Section
General Provisions; Obedience to and Effect of Traffic Laws
70.001 Definitions
70.002 Authority of Police and Fire Department officials
70.003 Application to vehicles upon streets and highways; exceptions
70.004 Obedience to police officers; fleeing
70.005 Application to government vehicles; exception
70.006 Authorized emergency vehicles
70.007 Application to persons riding animals or driving animal-drawn vehicles
70.008 Required obedience to traffic laws
70.009 Costs of court
Traffic Signs, Signals, and Markings
70.020 Obedience to traffic control devices
70.021 Obedience to traffic control instructions at street construction
70.022 Traffic control signal terms and lights
70.023 Pedestrian control signals
70.024 Flashing signals
70.025 Unauthorized signs and signals, biding from view, advertising
70.026 Alteration, injury, removal of traffic control devices
70.027 Traffic violations in construction zones
Crashes
70.040 Immediate reports of crashes
70.041 When driver unable to report
70.042 Garages to report bullet damage
Serious Traffic Offenses
70.055 Driving under the influence
70.051 Reckless driving
70.052 Hazardous driving
70.053 Use of cell phone prohibited while driving
License, Registration, and Inspection
70.075 Registration, Certificate of Title Required
70.076 Registration Card
70.077 Display of Registration Plates
70.078 Operation of Vehicle without Evidence of Registration; Use of Temporary Facsimile
70.079 Improper Use of Registration Card, Plate, or Permit
70.080 Driver or Motorcycle License Required
70.081 Persons Exempt from License
70.082 License to be Carried and Exhibited on Demand
70.083 Certain Acts Prohibited
70.084 Driving Under Suspension or Revocation
70.085 Owner or Operator Allowing Another to Drive
70.086 Certificated of Inspection and Approval (MVI)
70.999 Penalty
GENERAL PROVISIONS; OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
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)
(A) It shall be the duty of the officers of the Police Department to enforce all street traffic laws of the municipality and all of the state vehicle laws applicable to street traffic in the municipality.
(B) Officers of the Police Department are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws; provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
(C) Officers of the Fire Department, when at the scene of a fire, may direct or assist police officers in directing traffic thereat or in the immediate vicinity.
(Ord. passed 5-11-2021)
(A) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways, except where a different place is specifically referred to in a given section.
(B) The provisions of this chapter shall apply upon streets and highways as defined in W. Va. Code 17C-1-35.
(Ord. passed 5-11-2021)
(A) No person shall willfully fail or refuse to comply with a lawful order or direction of any police officer or designated special officer invested by law with authority to direct, control, or regulate traffic.
(B) No person shall operate a vehicle so as to willfully elude or flee a police officer or designated special officer after receiving a visible or audible signal from such an officer to bring his or her vehicle to a stop.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-2-3(c)
(A) The provisions of this chapter applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles that are being operated on the streets and highways of the city.
(B) Unless specifically made applicable, the provisions of this title shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street or highway, but shall apply to such persons and vehicles when traveling to or from such work.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-4
(A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of the Traffic Code;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he or she does not endanger life or property; and
(4) Disregard regulations governing direction of movement or turning in specified directions.
(C) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp as authorized by § 71.097 which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(D) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-5
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions of this title which by their very nature can have no application.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-6
It shall be unlawful and, unless otherwise declared in this subchapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
All courts costs shall be paid by any driver convicted of a penalty under this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
(A) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of the Traffic Code, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(B) (1) No provision of this title for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(2) Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(Ord. passed 5-11-2021) Penalty, see § 70.999
The driver of any vehicle shall obey the traffic control instructions of any law enforcement officer or persons authorized by the Commissioner of Highways or by proper local authorities to operate traffic control devices, act as flagpersons, or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work for the purpose of regulating, warning, or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Whenever traffic is controlled by traffic control signals exhibiting the words “go”, “caution”, or “stop”, or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(A) Green alone or “go”:
(1) Vehicular traffic facing the signal, except when prohibited under § 72.02, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; and
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(B) Yellow alone or “caution” when showing following the green or “go”:
(1) Vehicular traffic facing the signal is thereby warned that the red or “stop” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or “stop” signal is exhibited; and
(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
(C) Red alone or “stop”:
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or “go” is shown alone, except as provided in divisions (C)(2) and (C)(3) below;
(2) A vehicle which is stopped in obedience to a red or “stop” signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously make a right turn, but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that the City Council may, by ordinance, prohibit any such right turn against a red or “stop” signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof;
(3) A vehicle which is stopped in obedience to a red or “stop” signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left, may cautiously make a left turn into the one-way street but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that City Council may, by ordinance, prohibit any such left turn against a red or “stop” signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof; and
(4) No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(D) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and
(2) No pedestrian facing such signal shall enter the roadway unless he or she an do so safely and without interfering with any vehicular traffic.
(E) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable, except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop, shall be made at the signal.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-5
Whenever special pedestrian control signals exhibiting the words “walk” or “wait” or other similar language, signals, or sounds are in place, such signals shall indicate as follows.
(A) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(B) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-6
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows.
(A) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(B) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-7
No local authority or person shall place, maintain, or display upon or in view of any street or highway any unauthorized traffic control device or traffic control signal, or any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic control device bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to a street or highway of signs giving useful directional information and of a type that cannot be mistaken for official signs. Every such prohibited device, signal, sign, or marking is hereby declared to be a public nuisance and the Commissioner of Highways or other authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-8
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-9
(A) At each and every location where street or highway construction work is to be conducted a sign shall be posted at least 1,000 feet from the construction site, or as close to 1,000 feet from the construction site as is practicable given the location of the site when workers are present, notifying all motorists as to the speed limit and displaying the words “construction work”.
(B) No person shall violate any posted speed restriction or traffic restriction at such construction site referred to in division (A) above.
(C) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this title for such violation.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-4B
CRASHES
(A) The driver of a vehicle involved in an accident resulting in bodily injury to, or the death of, any person, or total property damage to an apparent extent of one-thousand dollars or more shall immediately, by the quickest means of communication, whether oral or written, give notice of such accident to the Police Department, or otherwise to the County Sheriff or nearest office of the State Police.
(B) Any person who violates W. Va. Code 17C-4-1 shall be subject to penalties consistent with those found in W. Va. 17C-4-1.
(C) For the purposes of this subchapter, the definitions found in W. Va. Code 17C-4-1(e) shall be applicable unless the term(s) are otherwise defined in this chapter.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Whenever the driver of a vehicle is physically incapable of making an immediate report of an accident as required in § 70.040 and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report not made by the driver.
(Ord. passed 5-11-2021)
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the Police Department within 24 hours after such motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of such vehicle.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-4-12
SERIOUS TRAFFIC OFFENSES
No person shall drive any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private or upon the property of the Board of Education, or upon any property within the municipal park and public recreation system, in willful or wanton disregard for the safety of persons or property. The provisions of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the municipality within the parks and recreation system for exclusive use by motorcycles or other recreational vehicles.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-5-3(b)
(A) No person shall operate a motor vehicle or motorcycle without exercising reasonable and ordinary control over such vehicle.
(B) No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law
(C) No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.
(Ord. passed 5-11-2021) Penalty, see § 70.999
(A) Except as provided in division (C) below, a person may not drive or operate a motor vehicle on a public street or highway while:
(1) Texting; or
(2) Using a cell phone or other electronic communications device, unless the use is accomplished by hands-free equipment.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CELL PHONE. Cellular, analog, wireless or digital telephone.
(2) DRIVING or OPERATING A MOTOR VEHICLE. Operating a motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays, but does not include operating a motor vehicle after the driver has moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary.
(3) ELECTRONIC COMMUNICATION DEVICE. A cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device. For the purposes of this section, an ELECTRONIC COMMUNICATION DEVICE does not include:
(a) Voice radios, mobile radios, land mobile radios, commercial mobile radios, or two way radios with the capability to transmit and receive voice transmissions utilizing a push-to-talk or press-to-transmit function; or
(b) Other voice radios used by a law-enforcement officer, an emergency services provider, an employee or agent of public safety organizations, first responders, Amateur Radio Operators (HAM) licensed by the Federal Communications Commission and school bus operators.
(4) ENGAGING IN A CALL. When a person talks into or listens on an electronic communication device, but shall not include when a person dials or enters a phone number on a pushpad or screen to initiate the call.
(5) HANDS-FREE ELECTRONIC COMMUNICATION DEVICE. An electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication device, by which a user engages in a call without the use of either hand or both hands.
(6) HANDS-FREE EQUIPMENT. The internal feature or function of a handsfree electronic communication device or the attachment or addition to a hands-free electronic communication device by which a user may engage in a call or text without the use of either hand or both hands.
(7) TEXTING.
(a) Manually entering alphanumeric text into, or reading text from, an electronic communication device, and includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a world wide web page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
(b) For purposes of this section, TEXTING does not include the following actions:
1. Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device by the pressing the device in order to initiate or receive a phone call or using voice commands to initiate or receive a telephone call;
2. Inputting, selecting, or reading information on a global positioning system or navigation system; or
3. Using a device capable of performing multiple functions, including fleet management systems, dispatching devices, smart phones, citizens band radios or music players, for a purpose that is not otherwise prohibited in this section.
(8) USING A CELL PHONE OR OTHER ELECTRONIC COMMUNICATION DEVICE. Holding in a person’s hand or hands an electronic communication device while:
(a) Viewing or transmitting images or data;
(b) Playing games;
(c) Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data; or
(d) Engaging in a call.
(C) Division (A) above shall not apply to:
(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized emergency vehicle in the performance of their official duties;
(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or a medical or hazardous materials emergencies; or
(3) The activation or deactivation of hands-free equipment or a function of hands-free equipment.
(D) This section does not supersede the provisions of § 3A, Art. 2, Ch. 17B of this code or any more restrictive provisions for drivers of commercial motor vehicles prescribed by the provisions of Ch. 17E of this code or federal law or rule.
(E) Notwithstanding any other provision of this code to the contrary, points may not be entered on any driver’s record maintained by the Division of Motor Vehicles as a result of a violation of this section, except for the third and subsequent convictions of the offense, for which three points shall be entered on any driver’s record maintained by the Division of Motor Vehicles.
(F) (1) Driving or operating a motor vehicle on a public street or highway while texting shall be enforced as a primary offense.
(2) Driving or operating a motor vehicle on a public street or highway while using a cell phone or other electronic communication device without hands-free equipment shall be enforced as a secondary offense until July 1, 2013, when it shall be enforced as a primary offense for purposes of citation.
(G) (1) Within 90 days of the effective date of this section, the Department of Transportation shall cause to be erected signs upon any highway entering the state of West Virginia on which a “Welcome to West Virginia” sign is posted, and any other highway where the Division of Highways deems appropriate.
(2) The signs shall be posted at a distance of not more than one mile from each border crossing, each sign to bear an inscription clearly communicating to motorists entering the state that texting, or the use of a wireless communication device without hands-free equipment, is illegal within the state.
(H) Nothing contained in this section shall be construed to authorize seizure of a cell phone or electronic device by any law enforcement agency.
(I) No policy providing liability coverage for personal lines insurance shall contain a provision which may be used to deny coverage or exclude payment of any legal damages recoverable by law for injuries proximately caused by a violation of this section, as long as such amounts are within the coverage limits of the insured.
(Ord. passed 5-11-2021) Penalty, see § 70.999
LICENSE, REGISTRATION, AND INSPECTION
No person shall drive or move and no owner shall knowingly permit to be driven or moved upon any street or highway any vehicle of a type required to be registered under W.Va. Code Ch. 17A which is not registered or for which a certificate of title has not been issued or applied for or for which the appropriate fee has not been paid when and as required, except as otherwise permitted by the provisions therein; provided, that in the event of the sale of a vehicle by a person other than a registered dealer, the person purchasing the same may, for a period of not more than ten days, operate such vehicle under the registration of its previous owner and display the registration thereof; provided further, that he or she shall have and display on the demand of any proper officer the consent in writing of such previous owner so to use such registration
(Ord. passed 5-11-2021) Penalty, see § 70.999
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