Ordinance and Rules Committee

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Monday, May 19, 2025 at 5:30 PM. To be held in person AV ROOM #308, CITY HALL Agenda PARKING IN THE SHANKLIN GARAGE WILL BE AVAILABLE TO THE PUBLIC – FOLLOW POSTED SIGNS APPROVAL OF PREVIOUS MINUTES 1. 11-18-2024 BILLS 1. Bill No. 8053 Committee Substitute - A BILL to adjust PARKING PROHIBITED times on several streets, in order to accommodate street sweeping at a later time of day; and amending the Traffic Control Map and Traffic Control File. 2. Bill No. 8055 - A BILL to amend the Municipal Code relating to updating regulations regarding Private Outdoor Designated Areas. DISCUSSION 1. Discussion on dilapidated housing. CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of Page | 2 of  MINUTES ORDINANCE AND RULES COMMITTEE MEETING 5:45 P. M., NOVEMBER 18, 2024 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 5:45 p.m., November 18, 2024. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Becky Ceperley Joseph Jenkins Sam Minardi Emmett Pepper Absent: Other Councilmembers Present: Joe Solomon Caitlin Cook Mary Beth Hoover Jeanine Faegre Chelsea Steelhammer Shawn Taylor 1. Approval of Previous Minutes – Councilmember Annie motioned to approve the previous minutes from 8-15-2024. Councilmember Jenkins seconded the motion. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. Page | 3 of  2. Discussion of Pedestrian and Vehicle Safety Councilmember Robinson stated that the Committee has a draft version of a bill that concerns pedestrian and vehicle safety that is similar to the recently passed Wheeling ordinance. City Attorney Kevin Baker explained the bill relies on the City’s power to regulate and eliminate hazards to public health and safety by placing restrictions on how pedestrians and vehicles interact at various intersections. Subsection A sets out some findings, noting that factors (speed limit, etc.) can make an intersection more dangerous than others. The City can publish a list of these areas of concern. The document states that interaction or the exchange of items between pedestrians and occupants of vehicles hinders the flow of traffic and increases the risk of accidents. Subsection B would, among other things, prohibit a public right of way from being used in a manner that would prohibit the safe and efficient movement of people, and it would make it unlawful for any person to stand, etc. in a median of a public right of way not less than 10 feet when not in the process of crossing the road. It would prohibit any interaction between a pedestrian and a vehicle to include the transfer of any product or material. Subsection C states that it will be enforced by the Charleston Police Department, and the City may provide signs as notice. Penalties for pedestrians are: oral warning recorded for 1st offense, written warning recorded for 2nd offense, and citation and possible fine of up to $100 or community service for subsequent offenses. Penalties for drivers are: oral warning recorded for 1st offense, written warning recorded for 2nd offense, and citation and possible fine of up to $100 or community service for subsequent offenses. Baker stressed that the intent is not to impair anyone’s constitutional rights. Councilmember Minardi confirmed with Baker that, in his opinion, it would prevent “honk and wave” scenarios, such as for political campaigns. Councilmember Ceperley confirmed with Baker that this would prevent groups fundraising, such as cheerleaders’ car wash. Baker confirmed that it would be permissible on private property, such as parking lots. Councilmember Annie asked if signs displaying the proposed law would be installed in the areas designated to be areas of concern. Baker replied that the bill allows the City to publish a list of areas of concern, but the bill’s language will likely need to be changed for clarity. Councilmember Annie added that it seemed like they could either prohibit all or nothing. Councilmember Jenkins asked how the bill addresses sidewalks, and expressed concern about sidewalks being included. Baker replied that he interpreted the phrase “any public right of way” to include sidewalks. He would also not interpret a pedestrian simply waving to a passing car as a disruption to public safety. Councilmember Robinson added that walking and waving would not fit the prohibitions as described because they do not “remain” in the area. Baker agreed. Page | 4 of Councilmember Pepper added that Council had previously considered a similar bill which did not go to the floor due to First Amendment issues. He asked if there had been any new updates to the First Amendment law regarding this. Baker replied that he did not know. Councilmember Ceperley asked if Wheeling had been sued since enacting their ordinance. Baker added that he believed Wheeling based their ordinance off of another county, who did receive threats of litigation, but nothing transpired. Councilmember Pepper confirmed that roads that contained “any” as opposed to “all” of the characteristics would be included. He confirmed that a lot of the roads in the City would be covered. Councilmember Pepper added that both “interaction” and “physical interaction” are mentioned, and wondered what the difference was. Baker replied that he #3 to be an actual exchange of items. #4 talks about reaching out to exchange items. Councilmember Pepper asked if vehicle occupants could currently legally interact with other vehicle occupants. Baker replied that it seemed to be legal for one car to pass something to another car. Councilmember Pepper confirmed with Baker that there are no misdemeanor penalties in the document. Baker added that he usually advises against putting warning requirements in City Code as it is difficult for it to be consistent. Councilmember Minardi asked if section (e) would protect a person’s right to protest, etc. Baker replied that he interpreted it as clarifying that there is no intention to violate any constitutional rights. The goal is to protect public safety. Councilmember Pepper asked if the operation of the bill would be changed if the language about constitutionality was omitted. Baker replied that he did not think so. From the audience, Councilmember Cook asked what part of the bill protected constitutional rights other than that statement. Baker added that the language attempts to provide guidance to officers and any court that would enforce and interpret it. From the audience, Councilmember Steelhammer confirmed some points with Councilmembers Robinson and Minardi that a person lingering on the sidewalk to talk to another person would not be a violation, but it would if that person lingered and interacted with a vehicle. Councilmember Steelhammer pointed out that a person getting or giving directions to a vehicle (or vice versa) would be a violation. From the audience, Councilmember Faegre encouraged members to drive on the West Side to experience the dangerous situations of people standing with signs. From the audience, Councilmember Kerns added that there are many bicycle and motorized wheelchair operators going doing the road the wrong way without reflectors, causing dangerous situations. Page | 5 of Councilmember Robinson added that the bill mentions a traffic volume of 4,000 or more vehicles per through lanes. He asked if that would address in egress/ingress of areas such as Pennsylvania Avenue, etc. Baker replied that he did not know offhand which roads would qualify. He suggested they coordinate with the Traffic Engineering Director as to which roads would meet all the qualifications. Councilmember Robinson spoke to the 25 mph qualification, adding that they had discussed 40 mph in the past. Baker added that only a few roads would qualify under a 40 mph rule. Councilmember Robinson added that he would argue that the term “remain” refers to a greater period of time than tying shoes, etc., and suggested that there be a definition for that referred period of time. Councilmember Jenkins added that he didn’t think the length of time was the issue, rather the interaction between a pedestrian and a vehicle that spoke to the issue of public safety. Councilmember Robinson mentioned that verbal warnings are not usually put into Code. Baker agreed, and added that it is not really an offense if a person hasn’t been convicted. It is still someone’s first offense regardless of how many warnings they received. Councilmember Robinson confirmed with Baker that the penalty sections could be cleaned up to give officers and the CARE Team ability to help. From the audience, Councilmember Taylor added that any citizen would have the right to refuse the collecting of their information by an office for a warning. Councilmember Taylor suggested that any signage be addressed to the vehicles. Councilmember Pepper asked as to the intent of the bill. Councilmember Robinson replied that the intent is public safety, as it is a problem that is seen throughout the City. Councilmember Robinson confirmed with Baker that the bill would need sponsors and could be redrafted to be introduced at a future Council meeting. Councilmember Robinson requested that it be referred to the Ordinance and Rules Committee. Councilmember Jenkins motioned to adjourn the meeting. Meeting adjourned. Page | 6 of  Bill No. 8053, as a committee substitute Introduced in Council: Adopted by Council: April 7, 2025 Introduced by: Referred to: Emmett Pepper Planning, Streets and Traffic Committee and Ordinance and Rule Committee 1 2 Bill No. 8053 - A BILL to adjust PARKING PROHIBITED times on several streets, in 3 order to accommodate street sweeping at a later time of day; and amending the Traffic 4 Control Map and Traffic Control File, established by the City of Charleston, West 5 Virginia, two thousand and three, Traffic Laws, Section 263, Division 2, Article 4, 6 Chapter 114, to conform therewith. 7 8 WHEREAS, the East End neighborhood of Charleston has some of the highest 9 percentages of on-street parking in the city; and 10 11 WHEREAS, since 1981, the city has had weekly sweeping in the East End and has 12 restricted parking in order to accommodate that sweeping; and 13 14 WHEREAS, without restricted parking, many streets in the East End could not be 15 adequately swept, due to cars interrupting the flow of street sweepers; and 16 17 WHEREAS, the south sides of certain streets have sweeping on Tuesday mornings 18 between 9am and 12pm; and 19 20 WHEREAS, the north sides of certain streets have sweeping on Tuesday Thursday 21 mornings between 12pm and 2pm; and 22 23 WHEREAS, the current street sweeping practices are not in alignment with the traffic 24 control file; and 25 26 WHEREAS, in an effort to determine the best policy, the City has conducted outreach and 27 received input from affected residents on the best tradeoff between adequate sweeping 28 and minimal interruptions; and 29 30 WHEREAS, having sweeping during the same time of day, from 12pm to 2pm, on either 31 side of affected streets was the best outcome; and 32 33 WHEREAS, any similarly-situated blocks in the city where parked cars obstruct sweeping 34 efficacy may work with the City to determine if similar parking restrictions are merited; Page | 7 of 35 and 36 37 WHEREAS, in furtherance of the goals and objectives above, the City Council hereby 38 adopts these changes to the Traffic Control File. 39 40 41 Now, therefore, be it ordained by the Council of the City of Charleston, effective 42 June 1, 2025 April 1, 2026: 43 44 Section 1. On the northerly side of the following streets, parking is prohibited from 45 twelve o’clock p.m. until two o’clock p.m., each Tuesday, during the months of April 46 through October; parking is permitted at all other times: 47 • Virginia Street East, from Brooks Street to Greenbrier Street; and 48 • Quarrier Street, from Brooks Street to Greenbrier Street; and 49 • Lee Street, from Brooks Street to Greenbrier Street; and 50 • McClung Street, from Elizabeth Street to Sidney Avenue; and 51 • Jackson Street, from Beauregard Street to Elizabeth Street; and 52 • Lewis Street, from Brooks Street to the alley between Thompson Street and 53 Nancy Street; and 54 • Washington Street East, from Veazy Street and Michigan Street. 55 56 Section 2. On the northerly southerly side of the following streets, parking is prohibited 57 from twelve o’clock p.m. until two o’clock p.m., each Thursday, during the months of 58 April through October; parking is permitted at all other times: 59 • Virginia Street East, from Brooks Street to Greenbrier Street; and 60 • Quarrier Street, from Brooks Street to Greenbrier Street; and 61 • Lee Street, from Brooks Street to Greenbrier Street; and 62 • McClung Street, from Elizabeth Street to Sidney Avenue; and 63 • Jackson Street, from Beauregard Street to Elizabeth Street; and 64 • Lewis Street, from Brooks Street to the alley between Thompson Street and 65 Nancy Street; and 66 • Washington Street East, from Veazy Street and Michigan Street. 67 68 Section 3. On the westerly side of Margaret Street, parking is prohibited from twelve 69 o’clock p.m. until two o’clock p.m., each Thursday, during the months of April through 70 October; parking is permitted at all other times. 71 72 Section 4. The Traffic Control Map and Traffic Control File, established by the code of 73 the City of Charleston, West Virginia, two thousand and three, as amended, Traffic 74 Laws, Section 263, Division 2, Article 4, Chapter 114, shall be and hereby are 75 amended, to conform to this Ordinance. 76 77 Section 5. All prior Ordinances, inconsistent with this Ordinance are hereby 78 repealed to the extent of said inconsistency. Page | 8 of  Bill No. 8055 Introduced in Council: Adopted by Council: May 5, 2025 Introduced by: Referred to: Chad Robinson Ordinance & Rules 1 Bill No. 8055 - A BILL to amend and reenact Sections 6-151, 6-152, 6-153, 6-154, 6- 2 156, 6-157, 6-158, 6-167, 6-172, 6-177, and 6-187 or the Municipal Code of the City of 3 Charleston, as amended, relating to updating regulations regarding Private Outdoor 4 Designated Areas; incorporating state code changes authorizing qualified non-profit 5 permit holders; adjusting permit and license requirements; authorizing the City Manager 6 to adjust operation hours for Private Outdoor Designated Areas, and authorizing 7 expanded hours of operation on state and federal holidays for Private Outdoor 8 Designated Areas. 9 10 Now, therefore, be it ordained by the Council of the City of Charleston: 11 12 That Sections 6-151, 6-152, 6-153, 6-154, 6-156, 6-157, 6-158, 6-167, 6-172, 6-177, 13 and 6-187 or the Municipal Code of the City of Charleston, as amended, are hereby 14 amended and reenacted, all to read as follows: 15 16 CHAPTER 6. – ALCOHOLIC BEVERAGES. 17 ARTICLE IV. – PRIVATE OUTDOOR DESIGNATED AREAS. 18 DIVISION 1. – GENERALLY. 19 20 Sec. 6-151. – Authorization for Private Outdoor Designated Areas. 21 22 Pursuant to West Virginia Code §8-12-26, the City of Charleston hereby adopts 23 this ordinance establishing private outdoor designated areas, as described in West 24 Virginia Code § 60-7-8g and § 60-7-8h. 25 26 Sec. 6-152. – Private Outdoor Designated Area. 27 28 A Private Outdoor Designated Area includes the public property that has become 29 a legally demarcated area established by a municipal ordinance as set forth in West 30 Virginia Code §8-12-26 for the consumption of liquor, wine, nonintoxicating beer, and 31 nonintoxicating craft beer. Notwithstanding the provisions of Section 78-211 of this 32 Code, a person may possess and consume an approved open container of liquor, wine, 33 nonintoxicating beer, or nonintoxicating craft beer sold from an approved Class S4 34 special permit holder, as further detailed in this Article, outdoors within a Private 35 Outdoor Designated Area. A business operating within a Private Outdoor Designated Page | 9 of 36 Area may choose whether or not to permit people to enter its business with an approved 37 open container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer sold 38 from an approved Class S4 special permit holder. A Private Outdoor Designated Area 39 may be authorized to simultaneously host multiple qualified licenses and permit holders 40 as defined in West Virginia Code, at the discretion and with the approval of the City 41 Manager. 42 43 Sec. 6-153. – Participation in a Private Outdoor Designated Area. 44 45 (a) Any Class A, Class B, or Class S2 license qualified permit holder under West 46 Virginia Code § 60-7-8g that operates in a Private Outdoor Designated Area may apply 47 to the City Manager for the approval to participate in the sale of alcoholic beverages 48 within a Private Outdoor Designated Area. The City Manager shall review the 49 application to ensure it is complete and meets the following requirements: 50 (1) The applicant is located in an established Private Outdoor Designated 51 Area, pursuant to this Article, with a front door in compliance with all building and fire 52 codes for the safe ingress and egress of members, patrons, and guests to and from the 53 Private Outdoor Designated Area. 54 (2) The applicant has a valid city and state business license and is in good 55 standing with the city. 56 (3) The applicant has a valid Class A, Class B, or Class S2 license is a 57 qualified permit holder meeting the requirements under West Virginia Code § 60-7-8g. 58 59 (b) Any qualified non-profit permit holder under West Virginia Code § 60-7-8h 60 that elects to operate its events solely within a Private Outdoor Designated Area may 61 apply to the City Manager for the approval to participate in the sale of alcoholic 62 beverages within a Private Outdoor Designated Area. The City Manager shall review 63 the application to ensure it is complete and meets the requirements of West Virginia 64 Code § 60-7-8h. 65 66 (b) (c) Once approved by the City Manager, as indicated by a letter of approval to 67 the applicant, the license holder may apply to the West Virginia Alcohol Beverage 68 Control Administration (“WVABCA”) for a Class S4 or Class S4N special permit, as 69 detailed in West Virginia Code § 60-7-8g and § 60-7-8h, to participate in a Private 70 Outdoor Designated Area, as further detailed in this Article, in the West Virginia Code, 71 and in any applicable rules of the WVABCA. Upon approval by the WVABCA, the Class 72 S4 or Class S4N special permit holder shall notify the City Manager’s office. Any 73 business qualified permit holder that receives the approval of the City Manager and a 74 Class S4 special permit from the WVABCA may participate in a Private Outdoor 75 Designated Area. 76 77 (c) (d) Participation in a Private Outdoor Designated Area does not provide a 78 business with any authority to operate outdoor dining on the public right of way. Any 79 business interested in participating in outdoor dining shall follow the requirements of 80 Chapter 102, Article VII of this Code. A business with an approved outdoor dining area 81 that is within a Private Outdoor Designated Area may operate its outdoor dining area Page | 10 of  82 simultaneously with its participation in a Private Outdoor Designated Area. 83 84 Sec. 6-154. – Containers. 85 86 All beverages served from valid Class S4 special approve qualified permit 87 holders for consumption in a Private Outdoor Designated Area shall be served in a non- 88 glass container not greater than 16 fluid ounces, which has been approved by the City 89 Manager and the WVABCA. 90 91 Sec. 6-156. – Public Health, Safety, and Sanitation. 92 93 (a) All Private Outdoor Designated Areas shall be operated in a manner 94 consistent with all state and municipal laws. The Charleston Police Department shall be 95 responsible for ensuring compliance and may issue citations within the Private Outdoor 96 Designated Areas as necessary. The Charleston Police Department shall provide a 97 copy of any citation issued within a Private Outdoor Designated Area to the WVABCA. 98 99 (b) In addition to any public restrooms in a Private Outdoor Designated Area, 100 participating Class S4 and S4N special permit holders shall make available adequate 101 restroom facilities, whether permanent or portable, to serve their members and guests 102 during all hours of operation of the Private Outdoor Designated Area. 103 104 (c) All businesses operating within a Private Outdoor Designated Area shall 105 comply with all requirements of the Kanawha-Charleston Health Department. 106 107 (d) All participating businesses within a Private Outdoor Designated Area shall 108 make waste receptacles available during the operating hours of the Private Outdoor 109 Designated Area in a number sufficient to contain the waste generated within the area 110 and which are emptied regularly by each participating business as needed to ensure 111 availability. These waste receptacles are in addition to the City of Charleston public 112 waste receptacles in the area. 113 114 Sec. 6-157. – Revocation of City Manager Approval; and General Policy Authority. 115 116 (a) The City Manager may revoke the letter of approval of any Class S4 or S4N 117 special permit holder for violation of any law, rule or regulation, or when doing so is in 118 the interest of public safety, by sending a revocation letter to both the permit holder and 119 the WVABCA. 120 121 (b) The City Manager is authorized to create policies and procedures as 122 necessary for the efficient operation of the Private Outdoor Designated Areas, including 123 but not limited to, signage language approval, container approval, identification of 124 participating businesses and non-participating businesses, review of security plans 125 proposed to the WVABCA, the interaction and interplay between a fair or festival and 126 the Private Outdoor Designated Areas, and the duties and responsibilities of all 127 participating businesses with respect to clean up and other sanitation matters, and Page | 11 of 128 temporary reduction, expansion, or modification of the hours of a Private Outdoor 129 Designated Area to accommodate special circumstances or events. 130 131 Sec. 6-158. – Suspension of Private Outdoor Designated Area. 132 133 The City Manager has the authority to suspend the operation of a Private 134 Outdoor Designated Area immediately for any reason, including when in the interest of 135 public safety, by providing notice to all Class S4 and Class S4N special permit holders 136 within the Private Outdoor Designated Area, City Council, any business association 137 participating in the marketing or advertising of the Private Outdoor Designated Area, 138 and the WVABCA. 139 140 DIVISION 2. – CITY CENTER PODA 141 142 Sec. 6-167. – Days and Hours of Operation 143 144 The City Center PODA may operate year round on any Monday through Friday 145 from 4:00 p.m. until 10:00 p.m., and on Saturday, Sunday, and state and federal 146 holidays from 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. 147 Drinks may not be sold in PODA cups or consumed within the City Center PODA 148 outside of the hours of operation. 149 150 DIVISION 3. – BRIDGE ROAD PODA 151 152 Sec. 6-172. – Days and Hours of Operation 153 154 The Bridge Road PODA may operate year round on any Monday through Friday 155 from 4:00 p.m. until 10:00 p.m., and on Saturday, Sunday, and state and federal 156 holidays from 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. 157 Drinks may not be sold in PODA cups or consumed within the Bridge Road PODA 158 outside of the hours of operation. 159 160 DIVISION 4. – ELK CITY PODA 161 162 Sec. 6-177. – Days and Hours of Operation 163 164 The Elk City PODA may operate year round on any Monday through Friday from 165 4:00 p.m. until 10:00 p.m., and on Saturday, Sunday, and state and federal holidays 166 from 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. Drinks 167 may not be sold in PODA cups or consumed within the Elk City PODA outside of the 168 hours of operation. 169 170 DIVISION 6. – EAST END PODA 171 172 Sec. 6-187. – Days and Hours of Operation 173 Page | 12 of 174 The East End PODA may operate year round on any Monday through Friday 175 from 4:00 p.m. until 10:00 p.m., and on Saturday, Sunday, and state and federal 176 holidays from 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. 177 Drinks may not be sold in PODA cups or consumed within the East End PODA outside 178 of the hours of operation. 179 Page | 13 of