Government Offices. If Council fails to act within fifteen days from its receipt of the name of any designated appointee or prospective employee, said name shall be deemed approved by Council. (a) Definitions. 4.2 Organization of Council. 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. RATE SCHEDULE I Rate First Next Next Next Next Next Over Gallons Used Per Month 2,000 $ Per 1,000 Gallons 6.70 Minimum Charge. The person or property owner shall bear the cost of removal and replacement of all trees so removed and replaced. 211 CMR: DIVISION OF INSURANCE 21 APPENDIX A: TRAFFIC LAW VIOLATIONS. Chapter 17 Plumbing Part 1 Plumber Licenses 17-101. Excluding employees, appointments by the Mayor shall be made within ten days after the Mayor takes office or after a vacancy in an office or in membership occurs. It is the purpose of this article to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the City of Kenova. Not take any action unless authorized by a majority of the members at a properly constituted regular or special meeting. licenses, fees or other monies of whatever nature that may be due to the Cic from such vendor or contractor. CROSS REFERENCES Power to ~ollecl - see W \"a. Purpose. in street Penalty Play streets Toy vehicles on streets. (Ord ) ENFORCEMENT. No person shall, by promises, threats, violence or any device or scheme cause, induce, persuade or encourage an inmate of a house of prostitution to remain therein as such inmate; or shall, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procure any person to become an inmate of a house of ill fame, to enter any place in which prostitution is encouraged or allowed within this Municipality, or to come into or leave this Municipality for the purpose of prostitution, or shall procure any person to become an inmate of a house of ill fame within this Municipality or to come into or leave this Municipality for the purpose of prostitution; or shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any person to become an inmate of a house of ill fame within this Municipality, or to come into or leave this Municipality for the purpose of prostitution. (WVaC 17C-1-3) OWNER. Police may remove illegally stopped vehicles. license tax Wine distributors and retailers; license tax. (b) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. 368 ORDINANCE AMENDING ARTICLE 1711 "WEST VIRGINIA STATE BUILDING CODE" OF THE CODIFIED ORDINANCES OF THE CITY OF KENOVA PURSUANT TO LAWFUL AUTHORITY VESTED IN THE MUNICIPALITY KNOWN AS "THE CITY OF KENOVA." (b) "Harboring" means any person sheltering and feeding a dog for fifteen days or more. (Ord ) PRIVATE PROPERTY OWNER'S RESPONSIBILITY. For purposes of this section, "law-enforcement officer" and "law-enforcement official" shall have the meanings set forth in West Virginia Code except that such terms shall not include members of the State Division of Public Safety and shall not include individuals hired by non-public entities for the provision of security services. (2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. No person shall unlawfully attempt to commit a violent injury to the person of another or unlawfully commit an act which places another in reasonable apprehension of immediately receiving a violent injury. (d) "At large" means any dog which is off or away from the premises of the owner or keeper thereof, unless such dog is: (1) Restrained by means of a leash or chain not over six feet in length; or (2) Under such effective direction, supervision or command of a competent person as to be in fact restrained. (WVaC 17C-15-35) WINDSHIELD TO BE UNOBSTRUCTED; WINDSHIELD WIPER. Whoever violates any provision of this subsection shall forfeit any sick leave pay for the period such employee fails or refuses to return to work and such employee shall be subject to disciplinary action by the City. 111, Sec. & 43-5. nor more than five hundred dollars ($500.00) and such fine shall not be suspended; or the defendant shall be confined in jail not more than thirty days, or both. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. 6.3 investigations, pohc-r to conduct Chtr. (Ord ) FUNERAL LEAVE BENEFIT. 4.3 meetings notice open to public Chtr. Art Police Department. right of way (cont.) (Ord ) Replacement, 202 GENERAL OFFENSES CODE VACCINATION AND RABIES TAGS AND CERTIFICATES.?. Additional restrictions on driving upon left side of roadway Hazardous or no passing zones One-way roadways and rotary traffic islands Driving in marked lanes or continuous lines of traffic Following too closely Driving upon divided roadways Entering and exiting controlled-access highway Penalty. 30 5 CHARTER Sec. (b) A sun screening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow or amber in color. (Ord ) GARBAGE CANS TO BE ACCESSIBLE. 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. Whenever the Chief of the Bureau of Fire Prevention disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Appeals Board within thirty days from the date of the decision appealed. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number.99. Business of contracting. Loading. 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. (Ord ) 1990 Replacement, 326 ARTICLE 751 Municipal Service Fees 751.O1 General service fee. (a) Brake Equipment Required. (b) For purposes of this section, "litter" means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing. Signal lamps and signal devices. V, Sec. (Ord ) EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES. 2.7 special sessions organization Chtr. 60A POSSESSION OF MARIJUANA. 2-2S87; ) EXEMPTIONS. (6) A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures. Each municipal law-enforcement agency must record on accident report forms whether a modified vehicle was involved in the accident. (Wac 17C-15-41) TELEVISION RECEIVER IN DRIVER'S VIEW PROHIBITED. Upon any person engaging or continuing within this City in any public service or utility business, except railroad, railroad car, express, pipeline, telephone and telegraph companies and water carriers, there is likewise levied and shall be collected taxes on account of the business engaged in equal to the gross income of the business multiplied by the respective rates as follows: street and interurban and electric railways, one and four-tenths percent (1.4%); water companies, four percent (4%) except as to income from Municipally owned water plants; electric light and power companies, four percent (4%) on sales and demand charges for domestic purposes and commercial lighting and three percent (3%) on sales and demand charges for all other purposes, except as to income from Municipally owned plants producing or purchasing electricity and distributing the same; natural gas companies, three percent (3%) on the gross income for this purpose to be determined by deducting from gross income from all sales to consumers the amount of the tax paid by the taxpayers under Section ; toll bridge companies, three percent (3%); and upon all other public service or utility businesses, three percent (3%). All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to or above the base flood elevation; or together with attendant utility and sanitary facilities, shall be designed so that below the base flood elevation the structure is floodproofed in accordance with Section (~)(2). (4) "Person" means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular. (c) "Garbage" means putrescible animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food. 308 ARTICLE 737 Business and Occupation 7- lax Definitions. (WVaC 17C-6-3a(a)) SPECIAL SPEED LIMITATIONS. it is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling class operated: (a) By a proprietary school licensed by the State of West Virginia; a college, junior college, or university supported entirely or partly by taxation, (b) By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. The municipal court clerk shall forward the amount of the check to the payee or holder thereof, along with a description of the check, draft or order sufficient to enable the person filing the complaint to identify such check, draft or order and the transaction involved. (a) If the majority of the members of the Unsafe Buildings Commission present at such hearing are of the opinion that the building in question is unfit for habitation or is unsafe, unsanitary, dangerous or detrimental to the public welfare, the Commission shall enter an order requiring that such building be closed or demolished, or, in a proper case, setting forth such repairs as are considered necessary in order to make the building reasonably suited for human habitation or to make it safe and sanitary and not dangerous or detrimental to the public. The licensure provisions set forth in West Virginia Code Article 61-7 shall not apply to: (a) Any person carrying a deadly weapon upon his own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business, nor shall anything herein prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site, and returning to his or her home, residence or place of business; (b) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from the State, or from the United States for the purpose of target practice, from carrying any pistol, as defined in Section (g), unloaded, from his home, residence or place of business to a place of target practice, and from any such place of target practice back to his home, residence or place of business, for using any such weapon at such place of target practice in training and improving his skill in the use of such weapons ; (c) Any law-enforcement officer or law-enforcement official as such are defined in West Virginia Code ; (d) Any employee of the West Virginia Department of Corrections duly appointed pursuant to the provisions of West Virginia Code while such employee is on duty; (e) Any member of the armed forces of the United States or the militia of the State while such member is on duty; (f) Any circuit judge, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney. A vacancy shall be created in the office of Mayor if the Mayor's temporary absence exceeds sixty days. The ordinance further imposed a fee of $2.00 per month per local exchange service line or line equivalent, to finance the projected costs of the enhanced emergency telephone system. No person shall act as doorkeeper, guard or watch, or employ another person to act as such, for a keeper or exhibitor of any gaming table, bank or device as mentioned in Section , nor resist, nor by any means or device, prevent, hinder or delay the lawful arrest of such keeper or exhibitor, or the seizure of the table, bank or device, or money exhibited or staked thereat, nor unlawfully take the same from the person seizing it. In the alternative, the City may, at its option, use an adjustment that allows it to recov,er the Public Service Commission's estimate of "typical incremental cost" per thousand gallons of water usage above the historic usage. (Wac 17C-10-5) WALKING ALONG STREETS AND HIGHWAYS; SOLICITING RIDES. SECTION 2.4 BONDS. (f) Application for a permit, whether original or renewal, must be made to the Director by the intended operator of the enterprise. The statement shall be sworn to by the chairman and secretary and treasurer of the Board. The Sanitary Board shall prepare a financial statement and cause it to be published as a Class I legal advertisement in compliance with the provisions of Article 3, Chapter 59 of the Code of West Virginia, and the publication area for such publication shall be the sanitary district. 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. In the event the amount of the charge for any single public utility service exceeds the sum of twenty thousand dollars ($20,000) in any given calendar month, to any single purchaser, no tax shall be imposed for such additional purchase, use or consumption in excess of such amount of twenty thousand dollars ($20,000). Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained. (WVaC 17C-1-45) CONTROLLED-ACCESS HIGHWAY. "Parking offense" means a violation of a State statute, an ordinance or resolution adopted by a county, municipality or authority or a regulation issued by a State authority, APPENDIX A - CHARTER ORDINANCES NOTE: The charter ordinances included herein are for information only. (Ord ) PENALTY. Eff ) CREATION OF SANITARY BOARD. Impounding of vehicles; redemption. Charges for possessing deadly weapons on premises of educational facilities should now be filed under state law.) There shall be no opening or gate in such fence except with the written approval of the owner of the immediately adjoining land, which approval shall be filed with the Building Inspector. (Ord ) EXISTING MOBILE HOMES AND MOBILE HOME PARKS. 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-1-47) TRAFFIC CONTROL SIGNAL. Title 11, ARTICLE 48-B REGISTRATION OF ALL TERRAIN VEHICLES, Alarms. More. (Ord ) GENERAL PROVISIONS. (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. 40:69A-1 et seq. Action by Kenova City Council: (First Reading: May 20,2004) (Second Reading: June 17,2004) Action by Mayor: Approve Veto Date W^u.w^. Right of \va\ " means the prib liege of the immediate use of the street or highway. 5.56.040 Alarm User Response. (5) The use of yellow flashing warning lights shall be authorized as follows: A. (b) (c) Right Turn. The City Clerk-Treasurer shall: collect all taxes, fines and fees due to the City; conduct an annual inventory of all City property which had, at the time of purchase, a value of one thousand dollars or more; prescribe the forms of receipts, requisitions, vouchers, bills or claims to be used by all offfices, agencies, boards and commissions of the City; examine all contracts and other documents by which the City incurs financial obigation; inspect and audit before payment all purchase orders, bills, invoices, payrolls and other evidence of claims, demands or charges against the City; inspect and audit any account or record of financial transactions which may be maintained by any office, agency, board or commission of the City; provide Council and the Mayor with a complete financial statement for all City accounts monthly; and perform such other duties as may be required by the Mayor, this Charter, ordinances or general law. 304 BUSINESS AND TAXATION CODE FORMS AND REGULATIONS; ENFORCEMENT. 1.3 effective date Chtr. (7) Contain proof of liability insurance if required by permit type. (Ord ) JURY DUTY BENEFIT. The Kenova Police Department covers roughly 10 square miles (16.09 km2). (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. (WVaC 17C- 14-9) DRIVING OVER FIRE HOSE. "Mercantile establishment" does not include adjoining parking lots or adjoining areas of common use with other establishments. (e) An employee's length of service as of July 1st shall be used to determine the amount of vacation time to which the employee is entitled. "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. ARTICLE TWO GENERAL PROVISIONS SECTION 2.1 DEFINITION OF RESIDENT. ((3rd. If any article, section, subsection, paragraph, sentence, clause or word of this Charter is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality or application of any other portion of this Charter. When signs or markings are in place and clearly visible to an ordinarily obser~ ant 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. 7.5 Election Dates. (b) For capital expenditures, repairs, professional services or contracts for supplies costing more than one thousand dollars ($1,000.00) or any series of capital improvements, repairs, professional services or contracts for supplies constituting essentially a single project and costing in the aggregate more than one thousand dollars ($1,000.00), notice inviting bids shall be published as a Class 1 legal advertisement. (WVaC 17C-7-9) Replacement, 122 TRAFFIC CODE FOLLOWING TOO CLOSELY. Pension and relief fund - see W.Va. Code Art Police bonds - see W. Va. Code, 52 ORDINANCE ENACTING SECTION "POLICE JURISDICTION OVER TERRITORY WITHOUT THE CORPORATE LIMITS OF KENOVA" OF ARTICLE 129 "POLICE DEPARTMENT" OF THE CODIFIED ORDINANCES OF THE CITY OF KENOVA PURSUANT TO LAWFUL AUTHORITY VESTED IN THE MUNICIPALITY KNOWN AS 'THE CITY OF KENOVA," BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF KRNOVA THAT: GENERAL POLICE JURISDICTION OVER TERRITORY WITHOUT THE CORPORATE LIMITS OWNED BY KENOVA A. (1) It is hereby deemed unlawful for any person to open or operate any business and/or occupy any structure within the town limits for the privilege of engaging in any, Fines in Traffic Cases VIOLATIONS OF CITY OF COLUMBUS ORDINANCES 2109.02 Disregard school boy patrol 55.00 2109.03 Resisting an enforcing officer 70.00 2109.06 Prohibited pedestrian on freeway 35.00 2109.06, Chapter 3.26 CAR RENTAL OCCUPATION TAX Sections: 3.26.010 Purpose. 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