Berkeley County WVa allows seizure of cited ATVs

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Sheriff’s deputies in Berkeley County have won the authority to seize ATVs when riders are caught in unauthorized areas or violating noise limits.

The Berkeley County Commission approved an amendment to its ATV ordinance clarifying the sheriff’s department’s authority to confiscate an ATV that is used in violation of the ordinance for up to six months, unless there are pending criminal charges or civil forfeiture proceedings or both, according to the revised ordinance.

The panel also incorporated state code requiring ATVs to have a spark arrester and a muffler that must be connected to the vehicle’s exhaust system, according to the West Virginia Herald-Mail.

The ordinance forbids the operation of ATVs in Berkeley County on any road, street or avenue, or on any county-owned property. The regulations cannot be enforced in a residential subdivision that has not petitioned the county to seek enforcement. When the ordinance passed, homeowners associations in 34 subdivisions had done so.

Posted by Holly Wagner