Community Acres Homeowners Association, Inc.
Petition RE ATV Legislation in Community Acres
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H. B. 4022  All-Terrain Vehicles
 
 
The WV Legislature enacted the following legislation regarding the Regulation of All-Terrain Vehicles.  Under Section 17F-1-3, the Legislature requires the following:
 
(1) THe governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road, or avenue within the municipal corporate limits.
 
(2) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road, or avenue.  County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
 
(3)  The county commission of any county which has in effect and is operating under a countywide comprehensive plan may be lawfully enacted ordinance regulate or prohibit the operation of all-terrain vehicles on any road in the county, except interstate highways:  Provided, That any county which enacts any such ordinance shall notify the West Virginia state police and all law-enforcement agencies in the county of its action in writing, together with a copy of the ordinance.

Proposed Resolution
H.B. 4022
 
17F-1-4
 
AN ACT to Amend the Constitution and By-Laws of The Community Acres Homeowners' Constitution and By-Laws, 1977, as amended, by additing thereto a new chapter designated 8A-1-1, all relating to the regulation and enforcement of all-terrain vehicles generally within the confines of the Community Acres Homeowners' Association, Inc.
 
Article 1
No all-terrain vehicle may be operated within the confines of The Community Acres Homeowners' Association, Inc., as afforded by WV H.B. 4022, approved and ammended, February 26, 2004.

The House Bill and Association Resolution was defeated in 2004.