COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 138
(By Senator Dugan)
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[Originating in the Committee on the Judiciary;
reported March 5, 1998.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
thirteen, relating to granting counties the authority to
adopt ordinances prohibiting excessive noises; providing for
penalties; and establishing effect of similar municipal
ordinances.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS AND OFFICERS.
§7-1-13. Authority for creating ordinances prohibiting excessive
noises.
In addition to all other powers and duties conferred by law
upon county commissions, such commissions are hereby authorized,
by order duly entered of record, to adopt an ordinance regulating
or prohibiting excessive noise from any source. The ordinance
may include provisions for criminal or civil sanctions. Any
ordinance enacted pursuant to the provisions of this section
providing for criminal sanctions shall provide for a misdemeanor
offense punishable by no more than thirty days confinement in the
county or regional jail, a fine of no more than one thousand
dollars, or both:
Provided, That whenever an ordinance enacted
pursuant to this section is in conflict with the ordinance of any
municipality within the county, the municipal ordinance shall
prevail.
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(NOTE: The purpose of this bill is to authorize county
commissioners to enact noise ordinances.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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