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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 73. ACCOUNT AND SETTLEMENT OF MONEYS COLLECTED.
   All officers of the City of Wheeling who shall collect or receive, or whose official duty it is or shall be, to collect, receive, hold or pay out any money belonging to, or which is or shall be for the use of the City, shall make annual account and settlement therefor. Such settlement when made shall be subject to exceptions, and shall take such direction and have only such force and effect as may be provided by law; but in all cases such settlements shall be recorded and be open to examination of the people at such convenient place or places as may be appointed by ordinance of the City.
SECTION 74. RECALL OF MEMBER OF COUNCIL.
   Any member of Council may be removed from office by the following procedure: a petition signed by at least ten percent of the qualified voters of the City shall be filed with the City Clerk, which petition shall contain a general statement of the grounds for which the removal is sought. Such petition shall be submitted, examined and certified in a manner provided in this Charter, and if such petition be deemed sufficient by the City Clerk, the Clerk shall certify the same to the City Council without delay. Upon receipt of such petition the Council shall order and fix a date for holding a special recall election, not less than thirty days nor more than fifty days from the date of the Clerk's certificate. The Council shall publish notice of the election once a week for three successive weeks in two newspapers of general circulation in the City. The ballot for such recall election shall be substantially of the following form and effect:
 
OFFICIAL BALLOT
..................... day of ............................ , 19.....
Special recall election for the removal of A.B......................
For the recall of A.B..........................................
Against the recall of A.B.....................................
   Should a majority of the votes cast be in favor of recalling the member of Council, subject to this provision, such member of Council shall forthwith forfeit the Council seat and the Council shall, at its next meeting following the recall election, appoint a successor to such office for the unexpired term of same. If a recall petition bears the signatures of five thousand qualified voters of the City when certified to Council, the member of Council named therein shall be suspended from office pending the result of the recall election.
   The method of removal shall be cumulative and in addition to any other methods of removal provided by law. No recall petition shall be filed within ninety days succeeding or preceding any regular Council election.
SECTION 75. BRIBERY OF CITY OFFICIALS.
   Any person who shall bribe, by directly or indirectly giving to or bestowing upon a member of the Council of the City, or other officer thereof, any money, testimonial or other valuable thing, or do any act beneficial to such officer, in order to influence the officer in the performance of any official or public duties, shall be deemed guilty of a felony in accordance with Chapter 61 of the West Virginia Code, and shall, moreover, be forever disqualified from holding any office or position of honor, trust or profit in the City.
SECTION 76. ATTEMPTED BRIBERY OF CITY OFFICIALS.
   Any person attempting to bribe, by offering or proposing to give any officer or member of Council of the City of Wheeling money, testimonial or other valuable things, or to do any act beneficial to such officer or member of Council in the performance of any official or public duties, shall be deemed guilty of a felony in accordance with Chapter 61 of the West Virginia Code, and shall, moreover, be forever disqualified from holding any office of honor, trust or profit in the City.
SECTION 77. DEMANDING OR RECEIVING BRIBE BY CITY OFFICIAL.
   If any member of the Council of the City of Wheeling, or other officer of the City shall demand or receive from any corporation, company, firm or person, any money, testimonial or other valuable thing, for the performance of any official or public duties, or for refusal or failure to perform the same, or for any vote or influence given or withheld as such member of Council or other officer, or for making any particular nomination or appointment, that person shall be deemed guilty of a felony in accordance with Chapter 61 of the West Virginia Code, and shall, moreover, be forever disqualified from holding any office of honor, trust or profit in the City.
SECTION 78. GENERAL PENALTY FOR CHARTER VIOLATIONS.
   Any person who shall violate any of the provisions of this Charter, for the violation of which no punishment has been provided herein, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County jail not exceeding thirty days, or by both such fine and imprisonment.
SECTION 79. CERTIFIED COPIES OF ORDINANCES; PRIMA FACIE EVIDENCE OF LAW.
   All copies purporting to be copies of the ordinances of the City, or extracts from the journal or minutes of the Council, which shall be printed by the authority of the Council, or which shall be certified to be true and correct by the Clerk of the City under the seal thereof, shall be received by all courts and magistrates of this State as prima facie evidence of the tenor of such ordinances and of the acts and proceedings of the Council therein set forth.
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