Section
10.01 Designation; citation; headings
10.02 General definitions
10.03 Rules of construction
10.04 Repeal of repealing act; effect of repeal
10.05 Construction of section references
10.06 Acts by agent or deputy
10.07 Conflicting provisions
10.08 Separability
10.09 Wards established
10.10 City seal
10.11 City flag
10.99 General penalty
Statutory reference:
Authority to impose penalties, see W. Va. Code 8-11-1, 8-12-2(11)
Codification of ordinances, see W. Va. Code 8-11-4(b)
Maximum penalty permitted, see W. Va. Code 8-11-1, 8-12-5(57)
(A) All ordinances of a permanent and general nature of the municipality as revised, recodified, rearranged, renumbered and consolidated into component codes, chapters, articles and sections shall be known and designated as the “Codified Ordinances of Nitro, West Virginia, 2021”, for which designation “codified ordinances” may be substituted. Code, chapter, subchapter and section headings do not constitute any part of the law as contained in the codified ordinances.
(B) All references to codes, chapters, subchapters and sections are to such components of the codified ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the “Traffic Code”. Sections may be referred to and cited by the designation “§” followed by the number, such as “§ 101.01”.
(Prior Code, § 101.01)
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNCIL. The legislative authority of the municipality.
COUNTY. Either Kanawha County or Putnam County, as applicable to that portion of the city located therein.
LAND OR LANDS and REAL ESTATE OR REAL PROPERTY. Include lands, tenements and hereditaments, and all rights thereto and interests therein except chattel interests.
LAWS OF THE STATE. Includes the West Virginia Constitution and the United States Constitution, and treaties and laws made in pursuance thereof.
(W. Va. Code 2-2-10)
MUNICIPALITY or CITY. The City of Nitro, West Virginia.
OFFENSE. Includes every act or omission for which a fine, forfeiture or punishment is imposed by law.
(W. Va. Code 2-2-10)
OWNER. When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
PERSON or WHOEVER. Includes corporations, societies, associations and partnerships.
PERSONAL ESTATE or PERSONAL PROPERTY. Includes goods, chattels, real and personal, money, credits, investments and the evidences thereof.
PRECEDING, SUCCEEDING or FOLLOWING. Used in reference to any section or sections of a subchapter means next preceding, next succeeding or next following that in which such reference is made.
(W. Va. Code 2-2-10)
PREMISES. As applied to property, includes land and building.
PROPERTY or ESTATE. Embraces both real and personal estate.
(W. Va. Code 2-2-10)
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
REGISTERED MAIL. Includes certified mail.
STATE. The State of West Virginia or any department, division, commission, board, educational or other institution of the state.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises alone or with others.
WRITTEN or IN WRITING. Includes any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. But when the signature of any person is required, it must be in his or her own proper handwriting, or his or her mark, attested, proved or acknowledged.
(W. Va. Code 2-2-10)
(Prior Code, § 101.02)
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