WVC 61 - 6 - 1 B
§61-6-1b. Disorderly conduct; penalty.
(a) Any person who, in a public place, any office or office
building of the state of West Virginia, or in the state capitol
complex, or on any other property owned, leased, occupied or
controlled by the state of West Virginia, a mobile home park, a
public parking area, a common area of an apartment building or
dormitory, or a common area of a privately owned commercial
shopping center, mall or other group of commercial retail
establishments, disturbs the peace of others by violent, profane,
indecent or boisterous conduct or language or by the making of
unreasonably loud noise that is intended to cause annoyance or
alarm to another person, and who persists in such conduct after
being requested to desist by a law-enforcement officer acting in
his lawful capacity, is guilty of disorderly conduct, a misdemeanor
and, upon conviction thereof, may be committed to the custody of
the division of corrections for twenty-four hours or fined not more
than one hundred dollars: Provided
, That nothing in this
subsection should be construed as a deterrence to the lawful and
orderly public right to demonstrate in support or protest of public
(b) For purposes of this section:
(1) "Mobile home park" means a privately owned residential
housing area or subdivision wherein the dwelling units are
comprised mainly of mobile homes and wherein the occupants of such
dwelling units share common elements for purposes of ingress and egress, parking, recreation and other like residential purposes.
(2) "Mobile home" means a moveable or portable unit, designed
and constructed to be towed on its own chassis (comprised of frame
and wheels) and designed to be connected to utilities for
year-round occupancy. The term includes: (A) Units containing
parts that may be folded, collapsed or telescoped when being towed
and that may be expanded to provide additional cubic capacity; and
(B) units composed of two or more separately towable components
designed to be joined into one integral unit capable of being
separated again into the components for repeated towing.
(3) "Public parking area" means an area, whether publicly or
privately owned or maintained, open to the use of the public for
parking motor vehicles.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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