Sec. This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. (c) Activities Prohibited. A lessee whose interests are substantially affected may appear and be heard in the same manner as the owner. ((3rd ) (NOTE: The next printed page is page 27) 1995 Replacement, 320 ARTICLE 741 Public Utility Excise Tax 741.O1 Definitions Exemptions Imposition and levying of Nonliability of utility; tax; amount. The lowermost distribution of light, or composite beam specified in Section (b) shall be deemed to avoid glare at all times regardless of road contour and loading. (h) Any employee who uses unpaid leave under this section shall not lose any employment benefit which accrued prior to the initial date of the period of unpaid leave taken bj such employee. Art. (1) Multiple occupancy. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, trusses or structural members capable, generally, of sustaining themselves as beams between the supporting connections. The Commission shall have plenary power and authority, within the jurisdictional limits of the City and within the limits of available funds, to: (a) Make a survey of and designate as historic landmarks, buildings, structures, sites and transportation systems which constitute the principal historical and architectural sites which are of local, regional, statewide or national significance. New York Laws 2281. (Ord. (4) Be accompanied by plans and specifications when required by the Bureau of Fire Prevention. Adoption of the budget shall constitute appropriation of the amounts specified therein as expenditures from the funds indicated. (b) Upon the payment of such license tax or fee as may be imposed by this article, or other ordinances, upon the City license for which application is made, the Clerk-Treasurer shall issue the license applied for; provided that the application is in proper form and that all requirements of State law, the Charter and other ordinances and all conditions precedent to the issuance of such license appear to have been complied with; and provided further, that applications for licenses which are required to be issued by Council shall be referred by the Clerk-Treasurer to Council at its next meeting succeeding the date of filing thereof, and the Clerk-Treasurer shall not issue such license until authorized to do so by Council, and in any such case the payment of any license tax or fee be deferred until such application has been approved by Council Replacement. VII, Sec. (Ord ) SIGNAGE. The Clerk~Treasurer shall have authority to bring legal action in the Wayne County Circuit Court to require payment of delinquent fees. "Cable operator" means any person or group of persons: (1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. (WVaC 17C-1-13) 301.O5 BUSINESS DISTRICT. 44 ARTICLE 103 Elections Voting by absentees. Art Bicycle Helmets. To ensure its commercial and residential customers maintained water service, the City of Kenova outsourced and purchased water in bulk from the City of Ashland, KY (via water line), the City of Lavalette, WV (through a bypass), and West Virginia American Water (via Ace Services trucks)13 to keep the clear well14 at the plant full.15. On all accounts not paid in full within twenty days of the billing date, ten percent (10%) shall be added to the net amount shown. SECTION 4.3 POWER TO CONDUCT INVESTIGATIONS. No passenger shall ride nor shall the operator permit any passenger to ride on the running boards of any motor vehicle while such vehicle is being operated on the streets or highways of this Municipality. Every camp area shall be kept clean and neat. The driver of a vehicle intending to turn at an intersection shall do so as provided in this article. The fee charged to the owner(s) of commercial property shall be three cents (3C) per square foot and shall be assessed on all buildings on the property, whether attached to the main structure or not. ARTICLE 31 1 Street Obstructions and Special Uses 311.O1 Placing injurious material Parades and assemblages. (Wac 17C-15-33) 1993 Replacement, 147 TRAFFIC CODE MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE. For the purposes of this subsection, "law enforcement officer" shall not include watchman, state police or college security personnel. Placing material in streets - see TRAF Loads dropping or leaking - see TRAF SHORT TITLE. The Mayor shall serve as a member concurrent with his term of office. (Ord ), 323 BUSINESS AND TAXATION CODE PENALTY. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap. The application shall give the location by street number and a legal description of the property on which the mobile home is located, the name and address of the owner of the mobile home and such other information as the Building Inspector may reasonably require. 7.3 Filing as a Candidate. Tenant or occupant, as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises alone or with others. (Ord ) 1995 Replacement. OFFICE OF THE MAYOR OFFICE OF THE MAYOR OFFICE OF THE MAYOR 4 Term - see CHTR. Each day any such violation continues shall constitute a separate offense. Rear-view mirror. Empty boxes, crates, containers and similar empty articles shall be broken down into a flat condition before being placed in a garbage can or dumpster container. Slow speed. (Supp. Child passenger safety device required. (Ord ) Replacement, 126 ARTICLE 341 Right of Way Right of way at intersections. For a second or subsequent offense under this subsection, such person is guilty of a misdemeanor, and shall be confined in jail for twenty-four hours, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). In such case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. 'I (0 "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities. No person shall unlawfully and intentionally make physical contact of an insulting or provoking nature with the person of another or unlawfully and intentionally cause physical harm to another person. Kenova Public Schools: Local area K-12 location and parent information. (WVaC ) POSSESSION OF MACHINE GUNS. Three members of Council shall constitute a quorum, and no business shall be transacted by Council in absence of such quorum. (c) Trailer Courts. However, no person charged with violating this section shall be convicted if such person produces in court or the office of the arresting officer a driver's license theretofore issued to such person and valid at the time of such person's arrest. (Wac 2-2-3) (d) Joint Authority. Such term also includes a human-powered vehicle, and any attachment to such vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way, but does not include a tricycle. (WVaC 17C-1-43) DRIVER. No owner or operator of any vehicle required to be inspected under West Virginia Code Article 17C-16 shall operate or permit to be operated such vehicle without having displayed thereon a current and valid certificate of inspection and approval or fail to produce same upon demand of any authorized person as therein designated. (a) (b) Availability of Service. (Ord ) DUTIES AND RESPONSIBILITIES. All dogs shall be vaccinated or revaccinated at least once each two years. & 43-12. Any custodian who violates the provisions of Section (d) shall be fined not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both. 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 grass thereon shall be kept trimmed to a height of not more than twelve inches. (a) No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. (1) For Class I service, there shall be a monthly charge of ten dollars ($10.00). (r) A warrant or indictment which charges or alleges an offense, prohibited by the provisions of this section, and which warrant or indictment uses any of the terms or phrases set forth in subsection (0) hereof, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against him. STATE OF OKLAHOMA. Such bids shall be opened in public and in the presence of at least three persons, including a representative from the Mayor and City Clerk's office at the time and place stated in the public notices. miles. A string popper which is a small tube containing not in excess of twenty-five hundredths of a grain of explosive mixture with string protruding from both ends. 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. maximum lights (see VEHICLE LIGHTS) loads (see VEHICLE LOADS) local streets, use parking (see PARKING) permit, special railroad crossing, moving across safety glass semitrailer defined slow-moving, lights State route, use towing requirements truck defined regulations width, maximum COMMERCIAL DRIVERS criminal offenses definitions 341.O1 employment exemptions operation penalty prohibitions CONFLICT OF INTEREST employee or officer, City Chtr. (c) No person shall place, deposit or discard or cause to be placed, deposited or discarded any of the articles mentioned in subsections (a) and (b) hereof, in any drainage structure such as an open ditch, gutter, catch basin, inlet or storm drain. building permit. Any motor vehicle may be operated under the conditions specified in Section when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in Section , or Section , provided that at no time shall it be operated at a speed in excess of twenty miles per hour. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF KENOVA THAT: WATER RATE SCHEDULES. (g) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Art Business Franchise Registration Tax. (WVaC 17C-8-10) PENALTY. (k) "-Licensed daycare center" means a facility licensed by the State of West Virginia, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for four (4) or more children under eighteen (18) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. (Ord ) HEARING BEFORE COMMISSION. 5.56.025 Permit; Alarm Business. "Truck" means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. Left turns on other than two-way roadways. (W Wac 17C-3-4b) PENALTY. (2) The purchase, sale, lease or transfer of property. The tax imposed by this article shall be in addition to all other licenses and taxes levied by this article and other City ordinances as a condition precedent to engaging in any business, trade and calling. Provided, in the event the animal is one as to which the rights of owners are determined by State law, such law shall be complied with. (WVaC 17C-1-35) (b) "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic THROUGH STREET OR THROUGH HIGHWAY. (Ord ) NOTICE CONTENTS; SERVICE. An identification number measuring one inch in height; C. An expiration date in numbers measuring one inch in height; and D. The seal or other identifying symbol of the issuing authority. (c) "State Building Code" means the entire contents of this article and the referenced national codes. Additional regulations for adult motels. In General Sec. Prohibited stopping, standing or parking places. A sexually oriented business may not be operated in the same building, structure or portion thereof, containing another sexually oriented business. "Motor homes" means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis. (a) Whoever violates Section shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both. The engineer member of the Board need not be a resident of said Municipality. No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. Proof that such notice was sent by the payee or holder shall be evidenced by presentation of a return receipt indicating that the notice was mailed to the drawer by certified mail, or, in the event the mailed notice was not received or was refused by the drawer, by presentation of the mailed notice itself. (c) For the purposes of this article, a "full-time" employee is an employee who works an average of at least forty (40) hours per week per annum, including paid leaves, and a "parttime" employee is an employee v\ ho works an average of less than forty (40) hours per week per annum. "Public place" does not mean or include any of the abovenamed places or any portion or portions thereof which qualify and are licensed under the provisions of West Virginia Code Chapter 60 or the Codified Ordinances to sell alcoholic liquors for consumption on the premises. Sec. Council shall meet in regular assembly on the third Thursday at the hour of 7:30 p.m. Council may assemble in special sessions at any date and hour whenever the press of business requires it. Any purchaser failing or refusing to pay the tax hereby imposed and levied and any seller or purchaser who violates any of the provisions hereof or any lawful rule and regulation promulgated hereunder shall be fined not more than one hundred dollars ($100.00). Private property owner's responsibility. Eff ) PAYMENT OF COSTS IN WORTHLESS CHECK CASES. (a) "Base Flood" means the flood which has been selected to serve as the basis upon which the flood plain management provisions of this article and other ordinances have been prepared; for purposes of this article, the 100-year flood. (2) "Special registration plate" means a registration plate that displays the international symbol of access in a color that contrasts with the background, in letters and numbers the same size as those on the plate, and which may be used in lieu of a regular registration plate Replacement, 179 79 Parking Generally (3) "Removable windshield placardn (permanent or temporary) means a twosided, hanger style placard measuring three inches by nine and one half inches, with all of the following on each side: A. Red alone or "stop": (1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone except as provided in subsection (c)(2) and (3) hereof. Shall serve as a member concurrent with his term of office include watchman, state police or college security.. 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