(A) Unless otherwise provided for in this chapter, any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500; or other amounts deemed appropriate by the Municipal Court.
(B) Any person who violates the provisions of §§ 71.001 through 71.004 where the offender exceeds the speed limit by 15 mph or more in the presence of one or more children, then, upon conviction, that person shall be fined not less than $100, nor more than $50, or other amount deemed appropriate by the Municipal Court; or confined in jail for not more than 6 months; or both such fine and imprisonment. If the school zone signage required by W. Va. Code 17C-6-1(a)(1) is not present in the school zone at the time of the violation, then any person who violates said provision is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25, or other amount deemed appropriate by the Municipal Court.
(C) Whoever violates § 71.004 shall be fined not less than $50, nor more than one $100; for a second offense, fined not less than $50, nor more than $500; or by imprisonment for not less than six days, nor more 60 days, or both; and for a third and each subsequent offense, fined not less than $100, nor more than $1,000; or other amounts deemed appropriate by the Municipal Court; or by imprisonment for not less than 60 days, nor more than four months; or both such fine and imprisonment. For the purposes of this section and § 71.004, a forfeiture of bail or collateral deposited to secure such person’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction. If, at the time of any violation of the provisions of § 71.004 by any person as an operator of a motor vehicle, such person was not entitled to operate a motor vehicle in the state because his or her operator’s or chauffeur’s license, or privilege to drive in the state if such person be a nonresident, had earlier been suspended or removed, then in addition to the penalties provided for in this section, the provisions of § 70.084 shall be applicable.
(D) Any person violating the provisions of §§ 71.015 through 71.026 or 71.040 through 71.048 is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500; or other amounts deemed appropriate by the Municipal Court.
(E) Whoever violates any provision of §§ 71.060 through 71.065 shall be fined not more than $200; upon a second conviction within one year thereafter, shall be fined not more than $300; and upon a third or subsequent conviction, shall be fined not more than $1,000; or other amounts deemed appropriate by the Municipal Court.
(G) Any person who violates any of the provisions of § 71.103 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, nor more than $500, or other amounts deemed appropriate by the Municipal Court.
(H) Any person who violates any provision of § 71.110 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10, nor more than $20, or other amounts deemed appropriate by the Municipal Court.
(I) Whoever violates § 71.112 shall be fined not more than $200, or other amount deemed appropriate by the Municipal Court.
(J) Any person who violates the provisions of § 71.113 shall be fined not more than $25, or other amount deemed appropriate by the Municipal Court. No court costs or other fees shall be assessed for a violation of this section. Enforcement of § 71.113 shall be accomplished only as a secondary action when a driver of a passenger vehicle has been detained for probable cause of violating another section of this code.
(K) If a violator of this §§ 71.125 through 71.129 causes damage to local streets, then the city may recover damages through a civil action brought by the authorities in control of such local street. A violator is subject to a fine even though no damage has occurred. Unless otherwise provided in §§ 71.125 through 71.129, violators of said sections shall be subject to penalties found in division (A) above.
(L) Any person, either individually or in association with one or more persons, who shall willfully injure or damage any item of special mobile equipment or break or remove any parts from an item of special mobile equipment without the consent of the owner, which injury, damage, or breakage or removal of parts, as described in § 71.152, shall be of an amount of $1,000 or more, as deemed appropriate by the Municipal Court, is guilty of a felony. If the injury, damage, or breakage or removal of parts shall be of an amount which is less than $1,000, such person is guilty of a misdemeanor.
(M) Any person who violates any of the provisions of § 71.154 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, nor more than $100, or other amount deemed appropriate by the Municipal Court.
(N) Any person convicted of a first offense related to § 71.161 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25, nor more than $100; any person convicted of a second or further offense shall be fined not less than $50, nor more than $250; or other amounts deemed appropriate by the Municipal Court. The parent or other guardian of any person violating the provisions of §§ 71.140 through 71.161, when such person shall not have attained the age of 18 years, shall not authorize or knowingly permit any such minor to violate any provision of §§ 71.140 through 71.161. Any such authorization or if such parent or other guardian shall knowingly permit any such minor to violate the provisions of §§ 71.140 through 71.161 shall constitute a criminal violation and shall subject such parent or guardian to the criminal penalties set forth in §§ 71.140 through 71.161 and this division (N). The citing and conviction of any parent or guardian shall not prohibit the citing and conviction of the operator of such motorized scooter.
(O) Any person violating the provisions of §§ 71.140 through 71.161 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200, nor more than $5,000; and upon a second or subsequent conviction, shall be fined not less than $200, nor more than $5,000; or other amounts deemed appropriate by the Municipal Court,; or confined in the county or regional jail for not less than 15 days, nor more than one year; or both such fine and imprisonment; provided, that an insured shall not be guilty of a violation of this division (O) if he or she furnishes proof that such insurance was in effect within seven days of being cited for not carrying such certificate or other proof in such vehicle.
(P) An operator who violates a provision of § 71.183 shall receive a warning for the first offense. For a second or subsequent offense, the operator shall be punished by a fine of not less than $10 and not greater than $100, or other amount deemed appropriate by the Municipal Court.
(Q) Anyone operating a bicycle in a manner which causes injury to another person, as described in § 71.204, shall be subject to a fine of $50 for first offense; $100 for second offense; $200 for third or subsequent offenses; or other amounts deemed appropriate by the Municipal Court.
(R) (1) Notwithstanding the provisions of §§ 70.999 or this 71.999, any parent or legal guardian violating any requirement set forth in § 71.196(B) shall be fined $10, or other amount deemed appropriate by the Municipal Court; or be required to perform two hours in community service to a child injury prevention program which includes injury prevention education; or both fined and required to perform such community service. Notwithstanding the provisions of W. Va. Code 8-11-1, no court costs may be assessed to any person violating the requirements of § 71.196(B).
(2) In the case of a first violation of § 71.196(B), the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is an absolute defense to a charge for a violation of § 71.205 that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit in accordance with the provisions of W. Va. Code 59-2-1(c), or other relevant West Virginia Code sections. Any person who demonstrates inability to pay shall be referred to the Governor’s Highway Safety Program for assistance in obtaining the appropriate helmet or helmets.
(S) (1) Except as provided in the provisions of division (S)(2) below and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates the provisions of §§ 71.220 through 71.227 or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of §§ 71.220 through 71.227 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or other amount deemed appropriate by the Municipal Court.
(2) Any parent, legal guardian, or person who has actual responsibility for a child under 18 years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of §§ 71.220 through 71.227 is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(a) For a first offense, a fine of not less than $50, nor more than $100, or other amount deemed appropriate by the Municipal Court; or not more than ten hours of community service; or both fined and required to perform such community service;
(b) For a second offense, a fine of not less than $100, nor more than $200, or other amount deemed appropriate by the Municipal Court; or not more than 20 hours of community service; or both fined and required to perform such community service; or
(c) For a third or subsequent offense, a fine of not less than $200, nor more than $500, or other amount deemed appropriate by the Municipal Court; or not more than 100 hours of community service; or both fined and required to perform such community service.
(Ord. passed 5-11-2021)
Statutory reference:
Electric personal assistive mobility devices; penalties, see W. Va. Code 17C-10A-2
Lamps and other equipment on bicycles, see W. Va. Code 17C-11A-7
Liability for damage to highway or structure, see W. Va. 17C-17-13
Racing on streets and highways prohibited; legislative findings; penalties; mandatory revocation of licenses, see W. Va. Code 17C-6-8
Security upon motor vehicles; certificate for insurance, see W. Va. Code 17D-2A-4