Ordinances
The Council having under consideration the matter of street and highway for the village and agreement with Monongahela Power Company relating to the same
WHEREAS, the Village of Beech Bottom is desirous of adopting an Ordinance providing better service and protection to the citizens of this Village and promotion their well-being and health, and protecting their property, and providing for a method of disposal of garbage and other accumulation of garbage, rubbish, and other unsanitary, unsightly, and deleterious waste substances and the improper disposal, and to provide penalties therefore:
The Common Council of the Village of Beech Bottom shall consist of the Elected Mayor, Elected Recorder, and Elected Councilpersons. Any person properly appointed to fill a declared vacancy that occurs in one of the aforementioned elected positions, for the purpose of this ordinance shall be considered elected to said position.
SECTION 1. It shall be unlawful for any person to commit or perpetrate any indecent, immodest, lewd or filthy act, by works or action, in any street or any other public place.
Whereas, Ordinance #5, wherein the powers and duties of the mayor are defined, was originally enacted by the Village Council of the Village of Beech Bottom on April 26, 1954; Whereas, West Virginia Code § 8-10-1, provides the general authority granted to a mayor of a municipal corporation;
After the effective date of this section, pursuant to West Virginia Code 8-13-7, there is hereby imposed a tax of five percent (5%) of the retail purchase price of any and all intoxicating liquors purchased from the Alcohol Beverage Control Commissioner or from any person licensed to sell wine at retail to the public under the provision of West Virginia Code Article 60-8, within the corporate boundaries of the Village of Beech Bottom.
The purpose of this article is to impose a municipal business and occupation tax pursuant to West Virginia Code § 8-13-5 to the fullest extent allowable under the operative laws of the State of West Virginia and the United States unless a more restrictive application is required by an express limitation set forth in this article.
This ordinance amended to follow the State Code of WV concerning elections.
That on the 26th day of April, 1956, this resolution was passed authorizing the construction of an eight inch sewer, commencing at the North end of a fifteen-inch sewer on Park Avenue, as shown on the Plat of Beech Bottom, and running from said corner along Alley A
Be it ordained by the Council of the Village of Beech Bottom that there is hereby created a Village Water Board composed of five (5) Water Board members who shall be residents of the Village of Beech Bottom, Said Village Water Board shall, subject to the following rules and regulations, have the control, supervision and management of the Village Water Works and running the same of the reservoir, engine well, pipes, repairs, improvements, and additions thereto, and of the supply of water to the consumers, for such compensation as any be fixed in pursuance of these rules and regulations;
No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highways in compliance with legal requirements and the duty of all persons to use due care.
12.1.1 No person shall stop or park or leave standing any vehicle whether attended or unattended upon the paved or main traveled part of the East side of High Street between First and Second Street.
Be it ordained by the Common Council of the Village of Beech Bottom that the sole responsibility for the keeping sidewalks clear of ice and snow shall be the obligation of the abutting property owner or tenant.
14.1.1 The provisions of this article shall apply to the outdoor burning of materials, the placement of outdoor home heating devices, and the use of fire pits and campfires within the Village of Beech Bottom
Be it ordained by the Common Council of the Village of Beech Bottom, that no person or persons shall willfully, maliciously, wantonly, negligently, or otherwise injure, deface, destroy or remove real property or improvements thereto or movable personal property belonging to the Village of Beech Bottom or to which said Village has an interest or right.
Whereas by Federal and State Statute, all cities, towns and villages located on the Ohio River) its tributaries, etc. have been ordered to establish Sewerage Treatment Plants for untreated waste being deposited in said Ohio River and it’s Tributaries, and ; Whereas, it is desire of the village of Beech Bottom to establish a Sewerage Treatment Plant and the necessary sewerage facilities for said plant,
Be it ordained by the Common Council of the Village of Beech Bottom that it shall be unlawful for any person to litter paper, trash, or refuse of any nature on property now owned or hereby after acquired by the Village of Beech Bottom.
Be it ordained by the Common Council of the Village of Beech Bottom, that it shall be unlawful for any person, persons, corporation, or organization to solicit funds by going door to door in the Village of Beech Bottom, whether for charitable, patriotic, philanthropic purposes, or by the sale of any merchandise or service by door to door canvas without first obtaining a permit from the Village of Beech Bottom during regular business hours of the Village.
Be it ordained by the Council of the Village of Beech Bottom that it shall be unlawful for any property owner or resident to permit real estate with in the Corporate Limits of the Village of Beech Bottom to permit growth of any sort, which appears unsightly on the real estate.
ELECTED OFFICIAL – any individual that currently holds the position (not including honorary or emeritus designation) of Mayor, Vice-Mayor, Recorder, or one of the five (5) at large members of the Common Council of the Village of Beech Bottom.
Whereas it is the desire of the common council of the Village of Beech Bottom to obtain for the citizens of Beech Bottom an opportunity to participate in expanded television reception:
In the matter of the Petition of Wiley S. Mumper, Vaughan Augustine and the Wheeling Steel corporation, a corporation, vacating and abandoning that certain portion of Alley “a” located in the Village of Beech Bottom, Buffalo district, Brooke county, West Virginia, and in more particularly described as follows:
Be it ordained by the Common Council of the Village of Beech Bottom, that no person or persons including any corporate entity shall leave any unlicensed motor vehicle of any kind or parts thereof upon any street, alley, or highway within the Village of Beech Bottom.
Be it ordained by the Council of the Village of Beech Bottom that it shall be unlawful for any minor under the age of sixteen years to loiter, idle, wander, stroll, or play in or upon the Pulic streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds
Be it ordained by the Common Council of the Village of Beech Bottom that it shall be unlawful for any person or persons to consume whiskey, wine, beer, and/or any other alcoholic beverage while in a motor vehicle, or in body or bodies, on the streets, playgrounds, alleys, or any other property owned by the Village. This ordinance includes property located within the corporate limits of the Village of Beech Bottom.
Be it ordained by the Common Council of the Village of Beech Bottom that the street known as Second Street (2nd Street) be made one-way, East to West beginning at its Eastern most point at the intersection with County Route 28, and ending at its Westernmost point at the intersection with Park Avenue.
Be it ordained by the Village Council of the Village of Beech Bottom located in Brooke County in the State of West Virginia, that it is unlawful to park a vehicle in this alley, or use this alley for the congregation of vehicles
The miscellaneous charge was originally enacted in 1975. The miscellaneous charge was only one dollar ($1.00). The purpose of this charge was to cover certain expenses associated with the maintenance and operation of the Village. As the miscellaneous charge is necessary and proper for said activities and the costs associated with these activities have increased, the Village Council deems it necessary to raise the miscellaneous charge.
Be it ordained by the council of the Village of Beech Bottom that it shall be unlawful for any person to allow, suffer or permit any dog or cat owned, harbored, or kept in their possession or about their premises within the Village, whether licensed or unlicensed, tagged or untagged, muzzled or unmuzzled, collared or uncollared, to run at large of their premises at any time or to trespass upon any enclosed or unenclosed lands or lots of ground of another person or entity at any time: provided that nothing contained herein shall be construed to prohibit any person to lead, walk, or exercise their dog or cat when properly licensed and tagged upon public property of the Village.
Be it ordained by the Council of the Village of Beech Bottom, that it shall be unlawful for any person to own, keep or harbor any dog owned by such person, or which in the exercise of due diligence should be known, licensed or unlicensed to bark for sustained frequent periods of time in disturbance of the peace.
Whereas, the Village of Beech Bottom is a Municipal Corporation located within the confines of Brooke County, West Virginia, and; Whereas, the said Village is without treatment facilities and adequate collection facilities for the collection, treatment, purification and disposal of liquid or solid waste sewage or industrial waste;
This ordinance applies to the construction of, demolition of, repairs to, structural property located in the corporate limits of the Village of Beech Bottom. This ordinance does not create a permit or permitting process for work that would constitute landscaping as defined in section 32-6. Any construction, repair, and/or demolition exceeding $10,000 will require a building permit be obtained prior to work taking place on the same.
An Ordinance imposing and levying a tax on the privilege of purchasing, using or consuming public utility services of tangible personal property supplied by public utilities
35.1.1 The provisions of this article shall apply to any corporation, partnership, and sole-proprietorship (hereby after referred to as ‘business’) either physically located in, and/or doing business in the Village of Beech Bottom (hereafter referred to as ‘Village’) unless otherwise specified in this ordinance
WHEREAS, SEXUALLY ORIENTED BUSINESSES REQUIRE SPECIAL SUPERVISION IN ORDER TO PROTECT AND PRESERVE THE HEALTH, SAFETY, AND WELFARE OF THE PATRONS OF SUCH BUSINESSES AS WELL AS THE CITIZENS OF THE COMMUNITIES WHERE THEY LOCATE
Be it ordained by the Common Council of the Village of Beech Bottom, that the riding, operation, or other use of all-terrain vehicles for transportation or recreational purposes or motor vehicles which have not been licensed for street use by the West Virginia Department of Motor Vehicles, within or upon the streets, alleys, sidewalks, parking lots, and any realty owned, leased, or controlled by the Village of Beech Bottom.
WHEREAS, the Village of Beech Bottom is desirous to repeal Ordinance 40 related to billboards and signs;
(a) No person shall expectorate or spit upon walls, floors or steps, or other walkways or approach to any hotel, corridor, hotel office, restaurant or eating place, public hall, bank, public building, school house, post office, public office, assemble room, public conveyance, or upon any sidewalk, street, lane, alley in the Village of Beech Bottom.
The Municipality agrees to participate in the WVML Municipal Revenue Enhancement Program (the “Program”) as a Participating Municipality. The Municipality adopts and agrees to be subject to all of the Program’s terms and conditions promulgated from time to time by the West Virginia Municipal League, Inc.
Be it ordained by the Common Council of the Village of Beech Bottom, that no person may with the intent to defraud, steal, procure, make or cause to be made, any pipe, tube and connect the same, or cause it to be connected with any main, service pipe or other pipe for conducting or supplying water,
WATER RATE ORDINANCE
No person within the Village of Beech Bottom shall possess any of the following items: 1.) Abandoned household appliance 2.) Abandoned motor vehicle 3.) Inoperative household appliance 4.) Junked motor vehicle
No person shall play any radio, music player, boom box, tape cassette, disc player, television, audio system, musical instrument, or any other type of sound device or service upon any Village road, street, alley, sidewalk, highway or private property in the Village of Beech Bottom in such a manner, or at a volume, which disturbs the quiet, comfort, or repose of other persons. An exception is hereby made for organized private events, which have received a valid permit from the Village of Beech Bottom, and, as well, any public community events held and/or sponsored by the Village of Beech Bottom.
Be it ordained by the Common Council of the Village of Beech Bottom that all of the provisions and requirements of West Virginia Code 2016 edition Chapters 17A, 17B, 17C, 17D, 20, 60, and 61 in regard to traffic regulations and laws of the road, Natural Resources, and Crimes against Government, Person, Property, or amendments or additions thereto, insofar as such provisions and requirements can have application within the Village of Beech Bottom, are hereby adopted and made part of hereof, provided that local regulations or ordinances shall not be affected by the adoption of State Law under this section. No person shall fail, neglect, or refuse to comply with provisions and requirements adopted herein.
49.1.1 The Village has determined that an abandoned and/or dilapidated building may present a fire hazard, may provide temporary occupancy by transients (including drug users and traffickers), may detract from private and/or public efforts to rehabilitate or maintain surrounding buildings, and that the health, safety, and welfare of the public is served by the regulation of said buildings.
The Chief of Police of the Village of Beech Bottom shall serve as the Village Health Officer. Should there be no Chief of Police, the Mayor shall serve as the Village Health Officer.
To protect the public potable water supply served by Village of Beech Bottom Water System from the possibility of contamination or pollution by isolating, within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.
No person shall knowingly make, obtain, posses, or use any instruments, article, or thing that has the customary and/or primary purpose of the administration or use of an illegal drug, whether or not of crude or extemporized manufacture or assembly.
Whereas, the Village of Beech Bottom feels that it is necessary and proper to acquire certain parcels of property, including the following: 3 Blue Jay Way; 20 View Ave.; a 0.019 acre piece of property located at the 3.8 mile marker on Route 2; and property located under the pump houses purchased from Frank Brownlee.
In the interest of promoting a safe environment for all visitors of all ages in municipal recreation areas, it is ordained by the Common Council of the Village of Beech Bottom, that the prohibitions outlined in Section 2 of this ordinance shall be applicable to all municipal recreation areas within the corporate limits of the Village of Beech Bottom.
No person, firm, or legal entity of any kind shall discharge Aerial Fireworks within the Village of Beech Bottom without obtaining a permit from Village Council. a. The Village Council shall establish policies and procedures for obtaining of a permit to discharge Aerial Fireworks.