375.02 DEFINITIONS.
   (a)   “Motorized scooter” means any wheeled device that has handlebars, is designed to be stood or sat upon and is propelled by an electric motor, gas engine or other power source and not classified as a motorcycle or ATV as defined by the West Virginia Code.
   (b)   “Assistive device” means any device enabling a person with a disability to maneuver. This definition includes, but is not limited to, manual and motorized wheelchairs or motorized scooters.
   (c)   “Mobility impaired person” means a person determined by a physician or osteopath licensed to practice in West Virginia who:
      (1)   Cannot walk two hundred feet without stopping to rest;
      (2)   Cannot walk without the use of or assistance from a brace, cane, crutch, prosthetic device, wheelchair, other assistive device or another person;
      (3)   Is restricted by lung disease to such an extent that the person’s force (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
      (4)   Uses portable oxygen;
      (5)   Has a cardiac condition to such an extent that the person’s functional limitations are classified in severity as Class III or Class IV according to standards established by the American Heart Association; or
      (6)   Is severely limited in his or her ability to walk because of an arthritic, neurological or other orthopedic condition.
         (Ord. 2003-22. Passed 9-2-03.)