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CERTIFICATION

I, David W. Blazer, Mayor of Glen Dale, West Virginia, pursuant to West Virginia Code 8-11-4(b), hereby certify that the general and permanent ordinances of the City of Glen Dale, West Virginia, as revised, rearranged, compiled, renumbered as to sections, codified and printed herewith in component codes are correctly set forth and constitute the Codified Ordinances of the City of Glen Dale, West Virginia, 2003, complete to July 1, 2008.

/s/ David W. Blazer

Mayor

Codified, edited and prepared for

publication by

THE WALTER H. DRANE COMPANY

Cleveland, Ohio

The Walter H. Drane Company

ROSTER OF OFFICIALS

CITY OF GLEN DALE

(2008)

ELECTED OFFICIALS

David W. Blazer Mayor

Gerald Trembush Recorder

John Zinn Councilor

Lou Richmond Councilor

Larry English Councilor

Tim McCulley Councilor

Wayne Bero Councilor

APPOINTED OFFICIALS

Suzan Singleton City Clerk

Frederick Gardner City Attorney

Norman Stenger Chief of Police

James Byers Street Commissioner

Sean Orlofske Water Superintendent

Jane Criswell-Rickman Bookkeeper

CONTENTS

Preliminary Unit

General Index

Comparative Section Table

CODIFIED ORDINANCES OF GLEN DALE, WEST VIRGINIA

CHARTER

PART ONE - Administrative Code

PART THREE - Traffic Code

PART FIVE - General Offenses Code

PART SEVEN - Business and Taxation Code

PART NINE - Streets, Utilities and Public Services Code

PART ELEVEN - Health and Sanitation Code

PART THIRTEEN - Planning and Zoning Code

PART FIFTEEN - Fire Prevention Code

PART SEVENTEEN - Building and Housing Code

EDITOR'S NOTE

The arrangement and numbering of the Codified Ordinances into component codes, chapters, articles and sections are based on an adoption of the decimal numbering system which is in accord with the best accepted practice in instituting a codification. Each section is self‑identifying as to code, article and section number. For example, 305.06 indicates that the code number is 3, the article number is 305 (or the 5th article within code 3), and the section number is .06. The code and article numbers appear left of the decimal, with the code number preceding the first two digits left of the decimal, and the article number being all digits left of the decimal. The section number appears right of the decimal. As another example, 113.10 indicates the code number is 1, the article number is 113 (or the 13th article within code 1), and the section number is.10.

This numbering system has the advantage of inherent flexibility in allowing for an almost endless amount of expansion. Codes, chapters, and articles initially are odd‑numbered, thus reserving the use of even numbers for future legislation. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number .99. Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections. For example, newly created 575.061, 575.062 and 575.063 follow 575.06 and precede 575.07 to be placed in their logical position.

Section histories enable a user to trace the origin of the law contained in the section. The history indicates the derivation by reference to either its passage date and the ordinance number originally assigned to it at that time, or to its inclusion in any prior code. Sections without histories indicate that the section contains new matter which was ordained by the Adopting Ordinance which enacts the Codified Ordinances.

The Comparative Section Table is included to show the disposition of every ordinance included in the Codified Ordinances. It indicates whether a given ordinance was consolidated with another into one section or split into two or more sections. Cross references direct the user to subject matter reasonably related to material contained within a given article.

ABANDONMENT

excavations 533.08

junk motor vehicle 361.07

refrigerator, airtight container 525.04

wireless telecommunication

towers and facilities 1727.19

ACCIDENT

collision; fixtures upon

street or highway 331.05

death or personal injury

duty to stop 331.01

information; aid 331.03

impounding vehicle 303.07

injurious material on street 311.01

property damage 331.05

reports

City, written report to 331.09

driver unable 331.07

garage to report

bullet damage 331.08

immediate 331.06

unattended vehicle 331.04

ACCIDENT (Cont.)

vehicle damage

duty to stop 331.02

garage to report

bullet damage 331.08

information; aid 331.03

unattended vehicle 331.04

ACCOUNTANT

license; fee 709.08

ADOPTION BY REFERENCE

West Virginia State

Building Code 1709.01

West Virginia State Fire Code 1509.01

ADVERTISING (see also SIGNS)

noise 527.02(h)

posting handbills 533.12

private clubs 521.09(b)

traffic control device, on 313.06

AIRTIGHT CONTAINER

abandoned 525.04

penalty 525.99

ALARMS (see FALSE REPORTS)

ALCOHOL (see INTOXICANTS;

INTOXICATION)

ALLEY

defined 301.40

entering 341.06

parking in 361.11

vehicle leaving, right of way 343.06

ALL TERRAIN VEHICLE (see

MOTORIZED

RECREATIONAL

APPARATUS)

AMENDMENTS (see also

specific subject involved)

Charter Chtr.IX-6

Zoning Ordinance 1361.01

AMUSEMENT DEVICES

merry‑go‑rounds, etc.;

license, fee 709.21

pinballs machines;

minors prohibited 709.10

ANIMAL‑DRAWN VEHICLES

lights required 345.08

Traffic Code applicable 303.06

ANIMALS

bird sanctuary designated 505.12

carcass, disposal of 1101.04

care of 505.10

cruelty 505.01, 505.19

dangerous or vicious 505.16

definitions 505.02

display or exhibition of

feral, exotic or vicious 505.20

dogs 505.15

enforcement 505.11

fowl

keeping 505.13

premises where killed 1101.08

hogs, keeping 505.14

hunting or trapping prohibited 505.18

impoundment, violation notice 505.04

noise 527.02

penalty 505.99

ANIMALS (Cont.)

performing animal exhibitions 505.07

pigeons 505.17

poison, exposing to 505.05

restraint 505.03

sidewalks, driven or led on 917.02

stables; sanitary requirements 1101.07

sterilization 505.09

veterinarian license; fee 709.08

waste 505.08

wild animals, keeping 505.06

ARBORIST (see TREES)

ARCHITECT

license; fee 709.08

ARREST

citation in lieu of 501.07

ASSAULT AND BATTERY

molesting persons 529.05

penalty 529.99

physical harm 529.01

school employees, on 529.02

ASSEMBLY

permit required 905.01

street, on; permit 311.01

ATTEMPT, OFFENSE 501.06

ATTORNEY

license; fee 709.08

ATTORNEY, CITY

duties; qualifications Chtr.VII-1

AUCTIONS

license; fee 709.02

BARRICADES AND WARNING LIGHTS

excavations 911.03

required 533.08

sewer excavations 935.09

BEER, NONINTOXICATING (see

also INTOXICANTS)

defined 521.01

license

application; issuance 755.01

false statements 755.03

fees 755.02

suspension, revocation 755.03

licensee, prohibited acts 521.07

open container in public 521.06

unlawful purchase 521.08

BEGGING

prohibited 509.05

BETTING (see GAMBLING)

BICYCLE (see also MOTORCYCLE)

bell, signal device 373.07

brakes 373.07

carrying articles on 373.06

defined 301.03

helmets, children 373.09

lights 373.07

motorized (see MOTORIZED BICYCLE)

number of riders 373.03

reckless operation 373.06, 373.08

reflector 373.07

riding abreast 373.05

riding paths, use 373.05

right side of street, use 373.05

seat, use 373.03

sidewalks, on 311.05

speed 373.08

Traffic Code application 373.01

traffic rules, obedience 373.02

vehicle, attaching to 373.04

BILLIARD OR POOL TABLES

license; fee 709.04

BLIND PERSON

right of way 371.08

BOARDING HOUSE

fraudulently obtaining

food or lodging 533.10

BOMB (see EXPLOSIVES)

BOND (see specific subject involved)

BOUNDARIES

City Chtr.I-2

monuments, destruction 533.05

penalty 533.99

zoning districts 1313.03

BOWLING ALLEY

bowling machine license; fee 709.31

license; fee 709.03

BRAKES (see VEHICLE EQUIPMENT)

BRIDGE

parking on 361.03(a)(13)

BUILDING (see also CONSTRUCTION;

DWELLING)

accessory

defined 1309.02

regulations 1347.05

ashes or cinders,

keeping prohibited 1505.01

awnings extending

over sidewalks 917.03

definitions 1309.02

height requirements

C‑H Highway and Integrated

Commercial District 1337.04

C‑N Neighborhood

Commercial District 1329.04

exceptions 1347.07

I Industrial Districts 1343.04

R Residential Districts 1325.03

lines 1347.09

occupancy permit 1353.04

one principal building per lot 1317.05

structures erected over streets 905.10

unsafe structures

appeals 1715.09

costs of repair,

demolition; lien 1715.12

described; action 1715.03

dilapidated structures 1715.04

BUILDING (Cont.)

unsafe structures (Cont.)

hearing 1715.08

occupancy prohibited 1715.07

penalty 1715.99

repair or demolition by City 1715.11

right of entry 1715.05

service of notice 1715.06, 1715.10

Zoning Ordinance

compliance 1317.02

BUILDING CODE, WEST

VIRGINIA STATE

adoption 1709.01

penalty 1709.99

BUILDING ENFORCEMENT AGENCY

appeals from 1715.09

authority 1715.02

established 1715.01

hearings 1715.08

right of entry 1715.05

unsafe structures (see BUILDING)

BUILDING PERMIT

certificate of occupancy

required 1353.04

Certificate of Zoning

Compliance required 1353.02

flood plain area 1721.05, 1721.07

required; fees 1353.03

Subdivision Regulations

compliance 1369.04

BUMPERS 345.33

BUS (see also COMMERCIAL

AND HEAVY VEHICLE)

defined 301.04

passenger van transporting children

defined 301.201

signs, warning lights 343.08(a)

stopping for 343.08(b)

railroad crossing, stopping at 343.03

safety glass 345.26

BUS (Cont.)

school bus

defined 301.34

discharging children 343.07

sale of 343.07

signs; warning lights 343.07

stopping for 343.07

stops; parking in 361.10

BUSINESS AND OCCUPATION

TAXES (see also FINANCE)

administration and construction

of article 733.03

assessment

appeal 733.23

deficient return 733.20

jeopardy 733.21

notice of;

reassessment petition 733.22

collection

distraint, by; suit

to enforce lien 733.31

enforcement 733.28

computation; remittance 733.17

Council authority to

revoke licenses 733.33

credits 733.35

cumulative 733.25

definitions 733.01

disclosure of

information, unlawful 733.34

erroneous computation 733.19

failure to make return 733.20

hearing 733.22A

imposition of privilege tax 733.04

industrial expansion credits 733.16

et seq.

interstate and foreign commerce

revenue excluded 733.02

lien of tax due and unpaid 733.27

multiple activity credit 733.15A

offenses; penalties 733.32

payment; nonpayment penalty 733.26

refunds 733.35

return and remittance

by taxpayer 733.18

selling or quitting business;

payment; lien liability

of successor 733.29