ALL-TERRAIN VEHICLES

Charleston, W. Va., City Code ch. 114, art. XIII

in effect

Charleston, W. Va., City Code § 114-862 Definitions.

Sec. 114-862. - Definitions. Except as otherwise provided in this chapter the following words and phrases shall have the meanings set forth below: All-terrain vehicle (ATV) means any motor vehicle designed for off-highway use, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control, or as otherwise defined in W. Va. Code § 17A-1-1, or any successor substitute thereto. Motor vehicle means 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. Minor means any person under the age of 18. (Bill No. 6983, § 31-252, 6-2-2003)

Charleston, W. Va., City Code § 114-863 Prohibition of operation and use of all-terrain vehicles.

Sec. 114-863. - Prohibition of operation and use of all-terrain vehicles. The riding, operation, or other use of all-terrain vehicles for transportation or recreational purposes within or upon the streets, alleys, sidewalks, parking lots, and other realty-owned, leased, or controlled property by the city or any of its boards, authorities, or commissions is prohibited. (Bill No. 6983, § 31-253, 6-2-2003)

Charleston, W. Va., City Code § 114-864 Exceptions.

Sec. 114-864. - Exceptions. (a) Notwithstanding any other provision of this Code, it shall not be an offense for any person to lawfully ride or operate any such all-terrain vehicle upon any governmentally-owned realty not owned or controlled by the city or any of its boards, authorities, or commissions located within the corporate limits of the city. (b) Notwithstanding an other provision of this Code, 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 all-terrain vehicle 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. (c) Notwithstanding any other provision of this Code, 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 all-terrain vehicle on the streets, alleys, sidewalks, parking lots, and other realty-owned, leased, or controlled property by the city or any of its boards, authorities, or commissions for purposes of snow removal, if such vehicle is affixed or attached with implements or equipment specifically designed for that purpose, and to be used on such vehicles. (d) Notwithstanding any other provision of this Code, 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 all-terrain vehicle on the streets, alleys, sidewalks, parking lots, and other realty-owned, leased, or controlled property by the city or any of its boards, authorities, or commissions during a period of emergency when the emergency has been so declared by the mayor, and when such riding, operating or other use of any such ATV is in conjunction with response to such an emergency. (Bill No. 6983, § 31-254, 6-2-2003)

Charleston, W. Va., City Code § 114-865 Exemptions.

Sec. 114-865. - Exemptions. The federal government, the State of West Virginia, and its political subdivisions are exempt from the prohibitions contained herein, when any such all-terrain vehicle is used for government purposes. (Bill No. 6983, § 31-255, 6-2-2003)

Charleston, W. Va., City Code § 114-866 Authorizing or permitting a minor to violate any provision of this article.

Sec. 114-866. - Authorizing or permitting a minor to violate any provision of this article. No person shall authorize or knowingly permit a minor to violate any provision within this section. Any such violation or knowingly permitting any such minor to violate the provisions of this section shall constitute a criminal violation hereof and shall subject such person to the criminal penalties set forth in this section. The citing of any person pursuant to this paragraph shall not be reason to prohibit the police officer from also citing the driver of said all-terrain vehicle. (Bill No. 6983, § 31-256, 6-2-2003)

Charleston, W. Va., City Code § 114-867 Penalties.

Sec. 114-867. - Penalties. (a) Any person who violates section 114-863 of this article shall constitute the commission of a misdemeanor criminal offense, and any officer of the police department of the city or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of section 114-863. Any person convicted of a first offense established hereunder shall be fined not less than $25.00 nor more than $100.00. Any person convicted of a second or subsequent offense established hereunder shall be fined not less than $250.00. (b) Any person who violates section 114-866 of this article shall constitute the commission of a misdemeanor criminal offense, and any officer of the police department of the city or any other officer of any other police agency exercising proper jurisdiction within the corporate limits of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of section 114-866. Any person convicted of a first offense established hereunder shall be fined not less than $25.00 nor more than $100.00. Any person convicted of a second or subsequent offense established hereunder shall be fined not less than $250.00. (Bill No. 6983, § 31-257, 6-2-2003)

Charleston, W. Va., City Code § 114-868 Liability.

Sec. 114-868. - Liability. Nothing contained within this article 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 city 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 city related, in any manner, to the enforcement or non-enforcement of this article by the city's officers, officials, employees, or agents. (Bill No. 6983, § 31-258, 6-2-2003)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH114TROR_ARTXIIIARRVEFetched: 11/7/2026