Enrolled Version - Final Version (2)
House Bill 3197 History
OTHER VERSIONS -
Enrolled Version - Final Version
hb3197 ENR 2
H. B. 3197
(By Delegates Fleischauer, Beach, Shook,
Marshall, Manchin, Talbott, Miley, Mahan, Caputo,
Fragale and Perdue)
[Amended and again passed May 27, 2009, as a result of the
objections of the Governor; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-12-16b, relating
to authorizing municipalities to appoint special litter
prevention officers by ordinance; and authorizing special
litter prevention officers to perform their duties as provided
for by ordinance.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §8-12-16b, to read as
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
§8-12-16b. Special litter prevention officers.
(a) A municipality that has adopted an anti-littering ordinance pursuant to section five of this article may provide, by ordinance,
for the appointment of special litter prevention officers to aid in
the enforcement of the municipal anti-littering ordinance.
(b) The ordinance enacted, pursuant to this section, must
specify the duties to be performed by the special litter prevention
officers and the required training such officers must undertake
prior to commencement of their duties.
(c) Notwithstanding any other provision of this code, a
special litter prevention officer may be presently employed by the
municipality in another capacity. In the performance of the duties
of special litter prevention officer, such officers shall be vested
with the power to issue a citation, issue a summons, and sign a
complaint. Such officers shall display at all times a badge or
other sign of authority issued by the municipality.
(d) The governing body of the municipality may require such
special litter prevention officers to give bond, payable to the
municipality, in its corporate name, with such sureties and such
penalties as the governing body may see fit, conditioned for the
faithful performance of their duties.