The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 noteThe 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.'.