Metropolis City Zoning Code
CHAPTER 150
BUILDING REGULATIONS
APPENDIX A: DESIGN PROFESSIONAL SEALS
Projects involving new structures, additions or renovations require design professional services when the building size or calculated occupant load exceeds the limits indicated in the table below.
Group Classification or Special Use | Building Sizee (sq. ft.) | Calculated Occupant Loade | Architect | Engineer | Either | None |
Group Classification or Special Use | Building Sizee (sq. ft.) | Calculated Occupant Loade | Architect | Engineer | Either | None |
Assembly | – | 100a | X | X | – | – |
Business | 10,000 | 10 | X | X | – | – |
Educational | Any size | Any size | X | X | – | – |
Factory and Industrial | 20,000 | – | – | – | X | – |
High Hazard | Any size | Any size | – | – | X | – |
Institutional | Any size | Any size | X | X | – | – |
Mercantile | – | 100 | X | X | – | – |
Residential | 4 dwelling units | 15g | X | X | – | |
Storagee | 20,000 | – | – | – | X | – |
Special Uses | ||||||
Church Buildingsf | 6,000 | 400 | X | X | – | – |
Day Care | 3,500 | 100b | X | X | – | - |
Farm Structures | Any size | Any size | – | – | – | X |
Mixed Uses | Note c | Note c | X | X | – | X |
Smaller Buildings | Note d | Note d | – | – | – | X |
Non-building Structures | – | – | – | X | ||
a: Assembly uses having 700 square feet to 1,500 square feet may actually have calculated occupant load exceeding 100 persons depending on the specific use of assembly area. | ||||||
b: Net floor area occupied by clients is 35 square feet per client and calculated occupant load is actually client load. | ||||||
c: Buildings having 2 or more different uses require both architect and engineer when the combined calculated occupant loads exceed 100 persons unless the mixed uses are exclusively used for factory, high hazard or storage. | ||||||
d: Smaller buildings of any use having total area or calculated occupant load less than specified for that use do not require design professional services. | ||||||
e: Projects involving additions to existing buildings shall include the existing building areas and/or calculated occupant loads when determining requirements for design professional services. Use the actual occupant load if it is greater than the calculated occupant load. | ||||||
f: No architect or engineer is required unless the church building size reach 6,000 total square feet and a calculated occupant load of 400 persons. | ||||||
g: The number of dwelling units shall be the determining factor except where dormitories or boarding homes are concerned. In these cases, the occupant load shall be determined by area or actual occupant load. | ||||||
All projects involving new structures, additions or renovations hall submit a site development plan for review by the City of Metropolis.
(Ord. 2006-16, passed 7-24-2006)
APPENDIX B: DEVELOPMENT PLAN REVIEW
Construction within the city limits of a new or addition to a commercial/industrial site or a residential building containing more than two units requires the approval of a development plan by the City of Metropolis. The development plan review requires that a plan be submitted by an Illinois licensed design professional (professional engineer or architect). Two (2) complete sets sealed and signed by a design professional shall be submitted
The minimum review time for plan development review is seven (7) working days.
Minimum required plan information shall be as follows (unless certain items are waived by the city):
General:
1. All plans shall be signed and sealed by an Illinois licenses design professional.
Site Development Plans:
1. An owner certification with signature(s) as follows: “I (we) do hereby certify that I am (we are) the only owner(s) of the property shown herein, and do adopt this as my (our) development for the property.”
2. A city certification to be signed by the Mayor as follows: “I do hereby certify that this development plan meets the requirements set by the City of Metropolis and is approved.”
3. Plan sheets shall be a minimum of 11"x 17" drawn to an engineers scale not to exceed 1" = 40', unless otherwise granted.
4. Plans shall clearly show graphic scale, north arrow, the name and address of the owner, developer and plan preparer and the development address.
5. A vicinity sketch, oriented in the same direction as the design scheme.
6. Site Development Layout showing specific location and arrangement, with accurate dimensions, of the following:
a. Dimensions of lot boundaries, building setbacks, existing and/or proposed easements for utilities, drainage, access, or any other purpose (identify the type of easement and recording information).
b. Footprints of existing buildings/structures, proposed buildings/structures, porches, decks, patios, loading docks, etc.
c. Existing and proposed driveways, walkways, parking areas, loading/unloading zones, ramps, or any other site improvements.
7. Size, location, height, floor area, area arrangement and use of proposed and/or existing buildings and signs.
8. Location and type of proposed refuse collection container.
a. Dumpsters require a minimum of a 10' x 30' x 8" thick concrete pad (see Standard Drawing SD-06-003).
b. If enclosed, access door must be not less than 12' wide.
9. Proposed service routes, commercial and rail traffic routes. Indicate the type of traffic control devices if applicable.
The Storm Water Management Plan and support documentation shall be submitted with the site plan.
1. Site plan with the following additional information:
a. Pre-development and post-development conditions, such as buildings, structures, driveways, parking areas, impervious areas, etc.
b. Indicate existing and proposed contours and/or elevations of the site. Surface drainage flow lines shall be depicted. Identify all key spot elevations indicating peaks, valley, high points, flow line of gutter at entrance locations, edge of pavement adjoining the site, etc. Show any contributing drainage areas that may affect the site drainage pattern. This information is vital to the review process of the storm water management facilities.
c. Depict the proposed drainage network for this entire development, including surface drainage flow lines, drop box inlets/catch basins, all existing and proposed pipe sizes, type flow direction, open channels, and the proposed connection point to the City’s storm network.
d. Location, dimensions and design details required for the construction of all facilities.
e. Proposed location of storm water detention system and emergency spillways.
f. Location of property corners and other necessary reference markers placed on the property by a competent land surveyor.
2. All calculations, assumptions and criteria used in the design of the storm water management facilities.
3. A description of the operation and maintenance needs for the storm water management facilities.
4. All information relative to the design and operation of emergency spillways.
5. Project specifications relative to erosion and sedimentation control. Refer to the Illinois Environmental Protection Agency for design guidelines associated with erosion and sediment control.
6. Evidence of the recording of all privately owner storm water deed restrictions, easements, and rights-of-way.
7. Written certification to the City stating ownership, operation and maintenance responsibilities for all privately owned storm water management control structures during and after development.
8. The construction of all Storm Water Management Facilities must be certified to be constructed according to the approved plans by a licensed design professional prior to issuance of a building occupancy permit.
Amendments to approved development plans can be made only by the same procedure required for original submission. However, minor amendments which fully meet the requirements set forth hereinafter may be approved and certified by City Planning and Zoning without further action.
10. Lighting plan (include special provisions or details for developments located in or adjacent to residential districts).
11. Existing and proposed site utilities, depicting accurate locations of mains, service lines and utility connection points including but not limited to domestic water, fire mains or services, sanitary sewer, natural gas, electric and communications.
12. Areas of existing trees including those located along fence rows and drainage areas.
13. Screening, landscaping, buffering, recreational and other open space areas including notes on landscaping materials used.
14. Existing and proposed topography with contour intervals not greater than two (2) feet.
15. Storm drainage areas, floodplains, retention/detention areas and other designated environmentally sensitive or geologic hazard areas.
16. Soil erosion and sedimentation control plan to be approved by the City for project of one (1) or more acres. The Storm Water Pollution Prevention Plan (SWPP) shall be submitted to the City for review.
17. A Site Development Summary of all pertinent site data including:
a. Site address
b. Zoning district
c. Minimum yard requirements
d. Building summary including floor areas, building height, number of stories, lot coverage, building use
e. Parking summary including tabulations of parking requirements and provided parking
f. Flood plain and/or flood zone note.
Boundary survey:
1. Show a plat of a boundary survey prepared according to the Illinois Minimum Standards as set forth in Section 1270.56 of the Rules for the Administration of the Illinois Professional Land Surveyor Act of 1989. The plat survey shall be dated and signed and sealed by the Illinois Professional Land Surveyor.
Stormwater Management Plan:
If the development will have 10,000 square feet or more of impervious surface, a Storm Water Management Plan shall be prepared by and Illinois licensed design professional. The Storm Water Management Plan shall provide for properly sized storm water conveyance facilities capable of controlling increased runoff relative to its developed condition. Storm water management facilities shall be designed to retain the difference in the pre-development and post-development ten-year 24-hour storm event.
(Ord. 2006-16, passed 7-24-2006)
§ 150.01 PERMIT REQUIRED.
It shall be unlawful to construct or alter any building or structure in the city where the cost of such construction or alteration exceeds $100, or where the bearing walls of any building, structure, or the roof thereof is rebuilt or relocated without first securing a permit therefor.
(1977 Code, § 9-1-1) Penalty, see § 10.99
§ 150.02 APPLICATIONS.
Applications for such permits shall be made to the City Clerk and shall be accompanied by plans and specifications in duplicate showing the work to be done; the plans shall be verified by the signature of either the owner of the premises or by the architect or contractor in charge of operations.
(1977 Code, § 9-1-2) Penalty, see § 10.99
§ 150.03 APPROVAL OF PLANS.
The applications with the plans shall be referred to the Building Inspector who shall examine the same to determine whether the proposed operations will comply with code and ordinance provisions relating thereto. Upon approval, one set of plans shall be returned by the Building Inspector. No permit shall be issued except after approval of the plans and payment of the fee herein provided for.
(1977 Code, § 9-1-3)
§ 150.04 FEES.
The fees for building permits required where new structures are built or exterior additions or changes are made to existing buildings are as follows: $.03 per square foot of space for single-family dwellings with the minimum fee being $5 and the maximum fee being $400.
(1977 Code, § 9-1-4) Penalty, see § 10.99
§ 150.05 VARIATIONS.
It shall be unlawful to vary materially from the approved plans and specifications deposited with and approved by the Building Inspector unless amended plans and specifications showing such proposed alterations or variations are first filed with and approved by the Inspector. If the variations involve an increase in the total cost of the work, a statement to this effect shall be made and the necessary additional fee shall be paid.
(1977 Code, § 9-1-5) Penalty, see § 10.99
§ 150.06 BUILDING CODE ADOPTED.
A certain document, three copies of which are on file in the office of the City Clerk, being marked and designated as The International Building Code (IBC), 2003, as published by the Building Officials and Code Administrators International, Inc., as the same has been or may hereafter be amended, from time to time, is adopted as the Building Code of the city for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the IBC, 2003, are referred to, adopted, and made a part hereof as if fully set out in this section. In the event that a penalty provision is not provided by the IBC, 2003 in regard to any violation of the code that may hereafter occur, then the terms and provisions of §
10.99
shall apply.
(Ord. 93-27, passed 8-23-1993) Penalty, see § 10.99
§ 150.07 ENFORCEMENT OF PROVISIONS.
It shall be the duty of the Building Inspector and any lawfully appointed deputies to enforce the provisions of this chapter. The Building Inspector is hereby empowered to make inspections as may be necessary to see to the enforcement of these provisions and to make any tests or examinations of materials or methods to be used for the purpose of seeing if they comply with the requirements of this chapter.
(1977 Code, § 9-1-9)
§ 150.08 NIGHT OPERATIONS.
No construction or altering operations shall be carried on in the night time if the same are accompanied by loud noises, unless approved by the Mayor.
(1977 Code, § 9-3-2) Penalty, see § 10.99
§ 150.09 SAFEGUARDS.
It shall be the duty of the person or corporation doing any construction, altering, or wrecking work in the city to do the same with proper care for the safety of persons and property. Warnings, barricades, and lights shall be maintained whenever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians.
(1977 Code, § 9-3-4) Penalty, see § 10.99
§ 150.10 PROPERTY MAINTENANCE CODE.
A certain document, three copies of which are on file in the office of the City Clerk of the City of Metropolis, Illinois, having been placed on file for a period of 15 days prior to adoption of this section, being marked and designated as the BOCA (Building Officials and Code Administrators) National Property Maintenance Code/1996, as the same may hereafter be amended from time to time by the Building Officials and Code Administrators International, Inc., be and the same is hereby adopted by reference as and henceforth shall be known as the Metropolis Property Maintenance Code; any reference therein to Code shall be deemed to indicate and mean the Metropolis Property Maintenance Code; and each and all of the provisions, terms, conditions, enumerations, and penalties thereof, as the same may hereafter be amended by the Building Officials and Code Administrators International, Inc., are hereby adopted by reference thereto and made a part hereof as if fully set out in this chapter. In the event that a penalty provision is not completed or is not provided for by the BOCA National Property Maintenance Code in regard to any violation of the Code that may hereafter occur, or if any such penalty is provided but, for any reason, it is determined to be inapplicable, then the terms and provisions of the general penalty provisions of the Revised Code of the City of Metropolis shall be applicable and shall be applied.
(Ord. 2001-1, passed 2-12-2001)
§ 150.11 DEMOLITION PERMITS.
(A) Demolition permits issued by the city shall be valid for a maximum of 90 calendar days following issuance.
(B) Persons acquiring demolition permits shall be required to commence demolition activities within 30 days of issuance of a demolition permit and complete demolition and removal activities pursuant to said permit within 90 days from the date of issuance.
(C) For good cause shown, the Mayor of the City of Metropolis may extend a demolition permit by no more than 30 additional calendar days.
(D) Any person, firm, or corporation obtaining a demolition permit from the city who shall fail to demolish and remove any building, fence or other manmade structure for which a demolition permit was issued within the time permitted herein shall be guilty of a violation of this section. A separate violation of this section shall be deemed to occur on each day that such building, fence, or manmade structure continues to exist or upon which the debris therefrom remains on the property beyond the period of the demolition permit.
(E) A violation of this section shall be punished as an ordinance violation. The penalty for a violation of this section shall be a fine of not less than $75 plus court costs and not more than $750 plus court costs.
(F) All demolition permits issued prior to the adoption of this section shall remain in effect for the period of time stated in the permit.
(Ord. 2006-15, passed 7-24-2006)
§ 150.12 DESIGN PROFESSIONAL SEALS AND SITE DEVELOPMENT PLANS.
(A) For projects built within the city, or within one and one-half miles of the boundaries of the city, involving new structures, additions, or renovations, the use of design professional services and the attachment to building permit applications of a design professional’s seal shall be utilized and shall be required when the building size or the calculated occupant load exceeds the limits described in the table contained in Appendix A, which is attached hereto and incorporated herein by reference. Further that the terms and conditions of Appendix A are hereby adopted as rules and regulations of the city.
(B) All projects commenced in the city or within one and one-half miles thereof, involving new structures, additions, or renovations shall submit a site development plan for review and approval by the city.
(C) The minimum required plan information shall be that which is set forth in the Development Plan Review Standards, which is attached as Appendix B and incorporated herein by reference as if though fully set forth herein and such Review Standards are hereby adopted and approved.
(D) The city hereby adopts the International Code Congress family of codes, 2003 edition and any subsequent amendments to such edition for all construction in the city within one and one-half miles thereof. The Mayor, Building Official, Ordinance Officer or their designee shall be responsible for the enforcement of this section.
(E) Copies of the codes mentioned in division (D) shall be made available for public inspection in the Metropolis City Clerk’s Office, Metropolis Mapping Department, and the Metropolis Public Library.
(F) No building permit shall be issued for; no construction shall be commenced upon; and no utilities shall be furnished to the premises of any new structure, addition, or renovation until the owner or developer of the project shall submit proof to the city of compliance with the terms and conditions of this section.
(Ord. 2006-16, passed 7-24-2006)
§ 150.20 DANGEROUS BUILDING DEFINED; DECLARED PUBLIC NUISANCE.
(A) Definition. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Any building, shed, fence, or other manmade structure that meets the following conditions:
(a) Which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to the health of the occupants of it or of neighboring structures;
(b) Which, because of faulty construction, age, lack of proper repair, or any other cause, is especially liable to fire and constitutes or creates a fire hazard;
(c) Which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of the structure;
(d) Which, because of its condition or lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of the structure; or
(e) Which has or may be damaged by fire, decay, or other cause to an extent which, because of its condition, renders the same dangerous to the public health or safety.
Any such dangerous building in the city is hereby declared to be a nuisance.
(1977 Code, § 9-2-1) (Am. Ord. 92-17, passed 6-8-1992)
§ 150.21 PROHIBITION.
It shall be unlawful to maintain or permit the existence of any dangerous building in the city, and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy the building or permit it to be occupied while it is or remains in a dangerous condition.
(1977 Code, § 9-2-2) Penalty, see § 10.99
§ 150.22 UNLAWFUL TO USE BUILDING WHICH FAILS TO MEET FIRE SAFETY REGULATIONS.
It shall be unlawful to continue to use or to occupy any building, structure, or place which does not comply with the applicable provisions of this code and any other ordinance of the city intended to prevent a disastrous fire or loss of life in case of fire, until the changes, alterations, repairs, or requirements found necessary to place the building in a safe condition shall have been made.
(1977 Code, § 3-8-12) Penalty, see § 10.99
§ 150.23 SPECIFICATIONS OF BUILDINGS WITHIN FIRE LIMITS.
No structure or building of any kind or description shall be erected or constructed within the fire limits set out above, unless the outside and party walls thereof shall be composed of brick, stone, or other incombustible material, and all buildings which shall or may be erected or constructed within the limits shall have outside walls of not less than eight inches in thickness; and if a building shall be more than two stories high above the basement, the outside walls of the first story and basement shall not be less than eight inches in thickness; and the walls above the first story shall not be less than six inches in thickness; provided, however, that any wooden structure or building not exceeding eight square feet and eight feet high may be erected within the fire limits as herein above described.
(1977 Code, § 3-8-16) Penalty, see § 10.99
§ 150.24 WOODEN BUILDINGS EXISTING PRIOR TO CREATION OF FIRE LIMITS MAY REMAIN.
Any wooden building or part of any wooden building within the fire limits herein described shall not be razed or enlarged; nor shall any wooden building, or part of any wooden building within the fire limits be removed to any other place within the limits; nor shall any such building be removed into the fire limits; nor shall any wooden building within the fire limits which may become damaged to the extent of 50% of the value thereof by fire or other casualty be repaired or rebuilt; nor shall any such building, when the damage thereto is less than 50% of its value, be repaired in such manner as to be in better condition or state of repair than before such damage, or to occupy greater space than before the injury thereto, and the extent of the damage that may be done to any such building, by fire or other casualty, shall be determined by three disinterested citizens of the city, one of whom shall be selected by the owner of the building, or his or her agent, one by the Mayor, and the two thus chosen shall select a third, and the decision of the appraisers so chosen shall be final and conclusive.
(1977 Code, § 3-8-17) Penalty, see § 10.99
§ 150.25 WOODEN BUILDINGS DEEMED A NUISANCE.
Any wooden building or part of any wooden building which may be erected, enlarged, removed, or repaired contrary to the provisions to this code shall be deemed a nuisance and upon information of such violation, the Chief of the Fire Department shall give due and reasonable notice to the owner or builder thereof to remedy, abate, or remove the same or such part thereof, as may be necessary and upon his or her failure to comply with such notice, shall, by an order in writing, request the Police Department to remove or tear down the building, or such part thereof as may be necessary, and the Chief of the Police Department shall report the costs and expenses of the removal, under oath, to the City Council and such costs and expenses may be collected from the owner or builder of such building liable therefor by suit in the name of the city before any court having jurisdiction thereof.
(1977 Code, § 3-8-18) Penalty, see § 10.99
§ 150.26 CHIMNEYS AND FLUES TO BE OF INCOMBUSTIBLE MATERIAL.
All chimneys and flues shall be built of brick, stone, or other incombustible material and shall be so constructed as to be fireproof, and the Chief of the Fire Department, or any person authorized by him or her, shall have authority to cause such change to be made in the construction of chimneys and flues, as may be necessary to make them fireproof.
(1977 Code, § 3-8-20) Penalty, see § 10.99
§ 150.27 ABATEMENT.
(A) Whenever the Building Inspector, Fire Chief, or the Health Officer shall be of the opinion that any building or structure in the city is a dangerous building, he or she shall file a written statement to this effect with the City Clerk. The City Clerk shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by registered mail, first class mail, or by personal service. The notice shall state that the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied at once. The notice may be in the following form:
“To (Owner-occupant of premises) of the premises known and described as
.
You are hereby notified that (describe building) on the premises above described has been condemned as a nuisance and a dangerous building after inspection by .
The causes for this decision are (here insert the facts as to the dangerous condition).
You must remedy this condition or demolish the building immediately, or the City will proceed to do so.”
(B) If the person receiving the notice has not complied therewith or taken an appeal from the determination of the officer or employee finding that a dangerous building exists within 15 days from the time when this notice is served upon such person by personal service or by first class or registered mail, the Fire Chief or Building Inspector may, upon orders of the City Council, commence proceedings to remedy the condition or demolish the dangerous building, and to recover all costs thereof, in accordance with ILCS Ch. 65, Act 5, § 11-31-1, which is incorporated herein by reference.
(1977 Code, § 9-2-3) (Am. Ord. 89-9, passed 6-12-1989; Am. Ord. 92-17, passed 6-8-1992)
§ 150.35 PERMIT REQUIRED.
No plumbing shall be installed in any place in the city unless a permit therefor is first obtained. Applications for such permits shall be made to the City Clerk and shall state thereon the name of the person or contractor intended to have charge of the installation.
(1977 Code, § 9-5-1) Penalty, see § 10.99
§ 150.36 FEES.
The fees for such permits shall be $2 for the first unit and $1 for each additional unit included in the system. A UNIT shall mean sink, bowl, shower, tub, wash rack, urinal, or other fixture.
(1977 Code, § 9-5-2)
§ 150.37 INSPECTIONS.
The Building Inspector shall make or cause to be made such inspections as may be necessary to insure compliance with the provisions of this chapter.
(1977 Code, § 9-5-3)
§ 150.38 TESTS.
All plumbing fixtures shall be subjected either to the air or water test under the supervision of the Building Inspector.
(1977 Code, § 9-5-4) Penalty, see § 10.99
§ 150.39 NEW PLUMBING; EXPOSURE FOR INSPECTION.
In all buildings hereafter erected, both public and private, and in all buildings already built or erected wherein any sewer connected pipe shall be repaired or changed, except for minor repairs, on the sewer side of the trap, the drain, the soil, rainwater, and other pipe or pipes connected directly or indirectly to any drain, soil, or waste pipe, and all traps, shall be exposed to view for inspection and test by the Building Inspector and shall not be covered until such test is made.
(1977 Code, § 9-5-5) Penalty, see § 10.99
§ 150.40 SEPARATE DRAINAGE FOR BUILDINGS.
(A) Every building shall be separately and independently connected with a public or private sewer when there is such in the street abutting on the lot occupied by such building.
(B) The entire plumbing and drainage system of every building shall be entirely separate and independent from that of any other building, except where there are two buildings on one lot, one at the rear of the other; then if there is no sewer in the alley to which the rear building can be connected, the sewer of the front building may be extended to serve the rear building.
(1977 Code, § 9-5-10) Penalty, see § 10.99
§ 150.41 STANDARDS.
All work done on any plumbing system shall be performed in an efficient and workmanlike manner, and materials used shall be standard, adequate to the purpose, and of what is generally considered standard material.
(1977 Code, § 9-5-11) Penalty, see § 10.99
§ 150.42 STANDARD PLUMBING CODE ADOPTED.
(A) Adoption of Standard Plumbing Code. The Standard Plumbing Code, being particularly the 1976 edition thereof and the whole thereof, save and except such portions as have been or may hereinafter be amended, of which not less than three copies have been and are now filed in the office of the City Clerk and the same are adopted and incorporated as fully as if set forth at length herein, and the provisions therein shall be controlling over any other sections or provisions of this code in the installation, including alterations, repairs, and replacement, of plumbing piping, fittings, fixtures, equipment, and appurtenances which may be connected to the water or sewerage system in the city.
(B) Violation. Any persons, firm, corporation, or agent who shall violate a provision of the Standard Plumbing Code or fails to comply therewith or with any of the provisions thereof, or violate a detailed statement or plan submitted and approved thereunder, shall be guilty of a violation of the Standard Plumbing Code and this code.
(1977 Code, § 9-5-12(part)) Penalty, see § 10.99