NOTICE OF
ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-1333. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission through the Pocahontas County Clerk’s Office at the address listed above within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, January 20, 2022
Claim Deadline: Monday, March 21, 2022
ESTATE NUMBER: 14292
ESTATE OF: EDWARD JAMES BURTON
EXECUTOR: James Wallace Burton
1110 Saylor Drive 2-A
Columbus, In 47201
ESTATE NUMBER: 14331
ESTATE OF: LORNORA A. LUNDY
EXECUTRIX: Loretta DeRossett
1059 Brush Country Road
Marlinton, WV 24954-6619
Subscribed and sworn to before me on January 14, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
1/20/2c
NOTICE OF
ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-1333. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission through the Pocahontas County Clerk’s Office at the address listed above within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, January 13, 2022
Claim Deadline: Monday, March 14, 2022
ESTATE NUMBER: 14342
APPOINTMENT DATE: JANUARY 4, 2022
ESTATE NAME: MELVIN LEE FLETCHER
ANCILLARY ADMINISTRATOR DBN: Michael C. Doss
921 10th Avenue
Marlinton, WV 24954-1317
Subscribed and sworn to before me on January 4, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
1/13/2c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TO: DAVID W. MACE, Respondent
784 Crooked Fork Road
Marlinton, WV 24954
DOB: November 27, 1985
Magistrate Court Case No.: 21-D-86
Family Court Civil Action No.: 21-DV-78
ORDER OF PUBLICATION
PROTECTIVE ORDER/HEARING DATE
The object of this suit is to obtain protection from the Respondent.
The object of this publication by Class I legal advertisement is to notify the Respondent of the PROTECTIVE ORDER prohibiting the above-named Respondent from having contact with certain individuals. This Order may affect property and other rights of the Respondent. Violating this Order may subject the Respondent to criminal sanctions. The Respondent is strongly encouraged to obtain a copy of this Protective Order and Petition from the Circuit Clerk of the county listed above.
TO THE ABOVE-NAMED RESPONDENT:
If appearing by evidence duly taken in this action that you could not be found in or that you have left the State of West Virginia, you are hereby notified of the ORDER referenced above, a copy of the Petition and Order may be obtained at the Pocahontas County Circuit Clerk’s office.
This PROTECTIVE ORDER will remain in effect until February 1, 2022.
A final Hearing is scheduled for the 1st day of February 2022 at 11 a.m. before the Pocahontas County Family Court.
Issued this 12th day of January 2022, at 8:59 a.m.
Connie M. Carr
Circuit Clerk
1/20/1c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TO: DAVID W. MACE, Respondent
784 Crooked Fork Road
Marlinton, WV 24954
DOB: November 27, 1985
Magistrate Court Case No.: 21-D-85
Family Court Civil Action No.: 21-DV-76
ORDER OF PUBLICATION
PROTECTIVE ORDER/HEARING DATE
The object of this suit is to obtain protection from the Respondent.
The object of this publication by Class I legal advertisement is to notify the Respondent of the PROTECTIVE ORDER prohibiting the above-named Respondent from having contact with certain individuals. This Order may affect property and other rights of the Respondent. Violating this Order may subject the Respondent to criminal sanctions. The Respondent is strongly encouraged to obtain a copy of this Protective Order and Petition from the Circuit Clerk of the county listed above.
TO THE ABOVE-NAMED RESPONDENT:
If appearing by evidence duly taken in this action that you could not be found in or that you have left the State of West Virginia, you are hereby notified of the ORDER referenced above, a copy of the Petition and Order may be obtained at the Pocahontas County Circuit Clerk’s office.
This PROTECTIVE ORDER will remain in effect until February 1, 2022.
A final Hearing is scheduled for the 1st day of February 2022 at 11:30 a.m. before the Pocahontas County Family Court.
Issued this 12th day of January 2022, at 8:59 a.m.
Connie M. Carr
Circuit Clerk
1/20/1c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
Civil Action No. 22-D-02
IN RE: The Marriage of:
TIMOTHY ALLEN WRIGHT, Petitioner
and
MISTY ANN WRIGHT, Respondent
ORDER OF PUBLICATION
THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.
This is a publication by Class II Legal Advertisement.
To the Above-Named Respondent:
If appearing by affidavit filed in this action that MISTY ANN WRIGHT is a non-resident of the State of West Virginia or has an unknown address. It is hereby ordered that MISTY ANN WRIGHT serve upon TIMOTHY ALLEN WRIGHT, by way of the Circuit Clerk’s Office, whose address is 900 D Tenth Avenue, Marlinton, WV 24954, an answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in the action on or before FEBRUARY 14, 2022.
If you fail to Answer the Petition for Divorce, a judgment may be taken against you for the relief demanded in the Petition.
A copy of said Petition can be obtained from the undersigned Clerk’s office.
Entered by the Clerk of said Court January 14, 2022.
Connie M. Carr
Clerk of the Court
1/20/2c
NOTICE OF GUIDELINES FOR CONTRIBUTIONS
The Pocahontas County Commission has set aside February 1, 2022, for discussion and/or action of contribution requests for individuals, groups and organizations.
Please contact the Pocahontas County Clerk’s Office at 304-799-4549 for additional information.
Guidelines for contributions for fiscal year 2021-2022:
(1) All groups, organizations or entities must have representative available at County Commission meeting at time of the initial presentation; no exceptions will be made;
(2) All groups, organizations or entities must show proof (i.e., copy) of its Internal Revenue Service (IRS) issued 501(c) or other non-profit status, or in the case of a public entity (i.e., school board or town), a verified statement of public purpose behind the request; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
(3) All individuals, groups, organizations or entities seeking contributions must possess a valid copy of the Internal Revenue Service (IRS) issued 501(c) or other non-profit documentation matching the exact name of the group, organization or entity, except in the case of a public entity (i.e., school board or town) or a request of $500.00 or less (see No. 7 below); no other exceptions will be made;
(4) All requests must contain itemized budget and a financial statement from group, organization or entity at time of initial request, or if request is from a public entity (i.e., school board or town) such budget and financial documents must be presented for the specific project; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
(5) Only one request per fiscal year from each group, organization or entity will be considered and such request may only be presented no sooner than the one (1) year anniversary of any prior request, and will be determined by the named payee on previously issued checks; no exceptions will be made;
(6) No requests will be approved for any group, organization or entity in an amount over and above $5,000.00 per fiscal year;
(7) Any group, organization or entity requesting a contribution from the Commission in an amount of $500.00 or less per fiscal year shall be exempt from providing documentation regarding its 501(c) or other non-profit status; however, all requests must contain itemized budget and a financial statement; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission.
(8) Any group, organization or entity which receives a contribution and/or funding from the Pocahontas County Commission must file at the end of the State’s fiscal year, a report of all disbursements of the funds. Such report of disbursements must be in the form of an audit performed by an independent certified public accountant or, in lieu thereof, by submission of a statement sworn, under oath, by the highest officer or authority of the recipient, group, organization or entity. For purposes of this paragraph the State’s fiscal year runs from July 1st to June 30th.
Revised April 17, 2018
The Pocahontas County Commission
Walt Helmick, President
1/20/2c
NOTICE
BOARD OF REVIEW AND EQUALIZATION HEARINGS
The County Commission of Pocahontas County, West Virginia, in its capacity as the Board of Review and Equalization will convene on the following dates and times for the purpose of reviewing and equalizing assessments made by the Assessor.
Tuesday, February 1, 2022
10:00 a.m.
County Commission Office
Pocahontas County Courthouse-Marlinton
Friday, February 4, 2022
10:00 a.m.
County Commission Office
Pocahontas County Courthouse-Marlinton
Tuesday, February 8, 2022
10:00 a.m.
County Commission Office
Pocahontas County Courthouse-Marlinton
Friday, February 11, 2022
10:00 a.m.
County Commission Office
Pocahontas County Courthouse-Marlinton
Tuesday, February 15, 2022
5:45 p.m.
County Commission Office
Pocahontas County Courthouse-Marlinton
The Commission requests that appointments be made prior to these dates. To schedule an appointment, please contact Melissa L. Bennett, County Clerk at 304-799-4549 between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday.
Pocahontas County Commission
1/20/2c
NOTICE
Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) is proposing to build a 199-foot self-supporting lattice telecommunications facility in the vicinity of 253 Dick McNeel Road, Hillsboro, Pocahontas County, WV 24954.
Public comments regarding potential effects from this site on historic properties may be submitted within 30 days from the date of this publication to: Project 6121010739 – TC c/o EBI Consulting, 6876 Susquehanna Trail South, York, PA 17403, tcubie@ebiconsulting.com or via telephone at 339-234-2597.
1/20/1c
TOWN OF DURBIN
Ordinance Number 1:20
Ordinance Pertaining to the Structure and Functions of Durbin Days Heritage Festival
SECTION 1
Purpose
a) The Durbin Days Heritage Festival shall be a festival that brings former residents back to Durbin and encourages new people to visit Durbin. The festival will offer a variety of events, activities, and entertainment for all ages to enjoy. The festival will bring to light the natural resources, history, and recreational opportunities available in the area.
b) To develop a committee that will oversee the organization of the Durbin Days Heritage Festival each year and to establish parameters under which this committee functions.
SECTION 2
Creation, Term, Vacancies, and compensation
a) There is hereby created a Committee which shall be known as “The Durbin Days Heritage Festival Committee”. The committee shall consist of not less than seven (7) members: A Coordinator and two members of the town council must be of the 7 members. The other members can consist of any and all interested parties.
b) The committee shall be appointed by the Durbin Town Council at the regular August town meeting. The term of office for the coordinator shall run from September 1 thru August 31 of the following year. Letters of interest to be received by July 31 of current year.
c) The Durbin Days Heritage Festival Committee shall meet the first Thursday of each month open to the public, and the coordinator shall keep a record of its official proceedings. The coordinator must also post an agenda stating time and place and proceedings at local establishments including: The Durbin Town Office, Durbin Post Office, and Durbin Library.
d) The Coordinator shall be paid a fee for his/her duties of $500.00 established during the budgeting process and with approval of the Durbin Town Council (subject to change).
e) The Committee members shall be reimbursed for items purchased for the Durbin Days Heritage Festival if the receipt clearly shows what the expense was for and with approval of the coordinator up to $100.00 and anything over $100.00 shall be approved by 3 members of the council and that those items were used for the festival.
f) Unexpected expenditures should be presented, by the Coordinator, in a timely manner to the council for approval.
SECTION 3
Powers and Duties
a) The Durbin Days Heritage Festival Coordinator shall have the power to plan and execute all events for the Durbin Days Heritage Festival with the cooperation of the Committee. This includes other events held throughout the year in order to raise funds.
b) The Coordinator shall provide a written monthly report to the Durbin Town Council at their regularly scheduled monthly meetings.
c) The Committee may receive funds from individuals, corporations, associations, foundations, or other charitable organizations and may apply for and receive grants from Federal, State, or County organizations for the purposes established in Section 1a. Any and all revenues received for Durbin Days Heritage Festival shall be deposited into the Durbin Days Heritage Festival checking account by the Durbin Town Treasurer as part of the Durbin Town finances; and all expenditures made by the Coordinator or Committee shall be handled and accounted for in the same manner as other town fund expenditures.
d) All vendors for DDHF shall apply for a Town of Durbin business license and shall not be allowed to operate without said business license. The fee is a discounted fee of $20.00 and shall be added to the vendor’s set up fee. Durbin Days Heritage Festival Coordinator will remit the business license fee to the Durbin Treasurer for deposit with records of who paid the funds.
e) Items bought with Durbin Days Heritage Festival funds shall be stored on town property when not in use and shall be available for rent under the discretion of the Durbin Town Council. A Deposit will be set for any such item/items to be rented ranging from $100.00 to $1000.00 (Exceptions may apply). If items are returned in good shape and on-time, the renter’s deposit will be refunded in its entirety.
PROVISIONS OF THIS ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021
Shereen Bailey, Mayor
John Osborne, Recoder
Town of Durbin
1/13/2c
TOWN OF DURBIN
Ordinance Number 1:22
Ordinance to Regulate Noise in the Town
AN ACT TO CREATE AND PROVIDE FOR A NEW TOWN OF DURBIN ORDINANCE, TO PROVIDE FOR THE REGULATION OF NOISE WITHIN THE TOWN OF DURBIN.
BE IT ENACTED BY
THE COUNCIL OF THE TOWN OF DURBIN:
SECTION 1
IT SHALL BE UNLAWFUL FOR ANY PERSON TO CREATE, ASSIST IN CREATING, PERMIT, CONTINUE OR PERMIT THE CONTINUANCE OF ANY UNREASONABLY LOUD AND/OR RAUCOUS, DISTURBING, UNUSUAL OR UNREASONABLY LOUD SOUND WHICH ANNOYS, DISTURBS, INJURES, OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF OTHERS WITHIN THE LIMITS OF THE TOWN OF DURBIN. FOR THE PURPOSE OF THIS ORDINANCE, SOUND SHALL INCLUDE VIBRATIONS CAUSED BY HUMAN, ANIMAL OR MECHANICAL MEANS. A PERSON SHALL NOT BE IN VIOLATION OF THIS ORDINANCE UNLESS ANY SUCH SOUND IS PERCEIVED ON ANOTHER PROPERTY, IT BEING SOLELY THE INTENT OF THE ORDINANCE TO PROHIBIT SOUNDS FROM CARRYING FROM ONE PROPERTY TO ADJACENT OR NEARBY PROPERTIES, OR A PUBLIC RIGHT-OF-WAY.
SECTION 2
WITHIN THE TOWN LIMITS, THE FOLLOWING ACTIVITIES ARE PROHIBITED IF THEY PRODUCE AUDIBLE SOUND BEYOND THE PROPERTY LINE OF THE PROPERTY ON WHICH THEY ARE CONDUCTED OR FROM A PUBLIC RIGHT-OF-WAY.
SECTION 3
THE OPERATION OF POWER TOOLS OR EQUIPMENT IS PROHIBITED OUTDOORS BETWEEN 11:00 PM AND 7:00 AM MONDAY THROUGH FRIDAY, AND 11:00 PM AND 8:00 AM SATURDAY, SUNDAY, AND HOLIDAYS.
THE PLAYING OF ANY MUSICAL DEVICE OR TELEVISION THAT CAN BE HEARD FIFTY (50) FEET AWAY, OR BEYOND THE PROPERTY LINE OF THE PROPERTY ON WHICH IT IS BEING PLAYED IS PROHIBITED UNLESS YOU HAVE WRITTEN CONSENT FROM NEIGHBORING PROPERTIES. MUSICAL DEVICE IS A RADIO, CD PLAYER, CAR STEREO, CELL PHONE, IPAD, COMPUTER, OR ANY OTHER DEVICE PRODUCING LOUD MUSIC. THESE DEVICES ARE PROHIBITED BETWEEN 11:00 PM AND 8:00 AM, WITH THE EXCEPTION OF FESTIVALS AND OTHER CIVIC FUNCTIONS.
CONSTRUCTION, REPAIR, REMODELING, DRILLING, AND/ OR EXCAVATION WORK BETWEEN 11:00 PM AND 6:00 AM IS PROHIBITED.
THE KEEPING OF ANY ANIMAL OR BIRD, WHICH MAKES FREQUENT OR LONG CONTINUED NOISE, THAT DISTURBS THE COMFORT OR REPOSE OF ANY PERSONS IN THE VICINITY IS PROHIBITED.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO ALLOW ANY DOG TO BARK OR HOWL FOR LONG PERIODS OF TIME, ESPECIALLY IN THE EVENING HOURS.
THE USE OF LOUD ATVs AND/OR UNLICENSED DIRT BIKES IS PROHIBITED BETWEEN 11:00 PM AND 6:00 AM.
SECTION 4
THE PROVISIONS IN THE PREVIOUS SECTIONS SHALL NOT APPLY TO THE FOLLOWING:
NOISE PRODUCED BY EMERGENCY WORK NECESSARY TO RESTORE PROPERTY TO A SAFE CONDITION FOLLOWING A FIRE, ACCIDENT, OR NATURAL DISASTER.
NOISE TO RESTORE PUBLIC UTILITIES.
NOISE TO PROTECT PERSONS OR PROPERTY FROM AN IMMINENT DANGER. THIS INCLUDES SOUND MADE TO ALERT PERSONS TO THE EXISTENCE OF ANY EMERGENCY, DANGER, OR ATTEMPTED CRIME.
ACTIVITIES OR OPERATIONS OF GOVERNMENTAL UNITS OR AGENCIES PRODUCING EXCESSIVE NOISE.
VIOLATION OF ANY PROVISION OF THIS ORDINANCE IS DECLARED TO BE A MUNICIPAL INFRACTION, PUNISHABLE BY FINES DESCRIBED BELOW:
1st Violation: Written Warning
2nd Violation: $50.00 + Fees
3rd Violation: $100.00 + Fees
4th Violation: $150.00 + Fees
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021 Shereen Bailey, Mayor
John Osborne, Recorder
Town of Durbin
1/13/2c
TOWN OF DURBIN
ORDINANCE NUMBER 1:24
TO CREATE AN ORDINANCE ESTABLISHING
A CURFEW AND PROHIBITING LOITERING
SECTION 1
These are definitions for the purposes of this document as they relate specifically to the Curfew Ordinance for the Town of Durbin. Definitions shall not be held to modify or affect in any way the legal interpretations of such terms or words used in other regulations.
Custodian: Any person over the age of eighteen years who is a parent to a minor. Guardian: Any person other than a parent who has legal guardianship of a minor.
Loitering: Remaining on public property with no lawful purpose.
Minor: Any person under the age of eighteen years.
Parent: A natural or adoptive parent of a minor.
Public place: Any street, alley, highway, sidewalk, park, playground, parking area or lot, business or place to which the general public has access and a right to resort for business attendance or other lawful purposes. Public place shall include but not be limited to, any street, shop, restaurant, tavern, theatre, store, or poolroom or any other place devoted to business, amusement or entertainment of the general public. It shall also include the front, rear, and sidewalk areas of the above.
SECTION 2
Loitering
(a) Any person or group of persons on public property, including streets, sidewalks and curbs, or on private property which is open for business to the public, or on or in a vehicle that is on public property or private property which is open for business to the public, who loiters in a manner which is prohibited by this section shall be asked to leave by the business or property owner. If they do not leave, business or property owner should call local law enforcement.
(b) Loitering which is prohibited is defined as loitering so as to create a breach of the peace, disturbance or annoyance to the comfort and repose of any person, or to obstruct free passage of pedestrians or vehicles, or to obstruct, molest or interfere with any person lawfully in any public place or on any private property open for business to the public, by conduct including the making of unsolicited remarks which are solely intended to be combative, offensive, disgusting or insulting and which are also calculated to disturb or breach the peace.
SECTION 3
Curfew
It shall be unlawful for any minor to remain idle, wander, loiter, stroll, play or be in or at or upon any public place, either on foot or without a set destination in any motor vehicle, bicycle or other conveyance in the town between the hours of 10:00 PM and 6:00 AM of the following day unless:
(a) Accompanied by parents, guardian, custodian, or other adult person having legal custody or control of such minor;
(b) Unless the minor is on an emergency errand;
(c) Unless the minor is returning to his place of residence from attendance at a school, church, athletic or recreational function or activity at which the minor’ s attendance is authorized by his parents, guardian, custodian or other adult person having legal custody or control of such minor; or
(d) Where the presence of such minor is connected with or required by some lawful employment, trade, profession or occupation.
(e) Exceptions for local festivities, (Durbin Days, etc.) when the curfew shall be adjusted to 11:00 PM.
All minors shall be required to leave and not be on or about any public place within one-half hour of the termination of any of the functions or activities herein mentioned.
SECTION 4
Unlawful acts – By persons having charge of public places
It shall be unlawful for any person having charge of any public place to knowingly permit or suffer the presence therein of minors between the hours as designated and set forth in Section 3 herein except if minor is authorized to do so by parent/legal guardian.
SECTION 5
Unlawful Acts – By parent, guardian, custodian, etc.
It shall be unlawful for the parent, guardian, custodian or other adult person having legal custody or control of any minor to suffer, permit or allow, or be inefficient or ineffective in the control of minors so as to permit or allow such minor to be on any street or sidewalk or on or in or about any public property or public place within the town, except as provided in Section 3.
Any parent, guardian, custodian, or other adult person having the legal custody and control of a minor who is guilty of any violation of the provisions of this article, or any person operating or having charge of any public place who knowingly permits or suffers the presence of minors on his premises in violation of the provisions of this article, shall be subject to a fine of not more than one hundred dollars ($100) and all court costs if applicable.
SECTION 6
Violations by minor; authority and duties of police
(a) Any police officer, upon finding a minor to be in or on any public place as hereinbefore defined in violation of this article, shall ascertain the name and address of such minor, advise the minor that he is in violation of this article and direct the minor to proceed at once to his home or place of abode. The police officer shall further immediately report, or attempt to report, such action to the parents, guardian, custodian or person having legal custody or control of such minor by either calling or personally contacting them.
(b) If such minor refuses to heed such a warning by any such police officer or refuses to give such police officer his correct name and address, or if the minor has been the subject of a prior curfew warning that same night , then the minor shall be taken to his place of residence, if the same can be determined, otherwise to the police department and the parents, guardian, custodian or other adult person having the legal care and custody of such minor shall be notified to come to the police department and take charge of the minor. Otherwise, the minor shall be dealt with in accordance with the juvenile laws of the state, but in no event shall be placed in confinement or jail for violation of the provisions of this article.
SECTION 7
Violations by minor
Local authorities will be contacted in cases where the curfew ordinance is violated repeatedly. Any minor who violates any provision of this article shall be dealt with and proceeded against in such manner as may be authorized by the juvenile laws of the state.
(a) WV Code §49-5-2 Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts. “Not withstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or non-intoxicating beer in public places, any other act prohibited by section nine, article six, chapter sixty or section nineteen, article sixteen, chapter eleven of this code or under age possession or use of tobacco or tobacco products, as provided in article nine-a, chapter sixteen of this code. Municipal courts may impose the same punishment for these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
1st Reading: 11/9/2021
2nd Reading: 12/14/2021
Shereen Bailey, Mayor
John Osborne, Recorder
Town of Durbin
1/13/2c
