Current through Register Vol. XLI, No. 50, December 13, 2024
Section 204-1-2 - Definitions2.1. Definitions of words and phrases -- The following words and phrases, when used in this series, shall have the meanings respectively ascribed to them herein.2.2. "Appurtenant facility" means any facility that appertains to the system of recreational trails of the Hatfield-McCoy Recreation Area, including trailhead centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites, event sites, and other facilities that are a part of the system operated and managed by the Hatfield-McCoy Regional Recreation Authority.2.3. "ATV" or "all-terrain vehicle" means any motor vehicle designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.2.4. "Authority" means The Hatfield-McCoy Regional Recreation Authority created under W. Va. Code § 20-14-3.2.5. "Authorized emergency vehicle" means any marked law enforcement vehicle operated by a ranger and any vehicle that is an authorized emergency vehicle pursuant to W. Va. Code §17C-l-6.2.6. "Bicycle" means every vehicle that is propelled by human power having two or more tandem wheels.2.7. "Driver" means a person who drives or is in actual physical control of a vehicle or trail animal.2.8. "Executive Director" means the Executive Director of the Hatfield-McCoy Regional Recreation Authority.2.9. "Hatfield-McCoy enforcement area" means the area within which Hatfield-McCoy rangers have the duty to preserve law and order pursuant to W. Va. Code § 20-14-6, which encompasses any premises which are part of the Hatfield-McCoy Recreation Area, the immediately adjacent property of landowners who are making land available for public use under agreement with the Authority, any streets, highways, or other public lands utilized by the trails, parking areas, or related recreational facilities, and other immediately adjacent public lands. 2.10. "Hatfield-McCoy Recreation Area" means the system of recreational trails and appurtenant facilities, including trailhead centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites, and other facilities that are a part of the system operated and managed by the Hatfield-McCoy Regional Recreation Authority.2.11. "Highway or street" 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, except any trail.2.12. '"Intersection" means the area located at the junction of two or more trails, or at the junction of one or more trails with one or more roadways, within which vehicles or pedestrians traveling on different ways may come in conflict. For purposes of determining the area of an intersection, the width of the trafficway of a trail shall determine the width of the intersection.2.13. "Low pressure tire" means every tire in which twenty pounds per square inch or less of compressed air is designed to support the load.2.14. "Motorcycle" means any motor vehicle manufactured with no more than two wheels and having a seat or saddle for the use of the operator.2.15. "Motor vehicle" means every vehicle that is self-propelled except a motorized wheelchair.2.16. "Officer" means Hatfield-McCoy ranger or other authorized law enforcement officer.2.17. "ORV" or "off road vehicle" means any motor vehicle that does not have low pressure tires, but is constructed, manufactured or modified for off road driving.2.18. "Pedestrian" means any person afoot and any person In a wheelchair, including a motorized wheelchair.2.19. "Person" means every natural person, firm, copartnership, association, or corporation.2.20. "Petitioner" means a person requesting a formal hearing before the Authority pursuant to §9.2 of this series.2.21. "Private way" means any way that is in private ownership and is not maintained by the Authority for recreational use and that is not marked and designated by the Authority on official maps and on the way with traffic-control devices to regulate, warn, and guide public recreational use.2.22. "Ranger" or "Hatfield-McCoy ranger" means an authorized law enforcement officer appointed by the Authority pursuant to the provisions of W. Va. Code § 20-14-6.2.23. "Right-of-way" means the right of a pedestrian or the driver of one vehicle or trail animal to proceed in a lawful manner in preference to another pedestrian or the driver of another vehicle or trail animal approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.2.24. "Snowmobile" means a motor vehicle designed for travel over snow or ice that utilizes sled-type runners, skis, an endless belt tread, or any combination of these or other similar means of contact with the surface on which it is operated.2.25. "Special utilization license" means a license issued by the Authority that, during the term of the license and subject to its conditions, restrictions, and requirements, authorizes the use of specified facilities of the Hatfield-McCoy Recreation Area by a class of vehicle use that would not be permitted in the absence of the license.2.26. "Traffic" means pedestrians, trail animals, and vehicles, either singly or together, while using any highway or trail for purposes of travel.2.27. "Traffic-control device" means all signs, signals, markings, devices, fences, barriers, and gates not inconsistent with the rules in this series placed or erected by the Authority or by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic, or to close or control access to a particular way or area.2.28. "Trafficway" means the portion of a trail that is improved, designed, and ordinarily used for vehicular and animal traffic on the trail.2.29. "Trail" means a way within a trail corridor that is maintained by the Authority for recreational use and that is marked and designated by the Authority on official maps and on the trail itself with traffic-control devices to regulate, warn, and guide public recreational use. The trail includes the trafficway, the trail margin, and the trail fringe.2.30. "Trail animal" means any horse, pony, donkey, mule, or other animal capable of being ridden for recreational purposes on a trail.2.31. "Trail corridor" means a lineal corridor which is defined in a license agreement between the Authority and the relevant landowner and within which the Authority maintains a trail for permissive public recreational use.2.32. "Trail fringe" means the portion of a trail that, where conditions permit, extends outward beyond the trail margin for a maximum of forty feet from the edge of the trafficway.2.33. "Trail margin" means the portion of a trail that, where conditions permit, extends outward for a maximum often feet from the edge of the trafficway.2.34. "Trailhead center" means an area maintained by the Authority that connects with both the trail system and the highway system and that provides parking and other facilities for recreational users.2.35. "User permit" means a permit issued by the Authority that authorizes the holder of the permit to utilize the facilities of the Hatfield-McCoy Recreation Area in a manner consistent with the rules set forth in this series.2.36. "UTV" or "utility terrain vehicle" means any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.2.37. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a trail or highway, excepting devices used exclusively on stationary rails or tracks.