COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 138
(By Senator Dugan)
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[Originating in the Committee on the Judiciary;
reported March 5, 1998.]
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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 thirteen, relating to granting counties the authority to adopt ordinances prohibiting excessive noises; providing for penalties; and establishing effect of similar municipal ordinances.

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 thirteen, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS AND OFFICERS.
§7-1-13. Authority for creating ordinances prohibiting excessive noises.
In addition to all other powers and duties conferred by law upon county commissions, such commissions are hereby authorized, by order duly entered of record, to adopt an ordinance regulating or prohibiting excessive noise from any source. The ordinance may include provisions for criminal or civil sanctions. Any ordinance enacted pursuant to the provisions of this section providing for criminal sanctions shall provide for a misdemeanor offense punishable by no more than thirty days confinement in the county or regional jail, a fine of no more than one thousand dollars, or both: Provided, That whenever an ordinance enacted pursuant to this section is in conflict with the ordinance of any municipality within the county, the municipal ordinance shall prevail.
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(NOTE: The purpose of this bill is to authorize county commissioners to enact noise ordinances.

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