§ 10.03 PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.

   The provisions appearing in this code, insofar as they are substantially the same as those of ordinances in effect immediately preceding the effective date of this code and included herein, shall be considered as continuations thereof and not as new enactments.

(1991 Code, § 1-3)

§ 10.04 CATCHLINES AND HEADINGS OF PORTIONS OF CODE.

   The chapter, article, division and section headings of this code are intended as mere catchwords to indicate the contents thereof and shall not be deemed or taken to be titles thereof, nor as any part thereof; nor, unless expressly so provided, shall they be so deemed when any of such chapters, articles, divisions or sections, including the headings or catchlines, are amended or reenacted.

(1991 Code, § 1-4)

Statutory reference:

   Construction of statutes, see W.Va. Code §§ 2-2-10(z), 2-2-12

§ 10.05 SEVERABILITY OF PARTS OF THIS CODE, AND OF CODES AND OTHER REGULATIONS ADOPTED BY REFERENCE.

   It is hereby declared to be the intention of the Council that the sections, divisions, paragraphs, sentences, clauses and phrases of this code and of each of the technical codes and other regulations herein adopted by reference are severable, and that if any phrase, clause, sentence, paragraph, subsection or section of this code or of any such technical code or other regulations shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, divisions and sections thereof, since they would have been enacted by the Council without the incorporation therein of any such unconstitutional or invalid phrase, clause, sentence, paragraph, division or section.

(1991 Code, § 1-5)

§ 10.06 EFFECT OF REPEAL OR EXPIRATION OF ORDINANCE.

   (A)   The repeal of an ordinance or its expiration, by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired.

   (B)   When any ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(1991 Code, § 1-6)

Cross-reference:

   Ordinance procedures of the Council, see §§ 31.20 to 31.22

Statutory reference:

   Effect of repeal or expiration of statutes, see W.Va. Code § 2-2-8

   Repeal of an act repealing a statute, see W.Va. Code § 2-2-9

§ 10.08 GRADES AND ELEVATIONS; OFFICIAL CITY BASE ESTABLISHED.

   The official city base, or plane of reference for elevations in the city, is hereby fixed at an elevation of 1,809.895 feet above sea level, as determined by the United States coast and geodetic survey, in the adjustment made in 1903.

(1991 Code, § 1-8)

Cross-reference:

   Applications to have sidewalk grades and lines established, see § 93.034