Legal 3 col x 8-1/4”
1031
AN ORDINANCE REGULATING THE USE OF ATV’S, UTV’S, AND UNLICENSED
OFF-ROAD MOTORCYCLES WITHIN THE TOWN OF CLAY
WHEREAS, the Town of Clay is establishing a conjunction of TRAILHEADS.
WHEREAS, pursuant to Chapter 17F, Article 1, Section 3 of the Code of West Virginia, municipalities are granted the authority to regulate in any manner or prohibit, by a lawfully enacted ordinance, the operation of all-terrain vehicles, utility terrain vehicles, and unlicensed off-road motorcycles; and
WHEREAS, the Town of Clay finds it to be in the public interest to regulate the use of ATV’s, UTV’s, and unlicensed off-road motorcycles so as to promote the economic development surrounding the Town of Clay trail project, but at the same time, to protect the citizens of Clay and the traveling public from the unsafe operation of such machines, and to promote the general welfare of the community.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN OF CLAY, that the Town hereby adopts the following rules for the operation of ATV’s, UTV’s, and unlicensed off-road motorcycles:
1. The Town may prohibit ATV, UTV, and unlicensed off-road motorcycle traffic on any street within the
corporate limits by clearly marking that the street is closed to such traffic, except as necessary to travel to
or from a place of lodging or residence.
2. Unless otherwise marked, pursuant to the proceeding section, all city streets with less than four (4) lanes of travel are open to ATV, UTV, and unlicensed off-road motorcycle use as provided herein.
3. The use of ATV’s, UTV’s, and unlicensed off-road motorcycles upon city streets shall be limited to travel
between a place of residence or lodging and legal access to off-road trails, fields, and areas of operation,
include stops for food, fuel, supplies and rest rooms.
4. All ATV’s, UTV’s and unlicensed off-road motorcycle shall obey the posted speed limit or 25 miles per
hour, whichever is less.
5. No ATV, UTV, or unlicensed off-road motorcycle may be operated at any time between dusk and dawn
without the approved permit.
6. No ATV, UTV, or unlicensed motorcycle may be operated with a passenger unless passengers are allowed
under manufacturers’ specifications.
7. No ATV, UTV, or unlicensed off-road motorcycle with a passenger under the age of eighteen (18), unless
the operator has at minimum a level two (2) intermediate driver’s license or its equivalent or is eighteen
(18) years of age or older.
8. No ATV, UTV, or unlicensed off-road motorcycle unless all operators and passengers are wearing size
appropriate helmets that meet the current performance specifications established by the American
National Standards Institute, Standard 290.1, the United States Department of Transportation Federal
Motor Vehicle Safety Standard Number 218, or SNELL safety standards for protective head gear for
vehicle users.
9. No ATV, UTV, or unlicensed off-road motorcycle without a manufacturer installed or equivalent spark
arrestor and a manufacturer installed or equivalent muffler in proper working order and properly
connected to the vehicle’s exhaust system.
10. Every person operating or riding as a passenger on an ATV, UTV, or unlicensed off-road motorcycle who
is under sixteen (16) years of age shall at the time be under the immediate supervision of, and within
sight of, a person’ who is at least eighteen (18) years of age and who either is a parent or guardian of that
youth, or has the express written permission of a parent or guardian to supervise the youth. No parent,
guardian or supervising adult may allow a child under the age of sixteen (16) years to leave that person’s
sight and supervision.
11. Every person operating an ATV, UTV or unlicensed off-road motorcycle, shall be subject to all of the
duties applicable to the driver of a motor vehicle by the provisions of Chapter 17C of the West Virginia
Code except where inconsistent with the provisions of this article and except as to those provisions of
Chapter 17C, which by their nature can have no applications and may not operate a motor vehicle in
violation of those duties.
12. A person may not operate or ride a UTV or any other motor vehicle with a bench or bucket seating and a
steering wheel for control unless equipped with seat belts meeting at a minimum federal motor vehicle
safety standards and properly worn by the driver and all passengers.
13. All UTV’s are restricted to only allowing the amount of people that seat belts are provided for from the
factory. The beds are not to be used to transport passengers.
14. No glass containers allowed being in possession of any sorts.
15. While in city limits stereos are to be unused.
16. No ATV’s, UTV’s or off-road motorcycles are to enter a river or stream within city limits.
17. ATV’s, UTV’s, and off-road motorcycles will ride single file and not side by side.
18. All ATV’s, UTV’s, and off-road motorcycles will display a current annual permit in clear view, or a copy
of weekend permit.
19. All ATV’s, UTV’s, and off-road motorcycles will yield ride away to any other vehicles and pedestrians.
20. A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than One Hundred Dollars ($100).
21. Any provisions or changes will be approved by the mayor and appropriate council.
22. Youth riders must take an approved ATV class prior to ride in city limits.
23. The ATV, UTV, and unlicensed motorcycle must be insured.
Mayor Recorder Date