Skip to code content (skip section selection)
Compare to:
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
Loading...
SECTION 4. FORM OF GOVERNMENT.
   The form of government of the City of Wheeling shall be the Manager-Mayor Plan, as set forth as Plan V in W.Va. Code Sec. 8-3-2, whereby there shall be a Council of six members, elected from such geographic districts as are hereinafter provided (hereinafter sometimes called "Wards"), which districts the Council may change, from time to time, without amending the Charter: Provided, That the change of such districts shall not take effect during the terms of office of the members of such Council making such change. There shall be a Mayor elected at large by the qualified voters of the City as hereinafter provided, who shall serve as a member and the presiding officer of the Council; and a City Manager who shall be appointed by the Council. The Council shall be the governing body. The Manager shall be the administrative authority. The Manager shall manage the affairs of the City under the supervision of the Council and shall be responsible to the Council. The Manager shall appoint or employ, in accordance with Chapter 8 of the West Virginia Code and this Charter, all subordinates and employees for whose duties or work the Manager is responsible to Council.
SECTION 5. WARDS.
   (a)   Wards - The City shall be divided into six wards, embracing the territory included in precincts established by the Ohio and Marshall County Commission as follows:
   First Ward- embracing all that territory with the City of Wheeling which is now included in Precinct Numbers 4, 5 and 20.
   Second Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 24, 31, 36, 60, and 69.
   Third Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 28, 77, 103 and 104.
   Fourth Ward- embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 113, 115, 116, and 127.
   Fifth Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 120, 124, 125 and 129.
   Sixth Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 130, 135, 141, 148 and Marshall County Precinct No. 39.
(Ord. 14272. Passed 2-7-12.)
   (b)    Ward boundary changes. Changes in the boundaries of the wards may be made by Council by ordinance from time to time, but in making such changes regard must be had for the compactness of the territory and in equalizing the number of inhabitants of the several wards.
   (c)    Ward meetings. Each member of Council shall hold a public meeting in the ward represented by that member not less than annually to hear concerns of residents of the ward.
SECTION 6. ELECTIONS.
   A special City election of the Mayor and members of Council shall be held on November 3, 1992. Regular City elections of the Mayor and members of Council shall be held on the second Tuesday of May, 1996, and the second Tuesday of May of each fourth year thereafter.
   The conduct of all municipal elections shall be integrated with the system of "permanent registration of voters," and those provisions of Chapter Three of the West Virginia Code that integrate county-state elections with the "permanent registration system" are hereby incorporated by reference, to the extent reasonably applicable.
   Except as otherwise provided herein, the provisions of general law with respect to the method and time for the filing of certificates of candidacy, conducting elections, and determining and certifying the results of such elections, shall apply to City elections.
   All City elections shall be nonpartisan. Any person who is eligible to hold and seeks to hold the office of Mayor or member of Council shall file with the City Clerk a certificate declaring candidacy for such office, accompanied by a $50 filing fee, which certificate shall be in form and effect as follows:
 
I,                                           , hereby certify that I am a candidate for the office of [ Mayor or member of Council for the                    Ward ] of the City of Wheeling, and desire my name to be printed on the official ballot of the City of Wheeling to be voted at the election to be held on the                     day of                , 19          ; that I am a legally qualified voter of the City of Wheeling; that my residence is                                            , in the                    Ward of the City of Wheeling; that I am eligible to hold that office; and that I am a candidate for that office in good faith.
                                    
   Candidate
Signed and acknowledged before me this         day of        19        .
SECTION 7. OATH OF MAYOR AND MEMBERS OF COUNCIL.
   The Mayor and every member of Council, before entering upon the duties of the office, shall make before someone authorized by law to administer oaths, and file with the City Clerk an oath or affirmation to support the Constitutions of the United States and the State of West Virginia and to discharge faithfully the duties of the office to the best of the Mayor's or member's skill and judgment.
SECTION 8. COMPENSATION OF THE MAYOR AND MEMBERS OF COUNCIL.
   Since July 1, 1992, Members of Council receive an annual salary of $8,500, and the Mayor receives an annual salary equal to that of a member of Council plus 33%. Beginning on July 1, 2020, the compensation of the Mayor and Members of Council shall be increased to reflect an ad-hoc cost-of-living increase based upon the increases in the National Consumer Price Index for the time period of July 1, 1992 through July 1, 2020, but in no case shall such increase exceed three percent (3%) per annum. This shall be a one time adjustment in 2020 in compensation not an annual, recurring adjustment in salary thereafter. Neither the Mayor nor any member of Council shall receive additional emoluments, allowances or bonuses on any account: Provided, that the Mayor and members of Council may participate at their own expense in any group insurance program offered by the City of Wheeling to its employees, consistent with the terms and requirements of such policy. (2-13-18.)
SECTION 9. TERM OF MAYOR AND COUNCIL.
   The Mayor and members of Council elected on November 3, 1992, shall take office on December 1, 1992, and shall serve until June 30, 1996. The Mayor and members of Council elected in the regular municipal election on the second Tuesday of May, 1996, and every four years thereafter, shall take office on the first day of July next following, and shall serve until June 30 of the fourth following year.
SECTION 10. LIMITATION ON TERMS OF THE MAYOR.
   The Mayor shall be elected to not more than two consecutive terms: Provided, That nothing herein shall be construed as preventing an incumbent Mayor from election to a Council term following the end of the Mayor's term.
SECTION 11. QUORUM, RECORDS AND MEETINGS OF COUNCIL.
   Council shall hold a regular meeting on the first and third Tuesday of each month, unless that day is a legal holiday, in which case the meeting shall be held on the following Wednesday.
   A majority of the members elected to the Council shall be a quorum to do business, but a less number may adjourn from time to time. All legislative action shall be by ordinance except where otherwise required by the Constitution or the laws of the State. The Council shall keep a journal of its proceedings which shall be a public record. At the desire of any member the yeas and nays shall be entered upon the journal, and on the passage of every ordinance, the vote shall be taken by yeas and nays and entered on the journal and no ordinances shall be passed without the concurrence of a majority of the members elected to Council. Special meetings shall be held on the request of any two members upon notice to each member and as provided by rule of Council, consistent with W.Va. Code Sec. 6-9A-3. The proceedings of the Council shall be public, except for executive session as permitted under W.Va. Code Sec. 6-9A-4.
   Except where inconsistent with this Charter, general law or ordinance, the proceedings of Council shall be governed by the rules of parliamentary procedure contained in Robert's Rules of Order. including, but not limited to, the requirement that debate must be limited to the merits of the immediately pending question; except that in a few cases the main question is also open to debate. Speakers must address their remarks to the presiding officer, be courteous in their language and deportment, never alluding to the officers or other members by name, where possible to avoid it, nor to the motives of members. It shall be the duty of the presiding officer to see that parliamentary procedure and decorum are maintained.
SECTION 12. ATTENDANCE AT COUNCIL MEETING REQUIRED FOR VOTING.
   No member of Council may vote on any matter before Council unless that member is present at the time of the vote. No paired votes or absentee votes shall be permitted.
Loading...