ADOPTING ORDINANCE # 426
AN ORDINANCE TO ADOPT THE 2016 CODIFIED ORDINANCES; TO ADOPT NEW MATTER; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; AND TO DIRECT THAT THE STATUTORY REQUIREMENTS FOR THE CODIFICATION OF ORDINANCES BE COMPLIED WITH
WHEREAS, the Council of the City of Mannington, West Virginia has deemed it necessary to revise and codify those City ordinances of a permanent and general nature.
WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification;
WHEREAS, the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;
THEREFORE, Be it ordained by the Council of the City of Mannington, that:
Section 1. The ordinances of the City of Mannington, 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 Mannington, West Virginia, 2016.
Section 2. Pursuant to West Virginia Code 8-11-4(b):
(a) Notice of the proposed adoption of the Codified Ordinances shall be given by publication as provided in West Virginia Code 8-11-4(a)(2);
(b) Through authentication of this Ordinance the Mayor shall certify the 2016 Mannington Codified Ordinances which shall be filed as a permanent record in the office of the Clerk.
Section 3. The provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 4 of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to June 15, 2016, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: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. Such enactment shall not be construed to relieve any person from punishment for an act committed in the violation of any such legislative provisions, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provisions shall continue in full force notwithstanding its repeal for the purpose of revision and codification.
(b) The repeal provided above shall not affect:
(1) The grant or creation of a franchise, license, right, easement or privilege.
(2) The purchase, sale, lease or transfer of property.
(3) The appropriation of expenditure of money or promise or guarantee of payment.
(4) The assumption of any contract or obligation,.
(5) The issuance and delivery of any bonds, obligations or other instruments of indebtedness.
(6) The levy or imposition of taxes, assessments or charges.
(7) The establishment, naming, vacating or grade level of any street or public way.
(8) The dedication of property or plat approval.
(9) The annexation or detachment of territory.
(10) Any legislation enacted subsequent to September 6, 2016.
Section 4. This ordinance shall become effective immediately upon passage and approval by the Mayor and publication according to law.
Passed this 9th day of September 2016.
/s/ James W. Taylor
Mayor
ATTEST: /s/ Michele Rohanna Fluharty
City Clerk
CONTENTS
Preliminary Unit
CODIFIED ORDINANCES OF MANNINGTON, WEST VIRGINIA
PART ONE - Administrative Code
PART THREE - Traffic Code
PART FIVE - General Offenses Code
PART SEVEN - Business Regulation 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
EDITOR'S NOTE
The arrangement and numbering of the Codified Ordinances into component codes, chapters, articles and sections are based on an adoption of the decimal numbering system which is in accord with the best accepted practice in instituting a codification. Each section is self-identifying as to code, article and section number. For example, 305.06 indicates that the code number is 3, the article number is 305 (or the 5th article within code 3), and the section number is .06. The code and article numbers appear left of the decimal, with the code number preceding the first two digits left of the decimal, and the article number being all digits left of the decimal. The section number appears right of the decimal. As another example, 113.10 indicates the code number is 1, the article number is 113 (or the 13th article within code 1), and the section number is.10.
This numbering system has the advantage of inherent flexibility in allowing for an almost endless amount of expansion. Codes, chapters, and articles initially are odd-numbered, thus reserving the use of even numbers for future legislation. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number .99. Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections. For example, newly created 575.061, 575.062 and 575.063 follow 575.06 and precede 575.07 to be placed in their logical position.
Section histories enable a user to trace the origin of the law contained in the section. The history indicates the derivation by reference to either its passage date and the ordinance number originally assigned to it at that time, or to its inclusion in any prior code. Sections without histories indicate that the section contains new matter which was ordained by the Adopting Ordinance which enacts the Codified Ordinances.
The Comparative Section Table is included to show the disposition of every ordinance included in the Codified Ordinances. It indicates whether a given ordinance was consolidated with another into one section or split into two or more sections. Cross references direct the user to subject matter reasonably related to material contained within a given article.