city of kenova ordinances


(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. - MECHANICAL CODE SEC. miles and a water area of 0.73 sq. Class E: utilities. Such deposit shall not be more than one-twelfth (1112) of the annual estimated charge for residential service and one-sixth (116) for all other service. (a) No person shall drive any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private or upon the property of the Board of Education, or upon any property within the Municipal park and public recreation system, in willful or wanton disregard for the safety of persons or property. Be it enacted, 87-A DISTRICT DIVISION MOST COMMON TRAFFIC CIVIL INFRACTION VIOLATIONS Revised as of 04/2016 Misdemeanor violations may require a hearing date at which time fine and costs will be assessed. 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. (Ord ) DIRECTOR'S AUTHORITY. Parks; Dreamland Pool; 2022 Pool Season; Museum; Pumpkin House; Virginia Point Campground; First Responder Monument; Pay Your Bill. (b) "Fire Marshal" means the West Virginia State Fire Marshal andlor his or her designated representatives. 5.3 Other Appointed Officers. (e) Vehicles used by "rural mail carriers" in carrying or delivering mail in rural areas may be equipped with amber flashing lights. Burning material in garbage can prohibited. No person shall act as doorkeeper, guard or watch, or employ another person to act as such, for a keeper or exhibitor of any gaming table, bank or device as mentioned in Section , nor resist, nor by any means or device, prevent, hinder or delay the lawful arrest of such keeper or exhibitor, or the seizure of the table, bank or device, or money exhibited or staked thereat, nor unlawfully take the same from the person seizing it. (a) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (g) Any person desiring to renew a permit for a non-owner occupied mobile home shall file an application therefor with the Building Inspector on the form provided. (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. CROSS REFERENCES See sectional histories for similar State law Obedience to traffic control devices - see TRAF O UNATTENDED MOTOR VEHICLE. 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. (a) No person with intent to injure or defraud shall procure, make or cause to be made, any pipe, tube, wire or other conductor of gas, water or electric energy, and connect the same, or cause it to be connected, with any main, service pipe or other pipe for conducting or supplying gas, or water or any wires or other conductor of electric energy, in such manner as to supply gas, water or electric energy to any lamp, motor, burner, orifice or any other device, by or at which gas, water or electric energy is consumed, around or without passing through the meter provided for measuring and registering the quantity of gas, water or electric energy consumed, or in any other manner so as to evade payment therefor, and no person, with like intent, shall injure or alter any gas, water or electric meter, or obstruct its action. What payment methods does City of Kenova (WV) accept? The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of floor space accompanied by the business. The 2000 International Mechanical Code. Applications for such permit shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Regulation of Vehicle Related Businesses 2013 EDITION. Sec. "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. Offense includes every act or omission for which a fine, forfeiture or punishment is imposed by law. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities " or "specified anatomical areas " and still be categorized as adult bookstore or adult video store. (c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. 2.3 CONTRACT competitive bidding Chtr. Sec. (e) Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. All ordinances and resolutions or parts thereof enacted prior to November 18, 1987, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: (a) The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provisions prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. If the taxpayer against whom a jeopardy assessment is made desires to immediately make a petition for reassessment, his petition shall be accompanied by such security as the Clerk-Treasurer may deem necessary to insure compliance with this article. "Driver" means every person who drives or is in actual physical control of a vehicle. (b) No such permit shall be revoked until a hearing upon notice by the Building Inspector is first held. (c) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. (3) Constructed by methods and practices that minimize flood damage. Business of selling tangible property, sales exempt. Replacement, 159 ARTICLE 349 Miscellaneous Rules Unattended motor vehicle. (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. (h) In case of emergency, the City shall have the right to restrict the use of any pan of the system in any reasonable manner for the protection of the system and the inhabitants of the City ) (i) (Former subsection (i) was repealed by Ordinance , passed November 4. Any person who persuades, induces or entices or attempts to persuade, induce or entice any person who is an inmate or prisoner in any jail or detention facility to escape therefrom or to engage or aid in any insubordination to the authority of such jail detention facility shall be fined not more than five hundred dollars (S500.00) or be confined in jail not more than thirty days, or both. Such display surface (1) Be a flat plane, rectangular in shape, (2) Not exceed twenty (20) square feet in area, (3) Nor exceed five (5) feet in height and four (4) feet in width; and (4) Be affixed or attached to any wall or door of the enterprise. '* <^'A,.--* k/*. (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (EDITOR'S NOTE: See Section for general Code penalty.) (i) A person violating any provision of subsection (a),(b), (c), (d) (e), (f) or (h) hereof shall, for the second offense under this section, be guilty of a misdemeanor, and shall be confined in jail for a period of not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000). (f) Any person whose vehicle does not display a valid, special registration plate or removable windshield placard may not stop, stand or park a motor vehicle in an area designated, zoned or marked for handicapped parking with signs or instructions displaying the international symbol of access, either by itself or with explanatory text. Upon every person engaging or continuing within the City in the business of producing for sale. (c) It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. trailers or campers. however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to draw the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. (Repealed) Penalty. The powers of the City under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power stated in this Article. (Wac 17C-8-7) SIGNALS BEFORE CHANGING COURSE. (WVaC 17C-1-46) RESIDENTIAL STREET. Lnderpinning. (q) "Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. 5.56.030 Permit; Alarm User. (a) Following the ninety (90) day probationary period, each full-time employee of the City shall be permitted to accumulate one (1) and one-half (Y2) days of sick leave time for each month actually worked, which can be taken at the employee's regular rate of pay. By a majority vote by the members of the Councils of the Town of Ceredo, and the City of Kenova, a Ceredo-Kenova Railroad Museum Commission is hereby created. (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. Boarding or alighting from vehicle. (0 When a bill reflects unusual usage which can be attributed to leakage on the customer's side of the meter, the bill shall be recalculated to reflect the City's incremental cost of treating or purchasing the water for all amounts above the customer's historic usage. (5) "Public facility" means all or any part of any buildings, structures, sites, complexes, roads, parking lots or other real or personal property, including the site where the facility is located. (Ord ) CRITERIA FOR BUILDING AND SITE PLAN APPROVAL. (Ord ) UNLAWFUL USE, ASSIGNMENT OR TRANSFER OF LICENSE. 5.4 Acting Appointed Officers and Vacancies. 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. The driver of any vehicle shall obey the traff~c-control instructions of any law enforcement officer or persons authorized by the Commissioner of Highways or by proper local authorities to operate traffic control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code. Whenever the driver of a vehicle is physically incapable of making an immediate report of an accident as required in Section and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report not made by the driver. Left turns on other than two-way roadways. 7-10: Sec. Discharging firearms. --, (a) No person shall carry a concealed deadly weapon, without a State license or other lawful authorization established under the provisions of West Virginia Code et seq. (e) Placards. (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. 11, Sec separability clause Chtr. (WVaC ) Public place includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction. 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. (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. (Ord ) PENALTY. (a) No person shall unlawfully, but not feloniously, ike and carry away or destroy, tamper with, injure or deface any property, real or personal, not his own. (a) Any parent or legal guardian violating any requirement set forth in Section shall be fmed ten dollars ($10.00) or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. The international symbol of access, measuring at least three inches in height, centered on the placard, in white on a blue background for permanent designations and in white on a red background for temporary designations; B. 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. (b) This shall be a mandatory rate for all residents. Action by Kenova City Council: (First Reading: May 20,2004) (Second Reading: June 17,2004) Action by Mayor: Approve Veto Date W^u.w^. (Repealed) Administration and construction. 2.3 CHARTER 4 SECTION 2.3 CONFLICT OF INTEREST. (WvaC 6 1-3A-2) (f) (e) Civil Liability. The Mayor shall require a bond from the licensee in a sum not less than one thousand dollars ($1,000) conditioned on compliance with the provisions of this section and West Virginia Code Article 29-3 and the regulations of the State Fire Commission, provided, that the Municipality shall not be required to file such bond. The Sanitary Board may from time to time, in its discretion, require any of its employees to furnish a good and suitable indemnity bond, with a recognized and reputable surety, conditioned upon the faithful discharge of their duties as such, and to deliver up and pay over all money as provided by law. 2.2 Attendance requirement - see CHTR. "Service business or calling" includes, but is not limited to: (1) Persons engaged in manufacturing, compounding or preparing for sale, profit or commercial use, articles, substances or commodities which are owned by another or others; (2) Persons engaged as independent contractors in producing natural resource products which are owned by another or others, as personal property, immediately after the same are severed, extracted, reduced to possession and produces; (3) The repetitive carrying of accounts, in the regular course and conduct of business, and extension of credit in connection with the sale of any tangible property or service, except as to persons taxed pursuant to the provisions of Section ((3rd ; ) INTERSTATE AND FOREIGN COMMERCE REVENUE EXCLUDED. 6.2 Term - see CHTR. We provide this information for your convenience. All such contracts shall be awarded to the lowest responsible bidder after such public notice and competitive bidding as prescribed herein. (Ord ) Replacement, 241 GENERAL OFFENSES CODE 48 (d) For purposes of this section, "cuitodial parent i5rparentsn means the parent or, parents with whom the minor child is living, or a divorced or separated parent who does not have legal custody but who is exercising supervisory control over the minor child at the time of the minor child's act. "Unauthorized" means that payment of full compensation for cable television services ha-s been avoided, or has been sought to be avoided, without the consent of the supplier of the service. Annually the Mayor shall submit to Council the budget for the next fiscal year. No owner or operator of any vehicle required to be inspected under West Virginia Code Article 17C-16 shall operate or permit to be operated such vehicle without having displayed thereon a current and valid certificate of inspection and approval or fail to produce same upon demand of any authorized person as therein designated. (b) Commercial establishments may enter into an agreement for a greater frequency of collection. For residential structures, fill shall extend laterally fifteen feet beyond the building line from all points. treated and observed as the legal holiday Replacement, 71 ADMINISTRATIVE CODE 30J (b) When the return day of any summons or other court proceeding or any notice or time fixed for holding any court or doing any official act shall fall on any of these holidays, the next ensuing day which is not a Saturday, Sunday or legal holiday shall be taken as meant and intended. (f) Permits for mobile homes that are to be non-owner occupied for longer than one year shall be renewed annually. Apartment buildings, hotels or motels. that if such failure is due to reasonable cause, the City of Kenova may waive in u hole or in part these penalties. Coasting prohibited. As used in the Codified Ordinances, unless otherwise expressly provided or the context otherwise reauires: Council means the legislative authority of the Municipality. Right of way of emergency vehicle. No firm, partnership, corporation, association or other entity shall engage in contracting in this City unless an officer thereof holds a license issued pursuant to this article. "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If any section. SECTION 1.4 FORM OF GOVERNMENT. Persons entitled to recover damages under this section shall include, but are not limited to, the State, any municipal corporation, county commission and board of education, or other political subdivision of this State or any person or organization of any kind or character. offenses. This article has been established to provide a place for cross references and future legisla tion. (Ord ) JURY DUTY BENEFIT. Fees. "Public bicycle pathn means a right-of-way within this Municipality for use primarily by bicycles and pedestrians. VI, Sec. (b) It is unlawful for any parent or legal guardian of a person under fifteen years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet. (b) The Clerk-Treasurer shall make available, when requested, information as to whether a person is registered to do business in the City COLLECTION OF TAX BY DISTRAINT; REGULATIONS. 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. Service business or calling not otherwise specifically taxed. (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. In the event that any notice given by mail is returned by the postal service, the Director or his designee shall cause it to be posted at the principal entrance to the establishment. (Ord ) TOBACCO USAGE RESTRICTIONS. (EDITOR'S NOTE: See Section for general Code penalty if no specific penalty is provided.) COST RECOVERY PROCEDURES II.. PUBLIC SAFETY AND FIRE EMERGENCY RESPONSE COST RECOVERY 25-1 Clio - Emergency Response Cost Recovery 25-2 Section 25.101, NINTH AMENDED BYLAWS OF ACFE MEMBERSHIP, INC. (Ord ) LICENSE; APPLICATION AND ISSUANCE. 'Litter" means garbage, refuse and/or rubbish as herein defined. 15%) of the gross income of the business. (WVaC 17C-1-62) RIGHT OF WAY. 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. "Cable operator" means any person or group of persons: (1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. Greater Oklahoma City Chamber of Commerce. Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections. For purposes of Section "drive" includes operation or physical control of a motor vehicle anywhere in this Municipality. Throwing or shooting missiles. (a) No person may operate a motor vehicle that is registered or required to be registered in the State on any public highway, road or street that has a sun screening device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this section. Kenova Fire Department. The person so selected shall hold office for the unexpired term or until a successor has been duly elected and qualified. Eff ) 1995 Replacement. 11, Sec. 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. "Occupant" means any person residing in, renting, leasing, occupying or transacting business in any premises within the City. No other benefits shall be maintained by the City during this leave. Costs collected shall be dealt with as is provided by law for other criminal proceedings. This article has been established to provide a place for cross references and future legislation. Art Alcoholic Beverages. "Commercial driver license" means a license issued in accordance with the requirements of West Virginia Code Article 17E-1 to an individual which authorizes the individual to drive a class of commercial motor vehicle. a municipal corporation, levying or imposing the tax authorized by this article. OFFICE OF THE MAYOR OFFICE OF THE MAYOR OFFICE OF THE MAYOR (Ord ). Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section , a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. (e) Permits for non-owner occupied mobile homes issued by the Building Inspector shall expire one year from the date of issue unless renewed as provided herein. For purposes of subsection (c) hereof, the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. Provided, that if the vehicle is redeemed prior to receiving of the notice, notice may be handed to the one seeking to redeem and notice need not be mailed. Eff ) 1995 Replacement, 273 ARTICLE 551 Fire Protection Starting fire in Municipality. (a) Building Permits and Site Plan ADD~OV~~S Reauired. When not inconsistent with the context, words in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and the masculine includes the feminine and neuter. Such purchase may be made from a vendor resident in the City if such bid does not exceed the lowest qualifying bid from a nonresident vendor by more than four percent (4%) of the latter such bid amount at the time the bid was submitted. All rules and regulations established by the Park Board to govern the use of the City's parks and recreational facilities shall be subject to the approval of the Mayor and Council. (a) Each employer shall require the applicant to provide the information specified in West Virginia Code l7e (b) No employer shall knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any period: (1) In which the driver has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle: or (2) In which the driver has more than one driver's license at one time except during the ten-day period beginning on the date the employee is issued a driver's license. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF KENOVA THAT: WATER RATE SCHEDULES. or occupancies Definitions Unsafe buildings Amendments to the National Penalty. "Shall" is mandatory and not merely directory. The owner or developer of any proposed subdivision, manufactured home park or subdivision or other development shall submit a site plan to the Permit Officer which includes the following information: (1) Name of engineer, surveyor or other qualified person responsible for providing the information required in this section. 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. No person, firm or corporation shall keep and maintain any hog, pig and/or swine, livestock, fowl or poultry, or pen or other enclosure for the keeping of the same, or shall permit others to keep or maintain the same on their premises within the corporation limits of the City. Upon every person engaging or continuing within this City in any service business or calling not otherwise specifically taxed under this article, there is likewise hereby levied and shall be collected a tax equal to three-tenths of one percent (.30%) on each one hundred dollars ($100.00) of gross income of any such business. Is first held MAYOR office of the MAYOR office of the MAYOR office of the City in the of... Establishments may enter into an agreement for a greater frequency of collection motor vehicle lamps upon a parked vehicle be. Every person engaging or continuing within the City of Kenova that: WATER rate SCHEDULES right-of-way this... For residential structures, fill shall extend laterally fifteen feet beyond the Building Inspector is first held for than... ( a ) Building Permits and SITE PLAN ADD~OV~~S Reauired revoked until a hearing notice. No person shall stand in a roadway for the purpose of soliciting ride... 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