Senate Bill No. 561
(By Senator Snyder)
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[Introduced February 18, 2004; referred to the Committee on
Transportation; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §7-1-3s of the code of West Virginia,
1931, as amended, relating to authorizing county commissions
to regulate, under certain circumstances, the operation of
all-terrain vehicles.
Be it enacted by the Legislature of West Virginia:
That §7-1-3s of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3s. Authority to govern traffic and parking; rules;
penalties.
(a) County
courts commissions are hereby authorized to
promulgate rules
and regulations, in accordance with the provisions
of chapter twenty-nine-a of this code, governing: (1) The
movement, regulation or control of vehicular or pedestrian traffic
on property owned
by or leased by
such the county
courts
commissions; or (2) the regulation or control of vehicular parking on
such that property. It shall be unlawful for any person to
violate any
such rule or regulation if a sign or marker giving
reasonable notice of
such the rule or regulation is conspicuously
posted or present. The content of
any such the sign shall be
sufficient if it merely gives notice of what is or is not permitted
such as like "no parking," "no left turn," "twenty miles per hour,"
etc.
(b) It is further hereby provided that any person violating
any
such rule or regulation shall be guilty of a misdemeanor and,
upon conviction thereof, shall, unless another penalty be otherwise
prescribed, be fined not less than five dollars nor more than
twenty-five dollars for each offense.
Justices of the peace
Magistrates of the county in which the violation occurs shall have
jurisdiction of any
such offense, and where the violation occurs
within the corporate limits of a municipality, the mayor's court or
police or municipal court of
such that municipality shall have
jurisdiction thereof, concurrent with the
justices of the peace
magistrates of the county in which
such the municipality or the
major portion of the territory thereof is located.
(c) County Commissions are further authorized to regulate and
prohibit the operation of all-terrain vehicles upon any street,
road or right-of-way, as well as on any county owned, leased or
controlled property, but not within a municipality, with penalties
as prescribed in subsection (b) of this section.
NOTE: The purpose of this bill is to authorize county
commissions to regulate all-terrain vehicles within certain areas
of the counties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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