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14-2.1 Definitions
14-2.2 Prohibited conditions
14-2.3 Compliance Required
14-2.4 Applicability of city and state traffic laws
14-2.5 Associated Equipment
14-2.6 Penalties
14-2.7 Liability
14-2.8 Invalid Provisions and Inconsistent Ordinances
14-2.9 Effective Date
14-2.1 Definitions
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a- "personally propelled rider vehicle" includes any type of vehicle, (wheelchairs and utilitarian vehicles exempted), whether motor driven or propelled by individual effort and contains one, two (2), three (3) or four (4) wheels, or any coaster, or sled, or toy vehicle. WV Code, § 17C-11-1(c).
14-2.2 Prohibited conditions
a- No person riding upon any bicycle, skateboard, roller skates, or other personally propelled vehicle shall attach said device or such person's self to any vehicle upon a roadway. WV Code, § 17C-114.
b- No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebar. WV Code, § 17C-11-6
c- A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
d- No bicycle shall be used to carry more passengers at one time than the number for which it is designed and equipped. WV Code 17C-11-3.
14-2.3 Compliance Required
a- It shall be unlawful for any person to do any act forbidden or fail to perform any act required in this article.
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 article. WV Code, § 17C-11-1(a), (b).
14-2.4 Applicability of city and state traffic laws
a- Every person propelling or riding a bicycle upon a public roadway shall be subject to the provisions of this Code and other ordinances and state laws applicable to the operator of any vehicle, except those provisions with reference to equipment of a vehicle other than a bicycle and except those provisions which by their nature would have no application or which are otherwise covered by special regulations in this article. WV Code, § 17C-11-2.
b- 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. WV Code, § 17C-11-5(c).
c- Every person operating a bicycle upon a roadway shall ride as near to the right side of a roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
d- Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. WV. Code, § 17C-11-5(a), (b).
e- No person shall ride a bicycle, skateboard, roller skates, or other personally propelled vehicle, except wheelchairs, on any public sidewalk within the municipal limits of the Town of West Union. No person shall ride a skateboard on any streets within the municipal limits of the Town of West Union.
f- No person shall ride a bicycle, skateboard, roller skates, or other personally propelled vehicles on any pedestrian pathway or fitness trail or other pathways designed primarily for use by pedestrians.
g- Upon the apprehension and citation of a person violating this section the police shall have the authority to immediately impound the vehicle, skateboard, roller skates or other personally propelled vehicle pending disposition by the municipal judge.
14-2.5 Associated Equipment
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 five hundred (500) feet to the front and with a red reflector on the rear which shall be visible from all distances from fifty (50) feet to three hundred (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 five hundred (500) feet to the rear may be used in addition to the red reflector. WV Code, § 17C-11-7(a).
b- The lights required in this article shall be kept lighted from one-half ( 1/2) hour after sunset until one-half ( 1/2) hour before sunrise on every bicycle while operated on any street; provided, that the state laws governing lights on vehicles shall apply whenever applicable within the city. WV Code, § 17C-15-2
c- No person shall operate a bicycle within the boundaries of the Town of West Union unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle.
d- Any person under fifteen years of age must wear a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet. WV Code 17C-11A-4
e- It is unlawful for any parent or legal guardian of a person under fifteen years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, securely fasted with bicycle straps. WV Code 17C-11A-4(b)
f- Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
14-2.6 Penalties
a- It shall be a misdemeanor for any person to violate the provisions of this section and every person convicted of a misdemeanor for violation of this section shall, for a first conviction thereof, be punished by a fine of not more than fifty dollars ($50.00) and impoundment of the bicycle, skateboard, roller skates, or other personally propelled vehicle for three (3) months; for a second such conviction within six (6) months thereafter, such person shall be punished by fine of not more
than one hundred dollars ($100.00); and upon a third or subsequent conviction, such person shall be punished by fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or both such fine and imprisonment.
b- On the impoundment of any bicycle, skateboard, roller skates, or other personally propelled vehicle, said vehicle shall not be released from impoundment unless to the custody of the parent or guardian of any child or ward below the age of eighteen (18) years at the discretion of the municipal judge.
14-2.8 Invalid Provisions and Inconsistent Ordinances
The provisions of this Ordinance are severable, and in the event that any provision or part thereof 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 or parts of this Ordinance not specifically held to be invalid. It is hereby declared to be the intent of the Town of West Union that this Ordinance would have been adopted if any such invalid provision or part hereof had not been included herein.
All other ordinances or parts of ordinances in conflict with provisions herein are hereby repealed.
14-2.9 Effective Date
This Ordinance shall be deemed effective thirty (30) days following the second (2nd) reading, passage and adoption by the Council of the Town of West Union. (Passed: September 4, 2007. Adopted October 2, 2007.
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