H. B. 4622
(By Delegates Linch, Warner and Cann)
[Introduced February 27, 1998; referred to the
Committee on Political Subdivisions then the
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
(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.