H. B. 4602
(By Delegates Schoen (By Request), Martin
and Paxton)
[Introduced February 185, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-6-1c, relating to
providing noise restrictions for residential areas outside
incorporated municipalities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-6-1c, to read as
follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-1c. Rural noise restrictions.
Any person who, in a residential area, subdivision or
neighborhood not located within an incorporated municipality,
disturbs the peace of others by violent, profane, indecent or
boisterous conduct or language or by the making of an unreasonably
loud noise that is intended to cause annoyance or alarm to another
person, or who, between nine p.m. and six a.m., makes an
unreasonably loud noise caused by an all-terrain vehicle, a motorcycle or any vehicle or device utilizing a two-stroke engine
and who persists in such conduct after being requested to desist by
a law-enforcement officer acting in his or her lawful capacity, is
guilty of disorderly conduct, a misdemeanor and, upon conviction
thereof, shall be committed to jail for twenty-four hours or fined
not more than one hundred dollars: Provided, That nothing in this
subsection prohibits the lawful and orderly public right to
demonstrate in support or protest of public policy issues.
NOTE: The purpose of this bill is to maintain the peace in
rural residential areas by providing for a public nuisance law for
residential areas outside incorporated municipalities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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