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(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.
(WVaC 61-3-44)
(b) No person with intent to injure or defraud shall connect, or cause to be connected, any pipe, tube, wire, electrical conductor or other instrument with any main, service pipe or other pipe or conduit or flume for conducting water, or with any main, service pipe or other pipe or conduit for conducting gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat or motive services, for the purpose of taking therefrom water, gas or electric energy, without the knowledge of the owner thereof and with intent to evade payment therefor. (WVaC 61-3-45)
(c) No person shall make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a CATV system within the Municipality for the purpose of enabling anyone to receive any television signal, radio signal, picture, sound or other transmission, without payment for the service.
(d) No person, without the consent of the owner, shall willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, sound or other transmission.
(a) No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(b) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(a) No person shall abandon or knowingly permit to remain on public or private property, any excavation, well, cesspool or structure which is in the process of construction, reconstruction, repair or alteration unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.
(b) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.
(c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.
No person without authorization shall dump garbage or trash, or assist in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.
(WVaC 61-3-53)
(a) If any person, by himself or agent, without lawful authority so to do, shall remove, destroy, injure or deface any of the guideboards, milestones or posts, parapets, street signs or directional signals, walks, culverts, bridges, masonry of any kind, gates belonging to or forming a part of a public road, within the Municipality; or who shall willfully break down or destroy any bench or log placed across a stream for the accommodation of travelers; or who shall injure any statue, monument, chair or other seat, or lamp or lamppost, constructed on or being in any way connected with a public road, space or park, or any railing or fencing erected for public use, or enclosing any such space or park, or any railing, posts or guards along a public road for the protection of travel thereon, or any walk or crossing for foot passengers; or who shall obstruct or injure any public road or ditch made for the draining thereof, or any of its sewers, curbing, gutters, drains or culverts; or who shall place or leave in a public place any ashes, cinders, earth, stone or other material, obstructive to the travel and use of such road; or who shall place or leave in any public road any vehicle or conveyance of any kind, or any kind of implement, so as to interfere with travel thereon; or who shall divert any stream of water from its regular course or channel so as to injure or endanger a public road; or who shall connect any road with a public road in such manner as to impede the flow of water in the ditches or gutters thereof or obstruct or impede travel thereon; or who shall throw or place, or cause to be thrown or placed, on any public road, any tacks, nails, scrap metal, glass, crockery, wire or other substance injurious to the feet of persons or animals, or the tires of vehicles; or who shall remove, injure or destroy any material or equipment used or intended for use in the construction, reconstruction, repair or maintenance of any public road; or who shall kill a tree and leave it standing within fifty feet of any public road; shall be guilty of a misdemeanor and shall also be liable to the City, for any injury caused by such act.
(b) “Public road”, as used in this section, shall include any street, alley or public highway within the City.
(Ord. 1085. Passed 1-6-86.)
(a) It shall be unlawful for any person, firm, or corporation to obtain any money, services, goods or other property or thing of value by means of a check, draft, or order for the payment of money or its equivalent upon any bank or depository, knowing at the time of the making, drawing, issuing, uttering or delivering of such check, draft or order that there are not sufficient funds on deposit in or to his credit with such bank or other depository with which to pay the same upon presentation. The making, drawing, issuing, uttering, or delivery of any such check, draft or order, for or on behalf of any corporation, or its name, by any officer or agent of such corporation, shall subject such officer or agent to the penalties of this section to the same extent as though such check, draft or order was his own personal act, when such agent or officer knows that such corporation does not have sufficient funds on deposit in or to its credit with such bank or depository from which such check, draft or order can legally be paid upon presentment.
(b) This section shall not apply to any such check, draft or order when the payee or holder knows or has been expressly notified prior to the acceptance of same or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment as aforesaid, nor shall this section apply to any postdated check, draft or order.
(c) No prosecution shall be confined to the provisions of this section by virtue of the fact that worthless checks, drafts, or orders may be employed in the commission of some other criminal act.
(d) Any person who violates the provisions of this section, if the amount of the check, draft, or order is less than five hundred dollars ($500.00) shall be guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than thirty days or both fined and imprisoned.
(e) Any person who violates the provisions of this section if the amount of the check, draft or order is five hundred dollars ($500.00) or more shall be prosecuted under state law.
(Ord. 685. Passed 9-9-85.)
(a) No person shall own, operate or maintain any junk yard or any other business of like kind or character within the City, without erecting a tight barrier of sufficient height to screen such junk yard and the contents thereof from public view. Such barrier shall not encroach upon the boundary line of any street, sidewalk or alley.
(b) No person shall pile or store junk on any public street, sidewalk or alley in the City.
(c) (1) Junk yards shall be so maintained and operated that excessive smoke and offensive odors shall not be permitted to escape from such junk yards so as to constitute a common or public nuisance to other properties in the neighborhood.
(2) Any person owning, operating or maintaining a junk yard within the City in violation of the provisions of this article shall be deemed guilty of maintaining a common or public nuisance.
(d) In addition to the criminal remedy for the violating of any of the provisions of this article, the City, Mayor, or any resident of the City, may proceed against the person violating any of the provisions of this article by filing a suit in any court of competent jurisdiction for the purpose of abating a common or public nuisance and perpetually enjoining the same.
(e) The Mayor shall have the authority to set a reasonable length of time in which offending parties are to comply with any part of this section.
(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(a) Whoever violates Section 533.05(b) shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both.
(b) Any person convicted of a violation of Section 533.09 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received. (WVaC 61-5-33)