H. B. 2663
(By Delegate Shook)
[Introduced February 19, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-16-5 of the Code of West Virginia,
1931, as amended, relating to expanding the power of municipal
parking authority officers to ticket for all parking
violations.
Be it enacted by the Legislature of West Virginia:
That §8-16-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. MUNICIPAL PUBLIC WORKS; REVENUE BOND FINANCING.
PART III. GENERAL POWERS AND AUTHORITY.
§8-16-5. Powers of board.
(a) The board shall have plenary power and authority to take
all steps and proceedings, and to make and enter into all contracts
or agreements necessary, appropriate, useful, convenient or
incidental to the performance of its duties and the execution of
its powers and authority under this article:
Provided, That any contract or agreement relating to the financing, or the
construction, reconstruction, establishment, acquisition,
improvement, renovation, extension, enlargement, increase,
equipment, operation or maintenance of any such works, and any
trust indenture with respect thereto as hereafter provided for,
shall be approved by the governing body or bodies.
(b) The board may employ engineers, architects, inspectors,
superintendents, managers, collectors, attorneys and such other
employees as in its judgment may be necessary in the execution of
its powers and duties, and may fix their compensation, all of whom
shall do such work as the board may direct. All compensation and
expenses incurred in carrying out the provisions of this article
shall be paid solely from funds provided under the authority of
this article, and the board shall not exercise or carry out any
power or authority herein given it so as to bind said board or any
municipality beyond the extent to which money shall have been, or
may be provided under the authority of this article.
(c) No contract or agreement with any contractor or
contractors for labor or materials, or both, exceeding in amount
the sum of $10,000 shall be made without advertising for bids,
which bids shall be publicly opened and an award made to the lowest
responsible bidder, with power and authority in the board to reject
any and all bids.
(d) After the construction, reconstruction, establishment, acquisition, renovation or equipment of any such works, the board
shall maintain, operate, manage and control the same, and may order
and complete any improvements, extensions, enlargements, increase
or repair (including replacements) of and to the works that the
board may consider expedient, if funds therefor be available, or
are made available, as provided in this article, and shall
establish rules for the use, maintenance and operation of the
works, and do all things necessary or expedient for the successful
operation thereof, and for stormwater systems and associated
stormwater management programs, those activities which include, but
are not limited to, stormwater and surface runoff water quality
improvement activities necessary to comply with all federal and
state requirements. All public ways or public works damaged or
destroyed by the board in carrying out its authority under this
article shall be restored or repaired by the board and placed in
their original condition, as nearly as practicable, if requested so
to do by proper authority, out of the funds provided under the
authority of this article.
(e) In the case of municipal parking authority boards, any
such board shall have the authority to employ parking meter
attendants who have the authority to issue citations for municipal
parking violations occurring in municipal parking lots, municipal
parking buildings, and also, for violations occurring as a result
of curbline parking by vehicles within municipal streets. It is to be understood that any such parking meter attendant is not
considered as a police officer subject to either the civil service
provisions set forth in section one, article fourteen, chapter
eight, et seq., of this code or the policemen's pension and relief
funds provisions contained within section one, article twenty-two,
chapter eight, et seq., of this code.
NOTE: The purpose of this bill is to grant parking meter
attendants the authority to ticket all parking violations not just
tickets for expired meters.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.