UPDATE: Elizabeth WV Yard Sale Ordinance Issues Continue.
Our researchers have been digging hard to find out what is going on with this situation. We have found out and confirmed with several people that there is a special meeting scheduled for 1 P.M. Tuesday, May 30, 2017. The contents of this meeting have been hard to get here is what we know. There is discussion of the council and the mayor looking at a way to make it the duty of the magistrate to oversee the court duties of the municipality. There is also word coming in that they are looking at hiring a city police officer to enforce the ordinances of the town.
This part is only rumor we CANNOT CONFIRM:
We have been told that the officer they are looking to hire is one that has been fired from another police force in a surrounding county.
On May 12th we brought you news that a small town here in West Virginia had garnered national attention from the Facebook page GOPReload. GOPReload reported “Town issues long list of restrictions against personal sales. Citizens must now apply for a permit. Residents warned that City Police will be called for yard sale offenders.”
Small town WV making national headlines? We have confirmed from several residents of the area that this is an official rule in the books. A copy can be obtained from the Town of Elizabeth, West Virginia
We were informed earlier today that the Wirt County Commission had been asked if they were going to start hearing complaints about the ordinance by Magistrate Dave Roberts. We have now obtained a copy of the Wirt County Journal that lays out everything that was said in the meeting earlier today.
We have also learned through interviews and phone calls that the Town of Elizabeth does not even have “City Police Officer” to enforce such regulations. We also learned that the town does not have a municipal judge to preside in any court cases that may arise from any town regulation. WV State Code §8-10-2 clearly lays out the duties and responsibilities of a municipal judge. WV State Code §8-10-2a also lays out the workings of a municipal court. It is our understanding that the county level magistrate court would have no jurisdiction to enforce fines or penalties assigned by an ordinance at the “city” level.
It would appear to us that the Town of Elizabeth would need to get a municipal court and city police force in place before issuing ordinances that can not be enforced.