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Chapter, subchapter, section, and division headings of this code are intended as mere catchwords to indicate the contents thereof and shall not be deemed or taken to be titles thereof, nor as any part thereof, nor, unless expressly so provided, shall they be so deemed when any of such chapters, subchapters, sections, or divisions, including the headings or catchlines, are amended or reenacted.
(Prior Code, § 1-4)
It is hereby declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code, since they would have been enacted by the Common Council without the incorporation in this code of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section.
(Prior Code, § 1-5)
(A) The repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penally or punishment incurred, or any proceeding commenced before the repeal took effect or the ordinance expired.
(B) When any ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
(Prior Code, § 1-6)
(A) Nothing in this code or any other ordinance or resolution of the Common Council shall be construed to impose any liability upon the city or upon any person for any act or omission required or permitted thereby when such act or omission is otherwise lawful, in good faith, and without malice or mischievous intent and, in the case of any city officer or employee, is in line of duty and within the scope of his or her authority.
(B) It shall be the duty of the City Attorney to defend city officers and employees against all claims, demands, actions, suits, prosecutions, and other proceedings brought against them for their acts or omissions while acting in line of duty and within the purview of division (A) above.
(Prior Code, § 1-8)
Wherever in this code or in any ordinance or resolution of the Common Council, or in any rule, regulation, notice, or order promulgated by any officer or agency of the city under authority duly vested in him, her, or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation of any such provision of this code or of any such ordinance, resolution, rule, regulation, notice, or order shall be punished by a fine not exceeding $100, or other amount deemed appropriate by the Municipal Court, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day any violation of this code or any such ordinance, resolution, rule, regulation, notice, or order shall continue shall constitute, except where otherwise provided, a separate offense.
(Prior Code, § 1-7)
Statutory reference:
Penalties to be imposed for violation of ordinances, see W. Va. Code 8-11-1 and 8-12-5(55)