Current through Register Vol. XLI, No. 50, December 13, 2024
Section 58-36-2 - Definitions2.1. "Bicycle" means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.2.2. "Cabwaylingo State Forest" means the entire recreation area, including all forest acreage and facilities located within the recreation area, managed by the state.2.3. "Cabwaylingo State Forest Trail System" means the system of recreational trails and appurtenant facilities within Cabwaylingo State Forest as designated in consultation with the director of the Division of Forestry and approved by the director and marked as included in Cabwaylingo State Forest Trail System.2.4. "Director" means the director of the Division of Natural Resources.2.5. "Division" means the Division of Natural Resources.2.6. "Driver" means a person who drives or is in actual physical control of a vehicle or trail animal.2.7. "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.2.8. "Motor vehicle" means every vehicle that is self-propelled except a motorized wheelchair.2.9. "Multi-Use Trail" means a way within Cabwaylingo State Forest Trail System that is maintained by the Trail System Operator for ATV, ORV, UTV, Bicycle, Motorcycle, Pedestrian, and/or Trail Animal recreational use that is marked and designated by the Trail System Operator on official maps and on the trail itself with traffic-control devices to regulate, warn, and guide public recreational use.2.10. "Pedestrian" means any person afoot and any person in a wheelchair, including a motorized wheelchair.2.11. "Person" means every natural person, firm, co-partnership, association, or corporation.2.12. "Traffic" means pedestrians, trail animals, and vehicles, either singly or together, while using any highway or trail for purposes of travel.2.13. "Traffic-control device" means all signs, signals, markings, devices, fences, barriers, and gates not inconsistent with the rules in this series placed or erected at the discretion of the division by the Trail System Operator having jurisdiction for the purpose of regulating, warning, or guiding traffic, or to close or control access to a particular way or area.2.14. "Trail animal" means any horse, pony, donkey, mule, or other animal capable of being ridden for recreational purposes on a trail.2.15. "Trail System Operator" means any person, partnership, limited liability company ("LLC"), corporation, joint development entity, other organization, or any combination thereof, who has contracted with the division for operational responsibility of Cabwaylingo State Forest Trail System that includes ATV, ORV, UTV, Bicycle, Motorcycle, Pedestrian, and/or Trail Animal recreational use designated by the division for either non-profit or monetary profit or gain.2.16. "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.2.17. All other terms shall have the meaning prescribed in W. Va. Code § 20-15-1et seq.