H. B. 4622


(By Delegates Linch, Warner and Cann)
[Introduced February 27, 1998; referred to the
Committee on Political Subdivisions then the Judiciary.]



A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-gg, relating to authorizing a county commission to enact ordinances on disturbance of the peace.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-gg, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3gg. Authority to enact ordinances against disturbance of the peace and public nuisance, definition.

(a) In addition to all other powers and duties now conferred by law upon county commissions, the commissions are hereby authorized and empowered to enact ordinances to protect their citizenry from disturbances of the peace and from the maintenance of public nuisances; and to provide penalties for the offenses and violations of ordinances provided in this section.
(b) For purposes of this section, the term "disturbance of the peace" means the commission of any act in such a manner as to unreasonably disturb or alarm the public, including, but not limited to, any malicious and willful disturbance of the peace or quiet of any neighborhood, family or person, by:
(1) Causing loud or unusual noise, or
(2) Engaging in tumultuous or offensive conduct, including unnecessarily loud, offensive or insulting language, or
(3) Threatening, quarreling, challenging to fight or fighting, or
(4) Interrupting any lawful assembly of people, or
(5) Maintaining a commercial establishment which is contrary to the peace or quiet of a neighborhood, family or person, or
(6) Maintaining farm animals or domesticated pets in such a way as to constitute a disturbance of the peace or quiet of a neighborhood, family or person.


NOTE: The purpose of this bill is to authorize county commissions to enact ordinances against disturbance of the peace; and to provide a definition of "disturbance of the peace."

This section is new; therefore, strike-throughs and underscoring have been omitted.