Codified Ordinances of Harpers Ferry

1 Codified Ordinances of Harpers Ferry Codification as adopted 1 July 1990, with subsequent additions and revisions adopted by the Town Council of Harpers Ferry , west virginia . Latest revision: April 2018 Corporation of Harpers Ferry 1000 Washington Street PO Box 217 Harpers Ferry WV 25425 Telephone 304-535-2206 Codified Ordinances of Harpers Ferry PART ONE ADMINISTRATIVE CODE CHAPTER ONE General Provisions. Article 101. Codified Ordinances . Article 103. Elections. Article 105. Open Meetings. CHAPTER THREE Legislative. Article 111. Council. Article 113. Ordinances and Resolutions. CHAPTER FIVE Administrative. Article 121. Mayor. Article 123. Recorder. Article 125. Town Attorney. Article 126. ordinance Compliance Officer. Article 127. Police Department. Article 129. Fire Department. Article 130. Uniform Removal of Members of Commissions, Committees and Boards.

2 Article 131. Historic Landmarks Commission. Article 133. Planning Commission. Article 134. Board of Zoning Appeals. Article 135. Library Board of Directors. Article 137. Human Rights Commission. Article 138. Building Commission. Article 139. Employment Provisions. Article 140. Parks and Recreation Commission. CHAPTER SEVEN Judicial. Article 171. Municipal Court. PART THREE TRAFFIC CODE CHAPTER ONE Traffic. Article 301. Meaning of Words and Phrases; Definitions. Article 302. Administration. Article 303. Traffic Control Devices. Article 304. Accidents. Article 305. Driving Under the Influence; Reckless Driving. Article 306. Speed Restrictions. Article 307. Driving on Right; Passing. Article 308. Turning; Starting; Signals. Article 309. Right of Way. Article 310. Grade Crossings; Special Stops. Article 311. Safety and Equipment. Article 312. Vehicle Weights, Loads and Towing.

3 Article 313. Restrictions on Vehicle Operations. Article 314. Vehicle Registration; Driver s License. Article 315. Commercial Driver s License. INDEX Codified Ordinances of Harpers Ferry Article 316. All-Terrain Vehicles. Article 317. Pedestrians. Article 318. Bicycles. Article 319. Motorcycles. CHAPTER THREE Parking. Article 320. General Parking. PART FIVE GENERAL OFFENSES CODE Article 501. Administration and Law Enforcement. Article 505. Animals and Fowl. Article 507. Dogs. Article 509. Disorderly Conduct and Disturbance of Peace. Article 513. Gambling. Article 517. Indecency and Obscenity. Article 521. Liquor Control. Article 522. Substance Control. Article 525. Minors. Article 527. Noise. Article 529. Offenses Relating to Persons. Article 533. Offenses Relating to Property. Article 541. Railroads. Article 545. Weapons and Explosives. PART SEVEN BUSINESS AND TAXATION CODE CHAPTER ONE Business Regulations.

4 Article 705. Coin-operated Devices. CHAPTER THREE Taxes and Service Charges. Article 721. Intoxicating Liquor. Article 725. License Taxes. Article 731. Private Clubs. Article 735. Business and Occupation Tax. Article 736. Sales and Use Tax. Article 740. Reciprocal Exchange of Tax Information. Article 753. Room Occupancy Tax. Article 769. Wine Distributors and Retailers. PART NINE STREET, UTILITIES, AND PUBLIC SERVICE CODE Article 901. Water Commission. Article 905. Water. Article 907. Cross-Connection and Backflow Prevention Program. Article 909. Streets. Article 911. Electrical and Communications Utilities, Underground Regulations. INDEX Codified Ordinances of Harpers Ferry PART ELEVEN HEALTH AND SANITATION CODE Article 1104. Tree Conservation. Article 1109. Nuisances and Property Maintenance. PART THIRTEEN PROJECT AND ZONING CODE Article 1301. Authority.

5 Article 1302. Words, Terms and Phrases. Article 1303. Project Permits. Article 1304. Site Development Standards. Article 1310. Establishment of Zoning Districts and Zoning Map. Article 1311. Residential District; Uses. Article 1312. Business District; Uses. Article 1313. Promontory Overlay District. Article 1314. General Zoning Regulations. Article 1316. Signs. Article 1322. Nonconforming Provisions. Article 1324. Conditional Use Permit Approval Procedure. Article 1326. Variance Approval Procedure. Article 1328. Appeals. Article 1329. Amendments. Article 1330. Enforcement. Appendix A. Historic District Standards and Guidelines. Appendix B. Standards for Project Activities. PART FIFTEEN FIRE PREVENTION CODE Article 1505. Open Burning. PART SEVENTEEN BUILDING, LAND USE AND SUBDIVISION CODE CHAPTER ONE Building and Land Use Regulations. Article 1701. Authority. Article 1702.

6 Words, Terms and Phrases. Article 1709. Voluntary Proffers. Article 1711. Floodplain ordinance . Article 1713. Stormwater Management. CHAPTER TWO Subdivision Regulations. Article 1722. General Provisions. Article 1723. Procedures and Administration. Article 1724. Design Principles. Article 1725. Improvements. Article 1726. Plat Preparation and Approval Procedure. INDEX Codified Ordinances of Harpers Ferry INDEX Article 1727. Variations and Exceptions. Codified Ordinances of Harpers Ferry PART ONE ADMINISTRATIVE CODE PART ONE ADMINISTRATIVE CODE CHAPTER ONE General Provisions. CHAPTER THREE Legislative. CHAPTER FIVE Administrative. CHAPTER SEVEN Judicial. Codified Ordinances of Harpers Ferry PART ONE ADMINISTRATIVE CODE CHAPTER ONE General Provisions. Article 101. Codified Ordinances . Article 103. Elections. Article 105. Open Meetings. Codified Ordinances of Harpers Ferry ARTICLE 101 Codified Ordinances Designation; citation; headings.

7 General definitions. Rules of construction. Repeal of repealing act; effect of repeal. Construction of section references. Acts by agent or deputy. Conflicting provisions. Separability. General penalty. CROSS REFERENCES See sectional histories for similar State law. Maximum penalty permitted see WV Code 8-11-1, 8-12-5 (57) Authority to impose penalties see WV Code 8-11-1, 8-12-2 (11) Codification of Ordinances see WV Code 8-11-4 (b) Designation; citation; headings. (a) All Ordinances of a permanent and general nature of the Municipality as revised, recodified, rearranged, remembered and consolidated into component codes, chapters, articles and sections shall be known and designated as the Codified Ordinances of Harpers Ferry , west virginia , 1990, for which designation Codified Ordinances may be substituted. Code, chapter, article and section headings do not constitute any part of the law as contained in the Codified Ordinances .

8 (b) All references to codes, chapters, articles and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the Traffic Code . Sections may be referred to and cited by the designation Section followed by the number, such as Section . General definitions. As used in the Codified Ordinances , unless otherwise expressly provided or the context otherwise requires: (a) Council means the legislative authority of the Municipality. (b) County means Jefferson County, west virginia . (c) Land or lands and real estate or real property include lands, tenements and hereditaments, and all rights thereto and interest therein, except chattel interests. (d) Laws of the State includes the Constitution of the State and the Constitution of the United States, and treaties and laws made in pursuance thereof.

9 (WV Code 2-2-10.) (e) Municipality or Town means the Municipality of Harpers Ferry , west virginia . (f) Offense includes every act or omission for which a fine, forfeiture or punishment is imposed by law. (WV Code 2-2-10.) (g) Owner, when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property. (h) Person or whoever includes corporations, societies, associations and partnerships. (i) Personal estate or personal property includes goods, chattels, real and personal, money, credits, investments and evidence thereof. PART ONE ADMINISTRATIVE CODE Codified Ordinances of Harpers Ferry (j) Preceding, succeeding, or following used in reference to any section or sections of an article means next preceding, next succeeding or next following that in which such reference is made. (WV Code 2-2-10.) (k) Premises, as applied to property, includes land and building.

10 (l) Property or estate embraces both real and personal estate. (WV Code 2-2-10.) (m) 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. (n) Registered mail includes certified mail. (o) State means the State of west virginia or any department, division, commission, board, educational, or other institution of the State. (p) Street includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the Municipality. (q) Tenant or occupant, as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of a written or oral lease, or who actually occupies the whole or any part of such premises alone or with others. (r) Written or in writing includes any representation of words, letters or figures, whether by printing, engraving, writing, or otherwise.