Ordinance No. 2020-___

AN ORDINANCE AMENDING ARTICLE 301 OF THE TRAFFIC CODE PROVIDING DEFINITIONS OF TERMS

The City of Morgantown hereby ordains that Article 301 of the City Code is amended as follows:

ARTICLE 301
Definitions
 
CROSS REFERENCES
See sectional histories for similar State law
Speed race defined - see TRAF. 335.04
 
Sec. 301.01. - Meaning of words and phrases. 
The following words and phrases when used in this Traffic Code shall, for the purpose of this Traffic Code, have the meanings respectively ascribed to them in this article. (WVaC 17C-1-1) 

Sec. 301.02. - Authorized emergency vehicle. 
Authorized emergency vehicle means vehicles of the Fire Department, duly chartered rescue squad, Police Department, ambulance service, State, county or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by West Virginia Code Section 17A-10-1. Agency authorization and emergency equipment are defined in West Virginia Code Section 17C-15-26. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles. (WVaC 17C-1-6) 

Sec. 301.03. - Bicycle. 
Bicycle means every device which does not have a motor attached and which is propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter. (WVaC 17C-1-8) 

Sec. 301.04. - Bus. 
Bus means every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WVaC 17C-1-13) 

Sec. 301.05. - Business district. 
Business district means the territory contiguous to and including a street or highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street or highway. (WVaC 17C-1-45) 

Sec. 301.06. - Controlled-access highway. 
Controlled-access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (WVaC 17C-1-41) 

Sec. 301.07. - Crosswalk. 
Crosswalk includes: 
(a)  That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and 
(b)  Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (WVaC 17C-1-43) 

Sec. 301.08. - Driver. 
Driver means every person who drives or is in actual physical control of a vehicle. (WVaC 17C-1-31) 

Sec. 301.081 – Electric bicycle.
Electric bicycle means every two-wheel or three-wheel bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that is a Class 1 electric bicycle or a Class 3 electric bicycle. 
(a)	Class 1 electric bicycle means every electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.  
(b)	Class 3 electric bicycle means every bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

Sec. 301.0812. - Electric personal assistive mobility device. 
Electric personal assistive mobility device or EPAMD means a self-balancing, two nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (one horse power), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. (WVaC 17C-1-66) 

Sec. 301.09. - Explosives. 
Explosives means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosive and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (WVaC 17C-1-24) 

Sec. 301.10. - Flammable liquid. 
Flammable liquid means any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closedcup test device. (WVaC 17C-1-25) 

Sec. 301.11. - Gross weight. 
Gross weight means the weight of a vehicle without load plus the weight of any load thereon. (WVaC 17C-1-26) 

Sec. 301.12. - Intersection. 
Intersection includes: 
(a)  The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict; and 
(b)  Where a street or highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting street or highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such streets or highways shall be regarded as a separate intersection. (WVaC 17C-1-42) 

Sec. 301.13. - Laned roadway. 
Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (WVaC 17C-1-39) 

Sec. 301.14. - Moped. 
Moped means every motorcycle or motor-driven cycle unless otherwise specified in this Traffic Code, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 50 cubic centimeters regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (WVaC 17C-1-5a) 

Sec. 301.15. - Motorcycle. 
Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (WVaC 17C-1-4) 

Sec. 301.16. - Motor-driven cycle. 
Motor-driven cycle means every motorcycle having a piston displacement of more than 50 cubic centimeters but not more than 150 cubic centimeters, or with not more than five brake horsepower. (WVaC 17C-1-5) 

Sec. 301.17. - Motor vehicle. 
Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheelchairs. (WVaC 17C-1-3) 

Sec. 301.18. - Owner. 
Owner means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Traffic Code. (WVaC 17C-1-32) 

Sec. 301.19. - Park. 
Park when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. (WVaC 17C-1-54) 

Sec. 301.20. - Parking area. 
Parking area means lots, areas or other accommodations for the parking of vehicles off the street or highway and open to public use with or without charge. (WVaC 17C-1-60) 

Sec. 301.201. - Passenger van. 
Passenger van means any van or other motor vehicle owned by any agency, business or other legal entity and operated for the purpose of transportation of children under the age of 18 years, other than a van utilized for private use, taxicab, bus or school bus. Passenger vans include, but are not limited to, vehicles used by daycare centers, after-school centers and nursery schools; provided, that the term "passenger van" does not include any van or other motor vehicle which is utilized for the specific purpose of transporting children to medical facilities for the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for loading or unloading along public roads or highways. (WVaC 17C-1-64) 

Sec. 301.21. - Pedestrian. 
Pedestrian means any person afoot or any person using a wheelchair. (WVaC 17C-1-30) 

Sec. 301.22. - Person. 
Person means every natural person, firm, copartnership, association or corporation. (WVaC 17C-1-29) 

Sec. 301.23. - Pole trailer. 
Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, trusses or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (WVaC 17C-1-17) 

Sec. 301.24. - Police officer. 
Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (WVaC 17C-1-33) 

Sec. 301.25. - Private road or driveway; private property. 
(a)  Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. 
(b)  Private property means real estate in private ownership without regard to the manner in which it is used. (WVaC 17C-1-36) 

Sec. 301.26. - Railroad. 
Railroad means a carrier of persons or property, upon cars, other than streetcars, operated upon stationary rails. (WVaC 17C-1-21) 

Sec. 301.27. - Railroad sign or signal. 
Railroad sign or signal means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (WVaC 17C-1-49) 

Sec. 301.28. - Railroad train. 
Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. (WVaC 17C-1-22) 

Sec. 301.29. - Residence district. 
Residence district means the territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (WVaC 17C-1-46) 

Sec. 301.30. - Residential street. 
Residential street means the entire width between the boundary lines of every way, whether publicly or privately maintained, located within any subdivision, development or other similar area used primarily for residential purposes when any part thereof is open to the common use of those living in such area for the purpose of vehicular travel. (WVaC 17C-1-62) 

Sec. 301.31. - Right-of-way. 
Right-of-way means the privilege of the immediate use of the street or highway. (WVaC 17C-1-51) 

Sec. 301.32. - Roadway. 
Roadway means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street or highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (WVaC 17C-1-37) 

Sec. 301.33. - Safety zone. 
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (WVaC 17C-1-44) 

Sec. 301.34. - School bus. 
School bus means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school. (WVaC 17C-1-7) 

Sec. 301.35. - School grounds. 
School grounds includes the land on which a school is built together with such other land used by students for play, recreation or athletic events while attending school. (WVaC 17C-1-55) 

Sec. 301.36. - Semitrailer. 
Semitrailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (WVaC 17C-1-16) 

Sec. 301.37. - Sidewalk. 
Sidewalk means that portion of a street or highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (WVaC 17C-1-38) 

Sec. 301.38. - Stop. 
Stop when required, means complete cessation from movement. (WVaC 17C-1-52) 

Sec. 301.39. - Stop, stopping or standing. 
Stop, stopping, or standing, when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. (WVaC 17C-1-53) 

Sec. 301.40. - Street or highway; alley. 
(a)  Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (WVaC 17C-1-35) 
(b)  Alley means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. 

Sec. 301.41. - Through street or through highway. 
Through street or through highway means every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Traffic Code. (WVaC 17C-1-40) 

Sec. 301.42. - Traffic. 
Traffic means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street or highway for purposes of travel. (WVaC 17C-1-50) 

Sec. 301.43. - Traffic control devices. 
Traffic control device means any sign, signal, marking and device not inconsistent with this Traffic Code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (WVaC 17C-1-47) 

Sec. 301.44. - Traffic control signal. 
Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. (WVaC 17C-1-48) 

Sec. 301.45. - Trailer. 
Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (WVaC 17C-1-15) 

Sec. 301.46. - Truck. 
Truck means every motor vehicle designed, used or maintained primarily for the transportation of property. (WVaC 17C-1-12) 

Sec. 301.47. - Vehicle. 
Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs. (WVaC 17C-1-2) 

Sec. 301.48. - Wheelchair. 
Wheelchair means a motorized or nonmotorized wheeled device designed for, and used by, a person with disabilities that is incapable of a speed in excess of eight miles per hour. (WVaC 17C-1-65) 

This ordinance is effective upon adoption.

FIRST READING:  ______________________		_______________________________________
								Mayor 
SECOND READING:  ____________________
								_______________________________________
ADOPTED: _____________________________		City Clerk

FILED:  ________________________________