Current through Register Vol. XLI, No. 50, December 13, 2024
Section 204-1-6 - User Permits and Identification6.1. All persons without a valid user permit or special utilization license issued by the Authority are prohibited from using any trail of the Hatfield-McCoy Recreation Area, provided, that the following persons are exempt from the provisions of this section:6.1.a. A properly identified landowner or leaseholder while on the land that the person owns or leases for purposes related to the ownership or lease of the land and not for trails-related recreational purposes;6.1.b. A properly identified officer, employee, or agent of a landowner or leaseholder, while on the land that is owned or leased by that person's company and while on that land in the scope and course of their office, employment, or agency and not for trails-related recreational purposes;6.1.c. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, but only when the vehicle, while in motion, sounds an audible signal by bell or siren and, when the vehicle, if so equipped, displays a flashing light; and,6.1.d. An employee, agent, or contractor of the Authority who is identified by clearly visible credentials, uniform, or by appropriate markings on the vehicle they are operating, when acting within the scope and course of their employment, agency, or contract only to the extent that the exemption is necessary to the work being done or has been specifically authorized by the Executive Director.6.2. The exemptions provided in subsection 6.1., do not relieve the exempted person from the duty to use the trails and appurtenant facilities of the Hatfield-McCoy Recreation Area with due regard for the safety of all persons.6.3. Application for a user permit shall be made to the Authority by such means and through such agencies as the Authority shall establish and designate. Application for the user permit shall be accompanied by the user fee specified by the Authority for the type of permit for which application has been made.6.4. Applicants for a reduced-fee resident's permit shall provide acceptable proof of residence in the state of West Virginia at the time of application.6.5. Any person who has had his or her user permit and privilege to use the Hatfield-McCoy Recreation Area revoked is not eligible to apply for, receive, or hold a user permit during the period of revocation. Any user permit issued in error to such person by the Authority or any of its agents is null and void. Any user fee collected in error from such person shall be refunded by the Authority upon surrender of the erroneously issued user permit.6.6. User permits shall be prominently displayed by the permit holder according to the directives of the Authority at all times while within the Hatfield-McCoy Recreation Area and, upon request, the permit holder shall allow any ranger or other law enforcement officer to inspect the user permit.6.7. All persons over the age of 15 shall carry, at all times, a valid drivers license or photo identification card issued by the person's state of residence and, upon request, allow any ranger or other law enforcement officer to inspect license: provided that the adult providing supervision for the person as required in subsection 3.13 of this rule, shall display his or her own license or identification at the request of any ranger or other law enforcement officer and shall properly identify the person under 16 years of age. A person required to display his or her license or identification card shall physically surrender the license or identification card into the hands of the officer for inspection.6.8. It is a violation of these rules for any person to commit any of the following acts: 6.8.a. To display or cause or permit to be displayed or have in the person's possession any fictitious, counterfeit, or fraudulently altered Hatfield-McCoy user permit;6.8.b. To lend the person's Hatfield-McCoy user permit to any other person or knowingly allow its use by another;6.8.c. To display or represent as the person's own any Hatfield-McCoy user permit not issued to the person;6.9. A Hatfield-McCoy ranger or other law enforcement officer is authorized to seize a user permit and to issue a temporary user permit in accordance with the following rules:6.9.a. Any person who is unable to provide satisfactory identification in compliance with subsection 6.7 of this rule shall immediately surrender any user permit in the person's possession to the ranger or other law enforcement officer requesting the identification. If the seized user permit is currently valid, the officer shall issue a temporary user permit to the person which shall be valid for 24 hours or until the expiration date of the seized permit, whichever is sooner.6.9.b. Whenever a ranger or other law enforcement officer seizes the user permit of any person under this section, the officer shall dispose of the user permit as follows: 6.9.b.1. If the person is able, within 24 hours, to produce and display to the officer proper identification establishing that the person is the same person to whom the permit was issued by the Authority, the officer shall then return the user permit to the person upon surrender of any temporary user permit issued to the person by the officer.6.9.b.2. If the person does not reclaim his or her user permit within 24 hours, the officer shall immediately forward the seized user permit to the Authority along with a full statement of the facts relevant to the seizure.6.10. Whenever the Authority receives a user permit that has been seized by an officer because the person bearing the permit was unable to provide satisfactory identification as required by subsection 6.7 of this rule, the Authority shall cancel the user permit and the permit holder shall not be entitled to return of the user permit or refund of the permit fee.