West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. 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.