(Ord ), 321 BUSINESS AND TAXATION CODE IMPOSITION AND LEVYING OF TAX; AMOUNT. Activity Amusement or music devices: 1 device 2-5 devices devices 1 1 or more devices Rate $ per device per device per device Billiard or pool: First table Each additional table Bowling Alley: First alley Each additional alley Carnivals: For each performance Riding devices Concessions Games of skill Candy or merchandise wheel $ OO per table $ per alley $5.00 per week per week 5.00 per week per week per day Collection agency $ Employment agency $ Fortune telling, palmist, etc. Rates are based on water usage. No. (Wac ) TAMPERING WITH AND THEFT OF UTILITIES; CATV. (Ord ) SIGNAGE. 342, enacted October 4, 2022. Placement of Buildings. Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public. The tax hereby imposed and levied shall not apply to the following transactions, which transactions are hereby exempted from such tax: (a) (b) (c) (d) (e) Purchases of public utility service for resale; Purchases of public utility service by the United States of America, the State and the political subdivisions, municipalities, boards, commissions, authorities and public corporations thereof; Purchases of tangible personal property such as appliances or the like, as distinguished from the public service supplied; Charge for telephone services which are paid by the insertion of coins into coin-operated telephones, and specific charges or tolls for telephone calls to points outside the corporate limits of this Municipality; and Nonrecurring or one-time charges incidental to the furnishing of public utility service. (Wac ) PERMITTING GAMBLING AT PUBLIC PLACES. Council may by resolution contract with the Wayne County Commission or its successor to provide necessary supplies and devices for City elections. No person shall ride sidesaddle on a seat. Occupational Licenses. Sec. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by Section , which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (e) If no inquiry from the owner or his representative is made to the Police Department within seventy-two hours after the towing then the Police Department shall immediately send or cause to be sent a written report of such towing by mail to the State department whose duty it is to register vehicles, and shall file a copy of such notice with the proprietor of any public garage in which may be stored. Shortcutting; avoiding traffic control devices. (a) Any person engaging in or prosecuting any business contrary to provisions of this article, whether without obtaining a business franchise registration certificate therefor before commencing the business, or by continuing the business after the termination of the effective period of such certificate shall, in addition to all other penalties provided in this article, be liable for the payment of all back taxes and penalties for a period not exceeding five years. (Ord. In all City elections, the permanent registration of voters used in county and state elections shall be used. Gross income included in the measure of the tax under Section , except in the case of production of natural gas, shall neither be added nor deducted in computing the tax levied under the other sections of this article. (Wac 6 1-3A-6) (b) Shoplifting Defined. (Wac ) POSSESSING DEADLY WEAPONS ON PREMISES OF EDUCATIONAL FACILITIES. In the absence of bumpers, and in cases where bumper heights have been altered or modified, height measurements shall be made to the bottom of the frame rail. This article has been established to provide a place for cross references and future legislation. 'Drug" has the same meaning as is ascribed to that term in West Virginia Code 61A-1-101(1). Any helmet sold or offered for sale for use by operators and passengers of bicycles shall be conspicuously labeled in accordance with the standard described in Section (f), which shall constitute the manufacturer's certification that the helmet conforms to the applicable safety standards. C. Treasurer. 700 B Street . 309 7z7.0 1 BUSINESS AND TAXATION CODE DEFINITIONS. Nothing in this section shall prohibit a minor from possessing a firearm while hunting in a lawful manner or while traveling from a place where he or she may lawfully possess a deadly weapon, to a hunting site, and returning to a place where he or she may lawfully possess such weapon. (Wac ), 42 5 Codified Ordinances RULES OF CONSTRUCTION. Art Speed Restrictions. (a) "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Spotlights and auxiliary lights. (a) No truck, tank truck or tank trailer of any type engaged in hauling explosives or inflammables whether liquid or petroleum or solid products shall be stored or parked in the City. (Ord ) 1993 Replacement, 371 BUILDING AND HOUSING CODE 4B RIGHT OF ENTRY. CHAPTER THREE - Streets and Traffic Control Devices Art Street Obstructions and Special Uses. However, the provisions of this section shall not extend to coin-operated nonpayout machines with free play features or to automatic weighing, measuring, musical and vending machines which are so constructed as to give a certain uniform and fair return in value or services for each coin deposited therein and in which there is no element of chance. (Ord ) BYLAWS. In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed for use by the general public when the ramp or curb cut is properly marked with blue paint. (Ord ) RETURN AND REMITTANCE BY TAXPAYER On or before the expiration of one month after the end of the tax year each taxpayer shall make a return for the entire year showing the gross proceeds of sales or gross income of business, trade or calling, and compute the amount of tax chargeable against him in accordance with the provisions of this article and deduct the amount of quarterly payments, as hereinbefore provided, if any, and transmit with his report a remittance in the form required by Section covering the residue of the tax chargeable against him to the office of the Clerk-Treasurer; such return shall be signed by the taxpayer, if made by an individual, or by the president, vice president, secretary or treasurer of a corporation, if made on behalf of a corporation. Commission Generally. "Hotel" means any facility, building or buildings, publicly or privately owned in which the public may, for a consideration, obtain sleeping accommodations. 2-2S87; ) EXEMPTIONS. (Ord ) 1993 Replacement, 372 ASSESSING AND COLLECTING COSTS. I, Sec. However, the initial Board shall be appointed to staggering terms in the following manner: (a) Kenova shall appoint five members, one to a one-year term; one member to a three-year term; one member to a five-year term; one member to a seven-year term; and one member to a nine-year term; (b) Ceredo shall appoint four members to the initial Board, one to a two-year term; one member to a four-year term; one member to a six-year term; and one member to an eight-year term; (c) Thereafter, each appointment shall be for a term of nine years. (WVaC 17C-1) 1990 Replacement, 156 TRAFFIC CODE PROJECTING LOADS ON PASSENGER VEHICLES. City Not Liable. "Gross income" means the gross receipts of the taxpayer, other than a banking or financial business, received as compensation for personal services and the gross receipts of the taxpayer derived from trade, business commerce or sales and the value proceeding or accruing from the sale of tangible property, real or personal, or service, or both, and all receipts by reason of the investment of the capital of the business engaged in, including rentals, royalties, fees, reimbursed costs or expenses or other emoluments however designated and including all interest, carrying charges, fees or other like income, however denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his business, and extension of credit in connection with the sale of any tangible personal property or service, and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties paid in cash or in kind or otherwise, interest or discount paid or any other expense whatsoever. C. Authorization for school buses shall be designated as set out in West Virginia Code 17C (e) Notwithstanding the foregoing provisions of this section, any vehicle belonging to a county board of education, an organization receiving funding from the state or federal transit administration for the purpose of providing general public transportation, or hauling solid waste may be equipped with a white flashing strobotron warning light. The City shall not be liable to any customer for any damage resulting from bursting or breakage of any line, main, pipe. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that the prohibited conditions are maintained shall constitute a separate offense. (Ord ) PERIOD GRANTED; POWER TO COUNCIL. SECTION 4.3 POWER TO CONDUCT INVESTIGATIONS. The Mayor shall appoint, with the approval of Council, the City Clerk-Treasurer, the City Judge, and all other City officers, employees and members of agencies, boards and commissions as provided by general law, this Charter or ordinance and may, except where prohibited by general law, this Charter, ordinance or any duly adopted merit or civil service systems, remove any City officer, employee or member of an agency, board or commission at the Mayor's pleasure; provided, however, any officer or employee so removed who is not covered by a duly adopted merit or civil service system shall have a right to appeal the removal to Council, which after holding a hearing at which the officer or employee and the Mayor may testify, may by an affirmative vote of three members of Council retain said officer or employee. CROSS REFERENCES Uniform Commercial Driver's License Act - see W.Va. Code Art. Every person riding an animal or driving any animaldrawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Traffic Code, except those provisions of this Traffic Code which by their very nature can have no application. "Personn means any person, firm, partnership, association, corporation, company, or organization of any kind. TABLE OF CONTENTS ARTICLE ONE POWERS AND FORM OF GOVERNMENT Sec. "U" turns restricted. Art Public Utility Excise Tax. The Judge of the City Court shall be at least twenty-five years of age at the time of appointment, shall have earned a high school or general equivalency diploma, and shall not have been convicted of any felony or of any misdemeanor involving moral turpitude. (a) It is unlawful for any person under fifteen years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet. Art Police Department. No person shall commit any one of the following acts: (a) Display or cause or permit to be displayed or have in his possession any fictitious or fraudulently altered driver's or commercial driver's license or nonoperator's identification; (b) Lend his driver's or commercial driver's license or nonoperator's identification to any other person or knowingly permit the use thereof by another; (c) Display or represent as one's own any driver's or commercial driver's license or nonoperator's identification not issued to him; (d) Use a false or fictitious name in any application for a driver's or commercial driver's license or nonoperator's identification or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application; (e) Permit any unlawful use of a driver's or commercial driver's license or nonoperator's identification issued to him; or (f) Do any act forbidden or fail to perform any act required by this Traffic Code or West Virginia Code Chapter 17. (b) The provisions of this article shall be enforced by the Animal Warden. Government Offices. (b) No person shall, with intent to impede or obstruct a law enforcement officer in the conduct of an investigation of a felony offense, knowingly and willfully make a materially false statement. Depending on the type of structure involved, the following information shall also be included in the application for work within the flood plain area: (1) For structures to be elevated to the base flood elevation: A. The order shall fix a date when such work shall be completed, which, for good cause shown, may be extended by the Commission. CROSS REFERENCES Nomination and elections - see CHTR. No person may be licensed in more than one of such capacities at the same time. Provided that this section shall not apply to vehicles used in the course of a business or occupation and parked at the business location. Art Fire Department. ARTICLE THREE ELECTED OFFICER - MAYOR Sec. "Gross income" of a banking or financial business is specified in Section "Gross proceeds of sales" means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cast of property sold or expenses of any kind. All sworn law enforcement officers of the Police Department shall qualify on all firearms on an annual basis. Art Clerk-Treasurer. (c) Any person who: (1) Drives a vehicle in this Municipality while: A. (j) A person violating any provision of subsection (a), (b), (c), (d), (e), (f) or (h) hereof shall, for the third or any subsequent offense under this section, be guilty of a felony and charged under West Virginia Code 17C Replacement, 114 TRAFFIC CODE 28B (k) For purposes of subsections (i) and (j) hereof relating to second, third and subsequent offenses, the following types of convictions shall be regarded as convictions under this section: (1) Any conviction under the provisions of subsection (a), (b), (c), (d) or (e) of the prior enactment of this section for an offense which occurred on or after September 1, 1981, and prior to the effective date of this section; (2) Any conviction under the provisions of subsection (a) of the prior enactment of this section for an offense which occurred within a period of five years immediately preceding September 1, 1981 ; (3) Any conviction under a municipal ordinance of this State or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e) or (f) of this section, which offense occurred after June 10, 1983; and (1) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section, if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. WHEREAS Sections 62 and 64 of the Community Charter, ORDINANCE NO. A vacancy shall be created in the office of Mayor if the Mayor's temporary absence exceeds sixty days. 1.3 Construction. O-84-2000. school bus defined discharging children sale of signs; warning lights stopping for stops parking in BUSINESS AND OCCUPATION TAX amusements, operating banking; other financial business coal production; other natural resources contracting definitions furnishing property for hire general provisions administration and construction appeal; assessment correction; injunction assessment notice; reassessment; hearing collection by distraint collection, enforcement of computation; remittance erroneous computation exemptions failure to make return jeopardy assessments lien of tax due and unpaid liens, recording payment; nonpayment penalty BUSINESS AND OCCUPATION TAX (Cont.) The Judge shall have the power to issue warrants, upon complaint under oath of any person or officer, for the arrest of anyone charged with any City offense within the jurisdiction of the Court or for search and seizure in connection with violation of a City ordinance. If an offense occurs as set forth in the immediately preceding sentence, both the driver of the vehicle and any or all occupants of such vehicle shall be presumed to be the offenders. There is hereby levied and imposed an annual license tax as provided in Section upon all dealers of nonintoxicating beer. The side windows behind the driver and the rear most windows may have a sun screening device that is designed to be used on automotive safety glazing materials that has a light transmission of not less than thirty-five percent (35%) and a reflectivity of not more than twenty percent (20%). (e) No tractor trailer, semi-trailer, house trailer, camping trailer, lowboy trailer, or other truck or vehicle determined to create a hazard to pedestrians or vehicular traffic, shall be parked on any street, alley or highway for a longer period of time than two hours of the day or night. "Violation of an out-of-service order" means: (1) The operation of a commercial motor vehicle during the period the driver was placed out of service; or (2) The operation of a commercial motor vehicle by a driver after the vehicle was placed out of service and before the required repairs are made. (d) This section shall not apply to a dog accompanying any handicapped person who, by reasons of hislher handicap, is physically unable to comply with the requirements of this section, or to any individual who utilizes a guide dog. MARSHALL MUNICIPAL UTILITIES COMMISSION Section 13.01. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed. Northwest OKC Chamber of Commerce. (Ord ) FUNERAL LEAVE BENEFIT. Adopted. (a) No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, remove, improve, convert, raze or demolish any building in the City, or cause the same to be done, without first obtaining a separate permit for each such building or structure from the Bureau of Fire Prevention. (b) Wait. With the exception of the two City-wide yard sales discussed in Section above, a license shall be required for a yard sale held in the Municipality and shall be posted for display in full view at the place and time of the sale. 04-2013, ORDINANCE NUMBER 3325 AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 15.48 OF THE MISSOULA MUNICIPAL CODE ENTITLED "ALARM SYSTEMS". Right of way when turning left. (c) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. (WVaC ) Public place includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement. (k) "New construction" means structures for which the start of construction as herein defined commenced on or after the effective date of this article. Other officers may be appointed as necessary to conduct City business. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. -'. 8-2404 and repealing the existing section. 82-31. Garbage and trash shall be collected and disposed of regularly, as provided in Article 917. (EDITOR'S NOTE: See Section for general Code penalty.) Annually the Mayor shall submit to Council the budget for the next fiscal year. Sec. miles. (a) When a law which has repealed another is itself repealed, the former law shall not be revived without express words for that purpose. ~ * (1) By unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the battery is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or la; or (2) By unlawfully and intentionally causing physical harm to a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the battery is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or la. The identified flood plain area shall be those areas of the City which are subject to the 100-year flood, as shown on the Flood Insurance Study (FIS) prepared for the City by the Federal Emergency Management Agency (FEMA) dated May 17, 1989, or the most recent revision thereof. (2) "Merchant" means an owner or operator of any mercantile establishment, and includes the merchant's employees, servants, security agents or other agents. As another example, indicates the code number is 1, the article number is 113 (or the 13th article within code I), and the section number is.10. (a) No person under the age of twenty-one years shall order, pay for, share the cost of or attempt to purchase any nonintoxicating beer, wine or alcoholic liquors from a licensee or consume any nonintoxicating beer, wine or alcoholic liquors purchased from a private club licensee or possess any nonintoxicating beer, wine or alcoholic liquors purchased from a licensee. Any person who willfully violates any of the provisions of this section shall be subject to such punishment as Council shall, by ordinance, prescribe and such person shall forfeit the City office or position he or she holds and shall, for a period of five years, be ineligible for any City appointment or employment. All appeals. A "substantial financial interest" as used herein, shall be deemed to be an interest amounting to more than five percent of the particular business enterprise or contract. (3) In addition to any other penalty which can be imposed for a violation of Section , a court may, as a condition of probation, prohibit any person so convicted from possessing or owning any animal or type of animal during the period of probation. 030-15 ORDINANCE REPEALING CHAPTER 60A OF THE MUNICIPAL CODE OF THE CITY OF CEDAR RAPIDS, IOWA, AND ENACTING A NEW CHAPTER 60A SURVEILLANCE CAMERAS FOR BUSINESSES, No. 76. 7.5 Election Dates. (b) Any dog found running at large or not under restraint, whose owner is known, need not be impounded, but the Warden in his discretion, shall cite the owner to appear in the Municipal Court of the City in lieu of impounding such animal. (WVaC 17C-17-4) 1990 Replacement, 157 65 Commercial and Heavv Vehicles (e) The total outside width, exclusive of safety equipment authorized by the United States Department of Transportation, of any vehicle or the load thereon shall not exceed ninety-six inches, except as otherwise provided in West Virginia Code Article 17C-17: provided, that any vehicle with a total outside width of 102 inches, exclusive of safety equipment authorized by the United States Department of Transportation, may be operated on any street or highway designated by the United States Department of Transportation or the Commissioner of the Department of Highways or on any street or highway having a minimum lane width of ten feet. 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city of kenova ordinances