Each day of violation shall be considered a separate violation. Garbage cans and dumpsters to be covered. For nonpayment of charges for water or sewer services, or both, the City, after notice of discontinuance in accordance with the applicable Public Service Commission rules and regulations, shall shut off water services and lock the meter, and shall restore service only upon payment of all water and sewer charges and accrued penalties. Upon every person engaging or continuing within this City in the business of furnishing any real or tangible property which has a tax situs in this City, or any interest therein, for hire, loan, lease or otherwise, whether the return is in the form of rentals, royalties, fees or otherwise, the tax shall be three-tenths of one percent (.30%) of the gross income of any such activity. Injury or destruction of property or monuments. (Ord ) CLOTHING ALLOWANCE BENEFITS FOR FULL-TIME EMPLOYEES; INITIAL EQUIPMENT; BUDGET APPROPRIATIONS; REQUIREMENTS; PENALTIES. Every person owning, keeping or harboring a dog in the City shall pay to the City an annual license tax of one dollar ($1.00) for each such dog, which tax shall become due on July 1 of each year. (a) No owner, lessee or borrower of a vehicle or combination of vehicles shall operate on any highway such vehicle or combination of vehicles, whether driven by such owner, lessee or borrower, or by some person on behalf of such owner, lessee or borrower, of a size or weight exceeding any limitation stated in this article or West Virginia Code Article 17C-17, or otherwise in violation of any provision of this article or West Virginia Code Article 17C-17, whether such limitation or provision be specifically stated in this article or West Virginia Code Article 17C-17 or set by express authority granted in this article or West Virginia Code Article 17C-17, and the maximum size and weight of Vehicles herein specified shall be lawful throughout this City. (e) Placards. Lights on slow-moving vehicles. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (d) Notwithstanding any other provision of this Code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap. "City Tree Specifications and Standards of Practicen means regulations promulgated by the City Tree Board and adopted by the City Council, and regulating or dealing with the City trees. Appeal; correction of assessment; injunction. License; application and Stop work order. CROSS REFERENCES Submission of ordinances and resolutions to Mayor - see CHTR. 880-6. "Business" includes the production of natural resources or manufacturing products which are used or consumed by the producer or manufacturer and includes the activities of a banking business or financial organization. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor vehicles other than a motorcycle, motor-driven cycle or moped shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading. If any article, section, subsection, paragraph, sentence, clause or word of this Charter is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality or application of any other portion of this Charter. By a majority vote by the members of the Councils of the Town of Ceredo, and the City of Kenova, a Ceredo-Kenova Railroad Museum Commission is hereby created. (c) Changes in Designation of Area. The total number of video lottery terminals located within the municipal boundaries of the City of Kenova may not exceed twenty (20). Sec. arrest; failure to appear False fire alarm Falsely reporting an False reports concerning emergency incident. (g) Service of Process. No part of the original suspension system may be disconnected to defeat the safe operation of the suspension system. j > -4 * -* ~ ~ +.- *. Violations and Fines 2013 EDITION. Directions. VII, Sec. (Ord ), 55 ADMINISTRATIVE CODE 3 0 Any and all persons employed by the Park Board to execute the duties and powers under this article, are subject to the approval of the Mayor and Council. (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. (Wac ) CONSTRUCTION OF SECTION REFERENCES. Permits issued under the terms of this article convey no right to erect any building other than mobile homes or to do any plumbing work or to do any electrical work. After you do business with City of Kenova, please leave a review to help other people and improve hubbiz. Payment in full of the proper tax or fee as required by the City, the issuance of a City license certificate and the fulfillment of all terms and conditions of such grant shall be conditions precedent to the transaction of any business, profession, calling, vocation, activity, trade or employment for which the City license is required. If such bill, voucher, statement or account shall not be paid to the ClerWTreasurer within ten days, then the ClerkITreasurer or his or her duly authorized representative shall prepare a notice of lien against such lot, land or property for the total amount of the actual cost of the removing of such debris, refuse, grass and weeds or any other deleterious material, which lien shall be duly verified by the City ClerkITreasurer, Building Inspector, Mayor or other authorized representative of the City. Art Virginia Point Park. The action may be brought in magistrate or another court of competent jurisdiction. All returns, reports, licenses, declarations and applications, and the information contained therein, shall be considered confidential by City officers and employees. 218 27 Indecency and Obscenity (6) "Prepare" means to produce, publish or print. Additional restrictions on driving upon left side of roadway Hazardous or no passing zones One-way roadways and rotary traffic islands Driving in marked lanes or continuous lines of traffic Following too closely Driving upon divided roadways Entering and exiting controlled-access highway Penalty. ), 190 ARTICLE 375 Bicycle Helmets Short title Sale of bicycle helmets Legislative fmdings and Civil actions. (WVaC 6 1-3A-3) TRESPASS. (q) "Substantial improvement" means: (1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: A. "Sun screening device" means film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun. Any person who demonstrates inability to pay shall be referred to the Governor's Highway Safety Program for assistance in obtaining the appropriate helmet or helmets. Any complaint or order shall be served upon the owner in accordance with the law of this State concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint. The principal office of the Corporation shall be 716 West Avenue, Austin, Texas 78701. (c) Except as otherwise provided in these Codified Ordinances, the following are exempt from licensure: (1) Work done exclusively by employees of the United States Government, the State of West Virginia, the County of Wayne, the City of Kenova, and any governmental subdivision or agency thereof; 1993 Replacement, 293 4C Licensing of Contractors The sale or installation of a finished product, material or article or merchandise which is not actually fabricated into and does not become a permanent fixed part of the structure; Work performed personally by an owner or lessee of real property on property the primary use of which is for agricultural or farming enterprise; A material supplier who renders advice concerning use of products sold and who does not provide construction or installation services; Work performed by a public utility company regulated by the West Virginia Public Service Commission and its employees; Repair work contracted for by the owner of the equipment on an emergency basis in order to maintain or restore the operation of such equipment; Work performed by an employer's regular employees, for which the employees are paid regular wages and not a contract price, on business property owned or leased by the employer; Work personally performed on a structure by the owner or occupant thereof; and Work performed when the specifications for such work have been developed or approved by engineering personnel employed by the owner of a facility by registered professional engineers licensed pursuant to the laws of this City when the work to be performed because of its specialized nature or process cannot be reasonably or timely contracted for within the general area of the facility. 3.5 Beautification Commission boards and commissions; action approval bond Chtr. Date C.O. In the event the plaintiff stipulates to the reduction of five percent (5%) of medical damages, the court shall make the calculations and the issue of mitigation of damages for failure to wear a safety belt shall not be presented to the jury. Council shall determine and adopt its own rules for the conduct of its meetings. Special meetings of the Commission may be called by the Director or by at least two members upon written request to the secretary. Art DRIVING UNSAFE VEHICLES; APPLICATION; FARM AND ROAD EQUIPMENT EXCEPTIONS. (a) No board or commission of the City shall employ any person, firm, association, partnership or corporation to perform, on a regular basis, any service or labor without first securing the permission and approval of the Mayor and Council. The tax authorized by this article shall be due and payable in monthly installments on or before the fifteenth day of the calendar month next succeeding the month in which the tax accrued, provided, that for credit sales in which the tax authorized by the article is not collected by the hotel operator at the time of such sales, such tax shall not, for the purposes of this article, be regarded as having accrued until either the date on which it is received by the hotel operator or the expiration of the thirty day payment period set forth in Section 753.O5, whichever shall first occur. "Hotel room" shall not be construed to mean a banquet room, meeting room or any other room not primarily used for, or in conjunction with, sleeping accommodations. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas." No service charge shall be charged or collected by the holder or payee of a dishonored check, draft or order after filing a complaint for warrant. (Wac 17C-1-54), 92 7 Definitions PARKING AREA. The City shall not accept payment of a water or sewer bill separately, when the customer concerned owes for both water and sewer services. (a) On and after July 1, 1951, no person shall operate any motor vehicle as specified herein, nor shall any motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glass of a type approved by the Commissioner of Highways wherever glass is used in doors, windows and windshields. (c) "Mobile home park" means any lot or parcel of land used or intended to be used for the accommodation of ten or more mobile homes Replacement, 356 PLANNING AND ZONING CODE 4 (d) (e) "Mobile home unit" means an area of land in a mobile home park upon which one mobile home is located for the purpose of being occupied as a home and a permanent residence. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities " or "specified anatomical areas " and still be categorized as adult bookstore or adult video store. If the ordinance or resolution is disapproved by veto, the Mayor shall attach thereto a written statement explaining the reasons for the veto. The delineation of the identified flood plain area may be revised by the City where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission or other qualified agency or individual document the necessity for such changes. (WvaC 17C-3-7) UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING. (b) ADDroval of Permits and Plans. 3.1 Powers and Duties of Mayor. (a) No person shall willfully refuse to collect or to pay the tax or willfully refuse to make the return required to be made by this article; or willfully make any false or fraudulent return or false statement in any return with the intent to defraud any taxing authority, or willfullv evade the payment of the tax, or any part thereof; or willfully aid or abet another in any attempt to evade the payment of the tax, or any part thereof; and no officer, partner or principal of any corporation or association shall willfully make or willfully permit to be made for such corporation or association any false return or any false statement in any return authorized by this article, with the intent to evade the payment of this tax Replacement, 336 4 1 Hotel Occupancv Tax (b) Any person willfully violating any of the provisions of this article shall for the first offense be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than thirty days, or both. (c) (d) "Refuse" means all putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes. Injunction. Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible. (b) "Adult bookstore or adult video storen means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas", and (2) Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." (Wac 17C-15-5) RED LIGHT OR RED FLAG ON EXTENDED LOADS. After the public hearing, Council may adopt the budget with or without amendment. Sec. Art Indecency and Obscenity. No person may be convicted under this section when his sole intent for engaging in the activities for which he was arrested was to exercise one or more of the rights guaranteed to him under the Constitution of the United States or the State Constitution or to exercise any other rights guaranteed to that person by law LOITERING ON SCHOOL PROPERTY AND IN PUBLIC PLACES. (2) Findings - and determinations. The following words and phrases when used in this Traffic Code shall, for the purpose of this Traffic Code. The respondents complain that the petitioners did not follow certain procedures for closing a street or railroad crossing. The City shall collect an annual fee for a license issued under this section as provided in Section The license period shall begin on July 1 of each year commencing with July 1, 1981, and ending on the June 30 of the following year, and if the initial license is granted for less than a year, the fee shall be computed in proportion to the number of quarters remaining in the fiscal year, including the quarter in which application is made. Right of way at through street or highway or stop intersections. No person shall knowingly permit a gaming table, bank or device, as mentioned in Section , to be kept or exhibited on any premises in his occupation. (f) No person shall encase, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the City. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (a) When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the 1998 Replacement, 185 TRAFFIC CODE 82 pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. The payee or holder of any such dishonored check may Impose a service charge not to exceed fifteen dollars. CONSUMER REGISTRATION; When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. (a) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment. Police escort. If an> customer shall request in v-nting a test of the accurac! 135 service WATER RATES SCHEDULES. Activity Amusement or music devices: Less than 20: 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 wheels Collection agency Employment agency Fortune telling, palmist, etc. (c) No operator of a hotel shall advertise or state in any manner, either directly or indirectly, that such tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the cost of any room or rooms, or that, if added, any part will be refunded. if) When a bill reflects unusual usage which can be attributed to leakage on the customer's side of the meter, the bill shall be recalculated to reflect the City's incremental cost of treating or purchasing the water for all amounts above the customer's historic usage. CROSS REFERENCES See sectional histories for similar State law Pedestrian defined - see TRAF Pedestrians at traffic signal - see TRAF Pedestrian control signal - see TRAF COMPLIANCE WITH TRAFFIC REGULATIONS. Council shall hold a public hearing on the proposed budget annually after publishing an advance notice of said hearing in one or more newspapers of general circulation in the City. (WVaC 17C-1-53) STREET OR HIGHWAY; ALLEY. Sec. The primary election shall be held on the first Tuesday of April, 1987 and on such day in each fourth year thereafter. (5) The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department or Building Official as being in compliance with applicable laws or ordinances Replacement, 283 BUSINESS AND TAXATION CODE 2 (6) The permit andlor license fee required by this article has not been paid. The ClerldTreasurer is empowered and authorized to design forms, keep accurate records and promulgate reasonable rules and regulations for the collection of this revenue. Within five days of making any such emergency expenditure amounting, in the aggregate. (Ord ) DOGS EXEMPTED FROM LICENSE AND VACCINATION. (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. Any City officer or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit the office or position. SECTION 2.8 ARTICLE AND SECTION TITLES. (WVaC 17C-5-3) HAZARDOUS DRIVING. 211 CMR: DIVISION OF INSURANCE 21 APPENDIX A: TRAFFIC LAW VIOLATIONS. 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