ATVs Banned On New Martinsville Streets
Monday evening New Martinsville City Council passed the second reading of an ordinance that prohibits the use of recreational vehicles such as all-terrain vehicles on city property, including streets and alleys. It goes into effect immediately.
According to the ordinance, “numerous incidents have been observed by, or otherwise reported to, municipal authorities, and particularly the City of New Martinsville Police Department, involving the operation of recreational vehicles or other unlicensed motor vehicles upon the public streets, alleys, sidewalks, parking lots, and other public-owned, leased, or controlled property; and
“Whereas, these incidents frequently have posed concerns for the safety and well-being of (i) individuals operating all-terrain vehicles, (ii) individuals operating other permitted and licensed vehicles, and (iii) pedestrians; and
“Whereas, the Common Council of the City of New Martinsville has determined that, in order to best protect the safety, health, and general well-being of all those individuals described within (i), (ii), and (iii) of the immediately foregoing paragraph, i.e., individuals operating recreational vehicles or other unlicensed motor vehicles, individuals operating other permitted and licensed vehicles, and pedestrians, that the operation of recreational vehicles upon the streets, alleys, sidewalks, parking lots, and other city-owned, leased, or otherwise controlled property situated within the corporate limits of the City of New Martinsville should be prohibited except for limited purposes, and any such prohibited activity should be criminalized with the imposition of progressive fines against those individuals operating recreational vehicles in prohibited areas.”
The exceptions are as follows:
-Lawn tractors, garden tractors, mowers, and similar equipment are not classified as recreational vehicle regardless of use, construction or tire configuration, and are not addressed under any provision of this ordinance.
-Except as provided, nothing in this ordinance may be construed to preclude or limit the use of operation of recreational vehicles that are operated exclusively on land owned or lease by the vehicles owner or on private lands of others with the owner’s permission.
-Except as provided, nothing in this ordinance may be construed to preclude or limit the use or operation of recreational vehicles for lawful non-recreational purposes or commercial purposes, including, but not limited to licensed business, farm use, oil and gas operations, timbering surveying public utilities access, emergency serves and parades.
-Except as provided, nothing in this ordinance may be construed to preclude or limit the use or operation of handicapped mobility devices.
-Except as provided, nothing in this ordinance may be construed to preclude or limit the use or operation of motorized electric “ride-on” toys and novelty items designed for use by children and operated under proper supervision by parents and/or legal guardians.
-Every person operating a recreational vehicle upon a public road, alley or highway inside the corporate limits of the city shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of city ordinance sections 13-1 through 13-129 commonly titled as “Motor Vehicles and Traffic: except where inconsistent with the provisions of this ordinance and except as to those provisions of the Motor Vehicle and Traffic ordinance which by their nature can have no application.
-Every person operating a recreational vehicle inside the corporate limits of the city, even upon private property, shall be subject to all of the duties applicable to any citizen by the provisions of Chapter 15 entitled as “Noises”.
The penalties are a fine of $25 for a first offense; $50 for a second offense; and $100 for third or subsequent offense.