(Ord ) ENFORCEMENT. The form of such notice shall be substantially as follows: You are hereby notified that check number [#I, issued by you on [date], drawn upon [bank], and payable to [payee], has been dishonored. Provisions of all other codes, ordinances and regulations shall be applicable insofar as they are consistent with the provisions of this article and the community's need to minimize the hazards and damage resulting from flooding. of the West Virginia Code, as amended, except to the extent that those facilities provide video programming directly to subscribers. The penalties so added shall be collected at the same time and in the same manner and as a part of the tax. No loud hi-fi's or radios; such hi-fi's or radios shall be kept at medium sound so as not to disturb other campers after 10:OO p.m. All pets shall be on a leash. (g) Upon the return to work by any employee taking unpaid leave under this section, the City shall restore such employee to their original or equivalent position with equivalent pay, benefits, and other employment terms. Nothing is 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 a licensee which includes the sale and serving of alcoholic liquor. (c) No signs shall be erected so as to block the "Welcome" signs and adjacent fence sign panels from being seen from the adjoining street. Possessing deadly weapons on premises of educational facilities. (a) No person licensed under West Virginia Code Article 60-7, or his agent, employee or member thereof, on such licensee's premises shall: Sell or offer for sale any alcoholic liquors other than from the original package or container; Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice; gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine; Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of nonintoxicating beer, wine or alcoholic liquors on the licensee's premises, by any person less than twenty-one years of age; Sell, give away, or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs; Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of 3:00 a.m. and 1:00 p.m. on Sunday: Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty-one years of age; With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor; Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of the private club or a guest of such member; 1995 Replacement, 226 37 Liauor Control (9) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the Commissioner; (10) A. Additional passengers may be carried in a factory produced side car provided that there is one passenger per seat. 323 23rd St, Kenova, WV, 25530 . (2) Constructed with materials and utility equipment resistant to flood damage. Eff ) Replacement, 60 ARTICLE 137 War Memorial Board EDITOR'S NOTE: Former Article 137 was repealed by an Ordinance, passed March 15, Replacement, 61 ARTICLE 137 War Memorial Board Purpose Expenses Additional funds Power and authority Membership Bylaws Personnel. Art Bicycle Helmets Replacement, 88 CODIFIED ORDINANCES OF KENOVA PART THREE - TRAFFIC CODE CHAPTER ONE - Administration Art Definitions. (Ord. "Public trees" means all shade and ornamental trees now or hereafter growing on any street or any public right-of-way or in any other public areas. Water company metered users shall pay, 331 seven dollars ($7.00) per month per meter. (b) Except as may herein be expressly provided, whoever violates any provision of this article shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than thirty days, or both. that if such failure is due to reasonable cause, the City of Kenova may waive in u hole or in part these penalties. No person, group of persons or organization shall conduct or participate in any parade, assemblage or procession other than a funeral procession upon any street or highway, or block off any street or highway area, without first obtaining a permit from the Police Chief. In the event such intersecting street or highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such streets or highways shall be regarded as a separate intersection. (WVaC 17C-1-13) 301.O5 BUSINESS DISTRICT. 45 CHAPTER THREE - Legislative Art Council. or diversion Evidence. (Ord. All nonlaw-enforcement funeral escort vehicles and funeral lead vehicles may be equipped with at least one lighted circulation flashing lamp exhibiting an amber or purple light or lens. Operator Fox Ruff with the City of Kenova helps the West Virginia Department of Highways pump clean water into the system as they deliver emergency water to the Kenova Water Treatment Plant. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section display a red tail lamp and either multiple-beam or single-beam head lamps meeting the requirements of Section (Wac 17C-15-1) WHEN LIGHTED LIGHTS REQUIRED. For the purposes of this section, "speed race" means: (a) The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or (b) The operation of a motor vehicle in speed acceleration competition against time; or (c) The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where the speed exceeds the lawful speed limit. Such vehicles may also be equipped with a white flashing strobotron warning light that meets the requirements set forth in West Virginia Code 17C-15-26(e). ((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. a municipal corporation, levying or imposing the tax authorized by this article. Interstate and foreign commerce revenue excluded. Adoption of the budget shall constitute appropriation of the amounts specified therein as expenditures from the funds indicated. "Mobile home" includes any building, vehicle or enclosure used, or intended for use, as part of the equipment of any mobile home. If such petition for reassessment is filed, accompanied by the necessary security, the provisions for hearing, determination and appeal set forth in this article shall then be applicable. The Mayor shall exercise directly, or through authorized and duly appointed representatives, supervision over all executive and administrative work of the City and shall supervise the investment of all City funds. (Wac ) PIMPING. (e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a distance of at least 200 feet. (Ord ) DISCARDED LEAVES, GRASS OR TREE TRUNKS; HEAVY OR BULKY ITEMS. Art Kenova Historical Commission. and 49-5-l(b) and amendments thereto, and other applicable provisions of law. No person shall publicly display and offer for rent or sale, or, where the person is other than a natural person, knowingly permit an employee thereof to publicly display and offer for rent or sale, to any passersby on any street, road or alley, any deadly weapon, machine gun, submachine gun or other fully automatic weapon, any rifle, shotgun or ammunition for same. (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. Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. (b) The purpose of this article is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that while riding on a bicycle on public roads, public bicycle paths and other public rights-of-way of this Municipality, all bicycle operators and passengers under fifieen years of age wear approved protective bicycle helmets. (3) Funeral processions have the right-of-way at intersections regardless of traffic control devices subject to the following conditions and exceptions: A. (b) When authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or highway or portion thereof except drivers of vehicles having business or whose residence is within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or highway or portion thereof TOY VEHICLES ON STREETS. The Mayor, within seven days of receipt of an ordinance or resolution, shall return it to the City Clerk-Treasurer with his or her approval signature, or with his or her written veto, or the Mayor may not act. "Mercantile establishment" does not include adjoining parking lots or adjoining areas of common use with other establishments. If the custodian cannot be contacted, or if he or she fails to come to accept release, the minor shall be released to the West Virginia Department of Welfare. SECTION 6.8 PROHIBITIONS. On February 15, 1984, the City of Kenova, a municipal corporation, acting through the Kenova Water Works, Wayne County, adopted an ordinance increasing rates and charges for municipal water service provided both within and outside the corporate limits of the City of Kenova to become effective no sooner than 45 days thereafter, or April 1, 1984. For a second or subsequent offense under this subsection, such person is guilty of a misdemeanor, and shall be confined in jail for twenty-four hours, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). VII, Sec. (WVaC 17C-14-14) PENALTY. 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 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. Kenova Mayors Office City, Village & Township Government (304) 453-3121 1501 Pine St Kenova, WV 25530 4. Tire equipment restrictions. Art Licensing Generally. 11, Sec residency requirement Chtr. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Traffic Code. (Ord ) PENALTY. Taking, injuring or tampering with vehicle. "Pistol" means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand. 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. (Ord ) LICENSE; APPLICATION AND ISSUANCE. Apartment buildings, hotels or motels. 1877-15 AN ORDINANCE OF THE BOROUGH OF MIDDLESEX,COUNTY OF MIDDLESEX, STATE OF NEW JERSEY AMENDING THE CODES OF THE BOROUGH OF MIDDLESEXTO CREATE CHAPTER 321, TITLED, DRAFT PETITIONER: The City of Aurora ORDINANCE NUMBER DATE OF PASSAGE CITY OF AURORA CITY COUNCIL AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY OF AURORA CODE OF ORDINANCES TO ADD A NEW ARTICLE XI THERETO, House Bill 1101 By: Representatives Coan of the 101 st, Marin of the 96 th, Smith of the 129 th, Horne of the 71 st, Dawkins-Haigler of the 93 rd, and others A BILL TO BE ENTITLED AN ACT 1 2 3 4 5 6 7, 74-601. 11, Sec. 28 CHARTER CITY OF KENOVA, WEST VIRGINIA ARTICLE ONE POWERS AND FORM OF GOVERNMENT SECTION 1.1 INCORPORATION. 7.8 recall Chtr. "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products. No more than three persons including the operator shall ride or be permitted by such operator to ride in the seat with the operator of any motor vehicle while such motor vehicle is being operated on the streets or highways of this Municipality: provided. (a) "Base Flood" means the flood which has been selected to serve as the basis upon which the flood plain management provisions of this article and other ordinances have been prepared; for purposes of this article, the 100-year flood. (b) Upon a roadway where traffic is proceeding in opposite directions, approach for a left turn and a left turn shall be made from that portion of the right half of the roadway nearest the center line thereof. The fact that a mercantile establishment may bring an action against an individual as provided in this section does not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit such damages or penalty prior to the commencement of any legal action. 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%). (WVaC a) Replacement, 205 ARTICLE 509 Disorderly Conduct and Peace Disturbance Disorderly conduct Loud music Loitering on school Penalty. No person shall: Manufacture or sell in this City, without a license, any alcoholic liquor except as permitted by West Virginia Code Chapter 60; Aid or abet in the manufacture or sale of alcoholic liquor without a license, except as permitted by West Virginia Code Chapter 60; Sell without a license any alcoholic liquor other than provided by West Virginia Code Article 60-6; Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or any other foreign or deleterious substance or liquid; Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this State; Advertise any alcoholic liquor in this State except in accordance with the rules and regulations of the West Virginia Alcohol Beverage Control Commissioner; Distribute, deal in, process or use crowns, stamps or seals required under the authority of West Virginia Code Chapter 60, except in accordance with the rules and regulations prescribed by the West Virginia Alcohol Beverage Control Commissioner. (b) Whoever violates Section shall be fined not more than three hundred dollars ($300.00). Jeopardy assessments. 15%) of the gross income of the business. Indecent exposure. (b) No such permit shall be revoked until a hearing upon notice by the Building Inspector is first held. (WVaC 17C-1-37) SAFETY ZONE. Certificate of inspection and approval. 1. The actual merchandise alleged to have been shoplifted; or, 250 53 Offenses re la tin^ - to Prooertv B. (a) No licensee under West Virginia Code Article 11-16, his, her, its or their servants, agents or employees shall sell, give or dispense, and no individual shall drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays between the hours of 2:00 a.m. and 7:00 a.m., or between the hours of 2:00 a.m. and 1:00 p.m. on any Sunday, except in private clubs licensed under the provisions of West Virginia Code Article 60-7, where the hours shall conform with the hours of sale of alcoholic liquors; 1995 Replacement, 222 I"? (a) Every business franchise registration certificate issued under the provisions of Section shall confer a personal privilege only to transact the business, activity or trade which may be the subject of the certificate and shall not be exercised except by the person holding the certificate and shall not be assignable to any other person. If any person, having made the return and paid the tax as provided by this article feels aggrieved by the assessment so made upon him for any year by the Clerk-Treasurer, he may apply to Council by petition, in writing, within thirty days after notice is mailed to him by the Clerk-Treasurer, for a hearing and correction of the amount of the tax so assessed upon him by the Clerk-Treasurer in which petition shall be set forth the reasons why such hearings should be granted and the amount of such tax should be reduced. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section. - Signature Title My commission expires the [date] day of [month], [year]." "Non-owner occupied mobile home" means a mobile home not located in a mobile home park on the effective date of this section and not occupied by the owner thereof. Upon every person engaging or continuing within this City in the business of banking or financial business, the tax shall be six-tenths of one percent (.60%) on each one hundred dollars ($100.00) of the gross income received from interest, premiums, discounts dividends, service fees or charges, commissions, fines, rents from real or tangible personal property. (Wac 17C-1-25) GROSS WEIGHT. Property certified as registered historical landmark; Cooperation and coordination with other departments. The Commission shall: Be composed of a Director, appointed by a majority vote of Council for a term of four years, commencing on July 1, (1) The Director may serve successive terms. (g) The City shall not be liable to any customer for any damage resulting from bursting or breakage of any line, main, pipe, valve, equipment or part or from discontinuance of the operation of any part of the system or from failure of any part thereof for any cause whatsoever. (k) To the extent any provision of any ordinance of the Municipality is contrary to the provisions of this section, the provisions of this section shall take precedence and shall apply. (Ord ) Replacement, 169 ARTICLE 353 Commercial Drivers Definitions Exemptions. (b) Knowingly buy for, give to or furnish to anyone under the age of twenty-one years to whom they are not related by blood or marriage, any alcoholic liquors from whatever source. (e) "Person" means any individual, firm, partnership, joint venture, association, syndicate, social club, fraternal organization, joint stock company, receiver, corporation, guardian, trust, business trust, trustee, committee, estate executor, administrator or any other group or combination acting as a unit. Signature of Candidate State of West Virginia County of The foregoing instrument was acknowledged before me this day of,- by My commission expires Notary Public "(b) The petition to be filed shall be in the following form: "We, the undersigned qualified registered voters of the City of Kenova hereby petition that the name of, whose residence is at in Kenova, be placed on the ballot for the primary election to be held on the day of April, as a candidate for Name Address Princinct Date of Signing" A petition shall be filed separately for each candidate and shall be signed by at least twenty-five qualified registered voters of the City to be valid. right of way (cont.) may be attached to the vehicle by the owner for a period of not more than fifteen days, or until a new plate or plates arc issued by the Department whichever is earlier: provided, that no such facsimile shall be used and no such vehicle shall be driven upon the streets or highways of this Municipality until the owner has notified in writing the Department of Public Safety of the loss of such registration plate or plates. WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification; WHEREAS, the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENOVA, that: Section 1. (b) The term "safety glass" shall mean any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken, or such other or similar product as may be approved by the Commissioner. Nothing in this section shall be construed so as to apply to any person exercising a right secured by the Constitution or laws of this State or of these United States. Section Ord. The City Clerk-Treasurer shall keep in a journal an accurate record of all Council proceedings. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. (Wac 17C-4-12) PENALTY. 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. 3.3 appointment, power of Chtr Sec. 323 23rd St Kenova WV 25530. A report giving the results of the test shall be made to the customer and a complete record of the test shall be remitted to the Public Service Commission. (Ord ) IMPOSITION AND LEVY OF TAX; EXCEPTIONS; RATE. 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. (Ord ) Replacement, 240 46E Junk. (a) A vehicle including any load thereon shall not exceed a height of thirteen feet six inches, but the owner or owners of such vehicles shall be responsible for damage to any bridge or highway structure and to the Municipality for any damage to traffic control devices or other highway structures where such bridges, devices or structures have a vehicle clearance of less than thirteen feet six inches. The BOCA National Plumbing Code. (WVaC 17C-1-12) VEHICLE. 2. No certificate of occupancy for such structure or building shall be issued by the City until the Department has approved such facilities. 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