(a) Definitions: “Motorized Scooters” means 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 City of Martinsburg and any of its boards, authorities, or commissions is prohibited, unless the person using such motorized scooter has a valid drivers 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 City of Martinsburg are exempt from the provisions of this article.
(5) Any licensed driver permitted to operate a motorized scooter, under subsection (a) hereof, shall comply with the required safety equipment set forth in Section 345.29 of the Martinsburg City Code.
(c) Penalty:
(1) Any violation shall constitute the commission of a misdemeanor criminal offense, and any officer of the police department of the City or any officer of any other police agency, exercising proper jurisdiction within the corporate limits of the City of Martinsburg 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 twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Any person convicted of a second or further offense shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) The parent or other guardian of any person violating the provisions of this article when such person shall not have attained the age of eighteen years shall not authorize or knowingly permit any such minor to violate any provision of this article. Any such authorization or if such parent or other guardian shall knowingly permit any such minor to violate the provisions of this article shall constitute a criminal violation and shall subject such parent or guardian to the criminal penalties set forth in this article. The citing and conviction of any parent or guardian shall not prohibit the citing and conviction of the operator of such motorized scooter.
(Ord. 2003-25. Passed 11-12-03.)