IN GENERAL

Charleston, W. Va., City Code ch. 78, art. I

in effect

Charleston, W. Va., City Code § 78-1 Attempts; aiding and abetting; procuring offense.

Sec. 78-1. - Attempts; aiding and abetting; procuring offense. (a) It shall be unlawful for any person to attempt to commit any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority of this Code or such ordinance; and it shall be unlawful for any person to aid or abet another in the commission or attempted commission of any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority of this Code or such ordinance. (b) It shall be unlawful for any person to attempt to avoid the doing of any act which is required by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority of such ordinance; and it shall be unlawful for any person to aid or abet another in the avoidance or attempted avoidance of any act which is required by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority of this Code or such ordinance. (c) Any person who aids, abets or procures another to commit an offense may be prosecuted and punished as if he were the principal offender. (Code 1975, § 18-5)

Charleston, W. Va., City Code § 78-2 Assault and battery definitions; penalties.

Sec. 78-2. - Assault and battery definitions; penalties. (a) Assault means an act which places another person in reasonable apprehension of immediately receiving a violent injury. Any person convicted of assault shall be fined not more than $100.00 or confined in jail not more than 30 days, or both. (b) Battery means an unlawful and intentional physical contact of an insulting or provoking nature with the person of another, or the unlawful and intentional causing of physical harm to another person. Any person convicted of battery shall be fined not more than $500.00 or confined in jail not more than 30 days, or both. (Code 1975, § 18-4)

Charleston, W. Va., City Code § 78-3 Advertisements, handbills, signs.

Sec. 78-3. - Advertisements, handbills, signs. (a) No person shall stick, print, stamp, attach, hang or suspend upon any public building, traffic sign or street marker; or upon any pole or upon any telephone, telegraph or other poles belonging to the city or to electric, telephone, telegraph or other companies; or upon any street or sidewalk, pavement or any other public place any printed, written, painted or other advertisement, bill, notice, political poster or advertisement, or any other sign or poster. (b) No papers, handbills, cards, circulars, political advertisements or advertising matter of any kind shall be thrown, pushed, cast, deposited, dropped, scattered or left in or upon any street, sidewalk or other public place, or upon any vacant lot or premises within the city, if it is likely that the material might be scattered by the wind upon the streets or public places within the city. The provisions of this section shall not prevent the delivering of newspapers within the city. (c) No structure of any kind to be used as a sign or advertising of any sort shall be built, placed, erected, hung, or left in or upon any street, sidewalk or other public place except such as may lawfully be allowed under the laws of the city. (d) Any business or commercial establishment, or any individual or organization whose handbills, signs and advertisements are in violation of this section shall be prima facie responsible for such violation and subject to penalty for such violation. (e) The director of parks and recreation or his authorized agents are directed to remove any signs found within the corporate limits of the city posted in violation of the provisions of this section. (Code 1975, § 18-1.1; Ord. No. 6521, 10-5-1998)

Charleston, W. Va., City Code § 78-4 Canes and walking sticks.

Sec. 78-4. - Canes and walking sticks. No person who is not totally or partially blind or otherwise incapacitated shall carry on any public street in a raised or extended position a cane or walking stick which is metallic or white in color or white tipped with red. (Code 1975, § 18-8)

Charleston, W. Va., City Code § 78-5 Peeping toms.

Sec. 78-5. - Peeping toms. It shall be unlawful for any person to go upon any lot or premises without the express or implied consent of the owner, occupant or person in charge of the lot or premises for the purpose of looking into any window, door or other aperture of any dwelling located on the lot or premises. (Code 1975, § 18-51)

Charleston, W. Va., City Code § 78-6 Spitting.

Sec. 78-6. - Spitting. No person shall expectorate or spit in or upon any parking lot, footpath or sidewalk in the city, or in or upon any part of any public vehicle carrying passengers for hire, or in or upon any part of any public building under the control of the city, county or state, or of the board of education. The proprietors of public vehicles carrying passengers for hire shall keep posted conspicuously in each of their cars and public vehicles notices forbidding such expectorating or spitting. (Code 1975, § 18-62)

Charleston, W. Va., City Code § 78-7 Throwing missiles in streets or public places.

Sec. 78-7. - Throwing missiles in streets or public places. No person within the city shall throw any stone, brick, stick, can or other missile in or into any street or highway, open space, public square or enclosure. (Code 1975, § 18-63)

Charleston, W. Va., City Code § 78-8 Ticket scalping.

Sec. 78-8. - Ticket scalping. It shall be unlawful for any person to resell or offer for resale within the city any ticket, token or other evidence of the right of admission or entry to any place of amusement where public exhibitions, games, contests or performances of any kind are given, held or conducted, or are to be given, held or conducted, which place is owned by the city, or any other municipal, county or state body or agency, at a price in excess of the price printed or otherwise appearing on the face of such ticket, token or other evidence of the right of admission or entry. Any person convicted of violating the provisions of this section shall be subject to the general penalties as provided in section 1-8. (Code 1975, § 18-63.1)

Charleston, W. Va., City Code § 78-9 Watercraft regulations.

Sec. 78-9. - Watercraft regulations. (a) Tying to bridge. No person shall anchor, hitch, tie or otherwise fasten any steamboat, barge, raft, other craft or timbers or materials of any kind or description to any bridge, bridge pier, abutment or any approach to any such bridge owned or controlled in whole or in part by the city. (b) Muffling watercraft. The operation of watercraft in violation of section 78-212 on the Kanawha and Elk rivers within the confines of the city is prohibited. (c) Mooring at city levee. No commercially owned steamboat, barge, raft, boat or any other craft of any kind or description shall be moored, anchored, hitched, tied or otherwise fastened to any part of the city-owned levee without prior written approval of the city manager. No privately owned boat, steamboat, barge, raft or any other craft of any kind or description shall be moored, anchored, hitched, tied or otherwise fastened to any part of the city-owned levee for longer than two hours without prior written approval of the city manager. (Code 1975, § 18-65; Bill No. 7375, 8-17-2009)

Charleston, W. Va., City Code § 78-10 Hate crimes.

Sec. 78-10. - Hate crimes. (a) This section may be referred to as the "Anti-Hate Crime Ordinance." The city hereby recognizes and declares that all persons within the city have the right to be free from any violence, or intimidation by threat of violence, committed against their person or property because of their actual or perceived race, color, religion, ancestry, national origin, political affiliation, physical or mental disability, sex or sexual orientation. For the purposes of this section, "sexual orientation" shall have the definition set forth in section 62-3 of this Code. (b) The State of West Virginia has enacted legislation (found at W. Va. Code § 61-6-21(1987)) deeming certain hate crimes felonious conduct. The purpose of this article is to expand and create additional classifications against which hate crimes will not be tolerated within the city as set forth in subsections (c), (d), (e), (f) and (g) hereof. (c) If any person does by force or threat of force willfully injure, oppress, threaten, intimidate or interfere with, or attempt to injure, oppress, threaten, intimidate or interfere with any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the ordinances of the city, the Constitution or laws of the State of West Virginia or by the Constitution or laws of the United States, because of such other person's actual or perceived race, color, religion, ancestry, national origin, political affiliation, physical or mental disability, or sexual orientation, he or she shall be guilty of a misdemeanor, and upon conviction, shall be jailed not more than 30 days and fined not more than $500.00. (d) If any person conspires with another person to willfully injure, oppress, threaten, intimidate or interfere with any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the ordinances of the city, the constitution or laws of the State of West Virginia or by the Constitution or laws of the United States, because of such other person's actual or perceived race, color, religion, ancestry, national origin, political affiliation, physical or mental disability or sexual orientation and in willful furtherance thereof to assemble with one or more persons for the purpose of teaching any technique or means capable of causing property damage, bodily injury or death which such persons or person intend to employ to violate this section each such person shall be guilty of a misdemeanor and, upon conviction, shall be jailed not more than 30 days and fined not more than $500.00. (e) The fact that a person committed a felony or misdemeanor, or attempted to commit a felony or misdemeanor, because of the victim's actual or perceived race, color, religion, ancestry, national origin, political affiliation, physical or mental disability or sexual orientation shall be considered a circumstance in aggravation of any crime in imposing sentence. (f) Nothing contained in this section makes unlawful the teaching of any technique in self-defense. (g) In any prosecution under this section, (i) evidence proving the defendant's mere abstract beliefs or (ii) evidence of the defendant's mere membership in an organization, shall not be admissible to establish any element of an offense under this section, unless such evidence bears a direct relationship to the underlying crime. Thus, this subsection will not bar all evidence of membership or belief, but would assure that at a minimum, any speech or association that is not contemporaneous with the crime must be part of the chain of events that led to the crime. (h) If any part of this section is deemed unconstitutional or unenforceable, the remaining provisions will remain in effect. (Bill No. 6863, § 18-4.1, 2-4-2002; Bill No. 7427, 7-19-2010)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH78OFMIPR_ARTIINGEFetched: 11/7/2026