(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MOTORIZED SCOOTERS. A scooter that is powered by a gasoline or electric motor.
(B) Prohibited acts; exemptions.
(1) The riding, operation or other use of motorized scooters for transportation or recreational purposes, within or upon the streets, alleys, sidewalks, parking lots and other property owned, leased or controlled by the town and any of its boards, authorities or commissions is prohibited, unless the person using such motorized scooter has a valid driver’s license under the provisions of the West Virginia Code.
(2) It shall not be an offense for a motorized scooter to be operated upon a designated parade route, when such person is a duly registered and recognized participant in any properly permitted parade, provided that such operation occurs in conjunction with said parade.
(3) The federal government, the State of West Virginia, and the town are exempt from the provisions of this section.
(5) Any licensed driver permitted to operate a motorized scooter, under division (A) above, shall comply with the required safety equipment set forth in § 73.29 of this code of ordinances.
(C) Penalty.
(1) Any violation shall constitute the commission of a misdemeanor criminal offense, and any officer of the Police Department of the town or any officer of any other police agency, exercising proper jurisdiction within the corporate limits of the town is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation. Any person convicted of a first offense shall be fined not less than $25 nor more than $100. Any person convicted of a second or further offense shall be fined not less than $50 nor more than $250.
(2) The parent or other guardian of any person violating the provisions of this section when such person shall not have attained the age of 18 years shall not authorize or knowingly permit any such minor to violate any provision of this section. Any such authorization or if such parent or other guardian shall knowingly permit any such minor to violate the provisions of this section shall constitute a criminal violation and shall subject such parent or guardian to the criminal penalties set forth in this section. The citing and conviction of any parent or guardian shall not prohibit the citing and conviction of the operator of such motorized scooter.
(Res. passed 6-3-2019)