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Building Commission
Notice of Special Meeting
NOTICE OF SPECIAL
MEETING
The Marion County Building
Commission will hold a special meeting on THURSDAY, MARCH 2, 2006 AT 9:30 a.m.,
prevailing time in Room 403 of the City/County (Meredith) Building, 200 Jackson
Street, Fairmont, West Virginia, for the purposes of holding a public hearing
upon and consideration for adoption on final reading of an ordinance entitled:
AN ORDINANCE APPROVING THE
ACQUISTION, CONSTRUCTION, EQUIPPING, RENOVATION AND IMPROVEMENT OF AN EXISTING
BUILDING KNOWN AS THE “JACOBS BUILDING” FOR USE AS COUNTY
ADMINISTRATIVE OFFICE BUILDING AND ALL NECESSARY APPURTENANCES, FOR THE COUNTY
COMMISSION OF MARION COUNTY; THE ISSUANCE OF THE MARION COUNTY BUILDING
COMMISSION LEASE REVENUE BONDS, SERIES 2006, IN THE AGGREGATE PRINCIPAL AMOUNT
OF NOT MORE THAN $350,000, THE PROCEEDS OF WHICH SHALL BE EXPENDED TO FINANCE
ALL OR A PORTION OF THE COSTS THEREOF AND PAYING COSTS IN CONNECTION WITH THE
ISSUANCE OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED OF
TRUST, AN AGREEMENT AND LEASE, AND A LEASE ASSIGNMENT AND OTHER INSTRUMENTS AND
DOCUMENTS AND APPROVING OTHER MATTERS RELATING TO THE TERMS AND SECURITY OF
SUCH BONDS; DEFINING AND PRESCRIBING THE TERMS AND PROVISIONS OF THE BONDS;
PROVIDING GENERALLY FOR THE RIGHTS AND REMEDIES AND SECURITIES OF THE HOLDERS
OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT.
The meeting
is open to the public.
/s/Allan
W. Babcock
Secretary,
Building Commission
PARKING
ORDER - ADJACENT TO J.
Ordinance 2005-02
Noise Nuisance Ordinance
AN ORDINANCE OF THE MARION COUNTY COMMISSION TO PROMOTE THE PUBLIC SAFETY, HEALTH, AND WELFARE, OF MARION COUNTY WEST VIRGINIA BY PROTECTING ITS RESIDENTS FROM UNREASONABLY LOUD AND DISTURBING NOISE NUISANCES WHICH PROHIBIT RESIDENTS FROM THE ENJOYMENT OF THEIR PRIVATE HOME.
WHEREAS, West Virginia Code 7-1-3kk grants authority to the County Commission to provide for the elimination of hazards to public health and safety; and
WHEREAS, the
WHEREAS, West Virginia Code 7-1-3kk grants the authority to the County Commission to enact ordinances, issue orders and take other appropriate and necessary action for the elimination of hazards to public health and safety and to abate or cause to be abated anything which the commission determines to be a public nuisance; and
WHEREAS, the
NOW THEREFORE, the
UNREASONABLY LOUD, DISTURBING NOISES DECLARED A NUISANCE
Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited.
NOISES PROHIBITING ENJOYMENT OF PRIVATE HOMES DECLARED A NUISANCE
Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared a nuisance and is hereby prohibited.
SPECIFIC NOISE NUISANCES ENUMERATED
The following acts, among others, are declared to be noise nuisances in violation of this ordinance, but said enumeration shall not be deemed to be exclusive:
- Television, Radio, Phonograph, Tape Player, Compact Disc Player Or Other Similar Electronic Device
(a) The playing of any television, radio, phonograph, tape player, compact disc player or other similar electronic device in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of abode.
- The playing of any television, radio, phonograph, tape player, compact disc player or other
similar electronic device in such manner or with such volume, similar electronic device similar electronic device in such manner or with such volume so as to annoy and disturb persons of ordinary sensibilities in the immediate vicinity.
- Loud Speakers
(a) The use of any stationary or mobile loud speaker or amplifier in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of abode.
(b) The use of any stationary or mobile loud speaker or amplifier in such manner or with such volume that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity;
(c) The operation of such loud speaker or amplifier at any time on Sunday; or the operation of any outdoor loud speaker, outdoor amplifier or outdoor musical instrument on Sunday.
(3) Musical Instruments
(a) The playing of any musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of abode.
(b) The playing of any musical instrument in such manner or with such volume that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity; or
(3) Animals
The keeping of any animal or bird, which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity.
ENFORCEMENT
Enforcement of this ordinance will occur between the hours of 11:00p.m and 6:00a.m. Violation of this ordinance is a misdemeanor. Law Enforcement personnel will use their judgement to decide if there is a violation and the appropriate measure needed to correct the violation of said ordinance. Fines shall be no more than one hundred dollars for first time offenders or ten days imprisonment. Fines shall not exceed two hundred dollars or twenty days in prison or both for a second offense. Third or subsequent offenses shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or both such fine and imprisonment.
EXEMPTIONS
The following activities, among others, are declared to be exempt from this ordinance, but said enumeration shall not be deemed to be exclusive.
- All farms are exempt from this ordinance, provided that the noise is related to a farm related activity.
- All construction, building, industrial activity are exempt from this ordinance.
- All public events in which the general public is able to attend are excluded. This includes but is not limited to the following: concerts, fairs, parades, athletic events
EFFECTIVE DATE
The effective date of this ordinance shall be upon its passage, October 26, 2005.
SUNSET CLAUSE
This ordinance shall expire on its own, two (2) years after the effective date provided above, unless the Marion County Commission renews this ordinance or enacts a modified ordinance prior to the expiration date.
Cody Starcher, PRESIDENT (Signed October 26, 2005)
Alan Parks, COMMISSIONER (Signed October 26, 2005)
Randy Elliot, COMMISSIONER (Signed October 26, 2005)
ATTEST:
JANICE COSCO,
First
Public Hearing: October 26, 2005
Second
Publication Dates: October 12, 2005