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(A) Riders of bicycles may operate said bicycles on the sidewalks of the city. However, it shall be unlawful for any person to operate a bicycle upon the sidewalks of the city carelessly, heedlessly, or in a willful and wanton disregard for the rights or safety of others, or without due caution and circumspection, or in a manner as to endanger or be likely to endanger any person or property, or so as to interfere with the normal movement of vehicular or pedestrian traffic. Riding of bicycles shall be prohibited on sidewalks that the City Council may deem prohibited for bicycle riding.
(B) This section is not intended to supplant the city ordinance effective July 1,1994, which restricts bicycle riding on the sidewalks of the business area of city.
(Ord. passed 5-11-2021) Penalty, see § 71.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BICYCLE. A human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. Such term also includes a human-powered vehicle, and any attachment to such vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way, but does not include a tricycle.
OPERATOR. A person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
OTHER PUBLIC RIGHT-OF-WAY. Any right of way other than a public roadway or public bicycle path that is under the jurisdiction and control of this state or the municipality and is designed for use and used by vehicular or pedestrian traffic.
PASSENGER. Any person who travels on a bicycle in any manner except as an operator.
PROTECTIVE BICYCLE HELMET. A piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation’s standards for protective headgear or American Society for Testing and Materials (ASTM) for use in bicycling.
PUBLIC BICYCLE PATH. A right of way under the jurisdiction and control of this state or the municipality for use primarily by bicycles and pedestrians.
PUBLIC ROADWAY. A right of way under the jurisdiction and control of this state or the municipality for use primarily by motor vehicles.
TRICYCLE. A three-wheeled, human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground level.
(B) Requirements for helmet use.
(1) It is unlawful for any person under 15 years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path, or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(2) It is unlawful for any parent or legal guardian of a person under 15 years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path, or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(C) Sale of bicycle helmets. Any helmet sold or offered for sale for use by operators and passengers of bicycles shall be conspicuously labeled in accordance with the standard described in division (A) above, which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(D) Civil actions. A violation of division (B) above is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and shall not be admissible in mitigation of damages.
(Ord. passed 5-11-2021) Penalty, see § 71.999
ALL-TERRAIN VEHICLES
(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLE (ATV). 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.
MOTORCYCLE. Any motor vehicle manufactured with no more than two wheels and having a seat or a saddle for the use of the operator.
OFF-HIGHWAY VEHICLE. A vehicle intended for off-highway use and includes all-terrain vehicles, utility-terrain vehicles, motorcycles, and off-road vehicles.
OFF-ROAD VEHICLE. A vehicle that is suitable for off-road use. It includes a four-wheel drive vehicle such as a Jeep, pickup, or sport utility vehicle. It also includes a specially designed, modified, or customized OFF-ROAD VEHICLE that is of a similar size to a vehicle manufactured for highway use.
UTILITY-TERRAIN VEHICLE. 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.
(B) As used in this subchapter, ALL-TERRAIN VEHICLE and VEHICLE, or the plural, mean all-terrain vehicles, utility-terrain vehicles, motorcycles, and off-highway vehicles.
(Ord. passed 5-11-2021)
(A) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street, or highway, if:
(a) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(b) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(c) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(d) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.
(3) With more than one passenger, unless more passengers are allowed under manufacturers’ recommendations;
(4) With a passenger under the age of 18, unless the operator has at a minimum a level two intermediate driver’s license or its equivalent or is 18 years of age or older;
(5) Unless riders under the age of 18 are wearing size-appropriate protective helmets that meet the current performance specifications established by the American National Standards Institute Standard, z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218, or Snell Safety Standards for Protective Headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system; or
(8) Unless operating in compliance with the provisions of § 71.222.
(B) An all-terrain vehicle may be operated upon the shoulder, or as far to the right on the pavement as possible when there is not enough shoulder to safely operate, on any road, street, or highway referred to in division(A)(2)(a) of this section other than an interstate highway for a distance not to exceed ten miles to travel between a residence or lodging and off-road trails, fields, and areas of operation, including stops for food, fuel, supplies, and restrooms, if:
(1) The vehicle is operated at speeds of 25 mph or less; or
(2) The vehicle is operated at any time from sunset to sunrise the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(C) Operation of an all-terrain vehicle in accordance with division (B) above shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of § 7 of this subchapter.
(D) Notwithstanding any provision of this chapter to the contrary, a municipality, county, or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets, or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions, and other special events, in emergencies, or for specified purposes.
(Ord. passed 5-11-2021) Penalty, see § 71.999
(A) No person under the age of 18 may operate an all-terrain vehicle without a certificate of completion of a vehicle rider safety awareness course as offered or approved by the Commissioner of Motor Vehicles as identified in W. Va. Code 17F-1-2. The provisions of this division (A) do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(B) No state institution of higher education which operates, owns, trains, or promotes an all-terrain vehicle rider safety awareness course approved by the Commissioner of Motor Vehicles, pursuant to this section, is liable for personal injuries to, or for the death of, a rider that may occur during an approved all-terrain vehicle rider safety awareness course, unless an employee or agent of the State Institution of Higher Education’s acts or omissions are with malicious purpose, in bad faith, or undertaken in a wanton or reckless manner.
(Ord. passed 5-11-2021) Penalty, see § 71.999
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