CHARTER AND CODE of BECKLEY, WEST VIRGINIA

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Adopted: February 11, 1986
Effective: February 11, 1986

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Published in 1985 by Order of the Common Council

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CURRENT OFFICIALS

OF THE

CITY OF BECKLEY

(2018)

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Robert R. Rappold	Mayor
Gary R. Sutphin	Recorder-Treasurer
William H. File III	City Attorney
Manuel M. Cartelle	Director of Housing and Community Development
Elmer H. Day, Jr.	Director of Human Rights Commission
Robert R. Robinson	Director of Board of Public Works/Street Commissioner
Luke Richmond	General Manager of Sanitary Board
Renda Morris	Director of Exhibition Mine
Kevin W. Taylor	Fire Chief
Timothy P. Deems	Police Chief
William E. Kelly	Director of IT Department
Robert L. Cannon	Chief Code Enforcement and Zoning Officer

 

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COMMON COUNCIL MEMBERS

Tom Sopher	Ward I
Ann W. Worley	Ward II
Frank Williams	Ward III
Kevin Price	Ward IV
Janine Bullock	Ward V
Tim R. Berry	At-Large
Sherrie A. Hunter	At-Large

 

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PREFACE

This Code constitutes a complete recodification of the ordinances of the City of a general and permanent nature.

Source materials used in the preparation of the Code were the 1971 Code, as supplemented through April 26, 1983, and ordinances subsequently adopted by the Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables appearing in the back of this volume, the reader can locate any section of the 1971 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 9 is numbered 9-1 and the fifth section of Chapter 11 is 11-5. Sections in articles subsequent to I are numbered with the hundred number corresponding to the article number. Section 5 in Article II of Chapter 9 would be section 9-204. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 2-404 and 2-405 is desired to be added, such new sections would be numbered 2-404.1, 2-404.2, and 2-404.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 4 and 5, it will be designated as Chapter 4.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Indices

The indices of the Code have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still other in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under direct supervision of A. Lawton Langford, President, and B. Meade White, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Mr. James A. Swart, City Attorney, for his cooperation and assistance during the progress of the work on this Code. It is hoped that his efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code for the City of Beckley; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein: Providing for the Manner of Amending and Supplementing Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be It Ordained by the Common Council of the City of Beckley, West Virginia:

Section 1.  The Code of the City of Beckley, West Virginia, consisting of Chapters 1 to 19, each inclusive, is hereby adopted and enacted as the "Code of the Ordinances, City of Beckley, West Virginia," which Code shall supersede all general and permanent ordinances of the City adopted on or before October 23, 1984, to the extent provided in section 2 hereof.

Section 2.  All provisions of the Code shall be in full force and effect from and after February 11, 1986, and all ordinances of a general and permanent nature of the City adopted on final passage on or before the date specified in section 1, and not included in the Code or recognized and continued in force by reference herein, are hereby repealed from and after the effective date of the Code.

Section 3.  The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4.  Unless another penalty is expressly provided, a violation of any provision of such Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished a fine of not more than one thousand dollars ($1,000.00) and/or imprisonment not exceeding thirty (30) days, as provided in section 1-8 of such Code.

Section 5.  Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the Council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include the additions and amendments.

Section 6.  In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance and in section 1-8 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 7.  All ordinances adopted after the date specified in Section 2, which amend or refer to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Section 8.  This ordinance and the Code adopted hereby shall become effective February 11, 1986.

Adopted by roll call vote as follows:

Ayes: 7       Nayes: 0       Absent and not voting: 0

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Mayor

Passed: February 11, 1986
Approved: February 11, 1986
Published: February 5, 1986

Attest:

   City Recorder-Treasurer