|
|
|
|
|
|
|
|
|
 | |||
 | | | |
Find Legal Definitions
Search Results
[clear these search results]
Describe the offense in detail:
Print PreviewINFORMATION FOR WARRANTState of West Virginia, County of Monongalia, Municipality of Granville to wit:
[complainant] this day makes complaint and information before me, ___________________________________
DMCC or Municipal Judge of Granville that on [date] in said municipality of Granville in said county of Monongalia and State of West Virginia did unlawfully
[Description] against, and in violation of ordinance [code] of the said Municipality. Therefore the said [complainant] prays that the said [defendant] may be apprehended and held to answer the said complaint and charge aforesaid, and be dealt with in relation thereto according to law.[complainant's name] ______________________________ Taken and subscribed,and sworn to before me this day _______ of _______________ , ___________
WARRANT FOR ARRESTSTATE OF WEST VIRGINIA County of Monongalia, Municipality of Granville, to wit:To the Sergeant or any policeman of said Municipality: against the peace and dignity of said Municipality. Therefore, we command you in the name of the Municipality of Granville, State of West Virginia, forthwith to apprehend the said [defendant] and bring that person before me, the Judge or DMCC of said Municipality, to answer said complaint, and to be further dealt with in relation thereto according to law.
Given under my hand this _________ day of _____________ , ______________
_________________________________________________
DMCC / Municipal Judge Executed By: ________________________________ Date: _________________ Entered Computer By: _________________________ Date: _________________ Removed Computer By: ________________________ Date: _________________ | Clear the Complaint Section | 303.03OBEDIENCE TO POLICE OFFICERS; FLEEING. (a) No person shall willfully fail
or refuse to comply with a lawful order or direction of any police officer or designated
special officer invested by law with authority to direct, control or regulate traffic.
(b) No person shall operate a vehicle so as to willfully elude or flee a police officer
or designated special officer after receiving a visible or audible signal from such an officer
to bring his vehicle to a stop.
303.06APPLICATION TO PERSONS RIDING ANIMALS OR DRIVINGANIMAL-DRAWN VEHICLES.Every person riding an animal or driving any
animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to
all of the duties applicable to the driver of a vehicle by this Traffic Code, except those
provisions of this Traffic Code which by their very nature can have no application.
000.00PLAYING IN STREETS.(a) No person shall use the public streets,
highways, alleys, thoroughfares, roads or avenues of the Municipality for the purpose of
engaging in or playing any games or athletic activities, including but not limited to, such
activities as playing catch, baseball, football, skating, sledding and/or any activity related
to the same.(b) Any violation of subsection (a) hereof is hereby declared to be a public
nuisance per se and may be summarily abated by any law enforcement officer.
311.03TOY VEHICLES ON STREETS.No person on roller skates or riding in or by means
of any sled, toy vehicle, skateboard or similar device shall go upon any roadway except while
crossing a street on a crosswalk and except on streets set aside as play streets.
311.04DRIVING ON PLAY STREETS.When authorized signs are erected indicating any
street or part thereof as a play street, no person shall drive a vehicle upon any such street
or highway or portion thereof except drivers of vehicles having business or whose residence are
within such closed area, and then any such driver shall exercise the greatest care in driving
upon any such street or highway or portion thereof.
313.01OBEDIENCE TO TRAFFIC CONTROL DEVICES.(a) The driver of any vehicle shall obey the
instructions of any official traffic control device applicable thereto placed in accordance
with the provisions of this Traffic Code, unless otherwise directed by a traffic or police
officer, subject to the exceptions granted the driver of an authorized emergency vehicle in
this Traffic Code.
313.06UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW,ADVERTISING.(a) No local authority or person shall place,
maintain or display upon or in view of any street or highway any unauthorized traffic control
device or traffic control signal, or any unauthorized sign, signal, marking or device which
purports to be or is an imitation of or resembles an official traffic control device or
railroad sign or signal, or which attempts to direct the movement of traffic or which hides
from view or interferes with the effectiveness of any official traffic control device or any
railroad sign or signal, and no person shall place or maintain nor shall any public authority
permit upon any street or highway any traffic control device bearing thereon any commercial
advertising. This shall not be deemed to prohibit the erection upon private property adjacent
to a street or highway of signs giving useful directional information and of a type that cannot
be mistaken for official signs.
313.07ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.No person shall without lawful authority attempt to
or in fact alter, deface, injure, knock down or remove any official traffic control device or
any railroad sign or signal or any
313.08TRAFFIC VIOLATIONS IN CONSTRUCTION ZONES.(a) At each and every location where street or
highway construction work is to be conducted a sign shall be posted at least 1,000 feet from
the construction site, or as close to 1,000 feet from the construction site as is practicable
given the location of the site when workers are present, notifying all motorists as to the
speed limit and displaying the words "construction work".(b) No person shall violate any
posted speed restriction or traffic restriction at such construction site referred to in
subsection (a) of this section.Nothing in this section shall be construed to preclude
prosecution of any operator of a motor vehicle who commits a violation of any other provision
of this Traffic Code for such violation.
315.02OBSTRUCTING OR INTERFERING WITH PARADE.No person shall hamper, obstruct, molest, impede or
interfere with any parade or parade assembly or with any person, vehicle or animal
participating or used in a parade.
315.03DRIVING THROUGH PARADE.No driver of a vehicle, float or animal, except
emergency vehicles enroute to a call, shall drive between the vehicles or persons comprising a
parade when such vehicles or persons are in motion and are conspicuously designated as a
parade.
331.03DUTY TO GIVE INFORMATION AND RENDER AID.The driver of any vehicle involved in an accident
resulting in injury to or death of any person or damage to any vehicle which is driven or
attended by any person shall give his or her name, address and the registration number of the
vehicle he or she is driving and shall upon request and if available exhibit his or her
driver's license to the person struck or the driver or occupant of or person attending any
vehicle collided with and shall render to any person injured in such accident reasonable
assistance, including the carrying, or the making arrangements for the carrying of such person
to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that
such treatment is necessary or if such carrying is requested by the injured person. (WVaC 17C-
4-3)
331.04COLLISION WITH UNATTENDED VEHICLE.The driver of any vehicle which collides with any
vehicle which is unattended shall immediately stop and shall then and there either locate and
notify the operator or owner of such vehicle of the name and address of the driver and owner of
the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the
vehicle struck a written notice giving the name and address of the driver and of the owner of
the vehicle doing the striking and a statement of the circumstances thereof.
331.05COLLISION WITH FIXTURES UPON A STREET OR HIGHWAY.The driver of any vehicle involved in an accident
resulting only in damage to fixtures or other property legally upon or adjacent to a highway
shall take reasonable steps to locate and notify the owner or person in charge of such property
of such fact and of his or her name and address and of the registration number of the vehicle
he or she is driving and shall upon request and if available exhibit his or her driver's
license and shall make report of such accident when and as required.
331.06IMMEDIATE NOTICE AND WRITTEN REPORT REQUIRED.The driver of a vehicle which is in any manner
involved in an accident resulting in bodily injury to or death of any person or total property
damage to an apparent extent of one thousand dollars ($1,000.00) or more shall give immediate
notice thereof to the Police Department and shall, within five days after such accident,
forward a written report of such accident to the Police Department or a copy of any report he
is required to forward to the State. The provisions of this section shall not be applicable
when the accident has been investigated at the scene by a police officer while such driver was
present there at.
331.07WHEN DRIVER UNABLE TO REPORT.Whenever the driver of a vehicle is physically
incapable of making an immediate report of an accident as required in Section 331.06 and there
was another occupant in the vehicle at the time of the accident capable of making a report,
such occupant shall make or cause to be made such report not made by the driver.
331.08GARAGES TO REPORT BULLET DAMAGE.The person in charge of any garage or repair shop to
which is brought any motor vehicle which shows evidence of having been struck by any bullet,
shall report to the Police Department within twenty-four hours after such motor vehicle is
received, giving the engine number, registration number, and the name and address of the owner
or operator of such vehicle.
333.01DRIVING UNDER THE INFLUENCE.(a) Any person who:(1) Drives a vehicle in
this Municipality while he or she:A. Is under the influence of alcohol, orB. Is under the
influence of any controlled substance, orC. Is under the influence of any other drug, orD.
Is under the combined influence of alcohol and any controlledsubstance or any other drug, orE.
Has an alcohol concentration in his or her blood of eight hundredthsof one percent or more, by
weight; and(2) When so driving does any act forbidden by law or fails to perform any
dutyimposed by law in the driving of such vehicle, which act or failureproximately causes the
death of any person within one year next followingsuch act or failure, is guilty of a
misdemeanor(b) Any person who:(1) Drives a vehicle in this Municipality while he or
she:A. Is under the influence of alcohol, orB. Is under the influence of any controlled
substance, orC. Is under the influence of any other drug, orD. Is under the combined influence
of alcohol and any controlledsubstance or any other drug, orE. Has an alcohol concentration in
his or her blood of eight hundredthsof one percent or more, by weight; and(2) When so driving
does any act forbidden by law or fails to perform any duty imposed by law in the driving of
such vehicle, which act or failureproximately causes bodily injury to any person other than
himself orherself, is guilty of a misdemeanor.(c) Any person who:(1) Drives a
vehicle in this Municipality while he or she:A. Is under the influence of alcohol, orB. Is
under the influence of any controlled substance, orC. Is under the influence of any other
drug, orD. Is under the combined influence of alcohol and any controlledsubstance or any
other drug, orE. Has an alcohol concentration in his or her blood of eight hundredths of
one percent or more, by weight; (d) Any person who, being an habitual user of narcotic drugs or
amphetamine or any derivative thereof, drives a vehicle in this Municipality, is guilty of a
misdemeanor, (e) Any person who:(1) Knowingly permits his or her vehicle to be driven
in this Municipality by any other person who is:A. Under the influence of alcohol, orB.
Under the influence of any controlled substance, orC. Under the influence of any other drug,
orD. Under the combined influence of alcohol and any controlledsubstance or any other drug,
orE. Has an alcohol concentration in his or her blood of eight hundredths of one percent or
more, by weight;(f) Any person who knowingly permits his or her vehicle to be driven in
this Municipality by any other person who is an habitual user of narcotic drugs or amphetamine
or any derivative thereof, is guilty of a misdemeanor,Any person under the age of twenty-one
years who drives a vehicle in this Municipality while he or she has an alcohol concentration in
his or her blood of two hundredths of one percent or more, by weight, but less than eight
hundredths of one percent, by weight, shall, for a first offense under this subsection, be
guilty of a misdemeanor, (h) Any person who:(1) Drives a vehicle in this Municipality
while he or she:A. Is under the influence of alcohol; orB. Is under the influence of any
controlled substance; orC. Is under the influence of any other drug; orD. Is under the
combined influence of alcohol and any controlledsubstance or any other drug; orE. Has an
alcohol concentration in his or her blood of eight hundredths of one percent or more, by
weight; and
333.02RECKLESS DRIVING.(a) No person shall drive any vehicle upon any
street or highway, or upon any residential street, or in any parking area, or upon the ways of
any institution of higher education, whether public or private or upon the property of the
Board of Education, or upon any property within the Town park and public recreation system, in
willful or wanton disregard for the safety of persons or property.(b) The provisions of
subsection (a) hereof shall not apply to those areas which have been temporarily closed for
racing sport events or which may be set aside by the Town within the park and recreation system
for exclusive use by motorcycles or other recreational vehicles.(c) The driver of every
vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an intersection or railway grade
crossing, when approaching and going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway and when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or highway conditions.(d) The speed limit
on controlled-access highways and interstate highways, where no special hazard exists that
requires a lower speed, shall be not less than fifty-five miles per hour and the speed limits
specified in subsection (b) of this section do not apply.
335.02SLOW SPEED.No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of traffic except when reduced speed is
necessary for safe operation or in compliance with law. (WVaC 17C-6-3a(a))
335.03SPECIAL SPEED LIMITATIONS.(a) Subject to all other speed restrictions of this
Traffic Code no person shall drive a vehicle not designed for carrying passengers and equipped
with pneumatic tires at a speed in excess of:(1) Twenty miles per hour in any business
district;(2) Twenty-five miles per hour in any residence district;(3) Forty miles per
hour on open country highway;(4) Trucks licensed at 8,000 pounds gross vehicle weight or
less shall be permitted the same speed as passenger cars.(b) No person shall drive any
vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles
per hour. No person shall drive a vehicle over any bridge or other elevated structure
constituting a part of a street or highway at a speed which is greater than the maximum speed
which can be maintained with safety to such bridge or structure, when such structure is so
signposted.
335.04RACING ON STREETS AND HIGHWAYS PROHIBITED.No person shall engage in, or aid or abet by serving
as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on
any public street or highway in this Municipality. For the purposes of this section, "speed
race" means:(a) The operation of a motor vehicle in speed acceleration competition with another
motor vehicle or motor vehicles; or(b) The operation of a motor vehicle in speed acceleration
competition against time; or(c) The operation of a motor vehicle in speed competition with
another motor vehicle or motor vehicles where the speed exceeds the lawful speed limit.
337.01DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.(a) Upon all roadways of sufficient width a vehicle
shall be driven upon the right half of the roadway, except as follows:(1) When overtaking
and passing another vehicle proceeding in the same direction under the rules governing such
movement;(2) When the right half of a roadway is closed to traffic while under construction
or repair;(3) Upon a roadway divided into three marked lanes for traffic under the rules
applicable thereon; or(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at
the time and place and under the conditions then existing shall be driven in the right-hand
lane then available for traffic, or as close as practicable to the right-hand curb or edge of
the roadway, except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a private road or
driveway.
337.02PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.Drivers of vehicles proceeding in opposite
directions shall pass each other to the right, and upon roadways having width for not more than
one line of traffic in each direction each driver shall give to the other at least one-half of
the main-traveled portion of the roadway as nearly as possible.
337.03OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to these limitations, exceptions
and special rules hereinafter stated.(a) The driver of a vehicle overtaking another
vehicle proceeding in the same direction shall give an audible signal and pass to the left
thereof at a safe distance and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle.(b)Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on audible signal and shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle.
337.04OVERTAKING AND PASSING UPON RIGHT.(a) The driver of a vehicle may overtake and pass
upon the right of another vehicle only under
the following conditions:(1) When the vehicle overtaken is making or about to make a left
turn;(2) Upon a street or highway with unobstructed pavement not occupied by parked
vehicles of sufficient width for two or more lines of moving vehicles in each direction;(3)
Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of
movement, where the roadway is free from obstructions and of sufficient width for two or more
lines of moving vehicles.(b) The driver of a vehicle may overtake and pass another vehicle
upon the right only under conditions permitting such movement in safety. In no event shall such
movement be made by driving off the pavement or main-traveled portion of the roadway.
337.05OVERTAKING, PASSING TO LEFT OF CENTER.No vehicle shall be driven to the left side of the
center of the roadway in overtaking and passing another vehicle proceeding in the same
direction unless such left side is clearly visible and is free of oncoming traffic for a
sufficient distance ahead to permit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching from the opposite direction or
any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side
of the roadway before coming within 100 feet of any vehicle approaching from the opposite
direction.
337.06ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.(a) No vehicle shall at any time be driven to the
left side of the roadway under the following conditions:(1) When approaching the crest of a
grade or upon a curve in the street or highway where the driver's view is obstructed within
such distance as to create a hazard in the event another vehicle might approach from the
opposite direction;(2) When approaching within 100 feet of or traversing any intersection or
railroad grade crossing;(3) When the view is obstructed upon approaching within 100 feet of
any bridge, viaduct or tunnel.(b) The foregoing limitations shall not apply upon a one-way
roadway.
337.07NO PASSING ZONES.The Mayor is hereby authorized to determine those
portions of any street or highway where overtaking and passing or driving to the left of the
roadway would be especially hazardous and may by appropriate signs or markings on the roadway
indicate the beginning and end of such zones and when such signs or markings are in place and
clearly visible to an ordinarily observant person every driver of a vehicle shall obey the
directions thereof.337.08 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.(a) Upon a roadway
designated and signposted for one-way traffic a vehicle shall be driven only in the direction
designated.(b) A vehicle passing around a rotary traffic island shall be driven only to the
right of such island.
337.09DRIVING IN MARKED LANES OR CONTINUOUS LINESOF TRAFFIC.Whenever any roadway has been divided into two or
more clearly marked lanes for traffic the following rules in addition to all others consistent
herewith shall apply:(a) A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the driver has first
ascertained that such movement can be made with safety.(b) Upon a roadway which is divided
into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a
left turn lane except in preparation for a left turn or where such center lane is at the time
allocated exclusively to traffic moving in the direction the vehicle is proceeding and is
signposted to give notice of such allocation.(c) Official signs may be erected directing
slow-moving traffic to use a designated lane or designating those lanes to be used by traffic
moving in a particular direction regardless of the center of the roadway and drivers of
vehicles shall obey the directions of every such sign.
337.10FOLLOWING TOO CLOSELY.(a) The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable and prudent having due regard for the speed of
such vehicles and the traffic upon and the condition of the street or highway.(b) No
operator of any motor truck, registered for a gross weight of more than 8,000 pounds, bus,
special mobile equipment or any motor vehicle drawing another vehicle operating upon any
roadway outside of a business or residence district, shall follow within 200 feet of another
motor truck, bus, special mobile equipment or any motor vehicle drawing another vehicle;
provided that this provision shall not be construed to:(1) Prevent overtaking and
passing;(2) Apply upon any lane specially designated for the use of motor trucks or
combinations of vehicles, or within any section of a roadway posted or marked as a "no-passing
zone";(3) Apply to any convoy of vehicles of the military service of the United States(4)
or of this State; and(5) Apply to funeral processions.(c) Motor vehicles being driven
upon any roadway outside of a business or residence district in a caravan or motorcade whether
or not towing other vehicles shall be so operated as to allow sufficient space between each
such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy
such space without danger. This provision shall not apply to:(1) Funeral processions;
or(2) Any convoy of vehicles of the military service of the United States or of this
State.
337.11DRIVING UPON DIVIDED ROADWAYS.Whenever any street or highway has been divided into
two roadways by leaving an intervening space or by a physical barrier or clearly indicated
dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven
only upon the right-hand roadway and no vehicle shall be driven over, across or within any such
dividing space, barrier or section, except through an opening in such physical barrier or
dividing section or space or at a crossover or intersection established by public
authority.
337.12ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as are established by public
authority. 339.02 RIGHT TURNS.Both the approach for a right turn and a right turn shall
be made as close as practicable to the right-hand curb or edge of the roadway.
339.03LEFT TURNS ON TWO-WAY ROADWAYS.At any intersection where traffic is permitted to
move in both directions on each roadway entering the intersection, an approach for a left turn
shall be made in that portion of the right half of the roadway nearest the centerline thereof
and by passing to the right of such centerline where it enters the intersection and after
entering the intersection the left turn shall be made so as to leave the intersection to the
right of the centerline of the roadway being entered. Whenever practicable the left turn shall
be made in that portion of the intersection to the left of the center of the
intersection.
339.04LEFT TURNS ON OTHER THAN TWO-WAY ROADWAYS.At any intersections where traffic is restricted to
one direction on one or more of the roadways, the driver of a vehicle intending to turn left at
any such intersection shall approach the intersection in the extreme left-hand lane lawfully
available to traffic moving in the direction of travel of such vehicle and after entering the
intersection the left turn shall be made so as to leave the intersection, as nearly as
practicable, in the left-hand lane lawfully available to traffic moving in such direction upon
the roadway being entered.
339.05SPECIFIED TURNS AT INTERSECTIONS.The Mayor may cause markers, buttons or signs to be
placed within or adjacent to intersections and thereby require and direct that a different
course from that specified in this article be traveled by vehicles turning at an intersection,
and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at
an intersection other than as directed and required by such markers, buttons or signs.
339.06"U" TURNS RESTRICTED.No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where
such vehicle cannot be seen by the driver of any other vehicle approaching from either
direction within 500 feet.
339.07STARTING VEHICLE.No person shall start a vehicle which is stopped,
standing or parked unless and until such movement can be made with reasonable safety.
339.08SIGNALS BEFORE CHANGING COURSE, TURNING ORSTOPPING.(a) No person shall turn a vehicle at an
intersection unless the vehicle is in proper position upon the roadway as required in Sections
339.02 to 339.05, or turn a vehicle to enter a private road or driveway or otherwise turn a
vehicle from a direct course or move right or left upon a roadway unless and until such
movement can be made with reasonable safety. No person shall so turn any vehicle without giving
an appropriate signal in the manner hereinafter provided in the event any other traffic may be
affected by such movement.(b) A signal of intention to turn right or left when required shall
be given continuously during not less than the last 100 feet traveled by the vehicle before
turning.(c) No person shall stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal in the manner provided herein to the driver of any vehicle
immediately to the rear when there is opportunity to give such signal.
339.09SIGNALS TO BE GIVEN BY HAND AND ARM OR SIGNAL DEVICE.Any stop or turn signal when required herein shall
be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal
device, but when a vehicle is so constructed or loaded that hand-and-arm signal would not be
visible both to the front and rear of such vehicle then such signals must be given by such a
lamp or lamps or signal device.
339.10HAND AND ARM SIGNALS.All signals herein required given by hand and arm
shall be given from the left side of the vehicle in the following manner and such signals shall
indicate as follows:(a) Left Turn: Hand and arm extended horizontally.(b) Right Turn.
Hand and arm extended upward.(c) Stop or Decrease Speed: Hand and arm extended
downward.
341.01RIGHT OF WAY AT INTERSECTIONS.(a) The driver of a vehicle approaching an
intersection shall yield the right of way to a vehicle which has entered the intersection from
a different street or highway.(b) When two vehicles enter an intersection from a
different street or highway at approximately the same time the driver of the vehicle on the
left shall yield the right of way to the vehicle on the right.(c) The right-of-way rules
declared in subsections (a) and (b) hereof are modified at through streets or highways and
otherwise as hereinafter stated in this article.
341.02RIGHT OF WAY WHEN TURNING LEFT.The driver of a vehicle within an intersection
intending to turn to the left shall yield the right of way to any vehicle approaching from the
opposite direction which is within the intersection or so close thereto as to constitute an
immediate hazard, but such driver, having so yielded and having given a signal when and as
required by this Traffic Code may make such left turn and the drivers of all other vehicles
approaching the intersection from the opposite direction shall yield the right of way to the
vehicles making the left turn.
341.03RIGHT OF WAY AT THROUGH STREET OR HIGHWAY ORSTOP INTERSECTIONS.(a) The driver of a vehicle shall stop as required
by Section 343.05 at the entrance to a through street or highway and shall yield the right of
way to other vehicles which have entered the intersection from such through streets or highways
or which are approaching so closely on such through street or highway as to constitute an
immediate hazard but the driver having so yielded may proceed.(b) The driver of a vehicle
shall likewise stop in obedience to a stop sign as required herein at an intersection where a
stop sign is erected at one or more entrances thereto although not a part of a through street
or highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are
within the intersection or approaching so closely as to constitute an immediate hazard, but may
then proceed.
341.04DRIVING ON TO ROADWAY FROM PRIVATE ROADOR DRIVEWAY; DUTY TO YIELD.The driver of a vehicle about to enter or cross a
street or highway from a private road or driveway shall yield the right of way to all vehicles
approaching on the street or highway.
341.05RIGHT OF WAY OF EMERGENCY VEHICLE.(a) Upon the immediate approach of an authorized
emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by
Section 345.18, which is visible under normal atmospheric conditions from a distance of 500
feet to the front of such vehicle other than a police vehicle when operated as an authorized
emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or
bell, the driver of every other vehicle shall yield the right of way and shall immediately
drive to a position parallel to, and as close as possible to, the right-hand edge or curb of
the roadway clear of any intersection and shall stop and remain in such position until the
authorized emergency vehicle has passed, except when otherwise directed by a police
officer.
343.01DRIVING ACROSS GRADE CROSSING.(a) Whenever any person driving a vehicle approaches
a railroad grade crossing under any of the circumstances stated in this section, the driver of
such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail
of such railroad, and shall not proceed until he can do so safely. The foregoing requirements
shall apply when:(1) A clearly visible electric or mechanical signal device gives warning of
the immediate approach of a railroad train;(2) A crossing gate is lowered or when a human
flagman gives or continues to give a signal of the approach or passage of a railroad train;(3)
A railroad train approaching within approximately 1,500 feet of the street or highway crossing
emits a signal audible from such distance and such railroad train, by reason of its speed or
nearness to such crossing, is an immediate hazard;(4) Any approaching railroad train is
plainly visible and is in hazardous proximity to such crossing.(b) No person shall drive
any vehicle through, around or under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
343.02STOPS AT DANGEROUS GRADE CROSSINGS.Council or other designated traffic authority with
the approval of the State Commissioner of Highways is hereby authorized to designate
particularly dangerous highway grade crossings of railroads and to erect stop signs thereat.
When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not
less than fifteen feet from the nearest rail of such railroad and shall proceed only upon
exercising due care.
343.03STOPPING AT GRADE CROSSING.(a) Except as provided in subsection (f) of this
section, the driver of a commercial motor vehicle specified in subsection (b) of this section
shall not cross a railroad track or tracks at grade unless he or she first:(1) Stops the
commercial motor vehicle within fifty feet of, and not closer than fifteen feet to, the
tracks;(2) Thereafter, listens and looks in each direction along the tracks for an
approaching train; and(3) Ascertains that no train is approaching.When it is safe to do
so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits
the commercial motor vehicle to complete the crossing without change of gears. The driver shall
not shift gears while crossing the tracks.(b) The following commercial vehicles are required
to stop at railroad tracks or tracks at grade:(1) Every bus transporting passengers;(2)
Every commercial motor vehicle transporting any quantity of a United States Department of
Transportation defined division 2.3 chlorine;(3) Every commercial motor vehicle which, in
accordance with United States Department of Transportation regulations, is marked or
placarded and is required to stop in accordance with 49 C.F.R. part §392.10(a)(3)(2001);(4)
Every cargo tank motor vehicle, loaded or empty, used for the transportation of any hazardous
material, as defined in Federal Department of Transportation hazardous materials rules, 49
C.F.R. parts §107 through §180 (2001);(5) Every cargo tank motor vehicle transporting a
commodity which, at the time of loading, has a temperature above its
flashpoint as determined by 49 C.F.R. §173.120(2001); and (6) Every cargo tank motor
vehicle, whether loaded or empty, transporting any commodity exemption in accordance with 49
C.F.R. part §107 subpart B (2001).(c) Any vehicle owned by an employer which, in carrying on
the employer's business or in carrying employees to and from work, carries more than six
employees of the employer is required to stop at all railroad tracks or tracks at grade, in
accordance with subsection (a) of this section.(d) All drivers of commercial motor
vehicles not required to stop at railroad tracks or tracks at grade as provided in subsection
(a) of this section may not cross a railroad track or tracks at grade unless he or she first
slows the commercial motor vehicle to a speed which will permit the commercial motor vehicle to
be stopped before reaching the nearest rail of the railroad crossing and permit exercise of due
caution to ascertain that the tracks are clear of an approaching train. (e) All drivers of
commercial motor vehicles may not proceed to cross a railroad crossing unless there is
sufficient space to drive completely through the crossing without stopping and the vehicle has
sufficient undercarriage clearance to drive completely through the crossing without stopping.
(f) No stop need be made at:(1) Any crossing where a police officer, crossing flagger
or a traffic-control signal directs traffic to proceed;(2) A streetcar crossing, or
railroad tracks used exclusively for industrial switching purposes within a business district,
as defined in 49 C.F.R. §390.5 (2000);(3) A railroad grade crossing controlled by a
functioning highway traffic signal transmitting a green indication which, under local law
permits the commercial motor vehicle to proceed across the track without slowing or stopping;
or(4) A railroad grade crossing which is marked with a sign indicating that the rail line is
out of service.(g) Any person driving a vehicle specified in this section or a vehicle
that requires a commercial driver's license who fails to comply with the requirements of this
section is guilty of a misdemeanor. Provided, that if the electric or mechanical signal device
is malfunctioning, thissubsection shall not apply.
343.04MOVING HEAVY EQUIPMENT ACROSS GRADE CROSSINGS.(a) No person shall operate or move any crawler-
type tractor, steam shovel, derrick, roller or any equipment or structure having a normal
operating speed of ten or less miles per hour or a vertical body or load clearance of less than
one-half inch per foot of the distance between any two adjacent axles or in any event, of less
than nine inches, measured above the level surface of a roadway, upon or across any tracks at a
railroad grade crossing without first complying with this section.(b) Notice of any such
intended crossing shall be given to a station agent of such railroad and a reasonable time
be given to such railroad to provide proper protection at such crossing.(c) Before making
any such crossing the person operating or moving any such vehicle or equipment shall first stop
the same not less than fifteen feet nor more than fifty feet from the nearest rail of such
railroad and while so stopped shall listen and look in both directions along such track for any
approaching train, and for signals indicating the approach of a train, and shall not proceed
until the crossing can be made safely. (d) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach
of a railroad train or car. If a flagman is provided by the railroad, movement over the
crossing shall be under his direction.
343.05THROUGH STREETS AND STOP INTERSECTIONS. Every driver of a vehicle approaching a
stop sign shall stop before entering the crosswalk on the near side of the intersection or in
the event there is no crosswalk shall stop at a clearly marked stop line, but if none, then at
the point nearest the intersecting street or highway where the driver has a view of approaching
traffic on the intersecting street or highway before entering the intersection except when
directed to proceed by a police officer or traffic control signal.
343.06DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY; STOPPING AT SIDEWALK.The driver of a vehicle within a business or
residence district emerging from any alley, driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any
alleyway or private driveway, and shall yield the right of way to any pedestrian as may be
necessary to avoid collision, and upon entering the roadway shall yield the right of way to all
vehicles approaching on such roadway.
343.07STOPPING FOR SCHOOL BUS; SIGNS AND WARNING LIGHTS;SALE OF SCHOOL BUS.(a) The driver of a vehicle upon meeting or
overtaking from either direction any school bus which has stopped for the purpose of receiving
or discharging any school children shall stop the vehicle before reaching such school bus when
there is in operation on such school bus flashing warning signal lights, as referred to in West
Virginia Code 17C-12-8 and such driver shall not proceed until such school bus resumes motion,
or is signaled by the school bus driver to proceed or the visual signals are no longer
actuated. This section applies wherever the school bus is receiving or discharging children,
including, but not limited to, any street, highway, parking lot, private road or driveway:
provided, that the driver of a vehicle upon a controlled access highway need not stop upon
meeting or passing a school bus which is on a different roadway or adjacent to such highway and
where pedestrians are not permitted to cross the roadway. If the identity of the driver cannot
be ascertained, then any such owner or lessee of the vehicle in violation of this subsection
shall be subject to the penalty provided for a violation of this subsection provided, however,
that such conviction shall not subject such owner or lessee to further administrative or other
penalties for such offense, notwithstanding other provisions of the West Virginia Code or this
Traffic Code to the contrary.(b) Every bus used for the transportation of school
children shall bear upon the front and rear thereof a plainly visible sign containing the words
"school bus" in letters not less than eight inches in height. When a contract school bus is
being operated upon a street or highway for purposes other than the actual transportation of
children either to or from school, all markings thereon indicating "school bus" shall be
covered or concealed. Any school bus sold or transferred to another owner by a county board of
education, agency or individual, shall have all flashing warning lights disconnected and all
lettering removed or permanently obscured, except when sold or transferred for the
transportation of school children.
343.08STOPPING FOR PASSENGER VAN; SIGNS AND WARNING LIGHTS.(a) Every passenger van used for the transportation
of children shall bear upon the front and rear thereof a plainly visible sign containing the
warning "Caution: Loading and Unloading Passengers" in letters not less than six inches in
height. Every such passenger van shall be equipped with either flashing warning signal lights
as are contemplated and referred to in West Virginia Code 17C-12-8, or a red caution flag which
the driver or some other adult must use by exiting the passenger van and displaying while
assisting in the loading or unloading of passengers. Such vehicles may also be equipped with a
white flashing strobotron warning light that meets the requirements set forth in West Virginia
Code 17C-15-26(e).The driver of a vehicle upon meeting or overtaking from any direction any
passenger van which has stopped for the purpose of loading or unloading passengers shall stop
his or her vehicle before reaching the passenger van when there is in operation on the
passenger van flashing warning signal lights or when an adult is outside the passenger van with
a red caution flag and assisting with the loading or unloading of passengers. The driver of a
vehicle may not proceed until he or she is signaled by the passenger van driver to proceed, the
passenger van flashing signal lights are no longer actuated, or the passenger resumes motion.
This section applies whenever the passenger van is loading or unloading children on any street,
highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a
controlled access highway need not stop upon meeting or passing a passenger van which is on a
different roadway or adjacent to the highway and where pedestrians are not permitted to cross
the roadway.
343.09OBSTRUCTING INTERSECTION OR CROSSWALK.No driver shall enter an intersection or a marked
crosswalk unless there is sufficient space on the other side of the intersection or crosswalk
to accommodate the vehicle he is operating without obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic control signal indication to proceed.
345.01DRIVING UNSAFE VEHICLES; APPLICATION; FARM ANDROAD EQUIPMENT EXCEPTIONS.(a) No person shall drive or move and no owner
shall cause or knowingly permit to be driven or moved on any street or highway any vehicle or
combination of vehicles which is in such unsafe condition as to endanger any person, or which
does not contain those parts or is not at all times equipped with such lamps and other
equipment in proper condition and adjustment as required in this article, or which is equipped
in any manner in violation of this article, or for any person to do any act forbidden or fail
to perform any act required under this article(b) Nothing contained in this article shall
be construed to prohibit the use of additional parts and accessories on any vehicle not
inconsistent with the provisions of this article.(c) The provisions of this article with
respect to equipment on vehicles shall not apply to implements of husbandry, road machinery,
road rollers or farm tractors except as herein made applicable. Every farm tractor equipped
with an electric lighting system shall at all times mentioned in Section 345.02 display a red
tail lamp and either multiple-beam or single-beam head lamps meeting the requirements of
Section 345.02.
345.02WHEN LIGHTED LIGHTS REQUIRED.Every vehicle other than a school bus, motorcycle,
motor-driven cycle or moped operated upon a street or highway within this Municipality at any
time from sunset to sunrise or during fog, smoke, rain or other unfavorable atmospheric
conditions, or at any other time when there is not sufficient light to render clearly
discernible persons and vehicles on the street or highway at a distance of 500 feet ahead shall
display lighted head lamps and illuminating devices as hereinafter respectively required for
different classes of vehicles, subject to exceptions with respect to parked vehicles as
provided for in Section 345.07(c). Every school bus, motorcycle, motor-driven cycle and moped
shall display lighted head lamps at all times when upon the street or highway.
345.04HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.(a) Every motor vehicle other than a motorcycle,
motor-driven cycle or moped shall be equipped with at least two head lamps with at least one on
each side of the front of the motor vehicle, which head lamps shall comply with the
requirements and limitations set forth in this article.(b) Every motorcycle, motor-driven
cycle and moped shall be equipped with at least one and not more than two head lamps which
shall comply with the requirements and limitations of this article.(c) Every head lamp upon
every motor vehicle, including every motorcycle, motor-driven cycle and moped, shall be located
at a height measured from the center of the head lamp of not more than fifty-four inches nor
less than twenty-four inches to be measured as set forth in Section 345.03.
345.05TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.(a) Every motor vehicle, trailer or semitrailer,
and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped
with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required,
shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that
in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be
seen from the distance specified.(b) Every tail lamp upon every vehicle shall be located at
a height of not more than sixty inches nor less than twenty inches to be measured as set forth
in Section 345.03(b).(c) Either a tail lamp or a separate lamp shall be so constructed
and placed as to illuminate with a white light the rear registration plate and render it
clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps,
together with any separate lamp for illuminating the rear registration plate, shall be so wired
as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
345.06RED LIGHT OR RED FLAG ON EXTENDED LOADS.Whenever the load upon any vehicle extends to the
rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the
extreme rear end of the load, at the times specified in Section 345.02, a red light or lantern
plainly visible from a distance of at least 500 feet to the sides and rear. The red light or
lantern required under this section shall be in addition to the red rear light required upon
every vehicle. At any time there shall be displayed at the extreme rear end of such load a red
flag or cloth not less than twelve inches square and so hung that the entire area is visible to
the driver of a vehicle approaching from the rear.
345.07LIGHTS ON PARKED OR STOPPED VEHICLES.(a) Whenever a vehicle is lawfully parked upon a
street or highway during the hours between sunset and sunrise and in the event there is
sufficient light to reveal any person or object within a distance of 500 feet upon such street
or highway no lights need be displayed upon such parked vehicle.(b) Whenever a vehicle is
parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended,
during the hours between sunset and sunrise and there is not sufficient light to reveal any
person or object within a distance of 500 feet upon such street or highway, such vehicle so
parked or stopped shall be equipped with one or more lamps meeting the following requirements:
At least one lamp shall display a white or amber light visible from a distance of 500 feet to
the front of the vehicle, and the same lamp or at least one other lamp shall display a red
light visible from a distance of 500 feet to the rear of the vehicle, and the location of such
lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the
requirements of this section is installed as near as practicable to the side of the vehicle
which is closest to passing traffic. The foregoing provisions shall not apply to a motorcycle,
motor-driven cycle or moped. Any lighted head lamps upon a parked vehicle shall be depressed or
dimmed.
345.08LIGHTS ON SLOW-MOVING VEHICLES.All vehicles including animal-drawn vehicles and
including those referred to in Section 345.01(c) not hereinbefore specifically required to be
equipped with lamps, shall at the times specified in Section 345.02 be equipped with at least
one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the
front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance
of 500 feet to the rear.
345.09SPOTLIGHTS AND AUXILIARY LIGHTS.(a) Spot Lamps. Any motor vehicle except a public
utility company maintenance vehicle may be equipped with not more than one spot lamp and every
lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of
the high-intensity portion of the beam will be directed to the left of the prolongation of the
extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. A public utility
company maintenance vehicle may be equipped with more than one spot lamp but all lighted spot
lamps shall be aimed and used in conformity to the requirements of this subsection.(b) Fog
Lamps. Any motor vehicle may be equipped with not more than two fog lamps mounted on the front
at a height not less than twelve inches nor more than thirty inches above the level surface
upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the
high-intensity portion of the light to the left of the center of the vehicle shall at a
distance of twenty-five feet ahead project higher than a level of four inches below the level
of the center of the lamp from which it comes.(c) Auxiliary Passing Lamp. Any motor
vehicle may be equipped with not more than one auxiliary passing lamp mounted on the front at a
height not less than twenty-four inches nor more than forty-two inches above the level surface
upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and
limitations set forth in this article.(d) Auxiliary Driving Lamp. Any motor vehicle may
be equipped with not more than one auxiliary driving lamp mounted on the front at a height not
less than sixteen inches nor more than forty-two inches above the level surface upon which the
vehicle stands and every such auxiliary driving lamp shall meet the requirements and
limitations set forth in this article.Roof-Mounted Off-Road Light Bar Lighting Device. Any
motor vehicle may be equipped with a roof-mounted off-road light bar lighting device comprised
of multiple lamps: provided, that whenever the vehicle is operated or driven upon any road or
highway, the roof-mounted off-road light bar lighting device shall be turned off and covered
with an opaque covering that prohibits light from being emitted while the vehicle is being
operated on any road or highway.
345.10SIGNAL LAMPS AND SIGNAL DEVICES.(a) Any motor vehicle may be equipped and when
required under this Traffic Code shall be equipped with the following signal lamps or devices:
(1) A stop lamp on the rear which shall emit a red or yellow light and which shall be
actuated upon application of the service (foot) brake and which may but need not be
incorporated with a tail lamp.(2) A lamp or lamps or mechanical signal device capable of
clearly indicating any intention to turn either to the right or to the left and which shall be
visible both from the front and rear.(b) A stop lamp shall be plainly visible and
understandable from a distance of 100 feet to the rear both during normal sunlight and at
nighttime and signal lamp or lamps indicating intention to turn shall be visible and
understandable during daytime and nighttime from a distance of 100 feet both to the front and
rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps
shall at all times be maintained in good working condition. No stop lamp or signal lamp shall
project a glaring or dazzling light. All mechanical signal devices shall be self-illuminated
when in use at the times mentioned in Section 345.02.
345.11COWL, FENDER AND BACK-UP LIGHTS; FLASHING HAZARD LIGHTS.(a) Any motor vehicle may be equipped with not more
than two side cowl or fender lamps which shall emit an amber or white light without glare.(b)
Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each
side thereof which shall emit a white or amber light without glare.(c) Except for school buses
as provided in this subsection, any motor vehicle may be equipped with not more than two back-
up lamps either separately or in combination with other lamps, but any such back-up lamp shall
not be lighted when the motor vehicle is in forward motion. School buses used for the
transportation of school children in this Municipality, whether owned and operated by a county
board of education or privately owned and operated under contract with a county board of
education, shall be equipped with two back-up lamps, one on each side of the rear door, with
white lens or reflectors, capable of lighting the roadway and objects to the rear of the bus
for safe backing during darkness, and which, at the option of the county board of education,
may each provide fifty candlepower in illumination intensity instead of thirty-two candlepower.
(d) Any vehicle may be equipped with lamps which may be used for the purpose of warning the
operators of other vehicles of the presence of a vehicular traffic hazard requiring the
exercise of unusual care in approaching, overtaking or passing, and when so equipped may
display such warning in addition to any other warning signals required by this article. The
lamps used to display such warning to the front shall be mounted at the same level and as
widely spaced laterally as practicable and shall display simultaneously flashing white or amber
lights, or any shade of color between white and amber. The lamps used to display such warning
to the rear shall be mounted at the same level and as widely spaced laterally as practicable,
and shall show simultaneously flashing amber or red lights or any shade of color between amber
and red.(e) Vehicles used by "rural mail carriers" in carrying or delivering mail in rural
areas may be equipped with amber flashing lights. Such lights shall be on the front and rear of
the vehicle and may be activated when the vehicle is stopped or decreasing speed in order to
stop in the course of carrying, delivering or picking up mail along the route.(f)
Notwithstanding any other provision of this Code to the contrary, any motor vehicle may be
equipped with not more than one electroluminescent solid state ceramic front identification
plate without glare, mounted in conformance with the manufacturer's specifications. Vehicles
used as the lead car in a funeral procession are hereby authorized to be equipped with, but are
not required to use, purple lamps or purple flashing lights. Such lamps may be used for the
purpose of warning the operators of other vehicles of the presence of a vehicular traffic
hazard requiring the exercise of unusual care in approaching, overtaking or passing a funeral
procession, and when so equipped may display such warning in addition to any other warning
signals required by this article. The lamps or flashing lights used to display such warning to
the front shall be mounted at the same level and as widely spaced laterally as practicable and
shall display simultaneously either illuminating or flashing purple lights. The lamps used to
display such warning to the rear shall be mounted at the same level and as widely spaced
laterally as practicable, and shall show simultaneously flashing or illuminated purple
lights.
345.12MULTIPLE-BEAM ROAD-LIGHTING EQUIPMENT REQUIREMENTS.Except as hereinafter provided, the head lamps or
the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor
vehicles other than a motorcycle, motor-driven cycle or moped shall be so arranged that the
driver may select at will between distributions of light projected to different elevations and
such lamps may, in addition, be so arranged that such selection can be made automatically,
subject to the following limitations:(a) There shall be an uppermost distribution of
light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a
distance of at least 350 feet ahead for all conditions of loading.(b) There shall be a
lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level
road under any condition of loading none of the high-intensity portion of the beam shall be
directed to strike the eyes of an approaching driver.(c) Every new motor vehicle, other than a
motorcycle, motor-driven cycle or moped, registered in the State after January 1, 1952, which
has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall
be lighted whenever the uppermost distribution of light from the head lamps is in use, and
shall not otherwise be lighted. Such indicator shall be so designed and located that when
lighted it will be readily visible without glare to the driver of the vehicle so
equipped.
345.13USE OF HEADLIGHT BEAMS.Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times specified in Section 345.02, the driver
shall use a distribution of light, or composite beam, directed high enough and of sufficient
intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject
to the following requirements and limitations:(a) Whenever a driver of a vehicle
approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light,
or composite beam, so aimed that the glaring rays are not projected into the eyes of the
oncoming driver. The lowermost distribution of light, or composite beam specified in Section
345.12(b) shall be deemed to avoid glare at all times regardless of road contour and loading.
(b) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear,
except when engaged in the act of overtaking and passing, such driver shall use a distribution
of light permissible under this Traffic Code other than the uppermost distribution of light
specified in Section 345.12(a).
345.14SINGLE-BEAM ROAD-LIGHTING EQUIPMENT.Head lamps arranged to provide a single distribution
of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1952 in
lieu of multiple-beam road-lighting equipment herein specified if the single distribution of
light complies with the following requirements and limitations:(a) The head lamps shall be
so aimed that when the vehicle is not loaded none of the high-intensity portion of the light
shall at a distance of twenty-five feet ahead project higher than a level of five inches below
the level of the center of the lamp from which it comes, and in no case higher than forty-two
inches above the level on which the vehicle stands at a distance of seventy-five feet ahead.The
intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200
feet.
345.15LIGHTS ON MOTORCYCLES, MOTOR-DRIVEN CYCLESAND MOPEDS.The head lamp or head lamps upon every motorcycle,
motor-driven cycle and moped may be of the single-beam or multiple-beam type but in either
event shall comply with the requirements and limitations as follows:(a) Every such head lamp or
head lamps shall be of sufficient intensity to reveal a person or a vehicle at a distance of
not less than 100 feet when the motorcycle, motor-driven cycle or moped is operated at any
speed less than twenty-five miles per hour and at a distance of not less than 200 feet when it
is operated at a speed of twenty-five or more miles per hour.In the event the motorcycle,
motor-driven cycle or moped is equipped with a multiple-beam type head lamp or head lamps the
upper beam shall meet the minimum requirements set forth above and shall not exceed the
limitations set forth in Section 345.12(a) and the lowermost beam shall meet the requirements
applicable to a lowermost distribution of light as set forth in Section 345.12(b).In the event
the motorcycle, motor-driven cycle or moped is equipped with a single-beam lamp or lamps such
lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity
portion of light, at a distance of twenty-five feet ahead, shall project higher than the level
of the center of the lamp from which it comes.
345.16ALTERNATE ROAD-LIGHTING EQUIPMENT.Any motor vehicle may be operated under the
conditions specified in Section 345.02 when equipped with two lighted lamps upon the front
thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps
required in Section 345.12, or Section 345.14, provided that at no time shall it be operated at
a speed in excess of twenty miles per hour.
345.17NUMBER OF DRIVING LIGHTS REQUIRED OR PERMITTED.(a) At all times specified in Section 345.02 at
least two lighted lamps shall be displayed, one on each side at the front of every motor
vehicle other than a motorcycle, motor-driven cycle or moped, except when such vehicle is
parked subject to the regulations governing lights on parked vehicles.Whenever a motor vehicle
equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot
lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300
candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be
lighted at any one time when upon a street or highway.
345.18SPECIAL RESTRICTIONS ON LIGHTS) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.(b) No person shall drive or move any vehicle or
equipment upon any street or highway with any lamp or device thereon displaying other than a
white or amber light visible from directly in front of the center thereof except as authorized
by subsection (d) hereof.(c) Except as authorized in subsections (d) and (f) of this section
and Section 345.11, flashing lights are prohibited on motor vehicles: Provided, that any
vehicle as a means for indicating right or left turn, or any vehicle as a means of indicating
the same is disabled or otherwise stopped for an emergency may have blinking or flashing
lights.(d) Notwithstanding any other provisions of this Traffic Code, the following colors
of flashing warning lights are restricted for the use of the type of vehicle designated:(1)
Blue flashing warning lights are restricted to police vehicles. Authorization for police
vehicles shall be designated by the chief administrative official of each police department.(2)
Except for standard vehicle equipment authorized by Section 345.11, red flashing warning lights
are restricted to ambulances; firefighting vehicles; hazardous material response vehicles;
industrial fire brigade vehicles; school buses; Class A vehicles, as defined by West Virginia
Code 17A-10-1, of those firefighters who are authorized by their fire chiefs to have such
lights; Class A vehicles of members of ambulance services or duly chartered rescue squads who
are authorized by their respective chiefs to have such lights; and Class A vehicles of out-of-
state residents who are active members of West Virginia fire departments, ambulance services or
duly chartered rescue-squads who are authorized by their respective chiefs to have such lights.
Red flashing warning lights attached to such Class A vehicles shall be operated only when
responding to or engaged in handling an emergency requiring the attention of such firefighters,
members of such ambulance services, or chartered rescue squads.(3) The use of red flashing
warning lights shall be authorized as follows:A. Authorization for all ambulances shall
be designated by theDepartment of Health and Human Resources and the sheriff of thecounty of
residence.B. Authorization for all fire department vehicles shall be designated bythe Fire
Chief and the State Marshal's office.C. Authorization for all hazardous material response
vehicles andindustrial fire brigades shall be designated by the Chief of the FireDepartment and
the State Fire Marshal's office.D. Authorization for all rescue squad vehicles not
operating out of afire department shall be designated by the squad chief, the sheriffof the
county of residence and the Department of Health andHuman Resources.E. Authorization for
school buses shall be designated as set out in WestVirginia Code 17C-14-12.F. Authorization
for firefighters to operate Class A vehicles shall bedesignated by their fire chiefs and the
State Fire Marshal's office.Authorization for members of ambulance services or any
otheremergency medical service personnel to operate Class A vehiclesshall be designated by
their chief official, the Department of Healthand Human Resources and the sheriff of the county
of residence.H. Authorization for members of duly chartered rescue squads notoperating out of a
fire department to operate Class A vehicles shallbe designated by their squad chiefs, the
sheriff of the county ofresidence and the Department of Health and Human Resources.I.
Authorization for out-of-state residents operating Class A vehicleswho are active members of a
West Virginia fire department,ambulance services or duly chartered rescue squads shall
bedesignated by their respective chiefs.(4) Yellow flashing warning lights are restricted
to the following:A. All other emergency vehicles, including tow trucks and
wreckers,authorized by the West Virginia Code Chapter 17C and 17C-15-27;B. Postal service
vehicles and rural mail carriers, as authorized inSection 345.11;C. Rural newspaper
delivery vehicles;D. Flag car services;E. Vehicles providing road service to disabled
vehicles;F. Service vehicles of a public service corporation;G. Snow removal equipment;
andH. School buses.(5) The use of yellow flashing warning lights shall be authorized
as follows:A. Authorization for tow trucks, wreckers, rural newspaper deliveryvehicles, flag
car services, vehicles providing road service todisabled vehicles, service vehicles of a public
service corporationand postal service vehicles shall be designated by the sheriff of thecounty
of residence.B. Authorization for snow removal equipment shall be designated bythe Commissioner
of the Division of Highways.C. Authorization for school buses shall be designated as set out
in WestVirginia Code 17C-14-12.(e) Notwithstanding the foregoing provisions of this section,
any vehicle belonging to a county board of education, an organization receiving funding from
the state or federal transit administration for the purpose of providing general public
transportation, or hauling solid waste may be equipped with a white flashing strobotron warning
light. This strobe light may be installed on the roof of a school bus, a public transportation
vehicle, or a vehicle hauling solid waste not to exceed one-third the body length forward from
the rear of the roof edge. The light shall have a single clear lens emitting light three
hundred sixty degrees around its vertical axis and may not extend above the roof more than six
and one-half inches. A manual switch and a pilot light must be included to indicate the light
is in operation.(f) No person shall install or use flashing warning lights of an
unauthorized color on a vehicle other than as specified in this section, except that a police
vehicle may be equipped with either or both blue or red warning lights
345.19MOTOR VEHICLE OR MOTORCYCLE BRAKES.(a) Brake Equipment Required.(1) Every motor
vehicle, other than a motorcycle, motor-driven cycle or moped, when operated upon a street or
highway shall be equipped with brakes adequate to control the movement of and to stop and hold
such vehicle, including two separate means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two wheels. If these two separate means of applying
the brakes are connected in any way, they shall be so constructed that failure of any one part
of the operating mechanism shall not leave the motor vehicle without brakes on at least two
wheels.(2) Every motorcycle, motor-driven cycle and moped, when operated upon a street or
highway, shall be equipped with at least one brake which may be operated by hand or foot.(3)
Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a
street or highway shall be equipped with brakes adequate to control the movement of and to stop
and to hold such vehicle and so designed as to be applied by the driver of the towing motor
vehicle from its cab, and such brakes shall be so designed and connected that in case of an
accidental breakaway of the towed vehicle the brakes shall be automatically applied.(4) Every
new motor vehicle, trailer or semitrailer hereinafter sold in this State and operated upon the
streets or highways shall be equipped with service brakes upon all wheels, with the following
exceptions:A. Trucks and truck-tractors having three or more axles need not havebrakes on the
front wheels, except when such vehicles are equippedwith at least two steerable axles, the
wheels of one such axle neednot be equipped with brakes, andB. Any motorcycle, motor-driven
cycle or moped and any semitrailerof less than 1,500 pounds gross weight need not be equipped
withbrakes.(5) In any combination of motor-driven vehicles, means shall be provided
forapplying the rearmost trailer brakes, of any trailer equipped with brakes,in approximate
synchronism with the brakes on the towing vehicle anddeveloping the required braking effort on
the rearmost wheels at the fastestrate; or means shall be provided for applying braking effort
first on therearmost trailer equipped with brakes; or both of the above means capableof being
used alternatively may be employed.(6) Every such vehicle and combination of vehicles, except
motorcycles,motor-driven cycles and mopeds, shall be equipped with parking brakesadequate to
hold the vehicle on any grade on which it is operated, under allconditions of loading on a
surface free from snow, ice or loose material.The parking brakes shall be capable of being
applied in conformance withthe foregoing requirements by the driver's muscular effort or by
springaction or by equivalent means. Their operation may be assisted by theservice brakes or
other source of power provided that failure of the servicebrake actuation system or other power
assisting mechanism will not preventthe parking brakes from being applied in conformance with
the foregoingrequirements. The parking brakes shall be so designed that when onceapplied they
shall remain applied with the required effectiveness despiteexhaustion of any source of energy
or leakage of any kind.The same brake drums, brake shoes and lining assemblies, brake shoe
anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake
assemblies may be used for both the service brakes and the parking brakes. If the means of
applying the parking brakes and the service brakes are connected in any way, they shall be so
constructed that a failure of any one part shall not leave the vehicle without operative
brakes.(7) The brake shoes operating within or upon the drums on the vehicle wheelsof any
motor vehicle may be used for both service and hand operation.(b) Performance Ability of
Brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all
times and under all conditions of loading, of being stopped on a dry, smooth, level road free
from loose material, upon application of the service (foot) brake, within the distances
specified below, or shall be capable of being decelerated at a sustained rate corresponding to
these distances:Feet to stop Deceleration from 20 miles in feet per per hour second
Vehicle or combinations of vehicles having brakes on all wheels 30 14Vehicles or
combinations of vehiclesnot having brakes on all wheels 40 10.7(c) Maintenance of
Brakes. All brakes shall be maintained in good working order and shall be so adjusted as to
operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
(WVaC 17C-15-31)
345.21HORN, SIREN AND THEFT ALARM SIGNAL.(a) Every motor vehicle when operated upon a street
or highway shall be equipped with a horn in good working order and capable of emitting sound
audible under normal conditions from a distance of not less than 200 feet, but no horn or other
warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a
motor vehicle shall when reasonably necessary to insure safe operation give audible warning
with his horn but shall not otherwise use such horn when upon a street or highway.(b) No
vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or
bell, except as otherwise permitted in this section.(c) It is permissible but not required that
any commercial vehicle be equipped with a theft alarm signal device which is so arranged that
it cannot be used by the driver as an ordinary warning signal.Any authorized emergency vehicle
may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal
conditions from a distance of not less than 500 feet and of a type approved by the Department
of Motor Vehicles, but such siren shall not be used except when such vehicle is operated in
response to an emergency or in the immediate pursuit of an actual or suspected violator of the
law, in which such latter events the driver of such vehicle shall sound such siren when
reasonably necessary to warn pedestrians and other drivers of the approach thereof
345.22MUFFLERS; PREVENTION OF NOISE.(a) Every motor vehicle shall at all times be
equipped with a muffler in good working order and in constant operation to prevent excessive or
unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass or similar
device upon a motor vehicle.The engine and power mechanism of every motor vehicle shall be so
equipped and adjusted as to prevent the escape of excessive fumes or smoke.(b) The engine
and power mechanism of every motor vehicle shall be equipped and adjusted to prevent the escape
of fumes or smoke.Any engine sound or noise produced by any motor vehicle in excess of ninety
decibels as measured not less than five feet from the source of such sound or noise is loud,
raucous, excessive and unusual and as such is unlawful.The term "decibel" as used herein shall
mean a unit for measurement of relative sound levels as indicated by a sound level meter having
those properties essential for the purpose of administration and enforcement of this
section.
(d) Noperson shall sell, affix, permit or direct the installation of any part or device to any motor vehicle which would make such motor vehicle violate subsections (a) and (b) hereof.345.23 REAR-VIEW MIRROR.Every motor vehicle
which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the
driver's position shall be equipped with a mirror so located as to reflect to the driver a view
of the street or highway for a distance of at least 200 feet to the rear of such vehicle.
345.24WINDSHIELD TO BE UNOBSTRUCTED; WINDSHIELD WIPER.(a) No person shall drive any motor vehicle with
any sign, poster or other nontransparent material upon the front windshield, side wings or side
or rear windows of such vehicle which obstructs the driver's clear view of the street or
highway or any intersecting street or highway.(b) The windshield on every motor vehicle
shall be equipped with a device for cleaning rain, snow or other moisture from the windshield,
which device shall be so constructed as to be controlled or operated by the driver of the
vehicle.(c) Every windshield wiper upon a motor vehicle shall be maintained in good
workingorder.
345.25TIRE EQUIPMENT RESTRICTIONS.(a) Every solid rubber tire on a vehicle shall have
rubber on its entire traction surface at least one inch thick above the edge of the flange of
the entire periphery.(b) No person shall operate or move on any highway any motor
vehicle, trailer or semitrailer having any metal tire in contact with the roadway.(c) No tire
on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or
spike or any other protuberance of any material other than rubber which projects beyond the
tread of the traction surface of the tire, except that:(1) It shall be permissible to use
farm machinery with tires having protuberances which will not injure the street or highway;(2)
It shall be permissible to use the chains of reasonable proportions upon any vehicle when
required for safety because of snow, ice or other conditions tending to cause a vehicle to
skid; and(3) It shall be permissible to use studded tires during the period from November 1,
of each year until April 15 of the following year. Provided that in the interest of highway
maintenance, no vehicle moved on a street or highway, other than school buses, shall be
equipped with studded tires which are operational with a recommended air pressure greater than
forty pounds per square inch.(d) No studded tires or chains shall be sold or used within
the Municipality which do not meet the specifications established by the rules and regulations
which the Commissioner of Highways shall promulgate.Council may in its discretion issue special
permits authorizing the operation upon the street or highway of traction engines or tractors
having movable tracks with transverse corrugations upon the periphery of such movable tracks or
farm tractors or other farm machinery, the operation of which upon a highway would otherwise be
prohibited under this Traffic Code
345.26SAFETY GLASS IN MOTOR VEHICLES.(a) On and after July 1, 1951, no person shall
operate any motor vehicle as specified herein, nor shall any motor vehicle as specified herein
be registered thereafter unless such vehicle is equipped with safety glass of a type approved
by the Commissioner of Highways wherever glass is used in doors, windows and windshields. The
foregoing provisions shall apply to all passenger-type motor vehicles, including passenger
buses and school buses, but in respect to trucks, including truck tractors, the requirements as
to safety glass shall apply to all glass used in doors, windows, and windshields in the
drivers' compartments of such vehicles.(b) The term "safety glass" shall mean any product
composed of glass, so manufactured, fabricated or treated as substantially to prevent
shattering and flying of the glass when struck or broken, or such other or similar product as
may be approved by the Commissioner. (WVaC 17C-15-38)
345.27VEHICLES TRANSPORTING EXPLOSIVES.Any person operating any vehicle transporting any
explosive as a cargo or part of a cargo upon a street or highway shall at all times comply with
the provisions of this section.(a) Such vehicle shall be marked or placarded on each side
and the rear with the word "Explosives" in letters not less than eight inches high, or there
shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches
square marked with the word "Danger" in white letters six inches high.(b) Every such
vehicle shall be equipped with not less than two fire extinguishers, filled and ready for
immediate use and placed at a convenient point on the vehicle so used.
345.28TELEVISION RECEIVER IN DRIVERS VIEW PROHIBITED.No motor vehicle shall be operated on any street or
highway in this Municipality when equipped with a television receiver unless such receiver is
so placed that the screen or picture tube of such receiver is visible only in the rear seat of
such motor vehicle and not in view of the operator of such motor vehicle
345.29SAFETY EQUIPMENT FOR MOTORCYCLISTS, MOTORCYCLES, MOTOR-DRIVEN CYCLES AND MOPEDS.(a) No person shall operate or be a passenger on
any motorcycle or motordriven cycle unless he is wearing securely fastened on his head by
either a neck or chin strap a protective helmet designed to deflect blows, resist penetration
and spread impact forces. Any helmet worn by an operator or passenger shall meet the current
performance specifications established by the American National Standards Institute Standard, Z
90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No.
218 or Snell Safety Standards for Protective Headgear for Vehicle Users.(b) No person shall
operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing safety,
shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles or face shield that
complies with the performance specifications established by the American National Standards
Institute for Head, Eye and Respiratory Protection, Z 2.1. In addition, if any motorcycle,
motor-driven cycle or moped is equipped with a windshield or windscreen, the windshield or
windscreen shall be constructed of safety, shatter-resistant material that complies with the
performance specifications established by Department of Transportation Federal Motor Vehicle
Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for
Glazing Motor Vehicles operated on Land Highways, Standard Z 26.1.(c) No person shall operate
a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than
fifteen inches higher than the uppermost part of the operator's seat when the seat is not
depressed in any manner.(d) A person operating a motorcycle, motor-driven cycle or moped
shall ride in a seated position facing forward and only upon a permanent operator's seat
attached to the vehicle. No operator shall carry any other person nor shall any other person
ride on such a vehicle unless the vehicle is designed to carry more than one person, in which
event a passenger may ride behind the operator upon the permanent operator's seat if it is
designed for two persons, or upon another seat firmly attached to the vehicle to the rear of
the operator's seat and equipped with footrests designed and located for use by the passenger
or in a sidecar firmly attached to the vehicle. No person shall ride sidesaddle on a seat. An
operator may carry as many passengers as there are seats and footrests to accommodate those
passengers. Additional passengers may be carried in a factory produced side car provided that
there is one passenger per seat. Passengers riding in a sidecar shall be restrained by safety
belts.Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror
affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view
of the road and condition of traffic behind him for a distance of at least 200 feet.
345.30CERTIFICATION LABELS ON MOPEDS.Every moped sold in this Municipality shall have
permanently affixed to it a certification label which shall contain the following information:
(1) Name of manufacturer;(2) Month and year of manufacture;(3) Gross vehicle
weight rating (GVWR);(4) Gross axle weight rating for front and rear axles (GAWR);(5)
Vehicle identification number(6) Classification type; and (7) Statement of conformance to
Federal standards as required by Federal law
345.31CHILD PASSENGER SAFETY DEVICES REQUIRED; CHILD SAFETYSEATS AND BOOSTER SEATS.(a) Every driver who transports a child under the
age of eight years in a passenger automobile, van or pickup truck other than one operated for
hire shall, while the motor vehicle is in motion and operated on a street or highway, provide
for the protection of the child by properly placing, maintaining and securing the child in a
child passenger safety device system meeting applicable federal motor vehicle safety standards;
provided, that if a child is under the age of eight years and at least four feet nine inches
tall, a safety belt shall be sufficient to meet the requirements of this section.(b) Any
person who violates any provision of this section shall be fined not less than ten dollars
($10.00) nor more than twenty dollars ($20.00).(c) A violation of this section does not by
virtue of the violation constitute evidence of negligence or contributory negligence or
comparative negligence in any civil action or proceeding for damages.(d) If any
provision of this section or the application thereof to any person or circumstance is held
invalid, the invalidity may not affect other provisions or applications of this section and to
this end the subsections of this section are declared to be severable.If all seat belts in a
vehicle are being used at the time of examination by a law officer and the vehicle contains
more passengers than the total number of seat belts or other safety devices as installed in
compliance with federal motor vehicle safety standards, the driver may not be considered in
violation of this section.
345.32CERTIFICATE OF INSPECTION AND APPROVAL.No owner or operator of any vehicle required to be
inspected under West Virginia Code Article 17C-16 shall operate or permit to be operated such
vehicle without having displayed thereon a current and valid certificate of inspection and
approval or fail to produce same upon demand of any authorized person as therein
designated.
345.33ALTERATION OF MOTOR VEHICLES; BUMPER HEIGHT LIMITS.(a) No person shall operate upon a public street or
highway any motor vehicle registered or required to be registered in this State if it has been
modified by alteration of its height from the ground to the extent that its bumpers, measured
to any point on the lower edge of the main horizontal bumper bar, exclusive of any bumper
guards, do not fall within the limits specified herein for its gross vehicle weight rating
category. The front and rear bumper height of motor vehicles whose gross vehicle weight rating
is 10,000 pounds or less shall be no less than six inches and no more than thirty-one inches.
In the absence of bumpers, and in cases where bumper heights have been altered or modified,
height measurements shall be made to the bottom of the frame rail. If a motor vehicle has a
bumper, the bumper must be at least three inches in vertical width, centered on the center line
of the motor vehicle and not less than the width of the wheel track distance. The provisions of
this subsection do not apply to motor vehicles with a gross vehicle weight rating in excess of
10,000 pounds. For the purpose of this subsection, the term "gross vehicle weight ratings"
means the manufacturer's gross vehicle weight ratings established for that vehicle.(b) The
maximum distance between the vehicle body to the vehicle frame shall not exceed three inches.
The distance from the vehicle body to the vehicle frame shall be measured from the vehicle body
mount seat to the vehicle frame mount seat: provided, that the maximum distance limitation
shall not prohibit a body lift kit up to three inches to be added to the manufacturer's
original spacer between the body and the frame. No vehicle shall be modified to cause the
vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from
collision, or cause the wheels to come in contact with the body under normal operation. No part
of the original suspension system may be disconnected to defeat the safe operation of the
suspension system. Modification of the front end suspension by the use of lift blocks is
expressly prohibited.(c) Nothing contained in this section prevents the installation of
heavy duty equipment, including shock absorbers and overload springs.(d) Nothing
contained in this section prohibits the operation on a public street or highway of a motor
vehicle with normal wear to the suspension system if such normal wear does not adversely affect
the control of the vehicle.(e) This section does not apply to specially designed or modified
motor vehicles when operated off the public streets and highways in races and similar events.
Such motor vehicles may be lawfully towed on the streets and highways of this Municipality.(f)
Modifications to motor vehicles, not prohibited herein, shall be made subject to inspection as
provided in subsection (h) hereof.(g) Nothing contained in this section shall subject a
vehicle modified solely by the installation of tires not larger than two sizes beyond the
maximum specified by the manufacturer to inspection as provided in subsection (h) hereof.(h)
Any motor vehicle which has been altered from the manufacturer's specification with respect to
bumper height for that vehicle make and model but within the allowable limits of subsection (a)
hereof or any motor vehicle which has been altered from the manufacturer's specification for
that vehicle make and model with respect to the distance from the vehicle body to vehicle frame
but within the allowable limits of subsection (b) hereof may be operated upon a public street
or highway in this Municipality, subject to inspection under West Virginia Code 17C-15-48:
provided, that any motor vehicle which has been altered from the manufacturer's specification
by lowering the bumper height for that vehicle make and model within the allowable limits of
subsection (a) hereof shall be exempt from the inspection requirements hereunder and may be
operated upon a public street or highway in this Municipality subject to provisions of West
Virginia Code Chapter 17C-16. Each municipal law-enforcement agency must record on accident
report forms whether a modified vehicle was involved in the accident.
345.34SUN SCREENING DEVICES.(a) No person may operate a motor vehicle that is
registered or required to be registered in the State on any public highway, road or street that
has a sun screening device on the windshield, the front side wings and side windows adjacent to
the right and left of the driver and windows adjacent to the rear of the driver that do not
meet the requirements of this section. Provided, that law-enforcement K-9 and other emergency
vehicles that are designed to haul animals are exempt from this requirement.(b) A sun screening
device when used in conjunction with the windshield must be nonreflective and may not be red,
yellow or amber in color. A sun screening device may be used only along the top of the
windshield and may not extend downward beyond the ASI line or more than five inches from the
top of the windshield whichever is closer to the top of the windshield.(c) A sun screening
device when used in conjunction with the automotive safety glazing materials of the side wings
or side windows located at the immediate right and left of the driver shall be a nonreflective
type with reflectivity of not more than twenty percent (20%) and have a light transmission of
not less than thirty-five percent (35 %). The side windows behind the driver and the rear most
windows may have a sun screening device that is designed to be used on automotive safety
glazing materials that has a light transmission of not less than thirty-five percent (35%) and
a reflectivity of not more than twenty percent (20%). If a sun screening device is used on
glazing behind the driver, one right and one left outside rear view mirror is required.(d)
Each manufacturer shall:(1) Certify to the State Police and Division of Motor Vehicles that
a sun screening device used by it is in compliance with the reflectivity and transmittance
requirements of this section;(2) Provide a label not to exceed one and one-half square
inches in size, with a means for the permanent and legible installations between the sun
screening material and each glazing surface to which it is applied that contains the
manufacturer's name and its percentage of light transmission; and(3) Include instructions with
the product or material for proper installation, including the affixing of the label specified
in this section. The labeling or marking must be placed in the left lower corner of each
glazing surface when facing the vehicle from the outside.(e) No person shall:(1) Offer
for sale or for use any sun screening product or material for motor vehicle use not in
compliance with this section; or(2) Install any sun screening product or material on
vehicles intended for use on public roads without permanently affixing the label specified in
this section.(f) The provisions of this section do not apply to a motor vehicle
registered in this State in the name of a person, or the person's legal guardian, who has an
affidavit signed by a physician or an optometrist licensed to practice in this State that
states that the person has a physical condition that makes it necessary to equip the motor
vehicle with sun screening material which would be of a light transmittance or luminous
reflectance in violation of this section. The affidavit must be in the possession of the person
so afflicted, or the person's legal guardian, at all times while being transported in the motor
vehicle.(g) The light transmittance requirement of this section does not apply to windows
behind the driver on trucks, buses, trailers, mobile homes and multipurpose passenger
vehicles.(h) As used in this section:(1) "Bus" means a motor vehicle with motive power,
except a trailer, designed for carrying more than ten persons.(2) "Light transmission"
means the ratio of the amount of total light to pass through a product or material to the
amount of the total light falling on the product or material.(3) "Luminous reflectants"
means the ratio of the amount of total light that is reflected outward by the product or
material to the amount of the total light falling on the product or materials.(4)
"Manufacturer" means any person engaged in the manufacturing or assembling of sun screening
products or materials designed to be used in conjunction with vehicle glazing materials for the
purpose of reducing the effects of the sun.(5) " Motor homes" means vehicular units designed
to provide temporary living quarters built into and an integral part of or permanently attached
to a self-propelled motor vehicle chassis.(6) "Multipurpose passenger vehicle" means a motor
vehicle with motive power, except a trailer, designed to carry ten persons or less which is
constructed either on a truck chassis or with special features for occasional off-road
operation.(7) "Nonreflective" means a product or material designed to absorb light rather
than to reflect it.(8) "Passenger car" means a motor vehicle with motive power, except a
multipurpose passenger vehicle, motorcycle or trailer, designed for carrying ten persons or
less.(9) "Sun screening device" means film material or device that is designed to be
used in conjunction with motor vehicle safety glazing materials for reducing the effects of the
sun.(10) "Truck" means a motor vehicle with motive power, except a trailer, designed primarily
for the transportation of property or special purpose equipment.
345.35OPERATION OF VEHICLES WITH SAFETY BELTS.(a) A person shall not operate a passenger vehicle
on a public street or highway unless the person, any passenger in the back seat under eighteen
years of age, and any passenger in the front seat of such passenger vehicle is restrained by a
safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this
section, "passenger vehicle" means a motor vehicle which is designed for transporting ten
passengers or less, including the driver, except that such term does not include a motorcycle,
a trailer or any motor vehicle which is not required on the date of the enactment of this
section under a federal motor vehicle safety standard to be equipped with a belt system. The
provisions of this section shall apply to all passenger vehicles manufactured after the first
day of January, 1967, and being 1968 models and newer.(b) The required use of safety
belts as provided herein does not apply to a duly appointed or contracted rural mail carrier of
the United States Postal Service who is actually making mail deliveries or to a passenger or
operator with a physically disabling condition whose physical disability would prevent
appropriate restraint in such safety belt if the condition is duly certified by a physician who
shall state the nature of the disability as well as the reason such restraint is inappropriate.
Any regulations or rules which may be adopted by the West Virginia Division of Motor Vehicles
establishing a method to certify any such physical disability and to require the use of an
alternative restraint system where feasible or to waive the requirement for the use of any
restraint system shall be hereby adopted by reference.(c) Notwithstanding any other
provision of this Code to the contrary, no points may be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a violation of this section.Nothing
contained in this section shall be construed to abrogate or alter the provisions of Section
345.31 relating to the mandatory use of child passenger safety devices. (WVaC 17C-15-49)Any
person who violates the provisions of this section shall be fined not more than twenty-five
dollars ($25.00). No court costs or other fees shall be assessed for a violation of this
section. Enforcement of this section 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.347.01 OVERSIZE OR OVERWEIGHT VEHICLES.(a) General Prohibition. No person
shall operate or move a vehicle or combination ofvehicles of a size or weight of vehicle or
load exceeding the maximum specified in West Virginia Code Article 17C-17 upon any street or
highway within the Municipality, except pursuant to special written permit issued by the
Commissioner of Highways or the Mayor. Every such permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to inspection by any police
officer.No holder of a permit issued by the Commissioner of Highways shall be required to
obtain any local permit or license or pay any local fee or charge for movement on any State
route within the Municipality; however, it shall be unlawful to operate any such vehicle or
combination of vehicles upon any roadway within the Municipality which is not a State route,
except as provided in subsection (c) hereof.(b) Five-ton Limitation on Local Streets. Whenever
it becomes apparent to the Mayorthat any street is being destroyed or permanently injured by
the operation thereover of commercial vehicles, in excess of ordinary wear and tear, he has
authority to close any such street to vehicles whose gross weight, including load, exceeds five
tons. When any street has been so closed by the Mayor, and notice of such closing posted at the
entries thereto, it shall, during the continuance of such closing, be unlawful for any person
to operate thereupon any vehicle whose gross weight exceeds five tons. Any street so closed by
the Mayor shall be promptly reported to Council.(c) Local Permit and Conditions. Upon
application and for good cause, the Mayor may issue a local permit authorizing an applicant to
move an oversize or overweight vehicle or combination of vehicles upon local streets.No
permittee shall be required to obtain a special permit from the Commissioner of Highways for
the movement of the vehicle or combination of vehicles on streets or highways under local
jurisdiction; however, the approval of the Commissioner of Highways shall be required for
movement upon State routes as provided in subsection (a) hereof.The Mayor may grant a permit
for a single or round trip, or for such period of time, not to exceed one year, as the Mayor in
his discretion deems advisable, or for the duration of any construction project. The Mayor may
limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles
by designating the route, hours, speed or such other restrictions as may be necessary for the
preservation of the public peace, property, health and safety. The Mayor may require the
posting of bond or other security necessary to compensate for any damage to a roadway or road
structure.For each such permit, the Mayor shall charge five dollars ($5.00) and for each hour
of time or any part thereof spent by each police officer in supervising the movement of such
vehicle, the applicant shall pay the sum of ten dollars ($10.00).Signs shall be posted
indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprise drivers
of the limitations imposed by subsection (b) hereof. No driver shall disobey the instructions
indicated on any such sign.Violation of any of the limitations, terms or conditions of the
permit granted by the Mayor shall be cause for immediate revocation or suspension of such
permit, and denial of request for any future permit. Such violation shall also subject the
violator to the penalty prescribed by Section 303.99.347.02 PROJECTING LOADS ON PASSENGER
VEHICLES.(a) No passenger-type vehicle shall be operated on any street or highway with any
load carried thereon extending beyond the line of the fenders of the left side of such vehicle
nor extending more than six inches beyond the line of the fenders on the right side thereof.(b)
A motor home, travel trailer or truck camper may exceed the maximum width prescribed in Section
347.03, if the excess width is attributable to an appurtenance that does not exceed more than
six inches beyond the body of the vehicle.
347.03MAXIMUM WIDTH, HEIGHT AND LENGTH.A vehicle, including any load thereon, may not
exceed a height of thirteen feet six inches, but the owner or owners of such vehicles shall be
responsible for damage to any bridge or highway structure and to municipalities for any damage
to traffic control devices or other highway structures where such bridges, devices or
structures have a vehicle clearance of less than thirteen feet six inches.A motor vehicle,
including any load thereon, may not exceed a length of forty feet extreme overall dimension,
inclusive of front and rear bumpers, except that a motor home may not exceed a length of
forty-five feet, exclusive of front and rear bumpers.(c) Except as hereinafter provided
in this subsection or in subsection (d) of this section, a combination of vehicles coupled
together may not consist of more than two units and no combination of vehicles including any
load thereon shall have an overall length, inclusive of front and rear bumpers, in excess of
fifty-five feet except as provided in West Virginia Code 17C-17-1 lb, and except as otherwise
provided in respect to the use of a pole trailer as authorized in West Virginia Code 17C-17-5.
The limitation that a combination of vehicles coupled together may not consist of more than two
units may not apply to:(1) A combination of vehicles coupled together by a saddle-mount
device used to transport motor vehicles in a drive-away service when no more than three saddle
mounts are used, if equipment used in the combination meets the requirements of the safety
regulations of the United States Departmentof Transportation and may not exceed an overall
length of more than seventy-five feet; or(2) A combination of vehicles coupled together, one
of which is a travel trailer or folding camping trailer having an overall length, exclusive of
front and rear bumpers, not exceeding sixty-five feet.(d) A combination of two vehicles
coupled together, one of which is a motor home, or a combination of vehicles coupled together,
one of which is a travel trailer or folding camping trailer, may not exceed an overall length,
exclusive of front and rear bumpers of sixty-five feet.(e) Notwithstanding the provisions
of subsections (a), (b), (c) and (d) of this section, the Commissioner of Highways may
designate, upon his own motion or upon the petition of an interested party, a combination
vehicle length not to exceed seventy feet.(f) The length limitations for truck tractor-
semitrailer combinations and truck tractor-semitrailer-trailer combinations operating on the
national system of interstate and defense highways and those classes of qualifying federal-aid
primary system highways so designated by the United States Secretary of Transportation and
those highways providing reasonable access to and from terminals, facilities for food, fuel,
repairs and rest and points of loading and unloading for household goods carriers from such
highways and further, as to other highways so designated by the West Virginia Commissioner of
Highways, shall be as follows: the maximum length of a semitrailer unit operating in a truck
tractor-semitrailer combination shall not exceed forty-eight feet in length except where
semitrailers have an axle spacing of not more than thirty-seven feet between the rear axle of
the truck tractor and the front axle of the semitrailer, such semitrailer shall be allowed to
be not more than fifty-three feet in length and the maximum length of any semitrailer or
trailer operating in a truck tractor-semitrailer-trailer combination may not exceed twenty-
eight feet in length and in no event shall any combinations exceed three units, including the
truck tractor: provided, that nothing herein contained shall impose an overall length
limitation as to commercial motor vehicles operating in truck tractor-semitrailer or truck
tractor-semitrailer-trailer combinations. (WVaC 17C-17-4)(g) The total outside width,
exclusive of safety equipment authorized by the United States Department of Transportation, of
any vehicle or the load thereon may not exceed ninety-six inches, except as otherwise provided
in West Virginia Code Article 17C-17: provided, that any vehicle with a total outside width of
102 inches, exclusive of safety equipment authorized by the United States Department of
Transportation, may be operated on any street or highway designated by the United States
Department of Transportation or the Commissioner of the Department of Highways or on any street
or highway having a minimum lane width of ten feet.(h) Motor homes, travel trailers, truck
campers, and motor buses with a total outside width of 102 inches, excluding safety equipment
authorized by the United States Department of Transportation may operate on any street or
highway.
347.04LOADS DROPPING OR LEAKING.(a) No vehicle or combination of vehicles shall be
operated on any street or highway unless such vehicle or combination of vehicles is so
constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or
otherwise escaping therefrom, except that sand may be dropped for the purpose of securing
traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining
such roadway.No person shall operate on any street or highway any vehicle or combination of
vehicles with any load unless such load and any covering thereon is securely fastened so as to
prevent such covering or load from becoming loose, detached or in any manner a hazard to other
users of the street or highway.347.05 TOWING REQUIREMENTS(a) When one vehicle is towing
another the drawbar or other connection shall be of sufficient strength to pull all weight
towed thereby and such drawbar or other connection shall not exceed fifteen feet from one
vehicle to the other except the connection between any two vehicles transporting poles, pipe,
machinery or other objects of structural nature which cannot readily be dismembered.When one
vehicle is towing another and the connection consists of a chain, rope or cable, there shall be
displayed upon such connection a white flag or cloth not less than twelve inches square
347.06USE OF MOTOR VEHICLE ENGINE AND COMPRESSION BRAKES.The use of any engine brake, compression brake or
mechanical brake which is activated or operated by the compression of a motor vehicle is
prohibited within the Town limits. Emergency response vehicles shall be exempted from the
foregoing prohibition
349.01UNATTENDED MOTOR VEHICLE.No person driving or in charge of a motor vehicle
shall permit it to stand unattended without first stopping the engine, locking the ignition,
removing the key, and effectively setting the brake thereon and, when standing upon any grade,
turning the front wheels to the curb or side of the street or highway
349.02BACKING A VEHICLE.The driver of a vehicle shall not back the same
unless such movement can be made with reasonable safety and without interfering with other
traffic.
349.03DRIVERS' VIEW AND CONTROL TO BE UNOBSTRUCTED BYLOAD OR PERSONS.(a) No person shall drive a vehicle when it is so
loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to
interfere with the driver's control over the driving mechanism of the vehicle.No passenger in a
vehicle shall ride in such position as to interfere with the driver' s view ahead or to the
sides, or to interfere with his or her control over the driving mechanism of the vehicle.
349.04PASSENGERS IN SEAT WITH OPERATOR.No more than three persons including the operator
shall ride or be permitted by such operator to ride in the seat with the operator of any motor
vehicle while such motor vehicle is being operated on the streets or highways of this
Municipality: provided, however, that the limitation of this section shall not apply to a truck
cab or truck crew compartment properly designed for the occupancy of four persons including the
operator, and so designated on the registration card by the Division of Motor Vehicles349.05
PASSENGERS ON RUNNING BOARD.No passenger shall ride nor shall the operator permit any passenger
to ride on the running boards of any motor vehicle while such vehicle is being operated on the
streets or highways of this Municipality
349.06FOLLOWING AUTHORIZED EMERGENCY VEHICLES.The driver of any vehicle other than one on official
business may not follow any authorized emergency vehicle traveling in response to a fire alarm
or other emergency closer than 500 feet or drive into or park such vehicle within the block
where such authorized emergency vehicle has stopped in answer to a fire alarm or other
emergency
349.061 APPROACHING AUTHORIZED EMERGENCY VEHICLES.The driver of any vehicle approaching a stationary
authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by
displaying alternately flashing red, red and white, blue, or red and blue lights or amber or
yellow warning lights, shall:(a) Proceed with due caution, yield the right-of-way by
making a lane change not adjacent to that of the authorized emergency vehicle, if possible with
regard to safety and traffic conditions, if on a highway having at least four lanes with not
less than two lanes proceeding in the same direction as the approaching vehicle and reduce
speed to a safe level for road conditions; orProceed with due caution, reduce the speed of the
vehicle, maintaining a safe speed not to exceed fifteen miles per hour on any nondivided
highway or street and twenty-five miles per hour on any divided highway depending on road
conditions, if changing lanes would be impossible or unsafe
349.07DRIVING OVER FIRE HOSE.No vehicle shall be driven over any unprotected hose
of the Fire Department when laid down on any street or private driveway to be used at any fire
or alarm of fire, without the consent of the Fire Department official in command
349.08FUNERAL PROCESSIONS.(a) Definitions.(1) "Funeral director" and "funeral
establishment" have the same meaning as set forth in West Virginia Code 30-6-4.(2)
"Funeral procession" means two or more vehicles accompanying the body of a deceased person, or
traveling to the church, chapel, cemetery, or other location at which the funeral service or
final disposition is to be held, including a funeral lead vehicle or a funeral escort vehicle.
(3) "Funeral lead vehicle" means any authorized law enforcement or nonlaw-enforcement motor
vehicle or a funeral escort vehicle being used to lead and facilitate the movement of a funeral
procession. A funeral hearse may serve as a funeral lead vehicle.(4) "Funeral escort" means
a person or entity that provides escort services for funeral processions, including law-
enforcement personnel and agencies.(5) "Funeral escort vehicle" means any motor vehicle that
escorts a funeral procession.(b) Funeral Procession Right-Of-Way.(1) Regardless of
any traffic control device or right-of-way provisions prescribed by state or local ordinance,
pedestrians and operators of all vehicles, except as stated in subsection (b)(3) of this
section, shall yield the right-of-way to any vehicle which is part of a funeral procession
being led by a funeral escort vehicle or a funeral lead vehicle.(2) When the funeral lead
vehicle lawfully enters an intersection, either by reason of a traffic control device or at the
direction of law-enforcement personnel, the remaining vehicles in the funeral procession may
follow through the intersection regardless of any traffic control devices or right-of-way
provisions prescribed by state or local law.(3) Funeral processions have the right-of-way at
intersections regardless of traffic control devices subject to the following conditions and
exceptions:A. Operators of vehicles in a funeral procession shall yield the right-of-way to
an approaching emergency vehicle giving an audible orvisible signal;B. Operators of vehicles
in a funeral procession shall yield the right-of-way when directed to do so by a police
officer; andC. Operators of vehicles in a funeral procession must exercise due carewhen
participating in a funeral procession.(c) Driving in Procession.(1) All vehicles
comprising a funeral procession shall follow the preceding vehicle in the funeral procession as
closely as is practical and safe.(2) Any ordinance, law or rule stating that motor vehicles
shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such
space without danger is not applicable to vehicles in a funeral procession.(d) Liability.
Liability for any death, personal injury or property damage suffered onor after the first day
of July, one thousand nine hundred ninety-nine, by any person in a funeralprocession may not be
imposed upon a funeral director or funeral establishment or their employees or agents unless
the death, personal injury or property damage is proximately caused by the negligent or
intentional act of a funeral director or funeral establishment or their employees or agents.(e)
Equipment. All nonlaw-enforcement funeral escort vehicles and funeral lead vehicles may be
equipped with at least one lighted circulation flashing lamp exhibiting an amber or purple
light or lens. Flashing amber or purple lights may be used when such vehicles are used in a
funeral procession
349.09OPENING DOOR OF VEHICLE ON TRAFFIC SIDE.No person shall open the door of a motor vehicle on
the side available to moving traffic unless and until it is reasonably safe to do so, nor shall
any person leave a door open on the side of a motor vehicle available to moving traffic for a
period of time longer than is necessary to load or unload passengers.
349.10BOARDING OR ALIGHTING FROM VEHICLE.No person shall board or alight from any vehicle
while such vehicle is in motion.
349.11UNLAWFUL RIDING.No person shall ride on any vehicle upon any portion
thereof not designated or intended for the use of passengers when the vehicle is in motion.
This provision shall not apply to an employee engaged in the necessary discharge of a duty or
to persons riding within truck bodies in space intended for merchandise.
349.12SQUEALING TIRES, CRACKING EXHAUST NOISES.No person shall unnecessarily race the motor of any
vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner
that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust
system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby
the tires of such vehicle squeal or leave tire marks on the roadway, commonly called
"peeling".
349.13TAKING, INJURING OR TAMPERING WITH VEHICLE.(a) No person shall drive a vehicle, not his or her
own, without consent of the ownerthereof, and with intent temporarily to deprive such owner of
his or her possession of such vehicle, but without intent to steal the vehicle. The consent of
the owner of a vehicle to its taking or driving shall not in any case be presumed or implied
because of such owner's consent on a previous occasion to the taking or driving of such vehicle
by the same or a different person. Any person who assists in, or is a party or accessory to or
an accomplice in any such unauthorized taking or driving, shall also be guilty of a violation
of this section.(b) No person either individually or in association with one or more
persons shallwillfully injure or tamper with any vehicle or break or remove any part or parts
of or from a ehicle without the consent of the owner.No person with intent to commit any
malicious mischief, injury or other crime shall climb into or upon a vehicle whether it is in
motion or at rest or with like intent attempt to manipulate any of the levers, starting
mechanism, brakes or other mechanism or device of a vehicle while the same is at rest and
unattended or with like intent set in motion any vehicle while the same is at rest and
unattended
349.14DRIVING ON OR ACROSS CURB OR SIDEWALK PROHIBITED.The driver of a vehicle shall not drive within any
sidewalk area except at a permanent or temporary driveway. A driver of a vehicle shall not
drive on or across any constructed curb which is affixed to a public street. Where curbs are in
place, a vehicle may only enter or leave realty abutting thereon by way of a driveway. The only
exception to the foregoing shall be in those cases in which the owner or tenant of any such
abutting realty first requests and receives permission from the Mayor to cross said curb or
sidewalk. The Mayor is authorized to grant such permission on a case by case basis; however, in
no such case shall permission be granted for purposes of extended daily parking
349.15SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.(a) No person shall operate a motor vehicle across
public or private property marked with signs "No Through Traffic" or words of similar import
for the purpose of passing from one roadway to another.(b) No person shall operate a motor
vehicle across public or private property for the purpose of avoiding compliance with a traffic
control device.It shall be prima-facie evidence of a violation of this section for the operator
of a motor vehicle to cross public or private property as provided herein without using the
service of such property, stopping the engine or both
349.16HAZARDOUS DRIVING.(a) No person shall operate a motor vehicle or
motorcycle without exercising reasonable and ordinary control over such vehicle.(b) No
person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such
irregular course is necessary for safe operation or in compliance with law.No person shall
operate a motor vehicle or motorcycle without giving his full time and attention to the
operation of such vehicle
351.01REGISTRATION, CERTIFICATE OF TITLE REQUIRED.No person shall drive or move and no owner shall
knowingly permit to be driven or moved upon any street or highway any vehicle of a type
required to be registered under West Virginia Code Chapter 17-A which is not registered or for
which a certificate of title has not been issued or applied for or for which the appropriate
fee has not been paid when and as required, except as otherwise permitted by the provisions
therein: provided, that in the event of the sale of a vehicle by a person other than a
registered.dealer, the person purchasing the same may for a period of not more than ten days,
operate such vehicle under the registration of its previous owner and display the registration
thereof: provided further that he shall have and display on the demand of any proper officer
the consent in writing of such previous owner so to use such registration
351.02REGISTRATION CARD.Every owner upon receipt of a registration card
shall write his signature thereon with pen and ink in the space provided. Every such
registration card shall at all times be carried in the vehicle to which it refers or shall be
carried by the person driving or in control of such vehicle who shall display the same upon
demand of a police officer or any officer or employee of the Department of Motor Vehicles
351.03DISPLAY OF REGISTRATION PLATES.(a) Registration plates issued for vehicles
required to be registered shall be attached to the rear thereof except that on truck tractors
and road tractors designed and constructed to pull trailers or semi-trailers, the registration
plate shall be mounted to the front.(b) Every registration plate shall at all times be securely
fastened in a horizontal position to the vehicle for which it is issued so as to prevent the
plate from swinging and at a height of not less than twelve inches from the ground, measuring
from the bottom of such plate, in a place and position to be clearly visible and shall be
maintained free from foreign materials and in a condition to be clearly legible.(c)
Notwithstanding the provisions of subsection (b) of this section, an owner of a motor vehicle
with a Class G registration as defined in West Virginia Code 17A-10-1 may choose to:(1) Display
a standard, Class G registration plate in a horizontal position; orDisplay a specially designed
Class G registration plate in a vertical position.
351.04OPERATION OF VEHICLE WITHOUT EVIDENCE OF REGISTRATION;USE OF TEMPORARY FACSIMILE.No person shall operate or park, nor shall an owner
knowingly permit to be operated or parked upon any street or highway any vehicle required to be
registered unless there(a) is attached thereto and displayed thereon or is in the
possession of the operator when and as required by this Traffic Code, a valid registration card
and registration plate or plates issued therefor by the Department of Motor Vehicles for the
current registration year except as otherwise expressly permitted in West Virginia Code Chapter
17-A. n the event that the registration plate or plates originally issued are lost, destroyed
or stolen, a temporary facsimile of the plate or plates, showing the number of the same, may be
attached to the vehicle by the owner for a period of not more than fifteen days, or until a new
plate or plates are issued by the Department whichever is earlier: provided, that no such
facsimile shall be used and no such vehicle shall be driven upon the streets or highways of
this Municipality until the owner has notified in writing the Department of Public Safety of
the loss of such registration plate or plates.
351.05IMPROPER USE OF REGISTRATION CARD, PLATE OR PERMIT.No person shall lend to another any certificate of
title, registration card, registration plate, special plate or permit issued to him if the
person desiring to borrow the same would not be entitled to the use thereof, nor shall any
person knowingly permit the use of any of the same by one not entitled thereto, nor shall any
person display upon a vehicle any registration card, registration plates or permit not issued
for such vehicle or not otherwise lawfully used thereon under this Traffic Code.
351.06DRIVER OR MOTORCYCLE LICENSE REQUIRED.(a) No person, except those hereinafter expressly
exempted, shall drive any motor vehicle upon a street or highway in this Municipality or upon
any subdivision street, as used in West Virginia Code Article 8-24, when the use of such
subdivision street is generally used by the public unless the person has a valid driver's
license under the provisions of the West Virginia Code for the type or class of vehicle being
driven.Any person licensed to operate a motor vehicle as provided in the West Virginia Code may
exercise the privilege thereby granted as provided in the West Virginia Code and, except as
otherwise provided by law, shall not be required to obtain any other license to exercise such
privilege by any county, municipality or local board or body having authority to adopt local
police regulations.(b) No person, except those hereinafter expressly exempted, shall drive any
motorcycle upon a street or highway in this Municipality or upon any subdivision street, as
used in West Virginia Code Article 8-24 when the use of such subdivision street is generally
used by the public unless the person has a valid motorcycle license or a valid license which
has been endorsed under West Virginia Code 17B-2-7b for motorcycle operation or has a valid
motorcycle instruction permit.
351.07PERSONS EXEMPT FROM LICENSE.The following persons are exempt from the license
required under Section 351.06:(a) Any person while operating a motor vehicle in the armed
services of the United States while in the performance of his official duties;(b) A
nonresident who is at least sixteen years of age and who has in his or her immediate possession
a valid driver's license issued to the person in the person's home state or country unless the
Commissioner determines the person's home state or country does not extend the same privileges
to a resident of this State, may operate a motor vehicle in this State only as a noncommercial
driver for a period not to exceed ninety days in any one calendar year;(c) A nonresident
who is at least sixteen years of age, who has in the person's immediate possession a valid
driver's license issued to the person in the person's home state or country and who is employed
in this State, or owns, maintains or operates a place or places of business in this State, or
engages in any trade, profession or occupation in this State, in addition to the driving
privileges extended under subsection (b) hereof, unless the Commissioner determines the
person's home state or country does not extend the same privileges to a resident of this State,
may operate a motor vehicle in this State only as a noncommercial driver in traveling to and
from the person's place or places of employment, place or places of business or place or places
at which the person engages in the trade, profession or occupation and in the discharge of the
duties of the person's employment, business, trade, profession or occupation if the duties are
such that, if performed by a resident of the State of West Virginia over the age of eighteen
years of age, the resident would not be required under the provisions of West Virginia Code
Chapter 17 to obtain a Class A, B, C or D driver's license. However, this subsection shall not
exempt any person who is required to obtain a West Virginia driver's license in accordance with
the provisions of West Virginia Code 17B-2-la;(d) A nonresident who is at least eighteen
years of age and who has in his or her immediate possession a valid commercial driver's license
issued to the person in his or her home state or country and which meets the requirements of
the federal commercial motor vehicle act of 1986, Title XI of public law 99-570 and unless the
Commissioner determines the person's home state or country does not extend the same privilege
to a resident of this State may operate a motor vehicle in this State either as a commercial
driver subject to the age limits applicable to commercial driver in this State, or as a
noncommercial driver subject to the limitations imposed on nonresident drivers in subsections
(b) and (c) hereof;Any person who is a student, properly enrolled and registered in an
accredited school, college or university in this State, who is at least sixteen years of age
and who has in his or her immediate possession a valid driver's license issued to the person in
the person's home state, notwithstanding the limitations of subsections (b) and (c) hereof may
operate motor vehicle in this State only as noncommercial driver: provided, that the state of
which the person is a resident shall extend the same privileges to residents of this State.
This exemption shall be canceled immediately when the student is graduated from school, college
or university or is expelled or ceases to be a student
351.08DISPLAY OF LICENSE.Every licensee shall have his or her driver's
license in such person's immediate possession at all times when operating a motor vehicle and
shall display the same, upon demand of a magistrate, municipal judge, circuit court judge,
peace officer or an employee of the Division of Motor Vehicles. However, no person charged with
violating this section shall be convicted if such person produces in court or the office of the
arresting officer a driver's license theretofore issued to such person and valid at the time of
such person's arrest
351.09CERTAIN ACTS PROHIBITED.No person shall commit any one of the following
acts:(a) Display or cause or permit to be displayed or have in his possession any
fictitious or fraudulently altered driver's or commercial driver's license or nonoperator's
identification;(b) Lend his driver' s or commercial driver' s license or nonoperator' s
identification to any other person or knowingly permit the use thereof by another;(c) Display
or represent as one's own any driver's or commercial driver's license or nonoperator's
identification not issued to him;(d) Use a false or fictitious name in any application for a
driver's or commercial driver' s license or nonoperator' s identification or knowingly make a
false statement or knowingly conceal a material fact or otherwise commit a fraud in any such
application;(e) Permit any unlawful use of a driver's or commercial driver's license or
nonoperator's identification issued to him; or(f) Do any act forbidden or fail to perform
any act required by this Traffic Code or West Virginia Code Chapter 17.(WVaC 17B-4-1)
351.10DRIVING UNDER SUSPENSION OR REVOCATION.(a) Any person who drives a motor vehicle on any
public street or highway of this Municipality at a time when his or her privilege to do so has
been lawfully suspended or revoked by the State of West Virginia or any other jurisdiction
shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00).Any person who drives a motor vehicle on any public street or highway of this
Municipality at a time when his or her privilege to do so has been lawfully suspended for
driving while under the age of twenty-one years with an alcohol concentration in his or her
blood of two hundredths of one percent or more, by weight, but less than eight hundredths of
one percent, by weight, shall be confined in a county or regional jail for twenty-four hours or
shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00) or both.
351.11OWNER OR OPERATOR ALLOWING ANOTHER TO DRIVE.No person shall authorize or knowingly permit a
motor vehicle owned by him or under his control to be driven upon any street or highway by any
person who is not authorized hereunder or in violation of any of the provisions of this Traffic
Code
351.12PROHIBITION OF OPERATION AND USE OF ALL-TERRAIN VEHICLESAND UNLICENSED MOTOR VEHICLES.(a) The riding, operation or other use of all-
terrain vehicles for transportation or recreational purposes or motor vehicles which have not
been licensed for street use by the West Virginia Department of Motor Vehicles, within or upon
the streets, alleys, sidewalks, parkinglots, and any realty owned, leased or controlled by the
Town of Granville, or any of its boards, authorities, or commissions within the corporate
limits of the Town is prohibited.(b) Any violation of paragraph (a) above shall constitute
the commission of a misdemeanor criminal offense, and the Police Department is hereby
authorized and empowered to issue a citation and to charge any such person who commits a
violation of subsection (a) hereof. Any person convicted of a first offense established
hereunder shall be fined not less than twenty-five dollars ($25.00), nor more than one hundred
dollars ($100.00). Any person convicted of a second or further offense established hereunder
shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars
($250.00).(c) For the purpose of this Code section, the term "all-terrain vehicle" shall be
as defined in Section 17A-l-l(ii) of the West Virginia Code, and the term "motor vehicle" shall
be as defined in Section 17A-l-l(b) of the West Virginia Code.(d) Notwithstanding any
other provision of this Code section, it shall not be an offense for any person to lawfully
ride or operate any such all-terrain vehicle or unlicensed motor vehicle upon any private
property or upon any governmental owned realty not owned or controlled by the Town, or any of
its boards, authorities or commissions located within the corporate limits of the Town.(e)
Notwithstanding any other provision of this Code section, it shall not be an offense for any
person licensed to operated a motor vehicle within the State of West Virginia, to ride, operate
or otherwise use an all-terrain vehicle or unlicensed motor vehicle upon a designated parade
route, when such person is duly registered and recognized participant in any such properly
permitted parade, provided that such all-terrain vehicle or unlicensed motor vehicle riding or
operation occurs in conjunction with said parade.(f) 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 or unlicensed motor vehicle is used for government
purposes.Nothing contained within this Code section 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, 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
related in any manner to the enforcement or nonenforcement of this Code section by the Town's
officers, officials, employees or agents.(h) The parent or guardian of any person not having
attained the age of eighteen years shall ot authorize or knowingly permit any such minor to
violate any provision within this Code ection. Any such authorization or knowingly permitting
any such minor to violate the provisions of this Code section shall constitute a separate
criminal violation hereof and shall subject such parent or guardian to the criminal penalties
set forth in this Code section. The citing of any parent or guardian pursuant to this paragraph
shall not be reason to prohibit the police officer from also citing the driver of said all-
terrain vehicle or motor vehicle which has not been licensed by the West Virginia Department of
Motor Vehicles for street use.(i) The provisions of this Code section are severable and
in the event any provision orpart hereof 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 of thisCode section not specifically held to be invalid. It is
hereby declared to be the intent of the Town that this Code section would have been adopted if
any such invalid provision or part hereof had not been included herein.
353.02LIMITATION ON NUMBER OF DRIVER'S LICENSES.No person who drives a commercial motor vehicle
shall have more than one driver license at one time except during the ten-day period beginning
on the date the person is issued a driver's license.
353.03EMPLOYER RESPONSIBILITIES.(a) Each employer must require the applicant to
provide the information specified in West Virginia Code 17E-1-5.(b) No employer may
knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any
period:(1) In which die driver has a driver's license suspended, revoked or canceled by a
state; has lost the privilege to drive a commercial motor vehicle in a state, or has been
disqualified from driving a commercial motor vehicle; or(2) In which the driver has more
than one driver's license at one time.(3) During any period in which the driver, or the
commercial motor vehicle he or she is driving or the motor carrier operation, is subject to an
out-of-service order; or(4) In violation of federal, state or local law or regulation
pertaining to railroad highway grade crossings; or(5) During any period the driver is in
violation of any provision of 49 C.F.R., Part §382 related to controlled substances and alcohol
use and testing.
353.04COMMERCIAL DRIVER'S LICENSE REQUIRED.(a) Except when driving under a commercial driver's
instruction permit accompanied by the holder of a commercial driver's license valid for the
vehicle being driven, no person shall drive a commercial motor vehicle unless the person holds
a commercial driver's license and applicable endorsements valid for the vehicle they are
driving.(b) No person shall drive a commercial motor vehicle while their driving privilege
is suspended, revoked, canceled, expired, subject to a disqualification, or in violation of an
out-of-service order.(c) Drivers of a commercial motor vehicle must have a commercial
driver's license in their possession at all times while driving.
353.05EXEMPTIONS.(a) Farmers. Bona fide farmers or farm vehicle
drivers, as defined, operating a vehicleotherwise covered by the commercial driver's license
requirements may be exempted from theprovisions of this article only if the vehicle used is:(1)
Driven by a farmer or farm vehicle driver;(2) Used only to transport either agricultural
products, farm machinery, farm supplies, to or from a farm;(3) Not used in the operation of a
common or contract motor carrier; and(4) Used within 150 miles of the qualifying farm.
Farmers who wish to be exempted from the commercial driver's license requirements must apply to
the Division of Motor Vehicles for a certificate of exemption.(b) Military Personnel.
Military personnel, including the national guard and reserve,are exempt from the provision of
this article, only:(1) When in uniform; and(2) Operating equipment owned by the United States
Department of Defense, except during declared emergencies or disaster situations; and(3)
On duty; and(4) In possession of a valid classified military driver's license for the class of
vehicle being driven.(c) Fire Fighting and Rescue Equipment. Operators of vehicles
authorized to hold anauthorized emergency vehicle permit for use of red signal lights only are
exempt from the provisions of this article while the authorized emergency vehicle permit is in
force. Vehicles in this class include, but are not limited to, fire fighters and rescue
equipment:(1) Owned and operated by state, county and municipal fire departments.(2) Owned
and operated by state, county and municipal civil defense organizations.(3) Owned and
operated by a manufacturer engaged in a type of business that requires fire fighter equipment
to protect the safety of their plants and its employees.(4) Owned and operated by volunteer
fire departments.Operators of Off-Road Construction and Mining Equipment. Operators of
equipment which, by its design, appearance and function, is not intended for use on a public
road, including, without limitation, motorscrapers, backhoes, motorgraders, compactors,
excavators, tractors, trenches and bulldozers, are exempt from the provisions of this article:
Provided, that the exemption recognized by this subsection shall not be construed to permit the
operation of such equipment on any public road except such operation as may be required for a
crossing of such road: Provided, however, that no such equipment may be operated on a public
road for a distance exceeding five hundred feet from the place where such equipment entered
upon the public road.Exempt Vehicles. The Federal Motor Carrier Safety Improvement Act of 1999
exempts vehicles used exclusively for personal use such as recreation vehicles and rental
trucks used only to transport the driver's personal or household property.
353.06DRIVERS PROHIBITED FROM OPERATING WITH ANY ALCOHOL IN SYSTEM.(a) In addition to any other penalties provided by
the West Virginia Code or these Codified Ordinances, any person who drives, operates or is in
physical control of a commercial motor vehicle while having an alcohol concentration in his or
her blood, breath or urine of four hundredths of one percent or more, by weight, shall be
imprisoned for not less than twenty-four hours nor more than thirty days, and shall be fined
not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A
person convicted of a second or any subsequent offense under the provisions of this subsection
shall be imprisoned for a period of thirty days, and the court may, in its discretion, impose a
fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars
($3,000).(b) A person who violates the provisions of subsection (a) of this section shall be
treated in the same manner set forth in West Virginia Code 17C-19-3, as if he or she had been
arrested for driving under the influence of alcohol or of any controlled substance.In addition
to any other penalties provided by the West Virginia Code or these Codified Ordinances, a
person who drives, operates or is in physical control of a commercial motor vehicle having any
measurable alcohol in such person's system or who refuses to take a preliminary breath test to
determine such person's blood alcohol content as provided by West Virginia Code 17E-1-15 shall
be placed out of service for twenty-four hours by the arresting law-enforcement officer
355.02ACTS PROHIBITED BY OPERATOR.(a) No all-terrain vehicle may be operated in
this Municipality:(1) On any interstate highway except by public safety personnel responding
to emergencies;(2) On any road or highway with a center line or more than two lanes except
for the purpose of crossing the road, street or highway, if:A. The crossing is made at an
angle of approximately ninety degrees tothe direction of the highway and at a place where no
obstructionprevents a quick and safe crossing;B. The vehicle is brought to a complete
stop before crossing theshoulder or main traveled way of the highway;C. The operator yields his
or her right-of-way to all oncoming trafficthat constitutes an immediate potential hazard;
andD. Both the headlight and taillight are illuminated when the crossing ismade if the
vehicle is so equipped;(3) With more than one passenger unless more passengers are allowed
undermanufacturers' recommendations;(4) With a passenger under the age of eighteen, unless the
operator has at a minimum a level of two intermediate driver's license or its equivalent or is
eighteen years of age or older;(5) Unless riders under the age of eighteen are wearing
size appropriate protective helmets that meet the current performance specifications
established by the American National Standards Institute Standard z 90.1, the United States
Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell safety
standards for protective headgear for vehicle users;(6) Anytime from sunset to sunrise without
an illuminated headlight or lights and taillights;(7) Without 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; or(8) Unless operating in
compliance with the provisions of Section 355.03.(b) An all-terrain vehicle may, for the sole
purpose of getting from one trail, field or area of operation to another, be operated upon the
shoulder of any road, street or highway referred to in subsection (a)(2) of this section, other
than an interstate highway, for a distance not to exceed ten miles, if:(1) The vehicle is
operated at speeds of twenty-five miles per hour or less; and(2) The vehicle is operated
at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights
and taillights which must be illuminated.(c) Operation of an all-terrain vehicle in
accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or
highway of this Municipality as contemplated by the provisions of Section
355.07.Notwithstanding any provision of this article to the contrary, the Municipality may
authorize the operation of all-terrain vehicles on certain specified roads, streets or highways
which are marked with centerline pavement markings, other than interstate highways, to allow
participation in parades, exhibitions and other special events, in emergencies or for specified
purposes.
355.03SAFETY AWARENESS COURSES.(a) On and after January 1, 2005, no person under
the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a
vehicle rider awareness course as offered or approved by the Commissioner of Motor Vehicles.The
provisions of subsection (a) of this section do not apply to the operation of an all-terrain
vehicle on any private or public recreational trail or area or affiliated trail or area
operated by any person or entity which has in place a safety program.
355.04RENTAL DEALERS REQUIRED TO PROVIDE SAFETYEQUIPMENT.Any person or entity renting or leasing all-terrain
vehicles for recreational purposes must provide protective helmets as defined by the provisions
of Section 355.02(a)(5), to all persons using such vehicles who are under the age of eighteen
and offer protective helmets to all persons eighteen and older using the rented or leased
vehicles: Provided, that for the provisions of this section to be applicable, the age and
identity of the users of the all-terrain vehicle must be disclosed to the person or entity
providing the rented or leased vehicle. (WVaC 17F-1-4)
355.05PRIVATE PROPERTY EXEMPTION.Except as provided by the provisions of Section
355.02(a)(3) to (5), and except as provided by the provisions of Section 355.03, the provisions
of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned
or leased by the vehicle owner or on private lands of others with the owner's permission. (WVaC
17F-1-5)
355.06EXEMPTION FOR FARM, COMMERCIAL USE; CURRENTREGULATIONS.(a) Except as provided by the provisions of Section
355.02(a)(4) and (5), nothing in this article may be construed to preclude or limit the use or
operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including,
but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities
access.(b) Nothing in this article may be construed to supersede or contravene the
provisions of any agreement between the State of West Virginia and any private or governmental
entity entered into prior to the effective date of this article, or any lawfully promulgated
legislative rule, including any emergency legislative rule, regulating the operation of all-
terrain vehicles.
355.07APPLICABILITY OF RULES OF OPERATION.(a) Every person operating an all-terrain vehicle
upon a public road or highway of this Municipality shall be subject to all of the duties
applicable to the driver of a vehicle by the provisions of West Virginia Code Chapter 17C and
this Traffic Code except where inconsistent with the provisions of this article and except as
to those provisions of West Virginia Code Chapter 17C and this Traffic Code which by their
nature can have no application.Notwithstanding the provisions of subsection (a) of this
section, a motor vehicle operator's license is not required of an operator of an all-terrain
vehicle when he or she is operating said vehicle in conformity with the provisions of Section
355.02(a)(2) or (b) except when the operator is under the age of eighteen and is transporting a
passenger under the age of eighteen.(b) Any parent, legal guardian or person who has actual
respons ibility for a child under eighteen 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 Section 355.02 shall be subject to the following penalties:(1) For a
first offense, a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars
($100.00) or not more than ten hours of community service, or both;(2) For a second offense, a
fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00)
or not more than twenty hours of community service, or both;(3) For a third or subsequent
offense, a fine of not less than two hundred dollars ($200.00) nor more than five hundred
dollars ($500.00) or not more than one hundred hours of community service, or both.
361.01PROHIBITION AGAINST PARKING ON STREETS ORHIGHWAYS.(a) Upon any street or highway outside of a
business or residence district no person shall stop, park or leave standing any vehicle,
whether attended or unattended, upon the paved or main-traveled part of the street or highway
when it is practicable to stop, park or so leave such vehicle off such part of the street or
highway, but in every event an unobstructed width of the street or highway opposite a standing
vehicle shall be left for the free passage of other vehicles and a clear view of such stopped
vehicles shall be available from a distance of 200 feet in each direction upon such highway or
street.This section shall not apply to the driver of any vehicle which is disabled while on the
paved or main-traveled portion of a street or highway in such a manner and to such extent that
it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such
position
361.02POLICE MAY REMOVE ILLEGALLY STOPPED VEHICLES.(a) Whenever any police officer finds a vehicle
standing upon a street or highway in violation of Section 361.01, such officer is hereby
authorized to move such vehicle or require the driver or other person in charge of the vehicle
to move the same, to a position off the paved or main-traveled part of such street or highway.
(b) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or
in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby
authorized to provide for the removal of such vehicle to the nearest garage or other place of
safety.
361.03PROHIBITED STOPPING, STANDING OR PARKING PLACES.(a) No person shall stop, stand or park a vehicle
except when necessary to avoid conflict with other traffic or in compliance with law or the
directions of a police officer or traffic control device, in any of the following places:(1)
On a sidewalk;(2) In front of a public or private driveway;(3) Within an
intersection;(4) Within fifteen feet of a fire hydrant;(5) In a properly
designated fire lane;(6) On a crosswalk;(7) Within twenty feet of a crosswalk at an
intersection;(8) Within thirty feet upon the approach to any flashing beacon, stop sign or
traffic control signal located at the side of a roadway;(9) Between a safety zone and the
adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a
safety zone, unless a different length is indicated by signs or markings;(10) Within fifty
feet of the nearest rail of a railroad crossing;(11) Within twenty feet of the driveway
entrance to any fire station and on the side of a street opposite the entrance to any fire
station within seventy-five feet of such entrance (when properly signposted);(12) Alongside or
opposite any street excavation or obstruction when stopping, standing or parking would obstruct
traffic;(13) On the roadway side of any vehicle stopped or parked at the edge or curb of a
street;(14) Upon any bridge or other elevated structure upon a street or highway or within a
street or highway tunnel;(15) At any place where signs prohibit stopping, standing or parking,
or where the curbing or street is painted yellow or red, or at any place in excess of the
maximum time limited by signs;(16) Within twenty feet of any mail receptacle served regularly
by a carrier using a motor vehicle for daily deliveries, if such parking interferes with or
causes delay in the carrier's schedule;(17) Upon any controlled-access highway;(18) At any
place on any street or highway where the safety and convenience of the traveling public is
thereby endangered;(19) Over or across any lines or marks established by the Municipality to
indicate parking spaces;(20) In front of a wheelchair accessible ramp or curb cut which is
part of a sidewalk designed for use by the general public when the ramp or curb cut is properly
marked with blue paint.(b) No person shall move a vehicle not lawfully under his control
into any such prohibited area or away from a curb such distance as is unlawful
361.04VEHICLES PARKED ON PRIVATE PROPERTY.No driver of a vehicle shall stop, park or leave
standing unattended any vehicle on a private road or driveway or on private property without
having express or implied permission from the owner, tenant or lessee of such land. The owner,
tenant or lessee of such private road or driveway or private property may move, or have moved,
any vehicle stopped, parked or left standing unattended on his private road, driveway or
private property as above prohibited without any liability for the cost of moving any vehicle,
nor shall he be liable to the owner of the vehicle for any damage done to such vehicle in
moving it, unless the owner, tenant or lessee of such private road or driveway or private
property was negligent in removing or authorizing the removal of the vehicle. The owner of such
vehicle shall be responsible to the persons removing such vehicle for paying all removal costs.
Any person who removes any vehicle under the provisions of this section shall notify the State
Department of Public Safety of such action, and, in addition notify the Police Department
361.05MANNER OF PARALLEL PARKING.(a) Every vehicle stopped or parked upon a roadway
where there is an adjacent curb shall be stopped or parked with the curb-side wheels of such
vehicle parallel with and not more than eighteen inches from the curb, unless it is impossible
to approach so close to the curb; in such case the stop shall be as close to the curb as
possible and only for the time necessary to discharge and receive passengers or to load or
unload merchandise.(b) This subsection does not apply to streets or parts thereof where angle
parking is lawfully permitted. However, no angle parking shall be permitted on a State or
Federal-aid route unless approved by the State Commissioner of Highways.(c) No vehicle
shall be stopped or parked on a road or street with the vehicle facing in a direction other
than the direction of travel on that side of the road or street.
361.06ACCESSIBLE PARKING.(a) As used in this section, the following terms
have the meanings ascribed to them in this subsection:(1) A person or applicant with a
"mobility impairment" means a person whois a citizen of West Virginia and as determined by a
physician, allopath orosteopath licensed to practice in West Virginia:A. Cannot walk two
hundred feet without stopping to rest;B. Cannot walk without the use of or assistance
from a brace, cane,crutch, prosthetic device, wheelchair, other assistive device oranother
person;C. Is restricted by lung disease to such an extent that the person'sforce
(respiratory) expiratory volume for one second, whenmeasured by spirometry, is less than one
liter or the arterialoxygen tension is less than sixty mm/hg on room air at rest;D. Uses
portable oxygen;E. Has a cardiac condition to such an extent that the person'sfunctional
limitations are classified in severity as Class III or ClassIV according to standards
established by the American heartassociation; orF. Is severely limited in his or her
ability to walk because of anarthritic, neurological, or other orthopedic physical condition.
(2) "Special registration plate" means a registration plate that displays theinternational
symbol of access in a color that contrasts with thebackground, in letters and numbers the same
size as those on the plate,and which may be used in lieu of a regular registration plate.(3)
"Removable windshield placard" (permanent or temporary) means a two-sided, hanger style placard
measuring three inches by nine and one halfinches, with all of the following on each side:A.
The international symbol of access, measuring at least three inchesin height, centered on the
placard, in white on a blue backgroundfor permanent designations and in white on a red
background fortemporary designations;B. An identification number measuring one inch in height;
,C. An expiration date in numbers measuring one inch in height; andD. The seal or
other identifying symbol of the issuing authority.(4) "Public entity" means state or local
government or any department, agency, special purpose district or other instrumentality of a
state or local government.(5) "Public facility" means all or any part of any buildings,
structures, sites, complexes, roads, parking lots or other real or personal property, including
the site where the facility is located.(6) "Place(s) of public accommodation" means a
facility or facilities operated by a private entity whose operations affect commerce and fall
within at least one of the following categories:A. Inns, hotels, motels and other places
of lodging;B. Restaurants, bars or other establishments serving food or drink;C. Motion
picture houses, theaters, concert halls, stadiums or otherplaces of exhibition or
entertainment;D. Auditoriums, convention centers, lecture halls or other places ofpublic
gatherings;E. Bakeries, grocery stores, clothing stores, hardware stores,shopping centers or
other sales or rental establishments;F. Laundromats, dry cleaners, banks, barber and beauty
shops, travelagencies, shoe repair shops, funeral parlors, gas or servicestations, offices of
accountants and attorneys, pharmacies,insurance offices, offices of professional health care
providers,hospitals or other service establishments;G. Terminals, depots or other stations
used for public transportation;H. Museums, libraries, galleries or other places of public
display orcollection;I. Parks, zoos, amusement parks or other places of recreation;J. Public or
private nursery, elementary, secondary, undergraduate or post-graduate schools or other places
of learning and day care centers, senior citizen centers, homeless shelters, food banks,
adoption agencies or other social service establishments; andK. Gymnasiums, health spas,
bowling alleys, golf courses or other places of exercise or recreation.(7) " Commercial
facility" means a facility whose operations affect commerce and which are intended for
nonresidential use by a private entity.(8) "Accessible parking" formerly known as
"handicapped parking" is the present phrase consistent with language within the American with
Disabilities Act (ADA).(b) An accessible parking space should comply with the provisions
of the Americans with Disabilities Act accessibility guidelines, contained in 28 C.F.R. 36,
Appendix A, Section 4.6. In particular, the parking space should be a minimum of eight feet
wide with an adjacent eight-foot access aisle for vans having side mounted hydraulic lifts or
ramps or a five-foot access aisle for standard vehicles. Access aisles should be marked using
diagonal two- to four-inch-wide strips spaced every twelve or twenty-four inches apart or other
appropriate markings denoting that the space is a no-parking zone. All accessible parking
spaces should have a signpost in front or adjacent to the accessible parking space displaying
the international symbol of access sign mounted at a minimum of eight feet above the pavement
or sidewalk and the top of the sign. Lines or markings on the pavement or curbs for parking
spaces and access aisles may be in any color, although blue is the generally accepted color for
accessible parking.(c) A vehicle from any other state, United States territory or foreign
country displaying an officially issued special registration plate, placard or decal bearing
the international symbol of access shall be recognized and accepted as meeting the requirements
of this section, regardless of where the plate, placard or decal is mounted or displayed on the
vehicle.(d) Free stopping, standing or parking places marked with the international symbol
of access shall be designated in close proximity to all public entities including state, county
and municipal buildings and facilities, places of public accommodation and commercial
facilities. These parking places shall be reserved solely for persons with a mobility
impairment at all times.Any person whose vehicle properly displays a valid, unexpired special
registration plate or removable windshield placard may park the vehicle for unlimited periods
of time in parking zones unrestricted as to length of parking time permitted: Provided, that
this privilege does not mean that the vehicle may park in any zone where stopping, standing or
parking is prohibited or which creates parking zones for special types of vehicles or which
prohibits parking during heavy traffic periods during specified rush hours or where parking
would clearly present a traffic hazard. To the extent any provision of any ordinance of any
political subdivision of this State is contrary to the provisions of this section, the
provisions of this section take precedence and apply.The parking privileges provided for in
this subsection apply only during those times when the vehicle is being used for the loading or
unloading of a person with a mobility impairment. Any person who knowingly exercises, or
attempts to exercise these privileges at a time when the vehicle is not being used for the
loading or unloading of a person with a mobility impairment, upon first conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall be fined one hundred dollars
($100.00); upon second conviction thereof, in addition to any other penalty, he or she may
otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and subsequent
convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be
fined five hundred dollars ($500.00).(f) Any person whose vehicle does not display a
valid, special registration plate orremovable windshield placard may not stop, stand or park a
motor vehicle in an area designated,zoned or marked for accessible parking with signs or
instructions displaying the international symbol of access, either by itself or with
explanatory text. The signs may be mounted on a post or a wall in front of the accessible
parking space and instructions may appear on the ground or pavement, but use of both methods is
preferred. Accessible parking spaces for vans having an eight-foot adjacent access aisle should
be designated as "van accessible" but may be used by any vehicle displaying a valid special
registration plate or removable windshield placard. These spaces are intended solely for
persons with a mobility impairment, as defined in this section: Provided,that any person in the
act of transporting a person with a mobility impairment as defined in this section, may stop,
stand or park a motor vehicle not displaying a special registration plate or removable
windshield placard in the area designated for accessible parking by the international symbol of
access for the limited purposes of loading or unloading a passenger with a mobility impairment:
provided, however, that the vehicle shall be promptly moved after the completion of this
limited purpose.Any person who violates the provisions of this subsection shall be fined one
hundred dollars ($100.00); upon second conviction thereof, in addition to any other penalty he
or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and
subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur,
shall be fined five hundred dollars ($500.00).(g) All signs that designate areas as
"accessible parking" or that display theinternational symbol of access shall also include the
words "Up to $500 fine".(h) No person may stop, stand or park a motor vehicle in an area
designated ormarked off as an accessible aisle to a van-accessible parking space or regular
accessible parking space. Any person, including a driver of a vehicle displaying a valid
removable windshield placard or special registration plate, who violates the provisions of this
subsection shall be fined one hundred dollars ($100.00); upon second conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall be fined three hundred
dollars ($300.00); and upon third and subsequent convictions thereof, in addition to any other
penalty he or she may otherwise incur,shall be fined five hundred dollars ($500.00).(i) Parking
enforcement personnel who otherwise enforce parking violations may issue citations for
violations of this section and shall reference the number on the vehicle's license plate, since
the driver normally will not be present (j) Law-enforcement agencies may establish a program to
use trained volunteers to collect information necessary to issue citations to persons who
illegally park in designated accessible parking spaces. Any law-enforcement agency choosing to
establish a program shall provide for workers' compensation and liability coverage. The
volunteers shall photograph the illegally parked vehicle and complete a form, to be developed
by supervising law-enforcement agencies, that includes the vehicle's license plate number,
date, time and location of the illegally parked vehicle. The photographs must show the vehicle
in the accessible space and a readable view of the license plate. Within the discretion of the
supervising law-enforcement agency, the volunteers may issue citations or the volunteers may
submit the photographs of the illegally parked vehicle and the form to the supervising law-
enforcement agency, who may issue a citation, which includes the photographs and the form, to
the owner of the illegally parked vehicle. Volunteers shall be trained on the requirements for
citations for vehicles parked in marked, zoned or designated accessible parking areas by the
supervising law-enforcement agency.(k) The Municipality in enforcing this section shall retain
all fines and associated late fees. These revenues shall be used first to fund the provisions
of subsection (j) of this section, if adopted by the Municipality or otherwise shall go into
the Municipality's General Revenue Fund. (WVaC 17C-13-6)(1) The maximum time limit that any
qualified vehicle may be parked in a free handicapped parking space on any metered Town street
is two hours. Vehicles parking in excess of two hours shall be cited as follows:First violation
- $2.00Second violation - $5.00
361.07ABANDONED AND JUNK VEHICLES, (a) Definitions.(1) "Abandoned motor vehicle" means any motor
vehicle, or major part thereof, which is inoperative and which has been abandoned on public or
private property for any period of time over five days, other than in an enclosed building or
in a licensed salvage yard or at the business establishment of a demolisher, or any motor
vehicle, or major part thereof, which has remained illegally on public or private property for
any period of time over five days, or any motor vehicle, or major part thereof, which has
remained on private property without consent of the owner or person in control of the property
for any period of time over three days, or any motor vehicle, or major part thereof, which is
unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed
salvage yard or the actual possession of a demolisher.(2)(3) (4)"Junked motor vehicle" means a
motor vehicle or any part thereof, other than an on-premise farm utility vehicle, which:A.
Is discarded, wrecked, ruined, scrapped or dismantled;B. Cannot pass the State
inspection required by West Virginia Code17C-16-1 etseq.;C. Is either not serving a
functional purpose or use or is not in anenclosed building, a licensed salvage yard or the
actual possessionof a demolishes"Motor vehicle" means a vehicle which is or was self-propelled,
including but not limited to automobiles, trucks, buses and motorcycles. (WVaC 17-24-
2)"Inoperable motor vehicle" means any motor vehicle from which, for a period of at least sixty
days, the engine, wheels or other parts have been removed, or on which the engine, wheels or
other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of
being driven under its own motor power. Inoperable motor vehicle shall not include a motor
vehicle which has been rendered temporarily incapable of being driven under its own power in
order to perform ordinary service or repair operations nor to any motor vehicles that are kept
within a building when not in use, to historic vehicles over twenty-five years of age, or to a
motor vehicle on the premises of a place of business engaged in wrecking or junking of motor
vehicles.(b) Abandoning or Depositing Prohibited.(1) No person shall abandon a motor
vehicle upon the right-of-way of anypublic street or highway, upon any other public property,
or upon anyprivate property which he does not own, lease, rent or otherwise controlunless it be
at a licensed salvage yard or at the business establishment ofa demolisher.(WVaC 17-24-3)(2)
No person in charge or control of any property within the Town, whetheras owner, tenant,
occupant, lessee or otherwise, shall allow any partiallydismantled, non-operating, wrecked,
junked or discarded vehicle toremain on such property longer than fifteen days; and no person
shallleave any such vehicle on any property within the Town for a longer timethan fifteen days;
except that this subsection shall not apply with regardto a vehicle in an enclosed building; a
vehicle on the premises of abusiness enterprise operated in a lawful place and manner, when
necessaryto the operation of such business enterprise; or a vehicle in an appropriatestorage
place or depository maintained in a lawful place and manner bythe Town.(c) Nuisance.
Inoperable motor vehicles, whether on public or private property, arehereby declared to be a
nuisance.All persons are required to dispose of any inoperable motor vehicle under their
control upon written notice received from Council or from the Chief of Police or any member of
his department designated by him commanding such disposition of the inoperable motor vehicle.
Such notice shall direct the owner, occupant or person causing, permitting or maintaining such
nuisance to abate or remove such nuisance within seven days and shall state that unless such
nuisance is so abated, the Town will cause the same to be abated and will charge the costs
thereof to the owner, occupant or person causing, permitting or maintaining the same, as the
case may be.If the nuisance is not abated within the time provided or if the owner, occupant or
person causing the nuisance cannot be found, the Mayor or Chief of Police shall cause the
abatement or removal of the public nuisance and charge the costs thereof to the owner,
occupant, or person causing, permitting or maintaining the same.(d) Impounding. The Chief
of Police or any member of his department designated by him is hereby authorized to remove or
have removed any vehicle left at any place within the City which reasonably appears to be in
violation of this section or which reasonably appears to be lost, stolen or unclaimed, or which
is an inoperable vehicle. Such vehicle shall be impounded until lawfully claimed or disposed
of.
361.08SELLING OR REPAIRING VEHICLE UPON ROADWAY.No person shall park a vehicle upon any roadway for
the principal purpose of:(a) Displaying such vehicle for sale.Greasing or repairing such
vehicle, except repairs necessitated by an emergency
361.09PARKING TO DISPLAY OR SELL MERCHANDISE.No vehicle shall be parked in the business or
congested district of the Town for the purpose of displaying or selling therefrom any produce
or merchandise of any kind, except between the hours of 11:00 p.m. and 6:00 a.m
361.10STANDING IN STREET TO DISCHARGE FREIGHT.No vehicle shall remain upon any public street for
the purpose of discharging freight when there is a public alley which has connections with the
premises where such freight is to be delivered or received and such delivery or receipt is
practicable through such alley
361.11STANDING IN FRONT OF THEATER, CHURCH OR SCHOOL.No vehicle shall be left standing in front of a
theater, church, school or public building, except for the purpose of receiving or discharging
passengers or freight and then only for such time as may be actually necessary therefor.
361.12CONSECUTIVE HOURS.No motor vehicle shall be left standing or parked on
any street in the Town for more than forty-eight consecutive hours.
371.01COMPLIANCE WITH TRAFFIC REGULATIONS.Pedestrians shall be subject to traffic control
signals at intersections as provided in Section 313.03, but at all other places pedestrians
shall be accorded the privileges and shall be subject to the restrictions stated in this
article. (WVaC 17C-10-l(a))
371.02RIGHT OF WAY IN CROSSWALK.(a) When traffic control signals are not in place or
not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping
if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the
pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the
pedestrian is approaching so closely from the opposite half of the roadway as to be in danger,
but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the
path of a vehicle which is so close that it is impossible for the driver to yield. This
provision shall not apply under the conditions stated in Section 371.03(b).(b) Whenever any
vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to
permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the
rear shall not overtake and pass such stopped vehicle.
371.03CROSSING ROADWAY OUTSIDE CROSSWALK.(a) Every pedestrian crossing a roadway at any
point other than within a marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right of way to all vehicles upon the roadway.(b) Any pedestrian crossing
a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right of way to all vehicles upon the roadway.(c) Between
adjacent intersections at which traffic control signals are in operation pedestrians shall not
cross at any place except in a marked crosswalk.
371.04DRIVERS TO EXERCISE DUE CARE.Notwithstanding any other provision of this article
every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon
any roadway and shall give warning by sounding the horn when necessary and shall exercise
proper precaution upon observing any child or any confused or incapacitated person upon a
roadway.
371.05MOVING UPON RIGHT HALF OF CROSSWALK.Pedestrians shall move, whenever practicable, upon
the right half of crosswalks
371.06WALKING ALONG STREETS AND HIGHWAYS; SOLICITINGRIDES.(a) Where sidewalks are provided, no pedestrian
shall walk along and upon an adjacent roadway.(b) Where sidewalks are not
provided any pedestrian walking along and upon a street or highway shall when practicable walk
only on the left side of the roadway or its shoulder facing traffic which may approach from the
opposite direction.(c) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
371.07PERSONS WORKING ON STREETS AND HIGHWAYS.The driver of a vehicle shall yield the right of way
to persons engaged in maintenance or construction work on a street or highway whenever he is
notified of their presence by an official traffic control device or flagman.
371.08PROTECTION OF BLIND PEDESTRIANS.The driver of a vehicle approaching a blind
pedestrian who knows, or in the exercise of reasonable care should know, that such pedestrian
is blind because such pedestrian is carrying a cane predominantly white or metallic in color
with or without a red tip, or is using a guide dog or otherwise, shall exercise care
commensurate with the situation to avoid injuring such pedestrian.
371.09ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.(a) For purposes of this section, the definition of
an "electric personal assistivemobility device" is the same definition as previously set forth
in Section 301.081 and "operator" shall refer to the operator of an electric personal assistive
mobility device.(b) An electric personal assistive mobility device shall be equipped with:
(1) Front, rear and side reflectors;(2) A braking system that enables the operator to
bring the device to a controlled stop; and(3) If operated at any time from one-half hour
after sunset to one-half hour before sunrise, a lamp that emits a white light that sufficiently
illuminates the area in front of the device.(c) An operator of an electric personal assistive
mobility device traveling on a sidewalk, roadway or bicycle path shall have the rights and
duties of a pedestrian and shall exercise due care to avoid colliding with pedestrians. An
operator shall yield the right of way to pedestrians.Except as provided in this section, no
other provisions of the motor vehicle code shall apply to electric personal assistive mobility
devices.
371.10SOLICITATION OF PERSONS TRAVELING IN VEHICLES ONPUBLIC RIGHTS OF WAY PROHIBITED.(a) For purposes of this Code section, "solicit",
"solicitation" or "soliciting" shall mean asking for money or objects of value, with the
intention that the money or object be transferred from the occupant of a vehicle within a
public roadway to the solicitor at that time, and at that place. "Soliciting" shall include
using the spoken, written, or printed word, bodily gestures, signs or other means with the
purpose of obtaining an immediate donation of money or other thing of value or soliciting the
sale of goods or services.(b) It shall be unlawful for any person, while standing in any
portion of a public right of way to solicit business, or contributions of money or other
property, from any person traveling in a vehicle within a public right of way; provided,
however, that the foregoing prohibition shall not apply to services rendered in connection with
emergency repairs requested by the operator or passengers of such vehicle.Having received a
license or permit from the Town to conduct solicitation, peddling, or other municipal regulated
activity within the Town shall not constitute an exception to the solicitation activities
prohibited by this Code section.
373.01COMPLIANCE; CODE APPLICATION TO BICYCLES.(a) No person shall do any act forbidden or fail to
perform any act required in thisarticle.(b) The parent of any child and the guardian of any
ward shall not authorize or knowingly permit any such child or ward to violate any of the
provisions of this Traffic Code. (WVaC 17C-11-1)(c) These regulations applicable to
bicycles shall apply whenever a bicycle is operated upon any street or highway or upon any path
set aside for the exclusive use of bicycles subject to those exceptions stated herein.
373.02OBEDIENCE TO TRAFFIC RULES; EXCEPTIONS.(a) Every person riding a bicycle upon a roadway
shall be granted all of the rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this Traffic Code, except as to special regulations in this article and
except as to those provisions of this Traffic Code which by their nature can have no
application.(b) Any person operating a bicycle shall obey the instructions of official traffic
control signals, signs and other traffic control devices applicable to vehicles, unless
otherwise directed by a police officer.
373.03RIDING UPON SEATS; NUMBER OF PERSONS.(a) A person propelling a bicycle shall not ride
other than upon or astride a permanent and regular seat attached thereto.(b) No bicycle
shall be used to carry more persons at one time than the number for which it is designed and
equipped.
373.04ATTACHING BICYCLE OR SLED TO VEHICLE.No person riding upon any bicycle, coaster,
skateboard, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle
upon a roadway.
373.05RIDING ON ROADWAYS AND BICYCLE PATHS.(a) Every person operating a bicycle upon a roadway
shall ride as near to the right side of the roadway as practicable, exercising due care when
passing a standing vehicle or one proceeding in the same direction.(b) Persons riding bicycles
upon a roadway shall not ride more than two abreast except on paths or parts of roadways set
aside for the exclusive use of bicycles.(c) Whenever a usable path for bicycles has been
provided adjacent to a roadway, bicycle riders shall use such path and shall not use the
roadway.
373.06CARRYING ARTICLES.No person operating a bicycle shall carry any
package, bundle or article which prevents the driver from keeping at least one hand upon the
handlebars
373.07LIGHTS AND REFLECTOR ON BICYCLE; SIGNAL DEVICE;BRAKES; HELMET.(a) Every bicycle when in use at nighttime shall be
equipped with a lamp on the front which shall emit a white light visible from a distance of at
least 500 feet to the front and with a red reflector on the rear of a type approved by the
Department of Motor Vehicles which shall be visible from all distances from fifty feet to 300
feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.
A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in
addition to the red reflector.(b) No person shall operate a bicycle unless it is equipped
with a bell or other device capable of giving a signal audible for a distance of at least 100
feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle
any siren or whistle.(c) Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement.(d) No person shall
operate or be a passenger on any bicycle unless he or she iswearing securely fastened on his or
her head by either neck or chin strap, a protective helmet that is designed to deflect blows,
resist penetration and spread impact forces, which protective helmet shall meet or exceed the
specifications of ANSI Z90.4.
373.08RIDING ON SIDEWALKS.(a) No person shall ride a bicycle upon a sidewalk
within a business district.(b) No person fifteen or more years of age shall ride a bicycle
upon any sidewalk in any district.(c) Whenever any person is riding a bicycle upon a
sidewalk, such person shall yield the right of way to any pedestrian and shall give audible
signal before overtaking and passing such pedestrian.(d) No person shall ride a
skateboard or platform with wheels attached or propel themselves with roller skates upon any
sidewalk within the Central Business District.
373.09PARKING OF BICYCLE.No person shall park a bicycle upon a street other
than upon the roadway against the curb, or upon the sidewalk in a rack to support the bicycle,
or against a building in such a manner as to afford the least obstruction to pedestrian
traffic.
373.10RECKLESS OPERATION; CONTROL, COURSE AND SPEED.No person shall operate a bicycle:(a) Without
due regard for the safety and rights of pedestrians and drivers and occupants of all other
vehicles, and so as to endanger the life, limb or property of any person while in the lawful
use of the streets or sidewalks or any other public or private property;(b) Without
exercising reasonable and ordinary control over such bicycle;(c) In a weaving or zigzag
course unless such irregular course is necessary for safe operation in compliance with law;(d)
Without both hands upon the handle grips except when necessary to give the required hand and
arm signals, or as provided in Section 373.06;(e) At a speed greater than is reasonable
and prudent under the conditions then existing.
375.01OPERATOR AND PASSENGER REQUIRED To WEAR SHOES.No person shall operate or be a passenger upon a
motorcycle unless such operator or passenger is wearing shoes on both feet.
375.02DANGEROUS MANEUVERS OR STUNTS PROHIBITED;EXCEPTIONS.No operator of a motorcycle on any Town street shall
engage in maneuvers, stunting or other operations dangerous to himself or his passenger or to
persons or property of others; except, when done for the better control of such vehicle, in
emergencies or to maneuver rough passages of a street. An operator shall at all times keep body
contact with the saddle or seat of such vehicle.
375.03LENDING MOTORCYCLE; SAFETY EQUIPMENT.No person shall rent, lease or lend any motorcycle
to any person without first ascertaining that such person or passenger is equipped with safety
equipment as set forth in this Traffic Code. If such person is not so equipped, he shall
provide same.
501.01REFUSAL TO AID OFFICER.No person shall, when required by the Police Chief
or any other officer, refuse or neglect to assist him in the execution of his office in a
criminal case, in the preservation of the peace or in the apprehension or securing of any
person for a breach of the peace or in any case of escape or rescue. (WVaC 61-5-14)
501.02OBSTRUCTING OFFICER; FLEEING FROM OFFICER.(a) Any person who by threats, menaces, acts or
otherwise, forcibly or illegally hinders or obstructs, or attempts to hinder or obstruct a law
enforcement officer, probation officer or parole officer acting in his or her official capacity
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty
dollars ($50.00) nor more than five hundred dollars ($500.00) and may, in the discretion of the
court, be incarcerated not more than thirty days.(b) Any person who intentionally flees or
attempts to flee by any means other than the use of a vehicle from any law enforcement officer,
probation officer or parole officer acting in his or her official capacity who is attempting to
make a lawful arrest of the person, and who knows or reasonably believes that the officer is
attempting to arrest him or her, is guilty of a misdemeanor and, upon conviction thereof, shall
be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and
may, in the discretion of the court, be incarcerated not more than thirty days.(c) Any
person who intentionally flees or attempts to flee in a vehicle from any law enforcement
officer, probation officer or parole officer acting in his or her official capacity, after the
officer has given a clear visual or audible signal directing the person to stop, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00), and shall be incarcerated not more than thirty
days.For purposes of this section, "vehicle" includes any motor vehicle, motorcycle, motorboat,
all-terrain vehicle or snowmobile, as those terms are defined in West Virginia Code 17A-1-1,
whether or not it is being operated on a public highway at the time and whether or not it is
licensed by the State.For purposes of this section, "flee", "fleeing", and "flight" shall not
include any person's reasonable attempt to travel to a safe place, allowing the pursuing law
enforcement officer, probation officer or parole officer to maintain appropriate surveillance,
for the purpose of complying with the officer's direction to stop.
501.03FALSE FIRE ALARM.No person shall make, turn in or telephone, or by
use of any means or method of communication aid or abet in the making or turning in of any
alarm of fire which he knows to be false at the time of making such alarm. (WVaC 29-3-21)
501.04FALSE REPORTS CONCERNING BOMBS OR OTHER EXPLOSIVEDEVICES.(a) No person shall impart or convey or cause to be
imparted or conveyed any false information, knowing or having reasonable cause to believe such
information to be false, concerning the presence of any bomb or other explosive device in, at,
on, near, under or against any dwelling house, structure, improvement, building, bridge, motor
vehicle, vessel, boat, railroad car, airplane or other place, or concerning an attempt or
alleged attempt being made or to be made to so place or explode any such bomb or other
explosive device.(b) Notwithstanding any provision of this section to the contrary, any
person violating the provisions of subsection (a) of this section for a second offense or whose
violation of the subsection results in another suffering serious bodily injury shall be guilty
of a felony and prosecuted under appropriate State law. (WVaC 61-6-17)
501.05IMPERSONATING AN OFFICIAL OR LAW ENFORCEMENTOFFICER.(a) No person shall falsely represent himself or
herself to be a law-enforcement officer or law-enforcement official or be under the order or
direction of any such person. No person not a law-enforcement officer or law-enforcement
official shall wear the uniform prescribed for such persons, or the badge or other insignia
adopted for use by such persons with the intent to deceive another person.For purposes of this
section, "law-enforcement officer" and "law-enforcement official" shall have the meanings set
forth in West Virginia Code 30-29-1 except that such terms shall not include members of the
State Division of Public Safety and shall not include individuals hired by non-public entities
for the provision of security services. (WVaC 61-1-9)(b) No person shall falsely represent
himself to be an officer or employee of theMunicipality, or exercise or attempt to exercise any
of the duties, functions or powers of a Municipal officer. No person not a member of the Fire
Department, for the purpose of such falserepresentation, shall wear a uniform or part thereof
similar to the uniform worn by a member of the Fire Department.
501.06ATTEMPTS.Every person who attempts to commit an offense, but
fails to commit or is prevented from committing it, shall be subject to the penalty provided in
Section 501.99 if the offense is punishable by confinement in jail
501.07CITATION IN LIEU OF ARREST; FAILURE TO APPEARA police officer may issue a citation instead of making an arrest for the following offenses, if there are reasonable grounds to believe that the person being cited will appear to answer the charge:(a) Any misdemeanor, not involving injury to the person, committed in a police officer's presence: provided, that the officer may arrest the person if he has reasonable grounds to believe that the person is likely to cause serious harm to himself or others; and(b) When any person is being detained for the purpose of investigating whether such person has committed or attempted to commit shoplifting, pursuant to Section 533.01 of this Code.The citation shall provide that the
defendant shall appear within a designated time.If the defendant fails to appear in response to
the citation or if there are reasonable grounds to believe that he will not appear, a complaint
may be made and a warrant shall issue. When a physical arrest is made and a citation is issued
in relation to the same offense, the officer shall mark on the citation, in the place specified
for court appearance date, the word "arrested" in lieu of the date of court appearance.
501.08FALSELY REPORTING AN EMERGENCY INCIDENT.A person is guilty of reporting a false emergency
incident when knowing the information reported, conveyed or circulated is false or baseless,
he:(a) Initiates or circulates a false report or warning of or impending occurrence of a fire,
explosion, crime, catastrophe, accident, illness or other emergency under circumstances in
which it is likely that public alarm or inconvenience will result or that firefighting
apparatus, ambulance apparatus, one or more rescue vehicles or other emergency apparatus might
be summoned; or(b) Reports, by word or action, to any official or quasi-official agency or
organization having the function of dealing with emergencies involving danger to life or
property, an alleged occurrence or impending occurrence of a fire, explosion, crime,
catastrophe, accident, illness or other emergency in which it is likely that public alarm or
inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more
rescue vehicles or other emergency apparatus might be summoned, which did not occur, does not
in fact exist; or(c) Reports to a law enforcement officer or agency the alleged occurrence
of any offense or incident which did not in fact occur or an allegedly impending occurrence of
an offense or incident which is not in fact about to occur or false information relating to an
actual offense or incident or to the alleged implication of some person therein; or(d) Without
just cause, calls or summons by telephone, fire alarm system or otherwise, any firefighting
apparatus, ambulance apparatus, rescue vehicles or other emergency vehicles.
501.09COMPOUNDING OR CONCEALING OFFENSES.No person shall, knowing the commission of an
offense, punishable under any of the provisions of this Code or other ordinances of the City,
take any money or reward, or any engagement therefor, upon an agreement or undertaking
expressed or implied to compound or conceal such offense or not to prosecute therefor, or not
to give evidence thereof.
505.01DOGS AND OTHER ANIMALS RUNNING AT LARGE.(a) No person being the owner or having charge of
cattle, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to
run at large upon any public place, or upon any unenclosed lands, or upon the premises of
another.(b) No person being the owner of or having charge of any dog shall permit it to run
at large upon any public place or upon the premises of another. Dogs not confined on the
owner's property shall be maintained on a leash of a length no longer than six feet. The name
and address of the owner and the Town tax tag shall be attached to the collars of dogs at all
times. The regulations governing the keeping of dangerous dogs as set forth in Section 505.04
shall supersede any conflicting provisions within this subsection.(c) The running at large of
any such animal in or upon any of the places mentioned in this section is prima-facie evidence
that it is running at large in violation of this section.(d) For purposes of this section,
cats shall be permitted to run at large only if such cat is wearing identification as set forth
in Section 505.15.(e) Should any dog, while running at large, bite or otherwise inflict
injury upon any person, the person or owner having charge of any such dog shall be guilty of a
misdemeanor, shall be fined five hundred dollars ($500.00), and may be ordered by the Municipal
Judge to provide restitution, where appropriate. A conviction for the violation of this
particular subsection shall not be a prerequisite for the filing of a civil action by the
victim of any such dog incident.
505.02KEEPING ANIMALS; PENS AND STABLES.(a) Rabbits. No person shall confine, keep or house
live rabbits, exceeding two in number, within the Town, in any pen, coop or structure located
within 120 feet of the residence or dwelling of any other person without the consent of such
person in writing.(b) Permitting Pens to Become Offensive. No person shall permit any yard,
kennel, pen, coop, or other structure wherein live animals may be confined, kept or housed to
become or be offensive, noxious or deleterious to health.Chickens. No person shall confine,
keep or house chickens or other domestic fowl, exceeding two in number, in any pen, coop or
structure located within eighty feet of the residence or dwelling of any other person without
the consent in writing of such other person; provided, that this section shall not be
construed to prohibit the proprietor of any market, hotel, restaurant, boarding house or
residence from keeping or confining for sale or slaughter chickens or other fowls in a pen or
coop within such prescribed limit for a period not exceeding ten days; provided that such pen
or coop is thoroughly cleaned at least once during each forty-eight hour period and rendered
free from offensive, noxious or deleterious odors.Permitting Coops to Become Offensive. No
person shall permit any pen, coop or other structure wherein chickens or other fowl may be
confined, kept or housed, to become offensive, noxious or deleterious to health.Stables.
Whoever shall keep a stable within the Town shall cause all the stable manure produced thereat
to be kept within such stable until hauled away, and he shall in no case allow such manure to
accumulate in such quantities or condition as to become offensive, or deleterious to health;
and all manure so kept within the stable shall be protected from flies by means of screens or
other fly-excluding devices. The floor of every stable shall be kept free from standing or
seeping stable liquids, excrements and other offensive matters.
505.04CRUELTY TO DOGS AND CATS.No person shall cruelly, or needlessly beat,
torture, torment, mutilate, kill or willfully deprive necessary sustenance, to any dog or cat,
irrespective of whether any such dog or cat is his or her own or that of another person. No
person shall impound or confine any dog or cat in any place unprotected from the elements or
fail to supply the same with a sufficient quantity of food and water, or abandon to die any
maimed, sick or diseased dog or cat or be engaged in or employed at dogfighting, or pitting one
dog or cat to fight against another dog or cat or any similar cruelty to any dog or cat, or
receive money for the admission of any person, or use, train or possess a dog or cat for the
purpose of seizing, detaining or maltreating any other dog or cat.
505.05CONCEALING DOG TO AVOID PAYMENT.No person shall hide, conceal or secrete any taxable
dog to avoid the assessment and head tax on such dog or prevent the seizure and impounding of
any dog on which such tax is not paid.
505.06VIOLATION OF QUARANTINE.When the Commissioner of Agriculture of the State,
or any other officer duly authorized to do so, has established a quarantine on dogs in the area
occupied by the Town, any dog found running at large in such quarantined area in the Town may
be seized and confined, or may be shot or otherwise destroyed by any person.
505.07TRESPASSING UPON OR DAMAGING PROPERTY OF ANOTHER.No person having the possession of a dog shall lead
or take such dog upon the private property of another without permission, or knowingly permit
any such dog to soil on, damage or destroy the yards, flowers or shrubbery of another person,
or otherwise trespass upon the property of another without permission. No person having the
possession of a cat shall knowingly permit any such cat to soil on, damage or destroy yards,
flowers or shrubbery of another person or otherwise damage the property of another. For
purposes of this section, "knowingly" means that the person having possession of a dog or cat
has been made aware, by previous incidents, of its propensity to destroy or damage the property
of another, and has failed to take action which will prohibit the same.
505.08RABIES CONTROL.(a) Vaccination Required. Whoever owns, keeps or
harbors a dog or cat within the Town shall, once every two years have such dog or cat properly
vaccinated or immunized against rabies as provided by West Virginia Code 19-20A-1 to 19-20A-8,
as amended, or hereafter amended; provided, however, that dogs need not be vaccinated before
the age of five months and cats before the age of three months; and provided, further, that
dogs or cats entering the Town temporarily cannot be kept and maintained within the Town for a
period of more than thirty days unless properly vaccinated.(b) Record of Vaccination. Whoever
vaccinates or revaccinates a dog or cat against rabies shall keep a record of such vaccination
or revaccination, and shall dispose of such record as provided in West Virginia Code 19-20A-3,
as amended or hereafter amended.(c) Vaccination Tag. Any dog vaccinated or revaccinated as
required by this article shall have a tag indicating the year of vaccination and the number of
the record of such vaccination on such tag, which tag shall be securely fastened to the collar
worn by the dog.(d) Violations of Subsections (a), (b) or (c). No person who owns, keeps or
harbors a dog or cat within the Town shall fail to have such dog or cat vaccinated or
revaccinated against rabies; fail or refuse to keep the required report of such vaccination;
fail or refuse to provide the required tag; or obstruct or interfere in any way with the
enforcement of any provisions of subsections (a), (b) or (c).Dogs. Cats, etc.; Rabies
Observation. Any person who owns or harbors any dog, cat or other domesticated animal, whether
licensed or unlicenced, which bites any person, shall forthwith confine and quarantine the
animal for a period of ten days for rabies observation. If any unvaccinated domesticated animal
is bitten by a rabid animal, the owner shall confine the bitten animal for a period of six
months. The animal shall be vaccinated or revaccinated after five months. If such animal is not
so confined and quarantined, as required herein, the Town may(e) cause such animal to be
placed in the custody and care of a licensed veterinarian for such purpose at the owner's
expense. The penalty for any violation of this subsection shall be a fine of fifty dollars
($50.00) and/or incarceration for a period of not less than two nor more than three days.
505.09SALE OF FOWL AND RABBITS.(a) Sale or Raffle of Artificially Colored Chicks
or Rabbits Prohibited. No chick, duckling, gosling or rabbit that has been dyed or otherwise
colored artificially may be sold or offered for sale, raffled, offered or given as a prize,
premium or advertising device, or displayed in any store, carnival or other public place.(b)
Restrictions on Sale of Chicks. Chicks, ducklings, and goslings younger than four weeks of age
may not be sold or offered for sale, raffled or offered or given as a prize, premium or
advertising device, in quantity of less than six birds to an individual person.(c) Care of
Chicks Offered for Sale. Stores, shops, vendors and others offering chicks, ducklings or
goslings for sale, raffle or as a prize, premium or advertising device, or displaying chicks,
ducklings or goslings to the public, shall provide and operate brooders or other heating
devices that may be necessary to maintain the chicks, ducklings or goslings in good health and
shall keep adequate food and water available to the birds at all times.
505.11ANIMAL DEFECATION.(a) No owner or custodian of any animal shall cause
or allow such animal to soil,defile or defecate on any public property or upon any street,
sidewalk, public way, or upon privateproperty other than that of the owner, unless such owner
or custodian immediately removes anddisposes of all feces deposited by such animal by the
following methods:(1) Collection of the feces by appropriate implement and placement in a
paper or plastic bag or other container; and(2) Removal of such bag or container to the
property of the animal owner or custodian and disposition thereafter in a manner as otherwise
may be permitted by law.(b) Any person who violates this section shall be fined twenty-five
dollars ($25.00).505.12 TRAPPING PROHIBITED.(a) Purpose. It is the purpose of this section to
prevent the potential harm that may be inflicted upon people, particularly children, and to
prevent the maiming, unselective catching, and destruction of wild animals and birds and
domestic animals that come in contact with traps.(b) Definitions. As used in this section,
the terms below have the meanings described.(1) "Trap" means any mechanical device or snare
which seeks to hold, capture or kill an animal.(2) "Trapping" means the setting or laying
or otherwise using of a trap.(3) "Nuisance animal" means a wild animal that is either
causing property damage or threatening public health and safety, and does not include
domesticated animals.(c) Trapping Prohibited. No person, firm, corporation or
association shall do any trapping anywhere in the Town. Traps discovered by the police which
have been unlawfully set in the Town may be seized and used as prima facie evidence that a
violation has been committed.(d) Exceptions.(1) The provisions of this section do not
apply to the use of any trap specifically designed to kill rats, mice, or moles with the
consent of the owner or occupant of the real property where the trap is set.(2) The provisions
of this section do not apply to cage-type live traps employed for the control of nuisance
animals so long as such traps are approved by the Chief of Police, set with the consent of the
real property owner or occupant, and are tended to at least once every twenty-four hours.(3)
The provisions of this section do not apply to WV DNR licensed ADC Agents subject to the
following conditions:A. Any such trapping will only be done at the request of the propertyowner
upon whose land traps will be set;B. Any such trapping will be for the sole purpose of
removing nuisanceanimals;C. Prior to setting any such trap, the trapper must provide the
Mayorwith documentation evidencing that he/she is currently licensed bythe WV DNR as an ADC
Agent.D. Any such WV DNR licensed ADC Agent who is retained by aproperty owner to trap
nuisance animals must, within twenty-fourhours of setting any such trap, contact the Mayor's
Office and notifyhim/her as to the name of the property owner, the address of theproperty upon
which trapping will take place, the nuisance animalbeing trapped, and the type and number of
traps being set on saidproperty;E. Said WV DNR licensed ADC Agent must contact the
Mayor'soffice within twenty-four hours of removing any such trap andnotify him/her of the
location from which said trap(s) have beenremoved.F. Said WV DNR licensed ADC Agent may only
use trappingrelocation methods and procedures authorized by the WV DNR.
509.01DISORDERLY CONDUCT.A person is guilty of disorderly conduct if, with
the intent to cause public inconvenience, annoyance, alarm or harm he:(a) On any street,
highway, public building, in or on a public or private conveyance, or public place, engages in
conduct having a direct tendency to cause acts of violence by the person or persons at whom,
individually, such conduct is directed.(b) Willfully, or being intoxicated, whether
willfully or not, disrupts any meeting of the governing body of any political subdivision of
this state or a division or agency thereof, or of any school, literary society, or place of
religious worship, or any other meeting open to the public, if such disruption prevents or
interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of
violence by the person or persons at whom, individually, such disruption is directed.(c)
Engages in fighting, or threatens to harm persons or property unlawfully.(d) Makes any
gestures, displays, utterances or communication which commonly provoke aggressive or violent
reactions in the people to whom such behavior is directed.(e) Insults, taunts or challenges
another under circumstances in which such conduct is likely to provoke a violent response.(f)
Hinders or prevents the movement of persons or vehicles on a public street, road, highway right
of way or to, from, within or upon public or private property, so as to interfere with the
rights of others, by any act which serves no lawful and reasonable purpose.(g) Creates a
condition which presents a risk of physical harm to persons or property.(h) Urinates or
defecates in any public place or upon the property of any other personexcept this section shall
not apply to the use of restrooms and/or bathrooms.Nothing described herein shall be
interpreted or construed to prevent any constitutionally protected activity including but not
necessarily limited to exercise of one's constitutionally guaranteed rights of freedom of
speech or assembly. No person may be convicted under this section when his sole intent for
engaging in the activities for which he was arrested was to exercise one or more of the rights
guaranteed to him under the Constitution of the United States or the State Constitution or to
exercise any other rights guaranteed to that person by law.
509.02BEGGING.No person shall use the public streets, sidewalks or
alleys within the Town for the purpose of begging; or sing, play musical instruments or make
any exhibition on such public streets, sidewalks or alleys in connection with begging thereon;
or use any minor child for the purpose of begging on such public streets, sidewalks or alleys
within the Town.
509.03LOITERING ON SCHOOL PROPERTY.No person, not a student in regular attendance,
shall loiter in or about any school, school building or school grounds in violation of any
posted rules or regulations governing the use of any such school without written permission
from the principal
513.01KEEPING OR EXHIBITING GAMBLING APPARATUS.No person shall keep or exhibit a gaming table,
commonly called an A.B.C. or E.O. table, faro bank, keno table, or any slot machine, multiple
coin console machine, multiple coin console slot machine or device in the nature of a slot
machine, or any other gaming table or device of like kind, under any denomination or which has
no name, whether the game, table, bank, machine or device is played with cards, dice or
otherwise, or be a partner, or concerned in interest, in keeping or exhibiting such table,
bank, machine or gaming device of any character. Any such table, faro bank, machine or gaming
device, and all money staked or exhibited to allure persons to bet at such table or upon such
gaming device, may be seized by order of the Municipal Court and the money so seized shall be
forfeited to the Town and paid into the Town Treasury and the table, faro bank, machine or
gaming device shall be completely destroyed. However, the provisions of this section shall not
extend to coin-operated nonpayout machines with free play features or to automatic weighing,
measuring, musical and vending machines which are so constructed as to give a certain uniform
and fair return in value or services for each coin deposited therein and in which there is no
element of chance.
513.03ACTING AS LOOKOUT OR GUARD FOR KEEPER OF GAMBLINGAPPARATUS.No person shall act as doorkeeper, guard or watch,
or employ another person to act as such, for a keeper or exhibitor of any gaming table, bank or
device as mentioned in Section 513.01, nor resist, nor by any means or device, prevent, hinder
or delay the lawful arrest of such keeper or exhibitor, or the seizure of the table, bank or
device, or money exhibited or staked thereat, nor unlawfully take the same from the person
seizing it.
513.04PLAYING ON GAMBLING APPARATUS; HOTELS,PUBLIC PLACES.No person shall bet or play at any gaming table,
bank or device as mentioned in Section 513.01, or, at any hotel or tavern, other public place
or place of public resort, play at any game except bowling, chess or backgammon, draughts or a
licensed game, or bet on the side of those who play at any game, whether or not the game is
permitted or licensed.
513.05MAKING WAGER FOR VALUE OR FURNISHING MONEYTO ANOTHER FOR WAGER.No person shall, at any place, public or private,
bet or wage money or other thing of value on any game of chance, or knowingly furnish any money
or other thing of value to any other person to bet or wage on any such game.
513.06PERMITTING GAMBLING AT PUBLIC PLACES.No keeper of a hotel, tavern or other public place
shall permit unlawful gaming at his house, or at any outhouse, booth, arbor or other place
appurtenant thereto.
513.07CHEATING OR FRAUDULENT ACTIONS WHILE GAMBLINGOR MAKING A WAGER.No person playing at any game or making a wager, or
having a share in any stake or wager, or betting on the hands or sides of others playing at any
game or making a wager, shall cheat, or by fraudulent means win or acquire for himself, or
another, money or any other valuable thing.
513.08POOLROOMS AND POOL TICKETS."Poolroom", wherever used in this section, means any
room where any pool ticket, chance voucher or certificate is sold entitling or purporting to
entitle the holder or promisee thereof, or any other person, to money or other thing of value,
contingent upon the result of any horse race, prizefight, game of chance, game of skill or
science or other sport or contest. No person shall set up or promote, or be connected with or
interested in the management or operation of any poolroom. The buying, selling or transferring
of tickets or chances in any lottery is hereby prohibited.
513.09LOTTERIES AND RAFFLES.No person shall set up, promote or be concerned in
managing or drawing a lottery or raffle for money or other thing of value; knowingly permit
such lottery in any house under his control; knowingly permit money or other property to be
raffled for in such house or to be won therein by throwing or using dice or by any other game
of chance; knowingly permit the sale in such house of any chance or ticket, or share of a
ticket in a lottery, or any writing, certificate, bill, token or other device purporting or
intended to guarantee or assure to any person or to entitle him to a prize, or a share of or
interest in a prize to be drawn in a lottery. No person shall for himself or any other person,
buy, sell, transfer or have in his possession for the purpose of sale or with intent to
exchange, negotiate or transfer, or aid in selling, exchanging, negotiating or transferring a
chance or ticket, or a share of a ticket, in a lottery or any such writing, certificate, bill,
token or device. However, this section shall not be deemed to apply to that certain type or
form of lottery or raffle designated and familiarly known as "policy" or "numbers".
513.10PUNCH BOARDS PROHIBITED.No person shall operate or have in his possession,
within the Town, a punch board, tip board, baseball ticket board or other similar device.
517.01PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.(a) Definitions of terms used in this section,
and any variations thereof required by the context, shall have the meaning ascribed to them as
follows:(1) "Distribute" means to transfer possession of, whether with or without
consideration.(2) "Employee" means any individual who renders personal services in the
course of a business, who receives compensation therefor at a fixed rate and who has no
financial interest in the ownership or operation of the business other than his salary or
wages.(3) "Exhibit" means to display or offer for viewing, whether with or without
consideration.(4) "Knowingly" means to have knowledge or to be aware of the content or
character of obscene matter.(5) "Matter" means any book, magazine, newspaper or other printed
or written material, or any picture, drawing or photograph, motion picture, or other visual
representation, or any statue or other figure, or live conduct, or any recording, transcription
or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines
or materials.(6) "Minor" means any individual under the age of eighteen years.(7)
"Obscene matter" means to the average individual, applying contemporary State standards, matter
which:A. Considered as a whole, appeals to the prurient interests;B. Depicts or
describes in a patently offensive manner ultimate sexualacts, both normal and perverted, actual
or simulated, masturbation,sodomy, fellatio, cunnilingus, bestiality, sadism, excretory
functionsor lewd exhibition of the genitals, andC. Considered as a whole, lacks serious
literary, artistic, political orscientific value.(8) "Person" means any individual,
partnership, firm, association, corporation or other legal entity.(9) "Prepare" means to
produce, publish or print.(10) "Public display" means the placing of material on or in a
billboard, viewing screen, theater, marquee, newsstand, display rack, window showcase, display
case or similar public place, so that the material within the meaning of "obscene matter" is
easily visible from a public thoroughfare, from the property of others or from commercial or
business premises generally open to minors at the time of such placing.(b) No person shall
knowingly send or cause to be sent or bring or cause to be brought into this Town any obscene
matter for distribution, exhibition or public display to a minor, or in this Town prepare for,
distribute to, exhibit to or publicly display to a minor any obscene matter, or offer to
prepare for, distribute to, exhibit to or publicly display to a minor any obscene matter, or
have in his possession with the intent to distribute, exhibit or make a public display of, any
obscene matter to a minor.(c) No employee shall be guilty of a violation of this section when
such employee is a projectionist, ticket taker, usher or when such employee distributes,
prepares or exhibits obscene matter while acting within the scope of his employment.(d) Any
person who distributes or exhibits obscene matter, or possesses obscene matter with the intent
to distribute or exhibit the same in the course of his business, is presumed to do so with
knowledge of its content or character.(e) No person shall be guilty of distributing or
exhibiting obscene matter to a minor when such person has reasonable cause to believe that the
minor involved was eighteen years of age or more and such minor exhibited to such person a
driver's license, draft card or other official or apparently official document purporting to
establish that such minor was eighteen years of age or more.No person who, with knowledge that
a person is a minor under eighteen years of age, or who, while in possession of such facts that
he should reasonably know that such person is a minor under eighteen years of age, shall hire,
employ or use such minor to do or assist in doing any of the acts described in subparagraph
(a)(7)B. hereof.
517.02OPERATING A PLACE FOR OR PERMITTING OR ENGAGING IN PROSTITUTION, LEWDNESS OR ASSIGNATION.(a) No person shall keep, set up, maintain or
operate any house, place, building, hotel, tourist camp, other structure or part thereof, or
vehicle, trailer or other conveyance for the purpose of prostitution, lewdness or assignation;
or own any place, house, hotel, tourist camp, other structure or part thereof, or trailer or
other conveyance knowing the same to be used for the purpose of prostitution, lewdness or
assignation, or let, sublet or rent any such place, premises or conveyance to another with
knowledge or good reason to know of the intention of the lessee or rentee to use such place,
premises or conveyance for prostitution, lewdness or assignation; or offer, or offer to secure
another for the purpose of prostitution or for any other lewd or indecent act; or receive or
offer or agree to receive any person into any house, place, building, hotel, tourist camp or
other structure, or vehicle, trailer or other conveyance for the purpose of prostitution,
lewdness or assignation, or permit any person to remain there for such purpose; or for another
or others, direct, take or transport, or offer or agree to take or transport, or aid or assist
in transporting any person to any house, place, building, hotel, tourist camp, other structure,
vehicle, trailer or other conveyance, or to any other person with knowledge or having
reasonable cause to believe that the purpose of such directing, taking or transporting is
prostitution, lewdness or assignation; or aid, abet or participate in the doing of any acts
herein prohibited. Whoever violates this subsection (a) shall, for a first offense, be guilty
of a misdemeanor.(b) No person shall engage in prostitution, lewdness or assignation, or
solicit, induce, entice or procure another to commit an act of prostitution, lewdness or
assignation; or reside in, enter or remain in any house, place, building, hotel, tourist camp
or other structure, or enter or remain in any vehicle, trailer or other conveyance for the
purpose of prostitution, lewdness or assignation; or aid, abet or participate in the doing of
any of the acts herein prohibited.Whoever violates this subsection (b) shall, for a first or
second offense, be guilty of a misdemeanor.The subsequent offense provision shall apply only to
the pimp, panderer, solicitor, operator or any person benefitting financially or otherwise from
the earnings of a prostitute.All leases and agreements, oral or written, for letting,
subletting or renting any house, place, building, hotel, tourist camp or other structure which
is used for the purpose of prostitution, lewdness or assignation, shall be void from and after
the date any person who is a party to such an agreement shall be convicted of an offense
hereunder. "Tourist camp" includes any temporary or permanent buildings, tents, cabins or
structures, or trailers or other vehicles which are maintained, offered or used for dwelling or
sleeping quarters for pay.
517.03DETENTION OF PERSON IN PLACE OF PROSTITUTION.No person shall by any means keep, hold, detain or
restrain any person in a house of prostitution or other place where prostitution is practiced
or allowed; shall, directly or indirectly, keep, hold, detain or restrain or attempt to keep,
hold, detain or restrain, in any house of prostitution or other place where prostitution is
practiced or allowed, any person by any means, for the purpose of compelling such person,
directly or indirectly to pay, liquidate, or cancel any debt, dues or obligations incurred or
said to have been incurred by such person Whoever violates this section shall, for a first
offense, be guilty of a misdemeanor if the person so kept, held, detained or restrained under
this section is not a minor.
517.04PANDERING.(a) No person shall procure an inmate for a house of
prostitution, or by promises, threats, violence or by any device or scheme, cause, induce,
persuade, or encourage a person to become an inmate of a house of prostitution, or shall
procure a place as inmate in a house of prostitution for a person. No person shall, by
promises, threats, violence or any device or scheme cause, induce, persuade or encourage an
inmate of a house of prostitution to remain therein as such inmate; or shall, by fraud or
artifice, or by duress of person or goods, or by abuse of any position of confidence or
authority, procure any person to become an inmate of a house of ill fame, to enter any place in
which prostitution is encouraged or allowed within this Municipality, or to come into or leave
this Municipality for the purpose of prostitution, or shall procure any person to become an
inmate of a house of ill fame within this Municipality or to come into or leave this
Municipality for the purpose of prostitution; or shall receive or give or agree to receive or
give any money or thing of value for procuring or attempting to procure any person to become an
inmate of a house of ill fame within this Municipality, or to come into or leave this
Municipality for the purpose of prostitution.It shall not be a defense to prosecution for any
of the acts prohibited in this section that any part of such act or acts shall have been
committed outside of this Municipality, and the offense shall in such case be deemed and
alleged to have been committed and the offender tried and punished in the municipality or
county in which the prostitution was intended to be practiced, or in which the offense was
consummated, or any overt act in furtherance of the offense was committed.Any such person shall
be a competent witness in any prosecution under this section to testify for or against the
accused as to any transaction, or as to conversation with the accused, or by the accused with
another person or persons in his or her presence, notwithstanding his or her having married the
accused before or after the violation of any of the provisions of this section, whether called
as a witness during the existence of the marriage or after its dissolution. The act or state of
marriage shall not be a defense to any violation of this section.
517.05PIMPING.(a) No person knowing another person to be a
prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings
or proceeds of the prostitution of such prostitute, or from money loaned or advanced to or
charged against such prostitution by any keeper or manager or inmate of a house or other place
where prostitution is practiced or allowed, or shall tout or receive compensation for touting
for such prostitution. A prostitute shall be a competent witness in any prosecution hereunder
to testify for or against the accused as to any transaction or conversation with the accused,
or by the accused with another person or persons in the presence of the prostitute, even if the
prostitute may have married the accused before or after the violation of any of the provisions
of this section, whether called as a witness during the existence of the marriage or after its
dissolution.Whoever violates this section shall, for a first offense, be guilty of a
misdemeanor unless the prostitute referred to in this section is a minor.
517.06PROFANE SWEARING AND DRUNKENNESS.No person having arrived at the age of discretion
shall profanely curse or swear or get drunk in public
517.07OBSCENE OR HARASSING TELEPHONE CALLS.(a) No person with intent to harass or abuse
another by means of telephone shall:(1) Make any comment, request, suggestion or proposal which
is obscene; or(2) Make a telephone call, whether or not conversation ensues, without
disclosing his identity and with intent to harass any person at the called number; or(3)
Make or cause the telephone of another repeatedly or continuously to ring, with intent to
harass any person at the called number; or(4) Make repeated telephone calls, during which
conversation ensues, with intent to harass any person at the called number; or(5)
Threaten to commit a crime against any person or property.(b) No person shall knowingly
permit any telephone under his control to be used for any purpose prohibited by this
section.Any offense committed under this section may be deemed to have occurred at the place at
which the telephone call was made, or the place at which the telephone called was
received.
517.08INDECENT EXPOSURE.No person shall intentionally expose his or her sex
organs or anus or the sex organs or anus of another person, or intentionally cause such
exposure by another or engage in any overt act of sexual gratification, under circumstances in
which the person knows that the conduct is likely to cause affront or alarm.
517.09INVASION OF PRIVACY BY LOOKING.No person shall unlawfully enter upon the property
of another and secretly or furtively peep through or attempt to peep into, through, or spy
through a window, door or other aperture of any building, structure or other enclosure of any
nature occupied by or intended for occupancy as a dwelling or dormitory, whether or not such
building, structure or enclosure be permanently situated or transportable and whether or not
such occupancy be permanent or temporary.
521.06INTOXICATION OR DRINKING IN PUBLIC PLACES;ILLEGAL POSSESSION.No person shall:(a) Appear in a public place in an
intoxicated condition;(b) Drink alcoholic liquor or nonintoxicating beer or have an open
container of alcoholic liquor or nonintoxicating beer in or on any public sidewalk, walkway,
entranceway, street, lane or other public place;(c) Drink alcoholic liquor or
nonintoxicating beer in a motor vehicle on any highway, street, alley or in a public garage. No
person shall possess an open container of nonintoxicating beer or alcoholic liquor in a motor
vehicle except in a place which can be reached only by leaving the vehicle;(d) Tender a drink
of alcoholic liquor to another person in a public place;(e) Possess alcoholic liquor in the
amount in excess of ten gallons, in containers not bearing stamps or seals of the West Virginia
Alcohol Beverage Control Commissioner, without having first obtained written authority from the
Commissioner therefor;(f) Possess any alcoholic liquor which was manufactured or acquired
in violation of the provisions of West Virginia Code Chapter 60.Possess or consume alcoholic
liquor, wine or nonintoxicating beer if such person is under the age of twenty-one years as of
the date of the possession or consumption.
521.08UNLAWFUL PURCHASE OF NONINTOXICATING BEER.(a) No person under the age of twenty-one years
shall purchase, consume, sell, possess or serve nonintoxicating beer.Nothing in this section,
nor any rule or regulation of the Alcohol Beverage Control Commissioner, shall prevent or be
deemed to prohibit any person who is at least eighteen years of age from serving in the lawful
employment of any licensee, which may include the sale or delivery of nonintoxicating beer.
Further, nothing in this section, nor any rule or regulation of the Commissioner, shall prevent
or be deemed to prohibit any person who is less than eighteen but at least sixteen years of age
from being employed by a licensee whose principal business is the sale of food or consumer
goods or the providing of recreational activities, including, but not limited to, nationally
franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores,
discount stores, grocery stores and convenience stores: provided, that such person shall not
sell or deliver nonintoxicating beer. Nothing in this subsection shall prohibit a person who
is at least eighteen years of age from purchasing or possessing nonintoxicating beer when he or
she is acting upon the request of or under the direction and control of any member of a state,
federal or local law-enforcement agency or the West Virginia Alcohol Beverage Administration
while the agency is conducting an investigation or other activity relating to the enforcement
of the alcohol beverage control statutes and the rules and regulations of the Commissioner.(b)
No person under the age of twenty-one years for the purpose of purchasing nonintoxicating beer,
shall misrepresent his or her age, or for such purpose present or offer any written evidence of
age which is false, fraudulent or not actually his or her own, or shall illegally attempt to
purchase nonintoxicating beer.No person shall knowingly buy for, give to or furnish
nonintoxicating beer to anyone under the age of twenty-one years to whom they are not related
by blood or marriage.
523.02LITTER IN PUBLIC PLACES.No person shall throw or deposit litter in or upon
any street, sidewalk or other public place within the Town except in public receptacles, in
authorized private receptacles for collection or in official Town dumps.
523.03LITTER ON OCCUPIED PRIVATE PROPERTY.No person shall throw or deposit litter on any
occupied private property within the Town, whether owned by such person or not, except that the
owner or person in control of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being carried or deposited by
the elements upon any street, sidewalk, or other public place or upon any private
property.
523.04OCCUPANT TO MAINTAIN PREMISES FREE OF LITTER.The occupant or person in control of any private
property shall at all times maintain the premises free of litter, rubbish, refuse and
garbage.
523.05CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY TOWN.(a) Notice to Remove. The Mayor is hereby
authorized to notify the owner of any open or vacant private property within the Town or the
agent of such owner to properly dispose of litter, rubbish, refuse and garbage located on such
owner's property. Such notice shall be served in accordance with the laws of this State
concerning the service of process in civil actions.(b) Action Upon Noncompliance. Upon the
failure, neglect or refusal of any owner so notified to properly dispose of such litter,
rubbish, refuse and garbage within ten days after the date of service of such notice, the Mayor
may cause the same to be removed by employees of the Town, or otherwise as he may decide or
direct, and the Mayor shall report the cost of such removing to the Recorder who shall
forthwith mail by certified mail a statement of the cost of removal to the owner of such
property. At the same time the Recorder shall also inform the property owner that a lien will
be filed against the owner's property unless such statement of cost is paid in full within ten
days from the date of statement. Should the owner fail to make payment within the time
specified above, the Mayor is authorized to file a notice of lien against the owner's property
and which such notice of lien shall briefly describe the property affected and shall include a
statement of costs, a clerical fee not to exceed fifty dollars ($50.00) and a fee for the
search of the records to ascertain the owner of such property not to exceed fifty dollars
($50.00) and recordation of such lien. A copy of such notice of lien shall also be sent to the
owner of such property by certified mail. Upon recordation of such notice of lien in the Trust
Deed Book in the Office of the Clerk of the County Commission of Monongalia County, West
Virginia, such notice of lien shall constitute a valid lien from the date of its
recordation.
525.01CONTRIBUTING TO DELINQUENCY OR NEGLECT OF MINOR.No person shall by any act or omission contribute
to, encourage or tend to cause the delinquency or neglect of any child.
525.02CRUELTY TO CHILDREN.(a) No person shall cruelly ill treat, abuse or
inflict unnecessary cruel punishment upon, any infant or minor child, and no person, having the
care, custody or control of any minor child, shall willfully abandon or neglect the minor
child.
525.04SALE OR GIFT OF CIGARETTE OR OTHER TOBACCO PRODUCTTO PERSONS UNDER EIGHTEEN; PENALTY.(a) No person, firm or corporation may sell, give
or furnish or cause to be sold, givenor furnished, to any person under the age of eighteen
years:(1) Any cigarette, cigarette paper or any other paper prepared, manufactured or
made for the purpose of smoking any tobacco or tobacco product; or(2) Any cigar, pipe, snuff,
chewing tobacco or tobacco product in any form.
525.041 USE OR POSSESSION OF TOBACCO OR TOBACCO PRODUCTS BYPERSONS UNDER THE AGE OF EIGHTEEN YEARS; PENALTY.No person under the age of eighteen years shall have
on or about his or her person or premises for use any cigarette, cigarette paper or any other
paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any
form, or any pipe, snuff, chewing tobacco or tobacco product. Minors participating in the
inspection of locations where tobacco products are sold or distributed pursuant to an
inspection being conducted by a law enforcement agency, as authorized by the West Virginia
Code, shall not be deemed to violate the provisions of this section.
525.042 USE OF TOBACCO OR TOBACCO PRODUCTS INPUBLIC SCHOOLS PROHIBITED; PENALTY.Every person who smokes a cigarette or cigarettes,
pipe, cigar or other implement of any type or nature, designed, used or employed for smoking
any tobacco or tobacco products; or who uses any tobacco product, whether chewing tobacco,
snuff or otherwise in any building or part thereof used for instructional purposes, in any
school within this Municipality as defined in West Virginia Code 18-1-1, or on any lot or
grounds actually used for instructional purposes of any such school within this Municipality
while such school is used or occupied for school purposes.
525.05CURFEW.(a) Definitions. For the purpose of this section,
the following terms, phrases, words and their derivations shall have the meaning given herein.
(1) "Town" means the Town of Granville, West Virginia.(2) "Minor" means any person under
the age of eighteen years.(3) "Parent" means the natural or adoptive parent of a minor.(4)
"Guardian" means any person other than a parent, who has legal guardianship of a minor.(5)
"Custodian" means any person over the age of eighteen years who has put himself or herself in
the situation of a lawful parent or guardian by assuming the obligations incident to the
parental or guardian relation without going through the legal formalities necessary for
adoption or guardianship.(6) "Public place" means any street, alley, highway, sidewalk,
park, playground or place to which the general public has access and right to resort for
business entertainment or other lawful purpose. A public place includes but is not limited to
any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room,
shopping center and any other place devoted to amusement or entertainment of the general
public. "Public place" also includes the front or immediate area of the above.(b) No
minor shall remain idle, wander, stroll or play in any public place either on foot or cruise
about by vehicle without a set destination in, about or upon any public place in the Town
between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and between the hours of
11:00 p.m. and 6:00 am. Friday through Saturday unless accompanied by a parent, guardian,
custodian or other person having the legal care and custody of such minor, or unless the minor
is in the performance of an errand or duty directed by such parent, guardian, custodian or
other person having the legal care and custody of such minor, or unless the minor's employment
or other legitimate activities make it necessary to be upon such streets or public places
during the night after the above specified hours.(c) No parent, guardian, custodian, or
other person having the legal care or custody of any such minor shall allow or permit, or by
inefficient control shall allow such minor while under such legal care or custody, to go or be
in or upon any of the streets or public places of the Town during the hours specified in
subsection (b) hereof, unless there exists a reasonable necessity therefor. However, the
provisions of this subsection do not apply to a minor accompanied by his parent, guardian,
custodian or other person having the legal care and custody of such minor, or if the minor is
on an emergency errand or duly directed by his or her parent, guardian, custodian or other
person having the legal care or custody of any such minor, or if the parent, guardian,
custodian or other person herein has made a missing person notification to the Police
Department.(d) No person, firm or corporation operating or having charge of any public place
shall knowingly permit the presence of minors under the age of eighteen between the hours of
10:00 p.m. and 6:00 a.m. Sunday through Thursday and between 11:00 p.m. and 6:00 a.m. on Friday
through Saturday as specified in subsection (b) hereof.Nothing in this section shall prevent a
minor from engaging in a legitimate recreational, cultural or refreshment activity inside a
building with the permission of his or her parent and where there is no objection from the
manager/supervisor of the relative business or activity.(e) Any minor attending a special
function or entertainment of any church, school, clubor other organization that requires such
minor to be out at a later hour than that called for insubsection (b) hereof shall be exempt
from the provisions of subsection (b) hereof provided thechurch, school, club or other
organization registers in advance with the Chief of Police or theChief of Police's designee to
have the minors stay out to this later hour. The registrant shall statethe time the function or
entertainment shall end, and the minors who attend the function shall berequired to be in their
homes or usual places of abode within one-half hour after the function isended.(f)
Procedures.(1) Any police officer upon finding a minor in violation of subsection (b) hereof
shall ascertain the name and address of such minor and warn the minor that he or she is in
violation of curfew and shall direct the minor to proceed at once to his or her home or usual
place of abode. The police officer shall report such action to the Chief of the Police
Department who in turn shall notify the parents, guardian or person having custody or control
of such minor.(2) If such minor refuses to heed such warning or direction by any police officer
or refuses to give such police officer his or her correct name and address, or if the minor has
been warned on a previous occasion that he or she is in violation of curfew, he or she shall be
taken to the Police Department and the parent, guardian or other adult person having the care
and custody of such minor shall be notified to come and take charge of the minor. If the
parent, guardian or other adult person above cannot be located or fails to come and take charge
of the minor, the minor shall be released to the juvenile authorities.
525.06ABANDONED REFRIGERATORS AND ICE BOXES.No person shall leave or permit to remain outside of
any dwelling, building or other structure, or within any unoccupied or abandoned building,
dwelling or other structure under his control, in a place accessible to children, any
abandoned, unattended or discarded ice box, refrigerator or other container which has an
airtight door or lid, snaplock or other locking device which may not be released from the
inside, without first removing such door or lid, snaplock or other locking device from such ice
box, refrigerator or container.
526.03PARKING PROHIBITED.No person shall park or place a "motor vehicle" or
"other personal property" within the grassy or otherwise unimproved area of any front or side
yard.
526.04DRIVEWAYS.All driveways shall be required to be improved in
accordance with the standards applicable to improved areas.
526.05IMPROVED AREAS.The Mayor shall require the Town Engineer to adopt
"improved area" standards for the construction of parking areas and driveways for the purpose
of this article. Should there be any question as to whether any front or side yard parking area
or driveway meets the requirements ofthis article, it shall be the duty of the Town Engineer to
examine the same and render an opinion. Should any property owner allow an improved area to
deteriorate to a point where in the judgment of the Town Engineer the area no longer meets the
intent and purpose of an improved area as described in this article, the Town Engineer shall
inform the property owner in writing of said deterioration and therein describe what needs to
be done in order to correct the situation. Any property owner who disagrees with the Town
Engineer's decision regarding their realty, within 10 days of receiving the Town Engineer's
written decision, may appeal the decision to the Town Manager. The Town Manager's decision in
the matter shall be final.
526.06TEMPORARY USE.(a) The Town recognizes that there may be isolated
instances in which a property owner might need to temporarily utilize unimproved areas of
his/her front and side yard for purposes otherwise prohibited by this article. For that reason
the provisions of this article shall not apply to the temporary (less than 12 hours) parking of
a motor vehicle or utility trailer within the yard for purposes of loading and unloading
materials or equipment; nor shall it apply to temporary parking of motor vehicles or utility
trailers used in conjunction with permitted construction or repair activities on the premises.
(b) In addition to the foregoing paragraph, should a property owner or occupant of a
structure desire to utilize a front or side yard in a manner prohibited by this article, that
individual shall be allowed to file a written request for permission to do so with the Mayor.
Should the Mayor determine, based upon the particular facts applicable to the request in
question, that the request should be granted, the Mayor shall notify the applicant in writing
that his or her request has been approved. The Mayor's letter of approval shall set forth the
specific date and time period for which the exception to the parking requirements of this
article will be allowed, and additional conditions that the Mayor may deem necessary. No such
exception shall be for a period of more than 12 hours.
527.03LOUD AND UNNECESSARY NOISES PROHIBITED.No person shall make, continue or cause to be made
or continued, any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within
the Town.527.04 CERTAIN LOUD AND DISTURBING NOISES ENUMERATED.The following acts are declared
to be loud, disturbing and unnecessary noises in violation of Section 527.03, but such
enumeration shall not be deemed to be exclusive, namely:(a) Animals and Birds. The keeping
of any animal or bird by causing frequent or long continued noise shall disturb the comfort or
repose of any persons in the vicinity.(b) Defect in Vehicle or Load. The use of any
automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.(c) Domestic Power
Tools. Operating or permitting the operation of any mechanically powered saw, sander, drill,
grinder, lawn or garden tool, snowblower, small power equipment, or similar device used
outdoors in residential areas between the hours of 9:00 p.m. and 8:00 a.m. the following day so
as to cause a noise disturbance across a residential real property boundary.(d) Drums. The use
of any drum or other instrument or device for the purpose of attracting attention by creation
of noise to any performance, show or sale.(e) Engine-Repair and Testing. It shall be unlawful
for any person to repair, rebuild or test any engine so as to create a noise disturbance.(f)
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor boat or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.(g) Horns or
Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street or public place of the Town, except as a danger warning; the
creation by means of any such signaling device of any unreasonable loud or harsh sound; the
sounding of any such device for an unnecessary and unreasonable period of time; the use of any
signaling device except one operated by hand or electricity; the use of any horn, whistle or
other device operated by engine exhaust; and the use of any signaling device when traffic is
for any reason held up.(h) Loudspeakers/Public Address System.(1) Using or operating for
any noncommercial purpose any loudspeaker, public address system, or similar device between the
hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates as
noise disturbance across a residential real property boundary or within a noise sensitive
zone.(2) Using or operating for any commercial purpose any loudspeaker, public address
system, or similar device:A. Such that the sound therefrom creates a noise disturbance
acrossa real property boundary or within a noise sensitive zone; orB. Between the hours of
8:00 p.m. and 10:00 a.m. the following dayon a public right-of-way or public space.(i) Radios.
Musical Instruments and Similar Devices. Operating, playing or permitting the operation or
playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or
similar device which produces, reproduces, or amplifies sound:(1) Between the hours of
11:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance
across a real property boundary or within a noise sensitive zone (except for activities open to
the public and for which a permit has been issued by "appropriate authority" according to
criteria set forth in Article 315);(2) In such a manner as to create a noise disturbance at 50
feet from such device, when operated in or on a motor vehicle on a public right-of-way or
public space, or in a boat on public waters; or,(3) In such a manner as to create a noise
disturbance to any person other than the operator of the device, when operated by any passenger
on a common carrier.(j) Yelling and Shouting. Yelling, shouting, whistling, hooting, or
generally creating a racket on public rights of way or public spaces between the hours of 8:00
p.m. and 10:00 a.m. the following day so as to annoy or disturb the quiet, comfort or repose of
persons in any business or residence, or of any person in the vicinity.(k) Engine Brakes and
Compression Brakes. The use of any engine brake, compression brake or mechanical brake which is
activated or operated by the compression of a motor vehicle is prohibited within the Town
limits. Emergency response vehicles shall be exempted from the foregoing prohibition.
527.05MEASUREMENT AND CONTROL OF NOISE.(a) Noise Prohibited. No person shall make,
continue or cause to be made or continued any noise in excess of the noise levels set forth
herein unless such noise be reasonably necessary to the preservation of life, health, safety or
property.(b) Measurement and Control. It shall be unlawful for any person to cause a sound
from a stationary source which exceeds any sound level as set forth in the applicable column in
the following table titled "Maximum Permissible Sound Levels" when measured at any point within
any other property affected by the sound. Measurement shall be made by a duly authorized
individual who is knowledgeable in the proper use of the measurement equipment. Measurement
shall be made in slow response, A-weighting, except in the case of impulsive sound which shall
be measured with an impulsive sound level meter, ANSI SI.4-1971. Octave band measurements,
where noted, shall be made with an octave band analyzer.
529.01ASSAULT AND BATTERY.(a) Assault. No person shall unlawfully attempt to
commit a violent injury to the person of another or unlawfully commit an act which places
another in reasonable apprehension of immediately receiving a violent injury.Battery. No person
shall unlawfully and intentionally make physical contact of an insulting or provoking nature
with the person of another or unlawfully and intentionally cause physical harm to another
person
529.02ASSAULT AND BATTERY ON SCHOOL EMPLOYEES.(a) No person shall commit an assault:(1)
By unlawfully attempting to commit a violent injury to the person of a school employee while he
or she is engaged in the performance of his or her duties, is commuting to or from his or her
place of employment or if the motive for the assault is retaliation for some action taken by
the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-
5-1 or la; or(2) By unlawfully committing an act which places a school employee in
reasonable apprehension of immediately receiving a violent injury while the employee is engaged
in the performance of his or her duties, is commuting to or from his or her place of employment
or if the motive for the assault is retaliation for some action taken by the employee to
supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or la.(b)
No person shall commit a battery:(1) By unlawfully and intentionally making physical contact
of an insulting or provoking nature with the person of a school employee while he or she is
engaged in the performance of his or her duties, is commuting to or from his or her place of
employment or if the motive for the battery is retaliation for some action taken by the
employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1
or la; orBy unlawfully and intentionally causing physical harm to a school employee while he or
she is engaged in the performance of his or her duties, is commuting to or from his or her
place of employment or if the motive for the battery is retaliation for some action taken by
the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-
5-1 or la.(c) For the purposes of this section, "school employee" means a person employed by a
county board of education whether employed on a regular full-time basis, an hourly basis or
otherwise. For the purposes of this section, a "school employee" includes a student
teacher.
529.04ASSAULT AND BATTERY ON A POLICE OFFICER.No person shall commit an assault or an assault and
battery or aid and abet the same upon a Town police officer acting in the line of duty.
531.01OBSTRUCTING RAILROAD CROSSINGS.(a) Definitions. As used in this section:(1)
"Carrier," "railroad" or "railroad company" means a common carrier by railroad.(2) "Train"
or "trains" means engines, cars and any type of railroad equipment or rolling stock, or any
part thereof, capable of blocking any crossing of a railroad track or tracks and any public
street, road or highway.(b) Blocking of Crossing Prohibited: Time Limit.(1) No railroad
company, except in an emergency, shall order, allow or permit the operation of or operate its
system so that a train blocks the passage of vehicular traffic over the railroad crossing of
any public street, road or highway for a period longer than ten minutes. This subsection does
not apply to an obstruction of any such street, road or highway caused by a continuously moving
train or caused by circumstances wholly beyond the control of the railroad, but does apply to
all other obstructions as aforesaid, including, but not limited to, those caused by a stopped
train or a train engaged in switching, loading or unloading operations.Upon receiving
notification from a law-enforcement officer, member of a fire department, operator of an
emergency medical vehicle, or a member of an emergency services provider that emergency
circumstances require the immediate clearing of a public highway railroad grade crossing, the
members of the train crew of the train, railroad car or equipment, or engine blocking such
crossing shall immediately notify the appropriate railroad dispatcher of the pending emergency
situation. Upon receipt of notice of such emergency circumstances by the train crew or
dispatcher, the railroad shall immediately clear the crossing, consistent with the safe
operation of the train. Responsibility of Railroad Company. The railroad company shall be
solely responsible for the acts of its agents and employees in violating any provision of this
section. Presumption. There shall be a rebuttable presumption that a train is operated by the
carrier whose marks, numbers, signs and symbols of identification appear on the engine or
caboose of such train. Service of Process. Process issuing for a violation of this section may
be served upon the engineer or conductor of the train causing a violation of the provisions of
this section or any other officer, agent or attorney-in-fact of the railroad company authorized
by law to receive service of summons or other process issuing against such railroad
company.
531.02TRESPASSING.No person not a passenger or employee, shall be
found trespassing upon any railroad or traction car or train of any railroad, by jumping on or
off any car or train in motion, on its arrival at or departure from any station or depot of
such railroad, or on the passage of any such car or train over any part of such railroad; nor
shall any person drive any horse or any horse-drawn or motor-driven vehicle across or upon any
railroad track or bridge, except at public or private crossings.
533.01SHOPLIFTING.(a) General Definitions.(1) "Card-not-
present credit or debit transaction" means a credit or debit sale of merchandise by telephone,
mail order, internet or other means that does not require the cardholder's signature or
physical presentation of the credit or debit card to the merchant.(2) "Conceal" means to
hide, hold or carry merchandise so that, although there may be some notice of its presence, it
is not visible through ordinary observation.(3) "Merchant" means an owner or operator of any
mercantile establishment, and includes the merchant's employees, servants, security agents or
other agents.(4) "Mercantile establishment" means any place where merchandise is
displayed, held or offered for sale, either at retail or wholesale. "Mercantile establishment"
does not include adjoining parking lots or adjoining areas of common use with other
establishments.(5) "Merchandise" means any goods, foodstuffs, wares or personal property
or any part or portion thereof of any type or description displayed, held or offered for sale,
or a shopping cart.(6) "Value of the merchandise" means the merchant's stated price of the
merchandise, or in the event of altering, transferring or removing a price marking or causing a
cash register or other sales device to reflect less than the retail value of the merchandise,
as defined in subsection (b) hereof, the difference between the merchant's stated price of the
merchandise and the altered price. (WVaC 61-3A-6)(b) Shoplifting Defined.(1) A person
commits the offense of shoplifting if, with intent to appropriatemerchandise without paying the
merchant's stated price for themerchandise, such person, alone or in concert with another
person,knowingly:A. Conceals the merchandise upon his or her person or in anothermanner;
orB. Removes or causes the removal of merchandise from the mercantileestablishment or beyond
the last station for payment; orC. Alters, transfers or removes any price marking affixed
to themerchandise; orD. Transfers the merchandise from one container to another; orE. Causes
cash register or other sales recording device to reflect lessthan the merchant's stated price
for the merchandise; orF. Removes a shopping cart from the premises of the
mercantileestablishment.G. Repudiates a card-not-present credit or debit transaction after
havingtaken delivery of merchandise ordered from the merchant and doesnot return the
merchandise or attempt to make other arrangementswith the vendor.(2) A person also commits
the offense of shoplifting if such person, alone orin concert with another person, knowingly
and with intent obtains anexchange or refund or attempts to obtain an exchange or refund
formerchandise which has not been purchased from the mercantileestablishment.(c) Breach
of Peace: Detention. An act of shoplifting as defined herein, is herebydeclared to constitute a
breach of peace and any owner of merchandise, his agent or employee, or any law enforcement
officer who has reasonable ground to believe that a person has committed shoplifting, may
detain such person in a reasonable manner and for a reasonable length of time not to exceed
thirty minutes, for the purpose of investigating whether or not such person has committed or
attempted to commit shoplifting. Such reasonable detention shall not constitute an arrest nor
shall it render the owner of merchandise, his agent or employee, liable to the
persondetained.
533.02TRESPASS.(a) Definitions. As used in this
section:"Structure" means any building of any kind either temporary or permanent, which has a
roof over it, together with the curtilage thereof."Conveyance" means any motor vehicle, vessel,
railroad car, railroad engine, trailer, aircraft or sleeping car, and "to enter a conveyance"
includes taking apart any portion of the conveyance.An act is committed "in the course of
committing" if it occurs in an attempt to commit the offense or in flight after the attempt or
commission."Posted land" means that land upon which reasonably maintained signs are placed not
more than 500 feet apart along and at each corner of the boundaries of the land upon which
signs there appears prominently in letters of not less than two inches in height the words "no
trespassing" and in addition thereto the name of the owner, lessee or occupant of the land. The
signs shall be placed along the boundary line of posted land in a manner and in a position as
to be clearly noticeable from outside of the boundary line. It shall not be necessary to give
notice by posting on any enclosed land or place not exceeding five acres in area on which there
is a dwelling house or property that by its nature and use is obviously private in order to
obtain the benefits of this section pertaining to trespass on enclosed lands.(1)
"Cultivated land" means that land which has been cleared of its natural vegetation and is
presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a
crop rotation.(2) "Fenced land" means that land which has been enclosed by a fence of
substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire,
other wire or other material, which stands at least three feet in height. For the purpose of
this section it shall not be necessary to fence any boundary or part of a boundary of any land
which is formed by water and is posted with signs pursuant to the provisions of this section.
(3) Where lands are posted, cultivated or fenced as described herein, then such lands, for
the purpose of this section, shall be considered as enclosed and posted.(4) "Trespass"
means the willful unauthorized entry upon, in or under the property of another, but shall not
include the following:A. Entry by the State, its political subdivisions or by the
officers,agencies or instrumentalities thereof as authorized and provided bylaw.B. The
exercise of rights in, under or upon property by virtue of rightsof way or easements by a
public utility or other person owning suchright of way or easement whether by written or
prescriptive right.C. Permissive entry, whether written or oral, and entry from a publicroad
by the established private ways to reach a residence for thepurpose of seeking permission shall
not be trespass unless signs areposted prohibiting such entry.D. Entry performed in the
exercise of a property right under ownershipof an interest in, under or upon such property.E.
Entry where no physical damage is done to property in theperformance of surveying to ascertain
property boundaries, and inthe performance of necessary work of construction, maintenanceand
repair of a common property line fence, or buildings orappurtenances which are immediately
adjacent to the property lineand maintenance of which necessitates entry upon the
adjoiningowner's property.(b) Trespass in Structure or Conveyance. Any person who knowingly
enters in, uponor under a structure or conveyance without being authorized, licensed or
invited, or having been authorized, licensed or invited is requested to depart by the owner,
tenant or the agent of such owner or tenant, and refuses to do so, shall be fined not more than
one hundred dollars ($100.00).If the offender is armed with a firearm or other dangerous weapon
while in the structure or conveyance, with the unlawful and felonious intent to do bodily
injury to a human being in such structure or conveyance at the time the offender knowingly
trespasses, such offender shall, notwithstanding the provisions of West Virginia Code 61-7-1,
be subject to the penalty of a fine not more than five hundred dollars ($500.00) or imprisoned
not more than thirty days, or both.(c) Trespass on Property Other Than Structure or
Conveyance.(1) Whoever knowingly and without being authorized, licensed or invited, enters or
remains on any property, other than a structure or conveyance, as to which notice against
entering or remaining is either given by actual communication to such person or by posting,
fencing or cultivation, shall be fined not more than one hundred dollars ($100.00).(2) If the
offender defies an order to leave, personally communicated to him by the owner, tenant or agent
of such owner or tenant, or if the offender opens any door, fence or gate, and thereby exposes
animals, crops or other property to waste, destruction or freedom, or causes any damage to
property by such trespassing on property other than a structure or conveyance, he shall be
subject to the penalty provided in Section 501.99(a).(3) If the offender is armed with a
firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to
a human being during his commission of the offense of trespass on property other than a
structure or conveyance, such offender shall, notwithstanding the provisions of West Virginia
Code 61-7-1, be imprisoned not more than thirty days, or fined not more than one hundred
dollars ($100.00), or both.(4) Notwithstanding and in addition to any other penalties provided
by law, any person who performs or causes damage to property in the course of a willful
trespass shall be liable to the property owner in the amount of twice the amount of such
damage, provided, that the provisions of this section shall not apply in a labor dispute.
533.03INJURY OR DESTRUCTION OF PROPERTY OR MONUMENTS.(a) No person shall unlawfully, but not
feloniously, take and carry away or destroy, tamper with, injure or deface any property, real
or personal, not his own.No person shall break down, destroy, injure, deface, or remove any
monument erected for the purpose of designating the boundaries of the Municipality, tract or
lot of land, or any tree marked for that purpose
533.04PETIT LARCENY.No person shall commit petit larceny within the
Town. If any person commits simple larceny of goods or chattels by stealing, taking or carrying
away the property of another person, of the value of less than one thousand dollars ($1,000),
such person shall be guilty of a misdemeanor, designated as petit larceny, and shall be fined
not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or
both.
533.05DEALING WITH STOLEN GOODS.If any person buys or receives from another person,
or aids in concealing, or transfers to a person other than the owner thereof, any stolen goods
or other thing of valuewhich he knows or has reason to believe has been stolen, he shall be
deemed guilty of the larceny thereof and may be prosecuted although the principal offender is
not convicted.
533.06CEMETERIES.(a) No person shall willfully or maliciously
destroy, mutilate, deface, injure or remove any tomb, monument, grave stone or other structure
placed within any cemetery or graveyard within the Town or any part of any fence or enclosure,
or willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant
therein.(b) No person visiting any cemetery or graveyard within the Town shall pluck from
any bush any rose, flower or evergreen, so as to mar or destroy its beauty, or take or carry
off any flower nourished and grown within any cemetery or graveyard on bushes planted for
ornamental purposes within such cemetery or graveyard.
533.08INJURING OR DESTROYING TREES.(a) No person shall willfully cut, mark, injure,
disfigure or destroy any shade or ornamental tree growing in the public grounds, streets,
alleys or sidewalks of the Town, unless so ordered or permission to do so is granted by the
Mayor or his designee.(b) No person shall injure, deface or destroy, or post or fasten
any bill or advertisement to any tree or any pole erected for utility purposes.
533.09UNAUTHORIZED USE OF DUMPSTERS.Any person who without authorization dumps garbage
or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other
solid waste container which is located in the Town on the property of another person and leased
or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon
conviction thereof, shall be punished in accordance with subsection (b) hereof. The act of
throwing isolated objects into a dumpster or other solid waste container in the prevention or
elimination of litter is specifically excepted from any penalties under this section
545.02CARRYING CONCEALED DEADLY WEAPONS WITHOUT LICENSE.(a) No person shall carry a concealed deadly
weapon, without a State license or other lawful authorization established under the provisions
of West Virginia Code 61-7-4 et seq.
545.03EXCEPTIONS AS TO PROHIBITIONS AGAINST CARRYINGCONCEALED DEADLY WEAPONS.The licensure provisions set forth in West Virginia
Code Article 61-7 shall not apply to:(a) Any person carrying a deadly weapon upon his
own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded,
from the place of purchase to his or her home, residence or place of business or to a place of
repair and back to his or her home, residence or place of business, nor shall anything herein
prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling
from his or her home, residence or place of business to a hunting site, and returning to his or
her home, residence or place of business;(b) Any person who is a member of a properly
organized target-shooting club authorized by law to obtain firearms by purchase or requisition
from the State, or from the United States for the purpose of target practice, from carrying any
pistol, as defined in Section 545.01(g), unloaded, from his home, residence or place of
business to a place of target practice, and from any such place of target practice back to his
home, residence or place of business, for using any such weapon at such place of target
practice in training and improving his skill in the use of such weapons;(c) Any law-
enforcement officer or law-enforcement official as such are defined in West Virginia Code 30-
29-1;(d) Any employee of the West Virginia Department of Corrections duly appointed
pursuant to the provisions of West Virginia Code 28-5-5 while such employee is on duty;(e)
Any member of the armed forces of the United States or the militia of the State while such
member is on duty;(f) Any circuit judge, including any retired circuit judge designated
senior status by the supreme court of appeals of West Virginia, prosecuting attorney, assistant
prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
Any resident of another state who has been issued a license to carry a concealedweapon by a
state or a political subdivision which has entered into a reciprocityagreement with this
State.(h) Any federal law-enforcement officer or federal police officer authorized to
carrya weapon in the performance of the officer's duty.
545.04PERSONS PROHIBITED FROM POSSESSION OF FIREARMS.(a) Except as provided for in this section, no
person shall possess a firearm such as isdefined in Section 545.01 who:(1) Has been
convicted in any court of a crime punishable by imprisonment for a term exceeding one year;(2)
Is addicted to alcohol;(3) Is an unlawful user of or addicted to any controlled
substance;(4) Has been adjudicated as a mental defective or who has been involuntarily
committed to a mental institution;(5) Being an alien is illegally or unlawfully in the United
States;(6) Has been discharged from the armed forces under dishonorable conditions;(7)
Is subject to a domestic violence protective order that:A. Was issued after a hearing of
which such person received actualnotice and at which such person had an opportunity to
participate;B. Restrains such person from harassing, stalking or threatening anintimate
partner of such person or child of such intimate partner orperson, or engaging in other conduct
that would place an intimatepartner in reasonable fear of bodily injury to the partner or
child;andC. 1. Includes a finding that such person represents a crediblethreat to the
physical safety of such intimate partner or child; or 2. By its terms explicitly
prohibits the use, attempted use or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause bodily injury; or 3. Has
been convicted in any court of a misdemeanor crime of domesticviolence.
545.05POSSESSION OF DEADLY WEAPONS BY MINORS PROHIBITED.(a) Notwithstanding any other provision of this
article to the contrary, a person under the age of eighteen years who is not married or
otherwise emancipated shall not possess or carry concealed or openly any deadly weapon:
provided, that a minor may possess a firearm upon premises owned by such minor or his family or
on the premises of another with the permission of his or her parent or guardian and in the case
of property other than his or her own or that of his family, with the permission of the owner
or lessee of such property. Nothing in this section shall prohibit a minor from possessing a
firearm while hunting in a lawful manner or while traveling from a place where he or she may
lawfully possess a deadly weapon, to a hunting site, and returning to a place where he or she
may lawfully possess such weapon.
545.07DISPLAY OR SALE OF DEADLY WEAPONS.No person shall publicly display and offer for rent
or sale, or, where the person is other than a natural person, knowingly permit an employee
thereof to publicly display and offer for rent or sale, to any passersby on any street, road or
alley, any deadly weapon, machine gun, submachine gun or other fully automatic weapon, any
rifle, shotgun or ammunition for same.
545.08BRANDISHING DEADLY WEAPONS.No person armed with a firearm or other deadly
weapon, whether licensed to carry the same or not, shall carry, brandish or use such weapon in
a way or manner to cause, or threaten, a breach of the peace
545.11DISCHARGING FIREARMS.(a) No person shall discharge any air gun, rifle,
shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.(b)
This section does not apply when firearms are used in self defense, in the discharge of
official duty or when otherwise lawfully authorized.
545.12THROWING OR SHOOTING MISSILES.No person shall throw, shoot or propel an arrow,
missile, pellet, stone, metal or other similar substance capable of causing physical harm to
persons or property, in or on any public place, in or on the property of another, or from any
private property into or onto any public place or the property of another. This section does
not apply to supervised archery ranges or instruction nor when otherwise lawfully
authorized.
545.15SALE TO INTOXICATED PERSONS; MINORS.No person or dealer licensed under this article
shall sell, loan, or furnish any of the dangerous or deadly weapons mentioned and described in
this article to any person under the influence of alcohol, or any narcotic drug, stimulant or
depressant, or to any person in a condition of agitation and excitability, or to a minor under
the age of eighteen years or to an unnaturalized person.
545.16SWITCH-BLADE KNIVES.No person shall have in his possession, wear under
his clothing or conceal about his person, or display in a threatening manner any knife commonly
called "switchblade" having the appearance of a pocket knife, the blade of which can be opened
by a flick of a button, pressure on the handle or other mechanical device. Such knife is hereby
declared to be a dangerous and deadly weapon and shall be subject to forfeiture to the Town as
provided by Section 545.17.
545.17FORFEITURE OF WEAPONS INVOLVED IN VIOLATIONOF ARTICLE.Whoever is convicted of violating this article shall
forfeit to the Town any dangerous or deadly weapon involved in or constituting such violation.
Every police officer, upon making any arrest and taking a weapon used in a violation of this
article, shall deliver the same to the Police Judge to be held by him until the final
determination of the prosecution for such offense, and upon a finding of guilt it shall then be
the duty of the Police Judge to deliver such weapon forthwith to the Chief of Police, who shall
make proper disposition of the same by destruction or otherwise.
|
City Warrant Generator
