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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 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.
SECTION 80. FEES OF OFFICIALS TO BE PAID INTO CITY TREASURY.
   All fees and money paid to an officer of the City, for an official service, shall belong to the City and be paid at once into the City Treasury by such officer, the salary or compensation given by the City to its officers respectively, being all the compensation they shall be entitled to for an official service.
SECTION 81. REQUIREMENTS FOR PETITIONS ISSUED UNDER CHARTER.
   Signatures to petitions provided in this Charter need not be appended to one paper, but each paper bearing signatures shall state, at the top thereof, the purpose of the petition, and there shall be attached thereto the affidavit of the circulator thereof stating that each signature was made in the circulator's presence on the date specified and is the genuine signature of the person whose name it purports to be, and, in cases requiring signatures of qualified voters, that such person is to the best of the circulator's knowledge and belief a qualified voter of the City of Wheeling. Opposite each signature is to be given the place of residence in Wheeling of each signer, by street and number where possible, and the date such persons signed the petition. All separate papers comprising a petition shall be assembled and filed with the City Clerk as one instrument. Upon receiving any petition, the City Clerk shall immediately examine the same, and if found to contain the number of valid signatures requisite for the purpose specified therein and that it complies with the requirements hereof, shall certify such petitions to be in good form and shall forthwith transmit such petition to the Council. If such petition does not contain the requisite number of valid signatures or fails to comply with the requirements hereof in any other respect, the City Clerk shall state in writing the defect or defects therein and shall return it to the party who filed it. If the petition is returned to the City Clerk within ten days thereafter, and then is found to meet the requirements hereof, the City Clerk shall certify same to be in good form, and shall transmit same to the Council forthwith. The Council may allow the City Clerk such reasonable sum as may be necessary to secure any additional help required to assist in the examination of any petition or petitions, or the City Manager may be directed to assign to the City Clerk competent City employees for such purpose. This section shall not apply to nominating petitions except as to the examination thereof.
SECTION 82. SEPARABILITY.
   If any provision of this Charter be held to be unconstitutional or invalid, this shall not affect the validity, force or effect of any other provision.
SECTION 83. INCONSISTENT ACTS REPEALED.
   All acts and parts of acts inconsistent herewith are hereby repealed.
SECTION 84. TRANSITION.
   The members of Council representing the former First, Third, Fifth, Seventh and Ninth Wards elected in May of 1990, and the members of Council representing the former Second, Fourth, Sixth and Eighth Wards elected in May of 1992, and the Mayor and Vice Mayor to be elected by those members of Council in June of 1992, shall serve until their successors are elected and qualified and take office on December 1, 1992.
CODIFIED ORDINANCES OF WHEELING