West Virginia Code 8-11-3 – Cases requiring enactment of ordinance
In the following enumerated cases, the action of a governing body shall, except where otherwise provided in this code, be by ordinance:
Terms Used In West Virginia Code 8-11-3
- Charter: shall mean , except where specific reference is made to a particular type of charter, either a special legislative charter (whether or not amended under the provisions of former §. See West Virginia Code 8-1-2
- Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
- Governing body: shall mean the mayor and council together, the council, the board of directors, the commission, or other board or body of any municipality, by whatever name called, as the case may be, charged with the responsibility of enacting ordinances and determining the public policy of such municipality. See West Virginia Code 8-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Ordinance: shall mean the ordinances and laws enacted by the governing body of a municipality in the exercise of its legislative power, and in one or more articles of this chapter, ordinances enacted by a county commission. See West Virginia Code 8-1-2
(1) Levying taxes or providing for the collection of fees of any kind;
(2) Requiring a license to do business;
(3) Relating to offenses and penalties;
(4) Authorizing the issuance of bonds or other forms of indebtedness;
(5) Providing for a public improvement;
(6) Providing for the purchase of private property by the municipality or for the sale of property belonging to the municipality;
(7) Laying out or vacating a public street, avenue, road, alley or way;
(8) Relating to planning and zoning;
(9) Granting franchises to public utilities;
(10) Providing for a contractual or other agreement with another jurisdiction; and
(11) Relating to such other matters as the charter may require.
The action of a governing body shall also be by ordinance in any other case in which an ordinance is required by the provisions of this code.