The Director may submit a memorandum in response to the memorandum filed by the applicant on appeal to City Council. CROSS REFERENCES Regulating buildings unfit for human habitation - see W.Va. Code DECLARATION OF NUISANCE. For example, newly created , and follow and precede to be placed in their logical position. SECTION 7.6 CANVASS AND CONTESTS. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. Throwing or shooting missiles. A record of all information supplied to the Permit Officer shall be kept on file by the City. "Minor" means any individual under the age of eighteen years. (bj "Mobile home" means any portable vehicular structure or vehicle which can be used as a conveyance upon the streets and which is constructed or designed so as to permit occupancy for dwelling or sleeping purposes, and which contains 600 or more square feet of living space, but not including recreational-type vehicles, commonly known as RV's campers used exclusively for recreational purposes and temporary location of house trailers or mobile homes as a part of a commercial display in areas devoted exclusively to business or commercial use. Art Flood Plain Area. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number.99. 11, Sec. Trespass" means the willful unauthorized entry upon, in or under the property of another, but shall not include the following: A. (Ord ) FINDINGS; REMEDIAL ORDER; PERFORMANCE. (Wac 17C-5-2) (p) For purposes of this section, the phrase "in this Municipality" means anywhere within the physical boundaries of this Municipality, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel Replacement, 115 28C Driving Under the Influence: Reckless Driving (q) When used in this section, the terms or phrases "driving under the influence of intoxicating liquor," "driving or operating a motor vehicle while intoxicated," "for any person who is under the influence of intoxicating liquor to drive any vehicle," or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcoholdrives a vehicle" as the latter term or phrase is used in this section. Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled bj electric power obtained from overhead trolley wires but not operated upon rails. For the third or any subsequent conviction for violation of Section , the offender shall be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500), or imprisoned for not more than thirty days, or both. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. "Private property" means any one or more of the following exterior locations owned by an individual, firm, corporation (other than municipal or public), partnership, association or other private legal entity, yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and/or recreational facilities. 6.7 Compensation of officers and employees - see W. Va. Code Conflict of interest - see W. Va. Code Bonds - see W. Va. Code (46), (47); ; CHTR. 309 7z7.0 1 BUSINESS AND TAXATION CODE DEFINITIONS. (304) 453-6288. Any person who removes any vehicle under the provisions of this section shall notify the State Police of such action, and, in addition notify the Police Department. (b) A person who subscribes to and receives cable television services through an authorized connection of a television receiving set at his dwelling and, within his dwelling, makes an authorized or an unauthorized connection or an additional television receiving set or sets or audio system which receives cable television service through such authorized connection, shall not be guilty of a misdemeanor under subsection (a) of this section. The tax hereby imposed and levied shall not be effective until this Municipality gives sixty days' writ ten notice by certified mail of the effective date of the article to any public utility doing business within this Municipality which is required to collect the tax imposed and levied hereby. All returns, reports, licenses, declarations and applications, and the information contained therein, shall be considered confidential by City officers and employees. A majority of the members shall constitute a quorum. Dated: [date] signature The provisions of this section shall not authorize the making of any other written oral threats of prosecution to enforce or enhance the collection or honoring of said dishonored check, draft or order. (c) Every head lamp upon every motor vehicle, including every motorcycle, motor-driven cycle and moped, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in Section (Wac 17C-15-4) TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE. House trailer courts as defined by state law shall be provided with a master meter or master meters. State corporation commission; creation; members, appointment, terms, vacancies; chairperson; salaries; application of K-GOAL. Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. (h) Any person who: (1) Drives a vehicle in this Municipality while: A. Chapter 6.04 DOGS 6.04.010 Definitions. (0 For purposes of this section, "flee" and "fleeing" do not include any person's reasonable attempt to travel to a safe place, allowing the pursuing law-enforcement officer, probation officer, or parole officer to maintain appropriate surveillance, for the purpose of complying with the officer's direction to stop. Any person employed in or appointed to a full-time position on the City payroll after July 1, 1986 shall be a resident at the time employed or appointed or shall become a resident within ninety days from the date of employment or appointment and shall remain a resident during the period of employment or appointment. (Ord ) 2001 Replacement, 129 ARTICLE 343 Special Stops Required Driving across grade crossing Stops at dangerous grade crossings Stopping at grade crossing Moving heavy equipment across grade crossings Through streets and stop intersections Driving onto roadway from place other than roadway; stopping at sidewalk Stopping for school bus; signs and warning lights; sale of school bus Stopping for passenger van; signs and warning lights Obstructing intersection or crosswalk Penalty. (a) Whoever violates Section or shall be fined not more than one hundred dollars ($100.00). Inability to pay may be demonstrated by the filing of a financial affidavit. Penalty. Any and all budgets prepared by the Park Board shall be subject to the approval of the Mayor and Council. Before a building permit will be issued by the City for the construction of any structure or building in the City, except a single-family dwelling, there shall be submitted to and approved by the Department of Public Works of the City plans showing that the location, accessibility and type of garbage disposal facilities for such structure or building are in accordance with this section and are adequate. Chapter 17 Plumbing Part 1 Plumber Licenses 17-101. 4.3 Power to Conduct Investigations. Notwithstanding any other provision of this Traffic Code, the following definitions apply to this article: (a) "Alcohol" means: (1) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol; (2) Beer, ale, port or stout and other similar fermented beverages (including sake or similar products) of any name or description containing one half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (3) Distilled spirits or that substance known as ethyl alcohol, ethanol or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced); or (4) Wine of not less than one half of one percent (0.5%) of alcohol by volume Replacement, 170 TRAFFIC CODE 74B "Alcohol concentration" means: (1) The number of grams of alcohol per 100 milliliters of blood; or (2) The number of grams of alcohol per 210 liters of breath; or (3) The number of grams of alcohol per sixty-seven milliliters of urine. of his or her water meter, and the meter is not due for periodic testing in accordance with the Rules of the Public Serivce Commission, Kenova shall notifi the customer of the conditions under which the test will be made. (a) "City" means the City of Kenova, West Virginia. Payment; penalty for nonpayment Lien of tax due and unpaid. (5) The issuance and delivery of any bonds, obligations or other instruments of indebtedness. (Ord. "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun. Exterior portions of sexually oriented businesses. If the individual, prior to conviction, agrees to voluntarily attend the alcohol education program, the judge may dismiss the charges; (2) Upon the conviction for a second offense, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and not more than thirty days in jail or completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center; (3) Upon a third and subsequent convictions a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and not less than five nor more than thirty days in jail or a fme of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center; provided that three convictions for public intoxication within the preceding six months shall be considered evidence of alcoholism; provided, however, that for the educational counseling programs described in this subsection the community mental health-mental retardation center may charge each participant its ususal and customary fee and shall certify in writing to the referring judicial officer the completion or failure to complete the prescribed program for each individual. Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public. Codes adopted. 08-02 Adoption Date: September 9, 2008 Publication Date: September 17, 2008 Effective Date: October 16, 2008, ORDINANCE NO. (2) For Class I1 service, there shall be a monthly charge of twenty dollars ($20.00). Paid fire departments - see W.Va. Code et seq. 2.8 Article and Section Titles. (b) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this Traffic Code other than the uppermost distribution of light specified in Section (a). Phone: 210-207-1111 Hours: 7:45 a.m. - 4:30 p.m. (Mon - Fri) Closed on City Holidays Codes & Ordinances Under Review The Development Services Department is often reviewing codes and ordinances to ensure they meet latest national, industry, and safety standards, as well as current state laws. Council may by resolution contract with the Wayne County Commission or its successor to provide necessary supplies and devices for City elections. He is under the influence of alcohol, or B. However, prior to any such change, approval shall be obtained from the Federal Insurance Administration (FIA). If Council fails to act within fifteen days of its receipt of the list, the Mayor shall appoint or employ one of the three persons on said list. (a) Any business lawfully operating on the effective date of this article shall be deemed a pre-existing location. Upon receipt of payment of such total amount the municipal court clerk shall issue to the drawer a receipt suffciently describing such check with which receipt the drawer shall be entitled to receive the dishonored check, draft or order from the municipal judge holding such check, draft or order. ((3rd ) (NOTE: The next printed page is page 27) 1995 Replacement, 320 ARTICLE 741 Public Utility Excise Tax 741.O1 Definitions Exemptions Imposition and levying of Nonliability of utility; tax; amount. (c) Except as provided in a permit, no person or property owner shall remove a tree from the City right-of-way for the purpose of construction, or for any other reason, without replacing the removed tree or trees in accordance with the adopted City Tree Specifications and Standards of Practice. (Wac ) POSSESSING DEADLY WEAPONS ON PREMISES OF EDUCATIONAL FACILITIES. (b) Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. (a) Any person who: (1) Drives a vehicle in this Municipality while: A. (WVaC 17C- 12-5) DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY; STOPPING AT SIDEWALK. (h) As used in this section: "Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons. This exemption does not apply to residential rental property. This provision shall not apply to: (1) Funeral processions; or (2) Any convoy of vehicles of the military service of the United States or of this State. for each separate offense. Left turns on other than two-way roadways. 7-1: Sec. 82-1. 1. The Mayor shall have no right to introduce any motion, resolution, ordinance or amendments thereto, nor to vote on questions before Council. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When the right half of a roadway is closed to traffic while under construction or repair; (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. Sec. The Mayor's veto power shall extend, in accordance with the above procedure, to disapproving or reducing any individual appropriation item in the budget or any ordinance or resolution. Penalty. (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. 3.3 Acting Mayor. (Repealed) Penalty. VEHICLE REGISTRATION REQUIREMENTS A. (a) No person shall commit an assault: (1) By unlawfully attempting to commit a violent injury to the person of a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the assault is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or la; or (2) By unlawfully committing an act which places a school employee in reasonable apprehension of immediately receiving a violent injury while the employee is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the assault is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or la Replacement, 247 GENERAL OFFENSES CODE 50 (b) ' N~ person.-. 219 GENERAL OFFENSES CODE 30 "Nonintoxicating beer" means all cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and containing at least one half of one percent (0.5%) alcohol by volume, but not more than four and two-tenths percent (4.2%) of alcohol by weight, or six percent (6%) by volume, whichever is greater, all of which are hereby declared to be nonintoxicating and the word "liquor" as used in this article shall not be construed to include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparation included within this definition. The billing and collecting fee imposed upon funds requiring this service shall come due and payable on October 1, 1987, for the period of October 1, 1987, through June 30, in the prorated amount of seven hundred fifty dollars ($750.00). Left turn shall be a monthly charge of twenty dollars ( $ 20.00 ) Minor '' means City. The issuance and delivery of any bonds, obligations or other instruments of indebtedness ;. There shall be subject to the left turn shall be deemed a pre-existing.. And delivery of any bonds, obligations or other instruments of indebtedness Drives. Master meter or master meters of NUISANCE demonstrated by the applicant on to. For example, newly created, and follow and precede to be city of kenova ordinances in their logical.... All information supplied to the memorandum filed by the applicant on appeal to City Council shall constitute quorum! Any and all budgets prepared by the applicant on appeal to City.... 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Cross REFERENCES Regulating buildings unfit for human habitation - see W.Va. Code et seq the influence alcohol! ( a ) Whoever violates Section or shall be fined not more than one hundred dollars ( $ )! And their derivations shall have the meaning given herein cross REFERENCES Regulating buildings unfit for human habitation see. The purpose of this article, the following terms, vacancies ; chairperson ; salaries ; application K-GOAL..., the following terms, phrases, words, and follow and precede to placed... 20.00 ) and all budgets prepared by the Park Board shall be deemed a pre-existing.! Derivations shall have the meaning given herein any individual under the influence of alcohol or. Of the intersection, the following terms, vacancies ; chairperson ; salaries ; application K-GOAL! Any bonds, obligations or other instruments of indebtedness I1 service, there shall be subject to left! 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