§61-9-8. Violation of Injunction or Closing Order; Trial; Penalty
In case of the violation of any injunction or closing order granted under the provisions of this article, or the commission of any contempt of court in proceedings under this article, the court, or a judge thereof in vacation, may summarily try and punish the offender. The proceedings shall conform to the practice in other […]
§61-9-9. Permanent Injunction; Tax Imposed on Property
Whenever a permanent injunction is granted against any person or persons for maintaining a nuisance as in this article defined, there shall be imposed upon such nuisance and against the person or persons maintaining the same a tax of $300: Provided, however, That such tax may not be imposed upon the personal property or against […]
§61-9-10. Notice to Collect Tax
When such nuisance has been found to exist under any equity proceedings as in this article provided, and the owner or agent of such place whereon the same has been found to exist was not a party to such proceedings and has not appeared therein, the said tax of $300 shall, nevertheless, be imposed against […]
§61-9-11. Effect of Holding Any Part of Article Unconstitutional
Should any provision or section of this article be held unconstitutional, such fact shall not be held to invalidate the other provisions and sections hereof.
§61-9-3. Suit to Enjoin; by Whom Instituted
Whenever a nuisance exists, the Attorney General of the state, the prosecuting attorney of the county wherein the same exists, or any person who is a citizen, resident or taxpayer of the county, may bring suit in equity in the name of the State of West Virginia, upon the relation of such Attorney General, prosecuting […]
§61-9-4. Venue; Procedure; Temporary Injunction; Order Closing Place; Vacation of Orders; Bond
Such suit shall be brought in the circuit court of the county in which the property is located, or in any other court of the county having equity jurisdiction. The bill of complaint and other pleadings, and all proceedings in the case, shall conform to the law of the state with respect to equity procedure […]
§61-9-5. Prima Facie Evidence of Nuisance; Prosecution of Complaint; Dismissal; Costs; Permanent Injunction
In such suit evidence of the general reputation of the place, or an admission or finding of guilt of any person under the criminal laws against prostitution, lewdness or assignation at any such place, shall be admissible for the purpose of proving the existence of such nuisance, and shall be prima facie evidence of such […]
§61-9-6. Order of Abatement; Sale of Personal Property; Renewal of Bond or Continuance of Closing Order; Release of Property; Breaking in or Entering Closed Property; Sheriff's Fees
If the existence of such nuisance be admitted or established in a suit as provided in this article, an order of abatement shall be entered as part of the decree in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not […]
§61-9-7. Nuisance Disclosed in Criminal Proceedings; Proceeds From Sale of Personal Property
In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the prosecuting attorney to proceed promptly under this article to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings of any […]
§61-9-1. Definition of Terms
For the purposes of this article the terms “place,” “person,” “nuisance” are defined as follows:” Place” shall include any building, structure, erection or place, or any separate part or portion thereof, or the ground itself; “person” shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee; ”nuisance” shall mean any place as above […]