Bill Text: WV SB39 | 2016 | Regular Session | Introduced
Bill Title: Regulating off-road motorcycles within Hatfield-McCoy Recreation Area
Spectrum: Bipartisan Bill
Status: (Passed) 2016-05-13 - Chapter 8, Acts, Regular Session, 2016 [SB39 Detail]
Download: West_Virginia-2016-SB39-Introduced.html
WEST virginia legislature
2016 regular session
Introduced
Senate Bill 39
By Senators Stollings and Gaunch
[Introduced January 13,
2016;
Referred to the Committee on Natural Resources; and then to the Committee on
the Judiciary.]
A BILL to amend and reenact §17F-1-3 of the Code of West Virginia, 1931, as amended, relating to authorization and regulation of unlicensed off-road motorcycles upon public streets, roads and highways by municipalities and counties within the Hatfield-McCoy Recreation Area.
Be it enacted by the Legislature of West Virginia:
That §17F-1-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
(2) Homeowner associations
may petition the county commission of the county in which the area regulated by
the homeowner association is located for an ordinance to regulate or prohibit
the operation of all-terrain vehicles upon any street, road or avenue within
the area regulated by the homeowner association. County commissions are
hereby authorized may, upon receipt of a petition authorized by the
provisions of this section, to enact an ordinance regulating or
prohibiting the operation of all-terrain vehicles.
(3) The county commission of any county which has in effect and is operating under a countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the operation of all-terrain vehicles on any road in the county, except interstate highways: Provided, That any county which enacts any such ordinance shall notify the West Virginia State Police and all law-enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
(4) The governing body of a municipality located within a county participating in the Hatfield-McCoy recreational trail project may regulate in any manner the use of unlicensed off-road motorcycles operated in compliance with legislative rules promulgated by the Hatfield-McCoy Regional Recreation Authority upon any street, road or avenue within the municipal corporate limits.
(5) The county commission of a county participating in the Hatfield-McCoy recreational trail project may regulate in any manner the use of unlicensed off-road motorcycles operated in compliance with legislative rules promulgated by the Hatfield-McCoy Regional Recreation Authority when traveling to and from a Hatfield-McCoy trailhead to a place for fuel, service, food or lodging on any road in the county, except interstate highways: Provided, That any county which enacts any such ordinance shall notify the West Virginia State Police and all law-enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
NOTE: The purpose of this bill is to authorize the regulation of unlicensed off road motorcycles upon public streets, roads and highways by municipalities and counties within the Hatfield-McCoy recreation area. The current code allows cities and counties to permit and regulate all-terrain vehicles upon public streets, roads and highways, but not unlicensed off-road motorcycles. The amendment would allow municipalities and counties within the Hatfield McCoy recreation area to permit and regulate unlicensed off-road motorcycles upon public streets, roads and highways, but only if they are properly permitted by the Hatfield-McCoy Regional Recreation Authority.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
