Art Enforcement, Impounding and Penalty. "Public place" means any place, building or conveyance to which the public has or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies and corridors of hotels, and any highway, street, lane, park or place of public resort or amusement. No person shall commit any one of the following acts: (a) Display or cause or permit to be displayed or have in his possession any fictitious or fraudulently altered driver's or commercial driver's license or nonoperator's identification; (b) Lend his driver's or commercial driver's license or nonoperator's identification to any other person or knowingly permit the use thereof by another; (c) Display or represent as one's own any driver's or commercial driver's license or nonoperator's identification not issued to him; (d) Use a false or fictitious name in any application for a driver's or commercial driver's license or nonoperator's identification or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application; (e) Permit any unlawful use of a driver's or commercial driver's license or nonoperator's identification issued to him; or (f) Do any act forbidden or fail to perform any act required by this Traffic Code or West Virginia Code Chapter 17. CROSS REFERENCES Authority to regulate - see W.Va. Code 8- l2-5(15) STARTING FIRE IN MUNICIPALITY. All the laws of the State, including but not limited to West Virginia Code Chapter 17C and all rules, regulations and orders made by the Public Service Commission, the State Road Commission, the Department of Motor Vehicles, the Department of Public Safety and the Superintendent of the Public Safety of the State or any one or more of them, insofar as such rules, regulations and orders may relate or apply to traffic upon the public streets and highways of incorporated villages, towns and cities, shall be deemed, held to be and are hereby made a part of this section and any violation of such rule, regulation or order shall be a violation of this section and constitute an offense. "License" means a license to engage in business in this City as a (c) "Person" includes an individual, firm, sole proprietorship, partnership, corporation, association or other entity engaged in the undertaking of construction projects or any combination thereof. (WVaC 16-9A-3) PENALTY. He is under the influence of alcohol, or B. (a) Whoever violates Section or shall be fined not more than one hundred dollars ($100.00). Penalty. "Business" shall not include a casual sale by a person who is not engaged in the business of selling the type of property involved in such casual sale. SECTION 3.5 MAYOR'S POWER OF APPOINTMENT. Whoever knowingly and without being authorized, licensed or invited, enters or remains on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation, shall be fined not more than one hundred dollars ($100.00). House trailer courts as defined by State law shall be provided with a master meter or master meters. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant. (b) Changes in the name of the person or change of location or address, or changes in ownership of the business or changes in real parties of interest shall be considered a cessation of the business and a new certificate shall be required. C. A certificate prepared by the registered professional engineer or architect who prepared the plans in subsection (c)(2)a. hereof, that the structure in question, together with attendant utility and sanitary facilities is designed so that: 1. (f) (g) (h) (4) Excise taxes imposed by this State; or (5) Money or other property received or held by a professional person for the sole use and benefit of a client or another person or money received by the taxpayer on behalf of a bank or other financial institution for the repayment of a debt of another. (WVaC (a)) 501.O8 FALSELY REPORTING AN EMERGENCY INCIDENT. A person exercising a privilege taxable under this article, subject to the payment of all licenses and charges which are a condition precedent to exercising the privilege taxed, may exercise the privilege for the current tax year upon the condition that he shall pay the tax accruing under this article. (i) A person violating any provision of subsection (a),(b), (c), (d) (e), (f) or (h) hereof shall, for the second offense under this section, be guilty of a misdemeanor, and shall be confined in jail for a period of 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 ($1,000) nor more than three thousand dollars ($3,000). "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver license. ), 190 ARTICLE 375 Bicycle Helmets Short title Sale of bicycle helmets Legislative fmdings and Civil actions. profit or commercial use any natural resource products, the amount of such tax shall be equal to the value of the articles produced as shown by the gross proceeds derived from the sale thereof by the producer, except as hereinafter provided, multiplied by the respective rates as follows: coal, two-tenths of one percent (.20%); limestone or sandstones quarried or mined, two-tenths of one percent (.20%); natural gas, in excess of the value of five thousand dollars (S5,000), two-tenths of one percent (.20%); blast furnace slag, two-tenths of one percent (.20%); sand, gravel or other mineral products not quarried or mined, two-tenths of one percent (.20%); timber, two-tenths of one percent (.20%); other natural resource products, two-tenths of one percent (.20%). Such garbage cans and dumpster containers shall be located in such a manner as to insure accessibility to the City's collection vehicles and/or private collector. Ordinances or resolutions vetoed by the Mayor shall be presented by the City Clerk-Treasurer to Council for its consideration at its next regular meeting and should Council then and thereafter adopt the ordinance or resolution by an affirmative vote of at least four of its members, the ordinance or resolution shall be effective on the date specified by Council, but in no event less than fifteen days after the date of final passage. (4) "Person" means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular. (a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality. Crossing roadway outside crosswalk. (2) Fncourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. ARTICLE 331 Accidents 331.O1 Accidents involving death or personal injuries Accidents involving damage to vehicle Duty to give information and render aid Collision with unattended vehicle Collision with fixtures upon a street or highway Immediate reports of accidents When driver unable to report. The Director shall cease all refuse collections for the delinquent accounts. (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. The violations listed are subject, AN ORDINANCE OF THE BOROUGH DEFINING AND ESTABLISHING RATES AND REGULATIONS FOR WATER AND SEWER SERVICE TO PROPERTIES AND ESTABLISHMENTS THEREIN; REQUIRING AND REGULATING CONNECTIONS TO THE WATER AND SEWER, An ordinance relating to Alarm Systems THE TOWNSHIPOF BIRCH RUN ORDAINS: ALARM SYSTEMS Ord. (2) A person also commits the offense of shoplifting if such person, alone or in concert with another person, knowingly and with intent obtains an exchange or refund or attempts to obtain an exchange or refund for merchandise which has not been purchased from the mercantile establishment. (b) Wherever the term "Corporation Council" is used in the Fire Prevention Code, it shall be held to mean the Attorney for the City of Kenova. (a) For the purpose of discharging the duties imposed by this article and to enforce its provisions, a Dog Warden is authorized and empowerd to obtain an appropriate warrant or other legal processes and, in the company of any legal officer to whom such process or processes may be directed, and who is authorized by law to enforce the same, may enter upon any premises upon which a dog or other animal is kept or harbored, and require exhibition by the owner of suspect dog or animal, and the various licenses and rabies tags required therefor, and may impound such animal, or may take possession of such animal when the animal requires humane treatment or care. Art Business Franchise Registration Tax. destroyed or stolen, a temporary facsimile of the plate or plates, showing the number of the same. SECTION 4.3 POWER TO CONDUCT INVESTIGATIONS. No person shall bet or play at any gaming table, bank or device as mentioned in Section , or, at any hotel or tavern, other public place or place of public resort, play at any game except bowling, chess or backgammon, draughts or a licensed game, or bet on the side of those who play at any game, whether or not the game is permitted or licensed. 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. (Ord ) PENALTY. 2.9 CHAUFFEUR'S LICENSE (see COMMERCIAL DRIVERS) CHEATING CHECKS, WORTHLESS complaint, filing , making: issuing notice of dishonor payment of costs CHILD (see JUVENILE; MINOR) CHILD RESTRAINT SYSTEM CIGARETTES AND TOBACCO usage restrictions CITY budget; generally Chtr. --, (a) No person shall carry a concealed deadly weapon, without a State license or other lawful authorization established under the provisions of West Virginia Code et seq. Chapter 880 FIRE ROUTES, CHAPTER 111 ELECTRIC FRANCHISE. "Multipurpose passenger vehicle" means a motor vehicle with motive power, except a trailer, designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional offroad operation. Discarding boxes and crates. (a) Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: provided, that a minor may possess a firearm upon premises owned by such minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his family, with the permission of the owner or lessee of such property. As used in this article, unless the context otherwise requires: (a) "Blackjack" means a short bludgeon consisting, at the striking end, of an encased piece of lead or some other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact when a person or object is struck. (Wac 17C-1-25) GROSS WEIGHT. "Commercial driver license" means a license issued in accordance with the requirements of West Virginia Code Article 17E-1 to an individual which authorizes the individual to drive a class of commercial motor vehicle. 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. If the taxpayer, in exercising a privilege taxable under this article, keeps the books reflecting the same on a basis other than such year, he may, with the consent of the Cleric-Treasurer, make his annual returns and pay taxes for the year covering his accounting period, as shown by the method of keeping his books. Art Weapons and Explosives. (Ord ) COOPERATION AND COORDINATION WITH OTHER DEPARTMENTS. UNIFORM LICENSING, CHAPTER 8 PARKING REGULATIONS (SEE CHAPTER 6 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER.) "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-7-9) Replacement, 122 TRAFFIC CODE FOLLOWING TOO CLOSELY. 1.2 resident defined Chtr. ), 187 ARTICLE 373 Bicycles Compliance; code application to bicycles Obedience to traffic rules; exceptions Riding upon seats; number of persons Attaching bicycle or sled to vehicle Riding on roadways and bicycle paths Carrying articles Lights and reflector on bicycle; signal device; brakes Reckless operation; control, come and wed Penalty. "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-15-31) INSPECTION OF BRAKES ON MOTORCYCLES, MOTOR- DRIVEN CYCLES AND MOPEDS. 501.O5 Impersonating an official or law enforcement officer. Within five days after the adjournment of any Council meeting, the City Clerk-Treasurer shall present to the Mayor the record of proceedings of the meeting and all ordinances and resolutions adopted at the meeting. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z (c) No person shall operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner. 60A POSSESSION OF MARIJUANA. (a) The following mobile home parks in existence and operation in the City on the effective date of this section are exempt from the provisions of Section but shall in all other respects be in compliance with the provisions of this article within ninety (90) days of the effective date of this section: NAME OF PARK/OWNER Max & Donna Crow LOCATION 1700 & 1800 Blocks - Pine Street NUMBER OF LOTS 29 Lots The Carnden Company. Leaking commodes, dripping faucets. Farmer vehicle driver" means the person employed and designated by the farmer to drive a farm vehicle as long as driving is not his sole or principal function on the farm, who is at least eighteen years of age with two years licensed driving experience. (Ord ) (b) Whoever violates Section shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. Should a dispute concerning any district boundary arise, an initial determination shall be made by the Permit Officer and any party aggrieved by this decision may appeal to Council. MidAmerican Energy Company, a corporation, its successors or assigns are hereby granted and vested with the, DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS PUBLIC NOTICE The Board of Elections and Ethics at its Board Meeting on Wednesday, July 28, 2010, certified the short title and summary statement of the, ORDINANCE NO. No vehicle shall be modified to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation. (b) The Clerk-Treasurer shall issue a ruling within a reasonable time from the date of the hearing, and the taxpayer shall have such right of appeal as provided by law. (a) No person shall by threats, menaces, acts or otherwise, forcibly or illegally hinder or obstruct, or attempt to hinder or obstruct, any law-enforcement officer, probation officer, or parole officer acting in his or her official capacity. All rubbish shall be drained of liquid before being deposited for collection. (WVaC 17C-17-2) LOADS DROPPING OR LEAKING. Anchoring. (c) Class C-Utilities. Northwest OKC Chamber of Commerce. "+'"< *, r 7 ~ + 4 -,. (a) Any full-time employee who is on duty on a day designated as a "legal holiday" pursuant to Section , shall be compensated at a rate of two (2) times his or her regular hourly rate of pay for each hour so worked. (Ord ) AMENDMENTS TO TI-E NATIONAL FIRE CODES. 369 Action by Kenova City Council: (First Reading: May ) (Second Reading: June 17,2004) Action by Mayor: Approve Veto Date B. Morrone, III, 370 ARTICLE 1712 Unsafe and Unsanitary Buildings Declaration of nuisance Assessing and collecting Unsafe Buildings Commission. The Board shall supervise, control, operate, improve, administer and maintain the property and facilities known as the Ceredo-Kenova War Memorial Building located at Twelfth and Poplar Streets, Kenova, West Virginia. This Charter shall become effective on July 1, 1986; provided, however, the Mayor and Council in office on said effective date shall serve, with the Mayor continuing to be the presiding officer for and voting member of Council without veto power, until July 1, ARTICLE THREE ELECTED OFFICER - MAYOR SECTION 3.1 POWERS AND DUTIES OF MAYOR. Said grace period shall expire on the date as designated by the West Virginia Commissioner of Motor Vehicles, after which time any undated registration plate or windshield placard is invalid and subject to confiscation by any police officer of the Municipality. ARTICLE 125 Clerk-Treasurer CROSS REFERENCES General provisions - see CHTR. (WVaC 17C-14-13) Replacement, 178 TRAFFIC CODE MANNER OF ANGLE AND PARALLEL PARKING. 6.4 Supervision of public offices - see W.Va. Code Art. No person shall refuse to make any return required to be made by this article; or shall make any false or fraudulent return or false statement in any return, with intent to defraud the City or to evade the payment of the tax, or any part thereof, imposed by this article; no person shall aid or abet another in any attempt to evade the payment of the tax, or any part thereof, imposed by this article; no president, vice president, secretary or treasurer of any corporation shall make or permit to be made for any corporation or association any false return or any false statement in any return required in this article, with the intent to evade the payment of any tax hereunder. (d) Any group desiring to place a sign on any of the fence sign panels shall make application to the City Clerk on a form prescribed by the Clerk. (WVaC 17C-3-9) TRAFFIC VIOLATIONS IN CONSTRUCTION ZONES. 259 ARTICLE 541 Railroads Speed, blocking of crossings Trespassing Penalty. & 43-5. SECTION 3.2 MAYOR OR REPRESENTATIVE MAY ATTEND COUNCIL MEETINGS. (2) Findings - and determinations. Greater Oklahoma City Chamber of Commerce. B. No motor vehicle shall be operated on any street or highway in this Municipality when equipped with a television receiver unless such receiver is so placed that the screen or picture tube of such receiver is visible only in the rear seat of such motor vehicle and not in view of the operator of such motor vehicle. In City Court proceedings for the recovery of fines or for the enforcement of penalties fixed by ordinance or other law, the Court shall, so far as applicable, conform to the provisions of general law governing civil proceedings before a Magistrate of the State of West Virginia or successor. 304 BUSINESS AND TAXATION CODE FORMS AND REGULATIONS; ENFORCEMENT. & 43-2. Whoever violates Section shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both Replacement, 267 ARTICLE 547 Worthless Checks Making, issuing worthless checks; Complaint; notice of complaint; penalty. (e) Exceptions. 17E-1 Commercial vehicles - see TRAF. A resident vendor is an individual, partnership, association or corporation maintaining an active bona-fide place of business within the City for a minimum of three years and, in the case of a corporation, is duly qualified to do business and is in good standing under the laws of the State. Except as otherwise provided by general law, the Mayor shall in the budget propose the salaries of all City employees, appointed officers, the members of Council and the Mayor; provided, however, any change in the salary of the Mayor or of Council members must also be adopted by ordinance, which ordinance shall not become effective during the current term of any Mayor or Council member. Consolidated for Convenience Only, PUBLIC SAFETY ORDINANCE. The Assessor shall take such factors into consideration in assessing the properties therein. (Ord ) FINDINGS; REMEDIAL ORDER; PERFORMANCE. In contrast, the City of Kenova argues, and the circuit court agreed, that W. Va. Code, 24-6-5 [1989] clearly and unambiguously states that "[a] . No person, firm or corporation shall keep or have honey bees or hives of honey bees within fifty feet of improved property, within the corporate limits of the City. 7.8 recall Chtr. Considered as a whole, appeals to the prurient interests; B. Depicts or describes in a patently offensive manner ultimate sexual acts, both normal and perverted, actual or simulated, masturbation, sodomy, fellatio, cunnilingus, bestiality, sadism, excretory functions or lewd exhibition of the genitals; and C. Considered as a whole, lacks serious literary, artistic, political or scientific value. Lessees, sublessees or other denominated lessees are considered to be producers of all of the oil or natural gas produced, regardless of any payment, in kind, or lessors, sublessors or other denominated lessors of a part of such natural resources as rents or royalties. (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. "Garbage can" means a metal, plastic or rubber watertight receptacle, together with a close fining cover of like material, weighing not more than approximately sixty-five pounds, having a capacity of not more than fifty-five gallons or for the safe and convenient carrying and the emptying of the contents thereof. (Ord ) ESTABLISHMENT OF THE FLOOD PLAIN AREA. When the total tax for which any person is liable under this Article does not exceed the sum of one hundred dollars in any year, the taxpayer may pay the same quarterly as aforesaid, or, with the consent in writing of the Clerk-Treasurer at the end of the month next following the close of the tax year. The amount assessed shall be immediately due and payable. Overtime pay benefits. Such agency shall be composed of the Mayor, the Building Inspector and one member at large, to be selected by and to serve at the will and pleasure of the Mayor. (b) Appeals Board Established. A person arrested and charged with an offense under the provisions of subsection (a), (b), (c), (d), (e) or (f) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence. (Ord ) PENALTY. This exemption shall be canceled immediately when the student is graduated from school, college or university or is expelled or ceases to be a student. This fee is to be used to pay for the cost of the administration and enforcement of this article. No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling" TAKING, INJURING OR TAMPERING WITH VEHICLE. (i) If requested by an employee in writing, an unpaid personal leave may be granted by the Mayor, in his sole discretion, up to a maximum of one week leave for every full year in service by the employee at the time the leave is so requested. "Mobile home" includes any building, vehicle or enclosure used, or intended for use, as part of the equipment of any mobile home. CROSS REFERENCES West Virginia Contractor Licensing Act - see W.Va. Code Art B. 40. Art Traffic Control Devices. VII, Sec. CHAPTER NINE - Pedestrians and Bicycles Art Pedestrians. (Wac 17C-1-39) MOPED. 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. 2.3 Attendance requirement - see CHTR. Every person riding an animal or driving any animaldrawn 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. Land or lands and real estate or real property include lands, tenements and hereditaments, and all rights thereto and interests therein except chattel interests. CROSS REFERENCES See sectional histories for similar State law Maximum penalty permitted - see W. Va. Code , (57) Authority to impose penalties - see W. Va. Code , (11) Codification of ordinances - see W. Va. Code (b) 101.O1 DESIGNATION; CITATION; HEADINGS. OFFICE OF THE MAYOR OFFICE OF THE MAYOR OFFICE OF THE MAYOR Payment in full of the proper tax or fee as required by the City, the issuance of a City license certificate and the fulfillment of all terms and conditions of such grant shall be conditions precedent to the transaction of any business, profession, calling, vocation, activity, trade or employment for which the City license is required. Persons younger than eighteen prohibited from entry; attendant required. Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the Commission. See City Job Opportunities; Career Opportunities; Get Alerts and Notifications; Email Subscriptions; Attend Upcoming Events and Meetings; Agendas and Minutes; Calendar; Column 2. IV, Sec. Military personnel, including the national guard and reserve, will be exempt from the provision of this article, only: (1) When in uniform; and (2) Operating equipment owned by the United States Department of Defense, except during declared emergencies or disaster situations; and (3) On duty; and (4) In possession of a valid classified military driver's license for the class of vehicle being driven. 17C-14-13 ) Replacement, 178 TRAFFIC Code MANNER of ANGLE and PARALLEL PARKING FOLLOWING TOO.... Be fined not more than one hundred dollars ( $ 100.00 ) Section or shall be of! 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