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.)
(a) Every Motorized Apparatus being operated on a Public Roadway shall be equipped with the following:
(1) A brake that will enable the operator of the Motorized Apparatus to make a braked wheel skid on dry, level, clean pavement; and
(2) A reflective flag of twelve (12) inches or greater in size which shall be flown at a minimum height of three feet from the highest point of the Motorized Apparatus and visible from all sides of the Motorized Apparatus.
(b) Every Motorized Apparatus being operated on a Public Roadway shall, during Darkness, be equipped with the following:
(1) A lamp that emits a white light which shall be attached to the Motorized Apparatus or to the operator and visible from a distance of 300 feet or greater;
(2) A red reflector or reflectorized material which shall be attached to the rear of the Motorized Apparatus or to the operator and shall be visible from a distance of 500 feet or greater from the rear of the Motorized Apparatus when the Motorized Apparatus is positioned in front of the upper beam headlights of a Motor Vehicle; and
(3) A white or yellow reflector or reflectorized material which shall be attached to the front and to the back of the Motorized Apparatus and visible from a distance of 200 feet or greater. (Ord. 683. Passed 10-15-12.)
(a) No person shall operate a Motorized Apparatus on a Public Roadway with a speed limit in excess of twenty-five miles per hour.
(b) No person shall operate a Motorized Apparatus on a Public Roadway with a passenger. A passenger shall mean a person traveling in any manner upon the Motorized Apparatus who is not the operator.
(c) No person shall operate a Motorized Apparatus on a Public Roadway while carrying by lap or by hand any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars of the Motorized Apparatus. Bags, baskets or other containers securely attached to the Motorized Apparatus are permitted so long as the provisions of Section 375.02 are obeyed.
(d) No person shall operate a Motorized Apparatus on a Public Roadway while under the influence of Alcohol, Drugs or other Controlled Substance, or under the combined influence of Alcohol, Drugs or other Controlled Substance.
(e) No person shall attach a Motorized Apparatus to a Motor Vehicle traveling on the Public Roadway.
(f) No person shall park, leave or let idle a Motorized Apparatus on a Sidewalk or any other location unless there is an adequate path for pedestrian traffic.
(g) Nothing in this Article shall exempt any operator of a Motorized Apparatus from the requirements regarding the operation of Motorized Apparatuses or other similar motorized devices under West Virginia Code.
(h) To the extent the West Virginia Code provides contrary terms or conditions to those set forth in this Article 375 the West Virginia Code controls. (Ord. 683. Passed 10-15-12.)
(a) Any person in violation of any provision of this Article shall be cited and upon conviction shall be fined $100.00 for the first violation and not more than $500.00 for each subsequent violation.
(b) If the person in violation of any provision of this Article is age 16 years or less, the parent or legal guardian shall, in addition to the person cited, convicted and fined under subsection (a) hereof, be cited and upon conviction shall be fined $100.00 for the first violation and not more than $500.00 for each subsequent violation. (Ord. 683. Passed 10-15-12.)
CODIFIED ORDINANCES OF DUNBAR