H. B. 3197
(By Delegates Fleischauer, Beach, Shook,
Marshall, Manchin, Talbott, Miley, Mahan, Caputo,
Fragale and Perdue)
[Introduced March 18, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL 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 permit nonpolice officers to
issue citations for littering.
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
follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES.
§8-12-16b. Special litter prevention officers.
Every municipality that has adopted an anti-litter ordinance
pursuant to section five of this article shall have plenary power
and authority to provide by ordinance for the appointment of
special litter prevention officers, whose duties include the
enforcement of municipal anti-littering ordinances. Notwithstanding any other provision of this code, those officers
may also be assigned to perform other duties or be presently
employed by the municipality in another capacity and have these
additional duties assigned to him or her. In the performance of
these duties, such special litter prevention officers shall be
vested with the power to issue citations, issue summonses and sign
complaints. Such special litter prevention officers shall display
a badge or other sign of authority. 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 in such penalty as the governing body may see
fit, conditioned for the faithful performance of their duties.
NOTE: The purpose of this bill is to permit nonpolice officers
to issue citations for littering.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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