349.24 MOTORIZED SCOOTERS.
   (a)   Definitions. Except as otherwise provided in this article, the following words and phrases shall have the meanings set forth below:
      (1)   “Motorized scooter” means any non-balancing, tandem two-wheeled device, or three or four wheeled, self-balancing device, that has handle bars, is designed to be stood upon or ridden by the operator, and is powered by a motor having a maximum piston displacement of less than fifty cubic centimeters or an electric drive motor that is capable of a maximum speed of not more than twenty-five miles per hour on a flat surface. “Motorized scooter” does not include a “motorcycle” as defined by West Virginia Code 17C-1-4, a “moped” as defined by West Virginia Code 17C-1-5a, an “electric personal assistive mobility device or ‘EPAMD’” as defined by West Virginia Code 17C-1-66, or “wheelchair” as defined in this subsection.
      (2)   “Wheelchair” means a motorized or non-motorized wheeled device having a seat or saddle, and designed for, and used by, a person with disabilities.
   (b)   Prohibition of Operation and Use of Motorized Scooters. The riding, operation or other use of motorized scooters for transportation or recreational purposes within or upon the public streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places of the City is prohibited.
   (c)   Exceptions. The Mayor or Chief of Police may permit the use of a motorized scooter for parades, emergencies, governmental use, or other special circumstance. In order for a permit to be issued by the Mayor or Chief of Police, the operator of the motorized scooter must present a valid driver’s license and shall be required to wear a Department of Transportation approved helmet when operating the motorized scooter.
   (d)   Penalty. Any person who violates this provision shall be fined up to three hundred dollars ($300.00) for each violation.
(Ord. 2029. Passed 10-2-03; Ord. 2240. Passed 3-2-17.)