H. B. 4654
(By Delegates Manuel and Tabb)
[Introduced February 26, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §6-3-8, relating to
authorizing the sheriff and any deputy sheriff of a county to
enforce traffic laws within homeowners' association or
subdivision property, upon receipt of a petition by the
homeowners' association or subdivision; to authorize a civil
penalty only with no points assessed against a persons
driver's license; and directing the proceeds from enforcement
to the county's parks and recreation commission.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §6-3-8, to read as
follows:
ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.
§6-3-8.
Authority to enforce traffic laws of homeowners'
association or subdivision property upon receipt of
petition; civil penalty only; proceeds to county parks and recreation commission.
Upon petition by a homeowners' association or subdivision, the
sheriff and any deputy sheriff of a county, may enforce any traffic
law violation provided in this code within the property of a
homeowners' association or subdivision, by using any means
customary for monitoring traffic violations:
Provided, That the
appropriate signage has been erected by the division of highways
providing proper notice.
Any person in violation of this section shall receive a civil
fine only and may not receive any jail time or points against his
or her drivers' license. Any civil fines collected pursuant to
this section shall be deposited with each counties' parks and
recreation commission to be used to improve, develop, administer,
operate and maintain a county public parks and recreation system in
accordance with article eleven, chapter seven of this code.
NOTE: The purpose of this bill is to
authorize the sheriff
and any deputy of a county to enforce traffic laws within a
homeowners' association or subdivision property, upon receipt of a
petition by the homeowners' association or subdivision; to
authorize a civil penalty only with no points assessed against a
persons driver's license; and to direct the proceeds from
enforcement to the county's parks and recreation commission.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
