No person shall place, cast, discharge or deposit the carcass of any dead animal or part thereof, or garbage, slop, spoiled meat, or putrid organic substances hazardous to public health, or the contents of privy vaults, septic tanks, or cesspools into any river, creek or other stream, or upon the surface of any land adjacent to such river, creek or other stream in such a location that high water or normal drainage conditions will cause such offensive material to be washed, drained or cast into the river, creek or other stream. No person shall place, cast, discharge or deposit such offensive material upon the surface of any public road, street, alley, City lot, public ground, market space or common, or upon the surface of any land within 100 yards of a public street or road. No person being the owner, lessee or occupant of any such City lot, public ground, market space, common or land within 100 yards of a public street or road, shall knowingly permit any of the offensive materials hereinbefore named to remain thereon, to the annoyance of any of the residents of the City, or neglect or refuse to remove or abate the nuisance occasioned thereby within twenty-four hours after such person has knowledge of the existence of such nuisance upon any of the above mentioned premises owned, leased or occupied by him, or within twenty-four hours of service of notice thereof in writing from the Health Officer or the Mayor, as the case may be.
Upon a conviction for any such offense, the person convicted shall, within twenty-four hours after such conviction, bury or cause to be buried at least three feet under the ground, or destroy or cause to be destroyed by fire or as otherwise directed by the Health Officer any of the offensive materials or substances hereinbefore named which the person so convicted has placed or knowingly permitted to remain upon such City lot, public ground, market space, common or land, contrary to the provisions of this section, and his failure to do so shall constitute a second offense against the provisions of this section. The continued failure or refusal of such convicted person to bury or destroy such offensive materials and substances as provided herein shall constitute a separate, distinct and additional offense for each successive twenty-four hour period of such failure and refusal. (WVaC 16-9-3)