MOTORIZED SCOOTER

Charleston, W. Va., City Code ch. 114, art. XIV

in effect

Charleston, W. Va., City Code § 114-915 Definitions.

Sec. 114-915. - Definitions. Except as otherwise provided in this chapter the following words and phrases shall have the meanings set forth below: Minor means any person under the age of 18. Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. Motorized scooter means any non-balancing, tandem two-wheeled device, or self balancing device, that 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 50 cubic centimeters or an electric drive motor, that is capable of a maximum speed of not more than 25 miles per hour on a flat surface. "Motorized scooter" does not include a "motorcycle" as defined by W. Va. Code § 17C-1-4, a "motor-driven cycle" as defined by W. Va. Code § 17C-1-5, a "class 3 electric bicycle" as defined by W. Va. Code § 17C-1-70, an "electric personal assistive mobility device" or "EPAMD" as defined by W. Va. Code § 17C-1-66, or a wheelchair as defined in this section. Mobility-impaired person means a person who: (1) Cannot walk 200 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 60 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. Wheelchair means a motorized or nonmotorized wheeled device, including a motorized scooter that is designed for, or used by, a mobility-impaired person. (Bill No. 6984, § 31-260, 8-18-2003; Bill No. 7956, 8-15-2022)

Charleston, W. Va., City Code § 114-916 Authorizing the use of motorized scooters.

Sec. 114-916. - Authorizing the use of motorized scooters. Motorized scooters may be operated upon the streets or alleys within the City of Charleston, unless otherwise prohibited. The operator of any motorized scooter shall obey and be subject to all traffic laws of the City of Charleston and the State of West Virginia, unless otherwise stated in this Article. Notwithstanding the general authorization to operate motorized scooters, in order to eliminate hazards to public health and safety and to abate the potential public nuisance associated with the placement of rented motorized scooters on the public rights-of-way, the city council hereby requires any person seeking to operate a motorized scooter rental business within the city to enter into an agreement with the city, which shall be approved by city council prior to beginning operation. (Bill No. 7956, 8-15-2022)

Charleston, W. Va., City Code § 114-917 Additional requirements for operation between sunset and sunrise.

Sec. 114-917. - Additional requirements for operation between sunset and sunrise. Every motorized scooter operated after sunset and before sunrise shall be equipped with the following: (1) A lamp emitting a white light which, while the motorized scooter is in motion, illuminates the roadway in front of the operator and is visible from a distance of 300 feet in front and from the sides of the motorized scooter. (2) A lamp emitting a red light on the rear that is visible from a distance of 500 feet to the rear. (3) A white or yellow reflector on each side visible from the front and rear of the motorized scooter from a distance of 200 feet. (4) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the motorized scooter, may be used in lieu of the lamp required by subsection (1) hereof. (Bill No. 7956, 8-15-2022)

Charleston, W. Va., City Code § 114-918 Prohibited acts.

Sec. 114-918. - Prohibited acts. Except as specifically authorized herein, no person shall: (1) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement. (2) Operate a motorized scooter on a roadway with a speed limit in excess of 30 miles per hour. (3) Operate a motorized scooter when the operator is under the age of 16 years of age. (4) Operate a motorized scooter with any passengers in addition to the operator. (5) Operate a motorized scooter carrying any package, bundle or article that prevents the operator from keeping at least one hand upon the handlebars. (6) Operate a motorized scooter upon a sidewalk or on any roadway, path, or other surface that is closed to bicycle traffic. (7) Operate a motorized scooter with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area. (8) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. (9) Attach the motorized scooter or themselves, by any means, while on the roadway to any other vehicle on the roadway. (10) Operate a motorized scooter while in an impaired state, as defined in W. Va. Code § 17C-5-2. (Bill No. 7956, 8-15-2022)

Charleston, W. Va., City Code § 114-919 Authorizing or permitting a minor to violate any provision of this article.

Sec. 114-919. - Authorizing or permitting a minor to violate any provision of this article. No person shall authorize or knowingly permit a minor to violate any provision within this section. Any such violation or knowingly permitting any such minor to violate the provisions of this section shall constitute a criminal violation hereof and shall subject such person to the criminal penalties set forth in this section. The citing of any person pursuant to this paragraph shall not be reason to prohibit the police officer from also citing the driver of said motorized scooter. (Bill No. 6984, § 31-264, 8-18-2003)

Charleston, W. Va., City Code § 114-920 Penalties.

Sec. 114-920. - Penalties. Any person who violates sections 114-917, 114-918, or 114-919 of this article shall constitute the commission of a misdemeanor criminal offense, and the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation of sections 114-917, 114-918, or 114-919. Any person convicted of a first offense established hereunder shall be fined not less than $100.00 nor more than $500.00. Any person convicted of a second or subsequent offense established hereunder shall be fined not less than $250.00, nor more than $500.00. (Bill No. 6984, § 31-265, 8-18-2003; Bill No. 7956, 8-15-2022)

Charleston, W. Va., City Code § 114-921 Liability.

Sec. 114-921. - Liability. Nothing contained within this article is intended, nor shall be construed, so as to create or form the basis for any civil or administrative liability whatsoever on the part of the city of or any of its officers, officials, employees, or agents for any injury or damage resulting to any person as a consequence of any action or inaction on the part of the city related, in any manner, to the enforcement or non-enforcement of this article by the city's officers, officials, employees, or agents. (Bill No. 6984, § 31-266, 8-18-2003)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH114TROR_ARTXIVMOSCFetched: 11/7/2026