CHAPTER III ARTICLE 22. ALL-TERRAIN VEHICLES*
*State law references and cross references—all-terrain vehicles, WV Code, 17F-1-9
Sec. I PURPOSE OF ORDINANCE
To regulate the operation of all-terrain vehicles within the limits of the Town of Clendenin.
Sec. 2 LOCAL GOVERNMENT AUTHORITY TO REGULATE
Pursuant to the code of West Virginia 17F-1-3, the governing body of a municipality, may regulate in any manner or prohibit by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
Sec. 3 DEFINITION OF ALL-TERRAIN VEHICLE
For the purpose of this Code Section, the term “all-terrain vehicle” as used herein shall be as defined in Section 17F-1-9 of the West Virginia code and include all-terrain vehicles, rough-utility vehicles, rough-terrain vehicles, utility-terrain vehicles and golf carts.
Sec. 4 ALL-TERRAIN VEHICLES PROHIBITED
Except as otherwise provided herein, no all-terrain vehicles shall be permitted to operate on paved roadways in the Town of Clendenin.
a) It shall not be an offense for any person, who is 18 years of age or older and holds a valid driver’s license to lawfully ride or operate such all-terrain vehicle under the following circumstances.
(1) For governmental purposes upon any realty owned or controlled by the Town of Clendenin or any of its boards, authorities, or commissions located within the corporate limits of the Town of Clendenin.
(2) When operated for governmental purposes by or at the direction of any authorized employee, agent, or officer of the Federal Government, the State of West Virginia, or other political subdivisions.
(3) Upon a designated parade route, when such person is a duly registered and recognized participant in any such permitted parade, provided that such all-terrain vehicle riding or operation occurs in conjunction with said parade.
(4) To travel on Town streets for purposes of removing snow from sidewalks, driveways and parking areas.
(5) To travel to and from one’s place of residence to another residence.
(6) Any passenger under the age of 18 must wear a helmet.
(7) All ATVs must obey posted speed limits and operate no more than 25 mph
(8) No ATVs shall be operated with more than one passenger unless specifically recommended by manufacturer.
(b) An all-terrain vehicle operated pursuant to the exceptions set forth in subsection (a) hereinabove shall be subject to the following
(1) Any operator of an all-terrain vehicle shall abide by all local ordinance and state traffic laws applicable to operators of motor vehicles in the Town of Clendenin and the state of West Virginia.
(2) When crossing any road or highway, the all-terrain vehicle shall cross at a place where there are no obstructions that prevent a quick and safe crossing and the all-terrain vehicle is brought to a complete stop before crossing a shoulder or any road or highway.
(3) The operator yields his or her right-of way to all oncoming traffic.
(4) No operation of and All-Terrain Vehicle shall be operated between the hours of 10:00 p.m. to 5:00 a.m.
(5) If an all-terrain vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle shall be equipped with headlights and taillights that are illuminated.
(6) Any person operating an all-terrain vehicle shall be covered by a policy of insurance with a minimum liability coverage limit of $25,000.00 because of bodily injury to or death of one person in any accident, and subject to said limit for one person, in the amount of $50,000.00 because of bodily injury to or death of two or more persons in any one accident and in the amount of $25,000.00 because of injury to or destruction of property of others in any one accident.
(7) Must have a manufacturer-installed or equivalent spark arrestor and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system.
Sec. 5 REGISTRATION REQUIREMENTS
(a) Any operator of an all-terrain vehicle who intends to operate the vehicle within the Towns limits shall make application to the Town of Clendenin Police Department for a certificate of registration and shall provide a copy of the operator’s current driver’s license and proof of insurance in accordance with Section 4 hereinabove. There will be a yearly fee of $25.00 for the first all-terrain vehicle and $10.00 for a registration for a second all-terrain vehicle registered to same individual.
(b) Upon approval of the application, the operator shall receive an all-terrain vehicle registration card and identification number that shall be prominently displayed and readily visible on the registered all-terrain vehicle.
(c) While operating an all-terrain vehicle on Town streets, the operator shall have in his or her possession at all times, the all-terrain vehicle registration card, driver’s license and proof of insurance.
Sec. 6 PERMITTED ROADWAYS
(a) All registered all-terrain vehicles are restricted to the following designated roadways.
(1) Route 4, from the eastern town boundary to the intersection of Route 119,
(2) Route 119, from the western town boundary to the northern town boundary,
(3) French Street,
(4) Maywood Avenue between the western intersection with Reamer Road and old railroad crossing near the former Clendenin Elementary School site,
(5) Kanawha Avenue between old railroad crossing near the former Clendenin Elementary School site and Morris Creek Road,
(6) Morris Creek Road between the intersection of Kanawha Avenue and the southern town boundary,
(7) Reamer Road, from the western town boundary to the eastern intersection with Maywood Avenue
(b) Clendenin residents should take the most direct route from their homes to the designated roadways.
Sec. 7 PENALTIES
a) Any person who violates any provision of this article or county ordinance or who owns or has control of an all- terrain vehicle and knowingly permits it to be used in violations of the provisions of this article, except as provided in paragraph (b) of this sub section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $200.00.
b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating on an all-terrain vehicle is guilty of a misdemeanor and shall be subject to the following penalties:
(1) For the first offense, a fine of not less than $100.00, nor more than $150.00, or not more than 10 hours of community service, or both.
(2) For a second offense, a fine of not less than $150.00, nor more than $200.00, or not more than (20) hours of community service, or both.
(3) For the third or subsequent offense, a fine of not less than $200.00, nor more than $500.00, or not more than one hundred hours of community service, and impounding of said all-terrain vehicle.
Sec. 8 MISCELLANEOUS PROVISIONS
Nothing contained within this Code Section is intended, or 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 Clendenin or any of its officers, officials, employees, or agents for any injury or damage resulting to any person as a consequence of any action or inaction on the part of the Town of Clendenin related, in any manner, to the enforcement or non-enforcement of the Code Section by the Town’s officers, officials, employees or agents.
The provisions of this Code Section are severable and, in the event that any provision or part hereof shall be held invalid for any reason by any court exercising component jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions of this Code Section not specifically held to be invalid.
This article shall take effect no sooner than May 1st of 2019 and no later than June 1st of 2019 and shall remain in effect only until December 31st of 2019 and as of that date this article is repealed unless an extension or re-authorization of this article is approved by the Council of the Town of Clendenin.