|
14-1.1 Definitions
14-1.2 Operation of ATV’s
14-1.3 Permit
14-1.4 Exemptions
14-1.5 Hours of Operation
14-1.6 Safety Requirements
A. ATV’s
B. Lawn Mowers
14-1.7 Parental Responsibility
14-1.8 Penalties
14-1.9 Liability
14-1.10 Invalid Provisions and Inconsistent Ordinances
14-1.11 Effective Date
14-1.1 Definitions
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a- “ATV” – All-Terrain Vehicles. For the purpose of this Ordinance, the term “all-terrain vehicle” shall be defined as set forth in West Virginia Code 17A-1.1(ii), as amended
b- Riding Mowers-Lawn Tractors. Shall be defined as set forth in WV Code 17A-1.1 as amended.
c- Racing ATV’s- All Terrain Vehicles designed for racing.
d- Utility ATV’s –All Terrain Vehicles designed for utilitarian use.
14-1.2 Operation of Utility ATV’s; Racing ATV’s; and Riding Mowers
a- The riding, operation, or other use of all-terrain vehicles (ATV’s) within or upon the streets, alleys, sidewalks, parking lots and other governmentally owned, leased, or otherwise controlled property situated within the corporate limits of the Town of West Union shall be prohibited for any ATV’s and Riding Mowers without first obtaining a permit from the Town.
b- The riding, operation, or other use of Racing all-terrain vehicles manufactured and designed for racing, shall be prohibited within or upon the streets, alleys, sidewalks, parking lots and other governmentally owned, leased, or otherwise controlled property situated within the corporate limits of the Town of West Union.
c- All ATV’s in this ordinance shall abide by a traffic and speed signs; not traveling over 25 MPH on any street within the corporate limits.
14-1.3 Permit for Operation of Utility ATV’s and Riding Mowers
a- Permits are available at City Hall for Utility ATV’S and Riding Mowers on an annual basis beginning on August 1, 2007 in the amount of $15.00.
b- The numbered decal provided, must be displayed on the right side of the ATV or mower in a prominent place.
14-1.4 Exemptions
a- 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 ATV upon any private property located within the corporate limits of the Town of West Union
b- 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 ATV upon a designated parade route or in conjunction with other activities sponsored, supported, or approved by the Town of West Union, provided that the person operating the ATV is a recognized participant of the sponsored, supported, or approved activity and the ATV riding, operation, or other such use occurs in conjunction with said activity.
c- 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 ATV upon private property otherwise restricted from such use, provided that such person is a recognized participant in a duly organized exhibition or competition, authorized by the Council of the Town of West Union.
d- 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 ATV upon property otherwise restricted from such use, when the Council of the Town of West Union has declared a municipal emergency and has authorized the operation of the ATV to participate in efforts to alleviate such emergency conditions.
e- It shall not be an offense for any employee of the Federal Government, the State of West Virginia, and the Town of West Union, licensed to operate a motor vehicle within the State of West Virginia, to ride, operate, or otherwise use an ATV upon property otherwise restricted from such use, when the use is made in connection with responsibilities of said employment.
f- It shall not be an offense for any retail seller of ATV’s, its employees or agents, licensed to operate a motor vehicle within the State of West Virginia, to ride, operate, or otherwise use an ATV upon property otherwise restricted from such use, when the use is made in connection with the sale, service, maintenance, or demonstration of said ATV’s.
14-1.5 Hours of Operation
Within the corporate boundaries of the Town of West Union, no Utility ATV shall be operated except between the hours of 8A.M. and 8 P.M, or sunset, whichever is earlier.
a- The evening hours are only exempted during winter for removal of snow in parking areas; the ATV must have the snow plow attached.
14-1.6 Safety Requirements
A. Any person operating an ATV within the corporate limits of the Town of West Union shall ensure that:
(1) Any rider under the age of eighteen must wear a size appropriate protective helmet that meets WV State requirements. WV Code 17F-1-1(5)
(2) The ATV has functioning headlights and brake lights
(3) 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. WV Code 17F-1-1(7).
(4) With more than one passenger unless more passengers are allowed under manufacturers’ recommendations. WV Code 17F-1-1(3)
(5) With passengers under the age of eighteen, unless the operator has a minimum level two driver’s license or its equivalent or is eighteen years of age or older. WV Code 17-1-1(4)
(6) The ATV yields to all pedestrians and traffic.
(7) The ATV and the person operating the ATV are covered by a policy of insurance with minimum liability coverage limits of $20,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $40,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident.
B. Any person operating a Riding mower within the corporate limits of the Town of West Union shall ensure that:
(1) The mower is used only to go to and return from lawn maintenance work.
(2) No passengers are allowed on the mower or the utility trailer at any time.
(3) The mower will yield to all pedestrians and traffic.
(4) Hours of operation are limited to 8:00 AM through 8 P.M, or sunset, whichever is earlier.
(5) Functioning headlights are required, as is all safety equipment original to the mower.
14-1.7 Parental Responsibility
The parent or other guardian of any person under the age of eighteen (18) years of age, shall not authorize or knowingly permit any such minor to violate any provisions hereof. Any such authorization or knowing permission of any such minor to violate the provisions of this Ordinance shall constitute a criminal violation hereof, and shall subject such parent or other guardian, along with any minor violating the provisions hereof, to those same criminal sanctions set forth in this ordinance of the Town of West Union.
14-1.8 Penalties
Any violation of this section constitutes the commission of a misdemeanor.
1- Any person judged guilty and convicted of any first offense established by the Municipal Court of the Town of West Union shall be subject to a fine of not less than Twenty-Five Dollars ($25.00), nor more than One Hundred Dollars ($100.00), plus all court costs.
2- Any person judged guilty and convicted of any second or further offenses established by the Municipal Court of the Town of West Union shall be subject to a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), plus all court costs.
14-1.9 Liability
Nothing contained within this Ordinance is intended, nor shall be construed so as to create or form the basis for any civil or administrative liability whatsoever on the part of the Town of West Union, or any of its officers, officials, employees, or agents, for any injury or damage resulting to any person whomsoever as a consequence of any action or inaction on the part of the Town of West Union as related in any manner to the enforcement or non-enforcement of this Ordinance by the Town’s officers, officials, employees, or agents.
14-1.10 Invalid Provisions and Inconsistent Ordinances
The provisions of this Ordinance are severable, and in the event that any provision or part thereof 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 or parts of this Ordinance not specifically held to be invalid. It is hereby declared to be the intent of the Town of West Union that this Ordinance would have been adopted if any such invalid provision or part hereof had not been included herein.
All other ordinances or parts of ordinances in conflict with provisions herein are hereby repealed.
14-1.11 Effective Date
This Ordinance shall be deemed effective thirty (30) days following the second (2nd) reading, passage and adoption by the Council of the Town of West Union. (Passed: September 4, 2007) Effective October 2, 2007.
<< BACK TO ORDINANCE INDEX |
