(A) It shall not be necessary, except where otherwise provided by state law or by this code, for the Council to publish in a newspaper any proposed ordinance prior to the adoption thereof or any enacted ordinance subsequent to the adoption thereof; and any and all ordinances shall be adopted in accordance with the following requirements, except where different or additional requirements are specified in other provisions of state law or this code; in which event, such other different or additional requirements shall be applicable.
(1) A proposed ordinance shall be read by title at not fewer than two meetings of the Council, with at least one week intervening between each meeting, unless a member of the Council demands that the ordinance be read in full at one or both meetings. If such demand is made, the ordinance shall be read in full as demanded.
(2) At least five days before the meeting at which a proposed ordinance, the principal object of which is the raising of revenue for the city, is to be finally adopted, the Council shall cause notice of the proposed adoption of such proposed ordinance to be published as a Class I-O legal advertisement, in compliance with the provisions of W.Va. Code Ch. 59, Art. 3, and the publication area for such publication shall be the city. The notice shall state the subject matter and general title or titles of such proposed ordinance, the date, time and place of the proposed final vote on adoption and the place or places, within the city, where such proposed ordinance may be inspected by the public. A reasonable number of copies of the proposed ordinance shall be kept at such place or places and be made available for public inspection. Such notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(3) A proposed ordinance shall not be materially amended at the same meeting at which finally adopted.
(B) The Council may adopt, by ordinance, building codes, housing codes, plumbing codes, sanitary codes, electrical codes, fire prevention codes or any other technical codes dealing with the general public health, safety or welfare or a combination thereof, as the manner prescribed by this division (B). Before any such ordinance shall be adopted, the code shall be either printed or typewritten and shall be presented in pamphlet form to the Council at a regular meeting, and copies of such code shall be made available for public inspection. The ordinance adopting such code shall not set out such code in full, but shall merely identify such code. The vote on the adoption of such ordinance shall be as on any other ordinance. After the adoption of the ordinance, such code or codes shall be certified by the Mayor and shall be filed as permanent records in the office of the City Clerk, who shall not be required to transcribe and record such code in the ordinance book as other ordinances are transcribed and recorded. Consistent with the provisions of division (A) above, it shall not be necessary that any such ordinance, either as proposed or after adopted, be published in any newspaper, and it shall not be necessary that the code itself be so published; but before final adoption of any such proposed ordinance, notice of the proposed adoption of such ordinance and code shall be given by publication, as herein provided for ordinances the principal object of which is the raising of revenue for the city, which notice shall also state where, within the city, the code or codes will be available for public inspection.
(C) (1) The Council may enact an ordinance without complying with the rules prescribed in this section only:
(a) In the case of a pressing public emergency, making procedure in accordance with the provisions of this section dangerous to the public health, safety or morals, and by affirmative vote of two-thirds of the members elected to the Council; and
(b) When otherwise provided by state law.
(2) The nature of any such emergency enactment shall be set out in full in the ordinance.
(1991 Code, § 2-13)
Charter reference:
Cross-reference:
Effect of repeal or expiration of ordinance, see § 10.06
Statutory reference:
Ordinances and ordinance procedures, see W.Va. Code §§ 8-11-1 et seq.
State law basis of this section, see W.Va. Code § 8-11-4