H. B. 4319


(By Delegates Schadler and Evans)
[Introduced January 31, 2000; 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 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 GENERALLY.
§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 a fine not to exceed two hundred fifty dollars for a first offense and incarceration for not more than thirty days or a fine not to exceed five hundred dollars, or both, for second and subsequent offenses: 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.



NOTE: The purpose of this bill is to authorize county commissions to enact ordinances regulating or prohibiting excessive noises, and to authorize civil or criminal penalties for violations.

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