Codified
Ordinances
of the
City of
Glen Dale
West Virginia
Complete to August 1, 2009
class=Section2>
2
CERTIFICATION
class=Section3>
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 August 1, 2009.
class=Section4>
/s/ David W. Blazer
Mayor
Codified, edited and prepared for
publication by
THE WALTER H. DRANE COMPANY
Cleveland, Ohio
Copyright, 2003, by
The Walter H. Drane Company
3
ROSTER OF OFFICIALS
CITY OF GLEN DALE
(2009)
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
4
The publisher expresses his appreciation
to
SUZAN SINGLETON
City Clerk
and to all other City officials
who gave time and counsel in
the 2003 recodification
of the Glen Dale City Ordinances.
7
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
8
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.
9
GENERAL INDEX
class=Section7>
EDITOR'S NOTE: References are to individual code sections. As additional aids for locating material, users are directed to:
(a) The comparative Section Table which indicates in the Codified Ordinances the disposition of the ordinances or resolutions integrated therein.
(b) The table of contents preceding each component code, and the sectional analysis preceding each chapter.
(c) The cross references to related material following each chapter analysis.
class=Section8>
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
GENERAL INDEX 10
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
11 GENERAL INDEX
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
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
GENERAL INDEX 12
BUILDING CODE, WEST
VIRGINIA STATE
adoption 1709.01
penalty 1709.99
BUILDING COMMISSION
audits 139.09
compensation 139.05
conflict of interest 139.05
created 139.01
debt and surplus 139.08
membership 139.02
oath of office 139.04
office facilities 139.06
powers and duties 139.07
reports 139.09
term of office 139.02
vacancies 139.03
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
13 GENERAL INDEX
BUSINESS AND OCCUPATION
TAXES (Cont.)
specific businesses
banking, other
financial businesses 733.14
coal production,
natural resources 733.05
contracting 733.09
exemptions 733.15
furnishing property for hire 733.12
manufacturing, compounding,
preparing products
except food 733.06
operating amusements 733.10
public service or
utility business 733.08
selling tangible property;
exemptions 733.07
service business or calling
not otherwise taxed 733.11
small loan, industrial loan 733.13
tax year 733.24
BUSINESS DISTRICTS (see also
COMMERCIAL DISTRICTS)
defined 301.05
CANVASSERS (see SOLICITORS
AND CANVASSERS)
CARNIVAL
license; fee 709.13
CAR SEATS, CHILDREN'S 345.31
CAT (see ANIMALS)
CATV
unauthorized connection 533.06
CELL PHONE (see WIRELESS
TELECOMMUNICATION
TOWERS AND
FACILITIES)
CERTIFICATE OF
OCCUPANCY 1353.04
CHARTER
amending Chtr.IX-6
continuation of
contracts Chtr.IX-3
legal proceedings Chtr.IX-4
officers, employees,
salaries Chtr.IX-2
effective date Chtr.IX-5
existing law, effect on Chtr.VIII-5
rights of officers
and employees Chtr.IX-1
separability clause Chtr.IX-7
CHAUFFEUR'S LICENSE (see
COMMERCIAL DRIVERS)
CHEATING 513.07
CHILD (see MINORS)
CHILD RESTRAINT SYSTEM 345.31
CHIMNEY
burning chimneys or flues out 1505.05
CIGARETTE (see TOBACCO
PRODUCTS)
CIRCUS, CARNIVAL, PUBLIC SHOWS
license; fee 709.13
CITY
boundaries Chtr.I-2
form of government Chtr.I-4
incorporation Chtr.I-1
powers Chtr.I-3
services fee (see MUNICIPAL
SERVICE FEE)
CODIFIED ORDINANCES (see also
ORDINANCES AND RESOLUTIONS)
acts by agent or deputy 101.06
conflicting provisions 101.07
definitions, general 101.02
designation; citation 101.01
headings 101.01
penalty, general 101.99
GENERAL INDEX 14
CODIFIED ORDINANCES (Cont.)
repeal, effect of 101.04
rules of construction 101.03
section references 101.05
separability 101.08
time computation 101.03
COMMERCIAL AND HEAVY VEHICLE
brakes 345.19
explosives, transporting 345.27
farm and road
equipment exceptions 345.01(c)
garbage collection vehicle
City owned 1105.10
private collectors 1105.15
height, maximum 347.03
length, maximum 347.03
lights (see VEHICLE LIGHTS)
loads (see VEHICLE LOADS)
local streets, use 347.01
motor carrier road tax
identification markers
definitions 717.01
penalty 717.99
required 717.02
parking (see PARKING)
penalty 347.99
permit, special 347.01
railroad crossing,
moving across 343.04
safety glass 345.26
semitrailer defined 301.36
slow-moving, lights 345.08
State route, use 347.01
towing requirements 347.05
truck defined 301.46
trucks, tractor trailers, etc. parking
prohibited on streets 361.13
width, maximum 347.03
COMMERCIAL DISTRICTS (see
also ZONING DISTRICTS)
C-H Highway and Integrated
Commercial District
lot and area requirements 1337.04
off-street parking 1337.05
COMMERCIAL DISTRICTS (Cont.)
C-H Highway and Integrated
Commercial District (Cont.)
uses
accessory 1337.03
permitted principal 1337.01
special exceptions 1337.02
C-N Neighborhood Commercial District
appeals 1329.06
lot and area requirements 1329.04
off-street parking 1329.05
uses
accessory 1329.03
permitted principal 1329.01
special
exceptions 1329.02,1329.06
LC-N Limited Neighborhood
Commercial District
requirements same
as C-N District 1333.02
uses permitted 1333.01
COMMERCIAL DRIVERS
alcohol prohibited 353.06
definitions 353.01
employers 353.03
license
exemptions 353.05
number 353.02
required 353.04
penalty 353.99
CONSERVATION DISTRICT, S-C
SPECIAL (see also ZONING
DISTRICTS)
lot, area, parking requirements 1321.04
uses
accessory 1321.03
permitted principal 1321.01
special exceptions 1321.02
CONSTRUCTION (see also BUILDING)
flood plain area 1721.05, 1721.06
sidewalks covered
during construction 905.06
stay of work on premises 1357.07
street, occupying 905.06
15 GENERAL INDEX
CONTRACTS (see FINANCE)
CONTROLLED SUBSTANCES 529.03
COUNCIL (see also PUBLIC SERVANT)
Administrative Boards,
power to create Chtr.IX-8
audits Chtr.III-7
Common Council, member of Chtr.I-4
discussions Chtr.VIII-1
franchises granted Chtr.III-9
impeachment authority Chtr.III-6
investigations Chtr.III-5
meetings Chtr.III-1
officer, employee
appointments Chtr.III-3
ordinances Chtr.III-2
personal interest Chtr.IX-12
rules and regulations 115.01
salaries set Chtr.III-4
seats in; voting power Chtr.VIII-1
traffic control device authority 305.01
vacancies Chtr.III-10
voting Chtr.III-8
COURT, MUNICIPAL
appeals, appeal bonds 151.12
Clerk of Court 151.03
contempt 151.13
continuances 151.08
costs 151.15
County Jail use 151.14
docket 151.03
enforcement of fines,
penalties, costs 151.10
failure of accused to
appear for trial 151.07
guilty judgment includes costs 151.09
jurisdiction 151.01
powers and duties 151.01
suspension or execution
of judgments 151.11
warrant
arrest without 151.05
issuance; police request 151.06
required; exception 151.04
search warrants 151.02
CRIME (see OFFENSE)
CROSSWALK
defined 301.07
obstructing 343.09
parking in 361.03(a)(5)
pedestrian right of way 371.02
CRUELTY
animals 505.01, 505.19
children 525.02
CURB
driving over 349.14
permit; fee 905.12
CURFEW
minors 525.06
DANCING
license; fee
dance floor, maintaining 709.14
occasional dances,
attractions 709.24
DEFINITIONS
general 101.02
Traffic Code Ch. 301
Zoning Ordinance 1309.02
DEMOLITION
house razor license; fee; bond 709.18
unsafe structures 1715.11, 1715.12
DENTIST
license; fee 709.08
DIRT BIKE (see MOTORIZED
RECREATIONAL
APPARATUS)
DISCRIMINATION
housing (see FAIR HOUSING)
DISORDERLY CONDUCT
disturbing others 509.01, 509.04
DISTURBING THE PEACE (see
also DISORDERLY CONDUCT)
carrying weapon 545.02
generally 509.04
GENERAL INDEX 16
DISTURBING THE PEACE (Cont.)
muffler noise 345.12
noise (see NOISE)
racing vehicle motor 349.12
squealing tires, peeling 349.12
vehicle exhaust noise 349.12
DOG (see ANIMALS)
DRAG RACING (see SPEED)
DRIVER'S LICENSE (see
also COMMERCIAL DRIVERS)
display 351.08
exemptions 351.07
prohibited acts 351.09
reinstatement fee 151.16
required 351.06
revoked or suspended, driving 351.10
DRIVEWAY
defined 301.25
entering 341.06
parking in front of 361.03
right of way from 341.04
vehicle leaving, right of way 343.06
DRIVING
accident (see ACCIDENT)
allowing another
to drive illegally 351.11
assembly or parade, in;
vehicle distance 905.01
backing vehicle 349.02
certificate of title required 351.01
change of course 339.08 et seq.
closed road, on 349.18
coasting down grade 349.16
control of vehicle 333.04
crosswalk, obstructing 343.08
curb or street lawn, over 349.14
divided street 337.11
driver's view
load obstructing 349.03
rear view mirror 345.23
television set in 345.28
drunk or drugged 333.01
DRIVING (Cont.)
emergency vehicle,
approaching 349.061
exhaust noises 349.12
fire hose, over 349.07
following emergency vehicle 349.06
following too closely 337.10
full time and attention 333.04
grade crossing 343.01 et seq.
hazardous zones 337.07
intersection
obstructing 343.08
right of way 341.01, 341.03
shortcutting 349.15
turning at 339.05
lanes, within 337.09
left side of street 337.06
one-way street 337.08
passengers
driver, on seat with 349.04
obstructing driver's view 349.03
running board, on 349.05
passing
left of center 337.05, 337.06
left side 337.03
no passing zones 337.07
right side 337.02, 337.04
pedestrians, due care for 371.04
railroad grade crossing
driving across 343.01
stopping at 343.02, 343.03
reckless 333.02, 333.03
registration of vehicle required 351.01
right of way
driving onto
roadway 341.04, 343.06
emergency vehicle 341.05
funeral procession 349.08
intersection, at 341.01, 341.03
left turn 341.02
street maintenance workers 371.07
right side of street 337.01
right turn on red 313.03(c)(2)
rotary traffic island, around 337.08
safety zone, through 349.17
school bus, stopping for 343.07
17 GENERAL INDEX
DRIVING (Cont.)
shortcutting 349.15
sidewalk
driving on 349.14
stopping at 343.06
signals for turning
or stopping 339.08 et seq.
speed (see SPEED)
squealing tires 349.12
starting vehicle 339.07
stopping at 343.06
stop signs
emergency vehicle at 303.05(b)
operation at 341.03, 343.05
street under repair 349.18
traffic, obstructing 349.19
turning
conformity required 339.01
intersection, at 339.05
left 339.03, 339.04
right 339.02
right of way 341.02
right on red 313.03(c)(2)
signals 339.08 et seq.
U turn 339.06
unsafe vehicle 345.01
weaving 333.04
yield sign, approaching 343.10
DRUG ABUSE
controlled substances 529.03
breathing, inhaling
intoxicating compounds 529.04
driving under influence 333.01
firearm possession prohibited 545.04
DRUGSTORE
license; fee 709.05
pharmacist license; fee 709.08
DRUNK DRIVING 333.01
DUI 333.01
DUMPSTER
unauthorized used 533.09
DWELLING (see also BUILDING)
additional dwellings 1347.02
cluster development 1347.04
definitions 1309.02
manufactured home
in flood plain area 1721.06(b)
ELECTIONS
ballots
calculation 105.19
sample, publication of 105.06
canvass of returns 105.15
conduct of Chtr.II-1
contested 105.11
elected persons
failure to qualify 105.12
notification of 105.10
election notices published;
information given 105.05
filing fees 105.16
induction of officers Chtr.II-3
initiative and referendum (see
ORDINANCES AND
RESOLUTIONS)
integration registration 105.03
nominations Chtr.II-1A
offenses 105.13
officials
appointment of 105.17
compensation 105.18
political signs 1317.04
polling places
designated 105.04
peace and order preserved 105.09
precincts designated 105.04
record keeping 105.15
recounts 105.15
results
declaration of 105.15
recorded 105.10
State law applicable
to City elections 105.02
supply of essential articles 105.08
term of office Chtr.II-2
tie votes 105.10
uniform drawing date 105.14
voter
qualifications 105.01
registration records 105.07
GENERAL INDEX 18
ELECTIONS (Cont.)
withdrawals 105.14
ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICE (see also
WHEELCHAIR)
definition 301.081, 381.09(a)
regulations 371.09
EMERGENCY
false report 501.08
EMERGENCY SERVICES
authority to accept services,
gifts, grants, loans 103.09
City Emergency Services Council
chairman; duties 103.05
established; members 103.04
City Emergency
Services Organization 103.03
defined 103.01
Director
appointment; duties 103.06
obedience to 103.13
specific powers and duties 103.07
existing services, personnel,
facilities utilized 103.10
loyalty of personnel 103.12
mutual aid arrangements 103.08
oath required 103.12
policy 103.02
political activity prohibited 103.11
purpose of chapter 103.02
EMERGENCY VEHICLE (see also
PUBLIC SAFETY VEHICLE)
approaching authorized vehicle 349.061
authorized operation 303.05
defined 301.02
flashing lights 345.18(d)
following, parking near 349.06
right of way 341.05
siren, whistle, bell 345.21(c)
EMPLOYEES, MUNICIPAL
bonds Chtr.VIII-3, 121.01
EMPLOYEES, MUNICIPAL (Cont.)
Charter
continuation after Chtr.IX-2
existing rights under Chtr.IX-1
compensation 121.03
Council appointments Chtr.III-3
elective office, prohibited
from holding Chtr. II-4
impersonating 501.05
interfering with 303.11
salaries set by Council Chtr.III-4
ENGINEER
license; fee 709.08
ENGINEER, CITY
duties Chtr.VII-2
ENTERTAINMENT
admission without payment 533.11
dances (see DANCING)
public attractions; license, fee 709.24
ETHICS IN GOVERNMENT
Act adopted 107.01
amendments to state statutes 107.04
provisions not applicable 107.03
statutory sections adopted 107.02
EXCAVATIONS
abandoned, protection 533.08
barriers, lights 911.03
disposition of bricks, etc. 911.02
parking near 361.01(a)(11)
paving notices 911.05
permit; bond 911.01
public service corporations 911.06
repairing streets, etc. 911.04
replacing removed pavement 911.07
EXHIBITION
admission without payment 533.11
EXPECTORATION
prohibited in public places 529.06
EXPLOSIVES
defined 301.09
19 GENERAL INDEX
EXPLOSIVES (Cont.)
false report 501.04
license; fee 709.15
transporting
fire extinguishers 345.27(b)
railroad crossings, at 343.03
vehicle marked 345.27(a)
FAIR
admission without payment 533.11
FAIR HOUSING
definitions 511.02
designation of policy 511.01
Fair Housing Board 511.04
legal action, other 511.07
penalty 511.99
procedures, enforcement 511.05
scope 511.06
severability 511.08
unlawful practices 511.03
FALSE REPORTS
bombs; explosives 501.04
emergency incident 501.08
fire alarms 501.03
police or fire officer, to 501.02, 501.09
FALSIFICATION
driver's license application 351.09(e)
FEES
City, property of; paid
daily into Treasury Chtr.IX-9
garbage and rubbish collection 1105.11
license
administrative 709.35
auctions 709.02
automatic devices 709.31
billiard or pool tables 709.04
bowling alleys 709.03
businesses or
occupations requiring 709.01
circus, carnival, public show 709.13
dance floor 709.14
drugstore 709.05
explosives 709.15
FEES (Cont.)
license (Cont.)
fortune telling 709.16
fruit or garden
produce vendor 709.20
hawkers, peddlers 709.06
house boat 709.17
house razor 709.18
itinerant vendors 709.19
junk dealer 709.07
junk yard 1111.02
merry-go-rounds, etc. 709.21
miscellaneous businesses
and professions 709.34
night clubs 709.22
nonintoxicating beer license 755.02
occasional dances, exhibitions,
public attractions 709.24
occasional vendor 709.23
pawnbroker 709.33
photographers 709.25, 709.28
pinball machine 709.31
punch boards, etc. 709.26
real estate agent 709.27
second hand dealer 709.30
shooting galleries 709.32
slot machine 709.31
soft drinks distributor,
manufacturer 709.11
solicitor or canvasser 715.05
stores 709.12
Municipal Services 751.01
permit
building permit 1353.03
commercial and
heavy vehicle 347.01
curb 905.12
refuse collection, private 1105.14
trees 923.05
zoning permit 1353.03
sewer rates 935.21
water rates 941.06
FENCES
dangerous fences
along street lines 905.09
GENERAL INDEX 20
FENCES (Cont.)
streets, prohibited on 905.08
zoning regulations 1347.06
FINANCE
annual fiscal statement 721.01
audits Chtr.III-7
bonded indebtedness
and borrowing Chtr.IX-10
budget
date of final adoption Chtr.V-5
preparation, submission Chtr.V-2
public hearing Chtr.V-4
public record Chtr.V-3
City contracts generally 113.01
contract continuation
under Charter Chtr.IX-3
fees, property of City Chtr.IX-9
fiscal year Chtr.V-1
franchises Chtr.III-9
improvement contracts Cthr.IX-11
payment of claims 123.01
taxation
business (see BUSINESS AND
OCCUPATION TAXES)
certification of levy 721.03
intoxicating liquor tax 727.01
levy of additional tax 721.02
wine sale license tax 745.02
FIRE
ashes or cinders,
keeping prohibited 1505.01
burning garbage
and rubbish 1105.17, 1505.02
drills 1505.06
false alarm 501.03
hazardous conditions 1501.06
hazards 1347.18(a)
accumulations
combustible material
on premises 1505.04
paper, straw, rags, etc. 1505.03
burning chimneys
or flues out 1505.05
propane tanks 1505.08
FIRE (Cont.)
inspections 1501.05
investigations 1501.04
lanes on private property 1505.07
FIREARM (see WEAPONS)
FIRE CHIEF
appeals from 1509.03
Fire Prevention Bureau
Chief Inspector, as 1501.02
FIRE CODE, WEST VIRGINIA STATE
adoption 1509.01
Fire Chief, appeals from 1509.03
modifications 1509.02
new materials, processes,
occupancies 1509.04
penalty 1509.99
FIRE DEPARTMENT
false reports to 501.09
FIRE DEPARTMENT, VOLUNTEER
dissolution 131.03, 131.04
duties; meetings; report 131.02
organization; continuance of 131.01
support of; facilities; equipment 131.04
FIRE HOSE
driving over 349.07
FIRE HYDRANT
parking near 361.03(a)(4)
FIREMAN
directing traffic 303.01
impersonating 501.05
FIRE PREVENTION BUREAU
annual reports 1501.08
Chief Inspector
order of 1501.07
supervision by 1501.01
City Attorney duties 1501.04
composition 1501.02
21 GENERAL INDEX
FIRE PREVENTION BUREAU (Cont.)
established 1501.01
fire investigations 1501.04
hazardous conditions;
hearing; order 1501.06
inspections 1501.05
inspectors, additional 1501.03
Police Chief duties 1501.04
FIRE STATION
parking near 361.03(a)(10)
FIRE TRUCK
following, parking near 349.06
FIREWORKS (see also EXPLOSIVES)
sale, possession, discharge 545.10
FLAMMABLE LIQUID
defined 301.10
FLOOD PLAIN AREA
administration 1721.07
appeals and penalties 1721.08
building criteria,
site plan approval 1721.05
definitions 1721.02
established 1721.03
general provisions 1721.01
municipal liability 1721.09
specific requirements 1721.06
utilization of 1721.04
FORTUNE TELLING
license; fee 709.16
FOWL (see ANIMALS)
FRAUD
admission to shows
without payment 533.11
fraudulently obtaining
food or lodging 533.10
FREEWAY (see STREET)
FUNERAL HOME
embalmer or director
license; fee 709.08
FUNERAL PROCESSION
driving in 349.08
GAMBLING
apparatus
hotels; public places 513.04
keeping; exhibiting 513.01
lookout or guard for keeper 513.03
permitting on premises 513.02
cheating 513.07
lotteries; raffles 513.09
penalty 513.99
pool room defined 513.08
pool tickets 513.08
public places 513.04, 513.06
slot machine license; fee 709.31
wages 513.05
GARAGE OR REPAIR SHOP
bullet damage to
vehicle reported 331.08
GARAGE SALES 719.01
GARBAGE AND RUBBISH (see
also SOLID WASTE)
accumulations
nuisance, as 1105.04
paper, straw, rags, etc. 1505.03
prohibited 1105.03
application of article 1105.17
burning, burial, etc. 1105.17, 1505.02
collection and disposal
appeals 1105.12
City garbage vehicles 1105.10
City to collect 1105.06(a)
collectors outside City hauling
over City streets 1105.06(c)
containers 1105.08
fees; billing;
service stoppage 1105.11
points of collection 1105.08
practices and requirements 1105.09
precollection requirements 1105.08
private; refuse exclusive of garbage
equipment requirements 1105.15
industrial firms; fee 1105.16
permit 1105.13
permit fee 1105.14
producers of refuse
may collect own 1105.06(b)
supervision; regulations 1105.07
GENERAL INDEX 22
GARBAGE AND RUBBISH (Cont.)
compliance required 1105.02
definitions 1105.01
deposits prohibited
streets and sidewalks 905.03
vacant lots 1101.05
watercourse 1105.03
dumpster, unauthorized use 533.09
junk (see JUNK DEALER;
JUNK YARDS)
penalty 1105.99
scattering prohibited 1105.05
streets or sidewalks
prohibited on 905.03
residential to keep clear 905.04
GO-CART (see MOTORIZED
RECREATIONAL
APPARATUS)
GUN (see WEAPONS)
HANDICAPPED PERSON
accessible parking 361.06
blind, right of way 371.08
mobility device (see ELECTRIC
PERSONAL ASSISTIVE
MOBILITY DEVICE)
HAWKERS AND PEDDLERS (see also
SOLICITORS AND
CANVASSERS; VENDORS)
license; fee 709.06
street corner hawker;
license, fee 709.29
HEALTH AND SANITATION (see
also specific subject involved)
animal carcass, putrid meat 1101.04
Commissioner of Sanitation 1101.01
enforcement 1101.02
HIGHWAY (see STREET)
HISTORIC LANDMARKS
COMMISSION
established 137.01
members 137.02
powers and duties 137.03
HITCHHIKING 371.06
HOME OCCUPATIONS
special exception use, as 1325.01(b)
HOODS
wearing 509.03
HORN 345.21
HORSE (see ANIMALS)
HOTEL
fraudulently obtaining
food or lodging 533.10
occupancy tax (see HOTEL
OCCUPANCY TAX)
HOTEL OCCUPANCY TAX
collection
sale on credit 734.06
total amount to be remitted 734.08
consumer to pay 734.04
definitions 734.03
failure to collect or report 734.07
imposition 734.01
liability
hotel operator 734.07
officers 734.11
occupancy billed to government
agencies or employees 734.05
penalty 734.99
rate 734.02
records 734.10
return and payment 734.09
HOUSE BOAT
license; fee 709.17
HOUSE RAZOR
license; fee; bond 709.18
HUNTING
prohibited 505.18
IDENTIFICATION
nonoperator's; prohibited
acts with 351.09
IMPERSONATION
public servant 501.05
IMPOUNDING
vehicle, traffic violation 303.07
23 GENERAL INDEX
INDECENCY (see OBSCENITY;
SEXUAL OFFENSES)
INDUSTRIAL DISTRICTS (see
also ZONING DISTRICTS)
lot and area requirements 1343.04
off-street parking and loading 1343.05
uses
accessory 1343.03
permitted principal 1343.01
special exceptions 1343.02
INSURANCE
motor vehicle 303.07
INTERSECTION
defined 301.12
designation 305.01
left turns 339.03, 339.04
obstructing
prohibited 343.09
tree or shrub 923.08
visibility at 1347.03
parking in 361.03(a)(3)(19)
right of way 341.01 et seq.
right turn 339.02
shortcutting 349.15
specified turns 339.05
stop signs 343.05
turning at 339.05
INTOXICANTS (see
also INTOXICATION)
definitions 521.01
drugs (see DRUG ABUSE)
illegal possession 521.06
licensee
prohibited acts 521.03
unlawful sale or possession 521.04
manufacture; prohibited
acts; license 521.03
minors, sales to or consumption by
private clubs,
in 521.09(a)(3)(6),521.10
prohibited 521.04(d), 521.05
wine 521.11(c)
INTOXICANTS (Cont.)
nonintoxicating beer (see BEER,
NONINTOXICATING)
penalty 521.99, 529.99
private clubs (see PRIVATE CLUBS)
prohibited acts
generally 521.03
nonintoxicating beer licensee 521.07
private club 521.09
wine dealers 521.11
sale or possession
license required 521.03
private clubs, in 521.09
unlawful 521.04, 521.05
tax on intoxicating liquor 727.01
unlawful purchase 521.05, 521.08,
521.10, 521.13
uses exempt from regulations 521.02
wine dealers (see WINE DEALERS)
wine sales license
application 745.05
cost 745.03
definitions 745.01
period 745.04
reporting to State officials 745.07
required 745.02
suspension, revocation 745.06
INTOXICATION (see
also INTOXICANTS)
alcohol sale to intoxicated person
beer, nonintoxicating 521.07(b)
private club, in 521.09(a)(4)
prohibited 521.04(d)
wine 521.11(c)
driving while intoxicated 333.01
firearm possession prohibited 545.04
penalty 521.99, 529.99
public drunkenness 517.05
public places 521.06
violation 521.06
JAYWALKING 371.03
JUNK DEALER
license; fee 709.07
second hand dealer; license, fee 709.30
GENERAL INDEX 24
JUNK MOTOR VEHICLE
abandoned 361.07
impounding 303.07
JUNK YARDS
compliance 1111.03
definitions 1111.01
license; fee 1111.02
location restrictions 1111.02
nuisance abatement
by injunction 1111.03
penalty 1111.99
KEYS
motor vehicle parking, removal 349.01
KNIFE (see WEAPONS)
LANDSCAPING
wireless telecommunication towers
and facilities 1727.11
LARCENY (see THEFT)
LAW DEPARTMENT
legal proceedings continued
under Charter Chtr.IX-4
LAW ENFORCEMENT (see
specific subject involved)
LAW ENFORCEMENT OFFICER (see
also POLICE OFFICER)
false information to 501.02, 501.09
fleeing 303.03, 501.02
impersonating 501.05(a)
obedience to orders 303.03
obstructing 501.02
refusal to aid 501.01
LICENSE (see also PERMIT)
administration
applications 705.02
assignments, transfers 705.11
bond, insurance 705.08
businesses or occupations
requiring 709.01
LICENSE (Cont.)
administration (Cont.)
carrying, display,
production 705.19
"cause" defined 705.12
certification by City
officer required 705.03
City Licensing Officer,
issued by 705.01
duplicate issuable; fee 705.07
evidence of activities
covered in chapter 705.25
exemptions 705.21, 705.22
expiration 705.18
expired; use or display of 705.19
false statements,
misrepresentations 705.13
fees
administrative 709.35
certificate fee 705.05
duplicate certificate 705.07
late fees 705.09
minimum 705.24
prorated 705.23
specific (see FEES)
form of license certificate 705.04
issuance 705.06
License Exemption Board 705.21
limitations of
authority granted 705.16
Mayor's authority
over disputes 705.20
oath or affirmation 705.02
penalty 705.99
records retained 705.04
renewals 705.10
revocation, suspensions,
alterations 705.12
separate license for
certain activities 705.14
State license, effect of 705.15
use in name other
than owner 705.17
violations 705.26
25 GENERAL INDEX
LICENSE (Cont.)
driving (see DRIVER'S LICENSE)
junk yard 1111.02
nonintoxicating beer 755.01
solicitor or canvasser 715.02
weapon, carrying 545.01
wine sales 745.02
LICENSE PLATES (see REGISTRATION,
MOTOR VEHICLE)
LICENSING OFFICER, CITY
Recorder as 705.01
LIGHTS, VEHICLE (see VEHICLE
LIGHTS)
LIQUOR (see INTOXICANTS;
INTOXICATION)
LITTERING
motor vehicle, from 349.21
prohibitions 533.07
LOADING, OFF-STREET (see PARKING
AND LOADING, OFF-STREET)
LOADS, VEHICLE (see VEHICLE
LOADS)
LOITERING
penalty 509.99
public property, prohibited on 509.06
school property 509.02
LOTS
corner; visibility 1347.03
definitions 1309.02
district requirements
C-H Highway and Integrated
Commercial District 1337.04
C-N Neighborhood
Commercial District 1329.04
I Industrial Districts 1343.04
R Residential Districts 1325.03
S-C Special
Conservation District 1321.04
one principal building per lot 1317.05
stagnant water prohibited 1101.03
LOTS (Cont.)
vacant
deposits on prohibited 1101.05
let for exhibition;
owner duty 1101.06
Zoning Ordinance compliance 1317.02
LOTTERY
generally 513.09
video (see VIDEO LOTTERY
ESTABLISHMENTS)
MAIL BOX
parking near 361.03(a)(15)
MASK
wearing 509.03
MAYOR (see also PUBLIC SERVANT)
chief executive officer, as Chtr.IV-1
Common Council, member of Chtr.I-4
duties, other Chtr.IV-3
License Exemption
Board member 705.21
personal interest Chtr.IX-12
term of office Chtr.II-2
MAYOR'S COURT Chtr.IV-2
MEETINGS
Council Chtr.III-1
MINORS
alcohol sales or consumption
private clubs, in 521.09(a)(3)(6)
prohibited 521.04(d)
wine 521.11(c)(d)
beer, nonintoxicating
loitering on premises 521.07(q)
sale of 521.07(c)
bicycle helmets 373.09
car seats 345.31
cruelty 525.02
curfew 525.06
delinquency, contributing to 525.01
neglect 525.01
obscene matter distributed to 517.09
parental liability 525.03
passenger van transportation
defined 301.201
signs, warning lights 343.08(a)
stopping for 343.08(b)
GENERAL INDEX 26
MINORS (Cont.)
pinball machine prohibitions 709.10
roller skates, bicycles, etc.
on sidewalks 311.05
tobacco usage restrictions 525.05
unlawful purchase of intoxicants
alcoholic liquor 521.05, 521.13
nonintoxicating beer 521.08
private clubs 521.10
wine 521.12
MISSILES 545.12
MOLESTING PERSONS 529.05
MOPED (see also MOTORIZED BICYCLE)
defined 301.14
MOTOR CARRIER ROAD TAX
IDENTIFICATION MARKERS
definitions 717.01
penalty 717.99
required 717.02
MOTORCYCLE
accident (see ACCIDENT)
brakes
inspection 345.20
required; performance 345.19
defined 301.15
handle bars 345.29
helmets; safety glasses 345.29
license 351.06
lights 345.15
muffler 345.22
rear-view mirror 345.29
seat, use 345.29
windshield 345.29
MOTORIZED BICYCLE
brakes
inspection 345.20
required; performance 345.19
certification label 345.30
equipment 345.29
handle bars 345.29
helmets; safety glasses 345.29
lights 345.15
rear-view mirror 345.29
MOTORIZED RECREATIONAL
APPARATUS (see also
RECREATIONAL
VEHICLE)
definition 355.01
disclaimer 355.04
exceptions 355.03
penalty 355.99
prohibition 355.02
MOTOR VEHICLE
abandoned 361.07
accident (see ACCIDENT)
alcohol consumption;
open container 521.06(c)
certificate of title 351.01
damaged (see ACCIDENT)
damaging; tampering 349.13
definitions 301.17, 301.47
driving (see DRIVING)
entering or leaving
moving vehicle 349.10
equipment (see VEHICLE
EQUIPMENT)
impounding, traffic violation 303.07
inspection certificate 345.32
insurance required 349.20
junk (see JUNK MOTOR VEHICLE)
junked 361.07
key removal 349.01
license plates (see REGISTRATION,
MOTOR VEHICLE)
lights (see VEHICLE LIGHTS)
loads (see VEHICLE LOADS)
offenses by persons owning
or controlling vehicle 303.13
operation (see DRIVING)
passengers
driver, on seat with 349.04
obstructing driver's view 349.03
running board, on 349.05
passenger van; child transporting
defined 301.201
signs, warning lights 343.08(a)
stopping for 343.08(b)
riding on outside 349.11
running board, riding on 349.05
security 349.20
slow-moving (see COMMERCIAL
AND HEAVY VEHICLE)
27 GENERAL INDEX
MOTOR VEHICLE (Cont.)
taking 349.13
tampering or injuring 349.13
Traffic Code application 303.02
trespass 533.02(b)
unattended
illegally stopped; removal 361.02
removing key, setting brake 349.01
unsafe 345.01
wrecked (see JUNK
MOTOR VEHICLE)
MUFFLER (see VEHICLE EQUIPMENT)
MUNICIPAL SERVICE FEE
Appeals Board 751.03(a)
City Clerk report to Council 751.02
collection directed 751.01
exemption 751.03(b)
imposition; rate 751.01
late payment charge 751.04
NOISE (see also DISTURBING
THE PEACE)
penalty 527.99
prohibited 527.01
specific noises 527.02
vehicles with sound
amplifying equipment 527.03
zoning restrictions 1347.18(c)
NONCONFORMING (see USE
REGULATIONS)
NONINTOXICATING BEER (see BEER,
NONINTOXICATING)
NUISANCE
abatement
City, by 1117.06
order 1117.04
common law
nuisance prohibited 1117.01
defined 1117.01
injurious to public health 1117.07
NUISANCE (Cont.)
notice to abate
generally 1117.02
service of 1117.03
right of entry 1117.05
smoke or soot 1117.08
weeds, underbrush
on private property 1117.09
OBSCENITY
obscene material
distributing to minors 517.09
sale or display 517.10
penalty 519.99
profane swearing 517.05
telephone harassment 517.06
OBSTRUCTIONS
intersection or crosswalk 343.09
loitering on public property 509.06
railroad crossing 541.01
OCCUPANCY PERMIT
Subdivision Regulations
compliance 1369.04
OFFENSE (see also
specific subject involved)
attempt 501.06
parties to a crime 303.12
penalty 501.99
persons owning or
controlling vehicle, by 303.13
OFFENSES AGAINST PERSONS (see
specific subject involved)
OFFENSES AGAINST PROPERTY (see
specific subject involved)
OFFICER (see LAW
ENFORCEMENT OFFICER)
OFFICIALS, MUNICIPAL (see PUBLIC
SERVANT)
GENERAL INDEX 28
ONE-WAY STREET (see STREET)
OPERATOR'S LICENSE (see DRIVER'S
LICENSE)
ORDINANCES AND RESOLUTIONS
Codified (see CODIFIED
ORDINANCES)
Council actions Chtr.III-2
initiative and referendum
ballot form Chtr.VI-9
election results Chtr.VI-11
petition
amendment Chtr.VI-5
committee
of petitioners Chtr.VI-3
Council consideration Chtr.VI-7
effect of certification Chtr.VI-6
filing examination
and certification Chtr.VI-4
form of Chtr.VI-3
power of Chtr.VI-1, 2
publication Chtr.VI-12
qualified elector list Chtr.VI-10
repealing ordinances Chtr.VI-12
submission to electors Chtr.VI-8
reading 115.01(XXI)
Recorder duties 117.01
Special Ordinance Book 117.01
PARADE
permit required;
vehicle distance 905.01
regulations 311.04
PARK AND RECREATION
COMMISSIONERS, BOARD OF
established 135.01
general powers 135.04
limitations 135.05
members 135.02
oath of office 135.03
PARKING (see also PARING AND
LOADING, OFF-STREET)
accessible parking 361.06
alleys and narrow streets, in 361.11
PARKING (Cont.)
angle 361.05
brake, setting 349.01
bus stop, in 361.10
defined 301.19
double 361.03(a)(12)
emergency vehicle
exemptions for 303.05(b)
near 349.06
fire lane prohibitions 1505.07
impounding vehicle 303.07
key removal 349.01
lights 345.07
loading zone 361.09
Mayor or Police
Chief permission 361.16
"no parking" spaces 361.14
opening door on traffic side 349.09
owner prima-facie liable 361.12
parallel 361.05
private property 361.04
privileges granted 361.14
prohibited
places 361.03
purposes 361.08
removal of vehicle
illegally stopped 361.02
unattended 351.01
selling, washing or
repairing vehicle 361.08
stopping engine 349.01
streets or highways,
prohibited on 361.01
Sunday parking 361.16
taxicab stand, in 361.10
temporary no parking 361.14
time limit 361.15
truck loading zones, in 361.09
trucks, tractor trailers, etc.
prohibited on streets 361.13
PARKING AND LOADING, OFF-
STREET (see also PARKING)
development and maintenance 1347.14
district requirements
C-N Neighborhood
Commercial District 1329.05
29 GENERAL INDEX
PARKING AND LOADING, OFF-
STREET (Cont.)
district requirements (Cont.)
R Residential Districts 1325.04
S-C Special Conservation
District 1321.04
joint facilities 1347.13
regulations 1347.10
spaces required
loading 1347.12
parking 1347.11
Zoning Ordinance compliance 1317.04
PAWNBROKER
license; fee 709.33
second hand dealer 709.30
PEDDLERS (see HAWKERS
AND PEDDLERS; VENDORS)
PEDESTRIAN
blind person 371.08
compliance with regulations 371.01
crosswalk
right half, use 371.05
right of way in 371.02
defined 301.21
electric personal assistive
mobility device 371.09(c)
hitchhiking 371.06
jaywalking 371.03
right of way, yielding 371.03
sidewalk
right of way on 343.06
use required 371.06
soliciting ride 371.06
street or highway, on 371.06
traffic control signal 313.04
PEEPING TOM 517.08
PENALTY (see also specific
subject involved)
Building Code 1709.99
general 101.99
General Offenses Code 501.99
PENALTY (Cont.)
Traffic Code 303.99
Zoning Ordinance 1353.99
PERMIT (see also LICENSE)
administration
applications 705.02
assignments, transfers 705.11
bond, insurance 705.08
carrying, display,
production 705.19
"cause" defined 705.12
certification by City
officer required 705.03
City Licensing Officer
to issue 705.01
duplicate issuable; fee 705.07
evidence of activities
covered in chapter 705.25
exemptions 705.21, 705.22
expiration 705.18
expired; use or display of 705.19
false statements,
misrepresentations 705.13
fees
certificate fee 705.05
duplicate certificate 705.07
late fees 705.09
minimum 705.24
prorated 705.23
specific (see FEES)
form of permit certificate 705.04
issuance 705.06
License Exemption Board 705.21
limitations of
authority granted 705.16
Mayor's authority
over disputes 705.20
oath or affirmation 705.02
penalty 705.99
records retained 705.04
renewals 705.10
revocation, suspensions,
alterations 705.12
separate permit for
certain activities 705.14
GENERAL INDEX 30
PERMIT (Cont.)
administration (Cont.)
State permit, effect of 705.15
use in name other
than owner 705.17
violations 705.26
assembly or parade 905.01
building (see BUILDING PERMIT)
commercial and
heavy vehicle use 347.01
curb 905.12
excavations 911.01
fireworks display 545.10(b)
parades; street assembly 311.04
refuse collection, private 1105.13
sewers 935.07
signs 1353.05
solicitor or canvasser 715.02
trees 923.05
yard or garage sale 719.01
PHARMACY
license; fee 709.05
pharmacist license; fee 709.08
PHOTOGRAPHERS
license; fee 709.25, 709.28
PHYSICIAN
license; fee 709.08
PINBALL MACHINE
license; fee 709.31
minors prohibited 709.10
PLANNED RESIDENTIAL
DEVELOPMENT
zoning regulations 1347.14
POISON
animals exposed to 505.05
POLICE DEPARTMENT
accident notification,
immediate 331.06
POLICE DEPARTMENT (Cont.)
appointment of
Chief of Police 133.01
members 133.02
special police 133.03
false reports to 501.09
Traffic Code enforcement 303.01
vehicle impounding 303.07
POLICE OFFICER (see also LAW
ENFORCEMENT OFFICER)
defined 301.24
false information to 501.02, 501.09
fleeing 303.03, 501.02
impersonating 501.05
obstructing 501.02
traffic order,
compliance with 303.01, 303.03
POOL OR BILLIARD TABLES
license; fee 709.04
PORNOGRAPHY (see OBSCENITY)
PRIVATE CLUBS
license; fee 709.09
night clubs; license, fee 709.22
prohibited acts 521.09
sale to or for minor 521.10
unlawful purchase from 521.10
PRIVATE ROAD
defined 301.25
right of way leaving 341.04, 343.06
PROCURING (see PROSTITUTION)
PROFESSIONALS
license; fee 709.08
PROPANE TANKS 1505.08
PROPERTY
rights of owners 303.08
stolen, dealing with 533.04
31 GENERAL INDEX
PROPERTY DESTRUCTION
monument, boundary 533.05(b)
penalty 533.99
traffic signals 313.07
unlawful 533.05
vehicle collision with property 331.05
PROSTITUTION
detaining person 517.02
operating place of 517.01
pandering 517.03
penalty 517.99
pimping 517.04
PUBLIC SAFETY VEHICLE (see also
EMERGENCY VEHICLE)
following, parking near 349.06
PUBLIC SERVANT (see also
specific official involved)
bonds Chtr.VIII-3, 121.01
Charter
continuation after Chtr.IX-2
existing rights under Chtr.IX-1
compensation 121.03, 121.04
elections (see ELECTIONS)
ethics in government 107.01 et seq.
failure to qualify 121.02
impeachment Chtr.III-6
impersonating 501.05
induction of officers Chtr.II-3
oath of office Chtr.VIII-4
personal interest Chtr.IX-12
term of office Chtr.II-2
PUNCH BOARDS
license; fee 709.26
RADAR
evidence of speed 335.05
RAILROAD
definitions 301.26 et seq.
grade crossing
dangerous 343.02
driving across 343.01
RAILROAD(Cont.)
grade crossing (Cont.)
moving heavy
equipment over 343.04
parking near 361.03(a)(9)
stopping at 343.03
maintenance; drainage 541.04
obstructing crossings 541.01
sign or signal, unauthorized 313.06
speed limit 541.03
tampering with sign or signal 313.07
trespassing
penalty 541.99
prohibited 541.02
REAL ESTATE
agent license; fee 709.27
fair housing (see FAIR HOUSING)
RECKLESS DRIVING 333.03
RECORDER (see also
PUBLIC SERVANT)
City Licensing Officer, as 705.01
Common Council, member of Chtr.I-4
duties Chtr.IV-4
ordinance duties 117.01
personal interest Chtr.IX-12
term of office Chtr.II-2
RECORDS AND REPORTS
accident, vehicle (see ACCIDENT)
bullet damaged vehicle 331.08
hotel occupancy tax 734.10
public availability Chtr.VIII-2
RECREATIONAL VEHICLE (see also
MOTORIZED RECREATIONAL
APPARATUS)
flood plain area, in 1721.06(c)
RECREATION COMMISSIONERS (see
PARK AND RECREATION
COMMISSIONERS, BOARD
OF)
REGISTRATION, MOTOR VEHICLE
card 351.02
improper use 351.05
GENERAL INDEX 32
REGISTRATION, MOTOR
VEHICLE (Cont.)
operation without 351.04
operator or chauffeur license (see
DRIVER'S LICENSE)
plates
display 351.03
rear, illumination 345.05
required 351.01
temporary facsimile 351.04
title certificate required 351.01
RESIDENTIAL DISTRICTS (see
also ZONING DISTRICTS)
bounded by commercial or
industrial districts 1347.02
defined 301.29
lot and area requirements 1325.03
off-street parking 1325.04
Planned Residential
Development 1347.15
speed in 335.01
uses
accessory 1325.02
permitted principal 1325.01(a)
special exceptions 1325.01(b)
RESTAURANT
fraudulently obtaining
food or lodging 533.10
RIGHT OF WAY (see DRIVING)
RIGHT TURN ON RED 313.03(c)(2)
ROLLER SKATES (see TOY VEHICLES)
SAFETY BELT 345.35
SAFETY ZONE
defined 301.33
driving through 349.17
parking in 361.03(a)(8)
SALES
auctions 709.02
fireworks 545.10
fruit or garden produce vendor 709.20
itinerant vendor 709.19
streets or sidewalks,
merchandise display on 905.05
yard and garage sales 719.01
SANITARY BOARD
budget; financial statement 930.07
compensation 930.04
employees, other 930.08
established; composition 930.01
funds 930.06
members, appointment of 930.02
officers; bond 930.03
rules and regulations 930.05
Superintendent 930.08
SANITATION COMMISSIONER
appointment 1101.01
enforcement by 1101.02
SCHOOL
assaulting school employees 529.02
fire drills 1505.06
loitering near 509.02
smoking prohibited in 525.05(e)
speed restrictions near 335.01(b)
SCHOOL BUS (see BUS)
SECOND HAND DEALER
license, fee 709.30
pawnbroker 709.33
SEMITRAILER (see COMMERCIAL
AND HEAVY VEHICLE)
SEWERS
assessment for
sewer construction 935.04
building sewer permits 935.07
City inspections 935.20
connection
inspections 935.10
permits 935.07
required 935.05
requirements 935.08
control manholes,
measuring devices 935.16
definitions 935.01
discharges
grease, oil,
sand interceptors 935.14
industrial waste agreements 935.18
measurements,
tests, analysis 935.17
natural outlets, into 935.03
33 GENERAL INDEX
SEWERS (Cont.)
discharges (Cont.)
preliminary treatment
facilities 935.15
prohibited wastes;
regulations 935.13
storm water,
unpolluted drainage 935.12
water prohibited 935.11
excavations; barricades and warning
lights; restoration 935.09
installation
requirements 935.08
objectionable waste disposal 935.02
penalty 935.99
privy, septic tank, cesspool
private sewage
disposal systems 935.06
prohibitions 935.05
rates 935.21
tampering 935.19
SEXUAL OFFENSES
indecent exposure 517.07
molesting persons 529.05
prostitution (see PROSTITUTION)
voyeurism 517.08
SHOOTING GALLERIES
license; fee 709.32
SHOPLIFTING 533.01
SHORTCUTTING 349.15
SHRUBS (see TREES)
SIDEWALKS
animals driven or led on 917.02
awnings extending over 917.03
covered during construction 905.06
defined 301.37
dimensions and
set of curbstone 917.10
driving on 349.14
electric personal assistive
mobility device on 371.09(c)
SIDEWALKS(Cont.)
fencing, obstructing 905.08
glass, tacks, nails on 905.07
grade 917.09
hedges abutting 923.17
loitering on public property 509.06
maintenance responsibility 917.11
materials and width 917.08
merchandise display on 905.05
parking on 361.03(a)(1)
paving
failure to pave 917.06
order to 917.05
refuse scattered on prohibited 1105.05
repairs 917.07
required use by pedestrian 371.06
responsibility to keep clear
of trash, leaves, etc. 905.04
roller skates, bicycles, etc. on 311.05
roller skates,
bicycles on 311.05, 917.01
rubbish prohibited on 905.03
signs on or near 905.13
snow and ice removal 917.04
vehicle to stop at 331.23
water turned into; nuisance 905.02
SIGNS (see also ADVERTISING)
attaching signs to utility poles 533.12
permit 1353.05
political signs 1317.04
posting handbills; defacement 533.12
street or sidewalk restrictions 905.13
traffic (see TRAFFIC
CONTROL DEVICE)
zoning district regulations
C-H Highway and Integrated
Commercial 1337.03(c)
C-N Neighborhood
Commercial 1329.03(d)
I Industrial Districts 1343.03(c)
residential districts 1325.02(d)
Zoning Ordinance compliance 1317.04
SIREN
prohibited on bicycle 373.07
vehicle 345.21
GENERAL INDEX 34
SKATEBOARDS (see TOY VEHICLES)
SMOKE
unreasonable quantities;
nuisance 1117.08
SMOKING
minors, tobacco usage
restrictions 525.05
SNOW AND ICE
removal 917.04
SNOWMOBILE (see MOTORIZED
RECREATIONAL
APPARATUS)
SOFT DRINKS
manufacture, distribution;
license fee 709.11
SOLICITING
prohibited on highway 371.06
SOLICITOR, CITY
duties; qualifications Chtr.VII-1
SOLICITORS AND CANVASSERS (see
also HAWKERS AND
PEDDLERS; VENDORS)
definition 715.01
enforcement 715.09
permit and license
appeals 715.12
applicant investigation 715.04
application 715.03(a)
bond required 715.07
display 715.08
expiration 715.13
fee adjustment 715.06
fee; fiscal year 715.05
investigation fee 715.03(b)
rejection or issuance 715.04
required 715.02
revocation 715.11
violation reports and records 715.10
SOLID WASTE (see also GARBAGE
AND RUBBISH)
deposits on public or
private property 533.07
SOLID WASTE (Cont.)
dumpster, unauthorized use 533.09
SPEED
construction zones 313.08
limitations 335.03
maximum limits 335.01
racing prohibited 335.04
radar, use of 335.05
railroads 541.03
slow 335.02
SPITTING
prohibited in public places 529.06
STABLES
sanitary requirements 1101.07
STEALING (see SHOPLIFTING; THEFT)
STOP SIGN (see TRAFFIC
CONTROL DEVICE)
STORES
drugstore license; fee 709.05
license; fee 709.12
STREET LAWN
driving over 349.14
STREETS
abandoned or junk
motor vehicle on 361.07
alley (see ALLEY)
animal on 303.06
closed for repair, driving on 349.18
commercial or
heavy vehicle on 347.01
controlled-access
defined 301.06
entering and leaving 337.12
parking on 361.03(a)(16)
curb permit; fee 905.12
dangerous fences
along street lines 905.09
defined 301.06, 301.40
divided, driving procedure 337.11
35 GENERAL INDEX
STREETS (Cont.)
expressway
defined 301.06
entering and leaving 337.12
fencing, obstructing 905.08
glass, tacks, nails on 905.07
hedges abutting 923.17
injurious material, placing on 311.01
load, dropping on 347.04
loitering on public property 509.06
maintenance workers 371.07
merchandise display on 905.05
obstruction 349.19
occupying for
construction purposes 905.06
one-way
driving on 337.08
left turn on red 313.03(c)(3)
openings (see EXCAVATIONS)
parades; assembly on 311.04
parking on (see PARKING)
parking prohibitions 361.03
pedestrian on 371.06
play, designating 311.02
refuse scattered on prohibited 1105.05
rubbish prohibited on 905.03
signs on or near 905.13
snow and ice removal 917.04
speed limits (see SPEED)
structures erected over 905.10
subdivisions, in; acceptance 1385.02
through
right of way 341.03
stop signs 343.05
toy vehicles 311.03
utilities poles 905.11
water turned into; nuisance 905.02
SUBDIVISION REGULATIONS
conformity of subdivision 1369.01
design standards 1381.01
improvements
conditions of acceptance 1385.02
performance guarantees 1385.01
required 1381.02
interpretation 1365.02
SUBDIVISION REGULATIONS(Cont.)
land sale in subdivision 1361.03
plat
building, zoning permit;
occupancy certificate
held 1369.04
conditions of acceptance 1385.02
final plat
approval procedures 1377.01
certificates, affidavits,
approvals 1385.04
requirements 1377.02
preliminary plat
approval 1373.04
notice and hearing 1373.03
notice of action 1373.06
preparation 1373.01
procedure 1373.02
requirements 1373.05
recording 1363.02
revision after approval 1369.06
public improvements 1369.05
purpose and authority 1365.01
variances 1385.03
SWIMMING POOLS
community or club 1347.17
definition 1309.02
private 1347.16
TAKING VEHICLE 349.13
TAMPERING
motor vehicle 349.13
sewage works property
and equipment 935.19
traffic control device 313.07
utilities 533.06
TAXATION (see BUSINESS AND
OCCUPATION TAXES;
FINANCE; HOTEL
OCCUPANCY TAX)
TAXICAB
stands, parking in 361.10
GENERAL INDEX 36
TELEPHONE
harassment 517.06
wireless (see WIRELESS
TELECOMMUNICATION
TOWERS AND
FACILITIES)
TELEVISION
cable (see CATV)
receiver in driver's view 345.28
THEFT
dealing with stolen goods 533.04
petty 533.03
shoplifting 533.01
utilities 533.06
vehicle alarm signal 345.21
THROUGH STREET (see STREET)
TIRES (see VEHICLE EQUIPMENT)
TOBACCO PRODUCTS
minors, usage restrictions 525.05
TOWING
requirements 347.05
TOY VEHICLES
play streets designated 311.02
sidewalks, on 311.05, 917.01
streets, on 311.03
vehicle, attaching to 373.04
TRAFFIC CODE
applicable to
animals 303.06
bicycles 373.01
electric personal assistive
mobility device 371.09(d)
government vehicles 303.04
vehicles on streets,
highways 303.02
definitions Ch. 301
emergency vehicle exceptions 303.05
TRAFFIC CODE (Cont.)
enforcement 303.01
violation
citations; warning citation 303.09
penalty for 303.99
records 303.10
TRAFFIC CONTROL DEVICE
advertising on 313.06
alteration; removal 313.07
avoiding 349.15
Council authority 305.01
damaging 313.07
defined 301.43
flashing signal 313.05
hidden 313.06
lights, description 313.03
obedience required 313.01
parking near 361.03(a)(7)
pedestrian control signal 313.04
signal terms 313.03
stop sign or signal defined 301.44
street construction site 313.02
through street, signs at 343.05
unauthorized 313.06
yield sign 343.10
TRAFFIC SIGNAL (see TRAFFIC
CONTROL DEVICE)
TRAILER
defined 301.23, 301.45
TRAIN (see RAILROAD)
TRAPPING
prohibited 505.18
TREASURER
member of
License Exemption Board 705.21
TREES
abuse or mutilation
of public trees 923.10
37 GENERAL INDEX
TREES (Cont.)
appeals 923.11
Arborist
authority 923.04
duties 923.03
interference with 923.12
compensatory payments 923.15
definitions 923.01
disposal of wood products 923.16
emergencies 923.14
hedges 923.17
intersections, obstructing 923.08
leaves, residential to
keep off sidewalks 905.04
orders 923.09
permit
application data 923.06
required 923.05
placing materials on
public property 923.13
removal, planting, replacement 923.07
Urban Tree Committee 923.02
violation and penalty 923.99
TRESPASS
land or premises 533.02
railroad cars 541.02
vehicles 533.02(b)
voyeurism 517.08
TRUCK (see COMMERCIAL
AND HEAVY VEHICLE)
USE REGULATIONS
accessory uses
C-H Highway and Integrated
Commercial District 1337.03
C-N Neighborhood Commercial
District 1329.03
defined 1309.02
I Industrial Districts 1343.03
R Residential Districts 1325.02
S-C Special
Conservation District 1321.03
Certificate of Zoning
Compliance 1353.02
USE REGULATIONS(Cont.)
commercial and industrial uses 1347.18
compliance required 1317.01
flood plain area 1721.04
nonconforming uses
defined 1309.02
intent of regulations 1349.01
land uses 1349.03
lots of record 1349.02
repairs and maintenance 1349.06
special exceptions 1349.07
structures 1349.04, 1349.05
permitted uses
C-H Highway and Integrated
Commercial District 1337.01
C-N Neighborhood Commercial
District 1329.01
I Industrial Districts 1343.01
LC-N Limited Neighborhood
Commercial District 1333.01
R Residential Districts 1325.01(a)
S-C Special
Conservation District 1321.01
special exceptions
C-H Highway and Integrated
Commercial District 1337.02
C-N Neighborhood Commercial
District 1329.02, 1329.06
I Industrial Districts 1343.02
R Residential Districts 1325.01(b)
S-C Special
Conservation District 1321.02
UTILITIES
attaching signs to poles 533.12
flood plain area 1721.06(h)
poles on streets 905.11
public utility charges; tax
collection; payment;
accounting 739.03
definitions 739.01
effective date; proration 739.03
enforcement 739.07
exemptions 739.05
imposition; levying; amount 739.02
nonliability of utility;
municipal duty 739.06
GENERAL INDEX 38
UTILITIES (Cont.)
public utility charges; tax (Cont.)
notice to utilities 739.08
records; inspection 739.04
refunds 739.06
severability of regulations 739.09
tampering; theft 533.06
U TURN 339.06
VAN, PASSENGER (see MOTOR
VEHICLE)
VEHICLE (see MOTOR VEHICLE)
VEHICLE EQUIPMENT
brakes 345.19
child restraint system 345.31
electric personal assistive
mobility device 371.09(b)
exceptions 345.01(c)
exhaust noise 349.12
farm, road machinery 345.01
horn, signal device noise 527.02
horn, siren 345.21
lights (see VEHICLE LIGHTS)
motorized bicycle 345.29
muffler
exhaust noise 349.12
regulations 345.22
rear-view mirror 345.23
red flag or light on load 345.06
safety belt 345.35
safety glass 345.26
sound amplifying equipment 527.03
suspension system 345.33
theft alarm signal 345.21
tires
peeling 349.12
regulations 345.25
windshield regulations 345.24
VEHICLE LIGHTS
auxiliary driving lights 349.09
back-up 345.11
bicycle 373.07
distance, height measurement 345.03
VEHICLE LIGHTS(Cont.)
electric personal assistive
mobility device 371.09(b)
fender or cowl 345.11
hazard lights 345.11
headlights
multiple-beam 345.12
required 345.04
single-beam 345.14
use of beams 345.13
license plate illuminated 345.05(c)
lighted, time 345.02
motorcycle, motorized bicycle 345.15
number permitted 345.17
parked or stopped vehicle 345.07
slow-moving vehicle
less intensity 345.16
requirements 345.08
special restrictions 345.18
spotlight 345.09
stop lights 345.10
tail light 345.05
turn signals 345.10
two displayed 345.17
VEHICLE LOADS
explosives, transporting 345.27
extension on left side 347.02
leaking or dropping 347.04
obstructing driver's view 349.03
off-street loading 1347.12
projecting
passenger vehicle, on 347.02
red flag or light 345.06
truck loading zones 361.09
VEHICLE SECURITY 349.20
VENDORS (see also HAWKERS AND
PEDDLERS; SOLICITORS
AND CANVASSERS)
license; fee
fruit or garden
produce vendor 709.20
itinerant vendors 709.19
occasional vendor 709.23
VIDEO LOTTERY ESTABLISHMENTS
definition; conditional use
permit 1348.01
VOYEURISM 517.08
39 GENERAL INDEX
WATER
stagnant 1101.03
streets or sidewalks
on; nuisance 905.02
WATERCOURSE
alteration 1721.04(c)
refuse deposits prohibited in 1105.03
solid waste corrupting 533.07
WATERWORKS PLANT AND SYSTEM
bill collections, etc. 941.03
contracts and bonds 941.02
fiscal year; budget;
additional reports 941.04
management and control 941.01
rates 941.06
Superintendent; employees 941.05
WEAPONS
brandishing 545.08
bullet damage to vehicle,
garage to report 331.08
carrying concealed 545.02, 545.03
carrying uncased
or loaded guns 545.13
definitions 545.01
discharging 545.11
display or sale 545.07
machine guns 545.06
missiles, shooting 545.12
penalty 545.99
persons prohibited
from possession 545.04
possession by minors 545.05
shooting gallery license 709.32
WEEDS
nuisance declared 1117.09
WHEELCHAIR (see also ELECTRIC
PERSONAL ASSISTIVE
MOBILITY DEVICE)
defined 301.48
pedestrian, included
in definition of 301.21
WINE (see INTOXICANTS)
WINE DEALERS
prohibited acts 521.11
unlawful purchase 521.12
WIRELESS TELECOMMUNICATION
TOWERS AND FACILITIES
abandonment 1727.19
antenna support structures, on 1727.14
certifications and inspections 1727.16
conflicts 1727.20
definitions 1727.03
exterior finish 1727.10
findings 1727.01
height, method of determining 1727.08
illumination 1727.09
landscaping 1727.11
maintenance 1727.17
purpose of regulations 1727.02
separation or
buffer requirements 1727.07
setbacks 1727.05
site plan development
modifications criteria 1727.18
structural requirements 1727.06
tower development 1727.04
tower modification 1727.15
YARDS
definition 1309.02
district requirements
C-H Highway and Integrated
Commercial 1337.04
C-N Neighborhood
Commercial District 1329.04
I Industrial Districts 1343.04
R Residential Districts 1325.03
S-C Special
Conservation District 1321.04
exceptions 1347.08
projections into 1347.05
restrictions 1317.03
Zoning Ordinance
compliance 1317.02, 1317.03
GENERAL INDEX 40
YARD SALES 719.01
YIELD SIGNS (see TRAFFIC
CONTROL DEVICE)
ZONING APPEALS BOARD
appeals from 1357.10
appeals to; hearings; notice 1357.06
creation; members 1357.01
decision of 1357.09
member terms 1357.02
officers; quorum; employees 1357.04
powers and duties 1357.08
rules and procedures 1357.05
stay of work on premises 1357.07
vacancies 1357.03
ZONING DISTRICTS (see also ZONING
ORDINANCE)
boundaries 1313.03
commercial (see COMMERCIAL
DISTRICTS)
established 1313.01
industrial (see INDUSTRIAL
DISTRICTS)
residential (see RESIDENTIAL
DISTRICTS)
S-C Special Conservation District (see
CONSERVATION DISTRICT,
S-C SPECIAL)
Zoning Map 1313.02
ZONING ORDINANCE
amendments 1361.01
Certificate of Zoning
Compliance 1353.02
conflict and control 1305.05
definitions 1309.01, 1309.02
districts (see ZONING DISTRICTS)
grant of power 1305.01
interpretation 1305.04
lots (see LOTS)
Planned Residential
Development 1347.14
purpose 1305.02
supplementary regulations 1347.01
ZONING ORDINANCE (Cont.)
title, short 1305.03
uses (see USE REGULATIONS)
violations
complaint 1353.06
injunction relief 1353.07
penalty 1353.99
yards (see YARDS)
Zoning Official designated 1353.01
ZONING PERMIT
required; fees 1353.03
Subdivision Regulations
compliance 1369.04
41
COMPARATIVE SECTION TABLE
class=Section73>
EDITOR’S NOTE: Source material for the Codified Ordinances of Glendale was either ordinances or resolutions enacted by Council, or new matter ordained by the Adopting Ordinance. Sections of the Codified Ordinances without any history indicate that such sections contain new matter ordained by the Adopting Ordinance. In the following table, the disposition of all source material in the Glendale Codified Ordinances is indicated.
class=Section74>
Ordinance C.O. Section
4-27-81 511.01 to 511.08, 511.99
1987 Code Sec. C.O. Section
2A-1-2 113.01
2A-1-3 123.01
2B-4-4 117.01
2C-1-1 to 4 121.01 to 121.03
3-1-1 to 50 505.01 to 505.20, 505.99
4-2-1 to 14 1715.01 to 1715.12, 1715.99
5-1-1 to 13 103.01 to 103.13
7-1-1 to 18 105.01, 105.03 to 105.18
9-1-1 to 8 1505.01 o 1505.08
9-2-1 to 4 131.01 to 131.04
9-4-1 to 12 1501.01 to 1501.08
11-1-1 to 6 1105.01 to 1105.05, 1105.99
11-2-1 to 7 1105.06 to 1105.12
11-3-1 to 5 1105.13 to 1105.17
12-1-1 to 8 1101.01 to 1101.08
13-1-1 to 3 111.01 to 111.03
16-1-1 to 9 527.01 to 527.03, 527.99
17-1-9 755.01 to 755.03
17A-1 to 7 745.01 to 745.07
18-1-1 to 9 1117.01 to 1117.09
19A-1-3 509.05
19A-1-4 509.06
19B-1-3,4 529.05, 529.06
19C-1-6 to 8 533.10 to 533.12
19D-1-11 517.99
19E-1-5,6 525.06, 525.99
19G-1-3,4 541.03, 541.04
22-1-1 to 19 151.01 to 151.15
23-1-1 to 3 133.01 to 133.03
25-1-1 to 20 935.01 to 935.20
1987 Code Sec. C.O. Section
26-1-1 to 12 715.01 to 715.12
28-1-1 to 19 905.01 to 905.13
28-2-1 to 9 911.01 to 911.07
28-3-1 to 7 917.01 to 917.04
28-4-1 to 7 917.05 to 917.10
28A-1-1 to 14 923.01 to 923.17, 923.99
29-1-1 to 5 721.01 to 721.03
29-2-1 727.01
29-3-1 to 34 733.01 to 733.34
29-4-1 to 9 739.01 to 739.09
29-5-1 to 3 717.01, 717.02, 717.99
29-6-1 to 4 751.01 to 751.04
30-1-1 to 7 941.01 to 941.06
31-1-1 to 5 135.01 to 135.05
32-1-1 to 3 137.01 to 137.03
Ordinance C.O. Section
9-11-89 107.01 to 107.04
3-25-90 1721.01 to 1721.09
4-9-90 935.99, 1325.01 to 1325.04
4-10-00 935.21
9-25-00 719.01
8-27-01 1727.01 to 1727.11, 1727.14 to 1727.20
11-11-02 1347.06
6-9-03 115.01, 705.01 to 705.26, 709.01 to 709.35
10-13-03 917.11
Adopting 101.01 to 101.08,
Ordinance 101.99, 105.02, 301.01 to 301.48, 303.01 to 303.08, 303.99, 311.01 to 311.04, 313.01 to 313.08, 313.99,
COMPARATIVE SECTION TABLE 42
Ordinance C.O. Section
Adopting 331.01 to 331.08, 331.99,
Ordinance(Cont.) 333.01 to 333.03, 333.99, 335.01 to 335.05, 335.99, 337.01 to 337.12, 337.99, 339.01 to 339.10, 339.99, 341.01 to 341.06, 341.99, 343.01 to 343.09, 343.99, 345.01 to 345.35, 345.99, 347.01 to 347.05, 349.01 to 349.21, 349.99, 351.01 to 351.11, 351.99, 353.01 to 353.06, 353.99, 361.01 to 361.12, 361.99, 371.01 to 371.09, 371.99, 373.01 to 373.09, 373.99, 501.01 to 501.09, 501.99, 505.99, 509.01 to 509.04, 509.99, 513.01 to 513.09, 513.99, 517.01 to 517.10, 517.99, 521.01 to 521.13, 521.99, 525.01 to 525.05, 525.99, 529.01 to 529.04, 529.99, 533.01 to 533.09, 533.99, 541.01, 541.02, 541.99, 545.01 to 545.13, 545.99, 705.99, 715.13, 1305.01 to 1305.05, 1309.01, 1309.02, 1313.01 to 1313.03, 1317.01 to 1317.05, 1321.01 to 1321.04, 1329.01 to 1329.06, 1333.01, 1333.02, 1337.01 to 1337.051343.01 to 1343.05, 1347.01 to 1347.05, 1347.07 to 1347.18, 1349.01 to 1349.07, 1353.01 to 1353.07, 1353.99, 1357.01 to 1357.10, 1361.01, 1365.01, 1365.02, 1369.01 to 1369.06, 1373.01 to 1373.06, 1377.01,
Ordinance C.O. Section
Adopting 1377.02, 1381.02,
Ordinance(Cont.) 1385.01 to 1385.04, 1509.01 to 1509.04, 1509.99, 1709.01, 1709.99
2-9-04 355.01 to 355.99
3-8-04 941.06
4-26-04 935.21
7-26-04 709.01
10-12-04 930.01 to 930.08
1-10-05 CHTR. Art. II,
Secs. 1, 1A
4-25-05 734.01 to 734.99
7-11-05 1348.01
8-22-05 151.16
10-24-05 CHTR. 2.4
1-23-06 105.19
5-22-06 1105.11
10-23-06 1347.06
10-23-06 1347.09
4-23-07 733.01 to 733.35
2-25-08 121.04
9-8-08 751.01
11-10-08 1325.03
12-8-08 139.01 to 139.09
CITY OF GLEN DALE
THE CHARTER
TABLE OF CONTENTS
class=Section2>
ARTICLE I INCORPORATION; BOUNDARIES; POWERS;
FORM OF GOVERNMENT
Section 1. Incorporation.
Section 2. Boundaries.
Section 3. Powers.
Section 4. Form of Government.
ARTICLE II ELECTIONS
Section 1. Conduct of Elections. (1-10-05)
Section 1A. Nominations. (1-10-05)
Section 2. Term of Office.
Section 3. Induction of Officers.
Section 4. Prohibition of Employees from Holding Elective Office. (11-7-06)
ARTICLE III COUNCIL
Section 1. Meetings.
Section 2. Ordinances.
Section 3. Appointment of Officers and Employees.
Section 4. Salaries.
Section 5. Investigations.
Section 6. Impeachment.
Section 7. Audits.
Section 8. Voting.
Section 9. Franchises.
Section 10. Vacancies in Council.
ARTICLE IV MAYOR AND RECORDER
Section 1. Mayor is Chief Executive Officer.
Section 2. Mayor’s Court.
Section 3. Other Duties of the Mayor.
Section 4. Recorder.
2
ARTICLE V BUDGET
Section 1. Fiscal Year.
Section 2. Preparation and Submission of Budget.
Section 3. Budget a Public Record.
Section 4. Public Hearing on Budget.
Section 5. Date of Final Adoption.
ARTICLE VI INITIATIVE AND REFERENDUM
Section 1. Power of Initiative.
Section 2. Power of Referendum.
Section 3. Form of Petitions; Committee of Petitioners.
Section 4. Filing Examination and Certification of Petitions.
Section 5. Amendment of Petitions.
Section 6. Effect of Certification of Referendum Petition.
Section 7. Consideration by Council.
Section 8. Submission to Electors.
Section 9. Form of Ballot for Initiated and Referred Ordinances.
Section 10. Availability of List of Qualified Electors.
Section 11. Results of Election.
Section 12. Repealing Ordinances: Publication.
ARTICLE VII APPOINTIVE OFFICERS
Section 1. City Solicitor.
Section 2. City Engineer.
ARTICLE VIII GENERAL PROVISIONS
Section 1. Council Discussion.
Section 2. Records Available to Public.
Section 3. Bonds.
Section 4. Oath of Office.
Section 5. Effect of This Charter on Existing Law.
ARTICLE IX SUCCESSION
Section 1. Rights of Officers and Employees.
Section 2. Continuation of Officers and Salaries.
Section 3. Continuation of Contracts.
Section 4. Continuation of Legal Proceedings.
Section 5. Effective Date.
Section 6. Amending the Charter.
Section 7. Separability Clause.
Section 8. Administrative Boards.
Section 9. Fees.
Section 10. Bonded Indebtedness and Borrowing.
Section 11. City Improvements. (12-8-08)
Section 12. Personal Interest.
3
CITY OF GLEN DALE
THE CHARTER
ARTICLE I
INCORPORATION; BOUNDARIES; POWERS; FORM OF GOVERNMENT
SECTION 1. INCORPORATION.
The inhabitants of Marshall County in this State, now and hereafter residing within the boundaries prescribed in the next section hereof, or as hereafter established in the manner prescribed by law, shall continue to be a municipal body politic and corporate in perpetuity under the name "City of Glen Dale".
SECTION 2. BOUNDARIES.
The boundaries of said City shall be the same as those established for the Town of Glen Dale, by order of the Circuit Court of Marshall County, West Virginia, entered on February 7, 1924, together with any subsequent expansion or retraction of said boundaries.
SECTION 3. POWERS.
Except as limited by the Constitution and laws of the United States or West Virginia or restricted by this Charter, the City shall have and may exercise all powers, functions, rights, privileges and immunities of every name and nature whatsoever belonging or appertaining to municipal corporations or cities. These shall include, without limitation, the power to acquire property within or without its corporate limits for any City purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation; to sell, lease, mortgage, hold, manage and control such property that its interest may require; to sue and be sued, contract and be contracted with, and to tax all persons and all real and personal property within the City which are subject to taxation under the constitution and laws of West Virginia. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City shall have and may exercise all powers which, under the constitution of this State, it would be competent for this Charter specifically to enumerate.
Art. I §4 CHARTER OF GLEN DALE 4
SECTION 4. FORM OF GOVERNMENT.
A. The elective officers of the City shall be a Mayor, Recorder and five (5) Councilmen at large. The Common Council as defined by subsection (B) hereof, shall appoint the officers names in Article VII below, and shall have power to appoint such other officers as it may choose.
B. The municipal authorities of said City shall consist of the Mayor, Recorder and Councilmen, who together shall form a Common Council, and all the corporate powers of said corporation shall be exercisable by said Council or under its authority except where otherwise provided herein.
ARTICLE II
ELECTIONS
SECTION 1. CONDUCT OF ELECTIONS.
The Municipal election of the City of Glen Dale shall be held on the second Tuesday in May, Two Thousand and Six and biennially thereafter. Every person who is a bona fide resident of said City, and is otherwise a qualified voter, under the Constitution and laws of the State, shall be entitled to vote at such election. The elections shall be held, conducted, returned, and the results ascertained, certified and determined under such rules and regulations as may be prescribed by the Mayor and Council, which shall not be inconsistent with the general laws of the State governing municipal elections, and shall conform as nearly as practicable to such laws. Contested elections shall be heard and determined by the Council, and the proceedings therein shall conform as nearly as may be to similar proceedings in the case of county and district officers. The Council shall be the judge of the election, returns and qualifications of all officers. In case two or more persons receive an equal number of votes for the same office, the Council shall decide by vote which of them shall be returned elected, and shall make their return accordingly.
(Amended 1-10-05)
SECTION 1A. NOMINATIONS.
Any qualified elector of the City who has been a resident of the City for at least one year prior to the beginning of the term of office which he seeks may be nominated for the Council or the office of Mayor or the office of Recorder, by petition. The term "qualified elector" as used in this Charter shall mean a citizen having the qualifications required by law to vote, and who has been a resident of the City for at least thirty (30) days next preceding the election at which he desires to vote. A petition for this purpose shall be signed by not fewer than twenty-five (25) qualified electors of the City. No elector shall sign more than one petition for persons nominated for the office of Mayor, or the office of Recorder, nor shall any elector sign more petitions for persons to be nominated for the Council than the number of Councilmen to be elected at an election, and should an elector do so, his signature shall be void except as to the petition first filed in the case of petitions for Mayor or Recorder, and in the case of Councilmen, his signature shall be valid only as to the number of petitions first filed as there are Councilmen to be elected at the said election. The signatures on the nominating petition need not all be subscribed to on paper, but to each separate paper there shall be attached a signed statement of the circulator thereof, stating the number of signers of such paper and that each signature appended thereto was made in his presence and is the genuine signature or mark of the person whose name it purports to be. With each signature including the signature of the circulator, shall be stated, the place of residence of the signed, giving the street and number or other descriptions sufficient to identify it. The form of the nominating petition shall be substantially as follows:
5 CHARTER OF GLEN DALE Art. II §1A
"We, the undersigned electors of the City of Glen Dale hereby nominate whose residence is for the office of Councilman, (or Mayor, or Recorder), to be voted for at the election to be held on the day of , 20 ; and we individually certify that we are qualified to vote for a candidate for the Council or office of Mayor, or office of Recorder, and that we have not signed any other nominating petition for that office."
Name Street and Address from which last Date of
Number registered (if different) Signing
(Spaces for signature and required date)
"Statement of Circulator"
"The undersigned is the circulator of the foregoing paper containing signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be.
Signature of Circulator
Address ."
Any signature made earlier than the 9th day of January preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the Recorder, not later than the 28th day of January before the election. The Recorder shall make a record of the exact time which each petition is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form:
"Acceptance of Nomination"
"I hereby accept the nomination for the Council and agree to serve if elected.
Signature of Candidate ."
All petitions so filed shall be submitted by the Recorder to the Council no later than its next regular meeting, for its determination as to their sufficiency. If a petition is found insufficient, the Recorder shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions such a petition may be amended and filed again as a new petition (in which case the time of first filing shall be disregarded in determining the validity of signatures thereon) or a different petition may be filed for the same candidate.
(Amended 1-10-05)
Art. II §2 CHARTER OF GLEN DALE 6
SECTION 2. TERM OF OFFICE.
At each biennial election there shall be chosen a Mayor and Recorder who shall each serve for two years. The Council shall consist of five members elected at large, and said members of Council shall be elected for terms of four years, provided, that at the first election held under this Charter, the two Council members receiving the least number of votes of said five Council members shall serve a term of two years only.
SECTION 3. INDUCTION OF OFFICERS.
Each newly elected officer shall take office on the first day of July following his election, and shall continue until replaced by a duly elected officer.
SECTION 4. PROHIBITION OF EMPLOYEES FROM HOLDING ELECTIVE OFFICE.
No employee of the City shall hold an elective office as Mayor, Recorder or Councilperson. City employees may be nominated for elective office, but in the event of their successful election, they must resign their City employment prior to their induction into office.
(Added 11-7-06)
ARTICLE III
COUNCIL
SECTION 1. MEETINGS.
A. The regular meeting of Council shall be held on the second and fourth Monday of each month, at such place in the City as Council may by ordinance appoint. A special meeting of Council may be called by the Mayor, or by such member or members of Council as may be specified by ordinance, but reasonable notice of such meeting shall be given in writing to all of the members who can be found. The call and notice must specify the business of the meeting, and no other business shall be considered. The presence of the majority of the whole number of Councilmen shall be necessary to constitute a quorum for the transaction of business at any meeting, but a smaller number may adjourn from time to time and compel the attendance of absent members in such a way as Council may provide by ordinance. The Council shall, except as herein provided, determine its own rules and order of business. It shall keep a journal of its proceedings. At the request of any Councilman present, the ayes and nays on any question shall be taken and entered upon the journal. All meetings and investigations shall be open to the public.
B. Any Councilman who is unable to be present at any Council meeting shall cause the Recorder to be notified, stating the reason for his inability to be present. Such notice shall be given at least one hour prior to the convening time of Council. Unauthorized absence for an unreasonable number of times from Council meetings shall be grounds for City Council to declare the office of the offending Councilman vacant and to elect a successor. Notice of such intended action shall be given to the offending Councilman in writing, which notice shall state the time and place for a public hearing to be had upon the matter. Council can only act to remove an offending Councilman by two-thirds vote.
SECTION 2. ORDINANCES.
In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be, "The Council of the City of Glen Dale hereby ordains." Ordinance procedure shall be in accordance with the general laws of the State.
7 CHARTER OF GLEN DALE Art. III §9
SECTION 3. APPOINTMENT OF OFFICERS AND EMPLOYEES.
All City officers and employees, including policemen, shall be appointed by the common Council and shall hold office at the pleasure of said Council. The officers appointed shall be those listed in Article VII plus such additional officers as said Council shall from time to time think proper. Council may increase or change the duties of each officer as it may see fit, but shall not abolish the offices and duties specified in this Charter. All acts of appointive officers and employees shall be subject to the control of the Common Council.
SECTION 4. SALARIES.
Said Council shall have power to fix the salaries of all officers both elective and appointive, including its own, and all employees. The salaries of the Mayor, Recorder and Council members may not be increased during their current term of office. Salaries of appointive officers and employees shall be at pleasure of Council.
SECTION 5. INVESTIGATIONS.
The Council or any committee of Council shall have power to inquire into the conduct of any office, department or agency of the City and to make investigation as to municipal affairs and for that purpose may subpoena witnesses, administer oaths, and compel production of books, papers and other evidence. Failure to comply with such orders shall constitute a misdemeanor and shall be punishable by a fine not to exceed $500.00.
SECTION 6. IMPEACHMENT.
Council shall have authority, upon the filing before it by any person of charges in writing alleging official misconduct, malfeasance in office, incompetence, neglect of duty, or gross immorality against any elective officer of the City to make an investigation of such charges. For this purpose also, it may exercise the powers set forth in Section 5 above. The accused shall be entitled to a public hearing, to the assistance of legal counsel and to the right of subpoena of witnesses and documents on his behalf. After such investigation the Council may remove the said officer upon a two-thirds vote. The accused shall not vote on the question.
SECTION 7. AUDITS.
In addition to the regular annual audit made by the State Tax Commissioner, the Council may at any time employ qualified public accountants to make a special independent audit of the finances of the City or of the accounts of any City officer.
SECTION 8. VOTING.
Except as herein provided, all action of the Council shall be by majority vote. No member of the Council shall discuss or vote on any question in which he is interested other than as a citizen of the City.
SECTION 9. FRANCHISES.
Franchises may be granted by the Council allowing to persons or corporations for a limited time such occupancy of portions of the streets and alleys as may be necessary for works of public utility and service. But no such franchises shall hereafter be granted except under the following restrictions and conditions:
A. No ordinance granting any franchise for the using of the streets, alleys or public grounds of the City shall take effect until the following steps are taken in the order named, and each step shall be completed before initiation of the next step:
Art. III §10 CHARTER OF GLEN DALE 8
1. The ordinance shall be proposed in Council.
2. It shall be published in a newspaper of general circulation in Marshall County once a week for two successive weeks.
3. It shall be read at a regular meeting of Council and then laid over at least until the next regular meeting.
B. Every grant of a franchise shall be for a limited period of time. If no limit be expressly provided, the franchise shall be valid for one year only. In no case shall the franchise extend for a period exceeding thirty years.
C. No grant for a franchise shall be made without at the time of making it providing that the grantee, its successors and assigns, shall indemnify the City against all damages caused by the construction of such works. All reasonable additional provisions and conditions shall be made for the protection of the public from unnecessary damage or inconvenience by reason of such works and the operation thereof. Failure of compliance with any condition imposed by the ordinance granting such franchise shall cause said franchise at the option of Council to become null and void.
SECTION 10. VACANCIES IN COUNCIL.
If a vacancy occurs in the office of Councilman, the Council shall by a majority vote of the remaining members appoint a qualified person to fill the vacancy until the next regular election, at which time a Councilman to fill the office so vacated shall be elected.
ARTICLE IV
MAYOR AND RECORDER
SECTION 1. MAYOR IS CHIEF EXECUTIVE OFFICER.
The Mayor shall be the chief executive officer of the City and shall see that all orders, by-laws, ordinances and resolutions of the Council thereof are faithfully executed. He shall have control of the police of the City, and may with the consent of members of Council appoint special officers whenever he deems it necessary, and it shall be his duty to see that the peace and good order of the City are preserved. He shall, subject to action of the members of Council, supervise the work of all appointive officers and employees. He shall from time to time recommend to the members of Council such measures as he may deem needful for the welfare of the City. He shall preside over the meetings of the Council and may cast a vote on all matters before the Council but in case of a tie, he shall cast the tie-breaking vote, unless he has previously voted.
SECTION 2. MAYOR’S COURT.
The Mayor shall act as Municipal Court Judge or may appoint another person, with the approval of Council, as Municipal Court Judge in his place, and shall hold court at such times and places as he may deem necessary, and shall have such jurisdiction and powers as are now or may hereafter be prescribed by law.
A. The Municipal Court Judge shall have jurisdiction over all offenses against or violation of the ordinances of the City, and authority to inflict punishment for such violations in the manner lawfully prescribed by such ordinances upon and against offenders or violators of the same.
9 CHARTER OF GLEN DALE Art. V §2
B. The Municipal Court Judge shall have full power and authority to enforce his orders and judgements, but any process of law which may be necessary and proper for the purpose and all processes, executions, and orders of his court shall be signed by the Mayor. All process and executions shall be directed in the name of the City of Glen Dale as plaintiff to the Chief of Police, and be executed by him or one of his officers at any place within the county. In the execution of any process or order of said court, the Chief of Police or officer shall have the same powers, be governed in his proceedings by the same rules of law, and be subject to the same liabilities as the sheriff of Marshall County, West Virginia, in the performance of like services. There may be charges for the services of such officer, the same fees as the sheriff is entitled to charge for like services, but all such fees, as well as all fines imposed by said Mayor, shall be collected by the Mayor, and accounted for and paid by him to the Treasurer of the City. The City shall in no event be liable for any such fees.
C. The Municipal Court Judge shall have authority to administer oaths within the City.
D. A docket and other books required by the records and a seal shall be provided for the Municipal Court Judge by the Council. Full faith and credit shall be given to the records and certificates of the Municipal Court, in like manner and with the same effect as if the same were records of the Circuit Court similarly authenticated.
SECTION 3. OTHER DUTIES OF THE MAYOR.
The Mayor shall perform such other duties as may be prescribed by this Charter, or required to him by the Council not inconsistent with this Charter.
SECTION 4. RECORDER.
The Recorder shall keep the journal of the proceedings of the Council, and he shall have charge of and preserve the records of the City of Glen Dale.
In the event the Mayor in unable because of illness or absence from the Council meeting to perform the duties of his office, and during any vacancy in the office of Mayor, the Recorder shall perform the duties of the Mayor and be invested with all his power and authority.
The Recorder may cast a vote on all matters before the Council, but in the event he is the presiding officer at any Council meeting, and in case of a tie at such meeting, he shall cast the tie-breaking vote, unless he has previously voted.
ARTICLE V
BUDGET
SECTION 1. FISCAL YEAR.
The fiscal year of the City government shall begin on the first day of July and end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this Charter, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.
SECTION 2. PREPARATION AND SUBMISSION OF BUDGET.
The Mayor and Finance Committee of Council prior to the beginning of each budget year, shall submit to the Council an itemized budget.
Art. V §3 CHARTER OF GLEN DALE 10
SECTION 3. BUDGET A PUBLIC RECORD.
The budget and all supporting schedules shall be a public record in the City Building open to public inspection by anyone.
SECTION 4. PUBLIC HEARING ON BUDGET.
At the first regular Council meeting after submission of the budget, the Council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimate or any item thereof.
SECTION 5. DATE OF FINAL ADOPTION.
The budget shall be finally adopted not later than the 28th day of March in the fiscal year.
ARTICLE VI
INITIATIVE AND REFERENDUM
SECTION 1. POWER OF INITIATIVE.
The electors shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the Council by a petition signed by qualified electors of the City equal in number to at least ten per centum of the registered votes at the last regular municipal election.
SECTION 2. POWER OF REFERENDUM.
The electors shall have power to approve or reject at the polls any ordinance passed by the Council, or submitted by the Council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the Council by initiative petition and passed by the Council without change shall be subject to referendum in the same manner as other ordinances. Within twenty days after the enactment by the Council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the City equal in number to at least ten per centum of the registered voters at the last preceding regular municipal election may be filed with the Recorder requesting that any such ordinance be either repealed or submitted to a vote of the electors.
SECTION 3. FORM OF PETITIONS; COMMITTEE OF PETITIONERS.
All petitions papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petitions papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, and all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they are purported to be.
11 CHARTER OF GLEN DALE Art. VI §8
SECTION 4. FILING EXAMINATION AND CERTIFICATION OF PETITIONS.
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the Recorder as one instrument. Within twenty days after a petition is filed, the Recorder shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified voters. The Recorder shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the Recorder shall certify the results thereof to the Council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings.
SECTION 5. AMENDMENT OF PETITIONS.
An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been set by the Recorder, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The Recorder shall within five days after such an amendment is filed, make examination of the amended petition and if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
SECTION 6. EFFECT OF CERTIFICATION OF REFERENDUM PETITION.
When a referendum petition, or amended petition as defined in Section 5, Article VI, of this Charter, has been certified as sufficient by the Recorder, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors and hereinafter provided.
SECTION 7. CONSIDERATION BY COUNCIL.
Whenever Council receives a certified initiative or referendum petition from the Recorder, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the Council by the Recorder. A referred ordinance shall be reconsidered by the Council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?"
SECTION 8. SUBMISSION TO ELECTORS.
If the Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the Council fail to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than thirty days nor more than one year from the date the Council takes its full vote thereon. The Council may, in its discretion, and if no regular election is to be held within such period, provide for a special election.
Art. VI §9 CHARTER OF GLEN DALE 12
SECTION 9. FORM OF BALLOT FOR INITIATED AND REFERRED ORDINANCES.
Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this Charter shall be submitted by ballot title, which shall be prepared in all cases by the City Solicitor of the City. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, description of the substance of such ordinance. The ballot used in voting upon any ordinance, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE". Immediately at the left of each proposition there shall be a square in which by making a cross (x) the elector may vote for or against the ordinance. Any number or ordinances may be voted on at the same election and may be submitted on the same ballot. A ballot used for voting thereon, shall be for the purpose only.
SECTION 10. AVAILABILITY OF LIST OF QUALIFIED ELECTORS.
If any organization or group requests it for the purpose of circulating descriptive matter relating to the ordinance to be voted on, the Board of Elections or Recorder or other office, department or agency of the City having the list of qualified electors shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof.
SECTION 11. RESULTS OF ELECTION.
If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
SECTION 12. REPEALING ORDINANCES: PUBLICATION.
Initiative and referendum ordinances adopted or approved by the electors shall be published, and be amended or repealed by the Council, as in the case of other ordinances.
ARTICLE VII
APPOINTIVE OFFICERS
SECTION 1. CITY SOLICITOR.
The City Solicitor shall prosecute and defend all suits for or against the City, and when requested to do so shall give his opinion in writing to the Mayor or Council upon such legal questions affecting the City as may be referred to him. He shall in addition perform such other services as Council may require. The Solicitor shall be a duly licensed attorney at law, but need not be a resident of the City.
SECTION 2. CITY ENGINEER.
The City Engineer shall perform such services as Council may require.
13 CHARTER OF GLEN DALE Art. IX §1
ARTICLE VIII
GENERAL PROVISIONS
SECTION 1. COUNCIL DISCUSSION.
The heads of all departments, and such other officers as may be designated by vote of the Council shall be entitled to seats in the Council, but shall have no vote. They shall be entitled to take part in all discussions of the Council relating to their respective officers, departments or agencies.
SECTION 2. RECORDS AVAILABLE TO PUBLIC.
All records, minutes and accounts of every office, department or agency of the City, including the Council, shall be open to inspection by any citizen at all reasonable times and under reasonable regulations established by the Council, except where disclosure would tend to defeat the lawful purpose which they are intended to accomplish.
SECTION 3. BONDS.
Council may require all officers and employees of the City to give bond for the faithful performance of their duties in such reasonable amounts as shall be necessary to protect the City, the citizens, and the general public. Sureties shall be approved by the Council and premiums shall be paid by the City.
SECTION 4. OATH OF OFFICE.
Every officer of the City shall before entering upon the duties of his office take and subscribe to the following oath or affirmation to be filed and kept in the office of the Recorder. "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and the State of West Virginia, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Glen Dale and will faithfully discharge the duties of the office of ."
SECTION 5. EFFECT OF THIS CHARTER ON EXISTING LAW.
A. All legislative and administrative acts or rules hereto adopted by the governing body and administrative agencies of the City of Glen Dale which are inconsistent or in conflict with this Charter, shall continue in force for sixty days after the effective date of the Charter, unless sooner modified or repealed by competent authority; but at the end of this period, shall to the extent of such inconsistency or conflict, be of no further force or effect.
ARTICLE IX
SUCCESSION
SECTION 1. RIGHTS OF OFFICERS AND EMPLOYEES.
Nothing in this Charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the City or of any office, department or agency existing at the time when this Charter shall take effect, or any provision of law in force at the time when this Charter shall take effect and not consistent with the provisions of this Charter, in relation to the personnel, appointment, tenure of office, promotion, removal, civil rights or any other rights or privileges of officers or employees of the City of any office, department or agency thereof.
Art. IX §2 CHARTER OF GLEN DALE 14
SECTION 2. CONTINUATION OF OFFICERS AND SALARIES.
All officers and employees at the time this Charter takes effect shall continue in office and in the performance of their duties and all salaries shall continue as at present until changed.
SECTION 3. CONTINUATION OF CONTRACTS.
All contracts entered into by the City, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and Charter provisions.
SECTION 4. CONTINUATION OF LEGAL PROCEEDINGS.
No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the City or any office, department of agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained.
SECTION 5. EFFECTIVE DATE.
A. Upon the adoption of this Charter, its provisions shall become effective in conformity with West Virginia Code, Chapter Eight, Article Four, Section Five.
B. All ordinances and acts which are not in conflict with this Charter shall remain in full force and effect unless later modified. In so far as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in force when this Charter shall take effect, the provisions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied.
SECTION 6. AMENDING THE CHARTER.
Amendments of this Charter may be made in accordance with the general laws of the State.
SECTION 7. SEPARABILITY CLAUSE.
If any section or part of any section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not effect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparable connected in meaning and effect with the section or part of section to which such holding shall directly apply.
SECTION 8. ADMINISTRATIVE BOARDS.
Whenever it is deemed advisable, the Council shall have authority to create by ordinance and to provide for financial support of any of the separate administrative boards provided for in Chapter Eight of the official Code of West Virginia, as amended, and shall appoint the members of any board so established.
SECTION 9. FEES.
All fees received by any officer or employee shall belong to the City government and shall be paid daily into the City Treasury, except as herein above provided.
15 CHARTER OF GLEN DALE Art. IX §12
SECTION 10. BONDED INDEBTEDNESS AND BORROWING.
The City shall have plenary power and authority to borrow money on the general faith and credit of the municipality for any municipal purpose, in the manner and subject to the limitations provided by law for the issuance of general obligation bonds.
SECTION 11. CITY IMPROVEMENTS.
Any City improvement costing more than $25,000.00 shall be executed by contract, except where authorized to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts shall be awarded to a responsible bidder after proper notice, provided that the Mayor shall have the power to reject all bids and advertise again. Alterations in any contract may be made when authorized by Council.
(12-8-08)
SECTION 12. PERSONAL INTEREST.
No Mayor, Recorder or member of Council or any officer or employee of the City shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the City or to a contractor supplying the City of any land or rights or interests in any land, material, supplies or services. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person or corporation contracting with the City shall render the contract voidable by the Mayor or the Council.
CODIFIED ORDINANCES OF GLEN DALE
PART ONE - ADMINISTRATIVE CODE
CHAPTER ONE - General Provisions
Art. 101. Codified Ordinances.
Art. 103. Emergency Services.
Art. 105. Elections.
Art. 107. Ethics in Government.
CHAPTER THREE - Legislative
Art. 113. Council.
Art. 115. Rules of Council.
Art. 117. Ordinances and Resolutions.
CHAPTER FIVE - Administrative
Art. 121. Officers and Employees Generally.
Art. 123. Mayor.
Art. 125. Recorder.
Art. 127. City Attorney.
Art. 129. City Engineer.
Art. 131. Fire Department.
Art. 133. Police Department.
Art. 135. Board of Park and Recreation Commissioners.
Art. 137. Historic Landmarks Commission.
Art. 139. Building Commission.
CHAPTER SEVEN - Judicial
Art. 151. Municipal Court.
3
CODIFIED ORDINANCES OF GLEN DALE
PART ONE - ADMINISTRATIVE CODE
class=Section3>
class=Section4>
ARTICLE 101
Codified Ordinances
101.01 Designation; citation; 101.05 Construction of section
headings. references.
101.02 General definitions. 101.06 Acts by agent or deputy.
101.03 Rules of construction. 101.07 Conflicting provisions.
101.04 Repeal of repealing act; 101.08 Separability.
effect of repeal. 101.99 General penalty.
CROSS REFERENCES
See sectional histories for similar State law
Maximum penalty permitted - see W. Va. Code 8-11-1, 8-12-5(57)
Authority to impose penalties - see W. Va. Code 8-11-1, 8-12-2(11)
Codification of ordinances - see W. Va. Code 8-11-4(b)
class=Section5>
class=Section6>
101.01 DESIGNATION; CITATION; HEADINGS.
(a) All ordinances of a permanent and general nature of the Municipality as revised, recodified, rearranged, renumbered and consolidated into component codes, chapters, articles and sections shall be known and designated as the Codified Ordinances of Glen Dale, West Virginia, 2003, for which designation "Codified Ordinances" may be substituted. Code, chapter, article and section headings do not constitute any part of the law as contained in the Codified Ordinances.
class=Section7>
101.02 ADMINISTRATIVE CODE 4
class=Section8>
(b) All references to codes, chapters, articles and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code". Sections may be referred to and cited by the designation "Section" followed by the number, such as "Section 101.01".
101.02 GENERAL DEFINITIONS.
As used in the Codified Ordinances, unless otherwise expressly provided or the context otherwise requires:
(a) Council means the legislative authority of the Municipality.
(b) County means Marshall County, West Virginia.
(c) Land or lands and real estate or real property include lands, tenements and hereditaments, and all rights thereto and interests therein except chattel interests.
(d) Laws of the State includes the Constitution of the State and the Constitution of the United States, and treaties and laws made in pursuance thereof. (WVaC 2-2-10)
(e) Municipality or City means the City of Glen Dale, West Virginia.
(f) Offense includes every act or omission for which a fine, forfeiture or punishment is imposed by law. (WVaC 2-2-10)
(g) Owner, when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
(h) Person or whoever includes corporations, societies, associations and partnerships.
(i) Personal estate or personal property includes goods, chattels, real and personal, money, credits, investments and the evidences thereof.
(j) Preceding, succeeding or following used in reference to any section or sections of an article means next preceding, next succeeding or next following that in which such reference is made. (WVaC 2-2-10)
(k) Premises, as applied to property, includes land and building.
(l) Property or estate embraces both real and personal estate.
(WVaC 2-2-10)
(m) Public place includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
(n) Registered mail includes certified mail.
(o) State means the State of West Virginia or any department, division, commission, board, educational or other institution of the State.
(p) Street includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.
(q) Tenant or occupant, as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises alone or with others.
(r) Written or in writing includes any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. But when the signature of any person is required, it must be in his own proper handwriting, or his mark, attested, proved or acknowledged.
(WVaC 2-2-10)
class=Section9>
5 Codified Ordinances 101.04
class=Section10>
101.03 RULES OF CONSTRUCTION.
(a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(b) Gender and Plural. A word importing the singular number only may be applied to several persons or things, as well as to one person or thing; a word importing the plural number only may be applied to one person or thing as well as to several; and a word importing the masculine gender only may be applied to females as well as males.
(WVaC 2-2-10)
(c) Computation of Time. The time within which an act is to be done shall be computed by excluding the first day and including the last, or if the last be a Saturday, Sunday or legal holiday it shall also be excluded.
(WVaC 2-2-3)
(d) Joint Authority. Words purporting to give a joint authority to three or more persons confer such authority upon a majority of them, and not upon any less number.
(WVaC 2-2-10)
(e) Exceptions. The rules of construction shall not apply to any law which contains any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.
101.04 REPEAL OF REPEALING ACT; EFFECT OF REPEAL.
(a) When a law which has repealed another is itself repealed, the former law shall not be revived without express words for that purpose.
(WVaC 2-2-9)
(b) The repeal of a law, or its expiration by virtue of any provision contained therein, shall not affect any offense committed, or penalty or punishment incurred, before the repeal took effect or the law expired, save only that the proceedings thereafter shall conform as far as practicable to the laws in force at the time such proceedings take place, unless otherwise specially provided; and that if any penalty or punishment be mitigated by the new law, such new law may, with the consent of the part affected thereby, be applied to any judgment pronounced after it has taken effect.
(WVaC 2-2-8)
(c) The repeal by any provision of the Codified Ordinances of an ordinance validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal, but no further.
(WVaC 2-2-11)
class=Section11>
101.05 ADMINISTRATIVE CODE 6
class=Section12>
101.05 CONSTRUCTION OF SECTION REFERENCES.
When reference is made to any section or group of sections of the Codified Ordinances, such reference shall extend to and include any amendment of or supplement to the section or group of sections so referred to or any section or sections hereafter enacted in lieu thereof; and unless otherwise provided, whenever a reference to a section or group sections is made in any amendment or supplement to any section of the Codified Ordinances hereafter enacted, such reference shall be deemed to refer to the section or sections as the same shall then stand or as thereafter amended.
Whenever in a penalty section reference is made to a violation of a section or an inclusive group of sections, such reference shall be construed to mean a violation of any provision of the section or sections included in such reference.
References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.
If a section refers to a series of numbers or letters, the first and the last number or letters in the series are deemed to be included.
101.06 ACTS BY AGENT OR DEPUTY.
When a section requires that an act be done by an officer or person, it shall be sufficient if it be done by his agent or deputy, unless it be such as cannot lawfully be done by deputation.
(WVaC 2-2-5)
101.07 CONFLICTING PROVISIONS.
If the provisions of different codes, articles or sections of the Codified Ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
101.08 SEPARABILITY.
Each section of the Codified Ordinances and every part of each section is an independent section and part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause does not affect the validity or constitutionality of any other section or part thereof.
101.99 GENERAL PENALTY.
Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. Each day any such violation continues shall constitute a separate offense.
7
ARTICLE 103
Emergency Services
103.01 “Emergency services” defined.
103.02 Policy and purpose of chapter.
103.03 City organization established.
103.04 City Emergency Services
Council established; composition;
appointment and term of
members; bipartisan character.
103.05 City Emergency Services Council
Chairman; compensation of
members; duties.
103.06 Director of Emergency Services;
appointment; powers and duties
in general.
103.07 Director of Emergency Services;
specific powers and duties.
103.08 Mutual aid arrangements.
103.09 Authority to accept services,
gifts, grants and loans.
103.10 Utilization of existing services,
personnel and facilities.
103.11 Political activity prohibited.
103.12 Loyalty of emergency services
personnel; oath required.
103.13 Obedience to and enforcement
of rules and orders of Director.
CROSS REFERENCES
Emergency services - see W. Va. Code Art. 15-5
103.01 "EMERGENCY SERVICES" DEFINED.
For the purposes of this article, the term “emergency services” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes. These functions include, without limitations, fire-fighting services, police service, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other special weapons, defense, evacuation of persons from stricken area, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for the carrying out of the foregoing functions. Disaster includes the imminent threat of disaster as well as its occurrence and any power or authority exercisable on account of a disaster may be exercised during the period when there is an imminent threat thereof.
(1987 Code §5-1-1.)
103.02 POLICY AND PURPOSE OF CHAPTER.
In view of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake or other natural causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary:
103.03 ADMINISTRATIVE CODE 8
(a) To create a City Emergency Services Organization;
(b) To provide for the rendering of mutual aid to other cities within the State, and if necessary and only under a compact approved by the governor, the neighboring cities and counties of another State;
(c) To cooperate with the State government with respect to carrying out emergency services functions.
It is further declared to be the purpose of this article and the policy of this City that all emergency services functions of this City be coordinated to the maximum extent with the State government, including its various departments and agencies, with other cities and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of this City's manpower, resources and facilities for dealing with any disaster that may occur.
It is further declared to be the purpose of this article and the policy of this City to organize a civil defense organization in conformity with the West Virginia emergency services plan as directed by the Code of West Virginia, 15-5-8.
(1987 Code §5-1-2.)
103.03 CITY ORGANIZATION ESTABLISHED.
Pursuant to authority contained in the Code of West Virginia, 15-5-8, there is hereby established the City Emergency Services Organization, which shall be subject to the regulations and exercise the powers set out in this article, and which shall be subject to all applicable provisions of law and regulations and orders issued pursuant to law.
(1987 Code §5-1-3.)
103.04 CITY EMERGENCY SERVICES COUNCIL ESTABLISHED;
COMPOSITION; APPOINTMENT AND TERM OF
MEMBERS; BIPARTISAN CHARACTER.
There is hereby established the City Emergency Services Council, which shall consist of five citizens appointed by the City Council, not more than three of whom shall be members of the same political party. Members shall serve for a term of two years and until their successors are appointed and qualified. In July of each odd-numbered year, two members shall be appointed, and in July of each even-numbered year, three members shall be appointed.
(1987 Code §5-1-4.)
103.05 CITY EMERGENCY SERVICES COUNCIL CHAIRMAN;
COMPENSATION OF MEMBERS; DUTIES.
The Mayor shall serve as chairman of the City Emergency Services Council and the members thereof shall serve without compensation. The City Emergency Services Council shall be responsible for and have general direction and control of the emergency services of the City and have such other powers as are granted and conferred by this article and by law.
(1987 Code §5-1-5.)
103.06 DIRECTOR OF EMERGENCY SERVICES; APPOINTMENT; POWERS AND DUTIES IN GENERAL.
(a) The Mayor shall appoint a Director of Emergency Services who shall perform such duties as are imposed upon him by this article and as may lawfully be delegated to him by competent authority.
9 Emergency Services 103.07
(b) The Director of Emergency Services shall coordinate the activities of all organizations for emergency services within this City and shall maintain liaison with and cooperate with the emergency services agencies and organizations within the State and within the state government. When such authority is delegated to him by the Mayor such Director shall have direct responsibility for the organization, administration, training, equipment and operation of the City Organization for Emergency Services, subject to the direction and control of the Mayor.
(1987 Code §5-1-6.)
103.07 DIRECTOR OF EMERGENCY SERVICES; SPECIFIC
POWERS AND DUTIES.
(a) In performing his duties under this article, the Director of Emergency Services is authorized to cooperate with the state government, with other cities and counties, and with private agencies in all matters pertaining to the emergency services of the City and of the State.
(b) In performing his duties under this article and to effect its policy and purpose, the Director of Emergency Services is further authorized and empowered;
(1) To make, amend and rescind the necessary orders rules and regulations to carry out the provisions of this article within the limits of the authority conferred upon him, with due consideration of the plans of the state government;
(2) To prepare a comprehensive plan and program for the emergency services of this City, such plan and program to be integrated into and coordinated with the emergency services plans of the state government, and of other cities and counties within the State to the fullest extent;
(3) In accordance with such plan and program for the emergency services of this City, to procure supplies and equipment, to institute training programs and public information programs, and to take all other preparatory steps including the partial or full mobilization of the emergency services organization in advance of actual disaster to insure the furnishing of adequately trained and equipped forces of emergency services personnel in the time of need;
(4) To make such studies and surveys of the industries, resources and facilities in this City as may be necessary to ascertain the capabilities of the City for emergency services, and to plan for the most efficient use thereof;
(5) On behalf of this City, to enter into mutual aid arrangements with other cities and counties within this State, and also, with the approval of the governor, with emergency services agencies or organizations of other states, for reciprocal emergency services aid and assistance in case of disaster too great to be dealt with unassisted;
(6) To delegate any administrative authority invested in him under this article, and to provide for the subdelegation of any such authority; and
103.08 ADMINISTRATIVE CODE 10
(7) To cooperate with the governor and with the State Department of Emergency Services mobilization and with officials and agencies of other cities and counties within the State, in matters pertaining to the emergency services of the City and State, including the direction or control of:
A. Blackouts and practice blackouts, air raid drills, mobilization of emergency services forces, and other tests and exercises;
B. Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
C. The effective screening or extinguishing of all lights and lighting devices and appliances;
D. Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
E. The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, during, prior and subsequent to drills or attack;
F. Public meetings or gatherings; and
G. The evacuation and reception of the civilian population.
(1987 Code §5-1-7.)
103.08 MUTUAL AID ARRANGEMENTS.
(a) The Director of Emergency Services may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency services aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency services plan and program, and in the time of emergency, it shall be the duty of the City Organization for Emergency Services to render assistance in accordance with mutual aid agreements.
(b) The Director of Emergency Services may, subject to the approval of the governor, enter into mutual aid arrangements with emergency services agencies or organizations in other states for reciprocal emergency services aid and assistance in case of disaster too great to be dealt with unassisted.
(1987 Code §5-1-8.)
103.09 AUTHORITY TO ACCEPT SERVICES, GIFTS, GRANTS
AND LOANS.
(a) Whenever the federal or state government or any agency or officer thereof shall offer to this City services, equipment, supplies, materials or funds by way of gift, grant or loan for the purpose of emergency services, the City acting with the consent of the governor and through the Mayor, may accept such offer and upon such acceptance, the Mayor may authorize any officer of the City to receive such services, equipment, supplies, materials, or funds on behalf of the City, and subject to the terms of the offer and the rules and regulations if any of the agency making the offer.
(b) Whenever any person shall offer to this City any services, equipment, supplies, materials or funds by way of gift or loan for purposes of emergency services, the City, acting through the Mayor, may accept such offer, and upon such acceptance, the Mayor may authorize any officer of the City to receive such services, equipment, supplies, materials or funds on behalf of the City, and subject to the terms of the offer.
(1987 Code §5-1-9.)
11 Emergency
Services 103.12
103.10 UTILIZATION OF EXISTING SERVICES, PERSONNEL AND
FACILITIES.
In carrying out the provisions of this article, the Director of Emergency Services is directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the City to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Director of Emergency Services and to the City Emergency Services Organization upon request.
(1987 Code §5-1-10.)
103.11 POLITICAL ACTIVITY PROHIBITED.
No organization for emergency services established under the authority of this article shall participate in any form of political activity, now shall it be employed directly or indirectly for political purposes.
(1987 Code §5-1-11.)
103.12 LOYALTY OF EMERGENCY SERVICES PERSONNEL;
OATH REQUIRED.
No person shall be employed or associated in any capacity in the City Emergency Services Organization who advocates or had advocated a change by force or violence in the constitutional form of the government of the United States or of this State, or of this City, of the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in this organization for civil defense shall, before entering upon his duties, take an oath in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I, , DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES, AND THE CONSTITUTION OF THE STATE OF WEST VIRGINIA, AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME; AND I TAKE THIS OBLIGATION FREELY, WITHOUT ANY MENTAL RESERVATION FOR PURPOSE OF EVASION; AND THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER.
AND I DO FURTHER SWEAR (OR AFFIRM) THAT I DO NOT ADVOCATE, NOR AM I A MEMBER OF ANY POLITICAL PARTY OR ORGANIZATION THAT ADVOCATES THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES, OR OF THIS STATE, BY FORCE OR VIOLENCE; DURING SUCH TIME AS I AM A MEMBER OF THIS EMERGENCY SERVICES ORGANIZATION, I WILL NOT ADVOCATE OR BECOME A MEMBER OF ANY POLITICAL PARTY OR ORGANIZATION THAT ADVOCATES THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES, OR OF THIS STATE, BY FORCE OR VIOLENCE."
(1987 Code §5-1-12.)
103.13 ADMINISTRATIVE CODE 12
103.13 OBEDIENCE TO AND ENFORCEMENT OF RULES AND
ORDERS OF DIRECTOR.
It shall be the duty of the City Organization for Emergency Services and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Director of Emergency Services under authority of this article. Such organization shall have available for inspection at their officers all orders, rules and regulations made by the Director of Emergency Services under his authority.
(1987 Code §5-1-13.)
13
ARTICLE 105
Elections
105.01 Qualification of voters.
105.02 State election and voter
registration laws applicable
to City elections; when general
City elections held.
105.03 Integration registration.
105.04 Designation of precincts and
polling places.
105.05 Publication of election notices
and information to be given.
105.06 Publication of sample ballots.
105.07 Records of registration of voters.
105.08 Supply of essential election
articles.
105.09 Preservation of peace and
good order at polls.
105.10 Recordation of election results
and notification of elected
persons; tie votes.
105.11 Contested elections.
105.12 Failure of elected persons to
qualify.
105.13 Offenses relating to elections.
105.14 Withdrawals; uniform drawing
date.
105.15 Canvass of returns; declaration
of results; recounts; record
keeping.
105.16 Setting of filing fees.
105.17 Appointment of election officials.
105.18 Pay of election officials.
105.19 Calculation of ballots.
CROSS REFERENCES
Elections - see CHTR. Article II
Municipal elections - see W. Va. Code 3-1-2a
Municipal voting precincts - see W. Va. Code 3-1-6
Municipal precinct registration records - see W. Va. Code 3-1-27
Absentee voting in municipal elections - see W. Va. Code 3-3-13
Integration of municipal elections with systems of permanent
registration - see W. Va. Code 8-5-13
Special elections - see W. Va. Code 8-5-15a
105.01 QUALIFICATION OF VOTERS.
Every citizen of the State who is entitled under the Constitution and laws thereof to vote at any State election, and who shall have been a bona fide resident of the City of Glen Dale for thirty days next preceding any City election, shall be entitled to vote at such City election.
(1987 Code §7-1-1.)
105.02 ADMINISTRATIVE CODE 14
105.02 STATE ELECTION AND VOTER REGISTRATION LAWS
APPLICABLE TO CITY ELECTIONS; WHEN GENERAL
CITY ELECTIONS HELD.
For the purpose of the general municipal elections to be held in the City on the second Tuesday in June, 1994, and on the second Tuesday in June in each even numbered year thereafter, and for the purpose of such special municipal elections as may be held at any time, all of the provisions of Chapter 3 of the Code of West Virginia, insofar as such provisions are applicable, are hereby adopted to govern the conduct of such elections. In the conduct of elections held hereunder such elections shall be and they are hereby integrated with the system of permanent registration of voters of the State of West Virginia, and all of the provisions of the laws relating thereto, insofar as they shall be applicable, are hereby adopted for the conduct of such elections.
105.03 INTEGRATION REGISTRATION.
The registration of voters shall be integrated with the system of permanent registration of voters by West Virginia Code Chapter 3, Article 2, Section 1 et seq. No voter otherwise qualified shall be permitted to vote an unchallenged ballot at any election within the Municipality unless he or she is duly registered under the provisions of West Virginia law. The registration records shall be maintained by and shall remain in the possession of the Clerk of the County Commission, except for use in municipal elections. (1987 Code §7-1-2(A).)
105.04 DESIGNATION OF PRECINCTS AND POLLING PLACES.
The City Council shall, for time to time as may be necessary, establish election precincts within the City and designate the polling places therein, and all persons entitled to vote in City elections who are registered under the Permanent Registration Law by the County and qualified under Section 105.01 shall cast their ballots at the polling place so designated.
(1987 Code §7-1-3.)
105.05 PUBLICATION OF ELECTION NOTICES AND INFORMATION
TO BE GIVEN.
It shall be the duty of the Mayor to proclaim the holding of each City election by publication once a week for two weeks prior to such election, in a newspaper of general circulation in the City, and the second publication shall be not less than three days prior to such election. This notice shall state the date of the election, the purpose thereof, the hours during which the polls shall be open, the respective polling places, a general definition of the boundaries of each precinct, and such other information concerning the election as may be required by State Law, this Code or other ordinance, or by the City Council. (1987 §7-1-4.)
105.06 PUBLICATION OF SAMPLE BALLOTS.
The Recorder shall cause to be published once before each City election, in a newspaper of general circulation in the City, a sample ballot, listing the names of all candidates in that election, or the questions to be voted upon, as the case may be. The publication shall be made not less than ten days prior to the date of the election, nor more than thirty days prior to the election.
(1987 Code §7-1-5.)
105.07 RECORDS OF REGISTRATION OF VOTERS.
At least three days prior to each City election, it shall be the duty of the Recorder to procure from the office of the Clerk of the County Commission the municipal registration records necessary for the conduct of such election. Such records shall, within ten days after the date of each such election, be returned to the office of the Clerk of the County Commission by the Recorder. (1987 Code §7-1-6.)
15 Elections 105.12
105.08 SUPPLY OF ESSENTIAL ELECTION ARTICLES.
It shall be the duty of the Recorder to provide and deliver to the Election Commissioners, at each place of voting, and in due time, suitable poll books, with the oaths of the Commissioners and clerks written or printed thereon, or upon a paper attached thereto; and, also all needed ballot boxes, tally papers, and whatever else is necessary for holding the election and making due return thereof. (1987 Code §7-1-7.)
105.09 PRESERVATION OF PEACE AND GOOD ORDER AT POLLS.
The Election Commissioners shall preserve peace and good order at and near the several places of voting, and keep the way to and from the polls clear and free from obstruction. The Commissioners may direct any disorderly person to be removed therefrom by any police officer of the City, or any person deputed by them for the purpose, and taken before the judge of the police court or any magistrate, to be dealt with according to law. Any person so removed or arrested shall first be allowed to vote, if entitled, and if prepared to do so promptly.
(1987 Code §7-1-8.)
105.10 RECORDATION OF ELECTION RESULTS AND NOTIFICATION
OF ELECTED PERSONS; TIE VOTES.
At the next regular meeting of the City Council after any election, or at a special meeting thereof called for the purpose, the Recorder shall submit to the City Council the certificates returned to him by the Election Commissioner, and, under the direction of the Council, the result shall be entered upon the minutes, and written or printed notice given to the persons, respectively, appearing to have been elected. In case any two or more of the persons voted for, for any office, appear to have received each an equal number of votes, so that the election, in that instance, is not decided by the returns, notice of the fact shall be given to each of such persons.
(1987 Code §7-1-9.)
105.11 CONTESTED ELECTIONS.
(a) Tie Votes; Recounts; Preservation of Ballots. Proceedings in contested election cases shall be brought before, and heard and determined by, the newly Elected City Council, any tie between two or more persons voted for shall be decided by such Council, by electing one of such persons. When deemed necessary and advisable, it may order the envelope containing the ballots of any election precinct to be opened, and the ballots, under its supervision, recounted; and generally, may take proper measure for ascertaining the true result of the election in any given case. At the end of one year after any election, the ballots of such election shall be destroyed by the Recorder.
(b) Procedure When Voter's Registration Challenged. In case of a contested election, the registration record of any challenged voter may be obtained from the Clerk of the County Commission by the City Council to determine the contest. Such records shall be returned by the Recorder to the office of the Clerk of the County Commission within a reasonable time after the contest shall have been finally decided.
(1987 Code §§ 7-1-10, 7-1-11.)
105.12 FAILURE OF ELECTED PERSONS TO QUALIFY.
If any person elected to the City Council shall fail to qualify within twenty days after his election, he shall be deemed to have refused to do so, and the office shall be treated as vacant.
(1987 Code §7-1-12.)
105.13 ADMINISTRATIVE CODE 16
105.13 OFFENSES RELATING TO ELECTIONS.
Any person who shall willfully disturb or obstruct the Election Commissioners of any City election in the discharge of their duties; or who shall prevent, or endeavor to prevent, forcibly or otherwise any voter from giving in his vote at the proper time and place of voting at such election; or who shall raise, or participate in any riot, or engage in, or aid, assist or encourage riotous or disorderly proceedings or demonstrations, at or near the place of voting, on the day of any City election; any person who shall willfully fail or refuse to obey any order or direction of the Election Commissioners for the removal of any disorderly persons from any place of voting; or who shall, within three hundred feet of any place of voting, give to any other person a ballot to be used in voting, or who shall call back any voter who has approached within three hundred feet of any place of voting with the intention of voting, and inspect or change the ballot of such a voter, or give, or offer to give, such voter another or different ballot, shall be guilty of an offense against this section.
(1987 Code §7-1-13.)
105.14 WITHDRAWALS; UNIFORM DRAWING DATE.
(a) A candidate who has filed a certificate of announcement and wishes to withdraw and decline to stand as a candidate for the office shall file a signed and notarized statement of withdrawal with the same officer with whom the certificate of announcement was filed. If such statement of withdrawal is received not later than seven (7) weekdays after the last day of the month of March, the name of a candidate who files that statement of withdrawal may not be printed on the ballot. No candidate who files a statement of withdrawal after that time may have his or her name removed from the ballot.
(b) Upon request of the candidate's family, the Clerk of the City may remove the name of a candidate who dies before the ballots are printed. If a candidate dies after the ballots are printed, but before the election, the Clerk of the City shall give a written notice which shall be posted with the sample ballot at each precinct in the City to the following effect:
"To the Voter: (Name) of (Residence), a candidate for (Office) is deceased."
(c) Except for office divisions in which no more than one person has filed a certificate of announcement, the arrangement of names for all offices shall be determined by lot according to the following provisions:
(1) On the third day following the close of the candidate filing (exclusive of weekend days and holidays), beginning at nine o'clock a.m., a drawing by lot shall be conducted in the office of the Clerk of the City. Notice of the drawing shall be given on the form for the certificate of announcement, and no further notice shall be required. The Clerk of the City shall superintend and conduct the drawing, and the method of conducting the drawing shall be prescribed by as follows:
A. The position of each candidate within each office division shall be determined by the position drawn for that candidate individually: provided, that if fewer candidates file for an office division than the total number to be nominated or elected, the vacant positions shall appear following the names of all candidates for the office.
17 Elections 105.15
B. The names of the candidates shall be assigned to numbered balls which will then be placed into a tumbler for drawing order.
C. The candidates names shall be assigned to the balls using alphabetical order and numerical order, to-wit: the first letter of the last name of the candidate shall be assigned alphabetically to the first available number; the first alphabetical name will receive the number 1, the second alphabetical name will receive the number 2, the third alphabetical name will receive number 3, and so on.
D. The process provided for in the previous paragraph shall continue until all names have been assigned a number.
E. A candidate or the candidate's representative may attend the drawings.
(d) This section is to read in para materia with the other ordinances of the City of Glen Dale concerning elections.
(e) In all other particulars, when no specific provision is made in this article for the control, conduct and government of any phase of elections, resort shall be had to other provisions of the City of Glen Dale which may be applicable thereto in controlling thereof.
(f) If any provisions of this section shall be declared invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not invalidate any other provisions of this article. The City of Glen Dale hereby declares that they would have adopted each and every portion of this article separately regardless of the possible validity of any part thereof.
(g) Any ordinance, statute or municipal regulations heretofore adopted and otherwise not incorporated into this article which in any manner conflicts with any provisions of this section are hereby repealed to the extent of such conflict.
(1987 Code §7-1-14.)
105.15 CANVASS OF RETURNS; DECLARATION OF RESULTS; RECOUNTS;
RECORD KEEPING.
The Election Commissioners shall be ex officio a board of canvassers, and, as such, shall keep in a well-bound book, marked "Election Record," a complete record of all their proceedings in ascertaining and declaring the results of every election. They shall convene as the canvassing board at the Council Chambers on the fifth day (Sundays excepted) after every election held in the City, and the officers in whose custody the ballots, poll books, registration records, tally sheets and certificates have been placed shall lay them before the Board for examination. They may, if considered necessary, require the attendance of any of the Commissioners, poll clerks, or other persons present at the election, to appear and testify respecting the same, and make such other orders as shall seem proper, to procure correct returns and ascertain the true results of the election in the City; but in this case all the questions to the witnesses and all the answers thereto, and evidence, shall be taken down in writing and filed and preserved. All orders made shall be entered upon the record. They may adjourn from time to time, but no longer than absolutely necessary, and when a majority of the Commissioners are not present, their meeting shall stand adjourned until the next day, and so from day to day, until a quorum is present. All meetings of the Commissioners sitting as a Board of Canvassers shall be open to the public. The Board shall
105.15 ADMINISTRATIVE CODE 18
proceed to open each sealed package of ballots so laid before them, and, without unfolding them, count the number in each package and enter the number upon their record. The ballots shall then be again sealed up carefully in a new envelope, and each member of the Board shall write his name across the place where the envelope is sealed. After canvassing the returns of the election, the Board shall publicly declare the results of the election; however, they shall not enter an order certifying the election results for a period of forty-eight hours after the declaration.
(a) Within the forty-eight hour period, a candidate voted for at the election may demand the Board to open and examine any of the sealed packages of ballots, and recount them; but in such case they shall seal the ballots again, along with the envelope above named, and the Recorder and each member of the Board shall write his name across the places where it is sealed, and endorse in ink, on the outside: "Ballots of the election held at precinct No. in the City of Glen Dale, and County of Marshall, on the ______day of _______ _____." In computing the forty-eight hour period as used in this section, Saturdays, Sundays and legal holidays shall be excluded: provided, that at the end of the forty-eight hour period, an order shall be entered certifying all election results except for those offices in which a recount has been demanded.
(b) If a recount has been demanded, the Board shall have an additional twenty-four hours after the end of the forty-eight hour period, in which to send notice to all candidates who file for the office in which a recount has been demanded, of the date, time and place where the Board will convene to commence the recount. The notice shall be served under the provisions of subdivision (c) of this section. The recount shall be set for no sooner than three days after the service of notice: provided, that after the notice is served, candidates so served shall have an additional twenty-four hours in which to demand a recount of precincts not requested to be recounted by the candidate originally requesting a recount of ballots cast: provided, however, that there shall be only one recount of each precinct, regardless of the number of requests for a recount of any precinct. A demand for the recount of ballots cast at any precinct may be made during the recount proceedings only by the candidate originally requesting the recount and those candidates who notify the Board, pursuant to this subdivision, of their intention to preserve their right to demand a recount of additional precincts.
(c) The Chief of Police shall deliver a copy thereof in writing to the candidate in person; or if the candidate is not found, by delivering the copy at the usual place of abode of the candidate, and giving information of its purport, to the spouse of the candidate or any other person found there who is a member of his family and above the age of sixteen years; or if neither the spouse of the candidate nor any other person be found there, and the candidate is not found, by leaving the copy posted at the front door of the place of abode.
(d) Every candidate who demands a recount shall be required to furnish bond in a reasonable amount with good and sufficient surety to guarantee payment of the costs and expenses of such recount in the event the result of the election is not changed by the recount; but the amount of the bond shall in no case exceed three hundred dollars ($300.00).
19
Elections
105.19
When they have made their certificates and declared the results as hereinafter provided, they shall deposit the sealed packages of ballots, absent voter ballots, registration records, poll books, tally sheets and precinct certificates with the Clerk of the County Commission from whom they were received, who shall carefully preserve them for twenty-two months, and if there is not a contest pending as to any election, and their further preservation is not required by any order of a court, the ballots, poll books, tally sheets and certificates shall be destroyed by fire or otherwise, without opening the sealed packages of ballots; and if there is a contest pending, then they shall be so destroyed as soon as the contest is ended.
If the result of the election is not changed by the recount, the costs and expenses thereof shall be paid by the party at whose instance the recount was made.
(1987 Code §7-1-15.)
105.16 SETTING OF FILING FEES.
Any candidate filing for election to office shall, at the time of filing his nominating petition, pay a filing fee of twenty-five dollars ($25.00). This filing fee shall apply to each elected office of the City of Glen Dale.
(1987 Code §7-1-16.)
105.17 APPOINTMENT OF ELECTION OFFICIALS.
(a) The Clerk of the City of Glen Dale is hereby appointed the Deputy Recorder of the City of Glen Dale.
(b) The Deputy Recorder shall nominate election officials to the City Council for appointment giving due consideration to any recommendations made by voters of the City or by candidates on the ballot.
(c) The Council of the City of Glen Dale shall appoint election officials for each designated Board no later than the 49th day before the election.
(1987 Code §7-1-17.)
105.18 PAY OF ELECTION OFFICIALS.
(a) All election officials shall be required to attend election school and shall be paid twenty-five dollars ($25.00) for their attendance.
(b) All election officials shall be paid one hundred dollars ($100.00) for working on election day.
(1987 Code §7-1-18.)
105.19 CALCULATION OF BALLOTS.
Ballots from municipal elections held contemporaneously with County elections shall be calculated by the County’s election equipment.
(1-23-06)
21
ARTICLE 107
Ethics in Government
107.01 Governmental Ethics Act adopted. 107.03 Provisions not applicable.
107.02 Statutory sections adopted. 107.04 Amendments to state statutes.
CROSS REFERENCES
Governmental Ethics Act - see W.Va. Code Art. 6B
107.01 GOVERNMENTAL ETHICS ACT ADOPTED.
Council hereby finds that the purposes of the West Virginia Governmental Ethics Act have reasonable, necessary and appropriate application to matters involving all elected and appointed municipal officials and employees, whether full or part-time, who derive a salary, payment of wages or other direct remuneration from the Municipality, and does now hereby affirm, ratify and adopt such state defined purposes as being the same purposes of this municipal government ethics article, without specifically republishing such state purposes herein.
(Ord. 9-11-89)
107.02 STATUTORY SECTIONS ADOPTED.
Council further hereby finds that for the purpose of assisting in the administration of the provisions of this article, that various statutory sections of the aforesaid State Act shall be hereby expressly adopted and incorporated as provisions of this article, except as otherwise expressly provided herein, and which state statutory sections specifically hereby adopted and incorporated herein are as follows: Sections 6B-1-1 to 5; and Section 6B-2-5.
(Ord. 9-11-89)
107.03 PROVISIONS NOT APPLICABLE.
Notwithstanding the affirmation and adoption of the purposes of the State Act and further the specific adoption of the selected, statutory sections which were immediately hereinbefore set forth in Section 107.02 hereof, Council specifically finds that certain statutory provisions of the aforesaid State Act are either inapplicable to the administration of this article or would otherwise be unduly burdensome for the City to require and administer, and specifically, Council finds that the purposes of the State Act and of this article can be effectively executed at the municipal level without the specific adoption and incorporation of the statutory provisions of West Virginia Code 6B-2-6 and 6B-2-7, respecting financial disclosure, and West Virginia Code Article 6B-3 relating to regulation and registration of lobbyists, and which statutory provisions Council hereby expressly opts not to include as provisions of this article, and affirmatively elects that such provisions shall not apply to this Municipality and its officers and employees.
(Ord. 9-11-89)
class=Section18>
107.04 ADMINISTRATIVE CODE 22
class=Section19>
107.04 AMENDMENTS TO STATE STATUTES.
Any amendment to any of the aforesaid statutory provisions of the State which are expressly herein adopted and incorporated as provisions of this article, shall upon enactment by the State Legislature, pursuant to the state-prescribed effective date thereof, be deemed to be an amendment to this article unless the City expressly opts not to adopt any such amendment by ordinance duly adopted by Council evidencing the non-adoption of such amendments.
(Ord. 9-11-89)
23
CHAPTER THREE - Legislative
Art. 113. Council.
Art. 115. Rules of Council.
Art. 117. Ordinances and Resolutions.
ARTICLE 113
Council
113.01 City contracts generally.
CROSS REFERENCES
Council - see CHTR. Art. III
Open meeting law - see W. Va. Code Art. 6-9A
Proceedings - see W. Va. Code Art. 8-9
General powers - see W. Va. Code Art. 8-12
Adoption of rules - see W. Va. Code 8-12-5(45)
Extraterritorial exercise of powers - see W. Va. Code 8-12-19
113.01 CITY CONTRACTS GENERALLY.
Except as otherwise provided, no contract, agreement or stipulation shall be binding upon the City unless made or ratified by Council; provided, that this section shall not be construed to prohibit or restrict the authority of the Mayor to enter into contracts, agreements or stipulations contemplated by the City budget and for which unencumbered funds are available in the City Treasury. (1987 Code 2A-1-2)
25
ARTICLE 115
Rules of Council
115.01 Rules and regulations.
CROSS REFERENCES
Adoption of rules - see W. Va. Code 8-12-5(45)
115.01 RULES AND REGULATIONS.
GOVERNING RULES
RULE I.
Except as otherwise provided in the Constitution of the United States and the State of West Virginia, the laws of the State of West Virginia or the Charter of the City of Glen Dale, all questions of order, the methods of organization and the conduct of business of the municipal Council shall be governed by Roberts Rules of Order in all cases to which they are applicable, and in which they are not inconsistent with the governing rules of Council.
INFORMAL MEETINGS
RULE II.
Council, with a quorum of the governing body can only meet to discuss purely logistical matters, such as when and where to hold a meeting, and what items need to be included in the agenda, and what staff members or documents need to be available during the meeting to support the matters on the agenda.
MEETINGS
TIMES AND PLACES ESTABLISHED
RULE III.
(A)
The Council shall hold regular meetings on the second and fourth Mondays of each month at 7:30
p.m.; provided, however, that the regular meeting date and time may be changed to a different
date and time upon being duly passed by the majority of the members present. Provided further
that in the event that the regular meeting date and time are so changed, notice shall be given to the general public of such change by Class I Legal Publication. When the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal, national or religious holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday.
115.01 ADMINISTRATIVE CODE 26
(B)
Special meetings may be called at any time by the Mayor, or upon request of a majority of Council. Notice of any special meeting shall be given as provided in Rule III(E)(2).
(C)
All meetings of the Council shall be held in the Council Chambers of the City Building of the City
of Glen Dale unless otherwise specified by the Mayor.
(D)
All regular and special meetings of the Council shall be open to the public provided however, that
the Council may recess for the purpose of conducting an executive session, limited to its membership plus any person or persons requested to attend such executive session by a majority
of the Council. Such executive session shall be conducted and held in the manner specified in Chapter 6, Article 9A, Section 4 of the West Virginia Code, as amended, and only for the purpose
therein stated.
(E) NOTICES
(1) Regular Meetings. A notice shall be posted and maintained by the City Clerk at the front door or bulletin board of the Glen Dale City Building of the date, time and place fixed and entered of record by Council for holding of regular scheduled meetings. In addition, a copy of the agenda for each regularly scheduled meeting shall be posted at the same location by the City Clerk not less than three days before each regular meeting is to be held. In computing this three-day period, the day of the meeting, Saturdays, Sundays, and legal holidays are not counted. If a particular regularly scheduled meeting is canceled or postponed, a notice of such cancellation or postponement shall be posted at the same location as soon as feasible after such cancellation or postponement has been determined. When a meeting is postponed, at least two days' advance notice of the new meeting date and time must be provided.
(2) Special Meetings. A notice shall be posted by the City Clerk at the front door or bulletin board of the Glen Dale City Building not less than two days in advance of any special meeting. This two-day notice period shall be computed as previously provided in Rule III(E)(1). Such notice shall include the date, time, place and purpose for which such special meeting shall be held. If the meeting is being held for multiple purposes, an agenda may be issued and posted with the meeting notice. If a special meeting is canceled, a notice of such cancellation shall be posted at the same location as soon as feasible after such cancellation has been determined.
27 Rules of Council 115.01
AGENDA
RULE IV.
(A)
All matters requiring official action by the Council, including all reports, communications, ordinances, resolutions, claims, license reports, contracts, documents, or other matters to be submitted for consideration by the Council, shall be delivered to the City Clerk not later than 4:30 p.m. Tuesday, one week prior to the regular Council meeting. The Clerk will prepare an agenda of such matters and any additional matters which she may have to present, following the prescribed order of business as hereinafter provided in Rule XI, stating each item requiring official action so as to make the public aware of the matters which will be dealt with at the meeting. A copy of the completed agenda shall be furnished to each member of Council. Items received after the deadline for submitting agenda items will be placed on the next regular Council agenda, unless the item involves a matter requiring immediate official action and the Council determines to include it as provided in Rule IV(B). Upon request, the Clerk shall also furnish the Mayor, City Attorney, and Department Heads with a copy of the same, prior to the Council meeting, and as far in advance of the meeting as the time for preparation will permit. Once the meeting agenda for a regular meeting, or the meeting notice for a special meeting, has been posted in accordance with Rule III, copies shall be provided to the news media or any member of the public upon request.
(B)
In the event of an emergency requiring immediate official action by the Council, the Council may
decide to suspend Rule IV(A) by unanimous vote of those present. If the matter constituting an
emergency arises in time to be included on a revised meeting agenda, the fact and circumstances
of the emergency will be explained on the meeting agenda, as well as documented in the meeting
minutes. If the matter constituting an emergency doesn't arise in time to be included in a revised
meeting agenda, the facts and circumstances of the emergency will nonetheless be explained in the meeting minutes.
PRESIDING OFFICER - DUTIES
RULE V.
(A)
The Presiding Officer of the Council shall be the Mayor. In the absence of the Mayor the Recorder shall serve as the Presiding Officer.
(B)
In the absence of the Mayor or Recorder at any regular or special meeting of the Council, the presiding officer of the meeting shal1 be elected by the majority of the members of the Council present. The City Clerk or her designee shall conduct the election. The City Clerk shall entertain nominations from the Council for the position of Presiding Officer, each nomination requires a second. After nominations for Presiding Officer have been closed, the City Clerk shall call for a vote, which vote shall be by a roll call pursuant to Rule XIII of these governing rules.
115.01 ADMINISTRATIVE CODE 28
(C)
The presiding officer shal1 preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council and announce the decision
of the Council on all matters coming before it. A majority vote of Council shall govern and conclusively determine all questions of order not otherwise herein covered or as otherwise provided by law.
PARLIAMENTARIAN
RULE VI.
The City Attorney shall act as parliamentarian, and when requested, shall advise and assist the presiding officer in matters of parliamentary law.
CITY ATTORNEY
RULE VII.
The City Attorney, or his designee, shall be available to the Council at all regular and special meetings. The City Attorney or his designee, shall draft ordinances, resolutions, or other legal documents when requested by a Council Member.
CALL TO ORDER
ROLL CALL
RULE VIII.
The Mayor shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order.
Before proceeding with the business of the Council, the Recorder or designee, shall call the roll of the members, and the names of those present shall be entered in the minutes.
QUORUM
RULE IX.
A majority of the total number of the Council shall constitute a quorum. Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the Council, the Mayor, or in his absence the presiding officer, may thereupon adjourn the meeting until the next day at the same hour and place.
READING OF MINUTES
At each regular meeting of the Council, a journal of the proceedings of the last meeting shall be read, and corrected if erroneous, and signed by the presiding officer for the time being; provided, that the reading of the journal of the proceeding of the last meeting may be dispensed with by a majority vote by the governing body if the members thereof have received and examined a copy of the journal or a synopsis thereof prior to the meeting at which this journal is signed. Upon the call of any member the yeas and nays on any question shall be taken and recorded in this journal.
29 Rules of Council 115.01
OPEN MEETINGS
ORDER OF BUSINESS
RULE XI.
All regular and special meetings of the Council shall be open to the public. The business of the Council shall be taken up for consideration and disposition in the following manner:
1. Pledge of Allegiance
2. Roll Call
3. To read, correct and approve the minutes of the previous meeting
4. To receive and consider reports of standing committees
5. To receive and consider reports of special committees
6. To receive and consider messages from the Mayor
7. To receive and consider resolutions, petitions, motions
8. Unfinished business
9. Ordinances, second reading
10. Ordinances, first reading
11. Miscellaneous business
12. Public Forum. Thirty (30) minutes maximum. Five (5) minutes per person.
13. Adjournment
RULES OF DEBATE
RULE XII.
(A)
Questions under consideration - A motion presented and seconded is under consideration and no
motion shall be received thereafter, except to: 1) To adjourn; 2) To lay on the table, to postpone
or to amend, until the question is decided; or 3) To refer to a committee. These motions shall
have preference in order in which they are mentioned and the first two shall be decided without
debate.
(B)
Limitations on debate: No member shall speak more than twice upon the same subject without
leave of the Council. Nor more than once until every member choosing to speak shall be spoken.
(C)
A member of the Council once recognized, shall not be interrupted when speaking unless it be to call him or her to order or as herein otherwise provided. If a member of the Council, while speaking, be called to order, he or she shall cease speaking until the question or order by determined by the presiding officer, and if in order he or she shall be permitted to proceed. Any member of the Council may appeal to the Council from the decision of the presiding officer upon a question or order, whereupon without debate the presiding officer shall submit to the Council the question, “Shall the decision of the chair be sustained”, and the Council shall decide the question by a majority vote.
115.01 ADMINISTRATIVE CODE 30
(D)
Privilege of closing debate: Any member of Council may close debate by moving the previous
question which requires 2/3 vote.
ROLL CALL FOR VOTING
RULE XIII.
Upon any roll call there shall be no discussion or explanation given by any member of Council voting, and he shall vote "yea" or "no;" unless he shall first receive permission from a majority of the Council to explain his vote. A member of the Council may abstain from voting on any matter. The vote upon every motion, resolution, or ordinance shall be taken by a roll call and the vote is to be entered in the minutes.
MANNER OF ADDRESSING COUNCIL
TIME LIMIT
RULE XIV.
Each person desiring to address the Council shall stand and give his or her name and address in an audible tone of voice for the record, and unless further time is granted by the majority of the Council, shall limit his address to 5 minutes. All remarks shall be addressed to the presiding officer and Council as a body and not to any individual member of the Council. No person, other than members of the Council, and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. No question shall be asked by a member of Council except through the presiding officer.
DECORUM
RULE XV.
(A) - By Council Members:
While the Council is in session, the members must preserve order and decorum. A councilperson shall not, by conversation or otherwise, except as herein provided, delay, or interrupt the proceedings or the peace of the Council, or disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer.
(B) - By Other Persons
Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall forthwith be barred by the presiding officer from further audience before the Council, unless permission to continue or again address the Council be granted by the majority vote of the Council. The Chief of Police, or such members of the Police Department as he may designate, shall be the sergeant-at-arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting.
31 Rules of Council 115.01
COUNCIL COMMITTEES
RULE XVI.
All standing and special committees, and the chairman thereof, shall be appointed by the presiding officer at regular or special meetings. All committees shall consist of five members, including the chairman.
PREPARATION OF ORDINANCES ETC.
RULE XVII.
The City Attorney or his designee, when requested, shall prepare ordinances, resolutions, motions, contracts, or other documents, which shall be delivered to the Clerk in conformity with Rule IV and Rule VIII. A copy of the same shall be forthwith furnished to each member of the Council by the Clerk. All prepared ordinances, resolutions and legal documents shall be approved by the City Attorney or his designee and bear his notation that they are correct in form.
NOMINATIONS AND ACTION THEREON
RULE XVIII.
(A)
Upon the receipt from the Mayor of any nomination to any office or position, the same shall be
read under “Item” messages from the Executive Office, by the Recorder or his designee, and unless otherwise ordered, shall be considered by the Council under “new business”. When taken up for action the presiding officer shall put the question on each nomination as follows: “Will the Council confirm the nomination?” On that motion, a vote shall be ordered, and if the majority votes to confirm, the presiding officer shall announce “The nomination is confirmed”. If less than the majority vote to confirm, the presiding officer shall announce, “The nomination is rejected”.
EXPENDITURES OF COUNCIL
RULE XIV.
Before a member of the Council shall make any agreement to buy, purchase, or contract services, or in any way commit monies of the Council in excess of $100.00, or request any monies for services, expenses or fees in excess of $100.00, he or she will first have prior approval of the Finance Committee and a majority of Council.
REPORTS AND RESOLUTIONS
RULE XX.
All reports and resolutions shall be filed with the Recorder and entered in the minutes.
115.01 ADMINISTRATIVE
CODE 32
READING AND ACTION OF ORDINANCES
RULE XXI.
Ordinances will be voted on at first reading, and if defeated will not be brought back up for second reading.
ADJOURNMENT
RULE XXII.
A motion to adjourn shall always be in order and decided without debate.
(Ord. 6-9-03.)
33
ARTICLE 117
Ordinances and Resolutions
117.01 Duties of Recorder; ordinance
books.
CROSS REFERENCES
Ordinances - see CHTR. 3.2
To make powers effective - see W. Va. Code 8-11-1
Delegating discretion - see W. Va. Code 8-11-2
Action required to be by ordinance - see W. Va. Code 8-11-3, 8-5-12
Procedures - see W. Va. Code 8-11-4
Penalty limitations - see W. Va. Code 8-12-5(57); 8-11-1
117.01 DUTIES OF RECORDER; ORDINANCE BOOKS.
It shall be the duty of the Recorder to endorse upon every ordinance passed by Council, next after the title, the date of passage. The Recorder shall also record every such ordinance of a general nature in a well-bound book to be called the “General Ordinance Book”, which shall be thoroughly indexed by the Recorder, showing in the index not only all subjects mentioned in such ordinance, but also the chapter, article and section amended and other matters necessary to make a complete index. All other ordinances not of a general nature, such as granting franchises, shall be recorded in a book to be called the “Special Ordinance Book”, which shall be fully indexed.
(1987 Code 2B-4-4)
35
CHAPTER FIVE - Administrative
Art. 121. Officers and Employees Generally.
Art. 123. Mayor.
Art. 125. Recorder.
Art. 127. City Attorney.
Art. 129. City Engineer.
Art. 131. Fire Department.
Art. 133. Police Department.
Art. 135. Board of Park and Recreation Commissioners.
Art. 137. Historic Landmarks Commission.
Art. 139. Building Commission.
ARTICLE 121
Officers and Employees Generally
121.01 Official bonds.
121.02 Failure to qualify.
121.03 Compensation of officers
and employees.
121.04 Salaries of elected officials.
CROSS REFERENCES
Bonds - see CHTR. 8.3
Oath of office - see CHTR. 8.4
Rights of officers and employees - see CHTR. 9.1
Compensation of officers and employees - see W. Va. Code 8-5-12
Conflict of interest - see W. Va. Code 8-5-19
Bonds - see W. Va. Code 8-12-5(46), (47); 6-2-11
Reimbursement of employment applicant - see W. Va. Code 8-12-5(53)
Employee benefit fund - see W. Va. Code 8-12-5(55)
Insurance and indemnification - see W. Va. Code 8-12-7 et seq.
Retirement benefits - see W. Va. Code Art. 8-22
Military leave - see W. Va. Code Art. 6-11; 15-1F-1
Social security - see W. Va. Code 5-7-5
Police holidays - see W. Va. Code 8-14-2a
Fire department holidays - see W. Va. Code 8-15-10a
121.01 OFFICIAL BONDS.
All officers and employees as Council may by resolution require to do so, and all officers and employees required by law to do so, shall give bond in such amount and upon such conditions and with such surety as may be specified by Council, and the premiums of such bonds shall be paid by the City. (1987 Code 2C-1-1)
121.02 ADMINISTRATIVE CODE 36
121.02 FAILURE TO QUALIFY.
If any person appointed to office shall fail to qualify within ten days after his or her appointment, the office shall be treated as vacant.
(1987 Code 2C-1-2)
121.03 COMPENSATION OF OFFICERS AND EMPLOYEES.
Council shall by ordinance fix or cause to be fixed the salary or compensation of every municipal officer and employee: provided, that the salary of any officer shall not be increased or diminished during his or her term.
Council shall have plenary power and authority to provide by ordinance for the allowance of time off of officers and employees with pay for vacations and illness, as additional consideration for their services and employment.
(1987 Code 2A-1-4)
121.04 SALARIES OF ELECTED OFFICIALS.
(a) The compensation of the Mayor shall be three hundred dollars ($300.00) per month.
(b) The compensation of the Recorder shall be two hundred dollars ($200.00) per month.
(c) The compensation of Council Members shall be one hundred dollars ($100.00) per month. (2-25-08)
37
ARTICLE 123
Mayor
123.01 Payment of claims.
CROSS REFERENCES
Election - see CHTR. Art. II
Mayor - see CHTR. Art. IV
Powers and duties generally - see W. Va. Code 8-10-1
123.01 PAYMENT OF CLAIMS.
No money shall be paid to any person having debt or claim against the City except upon an order signed by the Mayor and the Recorder.
(1987 Code 2A-1-3)
39
ARTICLE 125
Recorder
EDITOR’S NOTE: There are no sections in Article 125. This article has been established to provide a place for cross references and any future legislation.
CROSS REFERENCES
Election - see CHTR. Art. II
Position established - see CHTR. 4.4
Powers and duties generally - see W. Va. Code 8-10-3
41
ARTICLE 127
City Attorney
EDITOR’S NOTE: There are no sections in Article 127. This article has been established to provide a place for cross references and any future legislation.
CROSS REFERENCES
City Solicitor - see CHTR. 7.1
Hiring special counsel - see W. Va. Code 8-10-1a
Notice of suit against municipality - see W. Va. Code 8-12-2
43
ARTICLE 129
City Engineer
EDITOR’S NOTE: There are no sections in Article 129. This article has been established to provide a place for cross references and any future legislation.
CROSS REFERENCES
City Engineer - see CHTR. 7.2
Registration of Engineers - see W. Va. Code Art. 30-13
Low cost improvements: memorandum of engineer - see W. Va. Code
8-17-4 et seq.
Certification of costs - see W. Va. Code 8-17-10
Report - see W. Va. Code 8-17-11
Sewer and street assessments: report on completion - see W. Va.
Code 8-18-5
45
ARTICLE 131
Fire Department
131.01 Organization and continuance
of Volunteer Fire Department.
131.02 Duties of company members;
meetings to inspect equipment;
report; penalty for
noncompliance.
131.03 Dissolution of Volunteer
Fire Department.
131.04 Support of Volunteer Fire
Department; return of property
upon dissolution.
CROSS REFERENCES
Power of governing body - see W. Va. Code 8-15-1
Fire protection contracts - see W. Va. Code 8-15-3, 8-12-5(56)
Volunteer fire companies - see W. Va. Code 8-15-4 et seq.
Paid fire departments - see W. Va. Code 8-15-9 et seq.
Civil service - see W. Va. Code 8-15-11 et seq.
Pension and relief fund - see W. Va. Code Art. 8-22
Authority of local fire departments - see W. Va. Code 29-3A
131.01 ORGANIZATION AND CONTINUANCE OF VOLUNTEER
FIRE DEPARTMENT.
There is hereby established in the City a volunteer fire department known as the Glen Dale Volunteer Fire Department. The Department shall have no less than twenty members. The members of the company shall elect its officers, including a chief and make rules and regulations for effecting its object consistent with the laws of the State of West Virginia and the ordinances of the City. The Volunteer Fire Company shall be subject to the authority of the governing body of the City. (1987 Code 9-2-1)
131.02 DUTIES OF COMPANY MEMBERS; MEETINGS TO INSPECT
EQUIPMENT; REPORT; PENALTY FOR NONCOMPLIANCE.
Every member of the Volunteer Fire Department shall, upon any alarm of fire, attend, according to the ordinances of the Municipality and the company’s rules and regulations, and endeavor to extinguish the fires.
131.03 ADMINISTRATIVE CODE 46
In addition to the meeting required by the rules and regulations of the department, semiannual meetings of the department shall be held in April and October, on such days as the Chief thereof may appoint, to examine the state of the engine, hose and other equipment, practice therewith and see that the same are in good condition. Within one month after any such semiannual meeting the Chief of such department shall make to the governing body a written report of the names of those attending such meeting, together with a written report of the condition of the engine, hose and other equipment. For any failure to comply with the provisions of this section, the Chief shall be fined not less than ten nor more than twenty-five dollars.
(1987 Code 9-2-2)
131.03 DISSOLUTION OF VOLUNTEER FIRE DEPARTMENT.
Whenever the governing body shall ascertain that such department has failed, for three months successively, to consist of twenty effective members, or shall ascertain that it has failed for a like period of time to have and keep in good serviceable condition any engine, hose or other proper equipment, such governing body shall declare such failure and by order direct the members of the department to take the necessary action under the general corporation laws of this State to bring about the dissolution of such corporation. Upon the entry of any such order, it shall be the duty of the members of such department to comply therewith.
(1987 Code 9-2-3)
131.04 SUPPORT OF VOLUNTEER FIRE DEPARTMENT; RETURN OF
PROPERTY UPON DISSOLUTION.
The Municipality may contribute to the support of its Volunteer Fire Department by providing a firehouse, firefighting equipment, necessary paid personnel and incidental requirements to maintain such department upon an efficient basis. Upon the dissolution of the Department, all of the property contributed by the Municipality shall become the property of and be returned to such Municipality.
(1987 Code 9-2-4)
47
ARTICLE 133
Police Department
133.01 Appointment of Chief.
133.02 Appointment of members.
133.03 Appointment of special police.
CROSS REFERENCES
Appointment of special police - see W. Va. Code 8-10-1
Powers and duties - see W. Va. Code 8-14-1, 8-14-3
Hours of duty; holidays - see W. Va. Code 8-14-2, 8-14-2a
School zone officers - see W. Va. Code 8-14-5
Parking lot or building officers - see W. Va. Code 8-14-5a
Civil service - see W. Va. Code 8-14-6 et seq.
Pension and relief fund - see W. Va. Code Art. 8-22
Police bonds - see W. Va. Code 61-7-5
133.01 APPOINTMENT OF CHIEF.
The Mayor, as chief executive officer of the City and being responsible for the enforcement of this Code, and all other ordinances, shall appoint and remove the Chief of Police. Provided, however, that such appointment and removal shall not be effective until confirmed by the Council.
(1987 Code 23-1-1)
133.02 APPOINTMENT OF MEMBERS.
The Council shall appoint such other members of the police force as it shall deem necessary for the preservation of peace and good order within the City.
(1987 Code 23-1-2)
133.03 APPOINTMENT OF SPECIAL POLICE.
In times of disorder or riot or when necessity therefor appears, the Mayor shall have power to appoint special police, who shall take the oath of office and shall receive compensation as set by Council. The Mayor shall report at the first meeting of Council thereafter the names and numbers of the special police, the service rendered and the occasions calling for such service.
(1987 Code 23-1-3)
49
ARTICLE 135
Board of Park and Recreation Commissioners
135.01 Established.
135.02 Members; quorum;
qualifications; election or
appointment; terms.
135.03 Oath of office.
135.04 General powers of the Board.
135.05 Limitations.
CROSS REFERENCES
Board of park and recreation commissioners - see W. Va. Code Art. 8-21
135.01 ESTABLISHED.
There is hereby created and established the Board of Park and Recreation Commissioners of the City of Glen Dale, hereinafter called the “Board”.
(1987 Code 31-1-1)
135.02 MEMBERS; QUORUM; QUALIFICATIONS; ELECTION OR
APPOINTMENT; TERMS.
The Board shall consist of five members all of whom shall be residents of and freeholders of the City of Glen Dale, and shall be appointed by Council. The terms of the members of the first Board shall be two for a term of six years, two for a term of four years, and one for a term of two years. Thereafter all appointments shall be for a term of six years. The terms of all members shall begin on the 15th day of February.
(1987 Code 31-1-2)
135.03 OATH OF OFFICE.
All members shall take the oath required by law before entering on their duties.
(1987 Code 31-1-3)
135.04 GENERAL POWERS OF THE BOARD.
The Board shall have all of the rights, powers and duties as granted by Chapter 8, Article 21 of the Code of West Virginia, including any rights, power and duties hereinafter granted by said Article. (1987 Code 31-1-4)
135.05 LIMITATIONS.
The Board shall be subject to all of the limitations and obligations set forth in Chapter 8, Article 21, of the Code of West Virginia.
(1987 Code 31-1-5)
51
ARTICLE 137
Historic Landmarks Commission
137.01 Established.
137.02 Members; terms; election;
quorum.
137.03 General powers and duties.
CROSS REFERENCES
Historic landmark commissions - see W. Va. Code Art. 8-26A
137.01 ESTABLISHED.
There is hereby created and established a commission which shall be named and known as The City of Glen Dale Historic Landmarks Commission.
(1987 Code 32-1-1)
137.02 MEMBERS; TERMS; ELECTION; QUORUM.
The Commission shall consist of five members appointed by the Mayor upon the approval of Council. The terms of the members of such Commission shall be for a period of two years to begin on January 1st of each even-numbered year, except for the initial appointees which shall be members until December 31, 2003, regardless of when they are appointed prior thereto. Members of the Historic Landmarks Commission shall serve at the will and pleasure of the Mayor and Council, and can be removed without cause and without notice or hearing. Vacancies shall be filled by the Mayor upon the approval by Council for any time remaining on an unexpired term.
Commission members shall not be entitled to any pay or remuneration for their services. Reasonable and necessary expenses actually incurred may be reimbursed at the discretion of Council.
Such officers as are deemed necessary for the Commission shall be elected from and by the membership thereof.
The Commission shall not meet less than twice per year. A quorum of the Commission consisting of three members shall be necessary to meet and transact business. Each member of the Commission shall have one vote, including the officers thereof.
(1987 Code 32-1-2)
137.03 GENERAL POWERS AND DUTIES.
The Historic Landmarks Commission shall have those powers and duties granted by Chapter 8, Article 26A, Sections 3, 4, 5 and 6, of the West Virginia Code.
(1987 Code 32-1-3)
52A
ARTICLE 139
Building Commission
139.01 Creation of Board.
139.02 Membership; residency, etc.,
requirements; term of office.
139.03 Vacancies.
139.04 Oath of office; secretary and
Treasurer of Board.
139.05 Compensation; conflict of
interests.
139.06 Office facilities; power and
authority generally.
139.07 Powers and duties.
139.08 Commission debt and surplus.
139.09 Contributions to the
Commission; funds; reports;
audits.
139.01 CREATION OF BOARD.
There is hereby created and established the City of Glen Dale Building Commission.
(Ord. 12-8-08.)
139.02 MEMBERSHIP; RESIDENCY, ETC., REQUIREMENTS; TERM
OF OFFICE.
The Building Commission shall consist of a Board of five members, all of whom shall be residents of the City. The members thereof shall be appointed by the City Council. No more than two-thirds (2/3) of the total number of members shall be from the same political party and no member shall hold any office (other than notary public) or employment under the United States of America, the State of West Virginia, or any country or political subdivision thereof, or any political party. Subject to such exception, the remaining members of the Board shall serve for a term of five years. As to the first Board, the City Council shall appoint the members thereof to service, one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. As the term of each initial appointee expires, the successor to fill the vacancy of that position, shall be appointed for a term of five years. The date upon which terms of such Board members shall begin is the 1st day of January, 2009. (Ord. 12-8-08.)
139.03 VACANCIES.
When any vacancy occurs on the Commission before the expiration of the term of that member, by reason of death, resignation, change of residence or other cause, City Council shall appoint a successor to serve until the expiration of the term.
(Ord. 12-8-08.)
139.04 ADMINISTRATIVE CODE 52B
139.04 OATH OF OFFICE; SECRETARY AND TREASURER OF BOARD.
After appointment, members of the Commission shall qualify by taking and filing with the City Clerk the oath prescribed by law for public officials and shall not be permitted to serve until so qualified. If any member of the board fails to so qualify before the next regular City Council meeting, the Council may declare the position vacant and shall appoint a successor. At the first meeting held after the first Board has been appointed, as hereinbefore provided, and thereafter at a meeting in January of each year, the members of the Board shall organize by electing one of their number president, and another vice president, and by electing a secretary who need not be a member of the Board. The secretary shall keep an accurate record of all the fiscal affairs of the Board, and shall keep a minute book in which he shall record the proceedings and transactions of each meeting of the Board. The secretary shall be paid such compensation for services as the City Council shall fix from year to year. The City Treasurer shall be ex officio Treasurer of said Board, and shall take an oath prescribed by law and shall furnish such bond as may be required by said Board. (Ord. 12-8-08.)
139.05 COMPENSATION; CONFLICT OF INTERESTS.
The members of the Board shall receive no compensation for their services but shall be entitled to reimbursement for any reasonable expenses incurred in the performance of their duties as members of the Board, such expenses to be paid only upon approval of the City Council. They shall not be personally interested, directly or indirectly, in any contract entered into by the Board, or hold any remunerative position in connection with the construction, operation or maintenance of any of the property under their control as members of the Board.
(Ord. 12-8-08.)
139.06 OFFICE FACILITIES; POWER AND AUTHORITY GENERALLY.
The City Council shall furnish the Board facilities where it may hold its meetings and keep its records. The Board shall have complete and exclusive control and management of all the properties which it shall operate in connection with the City and shall have power to employ, such persons, as, in its opinion, may be necessary for the construction, operation and maintenance of the property under its control, at such wages or salaries, as it shall deem proper, and shall have full control of all employees. The Commission shall subscribe to the state worker’s compensation fund with respect to covering all eligible employees.
(Ord. 12-8-08.)
139.07 POWERS AND DUTIES.
The Commission shall have plenary power and authority to:
(a) Sue and be sued;
(b) Contract and be contracted with;
(c) Adopt and use a common seal;
(d) Make and adopt all necessary, appropriate and lawful bylaws and rules and regulations pertaining to its affairs;
(e) Elect such officers, appoint such committees and agents and employ and fix the compensation of such employees and contractors as may be necessary for the conduct of the affairs and operations of the commission;
(f) (1) Acquire, purchase, own and hold any property, real or personal; and
(2) Acquire, construct, equip, maintain and operate public buildings, structures, projects and appurtenant facilities, of any type or types which the City creating such commission is permitted by law to expend public funds (all hereinafter in this article referred to as facilities);
52C Building Commission 139.09
(g) Apply for, receive and use grants-in-aid, donations and contributions from any source or sources, including, but not limited to, the United States of America, or any department or agency thereof, and accept and use bequests, devises, gifts and donations from any source whatsoever;
(h) Sell, encumber or dispose of any property, real or personal;
(i) Issue negotiable bonds, notes, debentures or other evidences of indebtedness and provide for the rights of the holders thereof, incur any proper indebtedness and issue any obligations and give any security therefor which it may deem necessary or advisable in connection with exercising powers as provided herein;
(j) Raise funds by the issuance or sale of revenue bonds in the manner and subject to the limitations provided by the applicable provisions of West Virginia Code;
(k) Exercise the power of eminent domain in the manner provided in the West Virginia Code, but only after consent and approval by resolution of City Council;
(l) Lease its property or any part thereof, for public purposes, to such persons and upon such terms as the commission deems proper, but when any municipality or county commission is a lessee under any such lease, such lease must contain a provision granting such municipality or county commission the option to terminate such lease during a fiscal year covered thereby; and
(m) Do all things reasonable and necessary to carry out the foregoing powers.
(Ord. 12-8-08.)
139.08 COMMISSION DEBT AND SURPLUS.
Indebtedness of the Commission is controlled by and is subject to State law. Disposition of any surplus over and above amounts required for the improvement, maintenance and operation of commission facilities shall be set aside in a reserve pursuant to terms more particularly described in the West Virginia Code.
(Ord. 12-8-08.)
139.09 CONTRIBUTIONS TO THE COMMISSION; FUNDS; REPORTS;
AUDITS.
Contributions may be made from time to time by the City, and by any persons or entities that shall desire to do so. All funds received by the Commission shall be deposited in such banking institution or banking institutions the Board may direct and shall be withdrawn therefrom in such manner as the Board may direct. The Commission shall keep strict account of all of its receipts, expenditures and activities, and shall each quarter make a quarterly report thereon to the City Council and persons which have made contributions to it, and such report shall contain an itemized account of its receipts and disbursements during the preceding quarter. Such report shall be made within sixty days after the end of each fiscal year, the Commission shall make an annual report containing an itemized statement of its receipts and disbursements for the preceding fiscal year and publish the same as a Class II-0 legal advertisement in compliance with the provisions of article three {§59-3-1 et seq.}, chapter fifty-nine of the West Virginia Code, and the publication area for such publication shall be the County of Marshall. The books, records and accounts of the Commission shall be subject to audit and examination by the State Tax Commissioner and by other proper public official or body in the manner provided by law.
(Ord. 12-8-08.)
53
ARTICLE 151
Municipal Court
151.01 Jurisdiction, powers and duties.
151.02 Search warrants.
151.03 Docket; Clerk of Court.
151.04 Warrant required; exception.
151.05 Procedure upon arrests
without warrant.
151.06 Issuance of warrants at request
of Police Officers.
151.07 Failure of accused person to
appear for trial.
151.08 Continuances.
151.09 Judgment of guilty shall
include judgment for costs.
151.10 Enforcement of adjudged fines,
penalties and costs.
151.11 Suspension of execution of
judgments, etc.
151.12 Appeals and appeal bonds.
151.13 Contempt.
151.14 Use of County Jail.
151.15 Municipal Court costs.
151.16 Reinstatement fee; driver’s
license.
CROSS REFERENCES
Charter provisions - see CHTR. Art. IV
Establishment - see W. Va. Code 8-10-2
General rights of appeal - see W. Va. Code 8-34-1
Costs for crime victims reparation fund - see W. Va. Code 14-2A-4
Costs for funding law enforcement training academies - see
W. Va. Code 30-29-4
Search warrant - see W. Va. Code 62-1A-1
151.01 JURISDICTION, POWERS AND DUTIES.
The Mayor, may, at his election, choose not to serve as Municipal Judge of the City of Glen Dale. If the Mayor should so choose not to serve as Municipal Judge of the City, then in that case, the Mayor shall appoint a citizen as Municipal Judge of the City of Glen Dale. The Mayor shall also have the power to remove the Municipal Judge. Provided, however, that such appointment and removal shall not be effective until confirmed by the City Council.
(1987 Code §22-1-1.)
151.02 SEARCH WARRANTS.
Upon proper complaint, the Municipal Judge shall issue search warrants in connection with the violation of any provision of this Code or other City ordinance.
(1987 Code §22-1-2.)
151.03 ADMINISTRATIVE CODE 54
151.03 DOCKET; CLERK OF COURT.
It shall be the duty of the Clerk of the Municipal Court to keep a well bound book, which book shall be called the "docket".
Such docket shall contain a record of each case brought before the Municipal Judge and the disposition thereof.
It shall be the duty of the Clerk of the Municipal Court to index the docket in such a manner as to provide a ready reference to each case and to keep such index current.
Unless the Mayor, with the approval of the City Council, shall appoint some other person, the Recorder shall be ex officio Clerk of the Municipal Court.
(1987 Code §22-1-3.)
151.04 WARRANT REQUIRED; EXCEPTION.
Proceedings before the Municipal Judge shall be by warrant of arrest in the name of the City, except that when an offense of which the Municipal Judge has jurisdiction is committed in his presence, or in that of a City police officer, either of them may forthwith apprehend the offender or cause him to be apprehended, and in such case the offender may be tried before the Municipal Judge and dealt with according to law.
(1987 Code §22-1-4.)
151.05 PROCEDURE UPON ARRESTS WITHOUT WARRANT.
When a person arrested without a warrant is brought before the Municipal Judge, a complaint shall be filed and a warrant issued forthwith. The officer executing the warrant shall make return thereof to the Municipal Judge.
(1987 Code §22-1-5.)
151.06 ISSUANCE OF WARRANTS AT REQUEST OF POLICE OFFICERS.
It shall be the duty of the Clerk of the Municipal Court to properly make out a complaint and warrant, upon request, for any member of the Police Department.
(1987 Code §22-1-6.)
151.07 FAILURE OF ACCUSED PERSON TO APPEAR FOR TRIAL.
If a warrant or summons is returned executed and the accused person shall fail to appear at the time designated for the trial, the case may be proceeded into, heard and determined as if there were an appearance by the accused. Or the Municipal Judge may in his discretion, after hearing the evidence, issue his process requiring the officer to whom it shall be directed to arrest the accused and bring him, either forthwith or at some designated time, before him to hear judgement in the case.
(1987 Code §22-1-7.)
151.08 CONTINUANCES.
(a) On Motion of Accused; Recognizance. Continuances may be granted as justice may require. If one be granted at the instance of the accused, he may be required to enter into a recognizance, payable to the City, with approved security, in a sum determined by the Municipal Judge, conditioned for his appearance at the time and place named in the order of continuance, to answer further as to the alleged offense.
(b) On Motion of Other Than Accused; Recognizance. If the continuance is not at the instance of the accused, he may be allowed to depart until the time appointed for the trial upon entering into his own recognizance, payable and condition as in subsection (a) hereof, or without recognizance, as may be deemed right and proper.
55 Municipal Court 151.13
(c) Default in Recognizance. In case default is made in the condition of any recognizance entered into by virtue of this article, it shall be noted on the docket; and in the event that payment is not made of the sum named as the penalty thereof, an action may be maintained thereon in the name of the City in any court of competent jurisdiction to recover the amount of the penalty against the accused and his sureties. In such action the court may give judgement for the whole of the penalty, or remit in, in whole or in part, and render judgement upon such terms and conditions as may be deemed reasonable.
(1987 Code §§22-1-8, 22-1-9, 22-1-10.)
151.09 JUDGMENT OF GUILTY SHALL INCLUDE JUDGMENT
FOR COSTS.
Upon the final hearing of any proceeding to punish for an offense, if judgement be given against the accused, such judgment shall include the costs incurred by the city or due to any officer in that behalf. (1987 Code §22-1-11.)
151.10 ENFORCEMENT OF ADJUDGED FINES, PENALTIES AND COSTS.
The Municipal Judge shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof in default of such payment.
(1987 Code §22-1-12.)
151.11 SUSPENSION OF EXECUTION OF JUDGMENTS, ETC.
After judgment, execution may be suspended by the Municipal Judge upon such terms as may be imposed by him and agreed to by the party convicted.
(1987 Code §22-1-13.)
151.12 APPEALS AND APPEAL BONDS.
Any person convicted of an offense by the Mayor or Municipal Court Judge may appeal such conviction to the Circuit Court as a matter of right by requesting such appeal within twenty (20) days after the sentencing for such conviction. The Mayor or Municipal Court Judge may require the posting of bond with good security conditioned upon the appearance of the defendant as required by the Circuit Court, such bond may not exceed the maximum amount of fine which could be imposed for the offense. The bond may be upon the defendant's own recognizance.
(West Virginia Code §8-34-ld; 1987 Code §22-1-14.).
151.13 CONTEMPT.
(a) Special Acts. The Municipal Judge may punish for contempt any person guilty of the following acts and in no other case:
(1) Contemptuous or insolent behavior toward the Municipal Judge while engaged in the trial of a case or in any other judicial proceeding.
(2) Any breach of the peace, willful disturbance or indecent conduct in the presence of the Municipal Judge while so engaged, or so near as to obstruct or interrupt his proceedings.
(3) Violence or threats of violence to the Municipal Judge or any officer, witness or party going to, attending or returning from any judicial proceeding before the Municipal Judge in respect to any thing done or to be done in the course of such proceeding.
(4) Misbehavior of an officer in his official character in respect to any action or judicial proceeding had or pending before the Municipal Judge or any process, order, judgment or notice therein.
(5) Disobedience or resistance by any officer, witness, party or other person to any lawful process, judgement or order by the Municipal Judge.
151.14 ADMINISTRATIVE CODE 56
(b) Hearings. An order of arrest may be issued by the Municipal Judge, on which the person charged with contempt may be taken and brought before him, or such person may be taken in custody by an officer present upon the oral order of the Municipal Judge and held to answer for contempt. An opportunity shall be given him to be heard in defense or explanation of his conduct, and the Municipal Judge may thereupon discharge him or adjudge him guilty of contempt and punish him as provided in the Code of West Virginia.
(c) Entry of Convictions on Docket, Etc. The conviction for contempt, specifying the particular circumstances of the offense and judgment thereon, shall be entered by the Municipal Judge in his docket. A warrant of commitment for the term of imprisonment may be issued by the Municipal Judge commanding an officer to take the offender to the jail and the jailer to imprison him therein for the term. The judgement may include, in addition to the fine, all costs in the case, including costs of arrest and keeping in prison the offender. An appeal may be taken from such judgment of the Municipal Judge, as in other cases, to any court of competent jurisdiction in the county. (1987 Code §§22-1-15 to 22-1-17.)
151.14 USE OF COUNTY JAIL.
The Marshall County Jail is hereby designated as the official City Jail or Lockup and it shall be used for all purposes for which a City Lockup would be used, were a City Lockup in existence.
(1987 Code §22-1-18.)
151.15 MUNICIPAL COURT COSTS.
In addition to any other costs which may be lawfully imposed, an additional cost shall be imposed in the amount of ten dollars ($10.00) for all charges, except violations of municipal parking violations.
(1987 Code §22-1-19.)
151.16 REINSTATEMENT FEES; DRIVER’S LICENSE.
A fee of twenty-five dollars ($25.00) is hereby imposed upon any person whose driver’s license or privilege to operate a motor vehicle in this State is reinstated after having been suspended for any of the following:
(a) Failure to timely pay costs, fines, forfeitures or penalties imposed by the Municipal Court;
(b) Default on a payment plan for such costs, fines, forfeitures or penalties; or
(c) Failure to appear or otherwise respond in court when charged with a municipal violation, all as provided for by the West Virginia Code.
The fee imposed by this section shall be paid at the time the person’s driver’s license or privilege to drive is reinstated by the State Division of Motor Vehicles. Such fee is imposed to defer the costs to the City associated with administrative expenses related to the suspension and reinstatement. (Ord. 8-22-05.)
CODIFIED ORDINANCES OF GLEN DALE
PART THREE - TRAFFIC CODE
CHAPTER ONE - Administration
Art. 301. Definitions.
Art. 303. Enforcement, Impounding and Penalty.
Art. 305. Traffic Control.
CHAPTER THREE - Streets and Traffic Control Devices
Art. 311. Street Obstructions and Special Uses.
Art. 313. Traffic Control Devices.
CHAPTER FIVE - Vehicular Operation
Art. 331. Accidents.
Art. 333. Driving Under the Influence; Reckless Driving.
Art. 335. Speed Restrictions.
Art. 337. Driving on Right; Passing.
Art. 339. Turning and Starting; Signals.
Art. 341. Right of Way.
Art. 343. Special Stops Required.
Art. 345. Safety and Equipment.
Art. 347. Commercial and Heavy Vehicles.
Art. 349. Miscellaneous Rules.
Art. 351. Licensing Generally.
Art. 353. Commercial Drivers.
Art. 355. Motorized Recreational Apparatus.
CHAPTER SEVEN - Parking
Art. 361. Parking Generally.
CHAPTER NINE - Pedestrians and Bicycles
Art. 371. Pedestrians.
Art. 373. Bicycles.
3
CODIFIED ORDINANCES OF GLEN DALE
PART THREE - TRAFFIC CODE
CHAPTER ONE - Administration
Art. 301. Definitions.
Art. 303. Enforcement, Impounding and Penalty.
Art. 305. Traffic Control.
ARTICLE 301
Definitions
301.01 Meaning of words and phrases. 301.27 Railroad sign or signal.
301.02 Authorized emergency vehicle. 301.28 Railroad train.
301.03 Bicycle. 301.29 Residence district.
301.04 Bus. 301.30 Residential street.
301.05 Business district. 301.31 Right of way.
301.06 Controlled-access highway. 301.32 Roadway.
301.07 Crosswalk. 301.33 Safety zone.
301.08 Driver. 301.34 School bus.
301.081 Electric personal assistive 301.35 School grounds.
mobility device. 301.36 Semitrailer.
301.09 Explosives. 301.37 Sidewalk.
301.10 Flammable liquid. 301.38 Stop.
301.11 Gross weight. 301.39 Stop, stopping or standing.
301.12 Intersection. 301.40 Street or highway; alley.
301.13 Laned roadway. 301.41 Through street or through
301.14 Moped. highway.
301.15 Motorcycle. 301.42 Traffic.
301.16 Motor-driven cycle. 301.43 Traffic control devices.
301.17 Motor vehicle. 301.44 Traffic control signal.
301.18 Owner. 301.45 Trailer.
301.19 Park. 301.46 Truck.
301.20 Parking area. 301.47 Vehicle.
301.201 Passenger van. 301.48 Wheelchair.
301.21 Pedestrian.
301.22 Person.
301.23 Pole trailer.
301.24 Police officer.
301.25 Private road or driveway;
private property.
301.26 Railroad.
301.01 TRAFFIC CODE 4
CROSS REFERENCES
See sectional histories for similar State law
Speed race defined - see TRAF. 335.04
301.01 MEANING OF WORDS AND PHRASES.
The following words and phrases when used in this Traffic Code shall, for the purpose of this Traffic Code, have the meanings respectively ascribed to them in this article.
(WVaC 17C-1-1)
301.02 AUTHORIZED EMERGENCY VEHICLE.
"Authorized emergency vehicle" means vehicles of the Fire Department, duly chartered rescue squad, Police Department, ambulance service, state, county or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by West Virginia Code 17A-10-1. Agency authorization and emergency equipment are defined in West Virginia Code 17C-15-26. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles.
(WVaC 17C-1-6)
301.03 BICYCLE.
"Bicycle" means every device which does not have a motor attached and which is propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty inches in diameter.
(WVaC 17C-1-8)
301.04 BUS.
"Bus" means every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WVaC 17C-1-13)
301.05 BUSINESS DISTRICT.
"Business district" means the territory contiguous to and including a street or highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street or highway.
(WVaC 17C-1-45)
301.06 CONTROLLED-ACCESS HIGHWAY.
"Controlled-access highway" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
(WVaC 17C-1-41)
class=Section3>
5 Definitions 301.12
class=Section4>
301.07 CROSSWALK.
"Crosswalk" includes:
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (WVaC 17C-1-43)
301.08 DRIVER.
"Driver" means every person who drives or is in actual physical control of a vehicle. (WVaC 17C-1-31)
301.081 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.
“Electric personal assistive mobility device” or “EPAMD” means a self-balancing, two nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of seven hundred fifty watts (one horse power), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy pounds, is less than twenty miles per hour.
(WVaC 17C-1-66)
301.09 EXPLOSIVES.
"Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosive and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (WVaC 17C-1-24)
301.10 FLAMMABLE LIQUID.
"Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closedcup test device.
(WVaC 17C-1-25)
301.11 GROSS WEIGHT.
"Gross weight" means the weight of a vehicle without load plus the weight of any load thereon. (WVaC 17C-1-26)
301.12 INTERSECTION.
"Intersection" includes:
(a) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict; and
(b) Where a street or highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting street or highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such streets or highways shall be regarded as a separate intersection. (WVaC 17C-1-42)
class=Section5>
301.13 TRAFFIC CODE 6
class=Section6>
301.13 LANED ROADWAY.
"Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
(WVaC 17C-1-39)
301.14 MOPED.
"Moped" means every motorcycle or motor-driven cycle unless otherwise specified in this Traffic Code, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed thirty miles per hour on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
(WVaC 17C-1-5a)
301.15 MOTORCYCLE.
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(WVaC 17C-1-4)
301.16 MOTOR-DRIVEN CYCLE.
"Motor-driven cycle" means every motorcycle having a piston displacement of more than fifty cubic centimeters but not more than 150 cubic centimeters, or with not more than five brake horsepower.
(WVaC 17C-1-5)
301.17 MOTOR VEHICLE.
"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, except motorized wheelchairs. (WVaC 17C-1-3)
301.18 OWNER.
"Owner" means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Traffic Code.
(WVaC 17C-1-32)
301.19 PARK.
"Park" when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
(WVaC 17C-1-54)
class=Section7>
7 Definitions 301.27
class=Section8>
301.20 PARKING AREA.
"Parking area" means lots, areas or other accommodations for the parking of vehicles off the street or highway and open to public use with or without charge.
(WVaC 17C-1-60)
301.201 PASSENGER VAN.
“Passenger van” means any van or other motor vehicle owned by any agency, business or other legal entity and operated for the purpose of transportation of children under the age of eighteen years, other than a van utilized for private use, taxicab, bus or school bus. Passenger vans include, but are not limited to, vehicles used by daycare centers, after-school centers and nursery schools: provided, that the term “passenger van” does not include any van or other motor vehicle which is utilized for the specific purpose of transporting children to medical facilities for the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for loading or unloading along public roads or highways.
(WVaC 17C-1-64)
301.21 PEDESTRIAN.
"Pedestrian" means any person afoot or any person using a wheelchair.
(WVaC 17C-1-30)
301.22 PERSON.
"Person" means every natural person, firm, copartnership, association or corporation. (WVaC 17C-1-29)
301.23 POLE TRAILER.
"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, trusses or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (WVaC 17C-1-17)
301.24 POLICE OFFICER.
"Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (WVaC 17C-1-33)
301.25 PRIVATE ROAD OR DRIVEWAY; PRIVATE PROPERTY.
(a) "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(b) "Private property" means real estate in private ownership without regard to the manner in which it is used. (WVaC 17C-1-36)
301.26 RAILROAD.
"Railroad" means a carrier of persons or property, upon cars, other than streetcars, operated upon stationary rails. (WVaC 17C-1-21)
301.27 RAILROAD SIGN OR SIGNAL.
"Railroad sign" or "signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (WVaC 17C-1-49)
301.28 TRAFFIC CODE 8
301.28 RAILROAD TRAIN.
"Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
(WVaC 17C-1-22)
301.29 RESIDENCE DISTRICT.
"Residence district" means the territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
(WVaC 17C-1-46)
301.30 RESIDENTIAL STREET.
"Residential street" means the entire width between the boundary lines of every way, whether publicly or privately maintained, located within any subdivision, development or other similar area used primarily for residential purposes when any part thereof is open to the common use of those living in such area for the purpose of vehicular travel.
(WVaC 17C-1-62)
301.31 RIGHT OF WAY.
"Right of way" means the privilege of the immediate use of the street or highway.
(WVaC 17C-1-51)
301.32 ROADWAY.
"Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street or highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(WVaC 17C-1-37)
301.33 SAFETY ZONE.
"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(WVaC 17C-1-44)
301.34 SCHOOL BUS.
"School bus" means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.
(WVaC 17C-1-7)
301.35 SCHOOL GROUNDS.
"School grounds" includes the land on which a school is built together with such other land used by students for play, recreation or athletic events while attending school.
(WVaC 17C-1-55)
301.36 SEMITRAILER.
"Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (WVaC 17C-1-16)
9 Definitions 301.44
301.37 SIDEWALK.
"Sidewalk" means that portion of a street or highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(WVaC 17C-1-38)
301.38 STOP.
"Stop" when required, means complete cessation from movement.
(WVaC 17C-1-52)
301.39 STOP, STOPPING OR STANDING.
"Stop", "stopping," or "standing," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
(WVaC 17C-1-53)
301.40 STREET OR HIGHWAY; ALLEY.
(a) "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(WVaC 17C-1-35)
(b) "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
301.41 THROUGH STREET OR THROUGH HIGHWAY.
"Through street" or "through highway" means every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Traffic Code.
(WVaC 17C-1-40)
301.42 TRAFFIC.
"Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street or highway for purposes of travel. (WVaC 17C-1-50)
301.43 TRAFFIC CONTROL DEVICES.
"Traffic control device" means any sign, signal, marking and device not inconsistent with this Traffic Code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
(WVaC 17C-1-47)
301.44 TRAFFIC CONTROL SIGNAL.
"Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(WVaC 17C-1-48)
301.45 TRAFFIC CODE 10
301.45 TRAILER.
"Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(WVaC 17C-1-15)
301.46 TRUCK.
"Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property.
(WVaC 17C-1-12)
301.47 VEHICLE.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs.
(WVaC 17C-1-2)
301.48 WHEELCHAIR.
“Wheelchair” means a motorized or nonmotorized wheeled device designed for, and used by, a person with disabilities that is incapable of a speed in excess of eight miles per hour.
(WVaC 17C-1-65)
11
ARTICLE 303
Enforcement, Impounding and Penalty
303.01 Authority of Police and
Fire Department officials.
303.02 Application to vehicles
upon streets and highways;
exceptions.
303.03 Obedience to police
officers; fleeing.
303.04 Application to government
vehicles; exception.
303.05 Authorized emergency
vehicles.
303.06 Application to persons
riding animals or driving
animal-drawn vehicles.
303.07 Impounding of vehicles;
redemption.
303.08 Rights of owners of real
property.
303.09 Traffic violation citations;
warning citation.
303.10 Record of traffic violations.
303.11 Interfering with City employees.
303.12 Parties to a crime.
303.13 Offenses by persons owning
or controlling vehicles.
303.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Disposition of abandoned vehicles - see W. Va. Code
17-24-5 et seq.
Uniform application of West Virginia traffic law - see
W. Va. Code 17C-2-7
Power of local authorities - see W. Va. Code 17C-2-8
class=Section11>
class=Section12>
303.01 AUTHORITY OF POLICE AND FIRE DEPARTMENT
OFFICIALS.
(a) It shall be the duty of the officers of the Police Department to enforce all street traffic laws of this Municipality and all of the State vehicle laws applicable to street traffic in this Municipality.
(b) Officers of the Police Department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
(c) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
303.02 TRAFFIC CODE 12
303.02 APPLICATION TO VEHICLES UPON STREETS AND
HIGHWAYS; EXCEPTIONS.
The provisions of this Traffic Code relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways except:
(a) Where a different place is specifically referred to in a given section.
(b) The provisions of this Traffic Code except Article 347 shall apply upon streets and highways as defined in Section 351.06.
(WVaC 17C-2-1)
303.03 OBEDIENCE TO POLICE OFFICERS; FLEEING.
(a) No person shall willfully fail or refuse to comply with a lawful order or direction of any police officer or designated special officer invested by law with authority to direct, control or regulate traffic.
(WVaC 17C-2-3(c))
(b) No person shall operate a vehicle so as to willfully elude or flee a police officer or designated special officer after receiving a visible or audible signal from such an officer to bring his vehicle to a stop.
303.04 APPLICATION TO GOVERNMENT VEHICLES; EXCEPTION.
(a) The provisions of this Traffic Code applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles owned or operated by the United States, this State, or any county, Municipality, town, district or any other political subdivision of the State, except as provided in this section and subject to such specific exceptions as are set forth in this Traffic Code with reference to authorized emergency vehicles.
(b) Unless specifically made applicable, the provisions of this Traffic Code shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street or highway but shall apply to such persons and vehicles when traveling to or from such work.
(WVaC 17C-2-4)
303.05 AUTHORIZED EMERGENCY VEHICLES.
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Traffic Code;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
13 Enforcement, Impounding and Penalty 303.07
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp as authorized by Section 345.18 which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(WVaC 17C-2-5)
303.06 APPLICATION TO PERSONS RIDING ANIMALS OR DRIVING
ANIMAL-DRAWN VEHICLES.
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Traffic Code, except those provisions of this Traffic Code which by their very nature can have no application.
(WVaC 17C-2-6)
303.07 IMPOUNDING OF VEHICLES; REDEMPTION.
Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(a) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations.
(b) When any vehicle has been abandoned or junked on private or public property as provided in West Virginia Code Article 17-24.
(c) When any vehicle has been stolen or operated without the consent of the owner.
(d) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(e) When any vehicle has been used in or connected with the commission of a felony.
(f) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code or West Virginia Code Article 17C-15 whereby its continued operation would constitute a condition hazardous to life, limb or property.
(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(h) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision.
(i) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked.
303.08 TRAFFIC CODE 14
(j) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
Any vehicle removed under authority of subsection (b) hereof shall be disposed of as provided under West Virginia Code Article 17-24. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
303.08 RIGHTS OF OWNERS OF REAL PROPERTY.
Nothing in this Traffic Code shall be construed to prevent an owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Traffic Code, or otherwise regulating such use as may seem best to such owner.
(WVaC 17C-2-9)
303.09 TRAFFIC VIOLATION CITATIONS; WARNING CITATION.
The Chief of the Police Department is authorized and directed to supply police officers with tags or tickets for warning citations in addition to the tags or tickets used for traffic violation citations.
Warning citations may be issued only for the following offenses and in the following circumstances:
(a) Minor speeding violations.
(b) Disobedience of traffic signs or signals within a ten-day period immediately after the installation thereof, where such disobedience is unintentional.
(c) Defective vehicle violations which defects do not pose an immediate grave danger to safety. Such a warning citation shall order the repair of the defects within five days or less, after which period the violator will be subject to arrest.
(d) Expired operator’s license, expired registration plates and expired inspection sticker violations occurring within ten days of such expiration.
Provided, however, that no more than two warning citations shall be issued to an individual within a ninety-day period, and in no event shall more than one warning for the same offense be issued to an individual within a ninety-day period. Provided further than no warning citations shall be allowable where multiple violations occur during the same transaction or occurrence.
The Chief of Police shall have the authority to establish the procedure, for the form, issuance, filing and checking of warning citations, and to change the same from time to time.
(1987 Code 15A-2-8)
15 Enforcement, Impounding and
Penalty 303.99
303.10 RECORD OF TRAFFIC VIOLATIONS.
It shall be the duty of the Clerk of the Municipal Court to keep a record of every traffic complaint or other legal form of traffic charge deposited with or presented to the Municipal Court. The Clerk shall keep a record of every official action by the Court with respect to traffic violations, including but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint deposited with or presented to such Court.
(1987 Code 15A-2-9)
303.11 INTERFERING WITH CITY EMPLOYEES.
No driver or operator of any vehicle shall interfere in any manner with the employees of the City in the discharge of their duties. Sufficient room shall at all times be given to such employees to continue their work without interruption.
(1987 Code 15A-2-10)
303.12 PARTIES TO A CRIME.
Every person who commits, attempts to commit, conspires to commit, or knowingly aids or abets in the commission of, any act declared herein to be a crime, whether individually or in connection with one or more other persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Traffic Code is likewise guilty of such offense.
(1987 Code 15A-2-12)
303.13 OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.
It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law.
If the owner of a motor vehicle is present in the vehicle at the time when another driver is operating the vehicle upon the highways of this City:
(1) With defective or improper equipment in violation of Article 345;
(2) In violation of the weight, height, length or width provisions of Article 347;
(3) With improper registration in violation of Article 351; or
(4) With an expired vehicle inspection decal or certificate in violation of Section 345.32,
the owner rather than the driver shall be arrested for any violation enumerated herein in lieu of an arrest of the driver. If the owner of the vehicle is not present therein, then the driver shall be arrested for any violation enumerated in this section.
(1987 Code 15A-2-13)
303.99 PENALTY.
Whoever violates any provision of this Traffic Code for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00).
17
ARTICLE 305
Traffic Control
305.01 Authority of Council as to
traffic control signs.
CROSS REFERENCES
Uniformity with State law required - see W. Va. Code
17C-2-7
Powers of Municipality - see W. Va. Code 17C-2-8
305.01 AUTHORITY OF COUNCIL AS TO TRAFFIC CONTROL
SIGNS.
Any sign erected by Council pursuant to authority contained in this Traffic Code may be ordered changed or removed by Council; and nothing in this Traffic Code shall be construed as limiting the authority of Council from directing that traffic control signs be erected in such form and at such places as Council may deem proper.
(1987 Code 15A-3-1)
19
CHAPTER THREE - Streets and Traffic Control Devices
Art. 311. Street Obstructions and Special Uses.
Art. 313. Traffic Control Devices.
ARTICLE 311
Street Obstructions and Special Uses
311.01 Placing injurious material 311.04 Parades and assemblages.
in street. 311.05 Roller skates, bicycles, etc.
311.02 Play streets. on sidewalks.
311.03 Toy vehicles on streets. 311.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to prohibit littering in streets - see
W. Va. Code 8-12-5(3)
Authority to regulate processions or assemblages -
see W. Va. Code 17C-2-8(a)(3)
Dropping, leaking loads - see TRAF. 347.04
class=Section13>
class=Section14>
311.01 PLACING INJURIOUS MATERIAL IN STREET.
(a) No person shall throw or deposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street or highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle.
(WVaC 17C-14-11)
(d) No person shall throw, place or deposit upon any street or highway any material, article or substance which injures or damages, or is likely to injure or damage, the street or highway.
311.02 TRAFFIC CODE 20
311.02 PLAY STREETS.
(a) No person shall use the public streets, highways, alleys, thoroughfares, roads or avenues of the Municipality for the purpose of engaging in or playing any games or athletic activities, except public ways specifically set aside for such purposes.
(b) When authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or highway or portion thereof except drivers of vehicles having business or whose residence is within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or highway or portion thereof.
311.03 TOY VEHICLES ON STREETS.
No person on roller skates or riding in or by means of any sled, toy vehicle, skateboard or similar device shall go upon any roadway except while crossing a street on a crosswalk and except on streets set aside as play streets.
311.04 PARADES AND ASSEMBLAGES.
No person, group of persons or organization shall conduct or participate in any parade, assemblage or procession other than a funeral procession upon any street or highway, or block off any street or highway area, without first obtaining a permit from the Police Chief.
Applications for such permit shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than five days before the time intended for such parade, procession or assemblage.
The permit may be refused or canceled if:
(a) The time, place, size or conduct of the parade including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways.
(b) The parade would require the diversion of so great a number of police officers to properly police the line of movement, assembly area and areas contiguous thereto so as to deny normal police protection to the Municipality.
(c) The parade route of march or assembly areas would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality.
(d) The parade would unreasonably interfere with another parade for which a permit has been issued.
(e) The information contained in the application is found to be false, misleading or incomplete in any material detail.
(f) An emergency such as a fire or storm would prevent the proper conduct of the parade.
21 Street Obstructions and Special Uses 311.99
The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the places of assembly and of dispersal, the route of march or travel and the streets, highways or portions thereof which may be used or occupied.
311.05 ROLLER SKATES, BICYCLES, ETC. ON SIDEWALKS.
No person shall use roller skates, coasters, tricycles, small wagons or any other device of similar nature on wheels or runners, on any sidewalk in such a manner as to become a nuisance or so as to endanger life, limb or property.
(1987 Code 15B-1-5)
311.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty.)
23
ARTICLE 313
Traffic Control Devices
313.01 Obedience to traffic 313.05 Flashing traffic signals.
control devices. 313.06 Unauthorized signs and
313.02 Obedience to traffic signals, hiding from
control instructions at view, advertising.
street construction. 313.07 Alteration, injury, re-
313.03 Traffic control signal moval of traffic
terms and lights. control devices.
313.04 Pedestrian control 313.08 Traffic violations in
signals. construction zones.
313.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to place traffic control devices - see
W. Va. Code 17C-2-8(a)(2), 17C-3-3
Placing traffic control devices on State highways -
see W. Va. Code 17C-2-8(b), 17C-3-2
Local regulations requiring traffic control devices -
see W. Va. Code 17C-2-8(c)
Traffic control devices defined - see TRAF. 301.43
Traffic control signal defined - see TRAF. 301.44
class=Section15>
class=Section16>
313.01 OBEDIENCE TO TRAFFIC CONTROL DEVICES.
(a) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Traffic Code, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code.
(b) No provision of this Traffic Code for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(WVaC 17C-3-4)
313.02 TRAFFIC CODE 24
313.02 OBEDIENCE TO TRAFFIC CONTROL INSTRUCTIONS AT
STREET CONSTRUCTION.
The driver of any vehicle shall obey the traffic-control instructions of any law enforcement officer or persons authorized by the Commissioner of Highways or by proper local authorities to operate traffic control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code.
(WVaC 17C-3-4a)
313.03 TRAFFIC CONTROL SIGNAL TERMS AND LIGHTS.
Whenever traffic is controlled by traffic control signals exhibiting the words "go," "caution" or "stop," or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green alone or "go":
(1) Vehicular traffic facing the signal, except when prohibited under Section 343.02, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow alone or "caution" when showing following the green or "go" signal:
(1) Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "stop" signal is exhibited.
(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.
(c) Red alone or "stop":
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone except as provided in subsection (c)(2) and (3) hereof.
(2) A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously make a right turn but such vehicle shall yield the right of way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that Council may by ordinance prohibit any such right turn against a red or "stop" signal at any intersection which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
25 Traffic Control Devices 313.05
(3) A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left, may cautiously make a left turn into the one-way street but such vehicle shall yield the right of way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that Council may by ordinance prohibit any such left turn against a red or "stop" signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
(4) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(d) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(e) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(Ord. 4-28-03.)
313.04 PEDESTRIAN CONTROL SIGNALS.
Whenever special pedestrian control signals exhibiting the words "walk" or "wait" are in place such signals shall indicate as follows:
(a) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
(b) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
(WVaC 17C-3-6)
313.05 FLASHING TRAFFIC SIGNALS.
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
313.06 TRAFFIC CODE 26
(a) Flashing Red (Stop Signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(WVaC 17C-3-7)
313.06 UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW,
ADVERTISING.
(a) No local authority or person shall place, maintain or display upon or in view of any street or highway any unauthorized traffic control device or traffic control signal, or any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic control device bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to a street or highway of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(b) Every such prohibited device, signal, sign or marking is hereby declared to be a public nuisance and the Commissioner of Highways or other authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice.
(WVaC 17C-3-8)
313.07 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL
DEVICES.
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
(WVaC 17C-3-9)
313.08 TRAFFIC VIOLATIONS IN CONSTRUCTION ZONES.
(a) At each and every location where street or highway construction work is to be conducted a sign shall be posted at least 1,000 feet from the construction site, or as close to 1,000 feet from the construction site as is practicable given the location of the site when workers are present, notifying all motorists as to the speed limit and displaying the words "construction work".
(b) No person shall violate any posted speed restriction or traffic restriction at such construction site referred to in subsection (a) of this section.
(c) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this Traffic Code for such violation.
(WWaC 17C-3-4b)
27 Traffic Control Devices 313.99
313.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty.)
29
CHAPTER FIVE - Vehicular Operation
Art. 331. Accidents.
Art. 333. Driving Under the Influence; Reckless Driving.
Art. 335. Speed Restrictions.
Art. 337. Driving on Right; Passing.
Art. 339. Turning and Starting; Signals.
Art. 341. Right of Way.
Art. 343. Special Stops Required.
Art. 345. Safety and Equipment.
Art. 347. Commercial and Heavy Vehicles.
Art. 349. Miscellaneous Rules.
Art. 351. Licensing Generally.
Art. 353. Commercial Drivers.
Art. 355. Motorized Recreational Apparatus.
ARTICLE 331
Accidents
331.01 Accidents involving death 331.06 Immediate reports of
or personal injuries. accidents.
331.02 Accidents involving damage 331.07 When driver unable to
to vehicle. report.
331.03 Duty to give information 331.08 Garages to report
and render aid. bullet damage.
331.04 Collision with unattended 331.09 Written reports to City.
vehicle. 331.99 Penalty.
331.05 Collision with fixtures
upon a street or highway.
CROSS REFERENCES
See sectional histories for similar State law
Authority to require local accident report - see
W. Va. Code 17C-4-15
Impounding wrecked vehicles - see TRAF. 303.07
Removal of glass, etc. from highway - see TRAF. 311.01
331.01 TRAFFIC CODE 30
331.01 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and shall remain at the scene of the accident until he or she has complied with the requirements of Section 331.03: provided, that the driver may leave the scene of the accident as may reasonably be necessary for the purpose of rendering assistance to an injured person as required by Section 331.03. Every such stop shall be made without obstructing traffic more than is necessary. (WVaC 17C-4-2)
331.02 ACCIDENTS INVOLVING DAMAGE TO VEHICLE.
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 331.03. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with such requirements under such circumstances shall be guilty of a misdemeanor.
(WVaC 17C-4-2)
331.03 DUTY TO GIVE INFORMATION AND RENDER AID.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his or her name, address and the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
(WVaC 17C-4-3)
331.04 COLLISION WITH UNATTENDED VEHICLE.
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(WVaC 17C-4-4)
331.05 COLLISION WITH FIXTURES UPON A STREET OR HIGHWAY.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver’s license and shall make report of such accident when and as required.
(WVaC 17C-4-5)
31 Accidents 331.99
331.06 IMMEDIATE REPORTS OF ACCIDENTS.
The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the Police Department.
(WVaC 17C-4-6)
331.07 WHEN DRIVER UNABLE TO REPORT.
Whenever the driver of a vehicle is physically incapable of making an immediate report of an accident as required in Section 331.06 and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report not made by the driver.
(WVaC 17C-4-8)
331.08 GARAGES TO REPORT BULLET DAMAGE.
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the Police Department within twenty-four hours after such motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of such vehicle.
(WVaC 17C-4-12)
331.09 WRITTEN REPORTS TO CITY.
The driver of any vehicle involved in any accident of which he is required to file a report with the Commissioner of Motor Vehicles of West Virginia shall also file a copy of such report with the Chief of Police, at the same time and in the same manner as he files the report to the Commissioner of Motor Vehicles.
(1987 Code 15C-1-9)
331.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty.)
33
ARTICLE 333
Driving Under the Influence; Reckless Driving
333.01 Driving under the influence. 333.03 Hazardous driving.
333.02 Reckless driving. 333.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to prohibit driving under the influence -
see W. Va. Code 8-12-5(21)
Compliance with State law - see W. Va. Code 17C-5-11a
Implied consent - see W. Va. Code 17C-5A
333.01 DRIVING UNDER THE INFLUENCE.
(a) Any person who:
(1) Drives a vehicle in this Municipality while he or she:
A. Is under the influence of alcohol, or
B. Is under the influence of any controlled substance, or
C. Is under the influence of any other drug, or
D. Is under the combined influence of alcohol and any controlled substance or any other drug, or
E. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of such vehicle, which act or failure proximately causes the death of any person within one year next following such act or failure, is guilty of a misdemeanor, and shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000).
(b) Any person who:
(1) Drives a vehicle in this Municipality while he or she:
A. Is under the influence of alcohol, or
B. Is under the influence of any controlled substance, or
C. Is under the influence of any other drug, or
D. Is under the combined influence of alcohol and any controlled substance or any other drug, or
E. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
class=Section18>
333.01 TRAFFIC CODE 34
class=Section19>
(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of such vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor, and shall be confined in jail for not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000).
(c) Any person who:
(1) Drives a vehicle in this Municipality while he or she:
A. Is under the influence of alcohol;
B. Is under the influence of any controlled substance;
C. Is under the influence of any other drug;
D. Is under the combined influence of alcohol and any controlled substance or any other drug; or
E. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent, by weight;
(2) Is guilty of a misdemeanor, and shall be confined in jail up to six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(d) Any person who drives a vehicle in this Municipality while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000). A person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(e) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this Municipality, is guilty of a misdemeanor, and shall be confined in jail for not less than one day nor more than six months, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(f) Any person who:
(1) Knowingly permits his or her vehicle to be driven in this Municipality by any other person who:
A. Is under the influence of alcohol;
B. Is under the influence of any controlled substance;
C. Is under the influence of any other drug;
D. Is under the combined influence of alcohol and any controlled substance or any other drug; or
E. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;
class=Section20>
35 Driving Under the Influence; Reckless Driving 333.01
class=Section21>
(2) Is guilty of a misdemeanor and shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(g) Any person who knowingly permits his or her vehicle to be driven in this Municipality by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof, is guilty of a misdemeanor, and shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(h) Any person under the age of twenty-one years who drives a vehicle in this Municipality while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, shall, for a first offense under this subsection, be guilty of a misdemeanor, and shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). For a second or subsequent offense under this subsection, such person is guilty of a misdemeanor, and shall be confined in jail for twenty-four hours and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided for in West Virginia Code 17C-5A-3a. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.
A person arrested and charged with an offense under the provisions of this subsection or subsection (a), (b), (c), (d), (e), (f) or (g) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.
(i) Any person who:
(1) Drives a vehicle in this Municipality while he or she:
A. Is under the influence of alcohol;
B. Is under the influence of any controlled substance;
C. Is under the influence of any other drug;
D. Is under the combined influence of alcohol and any controlled substance or any other drug; or
E. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and
(2) The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday, shall be guilty of a misdemeanor, and, shall be confined in jail for not less than two days nor more than twelve months, which jail term shall include actual confinement of not less than forty-eight hours, and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000).
(j) A person violating any provision of subsection (a), (b), (c), (d), (e), (f) or (h) of this section, for the second offense under this section, is guilty of a misdemeanor and shall be confined in jail for not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than one thousand dollars nor more than three thousand dollars.
class=Section22>
333.01 TRAFFIC CODE 36
class=Section23>
(k) A person violating any provision of subsection (a), (b), (c), (d), (e), (f) or (h) hereof shall, for the third or any subsequent offense under this section, be guilty of a felony and charged under West Virginia Code 17C-5-2.
(l) For purposes of subsections (j) and (k) hereof relating to second, third and subsequent offenses, the following types of convictions shall be regarded as convictions under this section:
(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e) or (f) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;
(2) Any conviction under a municipal ordinance of this State or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f) or (g) of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.
(m) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section, if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In such case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final.
(n) The fact that any person charged with a violation of subsection (a), (b), (c), (d) or (e) hereof, or any person permitted to drive as described under subsection (f) or (g) hereof, is or has been legally entitled to use alcohol, a controlled substance or a drug shall not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f) or (g) hereof.
(o) For purposes of this section, the term "controlled substance" has the meaning ascribed to it in West Virginia Code Chapter 60A.
(p) The sentences provided herein upon conviction for a violation of this section are mandatory and may not be subject to suspension or probation; provided, that the court may apply the provisions of West Virginia Code 62-11A-1 et seq. to a person sentenced or committed to a term of one year or less for a first offense under this section. An order for home detention by the court pursuant to the provisions of West Virginia Code 62-11B-1 et seq. may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense; provided, however, that for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of West Virginia Code 62-11B-5; provided further, that for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding West Virginia Code 62-11B-5.
(WVaC 17C-5-2)
class=Section24>
37 Driving Under the Influence; Reckless Driving 333.99
class=Section25>
(q) For purposes of this section, the phrase "in this Municipality" means anywhere within the physical boundaries of this Municipality, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel.
(r) When used in this section, the terms or phrases "driving under the influence of intoxicating liquor," "driving or operating a motor vehicle while intoxicated," "for any person who is under the influence of intoxicating liquor to drive any vehicle," or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol...drives a vehicle" as the latter term or phrase is used in this section.
(s) A warrant or indictment which charges or alleges an offense, prohibited by the provisions of this section, and which warrant or indictment uses any of the terms or phrases set forth in subsection (r) hereof, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against him. (WVaC 17C-5-2a)
333.02 RECKLESS DRIVING.
(a) No person shall drive any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private or upon the property of the Board of Education, or upon any property within the Municipal park and public recreation system, in willful or wanton disregard for the safety of persons or property.
(b) The provisions of subsection (a) hereof shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Municipality within the park and recreation system for exclusive use by motorcycles or other recreational vehicles. (WVaC 17C-5-3)
333.03 HAZARDOUS DRIVING.
(a) No person shall operate a motor vehicle or motorcycle without exercising reasonable and ordinary control over such vehicle.
(b) No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
(c) No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle.
333.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty.)
(a) Whoever violates Section 333.02 shall for a first offense be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or imprisoned not less than five nor more than thirty days; for a second or subsequent offense shall be fined not less than fifty dollars ($50.00) or more than one thousand dollars ($1,000), or imprisoned not less than ten nor more than thirty days, or both.
333.99 TRAFFIC CODE 38
(b) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a violation of Section 333.02 who in doing so proximately causes another to suffer serious bodily injury shall be confined in jail not less than ten days nor more than thirty days or fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or both.
(c) For purposes of subsection (b) of this section, “serious bodily injury” means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
39
ARTICLE 335
Speed Restrictions
335.01 Maximum speed limits. 335.04 Racing on streets and
335.02 Slow speed. highways prohibited.
335.03 Special speed limitations. 335.05 Prima facie evidence of
speed by radar.
335.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate speed - see W. Va. Code 17C-2-8,
17C-6-3
Minimum speed regulations - see W. Va. Code 17C-6-3(a)
Special speed limitations - see W. Va. Code 17C-6-4
et seq.
Use of radar - see W. Va. Code 17C-6-7
class=Section26>
class=Section27>
335.01 MAXIMUM SPEED LIMITS.
(a) No person may drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the streets and highways in compliance with legal requirements and the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed for compliance with subsection (a) of this section the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized is lawful, but any speed in excess of the limits specified below in this subsection or established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property including school grounds and any street or highway abutting such school grounds and extending one hundred twenty-five feet along such street or highway from the school grounds. Such speed restriction does not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the Division of Highways;
class=Section28>
335.02 TRAFFIC CODE 40
class=Section29>
(2) Twenty-five miles per hour in any business or residence district;
(3) Fifty-five miles per hour on open country highways; except as otherwise provided by this article.
The speeds set forth in this section may be altered as authorized in West Virginia Code Article 17C-6.
(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) The speed limit on controlled-access highways and interstate highways, where no special hazard exists that requires a lower speed, shall be not less than fifty-five miles per hour and the speed limits specified in subsection (b) of this section do not apply.
(WVaC 17C-6-1)
335.02 SLOW SPEED.
No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(WVaC 17C-6-3a(a))
335.03 SPECIAL SPEED LIMITATIONS.
(a) Subject to all other speed restrictions of this Traffic Code no person shall drive a vehicle not designed for carrying passengers and equipped with pneumatic tires at a speed in excess of:
(1) Twenty miles per hour in any business district;
(2) Twenty-five miles per hour in any residence district;
(3) Forty miles per hour on open country highway;
(4) Trucks licensed at 8,000 pounds gross vehicle weight or less shall be permitted the same speed as passenger cars.
(WVaC 17C-6-4)
(b) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour.
No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is so signposted.
(WVaC 17C-6-5)
class=Section30>
41 Speed Restrictions 335.99
class=Section31>
335.04 RACING ON STREETS AND HIGHWAYS PROHIBITED.
No person shall engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in this Municipality. For the purposes of this section, "speed race" means:
(a) The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or
(b) The operation of a motor vehicle in speed acceleration competition against time; or
(c) The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where the speed exceeds the lawful speed limit.
(WvaC 17C-6-8(a))
335.05 PRIMA FACIE EVIDENCE OF SPEED BY RADAR.
The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, when such evidence is obtained by members of the Police Department. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
(WVaC 17C-6-7)
335.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)
43
ARTICLE 337
Driving on Right; Passing
337.01 Driving upon right side 337.07 Hazardous or no passing
of roadway; exceptions. zones.
337.02 Passing to right when 337.08 One-way roadways and
proceeding in opposite rotary traffic islands.
directions. 337.09 Driving in marked lanes
337.03 Overtaking, passing to or continuous lines of
left; driver's duties. traffic.
337.04 Overtaking and passing 337.10 Following too closely.
upon right. 337.11 Driving upon divided
337.05 Overtaking, passing to roadways.
left of center. 337.12 Entering and exiting
337.06 Additional restrictions controlled-access
on driving upon left highway.
side of roadway. 337.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to establish one-way streets - see W. Va.
Code 17C-2-8(4)
class=Section32>
class=Section33>
337.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic while under construction or repair;
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(WVaC 17C-7-1)
class=Section34>
337.02 TRAFFIC CODE 44
class=Section35>
337.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE
DIRECTIONS.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
(WVaC 17C-7-2)
337.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to these limitations, exceptions and special rules hereinafter stated.
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(WVaC 17C-7-3)
337.04 OVERTAKING AND PASSING UPON RIGHT.
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
(WVaC 17C-7-4)
337.05 OVERTAKING, PASSING TO LEFT OF CENTER.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.
(WVaC 17C-7-5)
class=Section36>
45 Driving on Right; Passing 337.09
class=Section37>
337.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE
OF ROADWAY.
(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve in the street or highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway.
(WVaC 17C-7-6)
337.07 HAZARDOUS OR NO PASSING ZONES.
When signs or markings are in place and clearly visible to an ordinarily observant person indicating that overtaking and passing or driving to the left of the roadway would be especially hazardous, every driver of a vehicle shall obey the directions thereof.
(WVaC 17C-7-7)
337.08 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.
(a) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(WVaC 17C-7-8(b), (c))
337.09 DRIVING IN MARKED LANES OR CONTINUOUS LINES
OF TRAFFIC.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
(c) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.
(WVaC 17C-7-9)
class=Section38>
337.10 TRAFFIC CODE 46
class=Section39>
337.10 FOLLOWING TOO CLOSELY.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway.
(b) No operator of any motor truck, registered for a gross weight of more than 8,000 pounds, bus, special mobile equipment or any motor vehicle drawing another vehicle operating upon any roadway outside of a business or residence district, shall follow within 200 feet of another motor truck, bus, special mobile equipment or any motor vehicle drawing another vehicle; provided that this provision shall not be construed to:
(1) Prevent overtaking and passing;
(2) Apply upon any lane specially designated for the use of motor trucks or combinations of vehicles, or within any section of a roadway posted or marked as a "no-passing zone";
(3) Apply to any convoy of vehicles of the military service of the United States or of this State; and
(4) Apply to funeral processions.
(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to:
(1) Funeral processions; or
(2) Any convoy of vehicles of the military service of the United States or of this State.
(WVaC 17C-7-10)
337.11 DRIVING UPON DIVIDED ROADWAYS.
Whenever any street or highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.
(WVaC 17C-7-11)
337.12 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
(WVaC 17C-7-12)
337.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)
47
ARTICLE 339
Turning and Starting; Signals
339.01 Conformity with provisions 339.08 Signals before changing
required. course, turning or
339.02 Right turns. stopping.
339.03 Left turns on two-way 339.09 Signals to be given by
roadways. hand and arm or signal
339.04 Left turns on other than device.
two-way roadways. 339.10 Hand and arm signals.
339.05 Specified turns at 339.99 Penalty.
intersections.
339.06 "U" turns restricted.
339.07 Starting vehicle.
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate the turning of vehicles - see
W. Va. Code 17C-2-8(a)(9)
Authority to specify different courses for turns -
see W. Va. Code 17C-8-5
class=Section40>
class=Section41>
339.01 CONFORMITY WITH PROVISIONS REQUIRED.
The driver of a vehicle intending to turn at an intersection shall do so as provided in this article.
(WVaC 17C-8-1)
339.02 RIGHT TURNS.
Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(WVaC 17C-8-2)
339.03 LEFT TURNS ON TWO-WAY ROADWAYS.
At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(WVaC 17C-8-3)
class=Section42>
339.04 TRAFFIC CODE 48
class=Section43>
339.04 LEFT TURNS ON OTHER THAN TWO-WAY ROADWAYS.
At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
(WVaC 17C-8-4)
339.05 SPECIFIED TURNS AT INTERSECTIONS.
Council or other designated traffic authority may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this article be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. (WVaC 17C-8-5)
339.06 "U" TURNS RESTRICTED.
(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
(WVaC 17C-8-6)
(b) No vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the street and without interfering with the safe operation of any traffic that may be affected by such movement.
339.07 STARTING VEHICLE.
No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
(WVaC 17C-8-7)
339.08 SIGNALS BEFORE CHANGING COURSE, TURNING OR
STOPPING.
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Sections 339.02 to 339.05, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
class=Section44>
49 Turning and Starting; Signals 339.99
class=Section45>
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(WVaC 17C-8-8)
339.09 SIGNALS TO BE GIVEN BY HAND AND ARM OR
SIGNAL DEVICE.
Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that hand-and-arm signal would not be visible both to the front and rear of such vehicle then such signals must be given by such a lamp or lamps or signal device.
(WVaC 17C-8-9)
339.10 HAND AND ARM SIGNALS.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(a) Left Turn: Hand and arm extended horizontally.
(b) Right Turn: Hand and arm extended upward.
(c) Stop or Decrease Speed: Hand and arm extended downward.
(WVaC 17C-8-10)
339.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)
51
ARTICLE 341
Right of Way
341.01 Right of way at 341.04 Driving onto roadway
intersections. from private road or
341.02 Right of way when driveway; duty to
turning left. yield.
341.03 Right of way at 341.05 Right of way of
through street or emergency vehicle.
highway or stop 341.06 Turning into private drive-
intersections. way, alley or building.
341.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to designate through streets and stop inter-
sections - see W. Va. Code 17C-2-8(a)(6), 17C-12-5
class=Section46>
class=Section47>
341.01 RIGHT OF WAY AT INTERSECTIONS.
(a) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different street or highway.
(b) When two vehicles enter an intersection from a different street or highway at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
(c) The right-of-way rules declared in subsections (a) and (b) hereof are modified at through streets or highways and otherwise as hereinafter stated in this article.
(WVaC 17C-9-1)
341.02 RIGHT OF WAY WHEN TURNING LEFT.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required by this Traffic Code may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicles making the left turn.
(WVaC 17C-9-2)
class=Section48>
341.03 TRAFFIC CODE 52
class=Section49>
341.03 RIGHT OF WAY AT THROUGH STREET OR HIGHWAY OR STOP
INTERSECTIONS.
(a) The driver of a vehicle shall stop as required by Section 343.05 at the entrance to a through street or highway and shall yield the right of way to other vehicles which have entered the intersection from such through streets or highways or which are approaching so closely on such through street or highway as to constitute an immediate hazard but the driver having so yielded may proceed.
(b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through street or highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.
(WVaC 17C-9-3)
341.04 DRIVING ONTO ROADWAY FROM PRIVATE ROAD OR DRIVEWAY;
DUTY TO YIELD.
The driver of a vehicle about to enter or cross a street or highway from a private road or driveway shall yield the right of way to all vehicles approaching on the street or highway.
(WVaC 17C-9-4)
341.05 RIGHT OF WAY OF EMERGENCY VEHICLE.
(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by Section 345.18, which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street or highway.
(WVaC 17C-9-5)
341.06 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
The driver of a vehicle intending to turn into a private road or driveway, alley or building from a public street or highway shall be governed by the following rules:
(a) Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(b) Upon a roadway where traffic is proceeding in opposite directions, approach for a left turn and a left turn shall be made from that portion of the right half of the roadway nearest the center line thereof.
class=Section50>
53 Right of Way 341.99
class=Section51>
(c) Upon a roadway where traffic is restricted to one direction, approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
It shall be the duty of the driver of any vehicle entering a private road or driveway, alley or building to yield the right of way to pedestrians lawfully using the sidewalk or sidewalk area extending across any alleyway, private road, driveway or building.
341.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)
55
ARTICLE 343
Special Stops Required
343.01 Driving across grade 343.07 Stopping for school bus;
crossing. signs and warning
343.02 Stops at dangerous grade lights; sale of school
crossings. bus.
343.03 Stopping at grade 343.08 Stopping for passenger van;
crossing. signs and warning lights.
343.04 Moving heavy equipment 343.09 Obstructing inter-
across grade crossings. section or cross-
343.05 Through streets and stop walk.
intersections. 343.10 Yield signs.
343.06 Driving onto roadway from 343.99 Penalty.
place other than road-
way; stopping at side-
walk.
CROSS REFERENCES
See sectional histories for similar State law
Authority to establish through streets and stop inter-
sections - see W. Va. Code 17C-2-8(a)(6)
class=Section52>
class=Section53>
343.01 DRIVING ACROSS GRADE CROSSING.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
(3) A railroad train approaching within approximately 1,500 feet of the street or highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
(4) Any approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
class=Section54>
343.02 TRAFFIC CODE 56
class=Section55>
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(WVaC 17C-12-1)
343.02 STOPS AT DANGEROUS GRADE CROSSINGS.
Council or other designated traffic authority with the approval of the State Commissioner of Highways is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
(WVaC 17C-12-2)
343.03 STOPPING AT GRADE CROSSING.
(a) Except as provided in subsection (f) of this section, the driver of a commercial motor vehicle specified in subsection (b) of this section shall not cross a railroad track or tracks at grade unless he or she first:
(1) Stops the commercial motor vehicle within fifty feet of, and not closer than fifteen feet to, the tracks;
(2) Thereafter, listens and looks in each direction along the tracks for an approaching train; and
(3) Ascertains that no train is approaching.
When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without change of gears. The driver shall not shift gears while crossing the tracks.
(b) The following commercial vehicles are required to stop at railroad tracks or tracks at grade:
(1) Every bus transporting passengers;
(2) Every commercial motor vehicle transporting any quantity of a United States Department of Transportation defined division 2.3 chlorine;
(3) Every commercial motor vehicle which, in accordance with United States Department of Transportation regulations, is marked or placarded and is required to stop in accordance with 49 C.F.R. part §392.10(a)(3)(2001);
(4) Every cargo tank motor vehicle, loaded or empty, used for the transportation of any hazardous material, as defined in Federal Department of Transportation hazardous materials rules, 49 C.F.R. parts §107 through §180 (2001);
(5) Every cargo tank motor vehicle transporting a commodity which, at the time of loading, has a temperature above its flashpoint as determined by 49 C.F.R. §173.120 (2001); and
(6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity exemption in accordance with 49 C.F.R. part §107 subpart B (2001).
(c) Any vehicle owned by an employer which, in carrying on the employer’s business or in carrying employees to and from work, carries more than six employees of the employer is required to stop at all railroad tracks or tracks at grade, in accordance with subsection (a) of this section.
class=Section56>
57 Special Stops Required 343.04
class=Section57>
(d) All drivers of commercial motor vehicles not required to stop at railroad tracks or tracks at grade as provided in subsection (a) of this section may not cross a railroad track or tracks at grade unless he or she first slows the commercial motor vehicle to a speed which will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the railroad crossing and permit exercise of due caution to ascertain that the tracks are clear of an approaching train.
(e) All drivers of commercial motor vehicles may not proceed to cross a railroad crossing unless there is sufficient space to drive completely through the crossing without stopping and the vehicle has sufficient undercarriage clearance to drive completely through the crossing without stopping.
(f) No stop need be made at:
(1) Any crossing where a police officer, crossing flagger or a traffic-control signal directs traffic to proceed;
(2) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes within a business district, as defined in 49 C.F.R. §390.5 (2000);
(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law permits the commercial motor vehicle to proceed across the track without slowing or stopping; or
(4) A railroad grade crossing which is marked with a sign indicating that the rail line is out of service.
(g) Any person driving a vehicle specified in this section or a vehicle that requires a commercial driver’s license who fails to comply with the requirements of this section is guilty of a misdemeanor. Provided, that if the electric or mechanical signal device is malfunctioning, this subsection shall not apply.
(WVaC 17C-12-3)
343.04 MOVING HEAVY EQUIPMENT ACROSS GRADE CROSSINGS.
(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event, of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
class=Section58>
343.05 TRAFFIC CODE 58
class=Section59>
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
(WVaC 17C-12-4)
343.05 THROUGH STREETS AND STOP INTERSECTIONS.
(a) Council or other designated traffic authority may designate through streets or highways and erect stop signs at specified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such intersection.
(b) Every such sign shall bear the word "Stop" in letters not less than six inches in height and such sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign.
(c) Every stop sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the roadway.
(d) Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection or in the event there is no crosswalk shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting street or highway where the driver has a view of approaching traffic on the intersecting street or highway before entering the intersection except when directed to proceed by a police officer or traffic control signal. (WVaC 17C-12-5)
343.06 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN
ROADWAY; STOPPING AT SIDEWALK.
The driver of a vehicle within a business or residence district emerging from any alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on such roadway.
(WVaC 17C-12-6)
343.07 STOPPING FOR SCHOOL BUS; SIGNS AND WARNING LIGHTS;
SALE OF SCHOOL BUS.
(a) The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on such school bus flashing warning signal lights, as referred to in West Virginia Code 17C-12-8 and such driver shall not proceed until such school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children, including, but not limited to, any street, highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to such highway and where pedestrians are not permitted to cross the roadway. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of this subsection shall be subject to the penalty provided for a violation of this subsection provided, however, that such conviction shall not subject such owner or lessee to further administrative or other penalties for such offense, notwithstanding other provisions of the West Virginia Code or this Traffic Code to the contrary.
59 Special Stops Required 343.99
(b) Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. When a contract school bus is being operated upon a street or highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual, shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children. (WVaC 17C-12-7)
343.08 STOPPING FOR PASSENGER VAN; SIGNS AND WARNING LIGHTS.
(a) Every passenger van used for the transportation of children shall bear upon the front and rear thereof a plainly visible sign containing the warning “Caution: Loading and Unloading Passengers” in letters not less than six inches in height. Every such passenger van shall be equipped with either flashing warning signal lights as are contemplated and referred to in West Virginia Code 17C-12-8, or a red caution flag which the driver or some other adult must use by exiting the passenger van and displaying while assisting in the loading or unloading of passengers. Such vehicles may also be equipped with a white flashing strobotron warning light that meets the requirements set forth in West Virginia Code 17C-15-26(e).
(b) The driver of a vehicle upon meeting or overtaking from any direction any passenger van which has stopped for the purpose of loading or unloading passengers shall stop his or her vehicle before reaching the passenger van when there is in operation on the passenger van flashing warning signal lights or when an adult is outside the passenger van with a red caution flag and assisting with the loading or unloading of passengers. The driver of a vehicle may not proceed until he or she is signaled by the passenger van driver to proceed, the passenger van flashing signal lights are no longer actuated, or the passenger resumes motion. This section applies whenever the passenger van is loading or unloading children on any street, highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a passenger van which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(WVaC 17C-12-17a)
343.09 OBSTRUCTING INTERSECTION OR CROSSWALK.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
343.10 YIELD SIGNS.
No driver or operator of any vehicle approaching any street in the City at which a “Yield” or “Yield Right of Way” sign is erected pursuant to this Traffic Code shall proceed without yielding the right of way to any vehicle which may be approaching upon such street.
(1987 Code 15C-7-9)
343.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty).
61
ARTICLE 345
Safety and Equipment
345.01 Driving unsafe vehicles; 345.18 Special restrictions on
application; farm and lights.
road equipment 345.19 Motor vehicle or motor-
exceptions. cycle brakes.
345.02 When lighted lights 345.20 Inspection of brakes on
required. motorcycles, motor-
345.03 Measurement of distances driven cycles and
and heights. mopeds.
345.04 Headlights on motor 345.21 Horn, siren and theft
vehicles and motor- alarm signal.
cycles. 345.22 Muffler; muffler cutout;
345.05 Tail light; illumination excessive smoke, gas
of rear license plate. or noise.
345.06 Red light or red flag 345.23 Rear-view mirror.
on extended loads. 345.24 Windshield to be
345.07 Lights on parked or unobstructed; wind-
stopped vehicles. &n