city of kenova ordinances

(Ord ) 1998 Replacement, 79 ADMINISTRATIVE CODE 32F ARBORIST. (2) July 1,2003 and thereafter. general provisions (Cont.) Driving - in Procession. Class A residents who live in an owner-occupied house are exempt from paying a fee on the first two thousand square feet of usable living space. (WVaC 17B-2-2) Replacement, 167 TRAFFIC CODE 72B DISPLAY OF LICENSE. (WVaC 17B-4-1) DRIVING UNDER SUSPENSION OR REVOCATION. Art Offenses Relating to Property. (WVaC ) (f) Whoever violates Section (a) shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000). (c) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (Wac 17C-15-32) HORN. shall be deemed to be a "group of combination acting as a unit" and one "person", as defined therein, whenever engaged in the business of producing oil or natural gas through common use, by joint or separately executed contracts, of the same independent contractor, driller or operator's services; and notwithstanding provisions of private contracts for separate deposit of gross receipts in separate members' accounts or for members of such group or combination to take in kind any proportionate part of such natural resources. Art Right of Way. Any person convicted of a second violation of Section (a) shall be imprisoned for not more than thirty days or fmed not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000), or both. 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. 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). To ensure its commercial and residential customers maintained water service, the City of Kenova outsourced and purchased water in bulk from the City of Ashland, KY (via water line), the City of Lavalette, WV (through a bypass), and West Virginia American Water (via Ace Services trucks)13 to keep the clear well14 at the plant full.15. Sexually oriented businesses are classified as follows: (a) Adult arcades; (b) Adult bookstores and video stores; (c) Adult cabarets; (d) Adult motels; (e) Adult motion picture theaters; (f) Adult theaters; (g) Escort agencies; (h) Nude model studios; and (i) Sexual encounter centers. The owner shall within the time fixed in the order, notify the Commission of his intention to comply with the order, in which case, the work shall be done under the supervision of the City Building Officials. "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. according to the size of the water meter installed Replacement Meter Size Minimum Bill Minimum Usage (inches) (dollars) (gallons) 518 $ ooo , ,O , 342 6A Water and Sewer Charges (A) Indicates advance. (Wac ) Replacement, 265 65 Wea~ons and Ex~losives *., * ' BRANDISHING DEADLYWEAPONS.,* '.. (Wac ) POSSESSING DEADLY WEAPONS ON PREMISES OF EDUCATIONAL FACILITIES. The connection fee shall be $ Customer Deposit. CROSS REFERENCES Dogs generally - see W. Va. Code Art Vaccination of dogs - see W. Va. Code Art A Cruelty - see GEN. OFF DEFINITIONS. 5.4 Acting Appointed Officers and Vacancies. I, Sec. Lavout of mobile home parks. In the case of buildings or structures which are to be so designated, they shall embody the principal or unique features of an architectural type or demonstrate the style of a period of our history or method of construction, or serve as an illustration of the work of a master builder, designer or architect whose genius influenced the period in which he worked or has significance in current time Replacement, 76 32C Kenova Historical Commission Prepare a register of buildings, structures and sites which meet the requirements of subsection (a) hereof, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures, sites and transportation systems. (WVaC a) UNLAWFUL PURCHASE FROM RETAIL LIQUOR LICENSEE. & 43-6. The Mayor shall appoint, with the approval of Council, the City Clerk-Treasurer, the City Judge, and all other City officers, employees and members of agencies, boards and commissions as provided by general law, this Charter or ordinance and may, except where prohibited by general law, this Charter, ordinance or any duly adopted merit or civil service systems, remove any City officer, employee or member of an agency, board or commission at the Mayor's pleasure; provided, however, any officer or employee so removed who is not covered by a duly adopted merit or civil service system shall have a right to appeal the removal to Council, which after holding a hearing at which the officer or employee and the Mayor may testify, may by an affirmative vote of three members of Council retain said officer or employee. 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. IV, Sec. Emergency - Restriction of Use. Where more than one house, dwelling, trailer or camper is connected to the same (common) meter, the bill rendered shall not be less than the minimum charge, multiplied by the number of houses, dwellings, trailers or campers. (Ord ) FEE COLLECTION SCHEDULE. Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Permit Officer. In the absence of extenuating circumstances, a handicapped parking space will not be designated on the portion of a public street abutting a residence that has a private driveway. For each offense after the first offense, such person shall be guilty of a felony, and shall be fined not more than ten thousand dollars ($ 10,000), or imprisoned in the penitentiary not more than three years, or in the discretion of the Court, be confined in the County Jail not more than one year, or both. (b) "Fire Marshal" means the West Virginia State Fire Marshal andlor his or her designated representatives. (a) It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time that the sexually oriented business is open for business Replacement, 289 BUSINESS AND TAXATION CODE 2P (b) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business' regular business hours. Extension of Police Jurisdiction. (WVaC 17C-15-23) ALTERNATE ROAD-LIGHTING EQUIPMENT. For the purpose of this section: (1) "Custodian" means a parent, guardian or other adult person having the legal responsibility for the care and custody of a minor. The 2000 International Mechanical Code. 3.6 Hiring special counsel - see W.Va. Code la Notice of suit against municipality - see W.Va. Code, 51 ARTICLE 129 Police Department EDITOR'S NOTE: The Police Department was placed under State Civil Service law by Council on December 5, There are no sections in Article 129. The purpose of the War Memorial Board is to supervise and control the property and facilities known as the Ceredo-Kenova War Memorial Building, and to establish, improve, develop, administer, operate and maintain facilities for memorial and recreational purposes. (c) "Garbage" means putrescible animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food. 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. All returns, reports, licenses, declarations and applications, and the information contained therein, shall be considered confidential by City officers and employees. 11, Sec. (Ord ) Action by Kenova City Council: (First Reading: November 11, 2003) (Second Reading: November 20, 2003) (Effective date: November 20, 2003). 4.1 qualifications Chtr. Tire equipment restrictions. Notice of assessment; petition for reassessment; hearing. street construction site through street, signs at unauthorized TRAFFIC SIGNAL (see TRAFFIC CONTROL DEVICE) TRAILER (see also MOBILE HOME) defined , TRAILER COURT (see MOBILE HOME PARK) TRAIN (see RAILROAD) TREES AND SHRUBS applicability Arborist; duties , Board authority term definitions enforcement landscaping licensing litter, as penalty planting; maintenance purpose removal TRESPASS land or premises railroad cars vehicles (b) voyeurism TRUCK (see COMMERCIAL AND HEAVY VEHICLE) UNSAFE BUILDINGS Commission costs findings hearing injunction nuisance , other remedies right of entry U TURN UTILITIES tampering; theft VEHICLE (see MOTOR VEHICLE) VEHICLE EQUIPMENT brakes child restraint system exceptions exhaust noise (c) farm, road machinery horn, siren Replacement, 23 25 GENERAL INDEX VEHICLE EQUIPMENT (Cont.) Right of \va\ " means the prib liege of the immediate use of the street or highway. No person licensed under West Virginia Code Chapter 60 shall: (a) Sell alcoholic liquors of a kind other than that which is permissible under West Virginia Code Chapter 60; (b) (c) Sell beer to which wine, spirits or alcohol has been added; Sell wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulations of the West Virginia Alcohol Beverage Control Commissioner; ( Wac ) (d) (1) Sell alcoholic liquors or nonintoxicating beer to a person who is: A. (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. 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. (Wac 17C-11-1) OBEDIENCE TO TRAFFIC RULES; EXCEPTIONS. If the meter is not found to be more than two percent (2%) in error, the utility shall retain the amount advanced by the customer for the test. (2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture that produce a large snake-like ash when burning. (a) Definitions. accounting Enforcement Records; inspection Tax to be effective Penalty. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. "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. (1) "Conceal" means to hide, hold or carry merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation. Certificate of inspection and approval. (Ord ) COMMERCIAL ESTABLISHMENTS. (Ord ) CONSTRUCTION OR DEMOLITION SITES. (5) ' Wire sparklers &i^y of *%re of slick^boated^wttb%~nexplosive. Class A vehicles are as defined by West Virginia Code 17A Agency authorization and emergency equipment are defined in West Virginia Code 17C Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles. The view required in this subsection must be by direct line of sight from the manager's station. (WVaC ) Replacement, 263 63 Weapons and Ex~losives ^ CARRYING CONCEALED DEADLY :WEAEflNS WITHOUT LICENSE. Alternate road-lighting equipment. (WVaC 17C-5-2a) RECKLESS DRIVING. (Ord ) 1998 Replacement, 193 CODIFIED ORDINANCES OF KENOVA PART FIVE - GENERAL OFFENSES CODE Art Administration and Law Enforcement. Art Tree Board and Tree Regulations. (Wac ) LOTTERIES AND RAFFLES. The secretary shall keep accurate records of the proceedings of the Commission which will be made available to anyone at reasonable notice upon written request. (Ord ) PENALTY. 4.2 Organization of Council. PO Box 691 Ceredo, WV 25507 (304) 453-1041 (b) Battery. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog Replacement, 204 GENERAL OFFENSES CODE 12 a,. The Clerk-Treasurer may distrain upon any goods, chattels or intangibles represented by negotiable evidences of indebtedness of any taxpayer delinquent under this article for the amount of all taxes and penalties accrued and unpaid hereunder. (Ord ) 1995 Replacement, 317 BUSINESS AND TAXATION CODE APPEAL; CORRECTION OF ASSESSMENT; INJUNCTION. 7.8 recall of members Chtr. MOTOR VEHICLE STATUTES N.J.S.A 39:3-4 Driving or parking unregistered motor vehicle 39:3-9a Failure to notify change in name $55 39:3-9a Failure to endorse license, 500 CENTER AVENUE, BOX 779, MOORHEAD, MINNESOTA 56561 (218) 299-5166 TDD 711 TREE CONTRACTORS LICENSE APPLICATION Business Name: Business Address: Phone No. (a) Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Kenova. Notwithstanding that the total amount of such taxes collected by a hotel operator may be in excess of the amount for which a consumer would be liable by the application of the levy of three percent for the occupancj of hotel rooms, the total amount of all taxes collected by any hotel operator shall be remitted to the taxing authority as provided in this article. No person shall, when required by the Police Chief or any other officer, refuse or neglect to assist him in the execution of his office in a criminal case, in the preservation of the peace or in the apprehension or securing of any person for a breach of the peace or in any case of escape or rescue. A reference contained in this Charter to general law shall be construed to mean the respective law as it exists on the effective date of this Charter or as it may thereafter be amended. (Wac ) ACTING AS LOOKOUT OR GUARD FOR KEEPER OF GAMBLING APPARATUS. Whenever the Commission, with the consent of the property owner, certifies property as being a registered landmark, it may seek and obtain from such property owner an agreement as to such restrictions upon the use of the property as the Commission finds are reasonable and are calculated to perpetuate and preserve the features which led it to designate such property as an historical landmark. (g) Signs erected in the future that designate areas as "handicapped parking" or that display the international symbol of access shall also include the words "$100 fine". If an> customer shall request in v-nting a test of the accurac! II, 2.5-21 2.5-23, 2.5-23.1, 2.5-24 2.5-27, 2.5-28, in its entirety and enacted new provisions to read as herein set out. (d) No tank truck, or tank trailer engaged in hauling dangerous chemicals, petroleum products, explosives or inflamrnables, or similar materials, whether loaded or empty, shall be stored, kept or parked or permitted to be stored, kept or parked inside the City for a longer period than one hour while engaging in the process of unloading or in case of emergency. 2.8 construct:. Removal of a mobile home. 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. SECTION 1.2 POWERS OF CITY. (Wac ) PENALTY. (a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Disposal shall be accomplished by transporting such feces to a place suitable for the disposal of canine feces. Sec. The Kenova Police Department covers roughly 10 square miles (16.09 km2). The certification shall be promptly presented to the Director (d) In the event that the Director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days of the receipt of its application by the Director, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this article. (a) No person shall drive a vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. Sanitary landfills shall not be permitted. Any Council member so selected must resign from Council prior to assuming the office of Mayor. 5.2 City Judge. (Ord ) MUZZLE. (3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture that produces white or colored smoke. (WVaC 17C-3-6) FLASHING TRAFFIC SIGNALS. Beginning July , there is hereby imposed, levied and assessed upon all single family units and commercial establishments in the City, a service fee in the amount of three dollars ($3.00) per month. Activity Amusement or music devices: 1 device 2-5 devices devices 1 1 or more devices Rate $ per device per device per device Billiard or pool: First table Each additional table Bowling Alley: First alley Each additional alley Carnivals: For each performance Riding devices Concessions Games of skill Candy or merchandise wheel $ OO per table $ per alley $5.00 per week per week 5.00 per week per week per day Collection agency $ Employment agency $ Fortune telling, palmist, etc. Such budget shall be submitted to Ceredo and Kenova in February of each year and shall take effect as approved by the Councils in July of each year. (c) No person shall knowingly buy for, give to or furnish nonintoxicating beer to anyone under the age of twenty-one years to whom they are not related by blood or marriage. (a) Whoever violates Section shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both. 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. "Public bicycle pathn means a right-of-way within this Municipality for use primarily by bicycles and pedestrians. The Mayor shall specify, with particularity, the facts that caused and constituted the emergency requiring such expenditure to be made. The first Saturday in May and the first Saturday in September of each year are designated for "City-wide" yard sales. In case of emergency, the City shall have the right to restrict the use of any part of the system in any reasonable manner for the protection of the system and the inhabitants of the City. (Ord ) RETURNS AND REMITTANCE GENERALLY. (Ord ) TOBACCO USAGE RESTRICTIONS. Codes adopted. 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. 82-33. (WVaC 17C-7-1 1) ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY. When a house, dwelling, apartment unit, trailer or other residential or rental property shall remain unoccupied, with no water company metered user, for a period of ninety (90) or more days, payment of the floodwall fee shall then become the responsibility of the owner of the house, dwelling, apartment unit, trailer or other residential or rental property and shall be assessed against the owner at the rate set forth above. (d) No person, without the consent of the owner, shall willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, sound or other transmission. Recording of tax liens. Property or estate embraces both real and personal estate. Art Liquor Control. (b) Commercial establishments may enter into an agreement for a greater frequency of collection. 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. & 43-4. 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) Abrogation and Greater Restrictions. (Ord ) MUNICIPAL FACILITIES TO PAY FOR WATER. SECTION 3.5 MAYOR'S POWER OF APPOINTMENT. (c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. (Ord ) DIRECTOR'S AUTHORITY. Production of coal and other natural resource products. (c) Delayed Payment penal^. Nothing in this section, nor any rule or regulation of the Alcohol Beverage Control Commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of nonintoxicating beer. (b) The "fiscal year" shall begin on July 1st and end on June 30th. 217 GENERAL OFFENSES CODE 2 6 (c) No employees shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher or when such employee distributes, prepares or exhibits obscene matter while acting within the scope of his employment. (Ord. Secretary. Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways. "Motor homes" means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis. . CROSS REFERENCES Authority to tax - see W. Va. Code Business and occupation tax - see W. Va. Code Art Collection of taxes - see W. Va. Code et seq. The name, street address (and mailing address if different) and West Virginia driver's license number of the intended operator; B. "Firearm" means any weapon which will expel a projectile by action of an explosion. '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. 211 ORDINANCE ENACTING ARTICLE 513 "GAMBLINGn 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 KENOVA THAT: LIMITATION ON NUMBER OF VIDEO LOTTERY TERMINALS A. (Wac 17C-1-39) MOPED. "Property owner" means the person(s) owning designated property as shown by the County Assessor's Plat of the City of Kenova, Wayne County, West Virginia, as the case may be Replacement, 80 32G Tree Board and Tree Regulations "Removen means the cutting down or damaging, whether by deliberate or negligent act or omission, or any act which causes the tree to die within three years. , 193 CODIFIED ORDINANCES of KENOVA PART FIVE - GENERAL OFFENSES CODE Art Administration and Law.! Preparation, cooking or consumption of food State Fire Marshal andlor his or her representatives... Begin on July 1st and end on June 30th ) 453-1041 ( b ) `` Garbage '' putrescible! Street or highway 263 63 Weapons and Ex~losives ^ CARRYING CONCEALED DEADLY WEAEflNS! ) 1998 Replacement, 79 ADMINISTRATIVE CODE 32F ARBORIST snow removal equipment shall be accomplished by transporting such feces a! 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That caused and constituted the emergency requiring such expenditure to be effective Penalty WVaC 17C-7-1 1 ) ENTERING and CONTROLLED-ACCESS!
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