Upon every person engaging or continuing within this City in the business of selling any tangible property whatsoever, real or personal, including the sale of food and the services incident to the sale of food in hotels, restaurants, cafeterias, confectioneries and other public eating houses, except sales by any person engaging or continuing in the business of horticulture, agriculture or grazing, or of selling stocks, bonds or other evidences of indebtedness, there is likewise hereby levied, and shall be collected, a tax equivalent to three-tenths of one percent (.30%) of the gross income of the business, except that in the case of selling at wholesale the tax shall be equal to one and one-half tenths of one percent (. Art Alcoholic Beverages. (WVaC ) INDECENT EXPOSURE. No person shall assault the Chief of Police or other City police officer in the discharge of hislher official duty. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been established to provide local government to a population in a defined area. (c) Nothing in this section shall be construed as impairing the duly delegated power and authority of the Park Board in and about the matters of administration of the Park and its related facilities, including the boat ramp. (Wac 17C-8-7) SIGNALS BEFORE CHANGING COURSE. Vehicles in this class include, but are not limited to, fire fighters and rescue equipment: (1) Owned and operated by state, county and municipal fire departments. Nothing in this section, nor any rule or regulation of the Alcohol Beverage Control Commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of nonintoxicating beer. Possession of machine guns. Any amount in default shall become a debt due the City and may be recovered by the City in any appropriate action. If a hearing cannot be held within the next day, a release for the vehicle shall immediately be given upon the posting of a bond to cover the potential fine for the criminal charge which caused the towing and the execution of a promissory note in the amount of twenty-five dollars ($25.00). No more than three persons including the operator shall ride or be permitted by such operator to ride in the seat with the operator of any motor vehicle while such motor vehicle is being operated on the streets or highways of this Municipality: provided. II, 2.5-21 2.5-23, 2.5-23.1, 2.5-24 2.5-27, 2.5-28, in its entirety and enacted new provisions to read as herein set out. Modification of the front end suspension by the use of lift blocks is expressly prohibited. (c) Prima Facie Evidence of Sneed by Devices Emnloying Microwaves. (WVaC ) IMPERSONATING AN OFFICIAL OR LAW ENFORCEMENT OFFICER. SECTION 7.5 ELECTION DATES. (Ord ) Replacement, 123 ARTICLE 339 Turning and Starting; Signals Conformity with provisions required. or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Any employee who refuses or fails to wear their uniform as provided by the City shall be subject to disciplinary action by the City. A person convicted of shoplifting shall be punished as follows: (1 First offense conviction Upon a first shoplifting conviction: A. If a motor vehicle has a bumper, the bumper must be at least three inches in vertical width, centered on the center line of the motor vehicle and not less than the width of the wheel track distance. Kenosha is in the midst of opportunity, offering small town charm and a lakefront lifestyle, yet close to big city assets in Milwaukee and Chicago - both less than an hour away. (d) A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle. 'Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosive and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (a) No person shall kill, or cause to be killed, any rabid animal or any animal suspected of being rabid Replacement, 203 11 Does (b) No person shall remove aii~fbimm suspected of haviabeeit + rabies, or regarding any animal biting a human, no person shall remove the same from the City limits. Safety equipment for motorcyclists, motorcycles, motor-driven cycles and mopeds. Class D: industrial propertv. All the laws of the State, including but not limited to West Virginia Code Chapter 17C and all rules, regulations and orders made by the Public Service Commission, the State Road Commission, the Department of Motor Vehicles, the Department of Public Safety and the Superintendent of the Public Safety of the State or any one or more of them, insofar as such rules, regulations and orders may relate or apply to traffic upon the public streets and highways of incorporated villages, towns and cities, shall be deemed, held to be and are hereby made a part of this section and any violation of such rule, regulation or order shall be a violation of this section and constitute an offense. 7-8: Sec. Such motor vehicles may be lawfully towed on the streets and highways of this Municipality. 7.4 Voter Registration Records; Supplies and Devices; Poll Workers. which stands at least three feet in height. The name, street address (and mailing address if different) and West Virginia driver's license number of the intended operator; B. 700 B Street . ( c) "State Building Code" means the entire contents of this article and the referenced international codes CONFLICT Whenever there arises a conflict between the State Fire Code and the State Building Code, the State Fire Code shall take precedence. If vacancies occur simultaneously in both the offices of President and Vice President, Council shall select its officers from its membership by secret ballot. Rates are based on water usage. (WVaC 17C-2-5) APPLICATION TO PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRA WN VEHICLES. Littering from a motor vehicle. Eff ) 1995 Replacement, 57 ADMINISTRATIVE CODE COMPOSITION; CHAIRMAN; APPOINTMENT OF MEMBERS. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. Provisions of all other codes, ordinances and regulations shall be applicable insofar as they are consistent with the provisions of this article and the community's need to minimize the hazards and damage resulting from flooding. (a) "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (WVaC ) Public place includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement. references General definitions Acts by agent or deputy Rules of construction Conflicting provisions Repeal of repealing act; Separability. (c) Interest and penalties may be collected in the same manner as the tax imposed by this article. Railroad" means a carrier of persons or property, upon cars, other than streetcars, operated upon stationary rails. LEGISLATIVE PURPOSE AND INTENT. c., Chapter and Section of the Massachusetts General Laws CMR Code of Massachusetts Regulations The following out-of-state incidents are to be, 211 CMR: DIVISION OF INSURANCE 21 APPENDIX A: TRAFFIC LAW VIOLATIONS The following abbreviations are used in Appendix A: "M.G.L. (Ord ) PENALTY. 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. (a) Any person engaging in or prosecuting any business contrary to provisions of this article, whether without obtaining a business franchise registration certificate therefor before commencing the business, or by continuing the business after the termination of the effective period of such certificate shall, in addition to all other penalties provided in this article, be liable for the payment of all back taxes and penalties for a period not exceeding five years. Art Speed Restrictions. As soon as may be practicable following the appointment of a new member of the Sanitary Board, the Board shall hold an organizational meeting and choose a vice chairman from among its members, and a secretary and treasurer, who may be one person and need not be a Board member, and such officers shall hold office at the will of the Board. 2-76 An ordinance authorizing the Mayor to enter into an, CHAPTER VII ADMINISTRATIVE SERVICES Section 7.1 Administrative Officers Generally. VII, Sec. 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. Sec. Provided, however, that such tax shall not be collected on intoxicating liquors, other than wine sold by or purchased from holders of a license issued under the provisions of West Virginia Code Article Provided further, such tax shall be collected upon all sales of wine to holders of a license issued under the provisions of West Virginia Code Article 60-7 from a wine distributor licensed pursuant to the provisions of West Virginia Code Article 60-3 et seq. The business license fee levied shall be as follows for each location a person holds himself out to engage in or transact business therefrom. (d) In the trial of any person charged with a violation of any of the provisions of this section, testimony concerning the reputation or character of any house, place, building, hotel, tourist camp or other structure, and of the person or persons who reside in or frequent them, and of the defendant or defendants, shall be admissible in evidence in support of the charge. CROSS REFERENCES West Virginia Contractor Licensing Act - see W.Va. Code Art B. (Ord ) ESTABLISHMENT OF THE FLOOD PLAIN AREA. (c) Any permit may be revoked, if its terms are violated. No person shall, at any place, public or private, bet or wage money or other thing of value on any game of chance, or knowingly furnish any money or other thing of value to any other person to bet or wage on any such game. (WVaC 17C a) OPERATION OF VEHICLES WITH SAFETY BELTS. (WVaC 17C-1-47) TRAFFIC CONTROL SIGNAL. Whoever violates any provision of this subsection shall forfeit any sick leave pay for the period such employee fails or refuses to return to work and such employee shall be subject to disciplinary action by the City. (d) Notwithstanding any other provision of this Code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section. (d) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit andlor license as applicant. B. The Commission shall cooperate and coordinate its activities with the West Virginia Historical Society and the West Virginia Department of Culture and History, with the view of developing a unified program for the identification, study, preservation and protection of all historic buildings, structures, sites and transportation systems in the City. All funds under the supervision of the Sanitary Board shall be disbursed, as disbursements are required, by check drawn upon the proper fund or account, and such checks shall be properly signed by the authorized officer or agent of the Board. (e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a distance of at least 200 feet. (WVaC 17E- 1-6) Replacement, 172 TRAFFIC CODE 74D COMMERCIAL DRIVER'S LICENSE REQUIRED. 337 CODIFIED ORDINANCES OF KENOVA PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE Art Water and Sewer Charges. (b) The Arborist shall serve without compensation. Projecting loads on Towing requirements. The BOCA National Property Maintenance Code. Any person elected to any City office or any person appointed to any City board or commission under this Charter shall be a resident at the time elected or appointed and shall remain a resident of the City of Kenova during his or her respective tenure in office. Penalty. (b) For purposes of this section, "litter" means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. Issuance of permit and/or license. (Ord ; Subsection (0 repealed ) TAX CREDIT FOR INDUSTRIAL EXPANSION; REGULATIONS. Sec. (Ord ) CESSATION OF BUSINESS. Persons taxed pursuant to the provisions of this section shall not be taxed under Sections to inclusive. 84 ORDINANCE ENACTING ARTICLE 153 "PURCHASES OF GOODS AND SERVICES* OF THE CODIFIED ORDINANCES OF THE CITY OF KENOVA PURSUANT TO LAWFUL AUTHORITY VESTED IN THE MUNICIPALITY KNOWN AS "THE CITY OF KENOVA," BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF KENOVA THAT: ARTICLE 153 PURCHASES OF GOODS AND SERVICES PURCHASES BY CITY The Mayor or other duly authorized representative of the City shall make all purchases of supplies, materials, equipment and services as authorized by Council in the manner prescribed by this section and subject to any limitations imposed by the City Charter and general law COMPETITIVE BIDDING-TERMS AND CONDITIONS The following terms, conditions, and procedures shall be followed by the City in the procurement of goods and services: (a) Any capital expenditures, repairs, professional services or contracts for supplies costing more than one thousand dollars ($1,000.00) or any series of capital improvements, repairs, professional services or contracts for supplies constituting essentially a single project and costing in the aggregate more than one thousand dollars ($1,000.00), shall be executed by written contract except where such expenditure is authorized by Council to be executed directly by the Mayor in conformity with detailed plans, specifications and estimates. 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