Bluefield board OKs ATV, drug paraphernalia ordinances

Jan. 10—BLUEFIELD — Ordinances dealing with the possession of drug paraphernalia, and off-road and all-terrain vehicle traffic on city streets, were approved Tuesday by the Bluefield Board of Directors.

The amended drug paraphernalia ordinance, which was approved on a second reading by the board, would remove the jail penalty for possession of drug paraphernalia. An individual convicted would instead be guilty of a misdemeanor and would be sentenced to a fine of up to $500.

According to the amended ordinance, it shall be unlawful for any person to possess, or produce or market for sale any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances which contains any detectable residue of a controlled substance not legally possessed.

"We are removing jail penalties as a potential for possession of drug paraphernalia charges," City Attorney Anthony Heltzel said in explaining the amended ordinance to the city board.

Should a testable residue of a controlled substance be found within the paraphernalia, the individual could still then be charged with the possession of that illegal narcotic.

The ordinance defines paraphernalia as any legitimate equipment, product or material that is modified for making, using or concealing illegal drugs such as cocaine, cocaine based derivative, heroin, marijuana and methamphetamine and includes certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips and other items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs. The ordinance further states drug paraphernalia does not include items traditionally used with tobacco such as pipes and rolling papers.

The ATV ordinance, also approved by the city board on a second reading, would require the off-road ATV and UTV vehicles operated in city streets to be licensed and for the operator to have a driver's license and to carry liability insurance. It specifically states that no person may operate any motor vehicle, all-terrain vehicle, utility-terrain vehicle, motorcycle, off-highway vehicle or off-road vehicle on any city street, road or alley without first obtaining a vehicle registration plate and a motor-vehicle liability policy.

Heltzel said the ordinance also states such vehicles must be operated by a person with a valid drivers license. He said this is to protect both the operators of the off-road vehicles and other people who are on roadways should there be a collision with damages or injuries.

"One of the problems we have is there is a lot of ATV usage on city streets," Heltzel said. "And most of the time it is by people who are underage. They don't have a valid driver's license and they aren't carrying liability insurance."

West Virginia code also provides regulations as it relates to such off-road traffic.

According to state code, ATVs are allowed to drive on roads with a center line for no less than 10 miles and only if they are traveling to places for gas, food or supplies. They are required to use the shoulder of the road, and if there isn't a shoulder, to stay on the right lane and to travel at speeds no greater than 25 mph. ATVs and UTVs that are properly registered are allowed to travel no more than 20 miles on a roadway for gas, food or supplies.

A third ordinance approved by the board on a second reading provided amended definitions for city code for all-terrain vehicles, motorcycles and other off-road vehicles. The third amended code further states that the city believes it to be a nuisance and a danger to the public at large for any unlicensed, unregistered or uninsured all-terrain vehicles, utility-terrain vehicles, motorcycles or other off-road vehicles to be operated on city streets.

All three ordinances are now in effect with the approval Tuesday of the second readings.

— Contact Charles Owens at cowens@bdtonline.com

— Contact Charles Owens at cowens@bdtonline.com. Follow him @BDTOwens