Senate Bill No. 403
(By Senators Ball, Dittmar, Hunter, Kessler, McCabe, Oliverio,
Redd, Schoonover, Snyder, Deem and McKenzie)
____________
[Originating in the Committee on the Judiciary;
reported February 2, 1999.]
____________
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 GENERALLY.
§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 a fine not to exceed two hundred fifty
dollars for a first offense and incarceration for not more than
thirty days or a fine not to exceed five hundred dollars, or
both,forboth, for second and subsequent offenses:
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.
________________
(Note: The purpose of this bill to authorize the county
commissions to enact ordinances regulating or prohibiting
excessive noises. The offense is a misdemeanor punishable by a
fine not to exceed $250.00 for a first offense and incarceration
for not more than 30 days or a fine not to exceed $500.00, or
both for second and subsequent offenses.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
Email
Webmaster | © 2024 West Virginia Legislature **
