As used in this Article, the following terms are defined as follows:
(a) "Motorized Apparatus" shall mean any wheeled device designed to be stood or sat upon by the operator and is powered by any electric motor, gas engine or other power source that is capable of a maximum speed of not more than twenty-five miles per hour on a flat surface. Motorized Apparatus does not include a motorcycle, as defined by West Virginia Code § 17C-l-4, a moped, as defined by West Virginia Code § 17C-l-5a, an ATV, as defined by West Virginia Code § 17F-l-9, a bicycle, as defined by West Virginia Code § 17C-l-8, a Wheelchair, as defined by West Virginia Code § 17C-l-65, or an electronic personal assistive mobility device, "EPAMD," as defined by West Virginia Code § 17C-l-66.
(b) "Darkness" shall mean the hours directly after sunset and prior to sunrise; when visibility is less than fifty feet without assistance of lighting.
(c) "Motor Vehicle" shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a Public Roadway, highway, or otherwise and does not include those devices moved by human power, used exclusively upon stationary rails or tracks, Wheelchairs or Motorized Apparatuses.
(d) "Public Roadway" shall mean any portion of a street, road, bridge or Sidewalk improved, designed, or ordinarily used for Motor Vehicular travel by the public which is maintained by the City and does not include private roads, driveways or property.
(e) "Sidewalk" shall mean that portion of a street, road, or bridge between the curb lines, or the lateral lines of a street, road or bridge and the adjacent property lines, intended for the use of pedestrians.
(f) "Alcohol" shall mean any substance containing any form of alcohol, including, but not limited to: ethanol, methanol, propenyl and isopropanol; beer, ale, port or stout and other similar fermented beverage containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt; distilled spirits or that substance known as ethyl alcohol, ethanol or spirits of wine; and liquor, whiskey or wine consisting of not less than on-half of one percent of alcohol by volume. (W.Va. Code § 17E-l-3(1))
(g) "Drug" shall mean a compound, substance or preparation, and any component of a compound, substance or preparation, other than food and food ingredients which may have mind altering, intoxicating, performance enhancing or other effects when taken. Drug does not include dietary supplements or prescription medications taken by the person to whom the medication was prescribed.
(h) "Controlled Substance" shall mean any substance classified under the provisions West Virginia Code 61a-1-1 et seq. as amended, and those substances listed on Schedules I through V of 21 C.P.R. §1308, as amended by the United States Department of Justice. (Ord. 683. Passed 10-15-12.)