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Ex. DUT-WV-030 Standing duty Primary source read

Emergency Ordinance No. 2020-5, Art. II §§ 1-4 (cross-reference to Ex. WV-083; not re-saved)

City Manager authorized to limit gatherings and restrict bars consistent with the Governor's and the County Health Officer's orders; violation 'shall be deemed a public nuisance subject to summary abatement' and a misdemeanor at $500 per day

Morgantown City Council · City of Morgantown (City)

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The record

Jurisdiction
City of Morgantown · West Virginia
Level
City
Authority
Morgantown, W. Va., Emergency Ordinance No. 2020-5, Art. II §§ 1-4 (Sept. 1, 2020) (Ex. WV-083)
Issued
2020-09-01 Sept. 1, 2020
Effective
2020-09-01 (upon adoption) (read as 2020-09-01)
End
2020-12-15 (lapsed by its terms) (read as 2020-12-15)
In force
Sept. 1, 2020 to Dec. 15, 2020
Quarters
2020 Q32020 Q4
Limitation types
Gathering capAlcohol and barsStanding dutyOperating condition
Addressees
  • persons generally; specified businesses (bars and bar areas of restaurants and hotels); hosts of gatherings
Character
order penalty
Collection
Standing duties: West Virginia DUT-WV

Operative words

SECTION 4. PENALTY. Any violation of the City Manager's order shall be deemed a public nuisance subject to summary abatement by the Chief of Police or other law enforcement officer. In addition, any violation shall be a misdemeanor punishable by a fine of up to five hundred (500) dollars. Each day a violation continues shall constitute a separate violation.

Penalty

Public nuisance subject to summary abatement; misdemeanor, fine up to $500, each day a separate violation

What it required

Compliance with the City Manager's gathering and bar-occupancy orders issued 'consistent with provisions of the Executive Orders of the Governor or of any order of the Monongalia County Board of Health or Monongalia County Health Officer,' on pain of summary nuisance abatement and daily misdemeanor fines.

Retrieval note

The public-nuisance vehicle for protocol enforcement at municipal level (category 5); the State-level nuisance provision is W. Va. Code § 16-3-6 (read, not saved), which authorizes the State director of health, any local health officer, the county commission or any municipality to apply to the circuit court 'for an injunction forthwith to restrain, prevent or abate' any 'nuisance affecting the public health.'.