COMMON ORDINANCES


 

Bill No. 7275 : A BILL to amend § 62-2, § 62-3, § 62-41, § 62-45, § 62-81, and § 62-182 of The Charleston Human Rights Ordinance, Chapter 62 of the code of the City of Charleston, to include sexual orientation as a classification protected from discrimination.

WHEREAS, the City of Charleston continues to strive to be an inclusive City, where people can live and work without fear of discrimination; and

WHEREAS, jurisdictions around the country are making a commitment to end discrimination based on sexual orientation; and

WHEREAS, businesses recognize the importance of providing a workplace free from fear and have included sexual orientation and gender identity in their employment nondiscrimination policies; and

WHEREAS, the City of Charleston wishes to maintain a competitive business environment by working with businesses to eliminate barriers to recruiting a talented workforce;

Now, therefore, be it Ordained by the Council of the City of Charleston, West Virginia:

 That § 62-2, § 62-3, § 62-41, § 62-45, § 62-81, and § 62-182 of The Charleston Human Rights Ordinance, Chapter 62 of the code of the City of Charleston, be amended to read as follows:

Sec. 62-2. Declaration of policy.

 (a)   Equal opportunity in the areas of employment, public accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or sexual orientation. Equal opportunity in the sale, lease, rental and financing of housing accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, handicap, familial status, or sexual orientation.

(b)   The denial of these rights of properly qualified persons is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.

(Bill No. 7040, 12-6-2004)

Sec. 62-3. Definitions.

When used in this chapter:

Age  means 40 or above. 

Chair  means the chair of the Charleston Human Rights Commission. 

Commission  means the Charleston Human Rights Commission. 

Discriminate   or  discrimination  means to exclude from, or fail or refuse to extend to, a person equal opportunities because of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, familial status, or sexual orientation and includes "to separate" or "segregate". 

Employee  shall not include any individual employed by his parents, spouse or child, or in the domestic service of any person. 

Employer  means any person employing 12 or more persons within the city and includes an agent of such person, and its agencies. Provided, that such terms shall not be taken, understood or construed to include a private club, which, in fact, is not open to the public. 

Employment agency  includes any person regularly undertaking with or without compensation to procure, recruit, refer or place employees. A newspaper engaged in the activity of advertising in the normal course of its business shall not be deemed to be an employment agency. 

Familial status  means one or more individuals (who have not attained the age of 18 years) being domiciled with: 

(1)   A parent or another person having legal custody of such individual or individuals; or

(2) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years. Nothing in this definition restricts advertisements of dwellings which are intended and operated for occupancy by older persons and which constitute housing for older persons.

Handicap  means a person who: 

(1)   Has a mental or physical impairment which substantially limits one or more of such person's major life activities; "major life activities" includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;

(2)   Has a record of such impairment; or

(3) Is regarded as having such an impairment.

For this purposes of this article "handicap" does not include persons whose current use of or addiction to alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reasons of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

For the purpose of this article, a person shall be considered to be blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is occasioned by a imitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.

Housing accommodations  means any building or portion thereof which is used or intended for use as the residence or sleeping place of one or more persons. Nothing contained in this definition or this article shall apply to the rental of a room or rooms in a rooming house occupied by the owner as a place of residence and containing no more than four rented rooms, or rooms to be rented. 

Labor organization  includes any organization which exists for the purpose, in whole or in part, for collective bargaining or for dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment. 

Person  means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. 

Owner  shall include the owner, lessee, sublessee, assignee, manager, agents or other person having the right to sell, rent or lease any housing accommodation or real property within the city or any agent of any of these. 

Place of public accommodations   means any establishment or person, as defined herein, including the city and any of its affiliated boards and commissions, or any political or civil subdivision thereof, which offers its services, goods, facilities or accommodations to the general public, but does not include any accommodations which are in their nature private. 

Purchaser  includes any occupant, prospective occupant, lessee, prospective lessee, renter, prospective renter, buyer or prospective buyer. 

Real estate broker   includes any person, firm or corporation who, for a fee, commission or other valuable consideration, or by reason of a promise or reasonable expectation thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use of real estate or solicits for a prospective purchaser, or assists or desists in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate, or negotiates, offers or attempts or agrees to negotiate a loan secured or to be secured by mortgage or other encumbrance upon transfer of any real estate for others, or any person who, for pecuniary gain or expectation of pecuniary gain, conducts a public or private competitive sale of lands or any interest in lands. In the sale of lots, the term "real estate broker" also includes any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange of any such lot or parcel of real estate. A newspaper engaged in the activity of advertising in the normal course of its business shall not be deemed to be a real estate broker. 

Real estate salesman   includes any person who, for compensation, valuable consideration or commission, or other thing of value, or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of real estate broker to sell, buy or offer to buy or negotiate the purchase, sale or exchange of real state, offers or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate for others, or to collect rents for the use of real estate, or to solicit for prospective purchasers or lessees of real estate, or who is employed by a licensed real estate broker to sell or offer to sell lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell real estate, or any parts thereof, in lots or other parcels. 

Real property   includes real estate, lands, leaseholds, commercial or industrial buildings and any vacant land offered for sale or rent on which the construction of a housing accommodation, commercial or industrial building is intended, and any land operated as a trailer camp or rented or leased for the use, parking or storage of mobile homes or house trailers. 

Rooming house  means a house or building where there is one or more bedrooms which the proprietor can spare for the purpose of giving lodgings to such persons as he chooses to receive. 

Sexual Orientation means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, appearance, or behavior of an individual, with or without regard to the individual’s assigned sex at birth.

Unlawful discriminatory practices  includes only those practices specified in section 62-81. 

(Bill No. 7040, 12-6-2004)

Secs. 62-4--62-40. Reserved.

Sec. 62-41. Powers and objectives.

The commission shall encourage and endeavor to bring about mutual understanding and respect among all racial, religious and ethnic groups within the city; and shall strive to eliminate all discrimination in employment and places of public accommodations by virtue of race, religion, color, national origin, ancestry, sex, age, blindness­, handicap, or sexual orientation and shall strive to eliminate all discrimination in the sale, purchase, lease, rental or financing of housing and other real property by virtue of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, sexual orientation or familial status.

(Bill No. 7040, 12-6-2004)

Sec. 62-45. Powers; functions; services.

The commission is authorized and empowered to:

(1)   Cooperate and work with federal, state, and local government officers, units, activities and agencies in the promotion and attainment of more harmonious understanding and greater equality of rights between and among all racial, religious and ethnic groups in this city.

(2)   Enlist the cooperation of racial, religious and ethnic units, community and civic organizations, industrial and labor organizations and other identifiable groups of the city in programs and campaigns devoted to the advancement of tolerance, understanding and the equal protection of the laws for all groups and peoples.

(3)   Receive, investigate and pass upon complaints alleging discrimination in employment or places of public accommodations, because of race, religion, color, national origin, ancestry, handicap, sex, blindness, sexual orientation or age, and complaints alleging discrimination in the sale, purchase, lease, rental and financing of housing accommodations or real property because of race, religion, color, sex, age, handicap, national origin, blindness, familial status, sexual orientation or ancestry, and to initiate its own consideration of any situations, circumstances or problems, including therein any racial, religious or ethnic group tensions, prejudice, disorder or discrimination reported or existing within the city relating to employment, places of public accommodations, housing accommodations and real property.

(4)   Hold and conduct public or private hearings on complaints, matters and questions before the commission and, in connection therewith, relating to discrimination in employment or places of public accommodations, housing accommodations or real property during the investigation of any formal complaint before the commission relating to employment, places of public accommodations, housing accommodations or real property to:

a.   Issue cease and desist orders against any person found, after a public or private hearing, to have violated the provisions of this article or the rules and regulations of the commission.

b.   Apply to the Circuit Court of Kanawha County to issue subpoenas and subpoenas duces tecum upon the concurrence of at least five members of the commission; administer oaths and take the testimony of any person under oath; and make reimbursement for travel and other reasonable and necessary expenses in connection with such attendance;

c.   Furnish copies of hearing records to parties involved therein upon their payment of the reasonable costs thereof to the commission;

d.   Enter into conciliation agreements on behalf of the city;

e.   Apply to a court of competent jurisdiction for enforcement of any conciliation agreement or consent order by seeking specific performance of such agreement or consent order, on behalf of the city;

f.   Apply to any court of competent jurisdiction, or any federal, state or local agency, for injunctive or other relief, on behalf of the city, in any matters falling within the scope of the commission's functions, upon the concurrence of four members of the commission.

(5)   Recommend to the mayor and council policies, procedures, practices and legislation in matters and questions affecting human relations.

(6)   To prepare a written report on its work, functions and services for each year ending on June 30 and to deliver copies thereof to the mayor on or before December 1 next thereafter.

(7)   To do all other acts and deeds necessary and proper to carry out and accomplish effectively the objectives, functions and services contemplated by the provisions of this article, including the promulgation of rules and regulations implementing the powers and authority hereby vested in the commission.

(8)   To create such advisory agencies and conciliation councils within the City as in its judgment will aid in effectuating the purposes of this article; to study the problem of discrimination in all or specific fields or instances of discrimination because of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, sexual orientation or familial status; to foster, through community effort or otherwise, goodwill, cooperation and conciliation among the groups and elements of the population of the city and to make the recommendations to the commission for the development of policies and procedures, and for programs of formal and informal education, which the commission may recommend to the appropriate city agency. Such advisory agency and conciliation councils shall be composed of representative residents serving without pay. The commission may itself make the studies and perform the acts authorized by this subsection. It may, by voluntary conferences with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination in all stated fields and to foster goodwill and cooperation among all elements of the population of the city.

(9)   Accept contributions from any person to assist in the effectuation of the purposes of this section and to seek and enlist the cooperation of private, charitable, religious, labor and civic and benevolent organizations for the purposes of this section.

(10)   Issue such publications and such results of investigation and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination; however, the identity of the parties involved shall not be disclosed.

(Bill No. 7040, 12-6-2004)

Secs. 62-46--62-80. Reserved.

Sec. 62-81. Unlawful discriminatory practices.

It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification.

(1)   For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment on the basis of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or sexual orientation. Provided, that it shall not be an unlawful discriminatory practice for an employer to observe the provisions of any bona fide pension, retirement, group or employee insurance or welfare benefit plan or system not adopted as a subterfuge to evade the provisions of this subsection (1).

(2)   For any employer, employment agency or labor organization, prior to the employment or admission to membership, to:

a.   Elicit any information or make or keep a record of or use any form of application or application blank containing questions or entries concerning the race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation of any applicant for employment or membership, except for such forms which shall be kept separate from the application blanks for the administration of any bona-fide affirmative action plan, that is in accordance with state and federal laws and regulations, or for the purpose of complying with any state or federal statute, or rule or regulation issued by any agency of the state or federal government, or for the purpose of making reports required by agencies of the state or federal government;

b.   Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation; or

c.   Deny or limit, through a quota system, employment or membership because of race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation.

(3)   For any labor organization because of race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation of any individual to deny full and equal membership rights to any individual or otherwise to discriminate against such individuals with respect to hire, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly related to employment.

(4)   For an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs to:

a.   Select individuals for an apprentice training program on any basis other than their qualifications as determined by objective criteria which permit review.

b.   Discriminate against any individual with respect to his right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, or other occupational training or retraining program.

c.   Discriminate against any individual in his pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs.

d.   Print or circulate or cause to be printed or circulated any statement, advertisement or publication; or to use any form of application for such programs; or to make any inquiry in connection with such program which expresses, directly or indirectly, discrimination or any intent to discriminate, unless based upon a bona fide occupational qualification.

(5)   For any employment agency to fail or refuse to classify properly, refer for employment, or otherwise to discriminate against any individual because of his race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation.

(6)   For any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodations to:

a.   Refuse, withhold from or deny to any individual because of his race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation, either directly or indirectly, any of the accommodations, advantages, facilities, privileges or services of such place of public accommodations.

b.   Publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities, privileges or services of such place shall be refused, withheld from or denied to any individual on account of race, religion, color, national origin, ancestry, handicap, sex, blindness, age, or sexual orientation, or that the patronage or custom thereat of any individual belonging to or purporting to be of any particular race, religion, color, national origin, ancestry, sex, age, or sexual orientation or who is blind or handicapped is unwelcome, objectionable, not acceptable, undesired or not solicited.

(7)   For any person, employer, employment agency, labor organization, owner, real estate broker, real estate salesman or financial institution to:

a.   Engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass or cause physical harm or economic loss, or to aid, abet, incite, compel or coerce any person to engage in any of the unlawful discriminatory practices defined in this section.

b.   Willfully obstruct or prevent any person from complying with the provisions of this article, or to resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of duty under this article.

c.   Engage in any form of reprisal or otherwise discriminate against any person who has opposed any practices or acts forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article.

(Bill No. 7040, 12-6-2004)

State law references:   Unlawful discriminatory practices, W. Va. Code § 5-11-9; housing discrimination, W. Va. Code § 5-11A-1 et seq. 

Sec. 62-182. Amendments to W. Va. Code, § 5-11A, "The West Virginia Fair Housing Act."

W. Va. Code, § 5-11A   is amended throughout by striking out the words "West Virginia Fair Housing Act" and inserting in lieu thereof the words "City of Charleston Fair Housing Act". 

W. Va. Code, § 5-11A   is amended throughout by striking out the words "Attorney General" and inserting in lieu thereof the words "Commission's Attorney". 

W. Va. Code, § 5-11A   is amended throughout by striking out the words "Administrative Law Judge" and inserting in lieu thereof the words "Hearing Examiner". 

W. Va. Code, § 5-11A-2   is amended by striking out the entire section and inserting in lieu thereof the following: 

Equal opportunity in the areas of employment and public accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness , sexual orientation or handicap. Equal opportunity in the sale, lease, rental and financing of housing accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, handicap, sexual orientation or familial status.

The denial of these rights of properly qualified persons is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.

W. Va. Code, § 5-11A-9   is amended on the second paragraph, line seven (7), following the words "held in the", by striking out the word "county" and inserting in lieu thereof the words "City of Charleston". 

W. Va. Code, § 5-11A-12   is amended by striking out the first paragraph and inserting in lieu thereof the following: 

The commission may request the Kanawha County Circuit Court to issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the Kanawha County Circuit Court.

W. Va. Code, § 5-11A-17   is amended following the words "published in the" by striking out the words "state register" and inserting in lieu thereof the words "city clerk's office." 

W. Va. Code, § 5-11A-20   is amended on the last sentence by striking out the following: 

The commission shall comply with article three, chapter twenty-nine-a of this code when promulgating rules.

(Bill No. 7040, 12-6-2004)

Section 13-17. Regulation of time of day and area during which garbage or refuse may be collected from residential districts and surrounding areas.

No person shall collect any garbage or refuse from any residential district as defined by current zoning regulations or within two hundred feet therefrom, in the city, between the hours of 9:00 p.m. and 6:00 a.m., it being the finding of the city council that such collections during the prohibited hours would disturb the peace, good order and quiet of such residential districts.

Section 18-1.1 Advertisements, handbills, signs, etc.

No person shall stick, print, stamp, attach, hang or suspend upon any public building, traffic sign, street market or upon any pole or upon any telephone, telegraph or other poles belonging to the city or to electric, telephone, telegraph or other companies, or upon any street or sidewalk, pavement or any other public place, any printed, written, painted or other advertisement, bill, notice, political poster or advertisement, or any other sign or poster.

No papers, handbills, cards, circulars, political advertisements or advertising matter of any kind shall be thrown, pushed, cast, deposited, dropped, scattered or left in or upon any street, sidewalk, or other public place, or upon any vacant lot or premises within the city, if it is likely that the material might be scattered by the wind upon the streets or public place with the city; provided that the provisions of this section shall not prevent the delivering of newspapers within the city.

No structure of any kind to be used as a sign or advertising of any sort shall be built, placed, erected, hung, or left in or upon any street, sidewalk or other public place, except such as may lawfully be allowed under the laws of the city.

Any business or commercial establishment, or any individual or organization whose handbills, signs and advertisements are in violation of this section shall be prima facie responsible for such violation and subject to penalty therefor.

The director of Parks and Recreation or his authorized agents are hereby directed to remove any signs found within the corporate limits of the City posed in violation of the provisions of this section.

Sec. 18-23. False alarms and reports

(a) No person shall knowingly give or cause to given any false alarm of fire.

(b) No person shall knowingly give or cause to be given any false alarm of explosion or impending danger of explosion.

(c) No person shall knowingly give or cause to be given any false alarm of the need for police protection, assistance or investigation, or any false report to the police department.

(d) No person shall knowingly give or cause to be given any false alarm of the need for an ambulance or medical assistance.

(e) No person shall knowingly give or cause to be given to the Charleston-Kanawha emergency services department, or to representatives of the press, radio or television, any false report of catastrophe or impending catastrophe. (Code 1957, pt. 5, art. 29, § 5.)

For state law as to false alarm of fire and penalty for violation, see W.Va. Code, § 29-3-21. As to false reports concerning
bombs or other explosive devices, and penalty for violation, see W.Va. Code, § 61-6-17.

As to the making of a false request for emergency ambulance service with intent to deceive, see § 11-8 of this Code
 

Sec. 18-18. Disorderly conduct – Generally.

(a) It shall be unlawful and shall constitute disorderly conduct for any person to:

(1) Act in a violent or tumultuous manner toward another whereby public property or property of any other person is placed in danger of being destroyed or damaged;

(2) Cause, provoke or engage in any fight, brawl or riotous conduct as to endanger the life, limb, health or property of another or public property;

(3) Use fight-provoking words directed towards any person who becomes outraged and thus creates turmoil;

(4) Assemble or congregate with another or others for the purpose of doing bodily harm to another;

(5) By acts of violence, interfere with another’s pursuit of a lawful occupation; or

(6) Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other persons having authority.
 

Sec. 18-22. Drunkeness, etc., in public place; drinking or possession of alcoholic beverages in public; sale and use of non-intoxicating beer or other alcoholic beverages, etc.; penalties.

(a) It shall be unlawful for any person to appear in a public place while under the influence of an intoxicating liquor, marijuana or other drugs or narcotics, in such a condition as to be unable to exercise care for his own safety or the safety of others.

(b) It shall be unlawful to serve drinks or possess open or unsealed containers of alcoholic liquor, beer, wine or any other alcoholic beverage or nonintoxicating beer in any public place in the city except as otherwise provided by law and authorized in writing by the chief of police.

(c) It shall be unlawful for any person to inhale any natural, artificial or pharmaceutical substance including model glue, gasoline or paint whether gaseous, liquid or solid, the fumes of which when inhaled by a human being cause a condition of or induce or produce systems of intoxication or other irrational behavior or distort or disturb the audio, visual or mental process.

(d) It shall be unlawful for any person, licensee, his or its servants, agents or employees to sell, furnish or give any intoxicating beer or intoxicating liquor to any person under the age of twenty-one years.

(e) It shall be unlawful for any person over the age of twenty-one to buy for or give to or supply in any manner nonintoxicating beer or intoxicating liquor to a person under the age of twenty-one.

Section 3-3. Prohibited drinking and prohibited possession.

It shall be unlawful for any person to:

(a) Drink alcoholic liquor in a public place.

(b) Drink alcoholic liquor in a motor vehicle upon any street, open space or in a public garage.

(c) Tender a drink or alcoholic liquor to another person in a public place, or any place mentioned in (b) above.

(d) Possess alcoholic liquor in an amount in excess of one gallon, in containers not bearing stamps or seals of the West Virginia liquor control commission, without having first obtained written authority therefore from that commission.

(e) Possess any alcoholic liquor which he knows or should know was manufactured or acquired in violation of the provisions of chapter 60 of the Code of West Virginia. (Code 1957, pt. 5, art. 25, §§ 3 to 5, 7.)

For corresponding provisions of state law, and penalties for violation, see W.Va. Code, § 60-6-9.

As to intoxicating liquor being prohibited in bowling alleys, billiard parlors and poolrooms, see § 6-26 of this Code. As to
drunkenness in public places, see § 18-22.

Sec. 18-44.3 Illegal possession of control substances.

(a) Possession of Controlled Substances

It is unlawful for any person knowingly or intentionally to possess a controlled substance, specifically a drug, substance or immediate precursor in Schedules I through V as set forth in Chapters 204, 206, 208, 210 and 212 of Article 2 of Chapter 60A of the West Virginia Code, as last amended, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized. Any person who violates this section is guilty of a misdemeanor and may be fined up to five hundred dollars ($500.00) and/or sentenced to thirty (30) days in jail. Provided, however, that notwithstanding any other provision of this act to the contrary, any first offense disposed of under Chapter 18-44.1 (e).

(b) Conditional Discharge for First Offense of Possession.

Whenever any person who has not previously been convicted of any offense under this Code or under any State statute or statute of the United States relating to narcotic drugs, marijuana, or stimulants, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under this section, the Court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place such persons on probation upon terms and conditions. Upon violation of a term or condition, the Court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the Court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purpose of this section or for purpose of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. The effect of such dismissal and discharge shall be to restore such person in contemplation of law to the status he occupied prior to such arrest and trial. No person as to whom such dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise giving a false statement by reason of his failure to disclose or acknowledge such arrest or trial in response to any inquiry made of him for any purpose. There may be only one discharge and dismissal under this section with respect to any person.

After a period of not less than six months which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this chapter, such person may apply to the Court for an order to expunge from all official records all recordings of his arrest, trial, and conviction, pursuant to this section.

Section 31-18. Toy vehicles on streets and sidewalks.

No person upon roller skates or riding in, on, or by means of any sled, skateboard, toy vehicle or similar device shall go upon any roadway or sidewalk, except while crossing a sidewalk, or a street on a crosswalk, and except upon streets and sidewalks set aside as play streets when and as authorized by the mayor. (Code 1957, pt. 5, art. 43, § 14; Ord. No. 769, 6-22-65.)

Section 18-46. Music playing in the streets.

(a) It shall be unlawful for any person to play any musical instrument upon a public street for gain, unless in a duly authorized procession, or to carry about the streets any hand organ, fiddle or other musical instrument for the purpose of playing music on any street, for gain.

(b) It shall be unlawful for any procession or any body of persons accompanied with music to march or pass through, or for any person to play on any musical instrument, on any street within one block of any house of worship on Sunday during the house of worship, nor shall it be lawful for any band of musicians to play in the streets for any procession on Sunday, other than a funeral, without a permit from the city manager or mayor. (Code 1957, pt. 5, art. 9, §§ 11,6.)


Section 18-47. Noise.

No person shall make, continue or cause to be made by the use of any horn, bell, radio or loud speaker, or by the operation of any instrument or device, any unreasonably loud, disturbing and unnecessary noise of such a character, intensity and duration as to disturb the peace and quiet of the community or to be detrimental to the life or health of any individual, and no person shall willfully conduct himself in a noisy, boisterous or other disorderly manner by either words or acts which disturb the good order and quiet of the community. (Code 1957, pt. 5, art. 9 § 9.)

For charter provisions as to authority of city council to regulate,
restrain or prohibit all noises or performances which may be indecent or annoying to persons, see Char., § 7.

For a case holding that noise alone may constitute a nuisance, depending on time, locality and degree, see Ritz v. Woman’s Club of Charleston, 114 W.Va. 675, 173 S.E. 564 (1934), Approved in Farley v. Graney, 146 W.Va. 22, 119 S.E. 2d 833 (1960).

As to the keeping of noisy fowl, see § 4-17 of this Code. As to the Keeping of a noisy cat, see § 4-19. As to the keeping of a noisy Dog, see § 4-36. As to zones of quiet, see § 31-75. As to horns and other sounding devices on vehicles, see § 31-147. As to sirens and exhaust whistles on vehicles, see § 31-148. As to cutoffs and mufflers and the racing of motors, see § 31-149. As to required quiet operation of motorcycles, see § 31-150. As to sound apparatus on vehicles, see § 31-158 et seq.

Sec. 4-27. License fees; expiration of licenses.

As of July 1, 1981, the license fee for a dog license shall be three dollars for each male, spayed female dog or unsprayed female dog. The license shall expire June 30 following the date of issue; provided, that the license fee mentioned shall not apply to dogs in a licenses kennel or veterinary hospital. (Code 1957, pt. 5, art. 11, § 3; Ord. No. 393, 9-8-59; Ord. No. 2840, 7-20-81.)
 

Section 4-28. Dogs to be confined and not permitted to roam at large; taking dogs on leash.

The owner of a dog or a person harboring or keeping a dog shall not allow such dog to roam at large in the city. The owner of a dog or the person harboring or keeping a dog shall confine such dog at the owner’s premises, or the premises of such person harboring or keeping such a dog. No person shall take any dog onto the streets, sidewalks or public places of the city unless the dog shall be upon a leash and under effective control. (Code 1957, pt. 5, art. 11, § 9; Ord. No. 995, 8-18-69, § 9.)
 

Section 4-28.1 Removal of dogs from public gatherings.

No person shall keep any dog at a public gathering after any humane officer or other officer of the law has determined that the presence or conduct of the dog may jeopardize the health, safety or welfare of any person attending the

Section 4-34. Keeping vicious dog.

No person shall own, keep or harbor any dog, known by him to be vicious, dangerous or in the habit of biting or attacking persons, whether or not such dog wears a tag or muzzle, and upon satisfactory proof that such dog is vicious, dangerous or in the habit of biting or attacking persons or other dogs or animals, the humane officer may cause such dog to be killed. (Code 1957, pt. 5, art. 11, § 10; Ord. No. 995, 8-18-69.)

Section 4-35. Muzzling dogs under proclamation by health commissioner.

Whenever it shall be made to appear to the health commissioner that there are good reasons for believing that any dog within the city is mad, he may issue a proclamation requiring that all dogs shall, for a period to be defined in the proclamation, wear good, substantial muzzles, securely put on, so as to prevent them from biting or snapping, and any dog going at large, during the period defined by the health commissioner, without such muzzle, shall be taken by the humane officer and impounded, as provided herein. (Code 1957, pt. 5, art. 11, § 11.)
 

Sec. 4-36. Keeping noisy dog.

No person shall own or keep within the city any dog which shall, by barking, howling, squalling, crying or in any other manner whatsoever disturb the comfort or quiet of any neighborhood. (Code 1957, pt. 5, art. 11, § 12.)


 

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