Codified
Ordinances
of the
City of
Glen Dale
West Virginia
Complete to January 1, 2007
2
CERTIFICATION
I, David W. Blazer, Mayor of Glen Dale, West Virginia, pursuant to West Virginia Code 8-11-4(b), hereby certify that the general and permanent ordinances of the City of Glen Dale, West Virginia, as revised, rearranged, compiled, renumbered as to sections, codified and printed herewith in component codes are correctly set forth and constitute the Codified Ordinances of the City of Glen Dale, West Virginia, 2003, complete to January 1, 2007.
/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
(2007)
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
Thomas Dobbs Accountant
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
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
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.
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
GENERAL INDEX 12
BUILDING (Cont.)
unsafe structures (Cont.)
hearing 1715.08
occupancy prohibited 1715.07
penalty 1715.99
repair or demolition by City 1715.11
right of entry 1715.05
service of notice 1715.06, 1715.10
Zoning Ordinance
compliance 1317.02
BUILDING CODE, WEST
VIRGINIA STATE
adoption 1709.01
penalty 1709.99
BUILDING ENFORCEMENT AGENCY
appeals from 1715.09
authority 1715.02
established 1715.01
hearings 1715.08
right of entry 1715.05
unsafe structures (see BUILDING)
BUILDING PERMIT
certificate of occupancy
required 1353.04
Certificate of Zoning
Compliance required 1353.02
flood plain area 1721.05, 1721.07
required; fees 1353.03
Subdivision Regulations
compliance 1369.04
BUMPERS 345.33
BUS (see also COMMERCIAL
AND HEAVY VEHICLE)
defined 301.04
passenger van transporting children
defined 301.201
signs, warning lights 343.08(a)
stopping for 343.08(b)
railroad crossing, stopping at 343.03
safety glass 345.26
BUS (Cont.)
school bus
defined 301.34
discharging children 343.07
sale of 343.07
signs; warning lights 343.07
stopping for 343.07
stops; parking in 361.10
BUSINESS AND OCCUPATION
TAXES (see also FINANCE)
administration and construction
of article 733.03
assessment
appeal; correction;
injunction 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
cumulative 733.25
definitions 733.01
disclosure of
information, unlawful 733.34
erroneous computation 733.19
failure to make return 733.20
imposition of privilege tax 733.04
industrial expansion credits 733.16
interstate and foreign commerce
revenue excluded 733.02
lien of tax due and unpaid 733.27
offenses; penalties 733.32
payment; nonpayment penalty 733.26
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