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Wheeling Overview
Codified Ordinances of Wheeling, WV
CODIFIED ORDINANCES OF THE CITY OF WHEELING, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
SECTION 1. POWERS AND RIGHTS OF CITY AS CORPORATE BODY.
SECTION 2. POWERS OF LOCAL SELF GOVERNMENT AND HOME RULE.
SECTION 3. LEGISLATIVE POWER OF COUNCIL; FINES AND PENALTIES FOR VIOLATION OF ORDINANCES.
SECTION 4. FORM OF GOVERNMENT.
SECTION 5. WARDS.
SECTION 6. ELECTIONS.
SECTION 7. OATH OF MAYOR AND MEMBERS OF COUNCIL.
SECTION 8. COMPENSATION OF THE MAYOR AND MEMBERS OF COUNCIL.
SECTION 9. TERM OF MAYOR AND COUNCIL.
SECTION 10. LIMITATION ON TERMS OF THE MAYOR.
SECTION 11. QUORUM, RECORDS AND MEETINGS OF COUNCIL.
SECTION 12. ATTENDANCE AT COUNCIL MEETING REQUIRED FOR VOTING.
SECTION 13. ORDINANCE FORM, PASSAGE, RECORDS AND INDEX; CODIFICATION.
SECTION 14. PERSONAL INTEREST OF MEMBERS OF COUNCIL; EFFECT.
SECTION 15. RESTRICTION ON FINAL PASSAGE OF CERTAIN ORDINANCES; USE OF STREETS, FRANCHISES.
SECTION 16. SPECIFIED ORDINANCES; EFFECTIVE DATE; ELECTOR PROTEST.
SECTION 17. ORDINANCES INITIATED BY ELECTORS; PUBLIC VOTE; PUBLICATION.
SECTION 18. COUNCIL TO GRANT FRANCHISES.
SECTION 19. PUBLIC UTILITY FRANCHISES; CONDITIONS THEREOF.
SECTION 20. GRANTS FOR SWITCHES OR TRAMWAYS ON STREETS.
SECTION 21. ASSESSMENT FOR PUBLIC IMPROVEMENT; VOTE.
SECTION 22. NOTICE OF PROPOSED ASSESSMENTS TO ABUTTING PROPERTY OWNERS.
SECTION 23. COMMISSIONERS OF LOANS AND BOND ISSUES.
SECTION 24. PROVISIONS FOR ISSUANCE OF LICENSES.
SECTION 25. CONTINUATION OF DEPARTMENTS.
SECTION 26. APPOINTMENTS.
SECTION 27. SELECTION, POWERS AND DUTIES OF MAYOR.
SECTION 28. DEVELOPMENT COMMITTEE; MAYOR'S ADVISORY COMMISSION ON ECONOMIC AND INDUSTRIAL DEVELOPMENT.
SECTION 29. SELECTION, POWERS AND DUTIES OF VICE-MAYOR.
SECTION 30. APPOINTMENTS BY MAYOR.
SECTION 31. TRAFFIC COMMISSION.
SECTION 32. ZONING REGULATIONS AND ENFORCEMENT THEREOF.
SECTION 33. APPROPRIATION OF PRIVATE PROPERTY; LEVIES FOR RECREATION PURPOSESP WHEELING PARK COMMISSION.
SECTION 34. LEVY BY CLASS FOR WHEELING PARK COMMISSION.
SECTION 35. BOARDS AND COMMISSIONS.
SECTION 36. APPOINTMENT, REMOVAL AND QUALIFICATIONS OF CITY MANAGER.
SECTION 37. CITY MANAGER; OATH, BOND.
SECTION 38. CITY MANAGER; POWERS AND DUTIES GENERALLY.
SECTION 39. CITY MANAGER CONTRACTS; RATIFICATION.
SECTION 40. EXECUTIVE AND ADMINISTRATIVE OFFICIALS; QUALIFICATIONS, BOND, COMPENSATION.
SECTION 41. COUNCIL SEATS FOR CITY OFFICERS; RIGHTS.
SECTION 42. POLITICAL ACTIVITIES; CONTRIBUTIONS BY OFFICERS AND EMPLOYEES; PENALTY.
SECTION 43. APPOINTMENT AND REMOVAL OF OFFICERS AND EMPLOYEES; RESTRICTIONS ON COUNCIL.
SECTION 44. CITY CLERK.
SECTION 45. CITY DIRECTOR OF FINANCE.
SECTION 46. ASSISTANT CITY MANAGER.
SECTION 47. CHIEFS OF POLICE AND FIRE DEPARTMENTS.
SECTION 48. CITY SOLICITOR; ASSISTANT CITY SOLICITORS.
SECTION 49. PERSONNEL DIRECTOR.
SECTION 50. LICENSING OFFICER; REVOCATION OF LICENSES.
SECTION 51. APPOINTMENT OF MUNICIPAL COURT JUDGE.
SECTION 52. JUDGE TO APPOINT CLERK; DEPUTY CLERK.
SECTION 53. DUTIES OF MUNICIPAL COURT JUDGE; TEMPORARY JUDGE.
SECTION 54. JURISDICTION OF MUNICIPAL COURT.
SECTION 55. PROCEEDINGS IN MUNICIPAL COURT.
SECTION 56. ENFORCEMENT OF MUNICIPAL COURT ORDERS; JUDGMENTS; EXECUTION OF PROCESS; FEES.
SECTION 57. POWERS AND DUTIES OF MUNICIPAL COURT CLERK; FEES.
SECTION 58. MUNICIPAL COURT RECORDS AND CERTIFICATES; EFFECT; SEAL.
SECTION 59. PAYMENT OF MUNICIPAL COURT COSTS.
SECTION 60. APPEALS FROM MUNICIPAL COURT; BOND.
SECTION 61. STATE CIVIL SERVICE LAWS APPLICABLE TO POLICE AND FIRE DEPARTMENT.
SECTION 62. CIVIL SERVICE ORDINANCE.
SECTION 63. ANNUAL AUDIT OF BOOKS AND ACCOUNTS; PUBLICATION.
SECTION 64. AUDIT OF BOARDS AND COMMISSIONS.
SECTION 65. FISCAL YEAR FIXED BY ORDINANCE.
SECTION 66. TRANSCRIPT OF COUNTY ASSESSMENT TO COUNCIL.
SECTION 67. WATER RENTS; COLLECTION; DELINQUENCY.
SECTION 68. SUITS FOR COLLECTION OF TAXES.
SECTION 69. CITY EXPENDITURES IN EXCESS OF AUTHORITY; PENALTY.
SECTION 70. LIMITATION ON CITY INDEBTEDNESS.
SECTION 71. ISSUANCE AND SALE OF BONDS; PENALTY; ADVISORY COMMITTEE.
SECTION 72. CITY DEPOSITORIES.
SECTION 73. ACCOUNT AND SETTLEMENT OF MONEYS COLLECTED.
SECTION 74. RECALL OF MEMBER OF COUNCIL.
SECTION 75. BRIBERY OF CITY OFFICIALS.
SECTION 76. ATTEMPTED BRIBERY OF CITY OFFICIALS.
SECTION 77. DEMANDING OR RECEIVING BRIBE BY CITY OFFICIAL.
SECTION 78. GENERAL PENALTY FOR CHARTER VIOLATIONS.
SECTION 79. CERTIFIED COPIES OF ORDINANCES; PRIMA FACIE EVIDENCE OF LAW.
SECTION 80. FEES OF OFFICIALS TO BE PAID INTO CITY TREASURY.
SECTION 81. REQUIREMENTS FOR PETITIONS ISSUED UNDER CHARTER.
SECTION 82. SEPARABILITY.
SECTION 83. INCONSISTENT ACTS REPEALED.
SECTION 84. TRANSITION.
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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SECTION 53. DUTIES OF MUNICIPAL COURT JUDGE; TEMPORARY JUDGE.
   The Judge of the Municipal Court shall preside over that Court and try and determine all cases over which that Court has jurisdiction. In the event of the Judge's temporary absence or disability, the City Manager shall appoint a member of the Ohio County Bar to preside over the Court, and perform the duties of the Judge thereof, during the absence or disability of the regular Judge, and the Judge's salary shall be transferred to and paid the temporary Judge for the time of service as such Judge.
SECTION 54. JURISDICTION OF MUNICIPAL COURT.
   The Judge of the Municipal Court shall have jurisdiction over all offenses against, or violation of, the ordinances of the City, and full authority to punish in any manner lawfully prescribed by such ordinances, the offenders against or violators of the same.
   The Judge of the Municipal Court shall have the same misdemeanor criminal jurisdiction and powers within the City of Wheeling as is now provided by law for magistrates elected in Ohio County.
SECTION 55. PROCEEDINGS IN MUNICIPAL COURT.
   The proceedings for the recovery of the fines or for the enforcement of the penalty prescribed by any ordinance shall conform to the regulations so far as they are applicable, prescribed in the Code of West Virginia for proceedings before magistrates.
SECTION 56. ENFORCEMENT OF MUNICIPAL COURT ORDERS; JUDGMENTS; EXECUTION OF PROCESS; FEES.
   The Court shall have full power and authority to enforce its orders and judgments, by any process of law which may be necessary and proper for the purpose, and all processes, executions and orders of the Court shall be signed by the Judge or Clerk thereof. Such process and executions shall be directed to the Chief of Police of the City, and be executed by the Chief or one of the Police Officers. In the execution of any process or order of the Court, the Chief of Police or officer shall have the same powers, be governed in these proceedings by the same rules of law, and be subject to the same liabilities as the Sheriff of Ohio County, West Virginia, in the performance of like services. There may be charged for the services of such officer the same fees as the Sheriff is entitled to charge for like services, but all such fees, as well as all fines imposed by the Court, shall be collected by the Chief of Police, and accounted for and paid by the Chief to the Finance Director of the City. The City shall in no event be liable for any such fees.
SECTION 57. POWERS AND DUTIES OF MUNICIPAL COURT CLERK; FEES.
   The Clerk of the Court shall have authority to administer oaths within the City and shall perform such duties as may be required by the Judge of the Court, or be prescribed by rule or order of the Council. Such Clerk may charge the same fees for the Clerk's services as are now allowed to be charged by magistrates for like services, and such fees shall be collected; but all such fees shall be accounted for by the Clerk to the City and paid over to its Finance Director.
SECTION 58. MUNICIPAL COURT RECORDS AND CERTIFICATES; EFFECT; SEAL.
   A docket and other books required for the records and a seal shall be provided for the Court by the Council, and the seal may be altered or renewed as the Court may direct. Full faith and credit shall be given to the records of the Court, and the certificates of its Judge or Clerk, whether the seal of the Court be affixed thereto or not, in like manner and with the same effect as if the same were records of the Circuit Court or certificates of the Judge of a Circuit Court similarly authenticated.
SECTION 59. PAYMENT OF MUNICIPAL COURT COSTS.
   The Municipal Court shall have power, upon rendering judgment against a defendant charged with the violation of an ordinance of the City, to render judgment against the defendant also for the costs of prosecution.
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