(a) Definitions.
(1) “Motorized Scooter” means any device that is designed to travel on at least two wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion.
(2) “Go-Cart” means a vehicle distinguished by its small wheels (Usually four) capable of carrying one person, the operator, propelled by a gas engine, and use or operated on a smooth, hard surface, and designed for use as a sport or toy, rather than for useful transportation.
(3) “Helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the hard shell, and a neck or chin strap type retention system, with a label required by the Federal Consumer Product Safety Commission adopted by the Code of Federal Regulations 16 CFR 1203.
(b) Operation of Motorized Scooters or Go Carts.
(1) Motorized Scooters or Go Carts shall not be operated upon a public roadway by any person under the age of sixteen years without having the proper safety training course as provided by the State of West Virginia.
(2) Motorized Scooters or Go Carts shall not be operated on public road ways with a speed limit of greater than 25 miles per hour.
(3) Operators of Motorized Scooters or Go Carts shall adhere to all rules of the roads applicable to motorized vehicles.
(4) Motorized Scooters or Go Carts shall not be operated on Town owned property, Town Parks, walkways, paths, sidewalks, or any other place where other motorized vehicles are expressly prohibited.
(5) Motorized Scooters or Go Carts shall not be operated at any time during one half hour after sunset to one-half hour before sunrise without reflectors,
(6) Operation on public or private property. A person shall not operate a Motorized Scooter or Go Cart upon any property in either public or private ownership without the express permission of the person in control of the property.
(7) Motorized Scooters or Go Carts shall not be operated in a negligent manner upon any roadway or street within the Town of Eleanor. For the purposes of this section, "to operate in a negligent manner" means to operate a Motorized Scooter or Go Cart in such a manner as to endanger or be likely to endanger any person or property, or to obstruct, hinder or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, alleys, parking areas, trails within the Town of Eleanor.
(8) Motorized Scooters or Go Carts shall be equipped so that the drive motor is engaged through a switch lever or other mechanism that when released will cause the drive motor to disengage or cease to function.
(c) Safety Awareness Courses.
(1) On and after the first day of September, two thousand four, the commissioner of motor vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
(2) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles and other approved providers to issue the certificates of completion.
(3) On and after the first day of January, two thousand five, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider awareness course as offered or approved by the commissioner.
(4) The provisions of subsection (3) of this section do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(d) Responsibility.
(1) It is unlawful for any parent, guardian or other person having control or custody of a minor child to allow said minor to operate a Motorized Scooter or Go Cart in violation of this ordinance.
(2) The operator of the Motorized Scooter or Go Cart shall be held liable for any damage to property of another person. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the Motorized Scooter or Go Cart.
(e) Helmet Required.
(1) Any person operating a Motorized Scooter or Go Cart on the public streets, right of ways or alleys of the Town of Eleanor shall wear an approved helmet designed for safety and shall have either the neck or the chin strap of the helmet fastened securely while the motorized scooter is in motion.
(2) Any parent or legal guardian who fails to cause that parent or legal guardian's child to wear a helmet, as provided in this subsection, shall be subject to the fines imposed by state law.
(f) Violation. Upon a determination of a violation of this section has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any included person, including their parent or guardian, in violating any provisions of this chapter. In any case, the amount shall not exceed $250.00. The following monetary penalties shall apply: (1) First offense: $75.00; (2) Second offense: $100.00; (3) Third and future offenses: $250.00.
(Ord. 05-03. Passed 4-21-05.)