ADOPTING ORDINANCE NO. 574
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES ENTITLED "CITY CODE OF FAIRMONT, WEST VIRGINIA"; ADOPTING NEW MATTER RELATING TO TRAFFIC VIOLATIONS, PARKING VIOLATIONS, PEDESTRIAN VIOLATIONS, RELATING TO LAW ENFORCEMENT, DISTURBING PEACE AND LOITERING OFFENSES, GAMBLING OFFENSES, INDECENCY AND OBSCENITY PROHIBITED, LIQUOR CONTROL VIOLATIONS, OFFENSES RELATING TO MINORS, OFFENSES RELATING TO PERSONS AND PROPERTY, TRESPASSING VIOLATIONS, WEAPONS OFFENSES, RELATING TO FIRE ESCAPES, DEFINITIONS, TAXES UPON COLLECTION AGENCIES AND EMPLOYMENT AGENCIES; PENALTIES.
WHEREAS, Charter Section 2.16 provides that Council shall adopt by ordinance a general codification of all city ordinances; and
WHEREAS, Such codification has been prepared and printed as required by the Charter; and
WHEREAS, West Virginia Code §8-11-4 authorizes a comprehensive code of ordinances;
NOW THEREFORE THE CITY OF FAIRMONT HEREBY ORDAINS THAT:
SECTION 1. REPEALED: (Ordinance No. 382, and the Code of the City of Fairmont adopted pursuant thereto and all other ordinances in conflict herewith, are hereby repealed in their entirety.)
SECTION 2. CITY CODE ADOPTED: There is hereby adopted and made a part hereof by reference that certain Code entitled "City Code of Fairmont, West Virginia, " containing the Charter and certain ordinances of a general and permanent nature as amended to conform with state statutory law, as compiled, consolidated, codified and indexed by the Walter H. Drane Company of Cleveland, Ohio, copies of which are on file in the office of the City Clerk. Provided further, that the following new material within the Code is adopted hereby:
101.01 to 101.08 Designation of code 101.99 General penalty 103.01, 103.02 Relating to elections 301.01 to 301.48 Traffic code definitions 303.01 to 303.09 Enforcement, impounding 303.99 Traffic penalty 305.01 to 305.08 Traffic code authority; penalty 311.01 to 311.03 Street obstructions and special use 313.03 to 313.07 Traffic control devices 331.01 to 331.07 Automobile accidents 333.12 Reckless driving 333.99 Reckless driving penalty 335.01 to 335.04 Speed restrictions 337.01 to 337.12 Driving on right, passing 339.01 to 339.05 Turning vehicles 339.07 to 339.10 Starting and signals 341.01 to 341.05 Right of way 343.01 to 343.08 Special stops required 345.01 to 345.30 Safety and equipment rules 347.01 to 347.05 Commercial and heavy vehicle rules 349.01 to 349.07 Miscellaneous vehicle rules 349.09 to 349.14 Miscellaneous vehicle rules 351.01 to 351.11 Licensing vehicles 361.01 to 361.05 Parking generally 361.11 Parking mobile homes, boats 363.01 to 363.04 Parking meters 363.99 Parking, penalty 371.01 to 371.08 Pedestrian rules 373.01 to 373.08 Bicycle rules 373.10 Reckless bicycle operation, speed |
501.01 to 501.06 Law enforcement 501.99 Penalty, law enforcement violation 505.99 Penalty, animal or fowl violations 509.01 Disorderly conduct violation 509.04 Disturbance of school or assemblies violation 509.05 Loitering on school property violation 509.99 Penalty, loitering or disturbance offenses 513.01 to 513.09 Gambling violation 513.99 Penalty, gambling 517.01 to 517.10 Indecency and obscenity prohibited 517.99 Penalty, indecency and obscenity offenses 521.01 to 529.06 Liquor control violations 525.01 to 529.03 Minors offenses 529.01 to 529.03 Offenses relating to persons 529.99 Penalty, offenses relating to person 531.01 Obstructing railroad crossings violations 531.02 Trespassing violations 531.99 Penalty, obstructing and trespassing 533.01 to 533.05 Offenses relating to property 537.01 Abandoned airtight containers prohibited 537.99 Penalty, safety and sanitation offenses 545.01 to 545.06 Weapons offenses 545.99 Penalty, weapons offenses 741.01 Definition, relative to taxes code 743.04 Taxes, collection agencies imposed 743.05 Taxes, employment agencies imposed 921.99 Penalties, sewer regulations 1303.01(46) Definition, zoning code 1752.03(i) Fire escapes, snow accumulation prohibited |
SECTION 3. SAVINGS: The repeal provided for in the preceding Section 1 of this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date hereof; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date hereof; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bond of the City or any evidence of the City's indebtedness or any contract or obligation assumed by the City, any annual tax levy, any right or franchise conferred by ordinance or resolution of the City on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary although general in effect, or special, although permanent in effect nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it effect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance adopted on final reading and passage after the effective date hereof.
SECTION 4. PENALTY FOR VIOLATIONS: Except as hereinafter otherwise provided, whenever in the Code adopted by this Ordinance any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or other doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or by both fine and imprisonment, as more specifically provided by the Code in 101.99.
Except where otherwise provided, every day any violation of such Code shall continue shall constitute a separate offense.
Notwithstanding the foregoing provisions of this section, no penalty imposed for any violation of the Code adopted by this Ordinance, shall be greater than the penalty that may be imposed consequent upon the violation of a similar provision of the Code of West Virginia, as amended.
SECTION 5. SEVERABILITY: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, adopted are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance or the Code hereby adopted.
SECTION 6. PUBLICATION: The City Clerk shall publish the within ordinance pursuant to West Virginia Code §8-11-4(b) prior to the adoption hereof.
This Ordinance shall become effective not sooner than thirty days after adoption.
Passed this 7th day of September , 1982.
/s/ Robert K. Powell
MAYOR
ATTEST:
/s/ Lena C. West
City Clerk
CONTENTS
Preliminary Unit
Comparative Section Table
CITY CODE OF FAIRMONT, WEST VIRGINIA
PART ONE - Administrative Code
PART THREE - Traffic Code
PART FIVE - General Offenses Code
PART SEVEN - Business and Taxation Code
PART NINE - Streets, Utilities and Public Services Code
PART ELEVEN - Health and Sanitation Code
PART THIRTEEN - Planning and Zoning Code
PART FIFTEEN - Fire Prevention Code
PART SEVENTEEN - Building and Housing Code