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Weston Overview
Weston, WV Code of Ordinances
WESTON, WEST VIRGINIA CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
CHAPTER 130: GENERAL OFFENSES
§ 130.001 ADULTERY, FORNICATION, AND OTHER OFFENSES AGAINST PUBLIC MORALS, AND SOLICITATION THEREFOR.
§ 130.002 ADVERTISING UNLAWFUL BUSINESSES AND ARTICLES; DEFACING LAWFUL ADVERTISEMENTS AND NOTICES.
§ 130.003 AIR GUNS, PISTOLS, AND RIFLES PROHIBITED EXCEPT ON USER’S PROPERTY.
§ 130.004 ASSAULT AND BATTERY; FIGHTING.
§ 130.005 ATTEMPTS; AIDING AND ABETTING.
§ 130.006 BATHING NUDE IN WEST FORK RIVER.
§ 130.007 BILL POSTING ON POLES AND THE LIKE WITHOUT PROPER AUTHORITY.
§ 130.008 BREACH OF THE PEACE AND RELATED OFFENSES; DUTIES OF PROPRIETORS OF ESTABLISHMENTS.
§ 130.009 BROTHELS AND HOUSES USED FOR IMMORAL PURPOSES; MAINTAINING INMATES; LOITERING ABOUT PREMISES.
§ 130.010 SAME, REVOCATION OF LICENSE OF HOTEL OR BOARDING HOUSE FOR VIOLATION.
§ 130.011 BUSINESSES AND ACTIVITIES WHICH ARE PROHIBITED.
§ 130.012 CEMETERIES.
§ 130.013 CITY OFFICERS AND EMPLOYEES; INTERFERING WITH EMPLOYEES.
§ 130.014 SAME, DUTY OF BYSTANDERS TO ASSIST IN APPREHENDING PERSONS CHARGED WITH CRIME.
§ 130.015 SAME, INTERFERING WITH PEOPLE ASSISTING EMPLOYEES.
§ 130.016 SAME, BRIBERY.
§ 130.017 SAME, IMPERSONATION OF.
§ 130.018 TAMPERING WITH CITY PROPERTY, PERSONAL PROPERTY GENERALLY.
§ 130.019 SAME, DAMAGE TO AND TRESPASS UPON REAL PROPERTY.
§ 130.020 SAME, UNAUTHORIZED HOURS FOR ENTRY.
§ 130.021 COAL TO BE WEIGHED PRIOR TO SALE.
§ 130.022 PERMITS REQUIRED FOR CONCERTS, MUSIC FESTIVALS, AND THE LIKE.
§ 130.023 SAME, WHEN PROHIBITED AS PUBLIC NUISANCES; PERSONAL ACTS PROHIBITED.
§ 130.024 CONSPIRACY TO INFLICT BODILY INJURY OR TO COMMIT OFFENSE AGAINST PROPERTY.
§ 130.025 CONVERSION OF PERSONAL PROPERTY FROM ENCLOSURE OF ANOTHER.
§ 130.026 DISORDERLY CONDUCT.
§ 130.027 SAME, DISTURBING LAWFUL ASSEMBLAGE.
§ 130.028 SAME, DISTURBING CHURCHES, MEETING HOUSES, AND PLACES OF AMUSEMENT.
§ 130.029 SAME, ON SCHOOL PREMISES.
§ 130.030 EXCESSIVE DOOR BELL RINGING AND THE LIKE.
§ 130.031 DRUNKENNESS IN PUBLIC.
§ 130.032 EMBEZZLEMENT.
§ 130.033 FALSE ALARMS AND REPORTS.
§ 130.034 FRAUDULENT PRACTICES.
§ 130.035 GAMBLING, GAMBLING DEVICES, AND THE LIKE.
§ 130.036 SAME, TRANSMITTAL OF INFORMATION.
§ 130.037 SAME, DOORKEEPER FOR GAMBLING OPERATION.
§ 130.038 GOVERNMENTAL FUNCTIONS OF CITY NOT TO BE HAMPERED BY “SIT-INS” OR OTHER METHODS.
§ 130.039 HUNTING AND KILLING ANIMALS.
§ 130.040 INDECENT, LEWD, OBSCENE, AND IMMORAL CONDUCT.
§ 130.041 LARCENY.
§ 130.042 LOITERING.
§ 130.043 MARKERS, STAKES, AND THE LIKE INDICATING STREET LINES, GRADING, AND THE LIKE.
§ 130.044 MINORS UNDER AGE 18, OFFENSES BY AND RELATING TO CURFEW.
§ 130.045 PEEPING TOMS.
§ 130.046 PREPARATION, DISTRIBUTION, OR EXHIBITION OF OBSCENE MATTER.
§ 130.047 PRIVATE PROPERTY PROTECTED; PERSONAL PROPERTY.
§ 130.048 SAME, REAL PROPERTY.
§ 130.049 SAME, ENTRY AND REMAINING UPON PREMISES WHEN FORBIDDEN BY OWNER OF OCCUPANT.
§ 130.050 PROFANE, OBSCENE, OR IMMORAL UTTERANCES.
§ 130.051 PROPERTY MAINTENANCE STANDARDS.
§ 130.052 PROSTITUTION AND RELATED OFFENSES.
§ 130.053 RESCUING OF PRISONERS PROHIBITED.
§ 130.054 SHOPLIFTING.
§ 130.055 SOLICITING MONEY OR SUBSCRIPTIONS.
§ 130.056 SPEECHES IN UNENCLOSED PUBLIC PLACES.
§ 130.057 SPITTING AND OTHER HEALTH ENDANGERING ACTS PROHIBITED.
§ 130.058 THROWING STONES AND MISSILES; DEPOSITING GLASS, NAILS, AND THE LIKE ON STREETS.
§ 130.059 TRAILERS USED FOR LYING OR SLEEPING PURPOSES REGULATED.
§ 130.060 TREES AND PLANTS ORNAMENTING STREETS AND OTHER PLACES.
§ 130.061 UNLAWFUL ASSEMBLIES, RIOTS, AND ROUTS.
§ 130.062 VAGRANCY.
§ 130.063 SAME, BRANDISHING OR EXPOSING SO AS TO THREATEN BREACH OF THE PEACE.
§ 130.064 SAME, PROHIBITED DISCHARGE.
§ 130.999 PENALTY.
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCE
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§ 130.062 VAGRANCY.
   (A)   It shall be unlawful for mendicants or vagrants to frequent or remain upon or within any depot, bus station, store, theater, street, sidewalk, park, or other public place in the city as detailed in the provisions of § 130.042. Any person found sleeping in any such place, or any person who has no established domicile or residence or means of support, shall be considered to be a vagrant or mendicant.
   (B)   As per § 130.042, it shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(Prior Code, § 17-65) Penalty, see § 130.999
§ 130.063 SAME, BRANDISHING OR EXPOSING SO AS TO THREATEN BREACH OF THE PEACE.
   It shall be unlawful for any person to carry, expose, brandish, or use any firearm, knife, razor, billy, metallic or other false knuckles, or other dangerous or deadly weapon of any kind or character in any way or manner to cause or threaten a breach of peace.
(Prior Code, § 17-67) Penalty, see § 130.999
Charter reference:
   Authority relating to public nuisances, see Charter § 30
§ 130.064 SAME, PROHIBITED DISCHARGE.
   It shall be unlawful for any person to discharge any firearm, slingshot, or other weapon or instrument which propels a projectile capable of inflicting bodily injury except in the lawful defense of person or property and except when necessary in the performance of a lawful duty; provided, that this section shall not apply to the use of blank ammunition at athletic events, military funerals, theatrical performances, and other functions at which the use of blank ammunition is appropriate and does not constitute any danger to any person or property, nor shall this section apply to the use of ball ammunition or arrows on authorized target ranges where such use is conducted under competent supervision and adequate safeguards are provided for the protection of persons and property.
(Prior Code, § 17-68) Penalty, see § 130.999
§ 130.999 PENALTY.
   (A)   Any person violating any provisions of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99.
   (B)   (1)   Any person deemed guilty is guilty of a felony, designated grand larceny, as described in § 130.041(A), shall, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more than $2,500, or other amount deemed appropriate by the Municipal Court.
      (2)   Any person deemed guilty is deemed guilty of a misdemeanor, designated petit larceny, as described in § 130.041(B), shall, upon conviction thereof, shall be confined in jail for a term not to exceed one year or fined not to exceed $2,500, or both, in the discretion of the court.
(Prior Code, § 17-41)
   (C)   Any parent, guardian, custodian, or other adult person having the legal custody and control of a minor who is guilty of any violation of the provisions of § 130.044, or any person, firm, or corporation operating or having charge of any public place who knowingly permits or suffers the presence of minors on their premises in violation of the terms of § 130.044, shall be subject to a fine of not more than $200, or other amount deemed appropriate by the Municipal Court, and/or imprisonment in the county jail for a period of not more than 30 days. Any minor who violates any provision of this section shall be dealt with and proceeded against in such manner as may be authorized by the juvenile laws of the state.
   (D)   Any person who knowingly sends or causes to be sent or causes to be brought into the city for sale or public display, or prepares, sells, or makes a public display, or in the city offers to prepare, sell, or make a public display, or in the city offers to prepare, sell, or make a public display of any obscene matter to any individual, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or other amount deemed appropriate by the Municipal Court, or imprisoned in the county jail not more than 30 days or both fined and imprisoned. A person convicted of a second or subsequent offense under § 130.046 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or other amount deemed appropriate by the Municipal Court, or imprisoned in the county jail not more than six months or both fined and imprisoned.
(Ord. passed 2-4-1980; Ord. passed 10-23-1997; Ord. passed 8-7-2006)
Statutory reference:
   Distinction between grand larceny, a felony, and petit larceny, see W. Va. Code 61-3-13
   Other provisions relating to larceny, see W. Va. Code 61-3-14 to 61-3-19