(b) Class B-Commercial and industrial property. CHAPTER 7 OCCUPATION TAX ORDINANCE ARTICLE 1: OCCUPATION TAX. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z (c) No person shall operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner. Notwithstanding that the total amount of such taxes collected by a hotel operator may be in excess of the amount for which a consumer would be liable by the application of the levy of three percent for the occupancj of hotel rooms, the total amount of all taxes collected by any hotel operator shall be remitted to the taxing authority as provided in this article. Home. Sec. (b) Commercial establishments may enter into an agreement for a greater frequency of collection. (Wac 17C-9-2). 82-32. 'Public property" means streets, street medians, street catch basins, street gutters, sidewalks, strips between traveled portions of streets and the property lines which abut such streets, public lanes, public alleys, public rights of way, public parking lots, school grounds, Municipal or County vacant lots, public parks, public playgrounds, other publicly owned or operated recreational facilities, and/or Municipal streams, ditches or drainage facilities. Alteration, injury, removal of traffic control devices. Sec. (c) A sun screening device when used in conjunction with the automotive safety glazing materials of the side wings or side windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty percent (20%) and have a light transmission of not less than thirty-five percent (35%). (EDITOR'S NOTE: See Section for general Traffic Code penalty.) (a) A licensee who has obtained a State license pursuant to West Virginia Code shall pay a license fee or partial license fee, as the case may be as provided in Section Replacement, 325 BUSINESS AND TAXATION CODE 3 2 (b) All such fees shall be paid in the office of the Clerk-Treasurer by June 30 for the ensuing fiscal year, whereupon a license shall be issued by the Clerk-Treasurer. (3) "Individual" means any human being regardless of age. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles. 5.1 Administration of budget - see CHTR. 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. (Ord ) LICENSE; APPLICATION AND ISSUANCE. 11-25-2 Legislative findings -- Liberal construction. & 43-2. 4.1 Powers of Council. (c) In addition to any other penalties provided by the West Virginia Code or these Codified Ordinances, a person who drives, operates or is in physical control of a commercial motor vehicle having any measurable alcohol in such person's system or who refuses to take a preliminary breath test to determine such person's blood alcohol content as provided by West Virginia Code 17E-1-15 must be placed out of service for twenty-four hours by the arresting lawenforcement officer. (Wac 17C-10-6) 1998 Replacement, 186 8 3 Pedestrians PEWNS WORKING ON STREETS AND HIGHWAYS. is carrying more than six employees of such employer, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train. "Employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle Replacement, 171 74C Commercial Drivers "Farm vehicle" includes a motor vehicle or combination vehicle registered to the farm owner or entity operating the farm and used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants and in the transportation of agricultural or horticultural supplies and machinery to such farms or orchards to be used thereon. CROSS REFERENCES Appointment of legal counsel - see CHTR. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 7. "Intersection" includes: (a) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict; and (b) Where a street or highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate intersection. (Ord ) DUTIES AND RESPONSIBILITIES. (Ord ) 741.OS EXEMPTIONS. An applicant, or permittee and/or licensee shall permit representatives of the Police Department, municipal, county and state health departments, Fire Department, or other City or State departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the licensure/permitting and regulation provisions of this article, at any time it is occupied or open for business. (EDITOR'S NOTE: See Section for general Code penalty if no specific penalty is provided.) Sec. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (WvaC 17C-3-7) UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING. Headlights on motor vehicles and motorcycles. (e) After the construction, installation and completion of such works the Sanitary Board shall operate, manage and control the same and may order and complete any extensions, betterments and improvements of and to the works that the Board may deem expedient if funds therefor be available or made available as provided by law, and shall establish rules and regulations for the use and operation of the works and of other sewers and drains connected therewith so far as they may affect the operation of such works, and to do all things necessary or expedient for the successful operation thereof, and the Board shall have in addition hereto any and all powers granted to it by said Article 13, or which may be granted to it by amendments to said Article 13, hereafter made, subject to any and all restrictions and limitations therein contained. This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. (0 Notwithstanding any other provision of this Code to the contrary, any motor vehicle may be equipped with not more than one electroluminescent solid state ceramic front identification plate without glare, mounted in conformance with the manufacturer's specifications. Art Fire Department. City of Kenova workers paint the Dreamland Pool on May 12, 2021, in Kenova. Prerequisites for issuing building permit or occupancy certificate. (Ord ) TERM OF OFFICE. 256 ARTICLE 535 Theft of Cable Television Services Definitions Sale or transfer of the device Acquisition of cable television or plan intended for acquisition services. Spotlights and auxiliary lights. Title and purpose. For a second or subsequent offense such person shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. -., (b) No person under the age of twenty-one years, for the purpose of purchasing wine or other alcoholic liquors from a licensee, shall misrepresent his or her age, or for such purpose present or offer any written evidence of age which is false, fraudulent or not actually his or her own, or illegally attempt to purchase wine or other alcoholic liquors. (g) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (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. (6) The levy or imposition of taxes, assessments or charges. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. trailers or campers. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order. 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). 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. (1) For Class I service, the monthly charge shall be fifteen dollars ($15.00); (2) For Class I senior citizens, age sixty-two or over, the monthly charge shall be twelve dollars ($12.00); (3) For Class I1 service, the monthly charge shall be thirty dollars ($30.00). 2.2 Attendance requirement - see CHTR. (WVaC 17C-6-8; Ord ) Replacement, 119 ARTICLE 337 Driving on Right; Passing Driving upon right side of roadway; exceptions. "Parking offense" means a violation of a State statute, an ordinance or resolution adopted by a county, municipality or authority or a regulation issued by a State authority, APPENDIX A - CHARTER ORDINANCES NOTE: The charter ordinances included herein are for information only. 352 ARTICLE 921 Virginia Point Park 921.O1 Rules and regulations Use for commercial gain prohibited. On all accounts not paid in full within twenty days of the billing date, ten percent (10%) shall be added to the net amount shown. (e) The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. 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. other figure, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials. (Ord ) HOLIDAY PAY BENEFITS. Penalty. Art Driving Under the Influence; Reckless Driving. 2.4 impersonating oath Chtr. (Wac 17C-6-4) (b) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour. Any general counsel obtained shall be an attorney licensed to practice law in West Virginia and shall serve as attorney for all elected and appointed City officers; for all City boards, agencies and commissions; and at the direction of the Mayor, for any other officer or employee of the City in connection with their official duties. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed PENALTY. The City Clerk-Treasurer shall give notice of and attend all Council meetings. 1.4 incorporation Chtr. 880-5. (WVaC ) POSSESSION OF DEADLY WEAPONS BY MINORS PROHIBITED. Pursuant to West Virginia Code 6-9A-3, Council does hereby adopt the following rules to make available, in advance, the time and place of all regularly scheduled meetings of the Council, and the time, place and purpose of all special meetings of the Council to the public and news media: (a) A notice shall be posted by the City Clerk-Treasurer at the front door of the City Hall stating the time and place fixed and entered of record by Council for the holding of regularly scheduled meetings. 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. (a) No local authority or person shall place, maintain or display upon or in view of any street or highway any unauthorized traffic control device or traffic control signal, or any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic control device bearing thereon any commercial advertising. "Contractor" does not include: (1) One who merely furnishes materials or supplies without fabricating or consuming them in the construction project; 1993 Replacement, 292 BUSINESS AND TAXATION CODE 4B (2) A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes; (3) A person who is licensed or registered as a professional and who functions under the control of any licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management and maintenance, who acting in his or her respective professional capacity and any employee of such professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work; or (4) A corporation, partnership or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in subsection (a) hereof and who employs full-time a registered architect licensed to practice in this State or a registered professional engineer licensed to practice in this State. (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. Claim this business. (Ord ) TRANSPORTING LITTER. (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. 2009-6 AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS WHEREAS, in 1996, the voters of the State of California approved Proposition. Whoever violates Section (d) or (e) is guilty of a misdemeanor and, for the first offense, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Art Signs. (2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Imposition of a Billing and Collecting - Fee. Council shall meet in regular assembly on the third Thursday at the hour of 7:30 p.m. Council may assemble in special sessions at any date and hour whenever the press of business requires it. CROSS REFERENCES Power to regulate - see W. Va. Code (23) Littering and deposit of junk, etc. The following are the rules and regulations of Virginia Point Park: No alcoholic beverages are to be consumed outside of camper or trailer or tent, either in cans, bottles or styrofoam cups. (b) No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law. (Ord ) HUNTING PROHIBITED. In determining whether to grant the leave, the Mayor may base his decision, in whole or part, on how the leave may affect the day to day operation of the Department in which the employee is assigned. (g) "Director" means the Chief of Police and any such employee(s) of the Police Department as he may designate to perform the duties of the Director under this article. Every such stop shall be made without obstructing traffic more than is necessary. (1) Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in subsection (b)(3) of this section, shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle. Any elected or appointed City officer may be removed from office as prescribed by the general laws of the State of West Virginia or by this Charter. If a section refers to a series of numbers or letters, the first and the last number or letters in the series are deemed to be included ACTS BY AGENT OR DEPUTY. No person playing at any game or making a wager, or having a share in any stake or wager, or betting on the hands or sides of others playing at any game or making a wager, shall cheat, or by fraudulent means win or acquire for himself, or another, money or any other valuable thing. "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property: (1) If the vehicle has a gross vehicle weight rating as determined by federal regulation; (2) If the vehicle is designed to transport sixteen or more passengers, including the driver; or (3) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. No person shall, at any place, public or private, bet or wage money or other thing of value on any game of chance, or knowingly furnish any money or other thing of value to any other person to bet or wage on any such game. (h) (ij business. The ordinances of the City of Kenova, West Virginia, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, chapters, articles and sections are hereby approved, adopted and enacted as the Codified Ordinances of Kenova, West Virginia, Section 2. "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver license. (a) Supervisors shall review each employee's attendance records at the end of the month. (4) Prior convictions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. The notice provided for by Section shall be addressed to the owner of such lot, land or property, shall describe by lot and block number or otherwise the location of such lot, land or property, shall describe briefly the debris, refuse, grass and weeds or other deleterious material to be cut and removed therefrom, shall fix a time within which such cutting and removal shall be accomplished, shall bear a date thereon and shall be signed either by the Building Inspector or other authorized agent of the City Replacement, 238 46C Junk. (WVaC 17C-10-2) CROSSING ROADWAY OUTSIDE CROSSWALK. 15, Update 2) View what's changed This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. (Ord ) TREE PLANTING, MAINTENANCE AND REMOVAL. Such returns, reports, licenses, declarations and applications, and the information contained therein, shall not be released by any City officer or employee except to an officer or agent of the United States, the State, the State Tax Department, the County or the City for official use only or except upon an order of a court of competent jurisdiction, or upon written waiver by the taxpayer. The Permit Officer shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law. (g) The Mayor is hereby granted the authority to require payment and performance bonds before entering a contract for the purchase of goods or services in such amounts as he finds reasonably necessary to protect the best interests of the City. "City treesn means all trees located on City-owned or controlled property. 301 9 Business Franchise Registration Tax (c) The Clerk-Treasurer shall maintain on file all applications for City licenses and a record of each license issued, which shall set forth the name and business address of the licensee, the date of issuance and the term for which issued, the type of license, the amount of license tax to be paid, the number of the license and such additional information as may be pertinent to establish that all requirements of law and ordinances have been complied with. 61-3D DEFINITIONS. (Repealed) Administration and construction. The following words and phrases when used in this article shall have the following respective meanings: (a) (b) (c) "Consideration paid" or "consideration" means the amount received in money, credits, property or other consideration for or in exchange for the right to occupy a hotel room as herein defined. "Dumpster container" means a twelve-gauge metal container, together with a close fitting cover of like material, manufactured or constructed in such a manner as to be compatible with private garbage collection vehicles operating by permit within the City and having a capacity of not less than four cubic yards and of not more than ten cubic yards. (Wac 61-3A-5) Penalty. This fee is to be used to pay for the cost of the administration and enforcement of this article. (Ord ) PRECOLLECTION PRACTICES. Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained. (b) Except for de minimis personal use, the employee shall not use the said vehicle for personal purpose other than commuting. (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. (Wac 17C-15-37) SAFETY GLASS IN MOTOR VEHICLES. "Obscene matter" means to the average individual, applying contemporary State standards, matter which: A. (Ord ) NECESSITY FOR LICENSE; EXEMPTIONS. The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the Police Department. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by Section , which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) The cost of permits shall be as follows: Cost of building up to $ Cost of building in excess of $ up to $1,000. 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