency equipment are defined in W. Va. Code 17C-15-26. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles.
(W. Va. Code 17C-1-6)
BICYCLE. Every device which does not have a motor attached and which is propelled by human power upon which any person may ride, having two tandem wheels, either of which is more than 20 inches in diameter.
(W. Va. Code 17C-1-8)
BUS. Every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(W. Va. Code 17C-1-13)
BUSINESS DISTRICT. The territory contiguous to and including a street or highway when, within any 600 feet along such highway, there are buildings in use for business or industrial purposes, including, but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street or highway.
(W. Va. Code 17C-1-4)
CONTROLLED-ACCESS HIGHWAY. Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
(W. Va. Code 17C-1-41)
CROSSWALK. Includes:
(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(W. Va. Code 17C-1-43)
DRIVER. Every person who drives or is in actual physical control of a vehicle.
(W. Va. Code 17C-1-31)
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD). A self-balancing, two- nontandem, wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (one horse power), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs 170 pounds, is less than 20 mph.
(W. Va. Code 17C-1-66)
EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosive and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(W. Va. Code 17C-1-24)
FLAMMABLE LIQUID. Any liquid which has a flash point of 70°F or less, as determined by a Tagliabue or equivalent closed cup test device.
(W. Va. Code 17C-1-25)
GROSS WEIGHT. The weight of a vehicle without load, plus the weight of any load thereon.
(W. Va. Code 17C-1-26)
INTERSECTION. Includes:
(1) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict; and
(2) Where a street or highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting street or highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such streets or highways shall be regarded as a separate intersection.
(W. Va. Code 17C-1-42)
LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
(W. Va. Code 17C-1-39)
MOPED. Every motorcycle or motor-driven cycle unless otherwise specified in the Traffic Code codified within this title, which is equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two-brake horsepower.
(1) If a combustion engine is used, the maximum piston or rotor displacement shall be 50 cubic centimeters, regardless of the number of chambers in such power source.
(2) The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 mph on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
(W. Va. Code 17C-1-5a)
MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(W. Va. Code 17C-1-4)
MOTOR-DRIVEN CYCLE. Every motorcycle having a piston displacement of more than 50 cubic centimeters, but not more than 150 cubic centimeters, or with not more than five-brake horsepower.
(W. Va. Code 17C-1-5)
MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheelchairs.
(W. Va. Code 17C-1-3)
MUNICIPAL COURT. Refers to the court system utilized by the city, whether it be called other names such as Police Court, City Court, or the like. MUNICIPAL COURT is not Magistrate Court or State Circuit Court.
OWNER. A person who holds the legal title of a vehicle, 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, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of the Traffic Code codified within this title.
(W. Va. Code 17C-1-32)
PARK. When prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
(W. Va. Code 17C-1-54)
PARKING AREA. Lots, areas, or other accommodations for the parking of vehicles off the street or highway and open to public use, with or without charge.
(W. Va. Code 17C-1-60)
PASSENGER VAN.
(1) Any van or other motor vehicle owned by any agency, business, or other legal entity and operated for the purpose of transportation of children under the age of eighteen years, other than a van utilized for private use, taxicab, bus, or school bus.
(2) PASSENGER VANS include, but are not limited to, vehicles used by daycare centers, after-school centers, and nursery schools; provided, that the term PASSENGER VAN does not include any van or other motor vehicle which is utilized for the specific purpose of transporting children to medical facilities for the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for loading or unloading along public roads or highways.
(W. Va. Code 17C-1-64)
PEDESTRIAN. Any person afoot or any person using a wheelchair.
(W. Va. Code 17C-1-30)
PERSON. Every natural person, firm, copartnership, association, or corporation.
(W. Va. Code 17C-1-29)
POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, trusses, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(W. Va. Code 17C-1-17)
POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(W. Va. Code 17C-1-33)
PRIVATE ROAD or DRIVEWAY; PRIVATE PROPERTY.
(1) PRIVATE ROAD or PRIVATE DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(2) PRIVATE PROPERTY. Real estate in private ownership without regard to the manner in which it is used.
(W. Va. Code 17C-1-36)
RAILROAD. A carrier of persons or property, upon cars, other than streetcars, operated upon stationary rails.
(W. Va. Code 17C-1-21)
RAILROAD SIGN OR SIGNAL. Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(W. Va. Code 17C-1-49)
RAILROAD TRAIN. A steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
(W. Va. Code 17C-1-22)
RESIDENCE DISTRICT. The territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
(W. Va. Code 17C-1-46)
RESIDENTIAL STREET. The entire width between the boundary lines of every way, whether publicly or privately maintained, located within any subdivision, development, or other similar area used primarily for residential purposes when any part thereof is open to the common use of those living in such area for the purpose of vehicular travel.
(W. Va. Code 17C-1-62)
RIGHT-OF-WAY. The privilege of the immediate use of the street or highway.
(W. Va. Code 17C-1-51)
ROADWAY.
(1) That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
(2) In the event a street or highway includes two or more separate roadways, the term ROADWAY as used herein shall refer to any such roadway separately, but not to all such roadways collectively.
(W. Va. Code 17C-1-37)
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(W. Va. Code 17C-1-44)
SCHOOL BUS. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.
(W. Va. Code 17C-1-7)
SCHOOL GROUNDS. Includes the land on which a school is built together with such other land used by students for play, recreation, or athletic events while attending school.
(W. Va. Code 17C-1-55)
SEMITRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(W. Va. Code 17C-1-16)
SIDEWALK. That portion of a street or highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(W. Va. Code 17C-1-38)
STOP. When required, a complete cessation from movement.
(W. Va. Code 17C-1-52)
STOP, STOPPING, or STANDING. When prohibited, any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
(W. Va. Code 17C-1-53)
STREET or HIGHWAY; ALLEY.
(1) STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(W. Va. Code 17C-1-35)
(2) ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
THROUGH STREET or THROUGH HIGHWAY. Every street or highway, or portion thereof, at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in the Traffic Code codified within this title.
(W. Va. Code 17C-1-40)
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel.
(W. Va. Code 17C-1-50)
TRAFFIC CONTROL DEVICES. Any signs, signal marking, and device not inconsistent with this Traffic Code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(W. Va. Code 17C-1-47)
TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(W. Va. Code 17C-1-48)
TRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(W. Va. Code 17C-1-15)
TRUCK. Every motor vehicle designed, used, or maintained primarily for the transportation of property.
(W. Va. Code 17C-1-12)
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs.
(W. Va. Code 17C-1-2)
WHEELCHAIR. A motorized or nonmotorized wheeled device designed for, and used by, a person with disabilities that is incapable of a speed in excess of eight mph.
(W. Va. Code 17C-1-65)
(Ord. passed 5-11-2021)