Selected Ordinances of the Town of Bethany

Although you are a student at Bethany College, you are also considered a citizen of the Town of Bethany and are not exempt from its regulations. Common courtesy and a respect for the rights of all members of the Bethany community are expected by the Dean of Students and the Town Council. The Town Ordinances are kept on file in the Bethany College Library. Questions may be directed to either the mayor of Bethany or the Dean of Students. The following selected ordinances may be of importance to Bethany College students. Violations of any of the following ordinances will result in the offender being fined. (The following ordinances have been edited.)

  • It is unlawful for any individual or group to make noise which either annoys or disturbs others within the town limits. Any person who violates this Ordinance shall be deemed guilty of misdemeanor and upon conviction shall be fined a sum not exceeding $50. Public disturbances will not be tolerated between the hours of 11 p.m. and 7 a.m.
  • The Town of Bethany and the College have reached the general agreement that weekend parties held in residences in the community may continue until 1 a.m., as long as they have been properly scheduled and authorized. However, if a weekend party is noisy or disturbing to the community, citizens reserve the right to turn in a complaint before 1 a.m. Loud noise will not be tolerated anytime. Violation of this 1 a.m. general agreement may lead to a withdrawal of this extension for authorized parties.
  • No person shall turn in any fire alarm that he knows to be false at the time of making the alarm. Any individual who violates the provisions of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not less than $100. If a false alarm is placed from a residence hall and the individual responsible is not properly identified, the residents shall be jointly fined not less than $100 per residence hall.
  • No owner or any person in charge of a dog shall permit the dog to be run or be upon a street, sidewalk, or public place within the town unless the dog is accompanied by its owner or another person in charge of the dog. If any dog is found running at large in the town, the owner of the dog shall be fined not less than $5 or more than $25 and/or the dog shall be impounded in violation of this article. The Town Recorder shall notify the owner, who may redeem the dog by paying the penalty for the violation of this article.

The following ordinances are adopted and amended through May 31, 2003:

Ordinance 4: An ordinance regulating Loitering and Annoying Conduct

Be it ordained by the Town Council of the Town of Bethany, Brooke County, West Virginia that:

  1. It shall be unlawful for persons to assemble or loiter on the streets, sidewalks, street corners or alleys, or in any public place, automobile, motorcycle, or other motor conveyance in such a manner as to obstruct the streets, sidewalks or alleys, or to conduct themselves in a manner annoying to persons passing by, or to occupants or residents of adjoining buildings.
  2. Any person or persons found to be in violation of Section (1) shall be fined a minimum of Twenty-five dollars ($25.00) and a maximum of one hundred dollars ($100.00).

Ordinance 41: Public Intoxication and the Drinking of Non-Intoxicating Beer in Public

  1. It shall be unlawful for any person to be drunk in public or to be found intoxicated on any street or alley or in any public place; it shall be unlawful for any person to profanely curse or swear, or use any indecent or obscene language on any street or alley or in any public place. Any person found guilty of violating this provision shall be fined $25.00
  2. It shall be unlawful for any person to drink alcoholic beverages of any kind or non-intoxicating beer on the public streets or roadways or in any public place. Any person found guilty of violating this provision shall be fined $25.00

Ordinance 43: Ordinance Making It A Crime To Turn In False Fire Alarms and Penalties

  1. No person shall make, give out, or cause to be made or given out any false alarm of fire emergency, or any other false call by any means whatsoever that would cause the Fire Department to respond with any emergency vehicle or apparatus.
  2. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00).
  3. If any false alarm of fire emergency is placed from any dwelling, residence hall, or apartment building under such circumstances as make it impossible or difficult to determine who placed such false alarm, the residents of the dwelling, residence hall, or apartment building shall be jointly and severally liable for a civil penalty of not less than one hundred dollars ($100.00).

Ordinance No. 45: An Ordinance Prohibiting The Destruction Of Property In the Town of Bethany

  1. No person, without authority from the owner thereof, or from some authorized agent of such owner, shall cut down, mutilate, deface, tear down, destroy or injure any fence, tree, shrub, plant, building or structure or any real or personal property whatsoever, lawfully upon the land of another within the Town of Bethany. The enforcement of Ordinance 6 (providing for the Removal of Weeds Grass, Deleterious, and Unhealthy Growths and Other Noxious Matter on Private Property) shall not be deemed to be a violation of the provision.
  2. No person shall destroy, injure, break, deface, place any filth or harmful substance of any kind, write, mark, draw, or paint any work, sign, or figure on any public property in the Town, or in any public building statue, monument, office, drinking fountain, or structure of any kind whatsoever.
  3. Any person found guilty of violation of the provisions of this Ordinance shall be punished by a fine of $100 plus the reasonable costs of restoring the vandalized property to its previous condition. No fine under this provision shall exceed $1,000.
  4. The Town or any person or organization of any kind or character shall be entitled in any Magistrate Court or court of competent jurisdiction, to recover damages in an amount not to exceed $300 from the parent or parents of any minor child under the age of 18 years, living with the parent or parents, who maliciously or willfully destroys property, real, personal or mixed, situated within the Town and belonging to the Town or to any person or organization of any kind or character.

The recovery hereunder shall be limited to the actual damages in addition to taxable court costs. Provided, however, that the right of action and remedy thereof granted herein shall be in addition to, and not exclusive of any rights of action and acts of his, her, or their minor children heretofore existing independently of the provisions of this Ordinance, except that this right of action shall not be in addition to that certain cause of action set forth in the West Virginia Code 55-7A-2.

Ordinance No. 57: An Ordinance Prohibiting The Depositing Of Litter In Public Places

Section 1. No person shall throw, deposit or permit to remain on any street, avenue, road, alleyway, sidewalk, square, or other public place any grass, scrap, iron, nails, tacks, wire, organic garbage or other litter, or anything likely to injure the feet of individuals or animals or the tires of vehicles.
Section 2. Any person found guilty of violating this ordinance shall be charged an amount not to exceed $200.

Ordinance No. 65: An Ordinance Concerning Trespass In the Town of Bethany

Section 4. Trespass on Student Residence Premises Or Student Facility Premises Of An Institution Of Higher Education
(A) For the purposes of this section:

(1) "Residence hall" means housing or a unit of housing provided primarily for students as a temporary or permanent dwelling place or abode and owned, operated, or controlled by an institution of higher education.

(2) "Student facility" means a facility owned, operated, or controlled by an institution of higher education at which alcoholic liquor or non-intoxicating beer is purchased, sold, or served to students enrolled at such institution, but shall not include facilities at which athletic events are regularly scheduled and an admission fee is generally charged.

(3) "Institution of higher education" means any State university, State college, or State community college under the control, supervision and management of the West Virginia Board of Regents, or any other university, college or any other institution of higher education in the State subject to rules and regulations for accreditation under the provisions of section 13-a (S 18- 26-13a), article 26, chapter 18 of the West Virginia Code.

(4)"Person authorized to have access to a residence hall or student facility" means:

  1. A student who resides/dwells in the residence hall, or
  2. An invited guest of a student who resides/dwells in the residence hall, or
  3. A parent, guardian, or person who has legal custody of a student who resides or dwells in the residence hall, or
  4. An employee of the institution of higher education who is required by employment by such an institution in the residence hall or student facility and who is acting within the scope of employment or
  5. A delivery person, repair person, or other such person who is not an employee of the institution of higher education but who nonetheless has a legitimate commercial reason to be in the residence hall or student facility and who resides acting pursuant to such legitimate commercial reason.

(B) If a person authorized to have access to a residence hall or a student facility and by his or her presence or acts interferes with the peaceful or orderly operation of such residence hall or student facility may be asked to leave such residence hall or student facility. If a person other than a person authorized to have access to a residence hall or student facility enters such a residence hall or student facility, may be asked to leave such residence hall or student facility notwithstanding the fact that the person has not interfered with the peaceful or orderly operation of such residence hall or student facility or otherwise committed a breach of the peace or violated any statute or ordinance. Such request to leave may be made by the President of the institution of higher education, an employee designated by the President to maintain order in the residence hall or student facility, a security officer appointed pursuant to the provisions of section 8-a (S 18-26-8a), article 23, chapter 18 of the West Virginia Code, or a municipal police officer, a sheriff or deputy sheriff, or a member of the department of public safety.

(C) It shall be unlawful for a person to remain in a residence hall or student facility after being asked to leave as provided for in subsection (b) of this section.

(D) Any person who violates the provisions of subsection (c) of this section shall be guilty of a misdemeanor, and , upon conviction thereof, shall be fined fifteen dollars. For any second or subsequent conviction for a violation occurring within one year after a previous violation for a similar conduct, such person is fined an amount not to exceed one hundred dollars.

(E) This section is not to be construed to be in derogation of the common law, nor shall the provisions of this section contravene or infringe upon existing statutes related to the same subject.