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If the provisions of different codes, articles or sections of the Codified Ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
Each section of the Codified Ordinances and every part of each section is an independent section and part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause does not affect the validity or constitutionality of any other section or part thereof.
Whenever any officer or employee of the City is required or authorized by statute, the Codified Ordinances or any other ordinance or resolution, or rules, regulations or orders issued pursuant thereto, in order to carry out his duties thereunder, to enter any premises or vehicle for the purpose of making an inspection thereof or of anything contained therein, such officer or employee shall have the right to enter any such premises or vehicle, in accordance with law and upon proper identification, at any reasonable time in pursuance of such duties; provided, that this section shall not be construed as purporting to authorize any unreasonable search and seizure prohibited by Section 6, Article III of the West Virginia Constitution.
(1975 Code Sec. 2-3)
(a) Authority vested in and duties imposed upon City officers by State law, the Codified Ordinances or other ordinances and resolutions of City Council may, when they so authorize, be exercised or performed by their deputies, assistants and other subordinates, to the extent not prohibited by State law, the Codified Ordinances or other ordinance or resolution of City Council.
(b) When any City officer or employee is absent or disabled, or when any office or position in the City government is vacant, the person designated by competent authority to act in the place of such absent or disabled City officer or employee or to hold temporarily the vacant office or position shall have the powers and perform the duties of such absent or disabled officer or employee or appertaining to such vacant office or position.
(1975 Code Sec. 2-4)
(a) The City Manager, the presiding officer of City Council or any committee thereof, the presiding officer of any board, commission or other body of the City government, the City Clerk, the City Treasurer and each other officer, deputy or assistant officer of the City to whom any sworn statement, whether oral in writing, is required to be made or submitted by any person pursuant to any provision of the Codified Ordinances or other ordinance or resolution of City Council shall have authority to administer the oath so required; provided, that nothing in this section shall be construed as purporting to authorize the administration of any oath which, by law, is required to be administered by a judicial officer, notary public or other officer authorized by statute to administer oaths, nor shall this section be construed as purporting to authorize the taking of any acknowledgment of any signature or seal for the purpose of recording elsewhere than in the office of the City Clerk or some other office of this City.
(b) No person to whom an oath has been administered pursuant to this section shall knowingly make any false certificate, affidavit or statement, oral or written, concerning any matter whatsoever in violation of such oath.
(1975 Code Sec. 2-26)
(a) Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. Each day any such violation continues shall constitute a separate offense. (A.O.)
(b) Any person who violates the littering Ordinance of the City is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).