WHEREAS, the Town resolved to promote tourism and recreation in the Town of Matewan, and

WHEREAS, the Town desires to continue to promote tourism and recreation activities in the area because of the community benefit it provides as well as the positive economic impact it has in our community; and

WHEREAS, one of the recreational activities enjoyed in the area is the use of All Terrain Vehicles (ATV's) for joy riding and sight seeing on surrounding trails developed and undeveloped in the area; and

WHEREAS, the Town has many residents that, in addition to tourists and visitors, own and use ATV's for recreation; and

WHEREAS, the Town desires to increase the number of visitors to the area and the length of time that visitors stay in the area, and in addition, encourage the use of Town businesses; and

WHEREAS, the Town desires to make the use of ATV's for recreation more convenient for the city residents as well as visitors to the area; and

WHEREAS, Federal and State law gives the Town the option to do the same; and

WHEREAS, other Towns within the State have done the same and have had positive results.

NOW, THEREFORE, IT IS HEREBY RESOLVED AND ADOPTED BY THE TOWN OF MATEWAN AS FOLLOWS:

1. That an ATV is allowed to be driven on streets within Town limits under the following conditions or restrictions:
a) The ATV is legally licensed and registered with the Hatfield-McCoy Trail System.
b) The driver of an ATV must be over the age of sixteen and must hold a valid driver's license. No person under the age of sixteen shall be allowed to operate an ATV within the town limits.
c) The ATV driver obeys all state and city traffic laws and local town ordinances.
d) The ATV is in a safe running condition with only one person on each ATV.
e) The ATV is being operated in a safe condition.
f) The ATV is not driven down any street within city limits that borders school ground while school is in session.
g) The ATV, when driven at night, must have working head and tail lights.
h) The ATV driver, when driving on streets within Town limits, must be going to or from Town services, a local Town business, or a legal riding area.
i) All riders must comply with rules and regulations promulgated by Hatfield-McCoy Regional Recreational Authority.
j) Riders must wear the same safety equipment in Town as required on the trails.

2. The streets within the Town limits upon which all ATV drivers shall use are as follows:
The entire downtown business district everyday following the established route for entering and exiting downtown.

3. The Town Police Department or other legal policing authority is given all rights to write citations to those individuals breaking laws or safety guidelines as outlines in this Ordinance. The Chief of Police will meet with the County Sheriff to educate his department regarding the ATV regulations outlined herein.

Initial Reading: September 11, 2001.