The fact that an ordinance vests in the governing body or some other body or officer a discretion to do, or refuse to do, a given thing, shall not invalidate such ordinance when it would be impracticable to lay down by ordinance for all cases a uniform guide for exercising such discretion. This section shall not be construed to mean that a delegation of discretion in any other case shall necessarily invalidate an ordinance. However, if, in any case, a delegated discretion is exercised in an arbitrary or discriminatory manner, such ordinance, as so applied, shall be unlawful and void.
Structure West Virginia Code
Chapter 8. Municipal Corporations
Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures
§8-11-1b. Additional Costs in Certain Criminal Proceedings
§8-11-2. Validity of Ordinances Delegating Discretion
§8-11-3. Cases Requiring Enactment of Ordinance
§8-11-5. Prejudgment Alternative Disposition of Certain Traffic Offenses