city of kenova ordinances
(2) An applicant or an applicant's spouse is overdue in his payment to the City, the State of West Virginia or the United States Government of taxes, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business. (Ord ) PRIVATE CLUBS; LICENSE FEE. Art Clerk-Treasurer. Every vehicle other than a school bus, motorcycle, motor-driven cycle or moped operated upon a street or highway within this Municipality at any time from sunset to sunrise or during fog, smoke, rain or other unfavorable atmospheric conditions, or at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street or highway at a distance of 500 feet ahead shall display lighted head lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as provided for in Section 345.O7(c). (g) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Impounded dogs shall be redeemed in such manner as provided by the County RABID ANIMALS. (Wac 17C-17-3) MAXIMUM WIDTH, HEIGHT AND LENGTH. "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. This article has been established to provide a place for cross references and future legislation. On the first Monday following any election, Council shall canvass the returns of the election and declare and certify the result within five days thereafter. 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%). Class C: commercial mooertv. Adopt rules and regulations concerning the operation of the Commission, the functions and responsibilities of its officers, employees, assistants and other personnel and such other matters as may be necessary to carry out the purposes of this article; and Adopt such other rules and regulations as may be deemed necessary to effectuate the purposes of this article, but no such rules and regulations shall be inconsistent with the provisions of any plan of any planning commission of the Municipality. MAPS 3. CROSS REFERENCES Appointment of special police - see W.Va. Code Powers and duties - see W.Va. Code , Hours of duty; holidays - see W.Va. Code , a School zone officers - see W.Va. Code Parking lot or building officers - see W.Va. Code a Civil service - see W.Va. Code et seq. CROSS REFERENCES Power of governing body - see W.Va. Code Fire protection contracts - see W.Va. Code , (56) Volunteer fire companies - see W.Va. Code et seq. ARTICLE 101 Codified Ordinances Designation; citation; Construction of section headings. Sec. (Ord ) PAYMENT; PENALTY FOR NONPAYMENT. (WVaC 17B-4-1) DRIVING UNDER SUSPENSION OR REVOCATION. Use of headlight beams. (Ord ) APPEALS. No person shall carry, transport or have in his possession, any machine gun, submachine gun or any other fully automatic weapon unless he or she has fully complied with applicable Federal statutes and all applicable rules and regulations of the Secretary of the Treasury of the United States relating to such firearms. (a) No person under the age of twenty-one years shall order, pay for, share the cost of or attempt to purchase any nonintoxicating beer, wine or alcoholic liquors from a licensee or consume any nonintoxicating beer, wine or alcoholic liquors purchased from a private club licensee or possess any nonintoxicating beer, wine or alcoholic liquors purchased from a licensee. This section shall not apply to any such check, draft or order when the payee or holder knows or has been expressly notified prior to the acceptance of the same or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment as aforesaid, nor shall this section apply to any postdated check, draft or order. 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. Art Refuse Collection. (WVaC ) FALSE REPORTS CONCERNING BOMBS OR OTHER EXPLOSIVE DEVICES. (a) The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. All such compensation and all expenses incurred in carrying out the provisions of said Article 13 shall be paid solely and only from funds provided under the authority or power given it so as to bind the Board or the City beyond the extent to which money shall have been or may be provided under the authority of said Article 13. . (3) Mandatory oenaltv. Any person violating the provisions of Section 33 1.O1 after being involved in an accident resulting in physical injury but not death to any person shall be imprisoned for not more than thirty days, or fined not more than one thousand dollars ($1,000) or both. 6.8 Prohibitions. Utility Rates. Overtime pay benefits. (Ord ) 1993 Replacement, 294 BUSINESS AND TAXATION CODE 4D STOP WORK ORDER. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street or highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (c) Prior notice shall consist of conspicuously posting a notation of intent to tow on the vehicle at least forty-eight hours prior to the removal of the vehicle or personally handing to the owner a notification of the intent to tow. (c) No person shall place, deposit or discard or cause to be placed, deposited or discarded any of the articles mentioned in subsections (a) and (b) hereof, in any drainage structure such as an open ditch, gutter, catch basin, inlet or storm drain. ), 208 ARTICLE 513 Gambling Keeping or exhibiting gambling apparatus. (b) A motor vehicle including any load thereon shall not exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers. Upon receipt of a complaint for a misdemeanor warrant unaccompanied by proof that notice was sent by the payee or holder, the municipal court shall immediately prepare and mail to the drawer of such check, draft or order a notice in form substantially as follows and shall impose additional court costs in the amount of ten dollars. (Ord ) 1993 Replacement, 373 ARTICLE 1719 Flood Plain Area General provisions Definitions Establishment of the flood plain area Utilization of the flood plain area Criteria for building and site plan approval Specific requirements Administration. (a) Refuse accumulated by residences shall be collected at least once each week, unless less frequent collection is approved by the Director because of weather conditions or other emergency conditions. The fee charged to the owner(s) of unimproved property shall be twenty-five dollars ($25.00) per year. SECTION 2.9 SEPARABILITY CLAUSE. Indecent exposure. (WVaC 17C-13-2) PROHIBITED STOPPING, STANDING OR PARKING PLACES. Amendments noted where applicable.] (a) The City may grant up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. (c) It is an absolute defense to a charge for a violation of this article that a parent or legal guardian is unable to pay for the protective bicycle helmet. A plat in duplicate containing the information required under paragraph (a) above shall be submitted with such renewal application unless no changes in the mobile home park have been made since the last plat on the mobile home park was submitted, which shall be so certified by the applicant. If the applicant certifies that no such changes have been made, no new plat is required. ORDINANCE NO. 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." (Wac 17C-15-37) SAFETY GLASS IN MOTOR VEHICLES. & 43-2. "Treen means: (1) Any self-supporting woody plant which has a well defined stem with a diameter of at least four inches at four and five-tenths feet from the ground. Adequate drainage shall be provided to reduce exposure to flood hazards. (c) The Building Inspector shall cause an accurate account to be kept of all fees collected under the terms of this article, which account shall show the date of collection, by whom paid, the address(es) for which such payment is made and the amount of each such fee. Penalty. Art Ceredo-Kenova Railroad Museum Commission. (b) Performance Ability of Brakes. CHAPTER FIVE -Administrative Art Mayor. [5] 304 BUSINESS AND TAXATION CODE FORMS AND REGULATIONS; ENFORCEMENT. (2) July 1,2003 and thereafter. (b) The standards and requirements as set out and as published by the International Code Council, as listed below, shall have the same force and effect as if set out verbatim in this section: The 2000 International Building Code. (WVaC 17E-1-7) 353. which is inoperative and which has been abandoned on public property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over five days; or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher: Provided, that a motor vehicle, or major part thereof, shall not be considered an abandoned motor vehicle if: A. (b) No person shall operate on any street or highway any vehicle or combination of vehicles with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the street or highway. This section pertains to anyone I\ ho has not made prior arrangements with the Water Works Manager Replacement. General provisions. 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. "Revolver" means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand. that if such failure is due to reasonable cause, the City of Kenova may waive in u hole or in part these penalties. Pursuant to tj 29-22B of the West Virginia Code, the Legislature limits the number of video lottery terminals that may be located in the State of West Virginia to nine thousand (9,000). (Ord ) 1998 Replacement, 191 TRAFFIC CODE DEFINITIONS. On apartment buildings or any other multiple occupancy building containing more than one family or business unit, the bill rendered shall not be less than the minimum monthly charge applicable to each unit multiplied by the number of units on the site at the time the meter is read. 3.2 SECTION 2.7 PUBLIC ACCESS. school bus defined discharging children sale of signs; warning lights stopping for stops parking in BUSINESS AND OCCUPATION TAX amusements, operating banking; other financial business coal production; other natural resources contracting definitions furnishing property for hire general provisions administration and construction appeal; assessment correction; injunction assessment notice; reassessment; hearing collection by distraint collection, enforcement of computation; remittance erroneous computation exemptions failure to make return jeopardy assessments lien of tax due and unpaid liens, recording payment; nonpayment penalty BUSINESS AND OCCUPATION TAX (Cont.) (Wac ) (e) Whoever violates Section shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. Sec. For the purposes of this section, a forfeiture of bail or collateral deposited to secure such person's appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction. It is further the purpose of this article to establish a governing board for the Ceredo-Kenova War Memorial facilities so both Ceredo and Kenova may have input and representation in the management and control of such facilities. (Ord ) SALE OF BICYCLE HELMETS. "Tourist camp" includes any temporary or permanent buildings, tents, cabins or structures, or trailers or other vehicles which are maintained, offered or used for dwelling or sleeping quarters for pay. 15, Update 2) View what's changed This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. No person or company shall, without a business license, engage in or prosecute in the City, any business activity without first obtaining a business certificate from the City. (e) The City may require any applicant for any service by the system to deposit J reasonable and equitable amount to insure payment of all charges for the services rendered by the system, which deposit shall be handled and disposed of under the applicable rules and regulations of the State Public Service Commission. Eff ) 1995 Replacement, 272 ARTICLE 549 Jail break Jail breaking by convicted or Escapes and aiding in escapes:. 37 Sec. "Hotel room" shall not be construed to mean a banquet room, meeting room or any other room not primarily used for, or in conjunction with, sleeping accommodations. An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting. Such notice shall state in clear and concise language the reasons for revocation of the permit and the time when and the place where the hearing is to be held. Disposition of application. ((3rd ) Replacement, 108 CHAPTER FIVE - Vehicular Operation Art Accidents. Meter Size (inches) Minimum Bill Minimum Usage - (gallons) 2,000 (A) Indicates advance. Sec. It is the purpose of this article to promote and protect the public health, safety, and general welfare by providing for the regulation and inspection of the construction of buildings and structures within the City. Date C.O. Hand and arm extended upward. (a) Whoever violates Section or shall be fined not more than one hundred dollars ($100.00). (Wac 17C-15-19] MULTIPLE-BEAM ROAD-LIGHTING EQUIPMENT REQtJIREMENTS. 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. City of Pierre 2301 Patron Parkway Pierre, SD 57501 Ph: 605-773-7407 Fx: 605-773-7406 Quick Links. 1. "Board" means the state board of plumbing. (2) "Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials. (d) Notwithstanding any other provisions of this Traffic Code, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated: (1) Blue flashing warning lights are restricted to police vehicles. 11, Sec. Section Code, CHART OF MOVING VIOLATIONS The following chart lists the moving violations that are designated by the Texas Department of Public Safety pursuant to statutory authority. (j) 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 Replacement, 114 TRAFFIC CODE 28B (k) For purposes of subsections (i) and (j) 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) or (e) of the prior enactment of this section for an offense which occurred on or after September 1, 1981, and prior to the effective date of this section; (2) Any conviction under the provisions of subsection (a) of the prior enactment of this section for an offense which occurred within a period of five years immediately preceding September 1, 1981 ; (3) 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) or (f) of this section, which offense occurred after June 10, 1983; and (1) 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. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or B. A person who operates or causes to be operated a sexually oriented business without a valid permit and/or license or otherwise violates this article is subject to a suit for injunction as well as prosecution for criminal violations as provided herein, all in addition to the suspension and revocation powers of the Director for noncompliance with the provisions of this article. (c) For the purposes of this article, a "full-time" employee is an employee who works an average of at least forty (40) hours per week per annum, including paid leaves, and a "parttime" employee is an employee v\ ho works an average of less than forty (40) hours per week per annum. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section. 'Public property" means streets, street medians, street catch basins, street gutters, sidewalks, strips between traveled portions of streets and the property lines which abut such streets, public lanes, public alleys, public rights of way, public parking lots, school grounds, Municipal or County vacant lots, public parks, public playgrounds, other publicly owned or operated recreational facilities, and/or Municipal streams, ditches or drainage facilities. Television receiver in driver's view prohibited. An City Attorney. Inspection of brakes on motorcycles, motordriven cycles and mopeds. (3) Manufactured homes shall be elevated on a permanent foundation so that the lowest floor of the manufactured home will be at or above the base flood elevation Replacement, 380 BUILDING AND HOUSING CODE 12 If fill is used to raise the finished surface of the lowest floor to the base flood elevation: (1) Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. "Gross income" of a banking or financial business is specified in Section "Gross proceeds of sales" means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cast of property sold or expenses of any kind. Business of contracting. (WVaC 17C-1-43) DRIVER. (1) All new or replacement water systems, whether public or private, shall be designed to minimize or eliminate infiltration of flood waters into the systems. (1) "Funeral director" and "funeral establishment" have the same meaning as set forth in West Virginia Code ) "Funeral procession" means two or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, cemetery, or other location at which the funeral service or final disposition is to be held, including a funeral lead vehicle or a funeral escort vehicle. 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