(d) Connection Fee. Such notice may be given either by personal delivery thereof to the person to be notified or by depositing in the United States registered mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address which appears on the record pertaining to the matter to which the notice is directed. The lowermost distribution of light, or composite beam specified in Section (b) shall be deemed to avoid glare at all times regardless of road contour and loading. CROSS REFERENCES Dogs generally - see W. Va. Code Art Vaccination of dogs - see W. Va. Code Art A Cruelty - see GEN. OFF DEFINITIONS. (Ord ) Replacement, 297 ARTICLE 733 Business Franchise Registration Tax Definitions Tax levied Conditions precedent to doing business Application; issuance of license; payment of tax and fees; records False statements prohibited Period granted; power to cancel Certificate not assignable Display Petition for refund Authority of Municipal Court Collection of tax by distraint ; regulations Collection of back taxes; notice of discontinuance of business Collection of tax by civil action Assessment Hearing; appeal Forms andregulations; enforcement Disposition of money collected Credit for business franchise registration tax against certain license taxes Penalty. The City shall not accept payment of a water or sewer bill separately, when the customer concerned owes for both water and sewer services. Date C.O. License required. Action by Kenova City Council: (First Reading: May 20,2004) (Second Reading: June 17,2004) Action by Mayor: Approve Veto Date W^u.w^. After the issuance of a building permit or site plan approval by the Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Permit Officer. In addition to the fines and imprisonment imposed by this section, in all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount of fifty dollars (S50.00), or double the value of the merchandise involved, whichever is higher. (a) The head of all households and the operator or manager of all places of business shall provide a garbage can or cans into which the litter from his household or place of business shall be placed, provided the total number of garbage cans necessary to serve his household or place of business does not exceed five. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required. (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. (WVaC 17C-9-4) RIGHT OF WAY OF EMERGENCY VEHICLE. 5.56.050 Fees; ORDINANCE NO. Contact Info. (H.200) It is hereby enacted by the General Assembly of the State of Vermont: * * * Criminal Penalties and Civil Penalties for Marijuana. [5] The Commercial Motor Vehicles Safety Act of 1986 exempts vehicles used exclusively for personal use such as recreation vehicles and rental trucks used only to transport the driver's personal or household property. KENOVA, W.Va. (AP) The mother of a man who died while in police custody in West Virginia has filed a federal lawsuit. l'motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. With the exception of the two City-wide yard sales discussed in Section above, a license shall be required for a yard sale held in the Municipality and shall be posted for display in full view at the place and time of the sale. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A. Board Powers of the Mayor and Financial responsibility, Council. (2) All new or replacement sanitary disposal systems, whether public or private, shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters. (b) Trailer Courts. (a) For the purpose of discharging the duties imposed by this article and to enforce its provisions, a Dog Warden is authorized and empowerd to obtain an appropriate warrant or other legal processes and, in the company of any legal officer to whom such process or processes may be directed, and who is authorized by law to enforce the same, may enter upon any premises upon which a dog or other animal is kept or harbored, and require exhibition by the owner of suspect dog or animal, and the various licenses and rabies tags required therefor, and may impound such animal, or may take possession of such animal when the animal requires humane treatment or care. (WVaC 17A-3-13) 1995 Replacement, 165 TRAFFIC CODE DISPLAY OF REGISTRATION PLATES. (b) Whoever violates Section shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both Replacement. 111.01 Franchise Granted 111.02 Regulatory Power of City, DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS PUBLIC NOTICE. "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. 5.56.040 Alarm User Response. 2.6 General Attendance Requirement. The Mayor shall serve on a full-time basis, and he shall be paid a salary of fifteen thousand dollars ($15,000) per fiscal year. (Ord ) Replacement, 126 ARTICLE 341 Right of Way Right of way at intersections. "Drive" means to drive, operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. State corporation commission; creation; members, appointment, terms, vacancies; chairperson; salaries; application of K-GOAL. (a) Council hereby fmds and declares that: (1) Disability and death of children resulting from injuries sustained in bicycling accidents are a serious threat to the public health, welfare and safety of the people of this Municipality and the prevention of such disability and death is a goal of such people. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. It shall be unlawful for any person, firm or corporation to make, draw, issue, utter or deliver any check, draft or order for the payment of money or its equivalent upon any bank or other depository, knowing or having reason to know there is not sufficient funds on deposit in or credit with such bank or other depository with which to pay the same upon presentation. operating with any alcohol Employer responsibilities. D. Entry performed in the exercise of a property right under ownership of an interest in, under or upon such property. (a) Any person who: (1) Drives a vehicle in this Municipality while: A. (a) Refuse accumulated by residences shall be collected at least once each week, unless less frequent collection is approved by the Director because of weather conditions or other emergency conditions. In the event the amount of the charge for any single public utility service exceeds the sum of twenty thousand dollars ($20,000) in any given calendar month, to any single purchaser, no tax shall be imposed for such additional purchase, use or consumption in excess of such amount of twenty thousand dollars ($20,000). VI, Sec. Within five days of making any such emergency expenditure amounting, in the aggregate. The 2000 International Mechanical Code. 41 ADMINISTRATIVE CODE 4 (b) All references to codes, chapters, articles and sections are to such components of the Codified Ordinances unless otherwise specified. At any time the Mayor may propose to Council for its approval the transfer of unencumbered funds within City budget accounts, except as otherwise provided by general law. Overtaking and passing upon right. House trailers, as used hereinabove, shall include both mobile and immobile units. (Wac 17C-1-39) MOPED. (Ord, ) Replacement, 246 ARTICLE 529 Offenses Relating to Persons Assault and battery Assault and battery on school employees Assault of an officer Battery of a police officer Penalty. 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. For nonresidential structures, fill shall be placed to provide access acceptable for intended use. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. 3.26.070, STATE OF OKLAHOMA 2nd Session of the 44th Legislature (1994) HOUSE BILL NO. Severability 6. The City may provide hospitalization benefits to its full-time employees. Whoever violates any provision of this article shall, for a first conviction thereof, be fined not more than five hundred dollars ($500.00); and upon a second or subsequent conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days or both. Alarm systems and devices to detect and report emergencies, [7] (7) Editor's note Ord. The names of the two candidates for Mayor and the names of the ten candidates for Council which receive the highest number of votes in any primary election shall be placed on the general election ballot; provided, however, if in any primary election, the names of two or fewer candidates for Mayor and of ten or fewer candidates for council appear on the primary ballot, the candidate for Mayor and the five Council candidates receiving the highest number of votes in the primary shall be declared elected and the general election for that year will not be held. 337 CODIFIED ORDINANCES OF KENOVA PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE Art Water and Sewer Charges. (WVaC 17C-3-8) ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES. 'Driver license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle of a specific class. 347 Driver's licensing - see TRAF. . Wayne County is in the Eastern time zone (GMT -5). Additional regulations for adult motels. Such tree, trunks or limbs which have a diameter not greater than four inches shall be cut in lengths by the person discarding them, not to exceed eight feet, and such tree trunks or limbs which have a diameter greater than four inches shall be cut in lengths by the person discarding then not to exceed four feet before the City will carry them away in its trash vehicles. No building, structure or site shall be deemed to be an historic one unless it has been prominently identified with, or best represents some major aspect of the cultural, political, economic, military or social history of the locality, region, State or nation, or has had a major relationship with the life of an historic personage or even representing some major aspect of, or ideals related to, the history of the locality, region, State or nation. Hours paid for a "sick leave day" are equivalent to one eight (8) hour work day. If any article, section, subsection, paragraph, sentence, clause or word of this Charter is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality or application of any other portion of this Charter. In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a site plan shall be submitted to and approved by the Permit Officer prior to any development. (bj No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES. E. Entry where no physical damage is done to property in the performance of surveying to ascertain property boundaries, and in the performance of necessary work of construction, maintenance and repair of a common property line fence, or buildings or appurtenances which are immediately adjacent to the property line and maintenance of which necessitates entry upon the adjoining owner's property. (Ord. Art Employment Provisions. No person shall drive upon, along or across a street or highway, or any part thereof, which has been closed in the process of its construction, reconstruction or repair, and posted with appropriate signs by the authority having jurisdiction to close such street or highway OBSTRUCTION OF TRAFFIC. Every owner or registrant of a motor vehicle shall maintain security upon such vehicle as required by West Virginia Code Article 17D-2A, and no person shall knowingly drive or operate on any street within the Municipality any motor vehicle upon which security is required by such Article unless the security is provided, and violation of any of the provisions of West Virginia Code Article 17D-2A including failure to have a certificate of insurance, if required, shall constitute a violation under this section LITTERING FROM A MOTOR VEHICLE. Any motor vehicle may be equipped with not to exceed one auxiliary driving lamp mounted on the fkont at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this article. (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. 26 CHARTER CITY OF KENOVA. If the customer shall then request the City to proceed w,ith the test and remit the amount of $20.00, Kenova shall make the test promptly. (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. 7-5: Sec. (d) "Weeds" as used in this section, shall be construed to include all rank vegetable growth which exhales unpleasant and noxious odors, and also high and rank vegetable growth that may conceal filthy deposits. 27 ARTICLE FOUR ELECTED OFFICERS - COUNCIL Sec. (3) In addition to any other penalty which can be imposed for a violation of Section , a court may, as a condition of probation, prohibit any person so convicted from possessing or owning any animal or type of animal during the period of probation. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. For the purposes of this section, a bona fide emergency is hereby defined as a sudden and unexpected or unforeseen combination of occurrence and circumstances resulting therefrom which, for the protection of the public health or safety, demand immediate action or remedy, which constitute a pressing necessity and which were not and could not have been reasonably anticipated in the exercise of reasonable judgment BUSINESS AND OCCUPATION TAXES All successful bidders awarded contracts by the City shall be required to pay to the City applicable business and occupation taxes in accordance with the Codified Ordinances of the City of Kenova. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise SQUEALING TIRES. 11, Sec. or E.O. Driving upon sidewalk, street lawn or curb. B. Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side Replacement, 381 13 Flood Plain Area (e) (f) (g) C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds. Except as otherwise provided by general law, the Mayor shall in the budget propose the salaries of all City employees, appointed officers, the members of Council and the Mayor; provided, however, any change in the salary of the Mayor or of Council members must also be adopted by ordinance, which ordinance shall not become effective during the current term of any Mayor or Council member. West Virginia Code Article 3-3 is hereby adopted for absentee voting in City elections. He is under the influence of any controlled substance, or C. He is under the influence of any other drug, or D. He is under the combined influence of alcohol and any controlled substance or any other drug, or E. He has an alcohol concentration in his or her blood of ten hundredths of one percent (0.10%) or more, by weight; and (2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of such vehicle, which act or failure proximately causes the death of any person within one year next following such act or failure, is guilty of a misdemeanor, and shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). (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. (c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material TRESPASS ON FLOODWALL. IV, Sec. (Ord ), 55 ADMINISTRATIVE CODE 3 0 Any and all persons employed by the Park Board to execute the duties and powers under this article, are subject to the approval of the Mayor and Council. For nonpayment of charges for water or sewer services, or both, the city, after notice of discontinuance in accordance with the applicable Public Service Commission rules and regulations, shall shut off water services and lock the meter, and shall restore service only upon payment of all water and sewer charges and accrued penalties. All such disbursements shall be approved by the Board. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section , the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (a) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The hotel operator shall, on or before the fifteenth day of each month, prepare and deliver to the City a return for the preceding month on the form prescribed by the City. 6.7 retirement system sick leave termination turn-out gear vacations work week EXCAVATIONS abandoned, protection parking near (a)(ll) EXPLOSIVES (see also FIREWORKS) defined false report transporting fire extinguishers railroad crossings, at (b) vehicle marked (a) FALSE REPORTS bombs; explosives business franchise registration tax emergency incident fire alarms to police, fire officer , 501.O9 FALSIFICATION driver's license application (e) FEE business franchise license commercial and heavy vehicle permit flood plain , water service FILMS AND VIDEOS sexually explicit FINANCES Parks and Recreation Board FIRE false alarm garbage can; burning material in prohibited starting FIREARM (see WEAPONS) FIRE DEPARTMENT Chief; motor vehicle provided false reports to FIRE HOSE driving over FIRE HYDRANT parking near (a)(4) FIREMAN directing traffic impersonating FIRE PREVENTION BUREAU established; duties adoption amendments to National Fire Codes definitions modifications new materials, processes or occupancies penalty permit appeals required unsafe buildings FIRE STATION parking near (a)(10) FIRE TRUCK following, parking near Replacement, 14 GENERAL INDEX 16 FIREWORKS FLAMMABLE LIQUID defined FLOOD PLAIN AREA administration building and site plan approval criteria definitions establishment general provisions specific requirements utilization FLOODWALL trespass FLOODWALL PROTECTION tees ie~ ied: collection , responsibilities of official FORTUNE-TELLING penalty short title FOWL (see ANIMALS) FREEWAY (see STREET) FUNDS Sanitary Board FUNERAL PROCESSION driving in GAMBLING apparatus hotels; public places keeping; exhibiting lookout or guard for keeper permitting on premises cheating lotteries; raffles penalty poolroom defined pool tickets public places , wages GARBAGE AND RUBBISH (see also JUNK AND REFUSE; LITTERING; SOLID WASTE) collection definitions delinquent accounts Director's authority generally L practices precollection practices rates short title GRASS (see WEEDS AND GRASS) GUN (see WEAPONS) HANDICAPPED PERSON blind, right of way parking areas HIGHWAY (see STREET) HITCHHIKING HOGS (see ANIMALS) HORN HORSE (see ANIMALS) HOTEL OCCUPANCY TAX amount collected to be remitted business, cessation of collection generally when sale on credit debt due City, as definitions 753.O1 exemptions for government agencies or employees failure to collect or remit imposition; levy interest and penalties liability of hotel operator penalty, general records returns and remittance HOTELS (see MOTELS AND HOTELS) HUNTING prohibited IDENTIFICATION nonoperator's; prohibited acts with IMPERSONATION public servant IMPOUNDING dogs generally redemption vehicle, traffic violation INDECENCY (see OBSCENITY; SEXUAL OFFENSES) INSURANCE false arrest motor vehicle INTERSECTION defined designation left turns , obstructing parking in (a)(3), (19) right of way et seq. 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