Code of Ordinances
CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY
Section
10.01 Short titles
10.02 Definitions
10.03 Rules of construction
10.04 Computation of time
10.05 Majority may act for all; authorized agent
10.06 Writings and signatures
10.07 Severability
10.08 Revivor
10.09 Rights and liabilities accruing before repeal of ordinance
10.10 Construction of section references
10.11 Ordinances repealed
10.12 Ordinances unaffected
10.13 Ordinances saved
10.14 Amendments to code; amendatory language
10.15 Conflicting provisions
10.16 Reference to offices
10.17 Errors and omissions
10.18 Historical and statutory references
10.99 General penalty
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§ 10.01 SHORT TITLES.
(A) All ordinances of a permanent and general nature of the city as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the Plantation Code, for which designation "codified ordinances" or "code" may be substituted. Code, title, chapter, and section headings do not constitute any part of the law as contained in the code.
(KRS 446.140)
(B) All references to codes, titles, chapters, and sections are to those components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the "traffic code." Sections may be referred to and cited by the designation "§" followed by the number, such as "§ 10.01." Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.02 DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTION. Includes all proceedings in any court of this state.
(KRS 446.010(1))
AND. May be read OR, and OR may be read AND, if the sense requires it.
ANIMAL. Includes every warm-blooded living creature except a human being.
(KRS 446.010(2))
CATTLE. Includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex.
(KRS 446.010(6))
CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. When used in this code, shall denote the City of Plantation, irrespective of its population or legal classification.
COMPANY. May extend and be applied to any corporation, company, person, partnership, joint stock company, or association.
(KRS 446.010(7))
CORPORATION. May extend and be applied to any corporation, company, partnership, joint stock company, or association.
(KRS 446.010(8))
COUNCIL. The City Council of Plantation.
(KRS 83A.010(3))
COUNTY. Jefferson County, Kentucky.
CRUELTY. As applied to animals, includes every act or omission whereby unjustifiable physical pain, suffering, or death is caused or permitted.
(KRS 446.010(9))
DIRECTORS. When applied to corporations, includes managers or trustees.
(KRS 446.010(10))
DOMESTIC. When applied to corporations, partnerships, limited partnerships, or limited liability companies, means all those incorporated or formed by authority of this state.
(KRS 446.010(11))
DOMESTIC ANIMAL. Any animal converted to domestic habitat.
(KRS 446.010(12))
EXECUTIVE AUTHORITY. The Council.
(KRS 83A.010(6))
FEDERAL. Refers to the United States.
(KRS 446.010(13))
FOREIGN. When applied to corporations partnerships, limited partnerships, or limited liability companies, includes all those incorporated or formed by authority of any other state.
(KRS 446.010(14))
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent, or employee.
KRS. Kentucky Revised Statutes.
LAND or REAL ESTATE. Includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest.
(KRS 446.010(18))
LEGISLATIVE BODY. The City Council.
(KRS 91A.010(8))
LEGISLATIVE BODY MEMBER. A City Council member.
(KRS 83A.010(8))
MAY. The act referred to is permissive.
(KRS 446.010(20))
MONTH. Calendar month.
(KRS 446.010(21))
MUNICIPALITY. The City of Plantation, Kentucky.
OATH. Includes AFFIRMATION in all cases in which an affirmation may be substituted for an OATH.
(KRS 446.010(22))
PARTNERSHIP. Includes both general and limited partnerships.
(KRS 446.010(24))
PEACE OFFICER. Includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, police officers, and other persons with similar authority to make arrests.
(KRS 446.010(25))
PERSON. May extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability companies.
(KRS 446.010(27))
PERSONAL PROPERTY. Includes all property except real.
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates and interests.
PUBLIC AUTHORITY. Includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
REGULAR ELECTION. The election in even-numbered years at which members of Congress are elected, and the election in odd-numbered years at which state officers are elected.
(KRS 446.010(29))
SHALL. The act referred to is mandatory.
(KRS 446.010(30))
SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE. The State of Kentucky.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the city.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
SWORN. Includes AFFIRMED in all cases in which an affirmation may be substituted for an oath.
(KRS 446.010(33))
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
VACANCY IN OFFICE. Exists when there is an unexpired part of a term of office without a lawful incumbent therein, when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law; it applies whether the vacancy is occasioned by death, resignation, removal from the state, county, city, or district, or otherwise.
(KRS 446.010(35))
VIOLATE. Includes failure to comply with.
(KRS 446.010(36))
YEAR. Calendar year.
(KRS 446.010(38))
' 10.03 RULES OF CONSTRUCTION.
(A) Singular includes plural. A word importing the singular number only may extend and be applied to several persons or things, as well as to 1 person or thing, and a word importing the plural number only may extend and be applied to 1 person or thing as well as to several persons or things. (KRS 446.020(1))
(B) Masculine includes feminine. A word importing the masculine gender only may extend and be applied to females as well as males.
(KRS 446.020(2))
(C) Liberal construction. All sections of this code shall be liberally construed with a view to promote their objects and carry out the intent of City Council.
(KRS 446.080(1))
(D) Retroactivity. No ordinance shall be construed to be retroactive, unless expressly so declared.
(KRS 446.080(3))
(E) Technical terms. All words and phrases shall be construed according to the common and approved usage of language, but technical words and phrases, and others as may have acquired a peculiar and appropriate meaning in the law, shall be construed according to that meaning.
(KRS 446.080(4))
' 10.04 COMPUTATION OF TIME.
(A) In computing any period of time prescribed or allowed by order of court, or by any applicable ordinance or regulation, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, a legal holiday, or a day on which the public office in which a document is required to be filed is actually and legally closed, in which event the period runs until the end of the next day which is not one of the days just mentioned. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(B) When an ordinance, regulation, or order of court requires an act to be done either a certain time before an event or a certain time before the day on which an event occurs, the day of the event shall be excluded in computing the time. If the day thereby computed on which or by which the act is required to be done falls on a Saturday, Sunday, legal holiday, or a day on which the public office in which the act is required to be completed is actually and legally closed, the act may be done on the next day which is none of the days just mentioned.
(C) If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act shall be done, on the next day that is not a legal holiday.
(KRS 446.030)
(D) In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, reasonable time or notice shall mean the time only as may be necessary for the prompt performance of the duty or compliance with the notice.
' 10.05 MAJORITY MAY ACT FOR ALL; AUTHORIZED AGENT.
(A) Words giving authority to 3 or more public officers or other persons shall be construed as giving the authority to a majority of the officers or other persons.
(KRS 446.050)
(B) When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include those acts when done by an authorized agent.
§ 10.06 WRITINGS AND SIGNATURES.
(A) When this code requires any writing to be signed by a party thereto, it shall not be deemed to be signed unless the signature is subscribed at the end or close of the writing.
(B) Every writing contemplated by this code shall be in the English language.
(KRS 446.060)
§ 10.07 SEVERABILITY.
It shall be considered that it is the intent of City Council in enacting any ordinance, that if any part of the ordinance be held unconstitutional the remaining parts shall remain in force, unless the ordinance provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that City Council would not have enacted the remaining parts without the unconstitutional part; or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of City Council.
(KRS 446.090)
§ 10.08 REVIVOR.
(A) A repealed ordinance without a delayed effective date is revived when the ordinance that repealed it is repealed by another ordinance enacted at the same meeting of City Council.
(B) A repealed ordinance with a delayed effective date is revived by the enactment of a repealer of the ordinance that repealed it at the same or any subsequent meeting of City Council as long as it takes effect prior to the effective date of the original repealer.
(C) An amended ordinance without a delayed effective date remains unchanged with respect to an amendment which is repealed at the same meeting of City Council which enacted the amendment.
(D) An amended ordinance with a delayed effective date remains unchanged with respect to that amendment if the ordinance making the amendment is repealed at the same or at a subsequent meeting of City Council, as long as the repealing ordinance takes effect prior to the effective date of the original amendment.
(E) No other action of City Council repealing a repealer or an amendment shall have the effect of reviving the original language of the repealer or amendment as the case may be.
(KRS 446.100)
§ 10.09 RIGHTS AND LIABILITIES ACCRUING BEFORE REPEAL OF ORDINANCE.
No new ordinance shall be construed to repeal a former ordinance as to any offense committed against a former ordinance, nor as to any act done, or penalty, forfeiture, or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any offense or act so committed or done, or any penalty, forfeiture, or punishment so incurred, or any right accrued or claim arising before the new ordinance takes effect, except that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of the proceedings. If any penalty, forfeiture, or punishment is mitigated by any provision of the new ordinance, the provision may, by the consent of the party affected, be applied to any judgment pronounced after the new ordinance takes effect.
(KRS 446.110)
§ 10.10 CONSTRUCTION OF SECTION REFERENCES.
(A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.
(B) References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code.
(C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
§ 10.11 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
§ 10.12 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.13 ORDINANCES SAVED.
Whenever an ordinance by its nature either authorizes or enables the City Council, or a certain city officer or employee, to make additional ordinances or regulations for the purpose of carrying out the intent of the ordinance, all ordinances and regulations of a similar nature serving the purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
§ 10.14 AMENDMENTS TO CODE; AMENDATORY LANGUAGE.
(A) Any chapter, section, or division amended or added to this code by ordinances passed subsequent to this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein. Any chapter, section, or division repealed by subsequent ordinances may be excluded from this code by omission from reprinted pages. Subsequent ordinances as printed or omitted shall be prima facie evidence of the subsequent ordinances until City Council shall adopt a new code of ordinances.
(B) The method of amendment set forth in § 32.37 should be used by the city to amend, add, or repeal a chapter, section, or division of this code of ordinances.
§ 10.15 CONFLICTING PROVISIONS.
(A) If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail.
(B) If the conflicting provisions bear the same passage date, the conflict shall be so construed as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
§ 10.16 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 10.17 ERRORS AND OMISSIONS.
(A) If a manifest error be discovered, consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intention, the spelling shall be corrected, and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published.
(B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.18 HISTORICAL AND STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example:
(Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) If a KRS cite is included in the history, this indicates that the text of the section reads word-for-word the same as the statute. Example:
(KRS 83A.090)
(C) If a KRS cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection
or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see KRS 61.870 et seq.
§ 10.99 GENERAL PENALTY.
Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty is otherwise provided, the offense shall be deemed a violation, and the offender shall be fined not more than $250 for each offense.
CHAPTER 30: MAYOR-COUNCIL FORM OF GOVERNMENT
Section
30.01 Form of government
30.02 Governing officers
§ 30.01 FORM OF GOVERNMENT.
The form of government provided for this city shall be known as the "Mayor-Council Plan."
(KRS 83A.130(1))
§ 30.02 GOVERNING OFFICERS.
(A) The city shall be governed by an elected executive who shall be called Mayor and by an elected legislative body which shall be called the City Council, and by such other officers and employees as are provided for by statute or city ordinance.
(KRS 83A.130(2))
(B) The City Council shall be composed of 6 members in cities of the fifth and sixth classes.
(KRS 83A.030(1))
CHAPTER 31: CITY OFFICIALS
Section
General Provisions
31.01 Oath; bond
31.02 Compensation
31.03 Removal from office
Elected Officials
31.20 Election procedure
31.21 Mayor
31.22 Council members
Nonelected City Officials
31.35 Establishment of nonelected city offices
31.36 City Clerk
31.37 City Treasurer
31.38 Citation Officers
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GENERAL PROVISIONS
§ 31.01 OATH; BOND.
(A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his or her office, take the following oath: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of , according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God," as established by § 228 of the Kentucky Constitution.
(B) Bond. Official bonds shall, if required, meet the standards of KRS 62.060.
§ 31.02 COMPENSATION.
(A) City Council shall establish the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected. An elected officer's compensation shall not be changed after his or her election or during his or her term of office.
(1) In order to equate the compensation of Mayors and Council members with the purchasing power of the dollar, the Department of Local Government computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with § 246 of the Constitution of Kentucky, which provides that the Mayor in cities of the first class shall be paid at a rate no greater than $12,000 per annum and Mayors in cities other than the first class and Council members shall be paid at a rate no greater than $7,200 per annum.
(2) The City Council shall set the compensation of these officers in accordance with KRS 83A.070 at a rate no greater than that stipulated by the Department of Local Government.
(B) The City Council shall fix the compensation of each appointed city officer by ordinance and may change it by ordinance.
(C) The City Council shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.
(D) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.
Case law reference:
The limits on compensation contained in the Kentucky Constitution are not absolute limits but rather increase or decrease in accordance with changes in the consumer price index. See Matthews v Allen, 360 SW2d 248 (1948).
Editor's note:
Compensation ordinances are not set forth in this code but are rather kept on file and available for public inspection in the office of the City Clerk.
Statutory reference:
Compensation, see KRS 83A.070 and 83A.075
' 31.03 REMOVAL FROM OFFICE.
(A) Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his or her office, may be removed from office by a unanimous vote of the members of the City Council exclusive of any member to be removed, who shall not vote in the deliberation of his or her removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, has the right to appeal to the Circuit Court of the county and the appeal shall be on the record. No officer so removed is eligible to fill the office vacated before the expiration of the term to which originally elected.
(B) Nonelected officers. Nonelected city officers may be removed by the Mayor at will, unless otherwise provided by state law or ordinance.
Statutory reference:
Removal of elected officers, see KRS 83A.040(9)
Removal of nonelected officers, see KRS 83A.080(3)
ELECTED OFFICIALS
' 31.20 ELECTION PROCEDURE.
(A) Election of city officers is governed by general election laws as provided in KRS Chapters 116 through 121 unless City Council otherwise prescribes by ordinance that election of city officers shall be under nonpartisan city election laws as provided in KRS Chapter 83A. Such ordinance shall become effective not later than 23 days prior to the date prescribed by the election law generally for filing notification and declaration forms with the County Clerk in a year in which a regular election is to be held in which any city office is to be filled. Immediately subsequent to publication of any ordinance prescribing that election of city officers be under nonpartisan city election laws, a copy of the ordinance shall be filed with the County Clerk of the county in which the city is located.
(B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than 5 years from the last change.
(C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally.
(D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Council members may not be abolished.
(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
(F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.
(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.
Statutory reference:
Creation, abolishment of city offices, see KRS 83A.080 (4), (5)
Election of city officers, see KRS 83A.050
' 31.21 MAYOR.
(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. A candidate for Mayor shall be a resident of the city for not less than one year prior to his or her election. His or her term of office begins on the first day of January following his or her election and shall be for 4 years and until his or her successor qualifies. If a person is elected or appointed as Mayor in response to a vacancy and serves less than four calendar years, then that period of service shall not be considered for purposes of re-election a term of office.
(B) Qualifications. The Mayor shall be at least 25 years of age, shall be a qualified voter in the city and shall reside in the city throughout his or her term of office.
(C) Vacancy. If a vacancy occurs in the office of Mayor, Council shall fill the vacancy within 30 days. If for any reason, any vacancy in the office of Mayor is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.
(KRS 83A.040(1), (2), (6))
(1) When voting to fill a vacancy in the office of Mayor, a member of the City Council shall not vote for himself or herself.
(KRS 83A.040(2)(c))
(2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his or her successor.
(KRS 83A.040(3))
(3) No vacancy by reason of a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation shall be effective at the next regular or special meeting of the city legislative body occurring after the date specified in the written letter of resignation.
(KRS 83A.040(7))
(4) If a vacancy occurs in the office of Mayor which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.
(KRS 83A.040(8))
(5) The City Council shall elect from among its members an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor in accordance with the provisions of KRS 83A.130.
(KRS 83A.040(2)(d))
(D) Powers and duties.
(1) The executive authority of the city is hereby vested in and shall be exercised by the Mayor. The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes. He or she shall supervise all departments of city government and the conduct of all city officers and employees under his or her jurisdiction and require each department to make reports to him or her as required by ordinance or as he or she deems desirable.
(2) The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.
(3) The Mayor shall report to the Council and to the public on the condition and needs of city government as he or she finds appropriate or as required by ordinance, but not less than annually. He or she shall make any recommendations for actions by the Council he or she finds in the public interest.
(KRS 83A.130(3))
(4) Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statutes or ordinances. Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city records.
(KRS 83A.130(4))
(5) Any delegation of the Mayor=s power, duties, or responsibilities to subordinate officers and employees and any expression of his or her official authority to fulfill executive functions shall be made by executive order. Executive orders shall be sequentially numbered by years and kept in a permanent file.
(KRS 83A.130(7))
(6) All bonds, notes, contracts and written obligations of the city shall be made and executed by the Mayor or his or her agent designated by executive order.
(KRS 83A.130(8))
(7) The Mayor shall be the appointing authority with power to appoint and remove all city employees, including police officers, except as tenure and terms of employment are protected by statute, ordinance or contract and except for employees of the Council.
(KRS 83A.130(9))
(8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he or she is unable to attend to the duties of his or her office by delegating responsibility for any function to be performed, in accordance with division (D)(5) above. However, the Mayor may not delegate the responsibility of presiding at meetings of the Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his or her absence under this section within 30 days of the action. If for any reason the disability of the Mayor to attend to his or her duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Council and the provisions of ' 31.21(C) shall apply.
(KRS 83A.130(10))
' 31.22 COUNCIL MEMBERS.
For provisions concerning City Council, see Chapter 32.
NONELECTED CITY OFFICIALS
' 31.35 ESTABLISHMENT OF NONELECTED CITY OFFICES.
(A) All nonelected city offices shall be created by ordinance which shall specify:
(1) Title of office;
(2) Powers and duties of office;
(3) Oath of office; and
(4) Bond, if required.
(B) A city may create nonelected offices other than those referred to in this division. For purposes of the requirements of this section, the following shall be considered nonelected offices:
(1) City Clerk;
(2) City Manager;
(3) City Administrator;
(4) Chief of Police; and
(5) Fire Chief, other than a volunteer Fire Chief.
(C) All nonelected city officers shall be appointed by the Mayor with approval of City Council. The Police Chief and all city police officers shall be appointed by the Mayor at will and such appointments need not be approved by City Council. Upon removal of a nonelected officer at will, the executive authority shall give the officer a written statement setting forth the reason or reasons for the removal. However, this requirement shall not be construed as limiting in any way the at will dismissal power of the executive authority.
(D) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance.
(KRS 83A.080)
Statutory reference:
Nonelected city offices, see KRS 83A.080(1), (3)
' 31.36 CITY CLERK.
(A) The city hereby establishes the office of the City Clerk.
(B) The office of City Clerk may, by ordinance, be combined with any other nonelected city office by inclusion of the title and duties of the office.
(C) The duties and responsibilities of the Clerk shall include, but are not limited to the following:
(1) Maintenance and safekeeping of the permanent records of the city;
(2) Performance of the duties required of the Aofficial custodian@ or Acustodian@ pursuant to KRS 61.870 through 61.882;
(3) Possession of the seal of the city if used;
(4) Act as tax collector;
(5) No later than January 31 of each year, mail to the Governor=s Office for Local Development, a list containing current city information including but not limited to the following:
(a) The correct name of the Mayor, legislative body members, and the following appointed officials who are serving as of January 1 of each year:
1. City Clerk;
2. City Treasurer;
3. City Manager;
4. City Attorney;
5. Finance Director;
6. Police Chief;
7. Fire Chief; and
8. Public Works Director.
(b) The correct name of the city, mailing address for city hall, and telephone number of the city hall; and
(c) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.;
(6) Performance of all other duties and responsibilities required of the City Clerk by statute or ordinance.
(7) The Governor=s Office for Local Development shall immediately forward one copy of the information received from each City Clerk to the Legislative Research Commission.
(KRS 83A.085(3)(d))
(D) Compensation shall be in the amount as established by the City Council from time to time as set forth in ' 31.02.
(E) No person shall be appointed or act as the City Clerk unless such person has taken the oath required by ' 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, if required, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.
' 31.37 CITY TREASURER.
(A) The Mayor shall appoint a City Clerk who shall be a resident of the city, a fifth class city within Louisville, Kentucky, and a registered voter. The city shall bond the City Treasurer.
(B) The duties of the City Treasurer shall include, but are not limited to:
(1) Reviewing all invoices for accuracy or reasonableness and processing for timely payment;
(2) Posting deposits to appropriate bank accounts;
(3) Maintaining official financial records of the city;
(4) Preparing monthly and quarterly financial reports to the City Council;
(5) Preparing documentation for annual audit; and
(6) Performing other city‑related duties as requested by the Mayor or as assigned by municipal order.
(C) In that the city does not own, rent, or lease space for an office, the City Treasurer will work from a home office using furniture, equipment and consumable office supplies provided by the city as requested by the City Treasurer. All utilities, phone and internet services used will be established as the personal services of the City Treasurer.
(Ord. 6, Series 2003-2004, passed 10-9-2003)
' 31.38 CITATION OFFICER.
(A) There is hereby created the appointed position of Citation Officer within the city and the Citation Officer shall be appointed by the Mayor, with a majority approval of the City Council, with such authority as is set out in KRS 83A.087 to enforce all city ordinances.
(B) This position will be appointed as a volunteer; there will be no compensation for this position.
(C) This section shall take effect immediately upon passage and publication as required by law.
(Ord. 4, Series 2003-2004, passed 10-9-2003)
CHAPTER 32: CITY COUNCIL
General Provisions
32.01 Members; election, qualifications, compensation
32.02 Vacancies
32.03 Powers and duties
Rules of Procedure
32.20 Mayor as Presiding Officer
32.21 Meetings
32.22 Quorum
Ordinances
32.35 One subject; title
32.36 Introduction; enacting clause
32.37 Form of amendment
32.38 Reading requirement; exception for emergency
32.39 Approval, disapproval by Mayor
32.40 Adoption of standard codes by reference
32.41 Official city records
32.42 Indexing and maintenance requirements
32.43 Publication requirements
32.44 Additional requirements for adoption may be established by city
32.45 Periodic review required
32.46 Municipal orders
32.47 Proved by Clerk; received in evidence
32.48 Legislative immunity
Cross-reference:
Mayor-Council form of government, see ' 30.01
GENERAL PROVISIONS
' 32.01 MEMBERS; ELECTION, QUALIFICATIONS, COMPENSATION.
(A) Election; term of office. Each Council member shall be elected at-large by the voters of the city at a regular election. A candidate for Council member shall be a resident of the city for not less than one year prior to his or her election. Terms of office begin on the first day of January following the election and shall be for 2 years.
(B) Qualifications. A member shall be at least 21 years of age, shall be a qualified voter in the city and shall reside in the city throughout his or her term of office.
(KRS 83A.040(4))
(C) Compensation. For provisions concerning compensation, see ' 31.02.
' 32.02 VACANCIES.
(A) Vacancies. If 1 or more vacancies on Council occur in a way that 1 or more members remain seated, the remaining members shall within 30 days fill the vacancies 1 at a time, giving each new appointee reasonable notice of his or her selection as will enable him or her to meet and act with the remaining members in making further appointments until all vacancies are filled. If vacancies occur in a way that all seats become vacant, the Governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies are filled as provided in this section.
(KRS 83A.040(5))
(1) No vacancy by reason of a voluntary resignation of a member of the City Council shall occur unless a written resignation which specifies a resignation date is tendered to the City Council. The resignation shall be effective at the next regular or special meeting of the city legislative body occurring after the date specified in the written letter of resignation.
(KRS 83A.040(7))
(2) If a vacancy occurs on the City Council which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.
(KRS 83A.040(8))
(B) Failure to fill vacancies. If for any reason, any vacancy on Council is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.
(KRS 83A.040(6))
Statutory reference:
Filling of vacancies for nonpartisan city office, see KRS 83A.175§ 32.03 POWERS AND DUTIES.
(A) The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the city. The Council may not perform any executive functions except those functions assigned to it by statute.
(KRS 83A.130(11))
(B) The Council shall establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety and welfare.
(KRS 83A.130(12))
(C) The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which provides for the orderly management of city resources.
(KRS 83A.130(12))
(D) The Council may investigate all activities of city government. The Council may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his or her official duties. Any statement required by the Council to be submitted or any investigation undertaken by the Council, if any office, department or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless and until written notice of the Council's action is given to the Mayor. The Mayor may review any statement before submission to the Council and to appear personally or through his or her designee on behalf of any department, office or agency in the course of any investigation.
(KRS 83A.130(13))
RULES OF PROCEDURE
§ 32.20 MAYOR AS PRESIDING OFFICER.
(A) The Mayor shall preside at meetings of the Council. The Council has the authority to establish, by ordinance, the manner in which 1 of its number may be selected to preside at meetings of the Council in the absence of the Mayor.
(B) The Mayor may participate in Council proceedings, but shall not have a vote, except that he or she may cast the deciding vote in case of a tie.
(KRS 83A.130(5))
Cross-reference:
Council's responsibility to select one of its own members to preside when there is vacancy in
the office of Mayor, see § 31.21
§ 32.21 MEETINGS.
(A) (1) The City Council shall meet on the fourth Monday of each month, unless that day be a legal holiday when the Council shall meet on the second Thursday of that month.
(2) The City Council shall meet at 7:00 p.m. local time for each of the regular monthly meetings.
(3) The City Council shall meet at Mother of Good Counsel, 8509 Westport Road, within the City of Plantation, for the regular monthly meetings.
(Ord. 191, passed 3-12-1990)
(B) Special meetings of the Council may be called by the Mayor or upon written request of a majority of the Council. In the call, the Mayor or Council shall designate the purpose, time and place of the special meeting with sufficient notice for the attendance of Council members and for compliance with KRS Chapter 61.
(C) At a special meeting no business may be considered other than that set forth in the designation of purpose.
(D) The minutes of every meeting shall be signed by the person responsible for maintaining city records as provided under § 31.36 and by the officer presiding at the meeting.
(KRS 83A.130(11))
§ 32.22 QUORUM.
Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.
(KRS 83A.060(6))
ORDINANCES
§ 32.35 ONE SUBJECT; TITLE.
Each ordinance shall embrace only 1 subject and shall have a title that clearly states the subject.
(KRS 83A.060(1))
§ 32.36 INTRODUCTION; ENACTING CLAUSE.
Each ordinance shall be introduced in writing and shall have an enacting clause styled "Be it ordained by the City of Plantation."
(KRS 83A.060(2))
§ 32.37 FORM OF AMENDMENT.
No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line drawn underneath them, and any words being deleted by a single broken line drawn through them.
(KRS 83A.060(3))
' 32.36 INTRODUCTION; ENACTING CLAUSE.
Each ordinance shall be introduced in writing and shall have an enacting clause styled ABe it ordained by the City of Plantation.@
(KRS 83A.060(2))
' 32.37 FORM OF AMENDMENT.
No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line drawn underneath them, and any words being deleted by a single broken line drawn through them.
(KRS 83A.060(3))
' 32.38 READING REQUIREMENT; EXCEPTION FOR EMERGENCY.
(A) Except as provided in division (B) of this section, no ordinance shall be enacted until it has been read on 2 separate days. The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.
(B) In an emergency, upon the affirmative vote of 2/3 of the membership, the Council may suspend the requirements of second reading and publication in order for an ordinance to become effective by naming and describing the emergency in the ordinance. Publication requirements of ' 32.43 shall be complied with within 10 days of the enactment of the emergency ordinance.
(KRS 83A.060(4), (7))
' 32.39 APPROVAL, DISAPPROVAL BY MAYOR.
(A) All ordinances adopted by the Council shall be submitted to the Mayor who, within 10 days after submission, shall either approve the ordinance by affixing his or her signature or disapprove it by returning it to the Council together with a statement of his or her objections.
(B) No ordinance shall take effect without the Mayor=s approval unless he or she fails to return it to the legislative body within 10 days after receiving it or unless the Council votes to override the Mayor=s veto, upon reconsideration of the ordinance not later than the second regular meeting following its return, by the affirmative vote of 1 more than a majority of the membership.
(KRS 83A.130(6))
' 32.40 ADOPTION OF STANDARD CODES BY REFERENCE.
The Council may adopt the provisions of any local, statewide or nationally recognized standard code and codifications of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city.
(KRS 83A.060(5))
' 32.41 OFFICIAL CITY RECORDS.
(A) Every action of the Council is hereby made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the Council shall be entered on the official record of the meeting.
(B) The Council has provided, under the provisions of '' 31.36(C) and 32.42, for the maintenance and safekeeping of the permanent records of the city. The City Clerk and the presiding officer shall sign the official record of each meeting.
(KRS 83A.060(8))
' 32.42 INDEXING AND MAINTENANCE REQUIREMENTS.
At the end of each month, all ordinances adopted in the city shall be indexed and maintained by the City Clerk in the following manner:
(A) The city budget, appropriations of money and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.
(B) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and maintained in this code of ordinances.
(KRS 83A.060(8))
' 32.43 PUBLICATION REQUIREMENTS.
(A) Except as provided in ' 32.38(B), no ordinance shall be effective until published pursuant to KRS Chapter 424.
(B) Ordinances may be published in full or in summary as designated by the legislative body. If the legislative body elects to publish an ordinance in summary, the summary shall be prepared or certified by an attorney licensed to practice law in the Commonwealth of Kentucky and shall include the following:
(1) The title of the ordinance;
(2) A brief narrative setting forth the main points of the ordinance in a way reasonably calculated to inform the public in a clear and understandable manner of the meaning of the ordinance; and
(3) The full text of each section that imposes taxes or fees.
(C) Ordinances that include descriptions of real property may include a sketch, drawing or map, including common landmarks, such as streets or roads in lieu of metes and bounds descriptions.
(KRS 83A.060(9))
' 32.44 ADDITIONAL REQUIREMENTS FOR ADOPTION MAY BE ESTABLISHED BY
CITY.
The city may, by ordinance, specify additional requirements for adoption of ordinances in greater detail than contained herein, but the city may not lessen or reduce the substantial requirements of this chapter or any statute relating to adoption of ordinances.
(KRS 83A.060(10))
' 32.45 PERIODIC REVIEW REQUIRED.
Not less than once every 5 years all ordinances in this code of ordinances shall be examined for consistency with state law and with one another and shall be revised to eliminate redundant, obsolete, inconsistent and invalid provisions.
(KRS 83A.060(11))
' 32.46 MUNICIPAL ORDERS.
(A) Council may adopt municipal orders. All municipal orders shall be in writing and shall be adopted only at an official meeting. Orders may be amended only by a subsequent municipal order or ordinance. All orders adopted shall be maintained in an official order book.
(B) In lieu of an ordinance, municipal orders may be used for matters relating to the internal operation and functions of the city and to appoint or remove or approve appointment or removal of members of boards, commissions and other agencies over which the Council has control.
(KRS 83A.060(12), (13))
' 32.47 PROVED BY CLERK; RECEIVED IN EVIDENCE.
All ordinances and orders of the city may be proved by the signature of the City Clerk; and when the ordinances are placed in this code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of such ordinances.
(KRS 83A.060(14))
' 32.48 LEGISLATIVE IMMUNITY.
For anything said in debate, Council members shall be entitled to the same immunities and protections allowed to members of the General Assembly.
(KRS 83A.060(15))
Statutory reference:
Privileges of members of General Assembly, see KRS 6.050 and Ky. Const. ' 43
CHAPTER 33: FINANCE AND REVENUE
Section
Financial Administration
33.01 Definitions
33.02 Accounting records and financial reports
33.03 Annual budget ordinance
33.04 Annual audit of city funds
33.05 Official depositories; disbursement of city funds
Improvements
33.10 Definitions
33.11 Financing of improvements
33.12 Apportionment of cost
33.13 Comprehensive report required
33.14 Public hearing required
33.15 Adoption of ordinance; notice to affected owners
33.16 Affected owner may contest
33.17 When city may proceed; assessment constitutes lien
33.18 Effect of additional property or change in financing
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FINANCIAL ADMINISTRATION
§ 33.01 DEFINITIONS.
As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:
BUDGET. A proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year.
DEBT SERVICE. The sum of money required to pay installments of principal and interest on bonds, notes and other evidences of debt accruing within a fiscal year and to maintain sinking funds.
ENCUMBRANCES. Obligations in the form of purchase orders or contracts that are chargeable to an appropriation. An obligation ceases to be an encumbrance when paid or when the actual liability is recorded.
FISCAL YEAR. The accounting period for the administration of fiscal operations.
GENERALLY ACCEPTED GOVERNMENTAL AUDITING STANDARDS. Those standards for audit of governmental organizations, programs, activities and functions issued by the Comptroller General of the United States.
GENERALLY ACCEPTED PRINCIPLES OF GOVERNMENTAL ACCOUNTING. Those standards and procedures promulgated and recognized by the Governmental Accounting Standards Board.
(KRS 91A.010)
§ 33.02 ACCOUNTING RECORDS AND FINANCIAL REPORTS.
(A) The city shall keep its accounting records and render financial reports in such a way as to:
(1) Determine compliance with statutory provisions;
(2) Determine fairly and with full disclosure the financial operations of constituent funds and account groups of the city in conformity with generally accepted governmental accounting principles; and
(3) Readily provide such financial data as may be required by the federal revenue sharing program.
(B) The municipal accounting system shall be organized and operated on a fund basis.
(KRS 91A.020)
§ 33.03 ANNUAL BUDGET ORDINANCE.
(A) The city shall operate under an annual budget ordinance adopted and administered in accordance with the provisions of this section. No moneys shall be expended from any governmental or proprietary fund except in accordance with a budget ordinance adopted pursuant to this section.
(B) Moneys held by the city as a trustee or agent for individuals, private organizations, or other governmental units need not be included in the budget ordinance.
(C) If in any fiscal year subsequent to a fiscal year in which the city has adopted a budget ordinance in accordance with this section, no budget ordinance is adopted, the budget ordinance of the previous fiscal year has full force and effect as if readopted.
(D) The budget ordinance of the city shall cover 1 fiscal year.
(E) Preparation of the budget proposal shall be the responsibility of the Mayor.
(F) The budget proposal shall be prepared in such form and detail as prescribed by ordinance.
(G) The budget proposal together with a budget message shall be submitted to Council not later than 30 days prior to the beginning of the fiscal year it covers. The budget message shall contain an explanation of the governmental goals fixed by the budget for the coming fiscal year; explain important features of the activities anticipated in the budget; set forth the reasons for stated changes from the previous year in program goals, programs and appropriation levels; and explain any major changes in fiscal policy.
(H) (1) Council may adopt the budget ordinance making appropriations for the fiscal year in such sums as it finds sufficient and proper, whether greater or less than the sums recommended in the budget proposal. The budget ordinance may take any form that Council finds most efficient in enabling it to make the necessary fiscal policy decisions.
(2) No budget ordinance shall be adopted which provides for appropriations to exceed revenues in any 1 fiscal year in violation of § 157 of the Kentucky Constitution.
(I) The full amount estimated to be required for debt service during the budget year shall be appropriated, for all governmental fund types.
(J) Council may amend the budget ordinance at any time after the ordinance's adoption, so long as the amended ordinance continues to satisfy the requirements of this section.
(K) Administration and implementation of an adopted budget ordinance shall be the responsibility of the Mayor. The responsibility includes the preparation and submission to Council of operating statements, including budgetary comparisons of each governmental fund for which an annual budget has been adopted. The reports shall be submitted not less than once every 3 months in each fiscal year.
(L) To the extent practical, the system utilized in the administration and implementation of the adopted budget ordinance shall be consistent in form with the accounting system called for in § 33.02.
(M) No city agency, or member, director, officer or employee of any city agency, may bind the city in any way to any extent beyond the amount of money at that time appropriated for the purpose of the agency. All contracts, agreements and obligations, express or implied, beyond such existing appropriations are void; nor shall any city officer issue any bond, certificate, or warrant for the payment of money by the city in any way to any extent, beyond the balance of any appropriation made for the purpose.
(KRS 91A.030)
§ 33.04 ANNUAL AUDIT OF CITY FUNDS.
(A) Each city of the first through fifth class shall, after the close of each fiscal year, cause each fund of the city to be audited by the auditor of public accounts or a certified public accountant. The audits shall be completed by February 1 immediately following the fiscal year being audited. Within ten days of the completion of the audit and its presentation to the city legislative body, pursuant to division (D)(6) of this section, each city shall forward three copies of the audit report to the Kentucky Department of Local Government for information purposes. The Department shall forward one copy of the audit report to the Legislative Research Commission to be used for the purposes of KRS 6.955 to 6.975.
(B) Each city required by this section to conduct an annual or biannual audit shall enter into a written contract with the selected auditor. The contract shall set forth all terms and conditions of the agreement which shall include, but not be limited to, requirements that:
(1) The auditor be employed to examine the general purpose financial statements of all governmental, proprietary and fiduciary funds of the city;
(2) The auditor shall include in the annual city audit report an examination of local government economic assistance funds granted to the city under KRS 42.450 to 42.495; (The auditor shall include a certification with the annual audit report that the funds were expended for the purpose intended.)
(3) All audit information be prepared in accordance with generally accepted governmental auditing standards which includes the tests of the accounting records and the auditing procedures as considered necessary under the circumstances; (Where the audit is to cover the use of state or federal funds, appropriate state or federal guidelines shall be utilized.)
(4) The auditor prepare a typewritten or printed report embodying the general purpose financial statements and his or her opinion and statements relating thereto;
(5) The auditor express an overall opinion as to whether the general purpose financial statements present fairly the financial condition of the city or state the reasons why an overall opinion cannot be expressed;
(6) The completed audit and all accompanying documentation shall be presented to Council at a regular or special meeting; and
(7) Any contract with a certified public accountant for an audit shall require the accountant to forward a copy of the audit report and management letters to the Auditor of Public Accounts upon request of the city or the Auditor of Public Accounts, and the Auditor of Public Accounts shall have the right to review the certified public accountant's workpapers upon request.
(C) A copy of an audit report which meets the requirements of this section shall be considered satisfactory and final in meeting any official request to the city for financial data, except for statutory or judicial requirements, or requirements of the Legislative Research Commission necessary to carry out the purposes of KRS 6.955 to 6.975.
(D) Upon completion of an audit, the city may elect to publish the Auditor's report in accordance with division (E) of this section, or may publish a financial statement in accordance with division (F) of this section. Notwithstanding the election of divisions (E) or (F) of this section, the city shall within 90 days after the close of the fiscal year, cause to be published in a newspaper qualified under KRS 424.120 a legal display advertisement of not less than 8 column inches that the statement required by KRS 424.220 has been prepared and that copies have been provided to each local newspaper of general circulation, each news service, and each local radio or television station which has on file with the city a written request to be provided such statement.
(E) If the city elects to publish the auditor's report prepared in accordance with this section in lieu of the financial statement required by KRS 424.220, it shall publish the auditor's cover letter to the City Council, the combined balance sheet showing all fund types and account groups, the combined statement of revenues, expenditures and changes in fund balance for all governmental fund types, the combined statement of revenues, expenses and changes in retained earnings/fund balances for all proprietary fund types and similar trust funds, and the combined statement of changes in financial position for all proprietary fund types and similar trust funds in accordance with KRS Chapter 424. The advertisement shall contain a statement that a copy of the complete auditor's report, including financial statements and supplemental information, are on file at city hall and are available for public inspection during normal business hours. The advertisement shall also contain a statement that any citizen may obtain from city hall a copy of the complete Auditor's report, including financial statements and supplemental information, for his or her personal use. The statement shall notify citizens requesting a personal copy of the city audit report that they will be charged for duplication costs at a rate that shall not exceed $.25 per page. In addition, the advertisement shall contain a statement that copies of the financial statement prepared in accordance with KRS 424.220 are available to the public at no cost at the business address of the officer responsible for preparation of such statement.
(F) If the city, other than a city of the first or second class or urban-county government, elects to publish the financial statement prepared in accordance with KRS 424.220 in lieu of publishing the Auditor's report, it shall, within 60 days after the completion of the audit, publish the statement in accordance with KRS Chapter 424.
(G) Any city of the fifth or sixth class may utilize the alternative publication methods authorized by KRS 424.190(2) to comply with the provisions of this section.
(H) Any person who violates any provision of this section shall be fined not less than $50 nor more than $500. In addition, any officer who fails to comply with any of the provisions of this section shall, for each failure, be subject to a forfeiture of not less than $50 nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party.
(KRS 91A.040)
Statutory reference:
Department for Local Government to provide assistance, see KRS 91A.050
§ 33.05 OFFICIAL DEPOSITORIES; DISBURSEMENT OF CITY FUNDS.
(A) The Mayor shall designate as the city's official depositories 1 or more banks, federally insured savings and loan companies, or trust companies within the Commonwealth. The amount of funds on deposit in an official depository shall be fully insured by deposit insurance or surety bonds.
(B) All receipts from any source of city money or money for which the city is responsible, which has not been otherwise invested or deposited in a manner authorized by law, shall be deposited in official depositories. All city funds shall be disbursed by written authorization approved by the Mayor which states the name of the person to whom funds are payable, the purpose of the payment, and the fund out of which the funds are payable. Each authorization shall be numbered and recorded.
(KRS 91A.060)
IMPROVEMENTS
§ 33.10 DEFINITIONS.
As used in this subchapter, unless the context otherwise requires, the following definitions shall apply.
ASSESSED VALUE BASIS. The apportionment of cost of an improvement according to the ratio the assessed value of individual parcels of property bears to the total assessed value of all such properties.
BENEFITS RECEIVED BASIS. The apportionment of cost of an improvement according to equitable determination by Council of the special benefit received by property from the improvement, including assessed value basis, front foot basis, and square foot basis, or any combination thereof, and may include consideration of assessed value of land only, graduation for different classes of property based on nature and extent of special benefits received, and other factors affecting benefits received.
COST. All costs related to an improvement, including planning, design, property or easement acquisition and construction costs, fiscal and legal fees, financing costs and publication expenses.
FAIR BASIS. Assessed value basis, front foot basis, square foot basis or benefits received basis.
FRONT FOOT BASIS. The apportionment of cost of an improvement according to the ratio the front footage on the improvement of individual parcels of property bears to the front footage of all such properties.
IMPROVEMENT. Construction of any facility for public use or services or any addition thereto, which is of special benefit to specific properties in the area served by such facility.
PROPERTY. Any real property benefitted by an improvement.
SPECIAL ASSESSMENT or ASSESSMENT. A special charge fixed on property to finance an improvement in whole or in part.
SQUARE FOOT BASIS. The apportionment of cost of an improvement according to the ratio the square footage of individual parcels of property bears to the square footage of all such property.
(KRS 91A.210)
§ 33.11 FINANCING OF IMPROVEMENTS.
(A) The city may not finance any improvement in whole or in part through special assessments except as provided in this subchapter and in any applicable statutes.
(KRS 91A.200)
(B) Cost of an improvement shall be apportioned equitably on a fair basis.
(C) The city may provide for lump sum or installment payment of assessments or for bond or other long-term financing, and for any improvement may afford property owners the option as to method of payment or financing.
(KRS 91A.220)
Statutory reference:
Improvements; alternate methods, see KRS Ch. 107
§ 33.12 APPORTIONMENT OF COST.
The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government, or any educational, religious or charitable organization. Council may assess the property in the same manner as for privately owned property or it may pay the costs so apportioned out of general revenues.
(KRS 91A.230)
§ 33.13 COMPREHENSIVE REPORT REQUIRED.
Before undertaking any improvements pursuant to this subchapter, the city shall prepare a comprehensive report setting out:
(A) The nature of the improvement;
(B) The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;
(C) The preliminary estimated cost of the improvement;
(D) The fair basis of assessment proposed;
(E) If financing of assessments is provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvement; and
(F) Such other information as may further explain material aspects of the improvement, assessments or financing.
(KRS 91A.240)
§ 33.14 PUBLIC HEARING REQUIRED.
(A) After preparation of the report required by § 33.13, the city shall hold at least 1 public hearing on the proposed improvement at which all interested persons shall be heard.
(B) Notice of the hearing shall be published pursuant to KRS Ch. 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:
(1) The nature of the improvement;
(2) Description of area of the improvement;
(3) Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;
(4) Time and place the report may be examined; and
(5) Time and place of the hearing.
(KRS 91A.250)
§ 33.15 ADOPTION OF ORDINANCE; NOTICE TO AFFECTED OWNERS.
Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in § 33.13 and a description of all properties. Promptly upon passage the city shall publish the ordinance pursuant to KRS Ch. 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner and the ratio the cost to each property owner bears to the total cost of the entire project.
(KRS 91A.260)
§ 33.16 AFFECTED OWNER MAY CONTEST.
(A) Within 30 days of the mailing of the notice provided for in § 33.15, any affected property owner may file an action in the circuit court of the county, contesting the undertaking of the project by special assessment, the inclusion of his or her property in the improvement, or the amount of his or her assessment. If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further action on the improvement insofar as it relates to any property owner who is a plaintiff shall be taken until the final judgment has been entered.
(B) The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amounts of assessments. After the lapse of time as herein provided, all actions by owners of properties are forever barred.
(KRS 91A.270)
§ 33.17 WHEN CITY MAY PROCEED; ASSESSMENT CONSTITUTES LIEN.
(A) After the passage of time for the action provided for in § 33.16, or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement. The first installment may be apportioned so that other payments will coincide with payment of ad valorem taxes.
(B) The amount of any outstanding assessment or installments thereof on any property, and accrued interest and other charges, constitutes a lien on the property to secure payment to the bondholders or any other source of financing of the improvement. The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the Council shall exempt any benefitted property from the lien for the improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided.
(KRS 91A.280)
§ 33.18 EFFECT OF ADDITIONAL PROPERTY OR CHANGE IN FINANCING.
The city may undertake any further proceedings to carry out the improvement or any extension or refinancing thereof, except that §§ 33.13 through 33.17 applies if additional property is included in the improvement or if change is made in the method or period of financing; but additional property may be included in the improvement with the consent of the owner thereof without compliance with other sections if it does not increase the cost apportioned to any other property, or any other change may be made without the compliance if all property owners of the improvement consent.
(KRS 91A.290)
CHAPTER 34: PUBLIC RECORDS
Section
General Provisions
34.01 Definitions
Procedures for Requesting Public Records
34.05 Initial request with immediate inspection
34.06 Referral to proper custodian
34.07 Public records not immediately available
34.08 Refusal of unreasonable requests
34.09 Time limitation; denial of inspection
34.10 Concealing or destroying records prohibited
34.11 Access to records relating to particular individual
34.12 Format of copies
34.13 Fees for copies
34.14 Misstatement of purpose prohibited
34.15 Online access to public records in electronic form
34.16 Public records protected from disclosure
34.17 Notification of the Attorney General
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GENERAL PROVISIONS
§ 34.01 DEFINITIONS.
For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
CITY. The city government of this city.
COMMERCIAL PURPOSE. The direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary or fee. COMMERCIAL PURPOSE shall not include:
(1) Publication or related use of a public record by a newspaper or periodical;
(2) Use of a public record by a radio or television station in its news or other informational programs; or
(3) Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties.
CUSTODIAN. The official custodian or any authorized person having personal custody and control of public records. The CUSTODIAN having personal custody of most of the public records of this city is the City Clerk.
MECHANICAL PROCESSING. Any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device.
MEDIA. The physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes and cards.
OFFICIAL CUSTODIAN. The chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care, and keeping of public records, regardless of whether such records are in his or her actual personal custody and control. The OFFICIAL CUSTODIAN of this city shall be the Mayor.
PERSON. A human being who makes a request for inspection of public records.
PRESCRIBED FEE or FEE. The fair payment required by the city for making copies of public records and for mailing public records, which shall not exceed the actual cost thereof and shall not include the cost of required staff time.
PUBLIC AGENCY. The city, including its legislative body and every officer, department and division of the city; every entity created by authority of the city; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency created and controlled by the city; and any interagency body in which the city participates.
PUBLIC RECORDS. All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by the public agency. PUBLIC RECORDS shall not include any records owned or maintained by or for the public agency that are not related to functions, activities, programs or operations funded by the public agency nor any records that may be excluded by § 34.16.
REQUEST. An oral or written application by any person to inspect public records of the agency.
SOFTWARE. The program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency's computer system. SOFTWARE consists of the operating system, application programs, procedures, routines and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency.
(KRS 61.870)
PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 34.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.
(A) Any person desiring to inspect or copy the public records of this city shall make a request for inspection at the office of the City Clerk during regular office hours, except during legal holidays. The official custodian, or the custodian acting under the authority of the official custodian, may require a request to inspect public records to be in writing, signed by the applicant and with the applicant's name printed legibly on the application. A written request to inspect public records may be presented by hand delivery, mail or via facsimile, if 1 is available.
(B) If the custodian determines that a person's request is in compliance with this chapter and the open records law, and the requested public records are immediately available, the custodian shall deliver the records for inspection. A person may inspect public records at the designated office of the city during the regular office hours, or in appropriate cases, by receiving copies of the records through the mail.
(C) If the public records are to be inspected at the offices of the city, suitable facilities shall be made available in the office of the City Clerk or in another office of the city as determined by the official custodian or custodian for the inspection. No person shall remove original copies of public records from the offices of the city without the written permission of the official custodian of the record. When public records are inspected at the city offices, the person inspecting the records shall have the right to make abstracts and memoranda of the public records and to obtain copies of all written public records. When copies are requested, the custodian may require advance payment of the prescribed fee.
(D) Upon proper request, the city shall mail copies of the public records to a person whose residence or principal place of business is located outside of the county after the person precisely describes the public records which are readily available and after the person pays in advance the prescribed fee.
§ 34.06 REFERRAL TO PROPER CUSTODIAN.
If the City Clerk does not have custody or control of the public record or records requested, the City Clerk shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.
(KRS 61.872(4))
§ 34.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.
If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time and date for inspection or mailing of the public records, not to exceed 3 days (excepting Saturdays, Sundays and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time and earliest date on which the public record will be available for inspection or duplication.
(KRS 61.872(5))
§ 34.08 REFUSAL OF UNREASONABLE REQUESTS.
If the application places an unreasonable burden in producing public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof. However, refusal under this section must be sustained by clear and convincing evidence.
(KRS 61.872(6))
§ 34.09 TIME LIMITATION; DENIAL OF INSPECTION.
The official custodian, upon any request for records made under this chapter, shall determine within 3 days (excepting Saturdays, Sundays and legal holidays) after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the 3-day period of its decision. Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his or her authority and shall constitute final agency action.
(KRS 61.880)
§ 34.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.
No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.
§ 34.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.
Any person shall have access to any public record relating to him or her or in which he or she is mentioned by name, upon presentation of appropriate identification, subject to the provisions of § 34.16 of these rules and regulations.
(KRS 61.884)
§ 34.12 FORMAT OF COPIES.
(A) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of § 34.16. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate. If the applicant desires copies of public records other than written records, the custodian of the records shall duplicate the records or permit the applicant to duplicate the records; however, the custodian shall ensure that the duplication will not damage or alter the original records.
(B) (1) Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format. Nonexempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format. Agencies are not required to convert hard copy format records to electronic formats.
(2) The minimum standard format in paper form shall be defined as not less than 8-1/2 inches x 11 inches in at least 1 color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format. If the public agency maintains electronic public records in a format other than ASCII, and the format conforms to the requestor's requirements, the public record may be provided in this alternate electronic format for standard fees as specified by the public agency. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.
(KRS 61.874(1) - (3))
§ 34.13 FEES FOR COPIES.
(A) The public agency may prescribe a reasonable fee for making copies of nonexempt public records requested for use for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff required. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.
(B) (1) Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee.
(2) The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency. The contract shall permit use of the public records for the stated commercial purpose for a specified fee.
(3) The fee provided for in division (B)(1) of this section may be based on one or both of the following:
(a) Cost to the public agency of media, mechanical processing and staff required to produce a copy of the public record or records;
(b) Cost to the public agency of the creation, purchase or other acquisition of the public records.
(KRS 61.874(3), (4))
Cross-reference:
Fees for online access to public records, see § 34.15
§ 34.14 MISSTATEMENT OF PURPOSE PROHIBITED.
It shall be unlawful for a person to obtain a copy of any part of a public record for a:
(A) Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to § 34.13;
(B) Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or
(C) Noncommercial purpose, if the person uses or knowingly allows the use of the public record for a commercial purpose. A newspaper, periodical, radio or television station shall not be held to have used or knowingly allowed the use of the public record for a commercial purpose merely because of its publication or broadcast, unless it has also given its express permission for that commercial use.
(KRS 61.874(5)) Penalty, see § 10.99
§ 34.15 ONLINE ACCESS TO PUBLIC RECORDS IN ELECTRONIC FORM.
(A) Online access to public records in electronic form may be provided and made available at the discretion of the public agency. If a party wishes to access public records by electronic means and the public agency agrees to provide online access, a public agency may require that the party enter into a contract, license or other agreement with the agency, and may charge fees for these agreements.
(B) Fees shall not exceed:
(1) The cost of physical connection to the system and reasonable cost of computer time access charges; and
(2) If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in § 34.13.
(KRS 61.874(6))
§ 34.16 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.
(A) The following public records are excluded from the application of this chapter and these rules and regulations and shall be subject to inspection only upon order of a court of competent jurisdiction, except as provided in KRS 61.878(1) that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:
(1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
(2) Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statute.
(3) (a) Records confidentially disclosed to the agency, or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.
(b) Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained:
1. In conjunction with an application for or the administration of a loan or a grant;
2. In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154;
3. In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae or processes, which are used for the making, preparing, compounding, treating or processing of articles or materials which are trade commodities obtained from a person; or
4. For the grant or review of a license to do business.
(c) The exemptions provided for in divisions (A)(3)(a) and (b) above, shall not apply to records the disclosure or publication of which is directed by statute.
(4) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within, or expanding within the Commonwealth. This exemption shall not include those records pertaining to applications to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in division (A)(2) above.
(5) Public records which are developed by an agency in conjunction with the regulation or supervision of financial institutions, including, but not limited to banks, savings and loan associations, and credit unions, which disclose the agency's internal examining or audit criteria and related analytical methods.
(6) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made by or for a public agency relative to the acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision.
(7) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination before the exam is given or if it is to be given again.
(8) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of this chapter, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action. The exemptions provided by this subdivision shall not be used by the custodian of the records to delay or impede the exercise of rights granted by this chapter.
(9) Preliminary drafts, notes or correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency.
(10) Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies formulated or recommended.
(11) All public records or information the disclosure of which is prohibited by federal law or regulation.
(12) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.
(13) (a) Public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to:
1. Criticality lists resulting from consequence assessments;
2. Vulnerability assessments;
3. Antiterrorism protective measures and plans;
4. Security and response needs assessments;
5. Infrastructure records that expose a vulnerability referred to in this division through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems.
6. The following records when their disclosure will expose a vulnerability referred to in this division: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility or security systems of any building or facility owned, occupied, leased or maintained by a public agency; and
7. Records when their disclosure will expose a vulnerability referred to in this division and that describe the exact physical location of hazardous chemical, radiological, or biological materials.
(b) As used in this division, TERRORIST ACT means a criminal act intended to:
1. Intimidate or coerce a public agency or all or part of the civilian population;
2. Disrupt a system identified in division (a)5.; or
3. Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency.
(c) On the same day that a public agency denies a request to inspect a public record for a reason identified in this division, that public agency shall forward a copy of the written denial of the request, referred to in KRS 61.880(1), to the executive director of the office for Security Coordination and the Attorney General;
(d) Nothing in this division shall affect the obligations of a public agency with respect to disclosure and availability of public records under state environmental, health, and safety programs;
(e) The exemption established in this division shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record identified in this division under the Open Records Law.
(14) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency. This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law.
(B) No exemption under this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. In addition, if any public record contains material which is not excepted under this section, the city shall separate the excepted and make the nonexcepted material available for examination, subject to the possible applicability of ' 34.08.
§ 34.17 NOTIFICATION OF THE ATTORNEY GENERAL.
The official custodian shall notify the Attorney General of any actions filed against the city in circuit court regarding the enforcement of the open records law, KRS 61.870 to 61.884.
CHAPTER 35: TAXATION
Section
35.01 County assessment adopted
35.02 Due date; payment
35.03 Delinquency
35.04 Ad valorem taxes on motor vehicles
35.05 Disposition of funds
§ 35.01 COUNTY ASSESSMENT ADOPTED.
(A) Pursuant to the authority granted in KRS 132.285, the city hereby adopts the county assessment for all real and personal property situated within the city as the basis of all ad valorem tax levies ordered or approved by the City Council.
(B) The assessment as finally determined for county tax purposes shall serve as the basis for all city levies for the fiscal year commencing after the assessment date.
§ 35.02 DUE DATE; PAYMENT.
(A) All taxes, except ad valorem taxes on motor vehicles, shall become due on December 1.
(B) Any taxpayer who pays his or her city taxes before December 1 after they become due shall be entitled to a 2% discount thereon, and the Clerk shall allow the discount and give a receipt in full to the taxpayer.
§ 35.03 DELINQUENCY.
(A) All city taxes, except ad valorem taxes on motor vehicles, shall become delinquent on January 1 following their due dates.
(B) Any taxes not paid by the date when they become delinquent shall be subject to a penalty of 10% on the taxes due and unpaid. The delinquent taxpayer shall also pay all costs and expenses incidental to any action taken by the city for collection of the delinquent tax bill.
(C) Delinquent taxes shall be collectable under the provisions of the state law relating to the collection of delinquent taxes by cities of the fifth class.
§ 35.04 AD VALOREM TAXES ON MOTOR VEHICLES.
(A) All ad valorem taxes on motor vehicles shall be collected by the County Clerk in accordance with KRS 134.800.
(B) Ad valorem taxes on motor vehicles shall become due and delinquent as set forth in KRS 134.810 and any such taxes not paid by the date when they become delinquent shall be subject to the penalty and interest specified in KRS 134.810.
§ 35.05 DISPOSITION OF FUNDS.
All monies collected from the taxes levied in this chapter shall be paid into the General Fund of the city to be used for the payment of proper expenditures as determined by the City Council.
CHAPTER 36: CODE OF ETHICAL CONDUCT
Section
36.01 Title
36.02 Findings
36.03 Purpose and authority
36.04 Definitions
36.05 Conflicts of interest in general
36.06 Conflicts of interest in contracts
36.07 Receipt of gifts
36.08 Use of city property, equipment and personnel
36.09 Representation of interests before city government
36.10 Misuse of confidential information
36.11 Post-employment restriction
36.12 Honoraria
36.13 Who must file
36.14 Filing statements; amended statements
36.15 Form of statement of financial interests
36.16 Control and maintenance of statements of financial interest
36.17 Contents of financial interest statement
36.18 Noncompliance with filing requirement; specific penalties; violation
36.19 Nepotism prohibited
36.20 Board of Ethics created
36.21 Filing and investigating complaints; false complaints; penalty
36.22 Notice of hearing
36.23 Hearing procedure
36.24 Limitation of actions
36.25 Advisory actions
36.26 Reprisals against persons disclosing violations prohibited
36.27 Conflicting ordinances repealed
36.28 Effective date
36.99 Penalty
§ 36.01 TITLE.
This chapter shall be known and may be cited as the "City of Plantation Code of Ethics."
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.02 FINDINGS.
The City Council finds and declares that:
(A) Public office and employment with the city are public trusts;
(B) The vitality and stability of this city depends upon the public's confidence in the integrity of its elected and appointed officers and employees; and (Whenever the public perceives a conflict between the private interests and public duties of a city officer or employee, that confidence is imperiled.)
(C) This city has a duty to provide its citizens with standards by which they may determine whether public duties are being performed faithfully, and to make its officers and employees aware of the standards with which the citizenry rightfully expects them to comply while conducting their public duties.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.03 PURPOSE AND AUTHORITY.
(A) The purpose of this chapter is to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city be clearly established, uniform in their application, and enforceable, and to provide the officers and employees of the city with advice and information concerning potential conflicts of interest which might arise in the conduct of their public duties.
(B) It is the further purpose of this chapter to meet the requirements of Ky. Acts. 1994, Ch. 16.
(C) This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of aforecited Chapter 16.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.04 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF ETHICS. The City of Plantation Board of Ethics which is created and vested by this chapter with responsibility for enforcing the requirements of the city's Code of Ethics.
BUSINESS. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation or any legal entity through which business is conducted for profit.
CANDIDATE. Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for nomination for office with the County Clerk or Secretary of State, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the County Clerk or Secretary of State.
CITY. The City of Plantation, Kentucky.
CITY AGENCY. Any board, commission, authority, nonstock corporation or other entity created, either individually or jointly, by this city.
EMPLOYEE. Any person, whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the city. The term EMPLOYEE shall not include any contractor or subcontractor or any of their employees.
FAMILY MEMBER. A spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, parent or grandchild.
IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse, as a dependent for tax purposes.
OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is 1 of the following:
(1) The Mayor;
(2) A City Council member;
(3) The City Clerk;
(4) Any person who occupies a nonelected city office created under KRS 83A.080; and/or
(5) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.05 CONFLICTS OF INTEREST IN GENERAL.
Every officer and employee of the city and every city agency shall comply with the following standards of conduct:
(A) No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction, or activity, which is in substantial conflict with the proper discharge of the officer's or employee's public duties.
(B) No officer or employee intentionally shall use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself or herself or others.
(C) No officer or employee intentionally shall take or refrain from taking any discretionary action, or agree to take or refrain from taking any discretionary action, or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action, on any matter before the city in order to obtain a financial benefit for any of the following:
(1) The officer or employee;
(2) A family member;
(3) An outside employer;
(4) Any business in which the officer or employee, or any family member has a financial interest; and
(5) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.
(D) No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer's or employee's participation, vote, decision, action or inaction, no financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in division (C)(4) and (C)(5) of this section, as a member of any business, occupation, profession or other group, to any greater extent than any gain reasonably could be expected to accrue to any other member of the business, occupation, profession or other group.
(E) Every officer or employee who has a prohibited financial interest which the officer or employee knows, believes or has reason to believe will or may be affected by his or her participation, vote, decision or other action taken within the scope of his or her public duties, shall disclose the precise nature and value of the interest, in writing, to the City Council or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the City Council or the city agency's governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.06 CONFLICTS OF INTEREST IN CONTRACTS.
No officer or employee of the city or any city agency shall undertake directly or through others, execute, hold or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the city or a city agency, except as follows:
(A) The prohibition in this division (A) shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by the city or city agency officer or employee before he or she became a candidate, was appointed to office, or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition in division (A) of this section shall apply to the renewal of the contract.
(B) The prohibition in division (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in division (C) below are satisfied.
(C) The prohibition in division (A) of this section shall not apply in any case where the following requirements are satisfied:
(1) The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the City Council or city agency.
(2) The disclosure is made a part of the official record of the City Council or city agency before the contract is executed.
(3) A finding is made by the City Council or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons.
(4) The finding is made a part of the official record of the City Council or city agency before the contract is executed.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.07 RECEIPT OF GIFTS.
No officer or employee of the city or any city agency shall solicit or accept, directly or indirectly, through any other person or business, any gift having a fair market value of more than $100, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which reasonably it could be inferred that the gift was intended to influence, or could reasonably be expected to influence, the officer or employee in the performance of his or her public duties.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.08 USE OF CITY PROPERTY, EQUIPMENT AND PERSONNEL.
No officer or employee of the city shall use or permit the use of any city time, funds, personnel, equipment or other personal or real property for the private use of any person, unless:
(A) The use is specifically authorized by a stated city policy; and/or
(B) The use is available to the general public, and then only to the extent and upon the terms that such use is available to the general public.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.09 REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT.
(A) No officer or employee of the city or any city agency shall represent any person or business, other than the city, in connection with any cause, proceeding, application or other matter pending before the city or any city agency.
(B) Nothing in this section shall prohibit any officer or employee from representing himself or herself in matters concerning his or her own interests.
(C) No elected officer shall be prohibited by this section from making any inquiry that otherwise legally is permissible, for information on behalf of a constituent, if no compensation, reward or other thing of value is promised to, given to, or accepted by the officer, whether directly or indirectly, in return for the inquiry.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.10 MISUSE OF CONFIDENTIAL INFORMATION.
No officer or employee of the city or any city agency intentionally shall use or disclose information acquired in the course of his or her official duties, if the primary purpose of the use or disclosure is to further his or her personal financial interest or that of another person or business. Information shall be deemed confidential, if it is not subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.11 POST-EMPLOYMENT RESTRICTION.
No officer or employee of the city or any city agency shall appear or practice before the city or any city agency with respect to any matter on which the officer or employee personally worked while in the service of the city or city agency for a period of 1 year after the termination of the officer's or employee's service with the city or city agency.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.12 HONORARIA.
(A) No officer or employee of the city or a city agency shall accept any compensation, honorarium or gift with a fair market value greater than $100 in consideration of an appearance, speech or article unless the appearance, speech or article is both related to the officer's or employee's activities outside of municipal service and is unrelated to the officer's or employee's service with the city.
(B) Nothing in this section shall prohibit an officer or employee of the city or any city agency from receiving from the city and retaining, for himself or herself or on behalf of the city, actual and reasonable out-of-pocket expenses incurred by the officer or employee in connection with an appearance, speech or article, provided that the officer or employee can show by clear and convincing evidence that the expenses were incurred or received on behalf of the city or city agency and primarily for the benefit of the city or city agency and not primarily for the benefit of the officer or employee or any other person.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.13 WHO MUST FILE.
The following officers and employees of the city and city agencies shall file an annual statement of financial interests with the Board of Ethics:
(A) Elected officials;
(B) Candidates for elective office;
(C) Members of the Board of Ethics created by this chapter; and
(D) Nonelected officers and employees of the city or any city agency who are authorized to make purchases of materials or services, or award contracts, leases or agreements involving the expenditure of more than $500.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.14 FILING STATEMENTS; AMENDED STATEMENTS.
(A) The initial statement of financial interests required by this section shall be filed with the Board of Ethics, or the administrative official designated as the custodian of its records on or before May 15, 1995. All subsequent statements of financial interest shall be filed on or before May 15 of each subsequent year, provided that:
(1) An officer or employee newly-appointed to fill an office or position of employment with the city or a city agency shall file his or her initial statement on or before the thirtieth day immediately following the date of appointment.
(2) A candidate for city office shall file his or her initial statement no later than 30 days after the date on which the person becomes a candidate for elective city office.
(B) The Board of Ethics may grant an extension of time, reasonable as to duration, for filing a statement of financial interests, for good cause shown.
(C) In the event there is a material change in any information contained in a financial statement that has been filed with the Board, the officer or employee, no later than 30 days after becoming aware of the material change, shall file an amended statement with the Board.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.15 FORM OF STATEMENT OF FINANCIAL INTERESTS.
The statement of financial interests may be required to be filed on a form prescribed by the Board of Ethics, or the administrative official designated by the Board of Ethics. The Board, or the designated administrative official, shall deliver a copy of the form to each officer and employee required to file the statement, by first class mail or hand delivery, no later than January 15 of each year. The failure of the Board, or the designated administrative official, to deliver a copy of the form to any officer or employee shall not relieve the officer or employee of, the obligation to file the statement.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.16 CONTROL AND MAINTENANCE OF STATEMENTS OF FINANCIAL INTERESTS.
(A) The Board of Ethics shall be the "official custodian" of the statements of financial interests and shall have control over the maintenance of the statements of financial interests. The statements of financial interests shall be maintained by the Board of Ethics, or the administrative official designated by the Board of Ethics as the "custodian", as public documents, available for public inspection immediately upon filing.
(B) A statement of financial interests shall be retained by the Board, or the designated administrative official, for a period of 5 years after filing, provided that:
(1) Upon the expiration of 3 years after a person ceases to be an officer or employee of the city or a city agency, the Board shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person.
(2) Upon the expiration of 3 years after any election at which a candidate for elected city office was not elected or not nominated, the Board shall cause to be destroyed any statements of financial interests or copies of those statements filed by that candidate.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.17 CONTENTS OF FINANCIAL INTERESTS STATEMENT.
(A) The statement of financial interests shall include the following information for the preceding calendar year:
(1) The name, current business address, business telephone number and home address of the filer;
(2) The title of the filer's office, office sought or position of employment;
(3) The occupation of the filer and the filer's spouse;
(4) Information that identifies each source of income of the filer and of the filer's immediate family members exceeding $5,000 during the preceding calendar year, and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution and the like);
(5) The name and address of any business located within the state in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of $10,000 at fair market value or 5% ownership interest or more;
(6) The name and address of any business located outside of the state, if the business has engaged in any business transaction with the city during the past 3 years, or which is anticipated to engage in any business transaction with the city, in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of $10,000 at fair market value or 5% ownership interest or more;
(7) A designation as commercial, residential, or rural, and the location of, all real property within the county, other than the filer's primary residence, in which the filer or any member of the filer's immediate family had during the preceding calendar year an interest of $10,000 or more;
(8) Each source by name and address of gifts or honoraria having an aggregate fair market value of more than $100 from any single source, excluding gifts received from family members, received by the filer or any member of the filer's immediate family during the preceding calendar year; and
(9) The name and address of any creditor owed more than $10,000, except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for personal, family or household purposes.
(B) Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts or the names of individual clients or customers of businesses listed as sources of income.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.18 NONCOMPLIANCE WITH FILING REQUIREMENT; SPECIFIC PENALTIES;
VIOLATION.
(A) The Board of Ethics, or the designated administrative official, shall notify by certified mail each person required to file a statement of financial interests, who fails to file a statement of financial interests, fails to file the statement by the due date, files an incomplete statement, or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall demand that the failure or delinquency be remedied, shall establish a date by which the failure or delinquency shall be remedied, and shall advise the person of the penalties for a violation.
(B) Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under division (A) within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil penalty imposed by the Board in an amount not to exceed $20 per day, up to a maximum total civil penalty of $100. Any civil penalty imposed by the Board under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within the prescribed period of time.
(C) Any person who intentionally files a statement of financial interests which he or she knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.
(Ord. 248, Series 1994, passed 2-26-1995) Penalty, see § 36.99
§ 36.19 NEPOTISM PROHIBITED.
(A) No officer or employee of the city or city agency shall advocate, recommend or cause the:
(1) Employment;
(2) Appointment;
(3) Promotion;
(4) Transfer; or
(5) Advancement of a family member to an office or position of employment with the city or a city agency.
(B) No officer or employee of the city or city agency shall supervise or manage the work of a family member.
(C) No officer or employee shall participate in any action relating to the employment or discipline of a family member, except that this prohibition shall not prevent an elected or appointed official from voting on or participating in the development of a budget which includes compensation for a family member, provided that the family member is included only as a member of a class of persons or group, and the family member benefits to no greater extent than any other similarly situated member of the class or group.
(D) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibition, but which existed prior to January 1, 1995.
(E) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibition, but which involves an individual hired or employed as casual labor, and whose compensation does not exceed $1,000 per fiscal year.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.20 BOARD OF ETHICS CREATED.
(A) (1) There is created hereby a Board of Ethics, which shall have the authorities, duties and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(2) The Board of Ethics shall consist of 3 members who shall be appointed by the Mayor subject to the approval of the City Council. The initial members of the Board of Ethics shall be appointed within 60 days of the effective date of this chapter. No member of the Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city or any city agency. The members shall serve for a term of 3 years; except that with respect to the members initially appointed, 1 member shall be appointed for a term of 1 year, 1 member shall be appointed for a term of 2 years, and 1 member shall be appointed for a term of 3 years. Thereafter, all appointments shall be for a term of 3 years. Each member of the Board of Ethics shall have been a resident of the city for at least 1 year prior to the date of the appointment and shall reside in the city throughout the term in office. The members of the Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. The members may be re-appointed for any number of consecutive terms.
(3) A member of the Board of Ethics may be removed by the Mayor subject to the approval of the City Council for misconduct, inability or willful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the Mayor and City Council.
(4) Vacancies on the Board of Ethics shall be filled within 60 days by the Mayor, subject to the approval of the City Council. If a vacancy is not filled by the City Council within 60 days, the remaining members of the Board of Ethics shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(5) Members of the Board of Ethics shall serve without compensation, unless otherwise approved by the City Council, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(6) The Board of Ethics shall, upon the initial appointment of its members, and annually thereafter, elect a chairperson from among the membership. The Chairperson shall be the presiding officer and a full voting member of the Board.
(7) Meetings of the Board of Ethics shall be held, as necessary, upon the call of the Chairperson or at the written request of a majority of the members.
(8) The presence of 2 or more members shall constitute a quorum and the affirmative vote of 2 or more members shall be necessary for any official action to be taken. Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(9) Minutes shall be kept for all proceedings of the Board of Ethics, and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(B) The Board of Ethics shall have the following powers and duties:
(1) To initiate on its own motion, receive and investigate complaints, hold hearings and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter;
(2) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board who has the power to administer oaths;
(3) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing conducted by the Board;
(4) To refer any information concerning violations of this chapter to the Mayor, the governing body of any city agency, the county attorney, or other appropriate person or body, as necessary;
(5) To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter; and
(6) To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms, by issuing appropriate orders and imposing penalties authorized by this chapter.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.21 FILING AND INVESTIGATING COMPLAINTS; FALSE COMPLAINTS;
PENALTY.
(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of Ethics, or the administrative official designated by the Board of Ethics. All complaints shall be in writing, shall be signed by the complainant, and shall meet any other reasonable requirements established by the Board of Ethics. The Board of Ethics shall acknowledge that it has received a complaint, by giving notice thereof to the complainant within 10 days from the date of receipt. Within 10 working days after such receipt of complaint, the Board shall forward to each officer or employee of the city or city agency who is the subject of the complaint, a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by legal counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board, except:
(1) The Board may refer to the Commonwealth's Attorney or County Attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Board may confirm publicly the existence of the inquiry, and, at its discretion, may make public any documents which were issued to either party.
(D) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges facts which, if proven, would constitute a violation of this chapter. If the Board concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Board immediately shall terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations which, if proven, would constitute a violation, the Board shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances, such as lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers, or lack of significant impact on public confidence in city government, issue in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the mayor and City Council; and/or
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Board a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or city agency shall be guilty of a Class A misdemeanor.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.22 NOTICE OF HEARING.
If the Board of Ethics determines that a hearing regarding allegations contained in the complaint is necessary, the Board shall issue an order setting the matter for a hearing within 30 days of the date the order is issued, unless the alleged violator petitions for and the Board consents to a later date. The order setting the matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing, shall be sent to the alleged violator within 24 hours of the time the order setting a hearing is issued.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.23 HEARING PROCEDURE.
(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties due process.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in a Board hearing shall be taken under oath and shall be administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be affected adversely thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) All hearings of the Board of Ethics shall be public, unless the members meet in executive session in accordance with KRS 61.810.
(F) As soon as practicable after the conclusion of the hearing, the Board of Ethics shall begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this chapter has been proven. Within 30 days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
(G) If the Board concludes in its report that no violation has occurred, it immediately shall send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
(H) If the Board concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Board may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor and City Council;
(3) In writing, recommend to the Mayor and the City Council that the violator be sanctioned as recommended by the Board, which may include a recommendation for discipline or dismissal, or removal from office;
(4) Issue an order requiring the violator to pay a civil penalty of not more than $250; and/or
(5) Refer evidence of criminal violations of this chapter or state laws to the County Attorney or Commonwealth's Attorney for prosecution.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.24 LIMITATION OF ACTIONS.
Except when the period of limitation is otherwise established by state law, an action for a violation of this chapter shall be brought within 1 year after the violation is discovered.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.25 ADVISORY OPINIONS.
(A) The Board of Ethics may render advisory opinions concerning matters within its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by an officer or employee of the city or city agency.
(B) An advisory opinion shall be requested in writing, and such request shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requestor.
(C) The Board may adopt regulations, consistent with the Kentucky Open Records Law, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents, except that before an advisory opinion is made public, it shall be modified so that-the identity of any person associated with the opinion shall not be revealed.
(D) The confidentiality of an advisory opinion may be waived either:
(1) In writing by the person who requested the opinion; or
(2) By majority vote of the members of the Board, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by or on behalf of that person. The Board may make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case, if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion.
(F) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.26 REPRISALS AGAINST PERSONS DISCLOSING VIOLATIONS PROHIBITED.
(A) No officer or employee of the city or city agency shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce or discriminate against any person who in good faith reports, discloses, divulges or otherwise brings to the attention of the Board of Ethics or any other agency or official of the city or the Commonwealth any facts or information relative to an actual or suspected violation of this chapter.
(B) This section shall not be construed as prohibiting disciplinary or punitive action if an officer or employee of the city or city agency discloses information which he or she knows;
(1) To be false or which he or she discloses with reckless disregard for its truth or falsity;
(2) To be exempt from required disclosure under the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884; and
(3) Is confidential under any other provision of law.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.27 CONFLICTING ORDINANCES REPEALED.
All other ordinances and parts of ordinances in conflict with this chapter are hereby repealed to the extent of the conflict.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.28 EFFECTIVE DATE.
This chapter shall take full force and effect immediately upon publication as required by KRS 83A.060.
(Ord. 248, Series 1994, passed 2-26-1995)
§ 36.99 PENALTY.
(A) Except when another penalty specifically is set forth in this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil penalty imposed by the Board of Ethics not to exceed $250 which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(B) In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or the city agency an amount equal to the economic benefit or gain which the officer or employee is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(C) In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or city agency is guilty of a violation of this chapter shall be sufficient cause for removal, suspension, demotion or other disciplinary action by the Mayor. Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the Commonwealth.
(Ord. 248, Series 1994, passed 2-26-1995)
Public Works
[Reserved]
CHAPTER 70: GENERAL PROVISIONS
Section
General Provisions
70.01 Definitions
70.02 Required obedience to traffic directions
70.03 Powers and duties of city or Mayor
70.04 Authority for enforcement
70.05 Temporary regulations
70.06 Boat operations
70.07 Master street plan
Traffic-Control Devices
70.15 Signal legends
70.16 Establishment and maintenance of traffic-control devices
70.17 Obedience to signals
70.18 Interference with signals
70.19 Unauthorized signals or markings
70.20 Device to be legible and in proper position
70.21 Temporary disregard of devices by police officers
70.99 General penalty
GENERAL PROVISIONS
§ 70.01 DEFINITIONS.
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED EMERGENCY VEHICLES. Vehicles of the Fire Department or city or Mayor, vehicles of the Commonwealth Attorney's office when on official business and ambulances on an authorized emergency run.
BOULEVARD. Any legally designated street at which cross traffic is required to stop before entering or crossing the boulevard.
BUSINESS DISTRICT. Any portion of any street between 2 consecutive intersections in which 50% or more of the frontage on either side of the street is used for business purposes.
CROSSWALK. That portion of the roadway included within the extension of the sidewalk across any intersection, and such other portions of the roadway between 2 intersections, as may be legally designated as crossing places and marked by stanchions, paint lines or otherwise.
CURB. The boundary of that portion of the street used for vehicles whether marked by curbstones or not.
INTERSECTION. That part of the public way embraced within the extensions of the street lines of 2 or more streets which join at an angle whether or not 1 street crosses the other.
OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, warnings, directions, markings and devices placed or erected or maintained by authority of the Chief of Police.
ONE-WAY STREET. A street on which vehicles are permitted to move in 1 direction only.
OPERATOR. Every person who is in actual physical control of the guidance, starting and stopping of a vehicle.
PARK. When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.
PEDESTRIAN. Any person afoot.
PLAY STREET. Any street or portion thereof so designated by the Mayor and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.
POLICE DEPARTMENT. The city or Mayor or other persons or agency authorized to perform the duties of § 70.03 or any other acts necessary to implement and enforce this traffic code.
PUBLIC WAY. The entire width between property lines of every way, dedicated passway or street set aside for public travel, except bridle paths and foot paths.
REVERSE TURN. To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
RIGHT-OF-WAY. The privilege of the immediate and preferential use of the street.
ROADWAY. That portion of any street, improved, designated or ordinarily used for vehicular travel.
SIDEWALK. That portion of the street between the curb and the property line intended for the use of pedestrians.
STOPPING. As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.
STREET. Every public way, including alleys.
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, buses and other conveyances, individually or collectively, while using any street for the purpose of travel.
VEHICLE. Every device in, on, or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.
§ 70.02 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal or direction given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.
(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, the state, county or city, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.
(C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application.
Penalty, see § 70.99
§ 70.03 POWERS AND DUTIES OF CITY OR MAYOR.
It shall be the duty of the city or Mayor to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents and to cooperate with other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.
§ 70.04 AUTHORITY FOR ENFORCEMENT.
Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the city or Mayor, and, except in case of emergency, it shall be unlawful for any other person to direct or attempt to direct traffic by voice, hand, whistle or any other signal.
Penalty, see § 70.99
§ 70.05 TEMPORARY REGULATIONS.
When required for the convenience and safety of the public and to alleviate unusual traffic problems, the Mayor or other authorized city official shall, at his or her discretion, have authority to impose such traffic regulations as he or she may deem necessary for temporary periods not to exceed 2 weeks. If these temporary regulations are necessary for a period longer than 2 weeks, the City Clerk shall be notified in writing of the extended order.
§ 70.06 BOAT OPERATIONS.
(A) The city is empowered to regulate the operation of boats, that any boat parked upon the street must be affixed on a trailer, that no boat may be parked upon the streets within the city for more than a 24 hour period.
(B) Any owners and/or operators having a boat parked upon his or her premises must have the boat on a trailer in order to protect the safety and welfare of any person coming up on the property.
(C) This section is effective upon its passage end publication thereof.
(Ord. 43, passed 9-20-1965) Penalty, see § 70.99
§ 70.07 MASTER STREET PLAN.
(A) The primary streets are Stonehurst, Hermitage Way, Bayberry Place, Blossom Lane and Colonel Drive.
(B) All other streets are considered secondary streets.
(C) Traffic-control devices involved are stop signs, yield signs, no parking here to corner and no parking signs.
(D) The city has the authority to place traffic control devices where it is believed proper; however, the City Council has the prerogative to make any changes.
(E) All present regulations presently in force and locations shall be filed and indexed with this section.
(Ord. 95, Series 1975, passed 3-17-1975)
TRAFFIC-CONTROL DEVICES
§ 70.15 SIGNAL LEGENDS.
Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words "Go," "Caution" or "Stop," or exhibiting different colored lights for purposes of traffic control, the following colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:
(A) Green alone or "Go". Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Steady yellow alone or "Caution" when shown following the green or "Go" signal. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicular traffic facing a steady yellow signal may enter and clear the intersection.
(C) Red alone or double red or "Stop". Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "Go" is shown alone.
(D) Flashing red alone. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it can do so without danger.
(E) Flashing amber alone. Vehicular traffic facing the signal shall reduce its speed and proceed cautiously across the intersection controlled by such signal.
(F) "Yield Right-of-Way". Vehicular traffic facing the "Yield Right-of-Way" sign shall bear the primary responsibility of safely entering the primary intersecting or merging right-of-way. All traffic facing the sign shall yield the right-of-way to all vehicles and pedestrians within such primary intersecting or merging right-of-way. No vehicle facing a "Yield Right-of-Way" sign shall enter the merging or intersecting right-of-way at a speed in excess of 15 mph, except that this speed limit shall not apply to vehicles entering an expressway.
(G) Lane lights. When lane lights are installed over any street for the purpose of controlling the direction of flow of traffic, vehicular traffic shall move only in traffic lanes over which green arrows appear. However, when flashing amber lights appear above a lane all left turns shall be made from that lane. Where red arrows appear above such lanes, vehicles shall not move against them. If flashing amber lights show above a lane, that lane shall be used only for passing and for left turns unless a sign at such place prohibits the turn.
Penalty, see § 70.99
Statutory reference:
Traffic-control signals, see KRS 189.338
§ 70.16 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
The city shall establish and maintain all official traffic-control devices necessary within the city. All traffic-control devices, including signs, shall be employed to indicate 1 particular warning or regulation, shall be uniform and as far as possible shall be placed uniformly. All traffic-control devices and signs shall conform to required state specifications.
§ 70.17 OBEDIENCE TO SIGNALS.
(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for the barrier or sign must be approved by the city.
(B) The sign, signal, marking or barrier shall have the same authority as the personal direction of a police officer.
Penalty, see § 70.99
§ 70.18 INTERFERENCE WITH SIGNALS.
No person shall without authority attempt to or in fact alter, deface, injure, knock down or remove any official control device or any railroad sign or signal, or any inscription, shield or insignia thereon, or any part thereof.
Penalty see § 70.99
§ 70.19 UNAUTHORIZED SIGNALS OR MARKINGS.
(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal any commercial advertising. Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign whose placing has been approved by the city.
(B) Every such prohibited sign, signal or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed.
Penalty, see § 70.99
§ 70.20 DEVICE TO BE LEGIBLE AND IN PROPER POSITION.
No provision of this traffic code for which signs or any other traffic-control device is required shall be enforceable against an alleged violator if at the time and place of the alleged violation the required device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 70.21 TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS.
In an emergency any police officer may at his or her discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.
§ 70.99 GENERAL PENALTY.
(A) Any person who violates any provision of this traffic code where no other penalty is specifically provided shall be guilty of a misdemeanor and shall be fined not less than $20, nor more than $500.
(B) Any owner or operator of a boat not complying with § 70.06 may be fined a minimum of $10 or maximum of $100. If § 70.06 is in conflict with any state statute that the state statute would apply.
(Ord. 43, passed 9-20-1965)
CHAPTER 71: TRAFFIC RULES
Section
Operation Generally
71.01 Obstructing traffic
71.02 Reverse or U turns
71.03 Backing vehicles
71.04 Vehicles crossing sidewalks
Accidents
71.15 Duty of operator
71.16 Accident report
Prohibitions
71.25 Operator of vehicle to drive carefully
71.26 Right-of-way of emergency vehicles; following emergency vehicles; driving over fire
hose
71.27 Smoke emission or other nuisance
71.28 Gross weight of trucks
Parades
71.40 Definitions
71.41 Permit required
71.42 Application for permit
71.43 Standards for issuance of permit
71.44 Notice of rejection of permit
71.45 Appeal procedure when permit denied
71.46 Alternative permit
71.47 Notice to city and other officials when permit issued
71.48 Contents of permit
71.49 Duties of permittee
71.50 Public conduct during parades
71.51 Revocation of permit
71.99 Penalty
OPERATION GENERALLY
§ 71.01 OBSTRUCTING TRAFFIC.
(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.
(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.
(C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall be marked in a distinctive manner in order to indicate its importance. Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he or she shall be deemed to have violated this division rather than division (B) above.
Penalty, see § 71.99
§ 71.02 REVERSE OR U TURNS.
The operator of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless the movement can be made in safety without interfering with other traffic.
(KRS 189.330(8)) Penalty, see § 71.99
§ 71.03 BACKING VEHICLES.
It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement. A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel.
Penalty, see § 71.99
' 71.04 VEHICLES CROSSING SIDEWALKS.
(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the Mayor or other authorized city official.
(B) (1) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension.
(2) On entering the roadway from the alley, driveway or building the operator shall yield the right-of-way to all vehicles approaching on the roadway.
(3) The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution.
Penalty, see ' 71.99
ACCIDENTS
' 71.15 DUTY OF OPERATOR.
It shall be the duty of the owner of, operator of or passenger in any motor vehicle which is involved in an accident in which any person is injured or property damaged to stop immediately and ascertain the extent of the injury or damage and render such assistance as may be needed.
Penalty, see ' 71.99
Statutory reference:
Duty in case of accident, see KRS 189.580
' 71.16 ACCIDENT REPORT.
The operator, owner or passenger involved in an accident resulting in the injury or death of any person, or an accident in which property is damaged, shall immediately report the accident or property damage to the city or Mayor.
Penalty, see ' 71.99
PROHIBITIONS
' 71.25 OPERATOR OF VEHICLE TO DRIVE CAREFULLY.
(A) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(B) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway.
(KRS 189.290) Penalty, see ' 71.99
' 71.26 RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY
VEHICLES; DRIVING OVER FIRE HOSE.
(A) Upon the approach of an emergency vehicle equipped with, and operating, 1 or more flashing, rotating or oscillating red or blue lights visible under normal conditions from a distance of 500 feet to the front of the vehicle; or when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the highway clear of any intersection, and stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a police officer or firefighter.
(B) Upon the approach of any emergency vehicle operated in conformity with the provisions of division (A) above, the operator of every vehicle shall immediately stop clear of any intersection and shall keep such position until the emergency vehicle has passed, unless directed otherwise by a police officer or firefighter.
(C) No operator of any vehicle, unless he or she is on official business, shall follow any emergency vehicle being operated in conformity with the provisions of division (A) above closer than 500 feet, nor shall he or she drive into, park the vehicle into, or park the vehicle within the block where the vehicle has stopped in answer to an emergency call or alarm, unless he or she is directed otherwise by a police officer or firefighter.
(D) No vehicle, train or other equipment shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, private driveway, or track for use at any fire alarm unless the fire department official in command consents that the hose be driven over.
(E) Upon approaching a stationary emergency vehicle or public safety vehicle, when the emergency vehicle or public safety vehicle is giving a signal by displaying alternately flashing yellow, red, red and white, red and blue, or blue lights, a person who drives an approaching vehicle shall, while proceeding with due caution:
(1) Yield the right-of-way by moving to a lane not adjacent to that of the authorized emergency vehicle, if:
(a) The person is driving on a highway having at least four lanes with not fewer than 2 lanes proceeding in the same direction as the approaching vehicle; and
(b) If it is possible to make the lane change with due regard to safety and traffic conditions; or
(2) Reduce the speed of the vehicle, maintaining a safe speed to road conditions, if changing lanes would be impossible or unsafe.
(F) This section does not operate to relieve the person who drives an emergency vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.
(KRS 189.930) Penalty, see ' 71.99
§ 71.27 SMOKE EMISSION OR OTHER NUISANCE.
Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke or other nuisance, to protect the rights of other traffic and to promote the public safety.
(KRS 189.020) Penalty, see § 71.99
§ 71.28 GROSS WEIGHT OF TRUCKS.
(A) No truck shall use the streets when its gross weight exceeds 18,000 pounds.
(B) This section takes effect upon its passage and approval.
(Ord. 33, Series 1963, passed 7-15-1963)
PARADES
§ 71.40 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARADE. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display in or on any street, sidewalk, park or other public place in the city.
PARADE PERMIT. A permit required by this subchapter.
§ 71.41 PERMIT REQUIRED.
(A) No person or persons shall engage in, participate in, aid, form or start any parade unless a parade permit has been obtained from the Mayor or other authorized city official.
(B) This subchapter shall not apply to:
(1) Funeral processions; or
(2) A governmental agency acting within the scope of its functions.
Penalty, see § 71.99
§ 71.42 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an application with the Chief of Police or other authorized city official on forms provided by such officer.
(A) Filing period. The application for a parade permit shall be filed not less than 5 days or not more than 60 days before the date on which it is proposed to conduct the parade.
(B) The application for a parade permit shall set forth the following information:
(1) The name, address and telephone number of the person seeking to conduct the parade;
(2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;
(3) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point, and the termination point;
(6) The approximate number of persons, animals and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;
(7) The hours when the parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park or other public place proposed to be traversed;
(9) The location by street of any assembly area for the parade;
(10) The time at which units of the parade will begin to assemble at any such assembly area or areas;
(11) The interval of space to be maintained between units of the parade;
(12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply for the permit on his or her behalf; and
(13) Any additional information reasonably necessary to a fair determination as to whether a permit should issue.
(C) There shall be paid at the time of filing an application for a parade permit a fee in an amount as established by the City Council.
Penalty, see § 71.99
§ 71.43 STANDARDS FOR ISSUANCE OF PERMIT.
The Mayor or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he or she finds that:
(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(D) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire; and
(F) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute.
Penalty, see § 71.99
§ 71.44 NOTICE OF REJECTION OF PERMIT.
The Mayor or other authorized city official shall act on the application for a parade permit within 3 days, Saturdays, Sundays and holidays excepted, after filing thereof. If he or she disapproves the application, he or she shall mail to the applicant within the 3 days, Saturdays, Sundays and holidays excepted, after the date on which the application was filed, a notice of his or her action stating the reasons for his or her denial of the permit.
§ 71.45 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 30 days after notice of denial. The City Council shall act on the appeal within 30 days after its receipt.
§ 71.46 ALTERNATIVE PERMIT.
The Mayor or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall file a written notice of his or her acceptance. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
§ 71.47 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit, a copy thereof shall be sent to the following persons:
(A) The Mayor;
(B) The City Attorney;
(C) The Fire Chief; and
(D) The general manager or responsible head of each public utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
§ 71.48 CONTENTS OF PERMIT.
Each parade permit shall state the following information:
(A) Starting time;
(B) Minimum speed;
(C) Maximum speed;
(D) Maximum interval of space to be maintained between the units of the parade;
(E) The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;
(F) The maximum length of the parade in miles or fractions thereof; and
(G) Such other information as is reasonably necessary to the enforcement of this subchapter.
Penalty, see § 71.99
§ 71.49 DUTIES OF PERMITTEE.
(A) A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(B) The parade chairman or other person heading or leading the activity shall carry the parade permit on his or her person during the conduct of the parade.
Penalty, see § 71.99
§ 71.50 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
Cross reference:
Parking on parade routes, see § 72.07
§ 71.51 REVOCATION OF PERMIT.
The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.
§ 71.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall be guilty of a misdemeanor and shall be fined not less than $20 nor more than $500.
(B) Any person who violates § 71.26 shall be guilty of a misdemeanor and shall be fined not less than $60 nor more than $500, or be imprisoned in the county jail for not more than 30 days, or both. (KRS 189.993(8))
(C) Any person, firm or corporation violating any provision of § 71.28 shall be fined $10 to $100 for each offense.
(Ord. 33, Series 1963, passed 7-15-1963)
CHAPTER 72: PARKING REGULATIONS
Section
Parking Generally
72.01 Obstructional parking; double parking
72.02 Manner of parking
72.03 Limitations of stopping and parking
72.04 Restrictions and prohibitions on designated streets
72.05 Parking restricted to allow street cleaning
72.06 Parking in excess of certain number of hours prohibited; towing authorized
72.07 Parking on parade route
72.08 Parking on off-street facility
72.09 Owner responsibility
72.10 Parking in parks
72.11 Display of parked vehicle for sale
72.12 Parking with handicapped permits
72.13 Buses and trucks
72.14 Parking for aging and handicapped
Impounding
72.20 Impoundment of vehicles authorized; redemption
72.21 Required notice to owner
72.22 Sale of vehicle
Snow Emergency
72.35 Announcement of snow emergency
72.36 Termination of emergency
72.37 Snow emergency routes
72.99 Penalty
Statutory reference:
Revenues from fees, fines, and forfeitures related to parking, see KRS 65.120
PARKING GENERALLY
§ 72.01 OBSTRUCTIONAL PARKING; DOUBLE PARKING.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction or hindrance in or on any street, alley or sidewalk within the city either during the day or night.
(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.
Penalty, see § 72.99
§ 72.02 MANNER OF PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a 1-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.
(B) No vehicle shall be parked or left standing on any street unless its 2 right wheels are within 6 inches of and parallel with the curb, except that on 1way streets where parking is permitted on the left side the 2 left wheels are to be within 6 inches of and parallel with the curb.
(C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that the loading and unloading and delivery of property and material shall not consume more than 30 minutes. The backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway by moving vehicles or occupies road space within 10 feet of the center line of the street.
(D) The city may establish diagonal parking at certain places, requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not be established where the roadway space required therefor would be within 10 feet of the center line of any street. The diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which the vehicle shall park.
(E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for 1 vehicle.
(F) It shall be unlawful for anyone to park any vehicle except for on a hard surface, that being asphalt or concrete.
Penalty, see § 72.99
§ 72.03 LIMITATIONS OF STOPPING AND PARKING.
It shall be unlawful for the operator of any vehicle to stop or park such vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:
(A) On the mainly-traveled portion of any roadway or on any other place in the roadway where vehicles stand in any manner other than as specified in § 72.02;
(B) On a sidewalk;
(C) In front of sidewalk ramps provided for persons with disabilities;
(D) In front of a public or private driveway;
(E) Within an intersection or crosswalk;
(F) At any place where official signs prohibit stopping or parking; (This does not apply to police officers when operating properly identified vehicles during the performance of their official duties.)
(G) Within 30 feet of any flashing beacon, traffic sign or traffic-control device; and
(H) No person shall move a vehicle not lawfully under his or her control into any such prohibited area.
(KRS 189.450(5), (6)) Penalty, see § 72.99
§ 72.04 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.
(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control devices.
(B) The provisions of this section imposing a time limit on parking shall not relieve any person from his or her duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.
(C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.
(D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.
(E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.
(F) (1) The city shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, appropriate signs shall be erected giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times may be painted a solid yellow color.
(2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require the signs and markings.
(G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.
Penalty, see § 72.99
§ 72.05 PARKING RESTRICTED TO ALLOW STREET CLEANING.
The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to stop on any street so designated.
Penalty, see § 72.99
§ 72.06 PARKING IN EXCESS OF CERTAIN NUMBER OF HOURS PROHIBITED;
TOWING AUTHORIZED.
It shall be unlawful for anyone to park in any 1 place any vehicle on any of the public ways or streets of the city for a period of 24 hours or longer. Any vehicle left parked in any 1 place on any of the public ways or streets of the city for a period of 24 hours or longer shall be deemed abandoned, and shall be subject to all existing regulations of the city pertaining to abandoned motor vehicles.
Penalty, see § 72.99
Cross-reference:
Removal of abandoned vehicles, see § 72.21 et seq.
§ 72.07 PARKING ON PARADE ROUTE.
(A) The Mayor or other authorized city official shall have the authority, whenever in his or her judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent the parking.
(B) It shall be unlawful to park or leave unattended any vehicle in violation of the signs or directions.
Penalty, see § 72.99
Cross-reference:
Parades, see §§ 71.40 through 71.51
§ 72.08 PARKING ON OFF-STREET FACILITY.
(A) It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee or person in charge of such property or facility.
(B) If at any time a vehicle is parked, abandoned or otherwise trespasses in violation of division (A) of this section, the owner, lessee or person in charge of the property or facility may have the unauthorized motor vehicle removed in accordance with the provisions of §§ 72.20 through 72.22.
(C) Every property owner or operator of an off-street parking facility shall post signs stating thereon that the property or parking lot or facility is privately owned and that unauthorized vehicle will be removed at the owner's expense before exercising the authority granted in division (B).
Penalty, see § 72.99
Statutory reference:
Removal of vehicles by owners of private parking lots; signs, see KRS 189.725
§ 72.09 OWNER RESPONSIBILITY.
If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
Penalty, see § 72.99
§ 72.10 PARKING IN PARKS.
It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot or tot lot within the city not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least 2 wheels of the motor vehicle are resting on the roadway.
Penalty, see § 72.99
§ 72.11 DISPLAY OF PARKED VEHICLE FOR SALE.
It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street.
Penalty, see § 72.99
§ 72.12 PARKING WITH HANDICAPPED PERMITS.
(A) Any other provision to the contrary notwithstanding, a motor vehicle bearing a decal in its front windshield issued by the County Clerk pursuant to appropriate county ordinances for handicapped persons, when operated by a handicapped person or when transporting a handicapped person, may be parked in a designated handicapped parking place, or when parked in a metered parking space may be parked for 2 hours for no fee, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. The motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person to or from the parked vehicle, but in no circumstances longer than 30 minutes.
(B) This section shall not permit parking in a "no stopping" or "no parking" zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
Penalty, see § 72.99
§ 72.13 BUSES AND TRUCKS.
(A) (1) Buses shall be defined as those self-propelled vehicles that are designed primarily for passenger transportation and exceed 20 feet in length.
(2) Trucks shall be defined as those vehicles which are used primarily for the transportation of goods and exceed 20 feet in length.
(B) (1) It shall be unlawful for any person, firm, or corporation to park a bus or a truck within the corporate limits of the city unless the parking is pursuant to the active loading or unloading of the vehicle.
(2) The city may, from time to time, establish parking areas for buses and trucks pursuant to municipal order.
(3) The owner or operator of a bus or truck may obtain a permit to park the vehicle within the corporate limits for a period not to exceed 24 hours. The permit shall be issued by the Chief of Police. The administrative fee for a permit shall be $3 and no more than 1 permit may be issued for a particular vehicle within a 30-day period.
(Ord. 159, Series 1984, passed 3-19-1984) Penalty, see § 72.99
§ 72.14 PARKING FOR AGING AND HANDICAPPED.
(A) (1) All owners of off-street parking facilities intended for public use shall have a number of level parking spaces as set forth in the following table, identified by above grade signs as reserved for physically handicapped persons. Each reserved parking space shall be not less than 12 feet wide.
|
Accessible Parking Spaces |
|
|
Total Parking in Lot |
Required Number of Accessible Spaces |
|
up to 25 |
1 |
|
26 to 50 |
2 |
|
51 to 75 |
3 |
|
76 to 100 |
4 |
|
101 to 150 |
5 |
|
151 to 200 |
6 |
(2) Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances. Parking spaces shall be located so that the physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.
(B) For purposes of this section, the term HANDICAPPED PERSON means a person confined to a wheelchair; a person who uses braces or crutches; a person who, because of the loss of a foot or leg or because of an arthritic, spastic, pulmonary or cardiac condition, walks with difficulty or insecurity; a person who suffers from faulty coordination or palsy; a person who is so impaired that, functioning in a public area, he or she is insecure or exposed to danger; and a person whose mobility, flexibility, coordination and perceptiveness are significantly reduced by aging or by temporary disability.
(C) A vehicle operated by or transporting a handicapped person shall be evidenced by:
(1) A special license plate for a handicapped person issued pursuant to KRS 186.042 or;
(2) A special parking permit for a handicapped person issued by the Jefferson County Clerk.
(D) A motor vehicle bearing a special parking ,permit or license plate for handicapped persons when operated by a handicapped person or when transporting a handicapped person may be parked in a designated handicapped parking place, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. This section shall neither permit parking in a no stopping or no parking zone, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
(E) (1) No person shall make, issue or knowingly use any imitation or counterfeit of a special parking permit or license plate for the handicapped.
(2) No person shall display or cause or permit to be displayed upon any vehicle the permit knowing it to be ficitious or issued for another person.
(3) No unauthorized person shall knowingly possess a special parking permit or license plate for the handicapped.
(Ord. 166, Series 1984, passed - -)
IMPOUNDING
§ 72.20 IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.
(A) All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.
(B) A vehicle slated for impoundment will be tagged and placed under control of the city or Mayor. Should a vehicle be moved without the consent and approval of the city or Mayor a warrant shall be issued immediately for the violator's arrest.
(C) All fines, fees and charges must be paid in full before a release of impoundment can be issued for the vehicle's release.
§ 72.21 REQUIRED NOTICE TO OWNER.
(A) When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority or by private person or business, the police, other authority or private person or business shall attempt to ascertain from the state's Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS Ch. 281 and within 10 business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number and vehicle identification number of the vehicle, of the location of the vehicle and of the requirements for securing the release of the motor vehicle.
(B) If a vehicle described in division (A) is placed in a garage or other storage facility, the owner of the facility shall attempt to provide the notice provided in division (A) by certified mail to the registered owner at the address of record of the motor vehicle or lessor of a motor carrier as defined in KRS Ch. 281 within 10 business days of recovery of, or taking possession of the motor vehicle. This notice shall contain the information as to the make, model, license number and identification number of the vehicle, the location of the vehicle and the amount of reasonable charges due on the vehicle. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after 10 business days from the date of tow. This division (B) shall not apply to a tow lot or storage facility owned or operated by the city.
(KRS 376.275(1), (2))
§ 72.22 SALE OF VEHICLE.
Any person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements of § 72.21 shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his or her possession. If after a period of 45 days, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail 10 days prior to the time and place of the sale. If the proceeds of the sale of any vehicle pursuant to this section are insufficient to satisfy accrued charges for towing, transporting and storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting and storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens.
(KRS 376.275(3))
SNOW EMERGENCY
§ 72.35 ANNOUNCEMENT OF SNOW EMERGENCY.
(A) Whenever the Mayor or other authorized city official finds that falling snow, sleet or freezing rain will create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes be prohibited, or whenever he or she finds on the basis of a firm forecast of snow, sleet, or freezing rain that the weather conditions so forecasted may create a condition making it necessary that such parking be prohibited, he or she is authorized to announce such prohibition, to become effective at a time specified by him or her.
(B) After the effective time of such prohibition no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route. However, if a fall of snow, sleet or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m., and the Mayor or other authorized city official has not announced prior to 11:00 p.m. that parking on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. following such fall.
(C) The prohibition of parking announced by the Mayor or other authorized city official under the authority of this section shall remain in effect until he or she announces the termination of the snow emergency, in part or in which the prohibition of parking authorized by this section shall no longer be in effect.
Penalty, see § 72.99
§ 72.36 TERMINATION OF EMERGENCY.
Whenever the Mayor or other authorized city official shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he or she is authorized to declare the termination of the emergency, in part or in whole, effective immediately on announcement. If such announcement is made other than between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.
§ 72.37 SNOW EMERGENCY ROUTES.
The term SNOW EMERGENCY ROUTE shall mean any route designated by the Mayor or other authorized city official. On such street or highway designated as a snow emergency route, special signs shall be posted to this effect.
§ 72.99 PENALTY.
(A) Any person receiving a citation for any parking violation in the city shall be deemed to have committed a violation and shall be fined in an amount not less than $20 nor more than $100.
(KRS 189.990(1))
(B) Any person, firm or corporation that is found guilty of violating an provision of § 72.13 shall be fined $20 for each offense and each day that a violation continues shall constitute a separate offense.
(Ord. 159, Series 1984, passed 3-19-1984)
(C) (1) Any person who violates any of the provisions in § 72.14 shall be fined $100.
(2) (a) Any person or business that violates § 72.14(A) shall be fined not less than $25 nor more that $100. Each day that the person or business is in violation shall constitute a separate offense.
(b) The owner or operator of any vehicle parked in a "Handicapped Only" parking space without a duly issued permit shall be fined not less than $25 nor more than $100.
(c) The owner or operator of any vehicle marked with a special parking permit or license plate which is not being used for the benefit of a handicapped person, or while being used for the benefit of a handicapped person exceeds the time limit set out above, shall be fined not less than $25 and not more than $100.
(d) The owner and or operator of any vehicle parked in a "Handicapped Only" parking area with an expired special parking permit or license plate shall be fined not less than $25 nor more than $100.
(Ord. 166, Series 1984, passed - -)
CHAPTER 73: BICYCLES AND MOTORCYCLES
Section
73.01 Operation of bicycles
73.02 Safety equipment
73.03 Motorized bicycle; scooter, and the like
73.04 Impounding bicycles
73.99 Penalty
' 73.01 OPERATION OF BICYCLES.
(A) Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. Every person riding a bicycle upon a sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to a pedestrian. The applicable provisions of the traffic code shall apply to bicycles.
(B) A violation of any traffic law by an operator of a bicycle shall be ticketed using the same procedure as is used for motor vehicle infractions, except that any violation committed while operating a bicycle shall not affect the status of the violator's motor vehicle operator's license. When a citation is issued to a bicycle operator, the fact that violation involves a bicycle shall be clearly indicated on the citation.
(C) Whenever there is a violation of traffic law by a bicycle operator or a violation by a motorist of traffic law by a bicycle operator or a violation by a motorist that endangers a bicycle operator, the court may permit demonstration of successful completion of a court approved cycling knowledge course or test in lieu of or in addition to a fine or other penalty.
(D) A person operating a bicycle or motorcycle shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other person upon such bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle or motorcycle other than upon such a firmly attached and regular seat.
(E) No bicycle shall be used to carry more persons at 1 time than the number for which it is designed and equipped, however, the above shall not prohibit the carrying of a child in a seat or trailer designed for carrying children and firmly attached to the bicycle.
(F) No person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.
(G) No person riding upon any motorcycle, bicycle, coaster, roller skates, sled or toy vehicle shall attach the same to himself to any vehicle upon a roadway.
(H) No operator shall knowingly permit any person riding upon any motorcycle, bicycle, coaster, roller skates, sled or toy vehicle to attach the same or himself to any vehicle while it is moving upon a roadway. This section does not apply to the towing of a disabled vehicle, nor to the towing of a trailer designed for this purpose.
(I) Persons riding bicycle or motorcycles upon a roadway shall ride not more than 2 abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycle or motorcycles.
(J) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.
(K) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that my require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it is otherwise unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.
(L) When a bicycle is operated on the roadway, the operator shall give hand signals to other vehicle operators in the vicinity before turning or changing lanes. Such signals shall conform with the motor vehicle laws of the state. A signal shall be made not less than one time but is not required to be continuous. A bicycle operator is not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the bicycle.
(M) No person shall operate a bicycle:
(1) Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, and so as to endanger the life, limb or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;
(2) Without exercising reasonable and ordinary control over such bicycle;
(3) In a weaving or zigzag course unless such irregular course is necessary for safe operation in compliance with law.
(N) Any person operating a bicycle shall obey the instructions of official traffic signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(O) Whenever authorized signs are erected that no right or left or "U" turns are permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(P) Except where required by emergency and service persons, including, but not limited to such as police, fire and EMS, no person over the age of 11 shall operate a bicycle on any sidewalk. Additionally, any person riding a bicycle who is under the age of 18, must wear a helmet.
(Q) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. This audible signal may be given by the voice or by a bell or other warning device capable of giving an audible signal and shall be given at such a distance and in such a manner as not to startle person or persons being overtaken and passed.
(R) A person operating a bicycle upon a sidewalk, before overtaking and passing a blind person carrying a white cane or guided by a dog, shall dismount and overtake or pass on foot, if necessary for safety.
(S) A person shall not operated a bicycle from a sidewalk so as to suddenly leave a curb or other place of safety and move in to the path of a vehicle that is so close as to constitute an immediate hazard.
(T) No person shall operate a bicycle on a sidewalk at a speed greater that an ordinary walk when approaching or entering a crosswalk or approaching or crossing a driveway if a vehicle is approaching the crosswalk or driveway. This paragraph does not require reduced speeds for bicycle when other vehicles are not present.
(U) The operator of a bicycle emerging form an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alley or driveway, yield the right of way to all pedestrians approaching on such sidewalk area and upon entering the street shall yield the right of way to all vehicles approaching on said street.
(V) No person shall park a bicycle upon a sidewalk in such a manner so as to unduly interfere with pedestrian traffic, or upon a roadway so as to unduly interfere with vehicular traffic. Bicycles shall be parked in such a manner as not to interfere with building entrances.
(W) Motorists must:
(1) Share the road with bicyclists.
(2) Before passing a cyclist, look to see if there is something in the right land (debris, parked cars, drainage grates, and the like) that might cause the cyclist to divert their course to the left. Pass only when the motorist can allow at least 3 feet between the car and the cyclist. Return to the lane only when completely clear of the cyclist. Motorists turning right after passing a cyclist must allow enough room so that the forward path is not obstructed. When opening a car door, motorist must look for cyclists in the rear view mirror.
(Ord. 4, Series 2007-2008, passed 4-10-2008) Penalty, see ' 73.99
' 73.02 SAFETY EQUIPMENT.
(A) A bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
(B) Every bicycle when in use after sunset, shall be equipped with the following:
(1) A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least 500 feet to the front and 300 feet to, the sides. A generator powered lamp, which emits light only when the bicycle is moving, may be used to meet this requirement.
(2) A red reflector on the rear of a type that shall be visible from all distances from one hundred feet to 600 feet to the rear when directly in front of a lawful lower beams of head lamps on a motor vehicle.
(3) A light emitting either flashing or steady red light visible from a distance of 500 feet in the rear shall be used in addition to the reflector. If the red light performs as a reflector such that it is visible as specified in division (2) above, it shall satisfy the requirement for a reflector.
(4) Additional lights and reflectors may be used in addition to those required under division (A) above except that red lights and reflectors shall not be used on the front of the bicycle nor shall white or colorless lights or reflectors be used on the rear of the bicycle.
(C) Every bicycle shall be equipped with an adequate brake when used on a street or highway.
(Ord. 4, Series 2007-2008, passed 4-10-2008) Penalty, see ' 73.99
' 73.03 MOTORIZED BICYCLE; SCOOTER, AND THE LIKE.
(A) Any and all motorized bicycles, mopeds, scooters, skateboards and any other related electric or gasoline motorized device which is on the public roadways must comply with all requirements of motor vehicles in the Kentucky Revised Statutes in terms of all safety equipment, registration and licensure requirements.
(Ord. 4, Series 2007-2008, passed 4-10-2008) Penalty, see ' 73.99
' 73.04 IMPOUNDING BICYCLES.
Whenever any minor under the age of eighteen years operates a bicycle or motorized bicycle in violation of any section of this Traffic Code, the bicycle may be seized by any member of the police department and impounded. A bicycle or motorized bicycle so impounded shall be surrendered to the owner, or if the owner is a minor, to the parents of guardians of such minor, and no charge shall be made. A full explanation of the reason for the impounding shall be made to the owner.
(Ord. 4, Series 2007-2008, passed 4-10-2008) Penalty, see ' 73.99
73.99 PENALTY.
Whoever violates any provision of this chapter shall be deemed to have committed a violation and shall be fined not more than $50 for each offense.
CHAPTER 74: TRAFFIC SCHEDULES
Schedule
I. Stop intersections
II. Yield intersections
SCHEDULE I. STOP INTERSECTIONS.
|
Street |
Intersection |
|
Bayberry Place |
Westport Road |
|
Bayberry Place |
Curve near Club entrance |
|
Bayberry Place |
Hermitage Way |
|
Colonel Drive |
Blossom Lane |
|
Cottonwood Drive |
Blossom Lane |
|
Cottonwood Drive |
Bayberry Place |
|
Malvern Hill |
Hermitage Way |
|
Rhett Butler |
Colonel Drive |
|
Savannah Road |
Blossom Lane |
|
Savannah Road |
Bayberry Place |
|
Stonehurst Drive |
Westport Road |
|
Stonehurst Drive |
Hermitage Way |
(Ord. 95, Series 1975, passed - -)
SCHEDULE II. YIELD INTERSECTIONS.
|
Street |
Intersection |
|
Malvern Hill |
Stonehurst Drive |
|
Bayou Way |
Colonel Drive |
|
Hermitage Way |
Blossom Lane |
(Ord. 95, Series 1975, passed - -)
CHAPTER 75: PARKING SCHEDULES
Schedule
I. Restricted parking
SCHEDULE I. RESTRICTED PARKING.
|
Street |
Location |
Restrictions |
Ord. No. |
Date Passed |
|
Bayberry Place |
North side between Cottonwood Road and Club entrance |
No parking here to corner |
95, Series 1975 |
- - |
|
Bayberry Place |
North side of the street from Cottonwood Drive to Hermitage Way |
|
105, Series 1976 |
10- -1976 |
|
Bayou Way |
|
Parking south side only |
98, Series 1975 |
7-21-1975 |
|
Blossom Lane |
South side at the end of Colonel Drive |
No parking between signs |
95, Series 1975 |
- - |
|
Blossom Lane |
Colonel Drive westbound |
No parking here to corner |
95, Series 1975 |
- - |
|
Blossom Lane |
|
Parking south side only |
98, Series 1975 |
7-21-1975 |
|
Colonel Drive |
Blossom Lane northbound and southbound |
No parking here to corner |
95, Series 1975 |
- - |
|
Colonel Drive |
|
Parking west side only |
98, Series 1975 |
7-21-1975 |
|
Cottonwood Drive |
Blossom Lane northbound |
No parking here to corner |
95, Series 1975 |
- - |
|
Cottonwood Drive |
|
Parking west side only |
98, Series 1975 |
7-21-1975 |
|
Hermitage Way |
North and south lanes from Malvern Hill Road to Westport Road |
No parking here to corner |
95, Series 1975 |
- - |
|
Hermitage Way |
|
Parking west side only |
98, Series 1975 |
7-21-1975 |
|
Malvern Hill Road |
|
Parking north side only |
98, Series 1975 |
7-21-1975 |
|
Malvern Hill Road |
Hermitage Way westbound |
No parking here to corner |
95, Series 1975 |
- - |
|
Para Court |
|
Parking north side only |
113, Series 1978 |
4-17-1978 |
|
Rhett Butler Drive |
|
Parking north side only |
113, Series 1978 |
4-17-1978 |
|
Rhett Court |
|
Parking east side only |
113, Series 1978 |
4-17-1978 |
|
Saberdee Drive |
|
Parking north side only |
113, Series 1978 |
4-17-1978 |
|
Saurel Drive |
|
Parking north side only |
113, Series 1978 |
4-17-1978 |
|
Savannah Road |
|
Parking west side only |
98, Series 1975 |
7-21-1975 |
|
Stonehurst Drive |
|
Parking west side only |
98, Series 1975 |
7-21-1975 |
|
Turnside Drive |
|
Parking north side only |
113, Series 1978 |
4-17-1978 |
Chapter 90: Animals
Section
General Provisions
90.01 Definitions
90.02 Animals running at large
90.03 Cruelty to animals in the second degree
90.04 Dyeing or selling dyed chicks or rabbits
90.05 Abandoning domestic animals prohibited
90.06 Destruction of abandoned and suffering animal
Dogs
90.15 Definition
90.16 License required
90.17 Registration and issuance of license
90.18 License tag to be attached to dog
90.19 Dogs running at large
90.20 Noise disturbance
90.21 Impoundment
90.22 Reclaiming impounded dog
90.23 Vicious animals prohibited; definitions
90.24 Complaints against vicious animals
90.99 Penalty
GENERAL PROVISIONS
' 90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. Shall constitute the relinquishment of all rights and claims by the owner to the animal.
(KRS 257.100(4))
AT LARGE. Off the premises of the owner, and not under the control of the owner or his or her agent either by leash, cord, chain or otherwise.
OWNER. Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his or her care, or permits it to remain on or about the premises owned or occupied by him or her.
' 90.02 ANIMALS RUNNING AT LARGE.
(A) No person who is the owner of any animal shall permit it to run at large in any public road, highway, street, lane or alley, or upon or enclosure without the consent of the owner of the yard, lot or enclosure.
(B) The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by such animal upon the premises of another.
Penalty, see ' 90.99
' 90.03 CRUELTY TO ANIMALS IN THE SECOND DEGREE.
(A) A person is guilty of cruelty to animals in the second degree when except as authorized by law he or she intentionally or wantonly:
(1) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in ' 90.03 in causing it to fight for pleasure or profit, (including, but not limited to being a spectator or vendor at an event where a 4-legged animal is caused to fight for pleasure or profit) mutilation, beating, torturing any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space or health care, or by any other means;
(2) Subjects any animal in his or her custody to cruel neglect; or
(3) Kills any animal other than a domestic animal killed by poisoning. This section shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.
(B) Nothing in this section shall apply to the killing of animals:
(1) Pursuant to a license to hunt, fish or trap;
(2) Incident to the processing as food or for other commercial purposes;
(3) For humane purposes;
(4) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;
(5) For purposes relating to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows;
(6) For bona fide animal research activities of institutions of higher education; or a business entity registered with U.S. Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;
(7) In defense of self or another person against an aggressive or diseased animal;
(8) In defense of a domestic animal against an aggressive or diseased animal;
(9) For animal or pest control; or
(10) For any other purpose authorized by law.
(KRS 525.130) Penalty, see ' 90.99
Statutory reference:
Cruelty to animals in the first degree, a class D felony, see KRS 525.125
' 90.04 DYEING OR SELLING DYED CHICKS OR RABBITS.
No person shall sell, exchange, offer to sell or exchange, display or possess living baby chicks, ducklings or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under 2 months of age in any quantity less than 6, except that any rabbit weighing 3 pounds or more may be sold at an age of 6 weeks.
(KRS 436.600) Penalty, see ' 90.99
' 90.05 ABANDONING DOMESTIC ANIMALS PROHIBITED.
No owner of a domestic animal shall abandon the animal.
Penalty, see ' 90.99
' 90.06 DESTRUCTION OF ABANDONED AND SUFFERING ANIMAL.
(A) Any peace officer, animal control officer, or any person authorized by the Board may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased or suffering past recovery for any useful purpose.
(B) Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of 2 reputable citizens called by him or her to view the animal in his or her presence, or shall obtain consent to the destruction from the owner of the animal.
(C) (1) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, is given the owner or his or her agent at his or her last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society or animal shelter or disposed of as such custodian may deem proper.
(2) The giving of notice to the owner, or the agent of the owner of the animal by the licensed veterinarian shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal.
(KRS 257.100)
DOGS
' 90.15 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DOG. Any member of the canine family, 6 months of age or over, male or female.
' 90.16 LICENSE REQUIRED.
It shall be unlawful for any person to own or keep a dog or dogs in the city without first obtaining a license for each dog. This section and ' 90.17 shall not apply to dogs whose owners are nonresidents temporarily within the city for a period less than 30 days.
Penalty, see ' 90.99
' 90.17 REGISTRATION AND ISSUANCE OF LICENSE.
(A) All dogs kept in the city shall be registered as to sex, breed, name and address of the owner, and name of the dog. At the time of the registration the owner shall obtain a license tag for the dog and shall pay a fee as established by City Council for each dog.
(B) The license tag shall be valid for 1 year from the date of issue. A new tag shall be obtained each year by every owner and a new fee paid.
Penalty, see ' 90.99
' 90.18 LICENSE TAG TO BE ATTACHED TO DOG.
The license tag shall be fastened to the collar of the dog and shall be worn continuously, and the failure to have the tag so attached shall subject the owner or keeper thereof to the penalties provided herein.
Penalty, see ' 90.99
' 90.19 DOGS RUNNING AT LARGE.
It shall be unlawful for the owner or keeper of any dog, either licensed or unlicensed, regardless of the age of the dog, to allow the dog to be at large and unattended or to run in any street, park, lawn, garden, schoolyard, playground or on any other public or private property.
Penalty, see ' 90.99
' 90.20 NOISE DISTURBANCE.
No person shall keep or harbor any dog within the city which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of 1 or more of the inhabitants of two or more separate residences. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, yard or enclosure which he or she occupies or owns shall be considered as harboring the dog.
Penalty, see ' 90.99
' 90.21 IMPOUNDMENT.
Every police officer, peace officer or other authorized official shall have the authority to apprehend any dog running at large in violation of this chapter and any unlicensed dog in the city, and to impound the dog or have the dog impounded in the appropriate place.
' 90.22 RECLAIMING IMPOUNDED DOG.
The owner of any dog so impounded may reclaim the dog upon the payment of all appropriate fees and after fulfilling any and all other requirements.
' 90.23 VICIOUS ANIMALS PROHIBITED; DEFINITIONS.
Vicious animals are hereby prohibited within the city accordance with the following definitions:
(A) Any animal which has inflicted severe injury on a person or other animal without provocation on public or private property;
(B) Any animal which killed a domestic animal without provocation while off the owner's property;
(C) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for the purpose of fighting;
(D) Any animal that has bitten or attacked any person, or any animal that has attempted to bite or attack any person. This division shall not apply if the person/animal is bitten or attacked while illegally on the owner's property;
(E) Any animal that has, without provocation, chased, confronted or approached a person on a street, sidewalk, or other public property in menacing fashion such as would put an average person in fear of attack;
(F) Any animal that has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of person or other animals without provocation; or
(G) Any animal that has acted in a manner that causes or should cause its owner to know it is potentially vicious.
(Ord. 3, Series 2006-2007, passed 11-9-2006) Penalty, see 90.24
' 90.24 COMPLAINTS AGAINST VICIOUS ANIMALS.
(A) Any person who has been attacked by an animal, may make a complaint before the District Court, charging the owner, or keeper of such an animal, or parents, legal guardian or custodian of a minor owner with harboring of a vicious animal. A copy of such complaint shall be served upon the animal's owner or keeper or upon the parents, legal guardian or custodian if they animal's owner or keeper is a minor, subject to the laws regulating the service of summons in civil actions directing him or her to appear for a hearing.
(B) Upon the filing of a complaint and service of the complaint upon the proper person, the owner or keeper shall keep the dog securely confined within an enclosed structure. If the accused animal is found outside the enclosed structure, the animal shall be seized and impounded in a kennel or animal shelter at the owner's expense until the hearing.
(C) Upon a hearing of the parties and their witnesses, if the court finds the animal to be a vicious animal, the Court shall declare the animal to be a vicious animal. Upon the Court's declaration, the animal shall be humanely destroyed or removed from within the corporate limits of the city. No animal may be destroyed under this section while any appeal is pending pertaining to the declaration that the animal is a vicious animal.
(D) Enforcement authorization. The City authorizes Metro Louisville Animal Control to seize, impound, or otherwise enforce this section concerning any dog within the city which does or does not bear a proper license tag or other tag or other legible identification which is found running at large and shall enforce all other provisions of the ordinance and of KRS Chapter 258.
(Ord. 3, Series 2006-2007, passed 11-9-2006) Penalty, see 90.24
' 90.99 PENALTY.
(A) Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day the violation exists shall constitute a separate offense.
(B) Any person who violates ' 90.03 shall be guilty of a misdemeanor and shall be fined not more than $500, imprisoned for not more than 12 months, or both for each offense.
(KRS 525.130)
(C) Any person who violates ' 90.04 shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
(KRS 436.600)
CHAPTER 91: STREETS AND SIDEWALKS
Section
Excavations and Construction
91.01 Opening permit required
91.02 Application and cash deposit
91.03 Restoration of pavement
91.04 Barriers around excavations
91.05 Warning lights
91.06 Sidewalk construction
Road and Bridge Projects
91.15 Public hearing required
91.16 Notice requirements
91.17 Public may testify; effect of testimony
91.18 Hearing to be held prior to construction
91.19 Separate hearing for each project not required
91.20 Exemptions from hearing requirement
Obstructions
91.30 Unloading on street or sidewalk
91.31 Street and sidewalk obstruction
91.32 Materials on street or sidewalk
91.33 Removal of ice and snow
91.99 Penalty
EXCAVATIONS AND CONSTRUCTION
§ 91.01 OPENING PERMIT REQUIRED.
It shall be unlawful for any person, other than an authorized city official, to make any opening in any street, alley, sidewalk or public way of the city unless a permit to make the opening has been obtained prior to commencement of the work.
Penalty, see § 91.99
§ 91.02 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the authorized city official. Application shall be made on a form prescribed by the legislative body, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
§ 91.03 RESTORATION OF PAVEMENT.
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations and specifications approved by the legislative body.
(B) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may proceed without notice to make the fill and restoration and the deposit referred to in § 91.02 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund, except the part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it. If the amount of the services performed by the city should exceed the amount of the deposit, the Clerk or other proper administrative officer shall proceed to collect the remainder due from the permittee.
§ 91.04 BARRIERS AROUND EXCAVATIONS.
Any person engaged in or employing others in excavating or opening any street, sidewalk, alley or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
Penalty, see § 91.99
§ 91.05 WARNING LIGHTS.
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley or other public way, at all times during the night season shall install and maintain at least 2 illuminated red lamps which shall be securely and conspicuously posted on, at, or near each end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least 1 additional lamp for each added 50 feet or portion thereof excavated or obstructed.
Penalty, see § 91.99
§ 91.06 SIDEWALK CONSTRUCTION.
(A) It shall be the duty of the authorized city official to supervise construction or repair of sidewalks within the city.
(B) He or she shall cause specifications to be prepared for the construction of the various kinds of pavements and transmit the specifications to the legislative body for approval.
(C) When the specifications are approved, the legislative body shall advertise for proposals to do all the work which may be ordered by the city in construction and repair of sidewalks, and shall authorize the Mayor to contract therefor, for a period not exceeding 1 year, with the lowest responsible bidder, who shall for the faithful performance of the work.
(D) The Mayor, if authorized by City Council, may make separate contracts for the different kinds of work with different parties.
Statutory reference:
Sidewalks; construction along public roads; specifications, see KRS 178.290
Sidewalks; ramps for wheelchairs, see KRS 66.660
ROAD AND BRIDGE PROJECTS
§ 91.15 PUBLIC HEARING REQUIRED.
Before the city expends state derived tax revenues on a municipal highway, road, street or bridge it shall hold a hearing in accordance with the provisions of this subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.
(KRS 174.100)
§ 91.16 NOTICE REQUIREMENTS.
(A) Prior to the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall hold a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city.
(B) Notice of the hearing shall be given not less than 7 days nor more than 21 days before the scheduled date of the public hearing and before beginning work on any project covered by this subchapter.
(KRS 174.100(1))
§ 91.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.
(A) At the hearing, any person may speak with regard to any proposed project, any project which he or she feels should be built or done which has not been proposed, priorities for completion of projects and any other matter related to road or bridge projects.
(B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it.
(KRS 174.100(2), (3))
§ 91.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.
The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held.
(KRS 174.100(4))
§ 91.19 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.
(A) This subchapter shall not be construed to require a separate hearing for each project.
(B) A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter.
(KRS 174.100(5))
§ 91.20 EXEMPTIONS FROM HEARING REQUIREMENT.
(A) The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.
(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter unless construction is suspended after the effective date of this subchapter and the city desires to reactivate the project.
(KRS 174.100(6), (7))
OBSTRUCTIONS
§ 91.30 UNLOADING ON STREET OR SIDEWALK.
No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk or other public way, without first placing some sufficient protection over the pavement.
Penalty, see § 91.99
§ 91.31 STREET AND SIDEWALK OBSTRUCTION.
No person shall obstruct any street, alley, sidewalk or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.
Penalty, see § 91.99
§ 91.32 MATERIALS ON STREET OR SIDEWALK.
(A) No person shall encumber any street or sidewalk.
(B) No owner, occupant or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles or substances of any kind, so as to interfere with the free and unobstructed use thereof.
Penalty, see § 91.99
Cross-reference:
Littering on streets or sidewalks, see Ch. 94
§ 91.33 REMOVAL OF ICE AND SNOW.
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his or her premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.
Penalty, see § 91.99
§ 91.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.
CHAPTER 92: NUISANCES
Section
General Provisions
92.01 Trees, shrubs and other growth
92.02 Maintenance of property
92.03 Damage or destruction of public property
Nuisances
92.15 Definitions
92.16 Common law and statutory nuisances
92.17 Certain conditions declared a nuisance
92.18 Abatement procedure
92.19 Nuisance created by others
92.99 Penalty
GENERAL PROVISIONS
§ 92.01 TREES, SHRUBS AND OTHER GROWTH.
(A) It is to the interest of the city to look after the welfare of the citizenry as well as their safety.
(B) It is to the interest of the city to enact the necessary legislation to prevent any accident by eliminating hazardous conditions.
(C) All trees and shrubs should be trimmed in such a manner as to prevent accidents by the people making use of the sidewalk.
(D) Trees and shrubs should be trimmed if extending over the street in an effort to prevent accidents by the public making use of the street.
(E) Any trees or shrubs near an intersection that obscures vision by a motorist must be trimmed.
(F) Any tree or shrubs within the dedicated right-of-way must have dead limbs removed.
(G) Any tree or shrub within the dedicated right-of-way or abutting the right-of-way that has died must be removed at the expense of the abutting property owner.
(H) Should any abutting property owner fail to comply in correcting a situation, wherein the property owner has been advised, will be given 3 weeks to correct the condition unless additional time is granted by the City Engineer or other city official designated.
(I) If a property owner fails to comply with a reasonable request to correct a bad condition, the city will advise property owner the city will have the condition corrected and bill the property owner for actual cost.
(J) This section takes effect upon its passage and approval and publication thereof.
(Ord. 91, Series 1974, passed 8-19-1974)
§ 92.02 MAINTENANCE OF PROPERTY.
(A) The owners or those leasing property shall keep the grass on all subdivision lots within the city cut to a height of no more than 6 inches.
(B) The owners of all undeveloped and unsubdivided property within the city shall cut the grass on the property at least 4 times, evenly spaced, throughout the grass growing season.
(C) The owners or those leasing property within Plantation shall keep the property free of unnecessary debris.
(D) When the above conditions are not met, the owner will be given notice and the owner will have 10 days in which to comply with this section.
(E) This section takes effect upon its passage, approval and publication.
(Ord. 104, Series 1976, passed 7-19-1976) Penalty, see § 92.99
§ 92.03 DAMAGE OR DESTRUCTION OF PUBLIC PROPERTY.
(A) Any person who damages or causes to be damaged any public property within the city shall be charged with a misdemeanor.
(B) This section takes effect upon its passage and approval and publication thereof.
(Ord. 76, Series 1976, passed 3-16-1970) Penalty, see § 92.99
NUISANCES
§ 92.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLIANCE. Items such as stoves, refrigerators, freezers, washing machines, dryers, dishwashers and water heaters.
AUTOMOBILE PARTS. Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
HOUSEHOLD ITEMS. Boxes, bags (plastic, paper and the like), paper, television sets, furniture, toys, clothing and other items not intended for display or storage in an outdoor environment.
INOPERATIVE CONDITION. Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than 10 consecutive days. OPERATIVE CONDITION shall mean a licensable vehicle which has a current, valid license and is in self-propelled condition; and other farm or construction equipment which is fully assembled and which is capable of its intended operation
MOTOR VEHICLE. Any style or type of motor driven vehicle used for the conveyance of persons or property.
OWNER. Any person who, alone or jointly or severally with others:
(1) Shall have legal title to any land or improvements thereon; and
(2) Shall have charge, care or control of any dwelling unit as owners, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of any owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of these rules and regulations upon the owner.
PUBLIC NUISANCE. Any act, thing, occupation, condition or use of property that shall continue for such a length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, sidewalk, stream, ditch or drainage; or
(3) Essentially interfere with the comfortable enjoyment of life and property or tend to depreciate the value of property of others.
SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
UNFIT FOR FURTHER USE. In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
(Ord. 3, Series 2003-2004, passed 10-9-2003)
§ 92.16 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this subchapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as is provided in this subchapter or in accordance with any other provision of law.
(Ord. 3, Series 2003-2004, passed 10-9-2003)
§ 92.17 CERTAIN CONDITIONS DECLARED A NUISANCE.
(A) It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a public nuisance to develop thereon.
(B) The following conditions are declared to be public nuisances:
(1) Environmental nuisance.
(a) The outdoor storage or display of appliances and household items;
(b) Any tree, stack, or other object standing in such a condition that it is likely to, if the condition is allowed to continue, endanger the life, limb or property of, or cause hurt, damage, or injury to persons or property by the falling thereof or of parts thereof;
(c) An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents or insects, or blow rubbish into any street, sidewalk or property of another;
(d) Any grass growth exceeding 6 inches in height, excessive accumulations of grass, weeds, rubbish, leaves, dead trees, flowers, bushes or other ornamental plants; and
(e) Disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials in or on any lot, tract of land, street, highway or any sidewalk or alley abutting any of these which shall be reason of such offensive odor.
(2) Health hazard. Any accumulation of rubbish, plant material, scrap metal, car parts, appliances or any other material which attracts vermin, rodents or insects, or is otherwise injurious to the public health.
(3) Interference with use of others. Any condition that materially interferes with the peaceful enjoyment by owners/occupants of adjacent property.
(4) Storage of explosives. The storage of explosive material that creates a safety hazard to other property or persons in the vicinity.
(5) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation or vault situated upon private premises in any open or unfenced lot or place.
(6) Trees and shrubbery obstructing streets, sidewalks and drainage. The growing and maintenance of trees or shrubbery that in any way interferes with the use, construction or maintenance of streets or sidewalks, causes injury to streets or sidewalks or constitutes an obstruction to drainage.
(7) Keeping of animals. The failure to keep sanitary conditions and free from preventable offensive odors.
(8) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts or scrap metal within the city limits except on premises authorized by the city for such purposes.
(Ord. 3, Series 2003-2004, passed 10-9-2003)
§ 92.18 ABATEMENT PROCEDURE.
(A) It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a public nuisance, health hazard or source of filth to develop thereon.
(B) Whenever a nuisance situation is discovered, the authorized city official shall provide notice to the owner and/or occupant, and/or person having control notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property, as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the authorized city official is authorized to send employees upon the property to remedy the situation.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the authorized city official shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the rate established by the city thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceeding. In addition to this remedy or other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(Ord. 3, Series 2003-2004, passed 10-9-2003) Penalty, see § 92.99
§ 92.19 NUISANCE CREATED BY OTHERS.
For the purposes of this subchapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of:
(A) Whenever it is shown that a nuisance is associated with or caused by the conduct of a business or activity licensed by the city and that the existence of the nuisance presents an immediate threat to the public health, safety or welfare, the City Council may suspend the license of the person or persons conducting the business or activity.
(B) The City Clerk shall cause a notice of the suspension to be served personally upon the licensee, or upon any responsible agent of the licensee, at the premises where the licensed business or activity is being conducted. The notice shall clearly inform the licensee of the reason for the suspension, and the conditions that must be met for the suspension to be removed.
(C) Upon application of the licensee, and upon a showing that the nuisance has been satisfactorily abated and that any other reasonable conditions set forth in the notice have been met, the City Council may remove the suspension.
(Ord. 3, Series 2003-2004, passed 10-9-2003)
§ 92.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Upon expiration of 10 days and the owners failure to comply with § 92.02, a fine of not less than $10 and no more than $100 will be imposed and the city can proceed to mow the lot and the cost of mowing will be added to the fine. The fine and costs incurred will become a lien upon the property.
(Ord. 104, Series 1976, passed 7-19-1976)
(C) Any person charged with offense of destroying or damaging public property, as detailed in § 92.03, if found guilty shall be fined not less than $5 nor more than $100 for each offense.
(Ord. 76, Series 1976, passed 3-16-1970)
(D) Whoever violates any provision of §§ 92.15 et seq. shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day's continued violation shall constitute a separate offense.
(Ord. 3, Series 2003-2004, passed 10-9-2003)
CHAPTER 93: FIREWORKS; FIRE PREVENTION
Section
Fireworks
93.01 Definitions; legality of items
93.02 Sale or use prohibited; exception for public display
93.03 Common fireworks; restrictions on sale
93.04 Bond or liability insurance requirement
93.05 Exempted sales and uses
93.06 Destruction of fireworks
Fire Prevention
93.20 Blasting permit
93.21 Storage of flammables and other matter
Hazardous Substances and Materials
93.35 Adoption of Kentucky Standards of Safety (Fire Prevention Code)
93.36 Designated enforcement officer
93.37 Permits and fees
93.38 Appeal process
93.99 Penalty
FIREWORKS
§ 93.01 DEFINITIONS; LEGALITY OF ITEMS.
(A) The term FIREWORKS shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, and which meets the definition of "common" or "special" fireworks as set forth in the U.S. Department of Transportation's (DOT) hazardous materials regulations.
(1) Exception number 1: Toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times.
(2) Exception number 2: Model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models are not considered to be fireworks.
(3) Exception number 3: Propelling or expelling charges consisting of a mixture of sulfur, charcoal and saltpeter are not considered as being designed for producing audible effects.
(KRS 227.700)
(B) COMMON FIREWORKS are fireworks suitable for use by the public and designed primarily to produce visible effects by combustion and must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission. The types, sizes and amount of pyrotechnic contents of these devices are limited as enumerated in this chapter. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. COMMON FIREWORKS are classified as class C explosives by the U.S. Department of Transportation and include the following:
(1) Ground and hand-held sparkling devices.
(a) Dipped stick-sparkler. Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed 5 grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with DOT regulations.
(b) Cylindrical fountain. Cylindrical tube not more than 3/4 inch (19 millimeters) inside diameter, containing up to 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain).
(c) Cone fountain. Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
(d) Illuminating torch. Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held.
(e) Wheel. Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to 6 "driver" units: tubes not exceeding 1/2 inch (12.5 millimeters) inside diameter and containing up to 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.
(f) Ground spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
(g) Flitter sparkler. Narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at 1 end of the tube is ignited to make the device function.
(2) Aerial devices.
(a) Sky rocket. Tube not exceeding 1/2 inch (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight.
(b) Missile-type rocket. A device similar to a sky rocket in size, composition and effect that uses fins rather than a stick for guidance and stability.
(c) Helicopter, aerial spinner. A tube not more than 1/2 inch, (12.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
(d) Roman candles. Heavy paper or cardboard tube not exceeding 3/8 inch, (9.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to 10 stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.
(e) Mine, shell. Heavy cardboard or paper tube up to 2-1/2 inches (63.5 millimeters) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, stars, firecrackers or other devices are propelled into the air. The tube remains on the ground.
(3) Audible ground devices.
(a) Firecrackers, salutes. Small paper-wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light is produced.
(b) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.
(4) Combination items. Firework devices containing combinations of 2 or more of the effects described in categories (1), (2) and (3) above.
(KRS 227.702)
(C) Items listed below are classified as NOVELTIES and TRICK NOISEMAKERS and are not classified as common fireworks by the U.S. Department of Transportation.
(1) Snake, glow worm. Pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
(2) Smoke device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(3) Wire sparkler. Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(4) Trick noisemaker. Item that produces a small report intended to surprise the user. These devices include:
(a) Party popper. Small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(b) Booby trap. Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(c) Snapper. Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes producing a small report.
(d) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.
(e) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
(f) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding 50 milligrams may also be used to produce a small report. A squib is used to ignite the device.
(KRS 227.704)
(D) The term SPECIAL FIREWORKS shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, firecrackers containing more than 2 grains (130 milligrams) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as common fireworks. Special fireworks are classified as class B explosives by the U.S. Department of Transportation.
(KRS 227.706)
(E) (1) Items described in division (B)(1) above are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.
(2) Items described in divisions (B)(2), (B)(3) and (D) are not legal for retail sale but are legal under permits granted pursuant to this chapter for the purposes specified in this chapter for public displays and may be sold at wholesale as provided in this chapter.
(3) Items described in division (C) are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.
(KRS 227.708)
' 93.02 SALE OR USE PROHIBITED; EXCEPTION FOR PUBLIC DISPLAY.
No person, firm, co-partnership or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell, possess, use or explode, any fireworks, except for the following:
(A) The Chief of the Fire Department or other authorized city official may grant permits for supervised public displays of fireworks by the city, fair associations, amusement parks and other organizations or groups of individuals. Every display shall be handled by a competent operator to be approved by the public official by whom the permit is granted, and shall be of such character, and so located, discharged or fired as in the opinion of the official, after proper inspection, shall not be hazardous to property or endanger any person. Permits shall be filed with the office of the State Fire Marshal at least 15 days in advance of the date of the display. After the privilege is granted, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this division shall be transferable. For the purpose of this section, Apublic display of fireworks@ shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.
(B) The sale, at wholesale, of any fireworks for supervised displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco and Firearms, if the sale is to the person holding a display permit as outlined in division (A) of this section. The permit holder shall present the permit along with other verifiable identification at the time of sale.
(C) The sale, at wholesale, of any kind of fireworks by any resident manufacturer, wholesaler, dealer or jobber, provided the fireworks are intended for shipment directly out of state in accordance with regulations of the U.S. Department of Transportation.
(D) The sale and use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation and highway use.
(E) The use of fuses and railway torpedoes by railroads.
(F) The sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purpose in athletics or sports.
(G) The use of any pyrotechnic device by military organizations.
(H) The use of fireworks for agricultural purposes under the direct supervision of the U.S. Department of the Interior or any equivalent or local agency.
(KRS 227.710) Penalty, see ' 93.99
' 93.03 COMMON FIREWORKS; RESTRICTIONS ON SALE.
(A) Except as provided in ' 93.02, the common fireworks described in ' 93.01(B)(1) may be offered for sale, sold at retail, or kept with the intent to sell, only if the requirements of this section are met.
(B) Any person or business intending to sell common fireworks shall register annually with the state=s Fire Marshal=s office in accordance with KRS 227.715, and display its registration certificate in a conspicuous location at the site.
(C) Each site at which fireworks are offered for sale shall have a working fire extinguisher at the site, in compliance with NFPA Pamphlet 10.
(D) No common fireworks item shall be offered for sale if it has as part of its device any wings, fins or other mechanism designed to cause the device to fly, or if it carries a cautionary label which includes in its description any of the following terms: explosive, emits flaming pellets, flaming balls, firecracker, report or rocket.
(E) No person or business shall give, offer for sale or sell any common fireworks listed in ' 93.01(B) to any person under 16 years of age.
(KRS 227.715(3) - (6)) Penalty, see ' 93.99
' 93.04 BOND OR LIABILITY INSURANCE REQUIREMENT.
No permit shall be issued under ' 93.02 unless the applicant shall give bond or evidence of liability insurance deemed adequate by the official to whom application for the permit is made, in a sum not less than $1,000,000. However, the appropriate city official or the state=s Fire Marshal may require a larger amount if in their judgment the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
(KRS 227.720) Penalty, see ' 93.99
' 93.05 EXEMPTED SALES AND USES.
Nothing in this chapter shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry, or gold star producing sparklers, which contain no magnesium or chlorate, toy snakes which contain no mercury, smoke novelties and party novelties, which contain less than twenty-five hundredths of a grain of explosive mixture, or shells or cartridges, used as ammunition in firearms, or blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the sale of any kind of fireworks provided the same are to be shipped by the seller directly out of the state.
(KRS 227.730)
' 93.06 DESTRUCTION OF FIREWORKS.
The state=s Fire Marshal shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. All fireworks held, possessed or used in violation of this chapter shall be destroyed as contraband.
(KRS 227.750)
FIRE PREVENTION
' 93.20 BLASTING PERMIT.
No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the authorized city official. The authorized city official, before granting such permit may require the applicant to provide a bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting.
Penalty, see ' 93.99
' 93.21 STORAGE OF FLAMMABLES AND OTHER MATTER.
(A) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.
(B) Waste paper, ashes, oil rags, waste rags, excelsior or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials.
(C) No matter shall be stored or arranged in a manner which impedes or prevents access to or exit from any premises in case of fire.
Penalty, see ' 93.99
HAZARDOUS SUBSTANCES AND MATERIALS
§ 93.35 ADOPTION OF KENTUCKY STANDARDS OF SAFETY (FIRE PREVENTION
CODE).
The Kentucky Standards of Safety (Fire Prevention Code) as promulgated in 815 KAR 10:060 (and any further amendments thereto) by the Commissioner of the Department of Housing, Buildings and Construction on the advice and recommendation at the state's Fire Marshal, is hereby adopted in full. as an Ordinance of the City of Plantation, Jefferson County, of the Commonwealth of Kentucky. Copies of the code book are available through the Department of Housing, Buildings and Construction, 1047 U.S. 127 South, Frankfort, Kentucky 40601.
(Ord. 7, Series 2003-2004, passed 3-11-2004)
§ 93.36 DESIGNATED ENFORCEMENT OFFICER.
The Chief of the Lyndon Fire Protection District or the Fire Chief designated representative is the local enforcement agent for the Standards of Safety, as adopted by the city.
(Ord. 7, Series 2003-2004, passed 3-11-2004)
§ 93.37 PERMITS AND FEES.
The requirements for annual permits and required fees shall be as provided for pursuant to 815 KAR 10:060, Kentucky Standards of Safety.
(Ord. 7, Series 2003-2004, passed 3-11-2004)
§ 93.38 APPEALS PROCESS.
All final decisions of the fire code official having jurisdiction shall be appealable to a local court of competent jurisdiction within 30 days thereafter.
(Ord. 7, Series 2003-2004, passed 3-11-2004)
§ 93.99 PENALTY.
(A) (1) Any person violating the provisions of §§ 93.02 or 93.04, the regulations issued thereunder or any order issued thereunder, or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be fined not more than $1,000, or imprisoned for not more than 30 days, or both.
(KRS 227.990(4))
(2) Any person who violates any other provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500.
(B) A violation of §§ 93.35 et seq. constitutes a Class B Misdemeanor carrying a penalty not to exceed 90 days imprisonment and/or $250 in fines. Each day shall constitute a separate offense.
(Ord. 7, Series 2003-2004, passed 3-11-2004)
CHAPTER 94: LITTERING
Section
94.01 Throwing litter from vehicle
94.02 Tracking foreign matter on streets
94.03 Hauling loose material
94.04 Sweeping litter into gutters
94.05 Litter on private property
94.99 Penalty
§ 94.01 THROWING LITTER FROM VEHICLE.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the city or upon private property.
Penalty, see § 94.99
§ 94.02 TRACKING FOREIGN MATTER ON STREETS.
No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit upon any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
Penalty, see § 94.99
§ 94.03 HAULING LOOSE MATERIAL.
Every person hauling or causing to be hauled dirt, sand, gravel, cement, fill dirt or loose material of any kind in or upon any street, alley, sidewalk or other public place shall haul it, or cause it to be hauled in vehicles provided with tight boxes or beds so constructed or loaded as to prevent any of the contents from falling or being thrown, blown or deposited upon any street, alley, sidewalk or other public place. Any materials which fall from, or which are thrown, blown or deposited from any vehicle upon any street, alley, sidewalk or other public place, shall be removed immediately by the person in charge of the vehicle.
Penalty, see § 94.99
§ 94.04 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
Penalty, see § 94.99
§ 94.05 LITTER ON PRIVATE PROPERTY.
(A) No person shall throw or deposit litter on any occupied private property within the city, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon streets, sidewalks or other public places, or upon any private property.
(B) No person shall throw or deposit litter on any open or vacant private property within the city whether owned by that person or not.
Penalty, see § 94.99
§ 94.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500. Each day the violation is committed or permitted to continue shall constitute a separate offense.
CHAPTER 95: TEMPORARY STORAGE UNITS AND DUMPSTERS
Section:
95.01 Definitions
95.02 Regulations
95.03 Permit application process
95.04 Exceptions
95.99 Penalty
' 95.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY STORAGE UNITS. An accessory structure that is intended for temporary storage of personal property, construction/building materials, and other items. These may include portable on demand storage (APODS@) units, modular units (Atrailers@), and/or other vehicles used for this purpose.
DUMPSTERS. A collection unit that is intended for the collection of discarded materials such as construction debris, large quantities of yard waste, and discarded personal property, not including any typical collection containers provided by the preferred service of trash and yard waster disposal services in the city. However, a dumpster that is provided by a commercial service provider or the recurring collection of trash and waste that is not emptied by the services provider at least monthly will be considered a temporary storage unit per this chapter.
(Ord. 5, Series 2007-2008, passed 5-8-2008)
' 95.02 REGULATIONS.
(A) Temporary storage units and dumpsters may be appropriately placed on the owner's property for up to 14 calendar days without a permit.
(B) Temporary storage units and dumpsters that will be appropriately placed on the owner's property for more that 14 calendar days will only be allowed upon the issuance of a permit by the city. Permits shall be maintained by the City Clerk.
(C) No temporary storage unit of dumpster will be set for more than 30 calendar days.
(D) The fee for a permit is $20.
(E) No temporary storage unit or dumpster may be used to store or dispose of any hazardous material.
(F) No more than one temporary storage unit or dumpster may be placed on a residential lot at one time. Commercially‑zoned property will not have more that two units at one time provided that they also meet the minimum requirements of the General Development/Detailed Development Plan for the site, any binding elements, and all current regulations of such items in the Metro Louisville Zoning Regulations.
(G) On any site for which a building permit is to be issued by Metro Government, the permit applications for temporary storage units and/or dumpsters must be submitted to the city prior to the city issuing a letter of compliance to Metro Government.
(Ord. 5, Series 2007-2008, passed 5-8-2008) Penalty, see ' 95.99
' 95.03 PERMIT APPLICATION PROCESS.
(A) Each permit application must be completed as soon as the property owner foresees the need for the unit being on the property for more that 14 days. Failure to comply will cause a penalty to be assessed for each day the property owner is in violation.
(B) The application will contain complete contact information for both the owners of the property and the company from whom the unit is being rented.
(C) The application will require a drawing indicating where the unit will be set. The unit must be set on a hard surface. No unit will be set on public property (streets, easements, lots, and the like). Failure to comply will cause a penalty to be assessed for each day the property owner is in violation.
(Ord. 5, Series 2007-2008, passed 5-8-2008) Penalty, see ' 95.99
' 95.04 EXCEPTIONS.
(A) Commercial, business, or multi‑family zoned property that is provided recurring waste disposal services through a commercial services provider is exempted from this chapter as it relates to dumpsters as long as the dumpster is emptied at least monthly. This exemption is utterly conditional on full compliance with the General Development/Detailed Development Plan for the site, all binding elements, and any current regulation of such items in the Metro Louisville Zoning Regulations.
(B) Commercial, business, or multi‑family zoned property that is provided recurring waste disposal services through a commercial services provider that is not emptied by the service provider at least monthly will be considered a "temporary storage unit" per this chapter. All requirements of this chapter apply except a special fee of $ 180 per year will be applicable and payable by the property owner in January of each year.
(C) The Council shall be allowed to suspend the enforcement of this chapter as to the city as a whole or specific areas of the city for a time period appropriate for special circumstances (flood, fire, and the like).
(D) On any site for which a building permit is to be issued by Metro Government, the permit application for temporary storage units and/or dumpers must be submitted to the city prior to the city issuing a letter of compliance to Metro Government. Upon receipt of a copy of the building permit by Metro Government, the Mayor may extend the time that the units will be allowed to be set on the site.
(Ord. 5, Series 2007-2008, passed 5-8-2008) Penalty, see ' 95.99
' 95.99 PENALTY.
(A) Criminal.
(1) Any person who violates any provision of this chapter shall be guilty of a violation and fined not less that $50 nor more than $100.
(2) Any continuing violation of this chapter shall be considered a separate and distinct offense for each day on which the violation occurs or continues and a separate penalty may be imposed therefore.
(3) Where the Kentucky Revised Statutes mandates a higher fine that stipulated herein, the fine contained in the Kentucky Revised Statutes shall prevail.
(B) Civil.
(1) Any person who shall cause a violation in the provisions of this chapter shall be subject to a civil penalty in the amount of $50 for each violation. A continuing violation shall be considered a separate and distinct offense for each day on which the violation continues and a separate penalty may be imposed therefore.
(2) The civil penalty provided herein may be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days of the date of notice of violation. The civil penalty may be used as an alternative or in conjunction with the criminal authorized herein.
(Ord. 5, Series 2007-2008, passed 5-8-2008)
Business Regulations
CHAPTER 110: GENERAL LICENSING PROVISIONS
Section
General Provisions
110.01 Licenses required to engage in certain trades, businesses, or professions
110.02 Application for license
110.03 Standards; issuance of license
110.04 Date and duration of license
110.05 License not transferable
110.06 License certificate to be displayed
110.07 Revocation or suspension
110.08 Appeal and review
110.09 Exemptions
Business License Fees
110.20 Definitions
110.21 Purpose
110.22 Levy of license fees and taxes
110.23 Exempted activities
110.24 Filing returns
110.25 Consolidation
110.26 Certificates; license year
110.27 Temporary business
110.28 Separate licenses
110.29 Refunds
110.30 Schedule of fees
110.31 Administration
110.32 Maintaining records
110.99 Penalty
GENERAL PROVISIONS
' 110.01 LICENSES REQUIRED TO ENGAGE IN CERTAIN TRADES, BUSINESSES,
OR PROFESSIONS.
No person shall engage in any of the trades, businesses, or professions for which licenses are required by any provision of this code or any other ordinance of the city without first applying for and obtaining a license from the City Clerk or other duly authorized issuing authority. The license shall be accompanied with an application fee.
Penalty, see ' 110.99
' 110.02 APPLICATION FOR LICENSE.
(A) All original applications for licenses, unless otherwise specifically provided, shall be made to the City Clerk in writing upon forms to be furnished by him or her and shall contain:
(1) The name of the applicant and of each officer, partner, or business associate;
(2) His or her present occupation and place of business;
(3) His or her place of residence for 5 years next preceding the date of application;
(4) The nature and location of the intended business or enterprise;
(5) The period of time for which the license is desired;
(6) A description of the merchandise to be sold, if for a vendor; and
(7) Other information concerning the applicant and his or her business as may be reasonable and proper, having regard to the nature of the license desired.
(B) Renewal of an annual license may be granted to a licensee in good standing upon the original application, unless otherwise provided.
(C) With each original or renewal application, the applicant shall deposit the fee required for the license requested.
(D) It shall be unlawful knowingly to make any false statement or representation in the license application.
Penalty, see ' 110.99
' 110.03 STANDARDS; ISSUANCE OF LICENSE.
(A) Upon receipt of an application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the City Clerk shall forthwith deposit the fee in the General Fund of the city and issue to the applicant a proper license certificate signed by the City Clerk and any other appropriate city official. If for any reason the license is not issued, the license fee shall be returned to the applicant.
(B) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
(C) The application shall be approved unless the investigation discloses tangible evidence that the conduct of the applicant=s business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has done or possesses any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude;
(2) Has made willful misstatements in the application;
(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like;
(4) Has committed prior fraudulent acts;
(5) Has a record of continual breaches of solicited contracts; or
(6) Has an unsatisfactory moral character.
' 110.04 DATE AND DURATION OF LICENSE.
(A) A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued. However, at any time after December 14, licenses may be issued for the ensuing calendar year. Unless otherwise specified, the full annual fee will be required of licensees irrespective of the date of issue of the license.
(B) In no event shall a license be granted to any business or any person for a longer time than 1 year.
(KRS 92.310)
' 110.05 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real party in interest in the enterprise or business, and unless otherwise provided no license shall be assigned or transferred.
Penalty, see ' 110.99
' 110.06 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at a fixed location shall keep posted, in a prominent place upon the licensed premises, the license certificate. Other licensees shall carry their license certificates at all times and, whenever requested by any officer or citizen, shall exhibit the license.
Penalty, see ' 110.99
' 110.07 REVOCATION OR SUSPENSION.
(A) Any license may be revoked by the City Council at any time for conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial; for any misrepresentation of a material fact in the application discovered after issuance of the license; for violation of any provision of this chapter or other law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or upon conviction of a licensee for any federal, state, or municipal law or ordinance involving moral turpitude.
(B) The revocation shall become effective upon notice served upon the licensee or posted upon the premises affected.
(C) As a preliminary to revocation, the City Council may issue an order suspending the license, which shall become effective immediately upon service of written notice to the licensee. This notice shall specify the reason for suspension and may provide conditions under which reinstatement of the license may be obtained. Upon compliance with these conditions within the time specified, the license may be restored.
' 110.08 APPEAL AND REVIEW.
In case any applicant has been denied a license, or if his or her license has been revoked or suspended, the applicant or licensee, as the case may be, shall within 3 business days have the right to appeal to the City Council from the denial, revocation, or suspension. Notice of appeal shall be filed in writing with the City Clerk who shall fix the time and place for a hearing, which shall be held not later than 1 week thereafter. The City Clerk shall notify the City Council of the time and place of the hearing not less than 24 hours in advance thereof. A majority of the City Council members shall constitute a quorum to hear the appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of the City Council present at the meeting declare in favor of the applicant, the license shall be issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.
' 110.09 EXEMPTIONS.
The provisions of this chapter shall not apply to any business, occupation, or profession which is exempt from municipal licensing and/or license taxes pursuant to state or federal law.
BUSINESS LICENSE FEES
' 110.20 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. An enterprise, trade, activity, profession or undertaking of any nature conducted by an individual, partnership, firm, joint venture, association, corporation or any other entity, but shall not include the usual activities of boards of trade, chambers of commerce, trade associations or unions, community chest funds or foundations, corporations or associations organized and operated exclusively for religious, charitable, scientific, literary, educational or civic purposes, or for the prevention of cruelty to children or animals, or clubs or fraternal organizations operated exclusively for social, literary, educational or fraternal purposes, where no part of the earnings or income or receipts for the units, groups or associations inures to the benefit of any private shareholder or individual.
PERSON. Any natural person, partnership, firm, joint venture, fiduciary, association or corporation. Whenever PERSON is used in any clause prescribing and imposing a penalty in the nature of a fine, the work, as applied to a partnership or other form of unincorporated enterprise shall mean the partners or members thereof and as applied to corporations, shall mean the officers and directors thereof.
RECEIPTS. Money or other property of value.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005)
' 110.21 PURPOSE.
The license fees collected under this chapter shall be deposited in the general fund of the city to be used for the general operating expanses of the city.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005)
' 110.22 LEVY OF LICENSE FEES AND TAXES.
(A) It shall be unlawful for any person to conduct or engage in any business or other activity for profit or gain or to sell or offer for sale any article of goods, wears wares or merchandise within the city (unless exempted as set out herein) until that person has paid the required business license fee to the city clerk for the privilege of engaging in the activity and has obtained the required license therefor.
(B) Where gross retail receipts are earned for work done or services performed or rendered both within and without the city. The license fee shall be measured by the part of the gross receipts as are earned as a result of work done or services rendered or performed in the city, from January 1 of each year through December 31 of each year. The license fee shall be computed by obtaining the percentage which the compensation for work performed or services rendered within the city bears to the total compensation earned. Those who collect rent from property in the city shall pay a per unit fee, as set out in this chapter. Within 30 days after the close of each fiscal year, the licensee shall, on a form furnished by the City Clerk, file an accurate declaration of the gross receipts for his or her business and at that time pay the difference, if any, between the amount paid with his or her return which was filed the preceding year.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.23 EXEMPTED ACTIVITIES.
Any nonprofit, religious and charitable organization and agents thereof shall be exempt from all provisions of this chapter, if the organization is exempt from the payment of taxes pursuant to federal or state law. All HOME BUSINESS as that term is defined and regulated in the Metro Louisville Zoning regulations, as long as the HOME BUSINESS, is compliant with such regulations. Owners of houses that do not live in them but who do not collect rent from those houses are not subject to this tax, but must certify annually that they have not collected rent. Rental houses sold during any given calendar year are subject to a pro‑rata reduction for the period of non‑ownership during the year, upon presentation of closing documents.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.24 FILING RETURNS.
(A) On or before April 15 of each year, each person subject to the payment of a license fee or tax under this chapter shall make an annual report to the city, on a form furnished by the City Clerk, showing that business's gross receipts within the city during that business's preceding calendar year, January 1 through December 31. That person shall state on the form the amount of gross receipts in the city which the business reported to the federal government on its income tax return for that preceding calendar year, January 1 through December 31. The report on the form shall be signed by that license, or his or her agent, subject to penalties for perjury if the statements contained therein are not true and correct. The amount of the license tax for the current year shall be based on the gross receipts in that business's preceding business year. The person making the return shall, at the time of the filing thereof, pay to the city clerk the amount of the license fees shown as due thereon. No partial payment shall be allowed or accepted.
(B) All license fees shall be due and payable on April 15 of each year. Fees not paid by July 1 shall be delinquent and shall be increased by the assessment of a 10% penalty and interest at 18% per annum. Notices of delinquency shall be sent by August 1 and the following January 1 by the City Clerk to any business whose license tax or fees have not been paid.
(C) The City Council shall have the authority to extend the time for filing the return. The city will recognize any extension granted by the IRS, upon presentation of that extension by to the city. The extension shall be on the written request of the licensee. However, any balance unpaid when the payment is due under the terms of this chapter, shall bear interest at the rate of 18% per annum until paid. A late penalty of 1% per month, or fraction of month, to a maximum penalty of 5% shall be assessed in connection with an extension of time for filing against any license tax balance unpaid when payment is due unless the extension of time for filing against any license tax balance unpaid when payment is due unless the extension granted is for no more than 30 days or unless the application for extension is accompanied by payment of an estimated tax in an amount not less the 90% of the total tax as finally determined.
(D) The information in returns subject to license taxes under this chapter shall be confidential as respecting the business of any person and shall be made available only to officers and employees of the city whose official duties require the use of the information and on a confidential basis, to the Secretary of the Kentucky Revenue Cabinet or to employees in his or her department in reciprocation for access to the confidential files under his or her supervision. The city may publish statistics based on information in the returns in a manner as not to reveal data respecting the business of any particular person.
(E) The entire gross receipts derived from business must be reported, for the preceding calendar year, January l through December 31. If it is contended that any portion of the receipts does not constitute receipts from business within the meaning of this chapter or the tax payer hereunder questions the taxability of any of the items reported, there shall be attached to the return a detailed statement presenting a breakdown of the receipts, the source from which they were derived and reasons supporting the contentions. If as a result of an investigation conducted by the City Clerk, a return is found to be incorrect, the City Clerk is authorized to assess and collect any underpayments of the license fee with respect to net profits. If no return has been filed and a license fee is found to be owing, the fee actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the licensee.
(F) The year of adoption of this chapter January l, 2005 through December 31, 2005 shall be treated differently for purposes of filing. For the year 2005, the annual report will be due April 15, 2005, taxing income earned January 1, 2005 through December 31, 2005 No delinquency, as set out above, shall be applied until June 1, 2005 After the year 2005, all reporting and filing requirements will be as set out above.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.25 CONSOLIDATION.
If a person liable for the tax hereunder during any year or portion of a year acquired the assets or merges or consolidates his or her business with the business of any other person or persons, the person liable for the tax shall report the receipts for the year of the other person or persons together with his or her own gross receipts during the year.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.26 CERTIFICATES; LICENSE YEAR.
(A) (1) Every person desiring to obtain a city license shall apply for a certificate therefor to the City Clerk. Pursuant to payment of the requisite license fee, a license certificate shall be issued. The certificate shall be evidence of the fact that the license tax has been fully paid. The license certificate shall be void and of no effect without the signature of the City Clerk. A license certificate shall be issued to each person paying a license tax due under this chapter for a license year, or remaining portion of a license year in the case of a new business. The certificate shall show the year for which it is issued, the name of the person to whom issued, and the address or location of the place of business being licensed.
(2) Any license or permit issued hereunder shall not be transferable to any other party. Upon the sale, transfer or cessation of any business, any permit or license which may have been issued previously for that business shall be immediately null and void, all cost of which is to be considered fully earned by the city and the license or permit expired.
(3) Every person licensed to conduct a business within the city shall display the license in a conspicuous place where the licensed business is being conducted or if the licensee is a transient or operates from place to place on foot or by vehicle, then the licensee shall carry the certificate on his or her person or display the certificate in the vehicle. Every person doing business within the city shall produce the license for inspection whenever required to do so by any officer of the city.
(4) The licenses issued under the provisions of this chapter shall be for the license year beginning on July 1 of each year and expiring on June 30 of the following year, except as expressly permitted otherwise in this chapter for licensing by the day or week or for a new business.
(B) Any person holding himself or herself out by sign, advertisement or other representation to be engaged in any business for which a license is required hereunder shall be deemed actually engaged in that business and shall be liable for the license fee therefor. Any local agent or local proprietor of a nonresident owner of a business shall be liable for the license fee levied upon the business as if he or she were the owner thereof.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.27 TEMPORARY BUSINESS.
(A) Notwithstanding any other provision of this chapter, any business entity desiring to utilize any structure or property within the city to conduct business for a period of 14 days or less shall apply for a temporary business license at a cost of $100, except as specifically provided in division (C) below.
(B) In addition to the fee set forth in division (A), the temporary business licensee shall deposit a $100 refundable fee to unsure cleanup of any outside property. The deposit shall be refunded to the applicant if, pursuant to inspection by the City Clerk, the site utilized to conduct the temporary business has been cleared of trash and debris.
(C) Yard sales, garage sales, street sales and all other similar type of sales shall not be required to purchase a license as required herein, unless the sales are held by the same person or family or on the same premises more than twice during the period between July 1 through June 30, or if the sale exceeds three consecutive days. In the event that the sale exceeds three consecutive days or takes place on more than 2 occasions during the license period, a licensee will be required to obtain a license and pay a fee in the amount of $25 per day.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.28 SEPARATE LICENSES.
Where a part of a business is situated in one or more other locations apart from the principal place of a business, the licensee shall be required by this chapter to file a single return provided the licensee files with the City Clerk an affidavit setting out the facts sufficient to prove to the City Clerk that the separate locations are, in fact, an integral part of the principal place of business.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.29 REFUNDS.
The City Clerk, with the approval of the City Council, is authorized to make refunds of license taxes paid under this chapter if satisfactory evidence is presented that an error was made in determining the amount of a license tax, or that incorrect data was shown on a licensee's return or that a misinterpretation of the provisions of this chapter resulted in the payment of a license tax in excess of the amount properly payable. Application for a refund must be made by the licensee prior to the end of the license year for which the license tax was paid. The City Clerk shall correct and receive the license fees imposed by this chapter and the City Clerk shall keep records showing the amount received from each license and the date of the receipt.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.30 SCHEDULE OF FEES.
(A) Each person who engages in business, not exempted herein, whose gross receipts equal or exceed $30,000 for that preceding business fiscal or calendar year shall pay an amount equal to .001 of gross receipts.
(B) A receipt shall be considered as received at the office or place of business of the tax payer where the services or the transactions giving rise to the receipts are chiefly performed, negotiated or take place. If the receipts result from orders received by telephone or mail, the receipts shall be allocated to the place of business where the orders are processed. The gross commission of a manufacturer's agent or an insurance agent shall constitute his or her gross receipts.
(C) Each person that is a lessor of real property in and improvements to real property in the city including, but not limited to houses, apartments, and commercial business buildings is deemed to be engaged in business and shall obtain a license therefore and pay the following fee: $100 for single family residential houses; $50 per dwelling unit for any multi‑family development; $50 per each commercial unit, with the exception that any mini‑warehouse operation shall instead pay per its income as set out in division (A).
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.31 ADMINISTRATION.
This chapter shall be administered by the City Clerk under the direction of the Mayor. The City Clerk with the approval of the Mayor, shall have the authority to issue and promulgate regulations as he or she may consider necessary for the administration and enforcement of this chapter, provided the regulations are not inconsistent with the provisions of this chapter, provided the regulations, when promulgated, are approved by the City Council.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.32 MAINTAINING RECORDS.
(A) Each person subject to the provisions of this chapter shall maintain a record showing gross receipts as defined in this chapter, but a separate record shall not be required if the licensee's regular records contain the information. Whenever the City Clerk considers it necessary for proper administration of this chapter, a licensee shall permit an officer or employee of the city of make an audit of the records and any other books, papers, files, equipment, stock or inventory of the licensee, and to examine witnesses under oath for the purpose of determining whether any provisions of this chapter are being violated. If the City Clerk determines, on a basis of auditing returns of a licensee, or on a basis of audits of a licensee's records, books, papers, files, equipment, stock or inventory, or on a basis of examination of witnesses under oath, that the amount of license tax has not been paid, a notice shall be given to the licensee of the additional amount due, which shall be paid by the licensee with 30 days with the penalty as provided. The notice of additional tax or a notice that no tax has been paid may be served and the amount of license tax may be collected by the City Clerk at any time within five years after the license tax was payable under this chapter.
(B) The records are to be preserved to enable the City Clerk or any agent or employer of the City Clerk to verify the correctness of the return filed.
(Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005) Penalty, see ' 110.99
' 110.99 PENALTY.
(A) Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500.
(B) (1) Except as otherwise specifically provided herein, any person violating any provision of ' 110.20 et seq. shall be fined $50 for each offense. Each day the person continues the violation shall constitute a separate offense.
(2) In addition to the penalties provided in division (B)(1) , the tax or fee may be collected from the licensee from the date the same is due by civil action in any court of competent jurisdiction in the state and recovery shall not relieve the person from the payment of a fine for engaging in any business herein mentioned without a license to do so.
(Am. Ord. 5, Series 9-8-2005; Am. Ord. 6, Series 2005-2006, passed 12-8-2005)
CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS
Section
111.01 Definitions
111.02 License requirement
111.03 Application procedure
111.04 Standards for issuance
111.05 Revocation procedure
111.06 Standards for revocation
111.07 Appeal procedure
111.08 Exhibition of identification
111.99 Penalty
§ 111.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
GOODS. Merchandise of any description whatsoever, and includes but is not restricted to wares and foodstuffs.
ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of that business, uses any building, structure, vehicle, or any place within the city.
PEDDLER.
(1) (a) Any person who travels from place to place by any means carrying goods for sale, making sales, or making deliveries; or
(b) Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the city.
(2) A person who is a PEDDLER is not an itinerant merchant.
SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a SOLICITOR is not a peddler.
§ 111.02 LICENSE REQUIREMENT.
(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in that activity within the city.
(B) The fee for the license required by this chapter shall be as set from time to time by the City Council.
(C) No license issued under this chapter shall be transferable.
(D) All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.
Penalty, see § 111.99
§ 111.03 APPLICATION PROCEDURE.
(A) All applicants for licenses required by this chapter shall file an application with the City Clerk. This application shall be signed by the applicant if an individual, by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:
(1) The name and address of the applicant;
(2) (a) The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;
(b) The local address of the individual;
(c) The permanent address of the individual; and
(d) The capacity in which the individual will act.
(3) The name and address of the person, if any, for whose purpose the business will be carried on and, if a corporation, the state of incorporation;
(4) The time period or periods during which it is proposed to carry on applicant's business;
(5) (a) The nature, character, and quality of the goods or services to be offered for sale or delivered;
(b) If goods, their invoice value and whether they are to be sold by sample as well as from stock; and
(c) If goods, where and by whom the goods are manufactured or grown, and where the goods are at the time of application.
(6) The nature of the advertising proposed to be done for the business; and
(7) Whether or not the applicant, the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) above has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
(1) A description of the applicant; and
(2) A description of any vehicle proposed to be used in the business, including its registration number, if any.
(C) All applicants for licenses required by this chapter shall attach to their applications the following:
(1) If required by the city, copies of all printed advertising proposed to be used in connection with the applicant's business; and
(2) If required by the city, credentials from the person, if any, for whom the applicant proposes to do business, authorizing the applicant to act as the representative.
(D) Applicants who propose to handle foodstuffs shall also attach to their applications, in addition to any attachments required under division (C) above, a statement from a licensed physician, dated not more than 10 days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
Penalty, see § 111.99
§ 111.04 STANDARDS FOR ISSUANCE.
(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
(B) The application shall be approved unless the investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has done or possesses any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude;
(2) Has made willful misstatements in the application;
(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like;
(4) Has committed prior fraudulent acts;
(5) Has a record of continual breaches of solicited contracts; or
(6) Has an unsatisfactory moral character.
§ 111.05 REVOCATION PROCEDURE.
Any license or permit granted under this chapter may be revoked by the City Clerk after notice and hearing, pursuant to the standards in § 111.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. This notice shall be mailed to the licensee at his or her last known address, at least 10 days prior to the date set for the hearing.
§ 111.06 STANDARDS FOR REVOCATION.
A license granted under this chapter may be revoked for any of the following reasons:
(A) Any fraud or misrepresentation contained in the license application;
(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(C) Any violation of this chapter;
(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
§ 111.07 APPEAL PROCEDURE.
(A) Any person aggrieved by a decision under §§ 111.04 or 111.06 shall have the right to appeal to the City Council. The appeal shall be taken by filing with the City Council, within 14 days after notice of the decision has been mailed to the person's last known address, a written statement setting forth the grounds for appeal. The City Council shall set the time and place for a hearing, and notice for the hearing shall be given to the person in the same manner as provided in § 111.05.
(B) The order of the City Council after the hearing shall be final.
§ 111.08 EXHIBITION OF IDENTIFICATION.
(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than 1 place within the city shall used to conduct the business licensed, separate licenses shall be issued for each place.
(B) The City Clerk shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words "Licensed Peddler" or "Licensed Solicitor," the expiration date of the license, and the number of the license. The license shall be kept with the licensee during the time that he or she is engaged in the business licensed.
Penalty, see § 111.99
§ 111.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500. Each day's violation shall constitute a separate offense.
CHAPTER 112: PAWNBROKERS
Section
112.01 Definitions
112.02 Bond
112.03 Register to be kept; daily reports
112.04 Receipt to be given for each article; sale of article
112.05 Maximum interest, resale price
112.06 Receipt to be given for payment of loan
112.07 Prohibited activities
112.08 Enforcement
112.99 Penalty
' 112.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PAWNBROKER. Any person who loans money on deposit of personal property; deals in the purchase of personal property on condition of selling the property back again at a stipulated price; makes a public display at his or her place of business of the sign generally used by PAWNBROKERS to denote their business; or who publicly exhibits a sign advertising money to loan on personal property or deposit.
(KRS 226.010)
' 112.02 BOND.
Every person to whom a city license is granted to carry on the business of a pawnbroker shall annually enter into bond to the city, with good and sufficient surety to be approved by City Council, in the penal sum of $1,000. This bond shall be conditioned that he or she will observe the provisions of this chapter and all ordinances and laws in force in the city not inconsistent with this chapter.
(KRS 226.020)
' 112.03 REGISTER TO BE KEPT; DAILY REPORTS.
(A) Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him or her. The register shall show the dates of all loans or purchases, and the names of all persons who have left any property on deposit as collateral security or as a delivery or sale. Opposite the names and dates shall be written in plain hand a full description of all property purchased or received on deposit as collateral security, the time when the loan falls due, the amount of purchase money, the amount loaned, and the interest charged. The register shall at all times be open to the inspection of any police officer of the city when in the discharge of his or her official duty.
(KRS 226.040)
(B) Every pawnbroker shall, by 11:00 a.m. each day, make available to the Chief of Police a true and correct written report of all goods received by him or her, whether by pawn or purchase, during the 24 hours preceding each report. The report shall describe the goods as accurately as practicable. The Chief of Police shall furnish blanks for these reports.
(KRS 226.070) Penalty, see ' 112.99
' 112.04 RECEIPT TO BE GIVEN FOR EACH ARTICLE; SALE OF ARTICLE.
(A) Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased or upon which money is loaned, having on each a copy of the entries required by ' 112.03(A) to be kept in his or her register. He or she shall not make any charge for the ticket or receipt.
(B) A pawnbroker may sell any article pawned after the expiration of 60 days from the maturity of the loan. However, not less than 10 days before making the sale, the pawnbroker shall give notice to the person by whom the article was pawned, by mail addressed to the post office address of that person as shown on the pawnbroker=s register, notifying the person that, unless he or she redeems the article within 10 days from the date of mailing of the notice, the article will be sold.
(KRS 226.050) Penalty, see ' 112.99
' 112.05 MAXIMUM INTEREST, RESALE PRICE.
Any pawnbroker as defined in ' 112.01, may, in loaning money on deposit of personal property, charge, contract for, or receive interest at a rate not exceeding 2% per month on the unpaid principal balance of the loan, and may charge, contract for, and receive a reasonable fee, not to exceed 1/5 of the value of the loan per month, for investigating the title, storing and insuring the property, closing the loan, making daily reports to local law enforcement officers, and for other expenses, losses, and incidental costs associated with servicing these loans. Further, this fee, when made and collected, shall not be deemed as interest for any purpose of law. No pawnbroker shall directly or indirectly charge, receive, or contract for any interest or consideration greater than that allowed by this section.
(KRS 226.080) Penalty, see ' 112.99
' 112.06 RECEIPT TO BE GIVEN FOR PAYMENT OF LOAN.
Every pawnbroker, upon receiving any payment of money from a borrower, shall give to that person a plain and complete receipt for the payment, specifying separately the amount applied to principal and the amount applied to interest. In a case where the pawnbroker has purchased personal property under an agreement to sell it back at a stipulated price, the pawnbroker shall, on receiving any payment of money from the person from whom the property was purchased, give that person a receipt stating the original purchase price, the stipulated resale price, and the amount received.
(KRS 226.090) Penalty, see ' 112.99
' 112.07 PROHIBITED ACTIVITIES.
No pawnbroker shall receive, by way of either pledge or pawn, any article whatever from a minor at any time, nor from any person between 8:00 p.m. and 7:00 a.m.
(KRS 226.030) Penalty, see ' 112.99
' 112.08 ENFORCEMENT.
(A) The Police Department shall enforce the provisions of this chapter unless otherwise provided by KRS 226.100.
(B) However, county police, for the purpose of locating stolen goods, may carry out the provisions of KRS 226.060 within the city.
(KRS 226.100)
' 112.99 PENALTY.
(A) Any pawnbroker or pawnbroker=s clerk who violates any of the provisions of this chapter for which no penalty is otherwise provided shall, upon conviction, be guilty of a misdemeanor, shall be fined not less than $50 nor more than $500, and his or her license may be forfeited to the city.
(KRS 226.990(1))
(B) Any pawnbroker who violates any of the provisions of ' 112.03(B) shall be guilty of a misdemeanor and shall be fined not less than $20 nor more than $100.
(KRS 226.990(3))
Chapter 113: Insurance Companies
Section
113.01 Imposition of license fee
113.02 Amount of fee for companies issuing life insurance
113.03 Amount of fee for companies issuing policies other than life insurance
113.04 Due date; interest
113.05 Written breakdown of collections
§ 113.01 IMPOSITION OF LICENSE FEE.
There is hereby imposed on each insurance company a license fee for the privilege of engaging in the business of insurance within the corporate limits of the city, on a calendar-year basis.
§ 113.02 AMOUNT OF FEE FOR COMPANIES ISSUING LIFE INSURANCE.
The license fee or tax imposed by a city upon each insurance company with respect to life insurance policies may be based upon the first year's premiums, and if so based, shall be applied to the amount of the premiums actually collected within each calendar quarter upon the lives of persons residing within the corporate limits of the city.
(KRS 91A.080(2))
§ 113.03 AMOUNT OF FEE FOR COMPANIES ISSUING POLICIES OTHER THAN LIFE
INSURANCE.
(A) The license fee or tax imposed upon each insurance company with respect to any policy which is not a life insurance policy shall be based upon the premiums actually collected by the company within each calendar quarter on risks located within the corporate limits of the city on those classes of business which the company is authorized to transact, less all premiums returned to policyholders.
(B) Any license fee or tax imposed upon premium receipts shall not include premiums received for insuring employers against liability for personal injuries to their employees, or death caused thereby, under the provisions of the Workers' Compensation Act.
(KRS 91A.080(3))
(C) The license fee or tax shall also not apply to premiums received on policies of group health insurance provided for state employees under KRS 18A.225 and KRS 91A.080(6) to (11).
(KRS 91A.080(10))
(D) No license fee or tax imposed under this section shall apply to premiums received on health insurance policies issued to individuals, nor to policies issued through Kentucky Access, created in KRS 304.17B-005.
(KRS 91A.080(13)
§ 113.04 DUE DATE; INTEREST.
(A) All license fees imposed by this chapter shall be due no later than 30 days after the end of each calendar quarter.
(KRS 91A.080(8))
(B) License fees which are not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS 131.010(6) from the date due until paid.
(KRS 91A.080(9))
§ 113.05 WRITTEN BREAKDOWN OF COLLECTIONS.
Every insurance company subject to the license fees imposed by this chapter shall annually, by March 31, furnish the city with a written breakdown of all collections in the preceding calendar year for the following categories of insurance:
(A) Casualty;
(B) Automobile;
(C) Inland marine;
(D) Fire and allied perils;
(E) Health; and
(F) Life.
(KRS 91A.080(8))
Section
Curfew
130.01 Definitions
130.02 Curfew for minors
130.03 Exceptions
130.04 Parental responsibility
130.05 Police procedures
130.99 Penalty
CURFEW
§ 130.01 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person under the age of 18, or, in equivalent phrasing often herein employed, any person 17 or less years of age.
PARENT. Any person having legal custody of a minor:
(1) As a natural or adoptive parent;
(2) As a legal guardian;
(3) As a person who stands in loco parentis; or
(4) As a person to whom legal custody has been given by order of court.
REMAIN. To stay behind, to tarry and to stay unnecessarily upon the streets.
STREET. A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel, the term street includes the legal right of way, including but not limited to the traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
TIME OF NIGHT. Based upon the prevailing standard of time, whether eastern standard time or eastern daylight saving time, generally observed at that hour by the public in the city, prima facie the time then observed in the city.
YEAR OF AGE. Continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase "under 18 years of age".
§ 130.02 CURFEW FOR MINORS.
It shall be unlawful for any person 17 or less years of age (under 18) to be or remain in or upon the streets within the city at night during the period ending at 6:00 a.m. and beginning at midnight.
Penalty, see § 130.99
§ 130.03 EXCEPTIONS.
In the following exceptional cases a minor on a city street during the nocturnal hours for which § 130.02 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow-citizens) shall not, however be considered in violation of this subchapter.
(A) When accompanied by a parent of the minor;
(B) When accompanied by an adult authorized by a parent of the minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area;
(C) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; (The minor shall evidence the bona fides of the exercise by first delivering, to the Mayor, or his or her representative (the officer on duty) a written communication, signed by the minor and countersigned if practical, by a parent of the minor with their home address and telephone number, addressed to the Mayor of the city specifying when, where and in what manner the minor will be on the streets at night (during hours when this subchapter is otherwise applicable to the minor) in the exercise of a First Amendment right specified in such communication.)
(D) In case of reasonable necessity but only after the minor's parent has communicated to the city police station personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including points of origin and destination; (A copy of the communication, or of the police record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and address of such parent and minor, shall be admissible evidence.)
(E) When the minor is on the sidewalk of the place where the minor resides;
(F) When returning home, by a direct route from (and within 30 minutes of the termination of) a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the officer assigned by him or her on duty at the police station, thus encouraging (here as in other exceptional situations) conduct on the part of minors involved in such activities and striking a fair balance for any somewhat conflicting interests;
(G) When authorized, by special permit from the Mayor, carried on the person of the minor thus authorized, as follows. When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this subchapter, then recourse may be had to the Mayor either for a regulation as provided in division (H) or for a special permit as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor if feasible stating:
(1) The name, age and address of the minor;
(2) The name, address and telephone number of a parent thereof;
(3) The height, weight, sex, color of eyes and hair and other physical characteristics of the minor;
(4) The necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable; and
(5) The street or route and the beginning and ending of the period of time involved by date and hour, the Mayor may grant a permit in writing for the use by the minor of the streets at such hours as in the Mayor's opinion may reasonably be necessary. In an emergency this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor or if unavailable to the police officer authorized by the Mayor to act on his or her behalf in an emergency, at the police station.
(H) When authorized, by regulation issued by the Mayor, in other similar cases of reasonable necessity, similarly handled but adapted to necessary night-time activities of more minors than can readily be dealt with on an individual special permit basis; (Normally such regulation by the Mayor permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and shall define the activity, the scope of the use of the streets permitted, the period of time involved not to extend more than 30 minutes beyond the time for termination of such activity, and the reason for finding that such regulation is reasonably necessary.)
(I) When the minor carries a certified card of employment, renewable each calendar month when the current facts so warrant, dated or re-issued not more than 45 days previously, signed by the Mayor and briefly identifying the minor, the addresses of his or her home and of his or her place of employment, and his or her hours of employment; and
(J) When the minor is engaged in interstate travel through the city or beginning or ending within the city.
§ 130.04 PARENTAL RESPONSIBILITY.
(A) It shall be unlawful for a parent having legal custody of a minor knowingly to permit or by inefficient control to allow, such minor to be or remain upon any city street under circumstances not constituting an exception to, or otherwise beyond the scope of, this subchapter.
(B) The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
Penalty, see § 130.99
§ 130.05 POLICE PROCEDURES.
(A) A police officer upon finding or having attention called to any minor on the streets in prima facie violation of this subchapter, normally shall take the minor to the city hall, where a parent shall immediately be notified to come for the minor, whereupon they shall be interrogated.
(1) This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the officer there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording.
(2) In the absence of convincing evidence such as a birth certificate, a police officer on the street shall in the first instance use his or her best judgment in determining age.
(B) Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent thereof a minor under appropriate circumstances, for example a minor of tender age near home whose identity and address may readily be ascertained or is known.
(C) In any event such police officer shall within 24 hours file a written report with the Mayor.
(D) When a parent, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located, or fails to take charge of the minor, the police officer shall deliver the minor to a relative, if available, and if not, shall deliver the minor to his or her residence and direct the minor to remain there for the duration of the curfew period.
(E) In the case of a first violation by a minor, the Mayor shall by certified mail, send to a parent written notice of the violation with a warning that any subsequent violation will result in full enforcement of this subchapter, including enforcement of parental responsibility and of applicable penalties.
Penalty, see § 130.99
§ 130.99 PENALTY.
(A) If, after the warning notice pursuant to § 130.05 of a first violation by a minor, a parent violates § 130.04 (in connection with a second violation by the minor), this shall be treated as a first offense by the parent. For such first parental offense, a parent shall be fined $25 and for each subsequent offense by a parent, the fine shall be increased by an additional $25 to a maximum of $100.
(B) Any minor who shall violate any of the provisions of §§ 130.02, 130.04 or 130.05 more than 3 times shall be reported by the Mayor to the appropriate juvenile authorities.
(C) A like procedure (division (B)) shall be followed in any case where the imposition of a fine or fines upon a parent shall not be effective, or where for any other reason the provisions of §§ 130.02, 130.04 or 130.05 cannot be made effective by the imposition of penalties under this section.
CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION
Section
150.01 Adoption of Kentucky Building Code and Standards of Safety; enforcement agents
150.02 Application
150.99 Penalty
' 150.01 ADOPTION OF KENTUCKY BUILDING CODE AND STANDARDS OF SAFETY;
ENFORCEMENT AGENTS.
(A) The Kentucky Building Code, as contained in Chapter 7, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments, are hereby adopted by reference as if fully set forth in this code of ordinances. Copies of the above codes and any amendments thereto shall be placed on file in the office of the City Clerk where they shall be available for public inspection during normal business hours.
(B) The Chief Building Inspector for Metro Louisville shall be designated as the local enforcement agent for the Kentucky Building Code, with the exception that prior to the issuance of any building or demolition permit from Metro Louisville, the City of Plantation must review said permit application and plans to determine if the project (and its site) is in compliance with all city ordinances and that the proposed structure or improvement (when compared with the surrounding neighborhood) will not substantially interfere with the comfortable enjoyment of life and property, or tend to depreciate the value of the property of others, as set out in Chapter 92 of the codified ordinances (Nuisances). Said determination shall be made in writing by the city no later than 20 days after submittal by the applicant. If the property is in compliance, a letter of compliance shall be issued to the applicant by the city and the applicant shall present that letter of compliance to Metro Louisville, as a required part of their permit process. No building or demolition permit shall be effective within the city unless and until said a letter of compliance is issued stating that the proposed structure or improvement is in compliance with all city ordinances.
(Am. Ord. 3, Series 2007-2008, passed 8-9-2007) Penalty, see ' 150.99
' 150.02 APPLICATION.
The application of the State Building Code shall be extended to all single-family dwellings in the city which are to be constructed or remodeled.
' 150.99 PENALTY.
Any person who violates any provision of the state codes adopted in ' 150.01 shall be subject to the following penalties:
(A) Violators of the Uniform State Building Code or the Uniform State Residential Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $1,000 for each offense.
(KRS 198B.990(1))
(B) Violators of the State Standards of Safety shall, upon conviction, be subject to a fine of not less than $25 nor more than $1,000, imprisonment for not more than 60 days, or both, for each offense.
(KRS 227.990(1))
(C) Violators of the State Plumbing Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense.
(KRS 318.990)
CHAPTER 151: SIGNS
Section
General Provisions
151.01 Short title
151.02 Purpose
151.03 Protection of first amendment rights
151.04 Definitions
Permits
151.15 Permits required
151.16 Application
151.17 Issuance
151.18 Permit fee
151.19 Annual inspection
151.20 Revocation of permit
151.21 Exemptions
Requirements and Regulations
151.35 General requirements
151.36 Construction requirements
151.37 Residential/office signs
151.38 Business signs
151.39 Maintenance
151.40 Obstructions to doors, windows or fire escapes
151.41 Unsafe signs
151.42 Obscene signs
151.43 Prohibited signs
Administration and Enforcement
151.55 Permits not issued for signs not in compliance
151.56 Notice; removal
151.99 Penalty
GENERAL PROVISIONS
§ 151.01 SHORT TITLE.
This chapter shall hereafter be known and cited as the "Sign Regulations."
§ 151.02 PURPOSE.
The purpose of this chapter is to establish reasonable regulations for the design, construction, installation and maintenance of all exterior signs in the city in order to:
(A) Balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;
(B) Further the objectives of the city land use plan;
(C) Protect the public health, safety and welfare;
(D) Reduce traffic hazards;
(E) Facilitate the creation of an attractive and harmonious community;
(F) Protect property values;
(G) Promote economic development; and
(H) Preserve the right of free speech exercised through the use of signs containing non-commercial messages.
§ 151.03 PROTECTION OF FIRST AMENDMENT RIGHTS.
Any sign allowed under this chapter may contain, in lieu of any other copy, any lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this chapter.
§ 151.04 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
AUTHORIZED CITY OFFICIAL. The Citation Officer or other person(s) appointed by the Chief Executive of the jurisdiction having zoning authority.
AWNING. A roof-like cover constructed of cloth, metal or other material designed and intended for protection from the weather and/or as a decorative embellishment, and which is supported by and projects from a wall of a structure over a window, walk, door or the like.
AWNING SIGN. A sign painted on, printed on or attached flat against the surface of an awning.
BUSINESS SIGN. Commonly known as an "on premises sign" is a sign used to identify a business, profession, trade or occupation on the site and/or the generic or brand name products or services available at the site, and shall include an attached sign, freestanding sign, projecting sign and freestanding directional sign.
CANOPY. A roof-like cover constructed of cloth, metal or other materials designed and intended for protection of the entrance way of a building from the weather, which is supported by a building at 1 or more points or extremities and when structurally needed by columns or posts affixed to the ground at other points or extremities.
CANOPY SIGN. A sign painted on, printed on or attached flat against the surface of the canopy.
CLUB IDENTIFICATION SIGN. A sign used to identify a club, lodge, fraternity or sorority.
COMMUNITY FACILITY IDENTIFICATION SIGN. A sign identifying a church, school or other institution of learning, library, museum, community center or similar institution on site.
CONSTRUCTION SIGN. A sign used to identify the persons or businesses engaged in the construction of a building on site.
EXCEPTIONAL RESIDENTIAL USE SIGN. A sign used to identify a residence on site for persons sharing a common status, disability or condition.
ILLUMINATED AWNING SIGN. An internally illuminated awning with translucent covering and with graphics or copy applied to the visible surface of the awning.
ILLUMINATED CANOPY SIGN. An internally illuminated canopy with translucent covering and with graphics or copy applied to the visible surface of the canopy.
MULTI-FAMILY RESIDENTIAL IDENTIFICATION SIGN. A sign used to identify a multi-family development on site.
NONCONFORMING SIGN. A sign which does not conform to the provisions of this chapter or which does not conform to the city sign ordinance in effect at the time of the erection of the sign.
(1) Nonconforming signs, other than temporary or portable signs, lawfully in existence at the time of the adoption of this chapter may be continued.
(2) No nonconforming sign may be enlarged or altered in any way which would increase its nonconformity.
(3) Should any nonconforming sign be damaged by any means to an extent of more than 25% of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
OFFICE BUILDING IDENTIFICATION SIGN. A sign used to identify an office building on site, or, where allowed, the occupants thereof.
OFF-PREMISE SIGN. Including a sign commonly known as a "billboard," is a sign used to display, advertise or otherwise direct attention to any business enterprise, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
READER BOARD SIGN. A business sign or part thereof that is designed so that characters, letters or illustrations can be easily changed or rearranged without altering the face or surface of the sign.
RENT/SALE SIGN. A sign used to advertise the premises on site or a portion thereof for sale or lease.
SIGN. Any writing, device, pictorial representation, illustration, emblem, symbol, design or other figure of similar character which is a structure or a part thereof, or is attached to or in any manner represented on a building or other structure, and is placed out of doors in view of the general public and is used for purposes of advertisement, announcement, declaration, demonstration, display identification or expression, except for the following:
(1) Non-illuminated names of buildings, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal or any other permanent type of construction and made an integral part of an allowed structure or made flush to the ground;
(2) Signs required by law or signs of a duly constituted government body;
(3) Signs placed by a public utility for the safety, welfare or convenience of the public, including but not limited to signs identifying high voltage, public telephone or underground cables;
(4) Signs upon a vehicle, provided that any such vehicle with a sign face of over 1 square foot is not conspicuously parked so as to constitute a sign; nothing herein prevents such a vehicle from being used for bona fide delivery and other vehicular purposes;
(5) Temporary holiday decorations;
(6) Non-illuminated numerals displayed on and denoting the address of a building or property which are not part of an otherwise existing attached or freestanding sign; and
(7) Signs placed within the interior of a building which are attached to and/or visible through windows or doors provided the sign occupies no more than 1/4 the total square footage of the window or door.
SINGLE-FAMILY RESIDENTIAL OCCUPANT SIGN. A sign used to identify the individual or individuals occupying a single-family residence.
SUBDIVISION IDENTIFICATION. A sign used to identify a subdivision on site.
PERMITS
§ 151.15 PERMITS REQUIRED.
Except as provided in § 151.17, it shall be unlawful for any person to erect, relocate, structurally alter, reconstruct or substantially repair or change within the city, any sign or other advertising structure.
(A) Reconstructing signs.
(1) No sign heretofore approved and erected shall be substantially repaired, altered or moved, nor shall any sign, or any substantial part thereof, which is blown down or destroyed, be re-erected, reconstructed or rebuilt unless it is made to comply with all applicable requirements of this chapter.
(2) For the purpose of this section, shall refer to:
(a) Any change in copy face in excess of 60% of the existing sign; and
(b) Or actual repairs made (not designed to bring the sign within compliance), the test being the actual cost of any such repair. Such cost of repair, if in excess of 25% of the current cost of the sign, shall be sufficient for the purpose of this chapter to qualify as a substantial repair or change.
(B) Relocating signs. Any sign that is moved to another location either on the same or another premises shall be considered a new sign and a permit shall be secured.
§ 151.16 APPLICATION.
Application for a sign permit shall be made upon a form provided by the authorized city official and shall contain and have attached the following information:
(A) Name, address and telephone number of the applicant;
(B) Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected;
(C) Position of the sign or other advertising structure in relation to nearby buildings or structures;
(D) One complete copy of the plans, and specifications including dimensions, sign verbiage, materials and details of construction;
(E) Written consent of the owner of the building or land to which or on which the sign is to be erected;
(F) Any required electrical permit; and
(G) Such other information as the authorized city official shall require to show full compliance with this and all other laws and ordinances of the city.
§ 151.17 ISSUANCE.
Upon the filing of an application for a sign permit, the authorized city official shall:
(A) Examine the plans and specifications and the premises upon which the proposed structure shall be erected; and
(B) Issue a permit if the proposed structure complies with the requirements of this chapter and all other laws and ordinances of the city. If the work authorized under a sign permit is not completed within six months after the date of issuance, the permit shall become null and void.
§ 151.18 PERMIT FEE.
Every applicant, prior to issuance of a permit pursuant to § 151.17, shall pay to the city a nonrefundable fee of $1 per square foot of sign face for each sign or other advertising structure regulated by this chapter. The fee shall be good for the life of the sign, in accordance with the provisions of § 151.15 herein.
§ 151.19 ANNUAL INSPECTION.
The authorized city official shall inspect annually, or whenever deemed necessary, each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the structure is unsafe, in need of repair, not in conformance with the permit application, or otherwise in violation of the provisions of this chapter.
§ 151.20 REVOCATION OF PERMIT.
The authorized city official may revoke any permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application.
§ 151.21 EXEMPTIONS.
The following signs are exempt from the permit requirements of this chapter:
(A) Temporary political signs concerning candidates for public office and ballot issues and not exceeding 12 square feet in area. The signs shall be removed no later than 7 days after the election or referendum.
(B) Temporary signs advertising the date, time and location of a garage or yard sale and not exceeding 4 square feet in area. The signs shall be posted no more than 3 days prior to and removed 1 day after the sale.
(C) Signs attached to the inside of a window and not exceeding 4 square feet in area which do not exceed 25% of the area of the window pane.
(D) Signs which are an integral part of the historic character of a landmark building or historic district.
(E) Public signs regulating vehicular or pedestrian traffic or designating or giving direction to streets, schools, hospitals, historical site or public facilities.
(F) Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational or fraternal organization not exceeding 40 square feet in area.
(G) Special decorative displays, used for holidays, public demonstrations, or promotion of civic welfare or charitable purposes, when authorized by the City Council on which there is no commercial advertising, provided the city is held harmless for any damage resulting therefrom. The signs shall be erected no more than 45 days before and removed no later than 14 days after the celebration.
(H) Hand-held signs of a noncommercial nature not set on or affixed to the ground and not exceeding 10 square feet in area.
(I) Home and commercial building occupational signs identifying the name and profession of the occupants(s) and not exceeding 2 square feet in area.
(J) Memorial or commemorative plaques or tablets denoting a building name and/or date of erection or a location of historic significance and not exceeding 4 square feet in area.
REQUIREMENTS AND REGULATIONS
§ 151.35 GENERAL REQUIREMENTS.
(A) No sign shall be placed in a manner visible from any public street, alley, right-of-way, sidewalk or other public easement except as provided herein nor shall any sign be placed in or extend over any required yard in any district or be placed in or extend over any street, right-of-way, roadway, sidewalk, public or private utility or access or other easement, or alley except as provided herein.
(B) All signs allowed hereunder shall be constructed and placed so as not to interfere with vehicular traffic by obstructing sight lines for streets, pedestrian rights-of-way and driveways.
(C) No sign shall be allowed to be illuminated except as expressly provided herein.
(1) All illuminated signs shall be subject to the provision of the Electrical Code and its requisite permit fees.
(2) Signs which are otherwise allowed to be illuminated are not allowed if the authorized city official shall find that the lighting causes glare or otherwise interferes with the vision of persons operating motor vehicles.
(3) All illuminated signs shall be non-flashing and shall be constant in intensity and color, except that signs which display time and temperature are allowed in C-N, C-1, C-2, C-3, C-M, M-1, M-2 and M-3 zones.
(D) No sign shall be allowed if the authorized city official finds that the sign is constructed or designed in a manner which may cause the sign to be confused with a traffic sign or other traffic-control device.
(E) The maximum allowed area for all signs other than freestanding business signs shall be determined by drawing 4 or fewer straight lines encompassing the extremities of the sign within the smallest possible area.
(F) The maximum allowed area for freestanding business signs shall be measured by drawing eight or fewer straight lines encompassing the extremities of the sign within the smallest possible area, provided, however, that the area of a freestanding sign shall not include poles, supports or other structures which are solely for support and which do not contain any advertising and the area of a freestanding sign shall not include the space between the business identification portion of a freestanding business sign and the reader board portion, provided that these portions are separated by a distance of more than two feet and no small freestanding sign is located on the lot.
(G) Signs which revolve, rotate or move in any way shall be allowed in the C-N, C-1, C-2, C-3, C-M, M-1, M-2 and M-3 zones only and no such sign shall move faster than 1 cycle every 10 seconds.
(H) No sign shall have more than 4 faces.
(I) One non-permanent sign may be erected per lot provided that the sign does not exceed 32 square feet in areas or 5 feet above ground in height.
(J) This regulation shall be in addition to the requirements of KRS 177.830 through 177.890.
§ 151.36 CONSTRUCTION REQUIREMENTS.
(A) Materials required. Wood, plastic, glass and other accepted materials as approved by the authorized city official.
(B) Glass requirements. The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semi-transparent incombustible material. Any glass forming a part of any sign shall be safety glass, tempered glass or plate glass at least 1/4 inch thick and in case any single piece or pane of glass has an area exceeding 3 square feet, it shall be wired glass. One section, not exceeding 3 square feet in area, constructed of wire glass or safety glass shall be permitted on each side of sign.
(C) Letters to be secured. All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(D) Wood preservative. All wooden posts, anchors and braces which rest upon or enter into the ground shall be treated with copper chromated arsenical (CCA) or another commercially available wood preservative or its equivalent rot-resistance material. If creosote or any other restricted use substance is used, it shall be applied by a state-certified handler.
(E) Erection. All signs shall be securely designed, constructed and erected to proper specifications as approved by the authorized city official.
§ 151.37 RESIDENTIAL/OFFICE SIGNS.
(A) One single-family residential occupant sign not exceeding 1 square foot shall be allowed anywhere on the premises of each residence.
(B) One freestanding subdivision identification sign not exceeding 12 square feet in area or 5 feet in height shall be allowed at each dedicated street entrance within the building lines of the subdivision during construction, for not more than 60 days prior to the commencement of construction, and after construction until such time as 80% of the lots are sold. Thereafter, 1 subdivision identification sign not exceeding 15 square feet in area or 10 feet in height shall be allowed at each dedicated street entrance within the building lines.
(C) One freestanding or attached community facility identification sign not to exceed 30 square feet in area and not exceeding ten feet in height facing each bordering street is allowed on the premises of any community center, church, school, library, museum or similar institution. A church sign may be illuminated if it is less than 18 square feet in area and less than 8 feet in height, provided that, if the church is located in a district for which a larger business sign would be allowed, then the size of the sign may be the size allowed in that district.
(D) One exceptional residential use sign or club identification sign facing each bordering street not to exceed 6 square feet in area is allowed on each site on which an exceptional residential use of club, lodge, fraternity or sorority is located. Any such sign if freestanding must not exceed 6 feet in height.
(E) One illuminated or non-illuminated mufti-family residential identification sign attached flat on the face of the building and extending no more than 12 inches from the surface of such building is allowed to face each street bordering on the site on which a mufti-family dwelling is located in the R-5A, R-6, R-7, R-8, OR-1, OR-2, OR-3 or OTF Districts. The signs may not exceed 12 square feet in area if the site is in the R-5 A, R-6, R-7, R-8 A or OR-1 Districts and may not exceed 50 square feet in area if the site is in the OR-2-OR-3, OTF, W-1 or W-2 Districts. In no event shall an attached sign be located more than 3 feet above the ceiling of the first floor of the building. In the alternative one freestanding sign which shall not extend into any required yard is allowed to face each street bordering the site provided that the freestanding signs if located in the R-5A, R-6, R-7, R-8A or OR-1 Districts shall not exceed a height of 6 feet above ground nor exceed an area of 6 square feet and if located in the OR-2, OTF, W-1 or W-2 Districts shall not exceed a height of 10 feet above ground nor exceed an area of 30 square feet.
(F) One illuminated or non-illuminated office building identification sign attached flat on the face of the building and extending no more than 12 inches from the surface of such building is allowed to face each street bordering the site on which an office building is located in the OR-1, OR-2, OR-3, OTF, W-1 or W-2 Districts. The signs may not exceed 10 square feet in area if the site is in the OR-1 District and may not exceed 50 square feet in area if the site is in the OR-2, OR-3, OTF, W-1 or W-2 Districts. In no event shall an attached sign be located more than 3 feet above the ceiling of the first floor of the building. In the alternative one freestanding sign which shall not extend into any required yard is allowed to face each street bordering the site provided that such freestanding signs if located in the OR-1 District shall not exceed a height of 6 feet above ground nor exceed an area of 6 feet and if located in the OR-2, OR-3, OTF, W-1, W-2 Districts shall not exceed a height of 10 feet above ground nor exceed an area of 30 square feet. In the OR-3 and OTF Districts only up to 50% of the area of each sign may be used for tenant identification with at least 50% of the area of such signs dedicated to the building identification or name. In addition, freestanding directional signs subject to the requirements of division (D) are allowed in the OR-1, OR-2, OR-3, OTF, W-1 or W-2 Districts.
§ 151.38 BUSINESS SIGNS.
(A) Illuminated or non-illuminated. Illuminated or non-illuminated business signs are allowed in the C-N, C-1, C-2, C-3, C-M, EZ-1, M-1, M-2 and M-3 Districts subject to the restrictions set forth in § 151.37(C).
(B) Attached signs. An attached sign for the purpose of this section shall mean a business sign painted on or mounted on and parallel to the facade of the building.
(1) On a single use building there shall be both a primary and secondary facade selected at the discretion of the property owner. On the primary facade there shall be no more than 3 attached signs. On the secondary facade there shall be only one sign. On a multi-use building there may be 1 sign on one facade for building identification. At least 50% of this sign must be used to identify all tenants. Also, each business may have one sign per business on any 1 facade. Both single-use and multi-use buildings are also subject to the total maximum sign area requirements set forth below. Exceptions: The one sign allowed on a multi-use building for building identification and the 1 sign allowed on a single use building on the secondary facade may not exceed 10% of that facade.
(2) The total area encompassed by all attached signs on any 1 facade of the building shall not exceed:
|
Area Facade of Building |
Maximum Sign Area |
|
Less than 500 square feet |
20% of building facade area |
|
Greater than or equal to 500 but less than 1,000 square feet |
100 square feet plus 15% of the amount by which building facade area exceeds 500 square feet |
|
Greater than or equal to 1,000 but less than 3,500 square feet |
175 square feet plus 5% of the amount by which building facade area exceeds 1,000 square feet |
|
Greater than or equal to 3,500 square feet |
300 square feet |
(3) An attached sign mounted parallel to the exterior walls of a building may project up to 18 inches from the surface to which it is mounted. In the instance of a building on the property lines, an attached sign constructed flat on the face of the building may extend into the right-of-way no further than 18 inches from the surface of the building. An attached sign mounted to a slanted (inclined) exterior surface may be mounted in the vertical upright position as long as the sign does not project beyond 18 inches at the point of attachment. No such sign shall extend more than five feet above the highest point of the exterior wall to which it is attached. No such sign shall be mounted on any roof. No such sign shall extend to a height greater than 25 feet above ground, except that building located in the C-3 District and hospitals may have an attached sign of any height. Awning signs may project up to 48 inches from the facade to which they are mounted. Canopy signs may project up to 96 inches from the facade to which they are mounted. Awnings and canopies containing signs must be mounted no more than 3 feet above the ceiling of the first floor of the building. The area of all awning and canopy signs shall be included as part of the total allowable signage on any one facade of a building. Whenever an awning or canopy contains signage and is internally illuminated (illuminated canopy and awning signs) the entire surface area of the awning or canopy is to be considered a sign when calculating the allowable area for signage.
(4) In addition to the permanent attached signs allowed herein, temporary banners (cloth, plastic or other nonrigid material with no enclosing framework) are allowed in the C-N, C-1, C-2, C-3, C-M, EZ-1, M-1, M-2 and M-3 Districts upon the issuance of a permit by authorized city official.
(a) The permit shall be issued for a period not to exceed 30 consecutive days and for cumulative periods not to exceed 60 days in any calendar year.
(b) Only 1 such temporary banner shall be allowed on any business premises.
(c) The area of such a banner shall not exceed 50% of the sign area allowed for permanent attached business signs on the building facade to which the banner is affixed.
(d) The banner shall be of a square or rectangular design having all 4 corners secured with wire, steel or nylon cord of appropriate strength.
(e) Immediately upon expiration of the permit, the temporary banner shall be removed.
(f) Any banner being displayed for which a valid permit has not been issued, shall be deemed an unlawful, unpermittable sign. Any person found to be in control of the premises shall be given 24 hours to remove the banner or it may be removed by the authorized city official at the owners expense.
(C) Freestanding signs. In addition to the attached signs allowed above, illuminated or non-illuminated freestanding signs are allowed subject to the following restrictions:
(1) No freestanding sign shall be located in or project over or into the right-of-way or into any adjoining property.
(2) No sign shall be higher than 35 feet in the C-N, C-1 Districts, nor higher than 40 feet in the C-2, C-M, EZ-1, -1, -2 and -3 Districts unless specifically exempted elsewhere in this section.
(3) No freestanding sign shall encroach into a required yard.
(4) When a freestanding sign is allowed at the front or street side property line, such sign shall not exceed 20 feet in height. For each 1.5 feet setback from the front or street side property line, whichever is nearest to the sign, the maximum height may increase 6 inches. However, no portion of a sign within 5 feet of the front or street side property line may be closer than 10 feet to the ground, except for directional signs of the dimensions allowed in these regulations. In no case shall a freestanding sign exceed 35 feet in height except as noted above.
(5) The maximum area of 1 face of any freestanding sign shall not exceed in square feet the following percentage of the square of the maximum sign height:
(a) 12% in the C-N Neighborhood Commercial District.
(b) 16% in the C-1, C-2 and C-M Commercial Districts.
(c) 20% in the EZ-1, M-1, M-2 and M-3 Industrial Districts.
(6) No sign shall have more than 4 faces.
(7) A lot fronting only on 1 street shall have not more than 1 freestanding sign except as allowed by division (9) below.
(8) A lot fronting on two public streets shall be allowed to have 2 freestanding signs. If 2 signs are to be used the total maximum combined area of the 2 signs shall not exceed the maximum sign area of the 1 freestanding sign allowed on lots fronting on only 1 public street.
(9) The maximum area of each face of a freestanding sign as calculated by division (5) hereof may be increased by 20% if the sign is located on a lot with more than 300 feet of frontage on a public street, by 35% if the sign is located on a lot with more than 450 feet of frontage on a public street and by 50% if the sign is located on a lot with more than 600 feet of frontage on a public street. In the alternative, a lot with more than 450 feet of frontage shall be allowed up to 2 additional freestanding signs. If 2 additional signs are chosen, 1 must be utilized for no less than 50% tenant identification. The second additional sign will not be allowed if the building on the lot displays any business signs on the facades.
(10) No lot shall have a freestanding sign unless the building situated on that lot is set back at least 15 feet from the front and street side property line.
(D) Freestanding directional signs. Freestanding directional signs, i.e., signs used primarily to direct on premise vehicular or pedestrian circulation of traffic, are allowed to a maximum height of 3 feet, with a maximum area of 5 square feet. Such signs shall not be counted toward the number of freestanding signs allowed on a lot. One single faced "menu board" type sign is allowed for a "drive through" facility and shall not be counted toward the number of freestanding signs allowed, provided the sign is no larger than 16 square feet.
(E) Projecting signs. Buildings on lots which contain no freestanding sign (other than a freestanding directional sign) may not have more than 1 sign which projects perpendicularly from the facade (but not the roof) of the building providing that the sign does not exceed 32 square feet in area, does not extend below 9 feet above the ground or sidewalk, or more than 7 feet from the facade of the building, or closer than 5 feet to the abutting roadway.
(F) OTF District. Illuminated or non-illuminated business signs are allowed in the OTF District subject to the following restrictions:
(1) One freestanding sign is allowed for each motel or hotel, which sign shall not exceed 30 square feet in area and shall not exceed a height of ten feet above ground.
(2) In addition, freestanding directional signs subject to the requirements of § 151.39(D) are allowed.
(G) PRO and PEC Districts. Signs erected in the PRO and PEC Districts shall be subject to the following regulations:
(1) Individual business signs facing each bordering street shall be limited in total surface area to three square feet for each linear foot of street frontage of the lot, provided that such sign shall not exceed a maximum of 300 square feet. Directional signs may be erected but shall not exceed 12 square feet in area.
(2) One Industrial Park identification sign shall be allowed on each street on which the Industrial Park fronts and shall not exceed a maximum of 300 square feet in area.
(3) Advertising signs are prohibited.
(4) No sign in the PRO and PEC Districts shall have flashing or intermittent illumination.
(H) W-3 District. One business sign for each business site located in the W-3 District is allowed provided that such sign shall not exceed 300 square feet in area or 35 feet in height and shall be made a part of the architectural design of the building or the landscape development of the site. In addition, freestanding directional signs subject to the requirements of § 151.39(D) are allowed.
(I) Special provisions.
(1) A single use building may have one attached sign furnishing emergency telephone numbers or other such emergency information. Such a sign shall not be counted toward the number of attached signs allowed provided it does not exceed one square foot in area. Multiple use buildings may have 1 such emergency sign for each independent use.
(2) A sign in a gasoline service station identifying a self-service and/or full service pump island may be attached to canopy supports or light standards over a pump island at a height greater than the 3 feet allowed for other directional signs, provided the area of such a sign does not exceed 5 square feet.
§ 151.39 MAINTENANCE.
(A) No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration or holes.
(B) No permit is required for repair, repainting or maintenance which does not entail structural change.
§ 151.40 OBSTRUCTIONS TO DOORS, WINDOWS OR FIRE ESCAPES.
No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape.
§ 151.41 UNSAFE SIGNS.
No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance.
§ 151.42 OBSCENE SIGNS.
No sign or other advertising structure shall display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.
§ 151.43 PROHIBITED SIGNS.
(A) V-Shaped signs and/or sandwich boards.
(B) Off-premise signs. This shall mean any sign which is not located on the premises that it advertises or identifies.
(C) Trailer or mobile signs.
(D) Outdated and/or abandoned signs.
(E) Pennants, festoons, search lights (except as allowed in § 151.40(H)).
(F) Snipe signs (a temporary sign or poster affixed to a tree, fence and the like).
(G) Inflatable devices.
ADMINISTRATION AND ENFORCEMENT
151.55 PERMITS NOT ISSUED FOR SIGNS NOT IN COMPLIANCE.
Subsequent to the effective date of this chapter, no new erection permits shall be issued by the authorized city official within the city for signage which does not comply with the requirements of this chapter.
§ 151.56 NOTICE; REMOVAL.
If the authorized city official finds that any sign or other advertising structure is prohibited by the provisions of this chapter the authorized city official shall give written notice to the permittee or the owner of the property upon which the structure is located. If the permittee or owner fails to remove or alter the structure so as to comply with the standards set forth in this chapter within ten days after such notice, the authorized city official may undertake such removal or alteration as is necessary to bring the structure into compliance and assess the costs to the permittee or owner. The authorized city official may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed or altered immediately and without notice.
§ 151.99 PENALTY.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $500. Each day such violation is committed, or permitted to continue, shall constitute a separate offense.
CHAPTER 152: MINIMUM HOUSING STANDARDS
Section
152.01 Kitchen and bathroom equipment and facilities
152.02 Heat and heating equipment
152.03 Electrical facilities
152.04 Light and ventilation
152.05 Means of access and egress
152.06 Garbage and rubbish disposal facilities
152.07 Protection from insects, rodents and pests
152.08 General maintenance
152.09 Responsibility
152.10 Transfer of responsibility
152.11 Violation
152.12 Notice
§ 152.01 KITCHEN AND BATHROOM EQUIPMENT AND FACILITIES.
No person shall occupy as an owner-occupant or shall let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for kitchen and bathroom equipment facilities:
(A) Kitchen sink. Every dwelling unit shall contain within its walls a kitchen sink in good working condition.
(B) Cooking equipment. Every piece of cooking equipment which is supplied or used by an owner, operator or occupant shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition. Portable cooking equipment employing flame, and cooking equipment using gasoline or kerosene as fuel for cooking are prohibited; provided, however, that this sub-section shall not apply to fondue dishes, chafing dishes or other similar portable cooking equipment.
(C) Bathroom facilities.
(1) Every dwelling unit shall contain within its walls a room separate from the habitable rooms, which shall afford privacy to any occupant thereof and which shall be equipped with a flushing water toilet and a lavatory basin in good working condition.
(2) Every dwelling unit shall contain within its walls a room, seperate from the habitable rooms which shall afford privacy to any occupant thereof and which shall be equipped with a bathtub or shower in good working condition. Such a room may be the same as required by this division (C) above.
(D) Water, hot, water and sewer connections. Every kitchen sink, lavatory basin and bathtub or shower required by this section shall be properly connected with and supplied by both hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower even when the heating facilities required by these rules and regulations are not in operation. All plumbing fixtures required by these rules and regulations shall be properly connected to an approved water system and to an approved sewerage system. All water and sewer connections required by this division shall conform to all applicable requirements by these rules regulations.
(E) Maintenance. All equipment, facilities and connecting plumbing required by this section shall be maintained in a good, safe, sanitary and workable condition.
(Ord. passed 8-13-1979)
§ 152.02 HEAT AND HEATING EQUIPMENT.
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for heat and heating equipment.
(A) Heating equipment and capacity. Every dwelling unit shall have heating equipment which conforms to all applicable provisions of rules and regulations and which is capable of safely and adequately maintaining an average temperature of 70°F in all habitable rooms, bathrooms and water closet compartments when the outdoor temperature is -10°F without forcing the equipment to operate in excess of its design and capacity. Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame, and the use of gasoline or kerosene or any liquid petroleum gas as a fuel does not meet the requirements of this section and is prohibited.
(B) Supply of heat. The owner or operator of any dwelling or dwelling unit who lets the dwelling or dwelling unit under an agreement, express or implied, to supply heat to the occupants thereof shall supply, without the undue restrictions of ventilation as to interfere with proper sanitary conditions, to provide a minimum temperature in all habitable rooms, bathrooms and water closet compartments of 68°F from 6:30 a.m. to 10:30 p.m. and a minimum temperature of 65°F at all other times. The temperatures shall be averaged throughout the dwelling or dwelling unit.
(C) Written notice required. Written notice of any complaint concerning lack of heat in the dwelling unit shall first be given to the owner or operator by certified mail, return receipt requested, before violation of this section shall be deemed to exist.
(D) Causes beyond control of owner or operator. Failure to furnish the heat required by this section shall not constitute an offense when it is due to a breakdown of the heating plant (unless such breakdown has been caused by a violation of these rules and regulations), nor where it is due to strikes, to a general shortage of fuel, to any act of the occupant who makes the complaint, or to any cause beyond the owner's or operator's control.
(E) Determination of average temperature. To determine if a violation of this section has occured, the city shall cause temperature readings to be made by a means of a standard Fahrenheit thermometer in not less than 2 rooms, or if the unit consists of only 1 room at or near the extremes as practicable, the thermometer to be placed at a point not less than 4 feet nor more than 6 feet away from any door window and 3 feet above the floor.
(F) Maintenance. All equipment and facilities and connecting fuel lines required by this section shall be maintained in a good, safe and workable condition.
(Ord. passed 8-13-1979)
§ 152.03 ELECTRICAL FACILITIES.
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for electrical facilities:
(A) Electrical service, convenience outlets and fixtures. Every dwelling, dwelling unit and habitable room shall be supplied with electrical service, convenience outlets and fixtures in accordance with applicable requirements of these rules and regulations.
(B) Maintenance. All outlets, fixtures and connecting electrical lines required by this section shall be maintained in a good, safe and workable condition.
(Ord. passed 8-13-1979)
§ 152.04 LIGHT AND VENTILATION.
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for light and ventilation:
(A) General standards. Every dwelling, dwelling unit and habitable room shall be supplied with light and ventilation in accordance with all applicable provisions of these rules and regulations.
(B) Maintenance. All facilities and equipment required by this section for natural, artificial or mechanical lighting or ventilation shall be maintained in good, safe and workable condition.
(Ord. passed 8-13-1979)
§ 152.05 MEANS OF ACCESS AND EGRESS.
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following minimum standards for access and egress.
(A) General standards. Every dwelling and dwelling unit shall be supplied with the means of access and egress in accordance with the requirements of these rules and regulations.
(B) Maintenance and obstructions. All means of access and egress required by this section shall be maintained so as to provide safe and convenient access to an egress from the dwelling or dwelling unit which they serve and shall be kept free from any obstruction of any nature whatsoever.
(Ord. passed 8-13-1979)
§ 152.06 GARBAGE AND RUBBISH DISPOSAL FACILITIES.
No person shall occupy as an owner-occupant to let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for garbage and rubbish disposal facilities:
(A) Facilities to be supplied. Every dwelling and dwelling unit shall be supplied with facilities for the temporary storage and disposal of garbage and rubbish as required by these rules and regulations.
(B) Maintenance. The facilities required by division (A) above shall be maintained in a good, non-leakable condition, capable of being tightly sealed, and as clean as possible.
(C) Disposal and storage of garbage and rubbish. The disposal and storage of garbage and rubbish shall be in accordance with all applicable provisions of these rules and regulations and all premises shall be kept free from any debris, object, material or condition which may create a health, accident or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood.
(Ord. passed 8-13-1979)
§ 152.07 PROTECTION FROM INSECTS, RODENTS AND PESTS.
(A) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for the protection from insects, rodents and pests:
(B) Every dwelling, dwelling unit and its premises shall be maintained free of conditions conducive to the breeding of or infestation by rodents, insects or pests.
(Ord. passed 8-13-1979)
§ 152.08 GENERAL MAINTENANCE.
No person shall occupy as an owner-occupant of let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for general maintenance.
(A) General.
(1) All dwellings and dwelling units and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which they or any fixture thereof were designed or intended to be used.
(2) Every supplied facility, piece of equipment or utility which is required under these rules and regulations and every chimney and smoke pipe, shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.
(3) No owner, operator or occupant shall cause any service facility, equipment or utility which is required under these rules and regulations to be removed or shut off from or discontinued from any occupied dwelling or dwelling unit let or occupied by him or her, except such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of the service is approved by the city.
(B) Foundations, exterior walls and roofs. Every foundation, exterior wall and roof of every dwelling and every accessory structure shall be substantially weather-tight, water-tight and rodent-proof; shall be capable of affording privacy; shall be kept in sound condition and good repair; shall be kept free of all holes or breaks, and of loose or rotting boards, timbers, brick, stones and other structural material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
(C) Exterior surfaces. All exterior surfaces of any dwelling or accessory structure shall be reasonably capable of withstanding the effects of the elements and decay. Any exterior surface which is deteriorated, decaying, disintegrating or which is weathered with dirt and grime or which has lost its capability to reasonably withstand the effects of the elements and decay through peeling or flaking of the paint of other protective coating, shall be repaired, repainted or resurfaced.
(D) Exterior repairs and maintenance to harmonize with existing exterior. Whenever repair, replacement or maintenance of exterior walls or roofs is required to comply with divisions (B) and (C) above, the repair, replacement or maintenance shall be undertaken so as to match, conform and be consistant with the existing exterior, and shall comply with all applicable provisions of these rules and regulations and the ordinances of the city.
(E) Windows and exterior doors. Every window, window screen, exterior door, exterior door-screen and hatchway shall be substantially weather-tight, water-tight, wind-tight and rodent-proof; shall be equipped with all appropriated hardware; shall be capable of being easily opened unless designed to be fixed; and shall be kept in good repair.
(F) Floors, bathroom floors. All floors shall be substantially rodent-proof; be free of holes, cracks, and loose, protruding, warped or rotting floor boards which might constitute a possible accident hazard. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition. Where the floor surfaces exist they may be overlaid with carpeting designed and intended for use in bathrooms.
(G) Interior walls and ceilings. Every interior wall and ceiling shall be substantially rodent-proof; shall be free of holes and large cracks and any flaking, peeling, loose or deteriorated paint, plaster, wall board, paneling or other material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. No lead-base paint shall be applied to any interior wall or ceiling. Bathroom and kitchen walls shall have water-proof surfaces where necessary to prevent damage.
(H) Stairways and porches. Every inside and outside stairway and porch and every appurtenance thereto shall be maintained in a good state of repair and free from rotting, loose or deteriorating supports, rails, floors and stairs so as to be safe to use and capable of supporting the loads that normal use may cause to be placed thereon.
(I) Accessory structures. All garages, tool sheds and all other accessory structures shall be in good repair so as not to be unsafe or become a harborage for rats, other rodents and insects. Fences and roadside mailboxes shall be maintained in good repair, solid and in the same condition required for other exterior surfaces. Television antennae shall be firmly and securely fastened to the dwelling and shall be maintained in good repair.
(J) Accumulation of debris. The interior areas of dwellings and dwelling units, including basements, attics and other storage areas, and the premises and accessory buildings associated therewith, shall be maintained free of any debris, object, material or condition which does or may create a hazard to the health or safety of any persons, is conducive to infestation, presents a fire hazard or constitutes a blighting or deteriorating influence on the neighborhood.
(K) Vegetation.
(1) No premises shall contain uncontrolled growths of vegetation and all trees, hedges and other planting shall be kept trimmed so as to avoid interference with persons or vehicles passing on public ways, easements or adjoining private property.
(2) All landscaping, including, but not limited to grass, trees, shrubbery, flowers and hedges are to be kept in a neat appearance and trimmed so as not to be a blight and deteriorating influence on the community as a whole. Lawns are to be mowed and trimmed. Grass is not to be allowed to grow greater than 3 in height without being mowed and trimmed.
(L) Driveways and walkways.
(1) Cement or asphalt driveways, walkways and parking areas shall be maintained free of loose or broken material and cracks shall be repaired as necessary to avoid safety hazards and accidents.
(2) Stone or dirt driveways, walkways and parking areas shall be maintained in forms designed to prevent the spread of stone and dirt to public ways, easements and adjoining property.
(M) Gutters and downspouts. All gutters and downspouts shall be securely and firmly fastened to the dwelling, shall be maintained free of debris which might prevent their proper functioning and shall not be allowed to discharge in the manner which might create unnecessary erosion.
(Ord. passed 8-13-1979)
§ 152.09 RESPONSIBILITY.
(A) Every owner or operator of a dwelling or dwelling unit shall:
(1) Comply with all duties imposed on him or her by these rules and regulations and the ordinances and the city;
(2) Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling and premises, including parkways, and maintain and repair any equipment or facilities which the owner or operator supplies or is required to supply pursuant to rules and regulations herein set out and the ordinances of the city;
(3) Exterminate any insects, rodents or other pests in any dwelling unit if infestation is caused by the failure of the owner or operator to maintain the dwelling in a rodent-proof and reasonably insect-proof condition, and to exterminate the pests in the dwelling regardless of the cause of infestation; and
(4) Supply and maintain facilities for the temporary storage and disposal of garbage and rubbish and provide for the collection of garbage and rubbish from the premises.
(B) Every occupant of a dwelling shall:
(1) Comply with all duties imposed on him by these rules and regulations and the ordinances of the city;
(2) Maintain in a clean and sanitary condition its dwelling, dwelling unit or premises which he occupies and controls;
(3) Keep all supplied facilities, including plumbing fixtures and cooking and refrigeration equipment, in a clean an sanitary condition and exercise reasonable care in their proper use and operation;
(4) Dispose of all garbage and rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary; (Every occupant shall provide such facilities for and within his dwelling unit and shall maintain them in a clean and sanitary manner.)
(5) Be responsible for the extermination of insects, rodents and pests in his or her dwelling except when the owner or operator is responsible under these rules and regulations and the ordinances of the city; and
(6) Not place on the premises any material which casese a fire hazard, or otherwise endangers the life, health or safety of any occupant of such dwelling or constitutes a blighting or deteriorating influence on the premises or neighborhood, nor place in storage on the premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation.
(Ord. passed 8-13-1979)
§ 152.10 TRANSFER OF RESPONSIBILITY.
A contract effective as between owner and operator or operator and occupant or owner and occupant with the regard to compliance hereunder shall not relieve any party of his or her direct responsibility under these rules and regulations and the ordinances of the city.
(Ord. passed 8-13-1979)
§ 152.11 VIOLATION.
Any violation of these rules and regulations permits the city to perform any repair, replacement, clean-up, painting or any other remedial act necessary to bring the subject premises up to the standards set out in these rules and regulations and any other ordinances of the city. The remedial acts or repairs are to be done at the cost to the owner of the property and will constitute a lien against the property.
(Ord. passed 8-13-1979)
§ 152.12 NOTICE.
Before any remedial act is performed by the city, he or she shall first give notice to the owner and occupant(s) of the property by registered or certified mail. The notice shall set forth the violation and the remedial steps needed to be taken. Failure to take appropriate remedial steps within 14 days after receipt of the notice shall permit the city to cause the remedial measures to be taken by the city.
(Ord. passed 8-13-1979)
CHAPTER 153: ZONING
Section
153.01 Annexations; application of zoning regulations
§ 153.01 ANNEXATIONS; APPLICATION OF ZONING REGULATIONS.
From and after June 1, 1962, all real estate which may have been heretofore annexed by the city or which may be annexed by the city after June 1, 1962, and which shall have become or which may become a part of the city, shall upon such annexation assume and take that character of zoning which had governed the uses to which the property might be put prior to its annexation as a result of any action by the Louisville and Jefferson County Planning and Zoning Commission. Any use permitted by the zoning regulations of the Louisville and Jefferson County Planning and Zoning Commission, applicable to the property, prior to any such annexation to the city, shall be permitted subsequent to any such annexation.
(Ord. 31, Series 1963, passed 5-20-1963)
TABLE II: ANNEXATIONS
| Ord. No. | Date Passed | Description |
| 3, Series 1960 | 8/15/1960 | Proposing an annex of land |
| 4, Series 1960 | 8/15/1960 | Proposing an annex of land |
| 6, Series 1960 | 9/19/1960 | Annexing land |
| 7, Series 1960 | 9/19/1960 | Annexing land |
| 14, Series 1961 | 8/21/1961 | Proposing an annex of land |
| 15, Series 1961 | 8/21/1961 | Proposing an annex of land |
| 16, Series 1961 | 9/21/1961 | Proposing an annex of land |
| 17, Series 1961 | 9/21/1961 | Annexing land |
| 21, Series 1962 | 6/18/1962 | Proposing an annex of land |
| 22, Series 1962 | 7/19/1962 | Annexing land |
| 23, Series 1962 | 8/20/1962 | Proposing an annex of land |
| 24, Series 1962 | 8/20/1962 | Proposing an annex of land |
| 25, Series 1962 | 1962 | Annexing land |
| 26, Series 1962 | 9/20/1962 | Annexing land |
| 27, Series 1962 | 10/15/1962 | Proposing an annex of land |
| 29, Series 1962 | 11/19/1962 | Proposing an annex of land |
| 30, Series 1962 | 12/22/1962 | Annexing land |
| 32, Series 1963 | 6/17/1963 | Proposing an annex of land |
| 34, Series 1963 | 7/18/1963 | Annexing land |
| 49, Series 1966 | 4/18/1966 | Annexing land |
| 50, Series 1966 | 5/26/1966 | Annexing land |
| 61, Series 1967 | 9/18/1967 | Proposing an annex of land |
| 72, Series 1969 | 5/20/1969 | Annexing land |
| 121, Series 1979 | 9/17/1979 | Annexing land |
| 123, Series 1979 | 10/15/1979 | Proposing an annex of land |
| 124, Series 1979 | 10/15/1979 | Proposing an annex of land |
| 125, Series 1979 | 11/19/1979 | Repealing part of Ord. 124, Series 1979 |
| 150, Series 1983 | 1983 | Proposing an annex of land |
| 151, Series 1983 | 6/20/1983 | Proposing an annex of land |
| 153, Series 1983 | 8/30/1983 | Annexing land |
| 157, Series 1983 | 8/30/1983 | Annexing land |
TABLE I: FRANCHISES AND AGREEMENTS
|
Ord. No. |
Date Passed |
Description |
|
8, Series 1960 |
9-19-1960 |
Construction franchise between the city and a company |
|
B |
8-21-1971 |
Street resurfacing agreement between the city and K.A. Barker Construction Company, Inc. |
|
B |
- -1979 |
Adopting and approving the contract between the city and Jefferson County |
|
118, Series 1979 |
8-20-1979 |
Cable television franchise |
|
130, Series 1980 |
5-19-1980 |
Cable television franchise between the city and Storer Communications of Jefferson County, Inc. |
|
Res. B |
3-16-1981 |
Ratifying contract between the city and the City of Rolling Hills for police services |
|
1, Series 1981 |
4-20-1981 |
Execution of an interlocal agreement between the city and Rolling Hills |
|
244, Series 1994 |
7-25-1994 |
Agreement for sale of sewer plant properties |
|
246, Series 1994 |
11-28-1994 |
Interlocal agreement between the city and Graymoor-Devondale for police patrols |
|
273, Series 1997 |
11-24-1997 |
Renewal and amendment of community antenna television franchise agreement with TCI TKR of Jefferson County, Inc. |
|
Res. 1, Series 2000-2001 |
7-24-2000 |
Approval of interlocal agreement between the city and Graymoor-Devondale for police patrols |
|
Res. B |
7-22-2002 |
Cooperation agreement between the city and Jefferson County relating to The Housing and Community Development Act of 1974 |
|
Ord. 4, Series 2005 |
7-14-2005 |
Establishing terms for certain franchises |
REFERENCES TO KENTUCKY REVISED STATUTES
|
KRS Cites |
Code Section |
|
KY Const. ' 43 |
33.04 |
|
6.050 |
32.48 |
|
6.955 to 6.975 |
33.04 |
|
18A.225 |
113.03 |
|
41.240(4) |
33.05 |
|
42.450 to 42.495 |
33.04 |
|
Ch. 61 |
32.21 |
|
61.810 |
36.23 |
|
61.880(1) |
34.16 |
|
61.870 - 61.883 |
31.36 |
|
61.870 |
34.01 |
|
61.870 et seq. |
36.26 |
|
61.872-61.884 |
36.10 |
|
61.870 - 61.884 |
34.17 |
|
61.872(4) |
34.06 |
|
61.872(5) |
34.07 |
|
61.872(6) |
34.08 |
|
61.874(1) - (3) |
34.12 |
|
61.874(3), (4) |
34.13 |
|
61.874(5) |
34.14 |
|
61.874(6) |
34.14 |
|
61.878 |
34.01, 34.16 |
|
61.878(1) |
34.16 |
|
61.880 |
34.09 |
|
61.880(1) |
34.16 |
|
61.884 |
34.11 |
|
62.060 |
31.01 |
|
65.120 |
Ch. 72 |
|
66.660 |
91.06 |
|
82.082 |
36.03 |
|
Ch. 83A |
31.20 |
|
83A.010(3) |
10.02 |
|
83A.010(6) |
10.02 |
|
83A.010(8) |
10.02 |
|
83A.030(1) |
30.02 |
|
83A.040(1), (2), (6) |
31.21 |
|
83A.040(2)(c) |
31.21 |
|
83A.040(2)(d) |
31.21 |
|
83A.040(3) |
31.21 |
|
83A.040(4) |
32.01 |
|
83A.040(5) |
32.02 |
|
83A.040(6) |
32.02 |
|
83A.040(7) |
31.21, 32.02 |
|
83A.040(8) |
31.21, 32.02 |
|
83A.040(9) |
31.03 |
|
83A.050 |
31.20 |
|
83A.060 |
36.28 |
|
83A.060(1) |
32.35 |
|
83A.060(2) |
32.36 |
|
83A.060(3) |
32.37 |
|
83A.060(4), (7) |
32.38 |
|
83A.060(5) |
32.40 |
|
83A.060(6) |
32.22 |
|
83A.060(8) |
32.41, 32.42 |
|
83A.060(9) |
32.43 |
|
83A.060(10) |
32.44 |
|
83A.060(11) |
32.45 |
|
83A.060(12), (13) |
32.45 |
|
83A.060(14) |
32.47 |
|
83A.060(15) |
32.48 |
|
83A.070 |
31.02 |
|
83A.075 |
31.02 |
|
83A.080 |
31.35, 36.04 |
|
83A.080(1), (3) |
31.35 |
|
83A.080(3) |
31.03 |
|
83A.080 (4), (5) |
31.20 |
|
83A.085(3)(d) |
31.36 |
|
83A.087 |
31.38 |
|
83A.090 |
10.18 |
|
83A.130 |
31.21 |
|
83A.130(1) |
30.01 |
|
83A.130(2) |
30.02 |
|
83A.130(3) |
31.21 |
|
83A.130(4) |
31.21 |
|
83A.130(5) |
32.20 |
|
83A.130(6) |
32.39 |
|
83A.130(7) |
31.21 |
|
83A.130(8) |
31.21 |
|
83A.130(9) |
31.21 |
|
83A.130(10) |
31.21 |
|
83A.130(11) |
32.03, 32.21 |
|
83A.130(12) |
32.03 |
|
83A.130(13) |
32.03 |
|
83A.175 |
32.02 |
|
91A.010 |
33.01 |
|
91A.010(8) |
10.02 |
|
91A.020 |
33.02 |
|
91A.030 |
33.03 |
|
91A.040 |
33.04 |
|
91A.050 |
33.04 |
|
91A.060 |
33.05 |
|
91A.080(2) |
113.02 |
|
91A.080(8) |
113.04, 113.05 |
|
91A.080(6) - (11) |
113.03 |
|
91A.080(9) |
113.04 |
|
91A.080(10) |
113.03 |
|
91A.080(13) |
113.03 |
|
91A.200 |
33.11 |
|
91A.210 |
33.10 |
|
91A.220 |
33.11 |
|
91A.230 |
33.12 |
|
91A.240 |
33.12 |
|
91A.250 |
33.14 |
|
91A.260 |
33.15 |
|
91A.270 |
33.16 |
|
91A.280 |
33.17 |
|
91A.290 |
33.18 |
|
92.310 |
110.04 |
|
Ch. 107 |
33.11 |
|
Ch. 116 - 121 |
31.20 |
|
131.010(6) |
113.04 |
|
132.285 |
35.01 |
|
134.800 |
35.04 |
|
134.810 |
35.04 |
|
Ch. 154 |
34.16 |
|
174.100 |
91.15 |
|
174.100(1) |
91.15 |
|
174.100(2), (3) |
91.17 |
|
174.100(4) |
91.18 |
|
174.100(5) |
91.19 |
|
174.100(6), (7) |
91.20 |
|
177.830 through 177.890 |
151.35 |
|
178.290 |
91.06 |
|
186.042 |
72.14 |
|
189.020 |
71.27 |
|
189.290 |
71.25 |
|
189.330(8) |
71.02 |
|
189.338 |
70.15 |
|
189.450(5), (6) |
72.03 |
|
189.580 |
71.15 |
|
189.725 |
72.08 |
|
189.930 |
71.25 |
|
189.990(1) |
72.99 |
|
189.993(8) |
71.99 |
|
Ch. 198B |
150.02 |
|
198B.070 |
150.02 |
|
198B.990(1) |
150.99 |
|
226.010 |
112.01 |
|
226.020 |
112.02 |
|
226.030 |
112.07 |
|
226.040 |
112.03 |
|
226.050 |
112.04 |
|
226.060 |
112.08 |
|
226.070 |
112.03 |
|
226.080 |
112.05 |
|
226.090 |
112.06 |
|
226.100 |
112.08 |
|
226.990(1) |
112.99 |
|
226.990(3) |
112.99 |
|
227.700 |
93.01 |
|
227.702 |
93.01 |
|
227.704 |
93.01 |
|
227.706 |
93.01 |
|
227.708 |
93.01 |
|
227.710 |
93.02 |
|
227.715 |
93.03 |
|
227.715(3) - (6) |
93.03 |
|
227.720 |
93.04 |
|
227.730 |
93.05 |
|
227.750 |
93.06 |
|
227.990(1) |
150.99 |
|
227.990(4) |
93.99 |
|
257.100 |
90.06 |
|
257.100(4) |
90.01 |
|
Ch. 258 |
90.24 |
|
Ch. 281 |
72.21 |
|
304.17B-005 |
113.03 |
|
318.990 |
150.99 |
|
376.275(1), (2) |
72.21 |
|
376.275(3) |
72.22 |
|
381.770 |
92.18 |
|
Ch. 424 |
32.43, 33.04, 33.14, 33.15 |
|
424.190(2) |
33.04 |
|
424.220 |
33.04 |
|
436.600 |
90.99 |
|
436.600 |
90.04 |
|
446.010(1) |
10.02 |
|
446.010(2) |
10.02 |
|
446.010(6) |
10.02 |
|
446.010(7) |
10.02 |
|
446.010(8) |
10.02 |
|
446.010(9) |
10.02 |
|
446.010(10) |
10.02 |
|
446.010(11) |
10.02 |
|
446.010(12) |
10.02 |
|
446.010(13) |
10.02 |
|
446.010(14) |
10.02 |
|
446.010(18) |
10.02 |
|
446.010(20) |
10.02 |
|
446.010(21) |
10.02 |
|
446.010(22) |
10.02 |
|
446.010(24) |
10.02 |
|
446.010(25) |
10.02 |
|
446.010(27) |
10.02 |
|
446.010(29) |
10.02 |
|
446.010(30) |
10.02 |
|
446.010(33) |
10.02 |
|
446.010(35) |
10.02 |
|
446.010(36) |
10.02 |
|
446.010(38) |
10.02 |
|
446.020(1) |
10.03 |
|
446.020(2) |
10.03 |
|
446.030 |
10.04 |
|
446.050 |
10.05 |
|
446.060 |
10.06 |
|
446.080(1) |
10.03 |
|
446.080(3) |
10.03 |
|
446.080(4) |
10.03 |
|
446.090 |
10.07 |
|
446.100 |
10.08 |
|
446.110 |
10.09 |
|
446.140 |
10.01 |
|
525.125 |
90.03 |
|
525.130 |
90.03, 90.99 |
|
Ord. No. |
Date Passed |
Code Section |
|
‑ |
‑ ‑ |
33.30B33.32 |
|
3, Series 1960 |
8‑15‑1960 |
TSO Table II |
|
4, Series 1960 |
8‑15‑1960 |
TSO Table II |
|
6, Series 1960 |
9‑19‑1960 |
TSO Table II |
|
7, Series 1960 |
9‑19‑1960 |
TSO Table II |
|
8, Series 1960 |
9‑19‑1960 |
TSO Table I |
|
14, Series 1961 |
8‑21‑1961 |
TSO Table II |
|
15, Series 1961 |
8‑21‑1961 |
TSO Table II |
|
16, Series 1961 |
9‑21‑1961 |
TSO Table II |
|
17, Series 1961 |
9‑21‑1961 |
TSO Table II |
|
21, Series 1962 |
6‑18‑1962 |
TSO Table II |
|
22, Series 1962 |
7‑19‑1962 |
TSO Table II |
|
23, Series 1962 |
8‑20‑1962 |
TSO Table II |
|
24, Series 1962 |
8‑20‑1962 |
TSO Table II |
|
25, Series 1962 |
‑ ‑1962 |
TSO Table II |
|
26, Series 1962 |
9‑20‑1962 |
TSO Table II |
|
27, Series 1962 |
10‑15‑1962 |
TSO Table II |
|
29, Series 1962 |
11‑19‑1962 |
TSO Table II |
|
30, Series 1962 |
12‑22‑1962 |
TSO Table II |
|
31, Series 1963 |
5‑20‑1963 |
153.01 |
|
32, Series 1963 |
6‑17‑1963 |
TSO Table II |
|
33, Series 1963 |
7‑15‑1963 |
71.28, 71.99 |
|
34, Series 1963 |
7‑18‑1963 |
TSO Table II |
|
43 |
9‑20‑1965 |
70.06, 70.99 |
|
49, Series 1966 |
4‑18‑1966 |
TSO Table II |
|
50, Series 1966 |
5‑26‑1966 |
TSO Table II |
|
61, Series 1967 |
9‑18‑1967 |
TSO Table II |
|
72, Series 1969 |
5‑20‑1969 |
TSO Table II |
|
76, Series 1976 |
3‑16‑1970 |
92.03, 92.99 |
|
B |
8‑21‑1971 |
TSO Table I |
|
91, Series 1974 |
8‑19‑1974 |
92.01 |
|
95, Series 1975 |
‑ ‑ |
73.99 |
|
95, Series 1975 |
3‑17‑1975 |
70.07 |
|
96, Series 1975 |
3‑17‑1975 |
36.01 |
|
104, Series 1976 |
7‑19‑1976 |
92.02, 92.99 |
|
B |
‑ ‑1979 |
TSO Table I |
|
‑ |
8‑13‑1979 |
152.01B152.12 |
|
118, Series 1979 |
8‑20‑1979 |
TSO Table I |
|
121, Series 1979 |
9‑17‑1979 |
TSO Table II |
|
123, Series 1979 |
10‑15‑1979 |
TSO Table II |
|
124, Series 1979 |
10‑15‑1979 |
TSO Table II |
|
125, Series 1979 |
11‑19‑1979 |
TSO Table II |
|
130, Series 1980 |
5‑19‑1980 |
TSO Table I |
|
1, Series 1981 |
4‑20‑1981 |
TSO Table I |
|
150, Series 1983 |
‑ ‑1983 |
TSO Table II |
|
151, Series 1983 |
6‑20‑1983 |
TSO Table II |
|
153, Series 1983 |
8‑30‑1983 |
TSO Table II |
|
157, Series 1983 |
8‑30‑1983 |
TSO Table II |
|
159, Series 1984 |
3‑19‑1984 |
72.13, 72.99 |
|
166, Series 1984 |
‑ ‑ |
72.14, 72.99 |
|
191 |
3‑12‑1990 |
32.21 |
|
244, Series 1994 |
7-25-1994 |
TSO Table I |
|
246, Series 1994 |
11-28-1994 |
TSO Table I |
|
248, Series 1994 |
12-19-1994 |
36.01B36.28, 36.99 |
|
273, Series 1997 |
11-24-1997 |
TSO Table I |
|
3, Series 2003‑2004 |
10‑9‑2003 |
92.15B92.19, 92.99 |
|
4, Series 2003‑2004 |
10‑9‑2003 |
31.38 |
|
6, Series 2003‑2004 |
10‑9‑2003 |
31.37 |
|
7, Series 2003‑2004 |
3‑11‑2004 |
93.35B93.38, 93.99 |
|
4, Series 2005 |
7-14-2005 |
TSO Table I |
|
5, Series 2005-2006 |
9-8-2005 |
110.20 - 110.32, 110.99 |
|
6, Series 2005-2006 |
12-8-2005 |
110.20 - 110.32, 110.99 |
|
3, Series 2006-2007 |
11-9-2006 |
90.23, 90.24 |
|
3, Series 2007-2008 |
8-9-2007 |
150.01 |
|
4, Series 2007-2008 |
4-10-2008 |
73.01 - 73.04 |
|
5, Series 2007-2008 |
5-8-2008 |
95.01 - 95.04, 95.99 |
|
Res. No. |
Date Passed |
Code Section |
|
- |
3-16-1981 |
TSO Table I |
|
1, Series 2000-2001 |
7-24-2000 |
TSO Table I |
|
- |
7-22-2002 |
TSO Table I |
ACCIDENTS
Accident report, 71.16
Duty of operator, 71.15
AGREEMENTS, TSO Table I
ANIMALS
Abandoning domestic animals prohibited, 90.05
Animals running at large, 90.02
Cruelty to animals in the second degree, 90.03
Definitions, 90.01
Destruction of abandoned and suffering animal, 90.06
Dogs
Definition, 90.15
Dogs running at large, 90.19
Impoundment, 90.21
License required, 90.16
License tag to be attached to dog, 90.18
Noise disturbance, 90.20
Reclaiming impounded dog, 90.22
Registration and issuance of license, 90.17
Dyeing or selling dyed chicks or rabbits, 90.04
Penalty, 90.99
ANNEXATIONS, 153.01, TSO Table II
BACKING VEHICLES, 71.03, 71.99
BICYCLES AND MOTORCYCLES
Impounding bicycles, 73.04
Motorized bicycle; scooter, and the like, 73.03
Operation of bicycles, 73.01
Safety equipment, 73.02
BLASTING PERMIT, 93.20, 93.99
BOARD OF ETHICS, 36.20
BOATS, 70.06
BUILDING REGULATIONS; CONSTRUCTION
Adoption of Kentucky Building Code and Standards of Safety; enforcement
agents, 150.01
Application, 150.02
Penalty, 150.99
BUSES AND TRUCKS, 72.13
BUSINESS LICENSE FEES, (See LICENSING PROVISIONS)
CITATION OFFICERS, 31.38
CITY CLERK, 31.36
CITY COUNCIL
Members; election, qualifications, compensation, 32.01
Powers and duties, 32.03
Rules of Procedure
Mayor as Presiding Officer, 32.20
Meetings, 32.21
Quorum, 32.22
Vacancies, 32.02
CITY OFFICIALS
Compensation, 31.02
Oath; bond, 31.01
Removal from office, 31.03
CITY TREASURER, 31.37
CODE CONSTRUCTION; GENERAL PENALTY
Amendments to code; amendatory language, 10.14
Computation of time, 10.04
Conflicting provisions, 10.15
Construction of section references, 10.10
Definitions, 10.02
Errors and omissions, 10.17
General penalty, 10.99
Historical and statutory references, 10.18
Majority may act for all; authorized agent, 10.05
Ordinances repealed, 10.11
Ordinances saved, 10.13
Ordinances unaffected, 10.12
Reference to offices, 10.16
Revivor, 10.08
Rights and liabilities accruing before repeal of ordinance, 10.09
Rules of construction, 10.03
Severability, 10.07
Short titles, 10.01
Writings and signatures, 10.06
CODE OF ETHICAL CONDUCT
Advisory actions, 36.25
Board of Ethics created, 36.20
Conflicting ordinances repealed, 36.27
Conflicts of interest in contracts, 36.06
Conflicts of interest in general, 36.05
Contents of financial interest statement, 36.17
Control and maintenance of statements of financial interest, 36.16
Definitions, 36.04
Effective date, 36.28
Filing and investigating complaints; false complaints; penalty, 36.21
Filing statements; amended statements, 36.14
Findings, 36.02
Form of statement of financial interests, 36.15
Hearing procedure, 36.23
Honoraria, 36.12
Limitation of actions, 36.24
Misuse of confidential information, 36.10
Nepotism prohibited, 36.19
Noncompliance with filing requirement; specific penalties; violation, 36.18
Notice of hearing, 36.22
Penalty, 36.99
Post-employment restriction, 36.11
Purpose and authority, 36.03
Receipt of gifts, 36.07
Representation of interests before city government, 36.09
Reprisals against persons disclosing violations prohibited, 36.26
Title, 36.01
Use of city property and equipment, 36.08
Who must file, 36.13
CONSTRUCTION
Adoption of Kentucky Building Code and Standards of Safety; enforcement
agents, 150.01
Application, 150.02
Penalty, 150.99
CURFEW
Curfew for minors, 130.02
Definitions, 130.01
Exceptions, 130.03
Parental responsibility, 130.04
Penalty, 130.99
Police procedures, 130.05
DOGS
Complaints against vicious animals, 90.24
Definition, 90.15
Dogs running at large, 90.19
Impoundment, 90.21
License required, 90.16
License tag to be attached to dog, 90.18
Noise disturbance, 90.20
Penalty, 90.99
Reclaiming impounded dog, 90.22
Registration and issuance of license, 90.17
Vicious animals prohibited; definitions, 90.23
DUMPSTERS (See TEMPORARY STORAGE UNITS AND DUMPSTERS)
ELECTED OFFICIALS
Council members, 31.22
Election procedure, 31.20
Mayor, 31.21
ETHICAL CONDUCT CODE
Advisory actions, 36.25
Board of Ethics created, 36.20
Conflicting ordinances repealed, 36.27
Conflicts of interest in contracts, 36.06
Conflicts of interest in general, 36.05
Contents of financial interest statement, 36.17
Control and maintenance of statements of financial interest, 36.16
Definitions, 36.04
Effective date, 36.28
Filing and investigating complaints; false complaints; penalty, 36.21
Filing statements; amended statements, 36.14
Findings, 36.02
Form of statement of financial interests, 36.15
Hearing procedure, 36.23
Honoraria, 36.12
Limitation of actions, 36.24
Misuse of confidential information, 36.10
Nepotism prohibited, 36.19
Noncompliance with filing requirement; specific penalties; violation, 36.18
Notice of hearing, 36.22
Penalty, 36.99
Post-employment restriction, 36.11
Purpose and authority, 36.03
Receipt of gifts, 36.07
Representation of interests before city government, 36.09
Reprisals against persons disclosing violations prohibited, 36.26
Title, 36.01
Use of city property and equipment, 36.08
Who must file, 36.13
EXCAVATIONS AND CONSTRUCTION
Application and cash deposit, 91.02
Barriers around excavations, 91.04
Opening permit required, 91.01
Penalty, 91.99
Restoration of pavement, 91.03
Sidewalk construction, 91.06
Warning lights, 91.05
FINANCIAL ADMINISTRATION
Accounting records and financial reports, 33.02
Annual audit of city funds, 33.04
Annual budget ordinance, 33.03
Definitions, 33.01
Official depositories; disbursement of city funds, 33.05
FIRE PREVENTION
Blasting permit, 93.20
Penalty, 93.99
Storage of flammables and other matter, 93.21
FIREWORKS
Bond or liability insurance requirement, 93.04
Common fireworks; restrictions on sale, 93.03
Definitions; legality of items, 93.01
Destruction of fireworks, 93.06
Exempted sales and uses, 93.05
Penalty, 93.99
Sale or use prohibited; exception for public display, 93.02
FLAMMABLES AND OTHER MATTER; STORAGE, 93.21, 93.99
FRANCHISES, TSO Table I
HAZARDOUS SUBSTANCES AND MATERIALS
Adoption of Kentucky Standards of Safety (Fire Prevention Code), 93.35
Appeal process, 93.38
Designated enforcement officer, 93.36
Penalty, 93.99
Permits and fees, 93.37
IMPOUNDING
Impoundment of vehicles authorized; redemption, 72.20
Penalty, 72.99
Required notice to owner, 72.21
Sale of vehicle, 72.22
IMPROVEMENTS
Adoption of ordinance; notice to affected owners, 33.15
Affected owner may contest, 33.16
Apportionment of cost, 33.12
Comprehensive report required, 33.13
Definitions, 33.10
Effect of additional property or change in financing, 33.18
Financing of improvements, 33.11
Public hearing required, 33.14
When city may proceed; assessment constitutes lien, 33.17
INSURANCE COMPANIES
Amount of fee for companies issuing life insurance, 113.02
Amount of fee for companies issuing policies other than life insurance, 113.03
Due date; interest, 113.04
Imposition of license fee, 113.01
Written breakdown of collections, 113.05
ITINERANT MERCHANTS
Appeal procedure, 111.07
Application procedure, 111.03
Definitions, 111.01
Exhibition of identification, 111.08
License requirement, 111.02
Penalty, 111.99
Revocation procedure, 111.05
Standards for issuance, 111.04
Standards for revocation, 111.06
LICENSING PROVISIONS
Appeal and review, 110.08
Application for license, 110.02
Business license fees
Administration, 110.31
Certificates; license year, 110.26
Consolidation, 110.25
Definitions, 110.20
Exempted activities, 110.23
Filing returns, 110.24
Levy of license fees and taxes, 110.22
Maintaining records, 110.32
Purpose, 110.21
Refunds, 110.29
Schedule of fees, 110.30
Separate licenses, 110.28
Temporary business, 110.27
Date and duration of license, 110.04
Exemptions, 110.09
License certificate to be displayed, 110.06
License not transferable, 110.05
Licenses required to engage in certain trades, businesses, or professions, 110.01
Penalty, 110.99
Revocation or suspension, 110.07
Standards; issuance of license, 110.03
LITTERING
Hauling loose material, 94.03
Litter on private property, 94.05
Penalty, 94.99
Sweeping litter into gutters, 94.04
Throwing litter from vehicle, 94.01
Tracking foreign matter on streets, 94.02
MASTER STREET PLAN, 70.07
MAYOR-COUNCIL FORM OF GOVERNMENT
Form of government, 30.01
Governing officers, 30.02
MINIMUM HOUSING STANDARDS
Electrical facilities, 152.03
Garbage and rubbish disposal facilities, 152.06
General maintenance, 152.08
Heat and heating equipment, 152.02
Kitchen and bathroom equipment and facilities, 152.01
Light and ventilation, 152.04
Means of access and egress, 152.05
Notice, 152.12
Protection from insects, rodents and pests, 152.07
Responsibility, 152.09
Transfer of responsibility, 152.10
Violation, 152.11
NONELECTED CITY OFFICIALS
Citation Officers, 31.38
City Clerk, 31.36
City Treasurer, 31.37
Establishment of nonelected city offices, 31.35
NUISANCES
Damage or destruction of public property, 92.03
Maintenance of property, 92.02
Nuisances
Abatement procedure, 92.18
Certain conditions declared a nuisance, 92.17
Common law and statutory nuisances, 92.16
Definitions, 92.15
Nuisance created by others, 92.19
Penalty, 92.99
Trees, shrubs and other growth, 92.01
OBSTRUCTING TRAFFIC, 71.01, 71.99
OBSTRUCTIONS
Materials on street or sidewalk, 91.32
Penalty, 91.99
Removal of ice and snow, 91.33
Street and sidewalk obstruction, 91.31
Unloading on street or sidewalk, 91.30
ORDINANCES
Additional requirements for adoption may be established by city, 32.44
Adoption of standard codes by reference, 32.40
Approval, disapproval by Mayor, 32.39
Form of amendment, 32.37
Indexing and maintenance requirements, 32.42
Introduction; enacting clause, 32.36
Legislative immunity, 32.48
Municipal orders, 32.46
Official city records, 32.41
One subject; title, 32.35
Periodic review required, 32.45
Proved by Clerk; received in evidence, 32.47
Publication requirements, 32.43
Reading requirement; exception for emergency, 32.38
PARADES
Alternative permit, 71.46
Appeal procedure when permit denied, 71.45
Application for permit, 71.42
Contents of permit, 71.48
Definitions, 71.40
Duties of permittee, 71.49
Notice of rejection of permit, 71.44
Notice to city and other officials when permit issued, 71.47
Penalty, 71.99
Permit required, 71.41
Public conduct during parades, 71.50
Revocation of permit, 71.51
Standards for issuance of permit, 71.43
PARKING REGULATIONS GENERALLY
Buses and trucks, 72.13
Display of parked vehicle for sale, 72.11
Limitations of stopping and parking, 72.03
Manner of parking, 72.02
Obstructional parking; double parking, 72.01
Owner responsibility, 72.09
Parking for aging and handicapped, 72.14
Parking in excess of certain number of hours prohibited; towing authorized, 72.06
Parking in parks, 72.10
Parking on off-street facility, 72.08
Parking on parade route, 72.07
Parking restricted to allow street cleaning, 72.05
Parking with handicapped permits, 72.12
Penalty, 72.99
Restrictions and prohibitions on designated streets, 72.04
PAWNBROKERS
Bond, 112.02
Definitions, 112.01
Enforcement, 112.08
Maximum interest, resale price, 112.05
Penalty, 112.99
Prohibited activities, 112.07
Receipt to be given for each article; sale of article, 112.04
Receipt to be given for payment of loan, 112.06
Register to be kept; daily reports, 112.03
PEDDLERS
Appeal procedure, 111.07
Application procedure, 111.03
Definitions, 111.01
Exhibition of identification, 111.08
License requirement, 111.02
Penalty, 111.99
Revocation procedure, 111.05
Standards for issuance, 111.04
Standards for revocation, 111.06
PUBLIC RECORDS
Definitions, 34.01
Procedures for Requesting Public Records
Access to records relating to particular individual, 34.11
Concealing or destroying records prohibited, 34.10
Fees for copies, 34.13
Format of copies, 34.12
Initial request with immediate inspection, 34.05
Misstatement of purpose prohibited, 34.14
Notification of the Attorney General, 34.17
Online access to public records in electronic form, 34.15
Public records not immediately available, 34.07
Public records protected from disclosure, 34.16
Referral to proper custodian, 34.06
Refusal of unreasonable requests, 34.08
Time limitation; denial of inspection, 34.09
RESTRICTED PARKING, Ch. 75, Sch. I
REVERSE OR U TURNS, 71.02, 71.99
ROAD AND BRIDGE PROJECTS
Exemptions from hearing requirement, 91.20
Hearing to be held prior to construction, 91.18
Notice requirements, 91.16
Penalty, 91.99
Public hearing required, 91.15
Public may testify; effect of testimony, 91.17
Separate hearing for each project not required, 91.19
SIGNS
Administration and Enforcement
Notice; removal, 151.56
Permits not issued for signs not in compliance, 151.55
Definitions, 151.04
Penalty, 151.99
Permits
Annual inspection, 151.19
Application, 151.16
Exemptions, 151.21
Issuance, 151.17
Permit fee, 151.18
Permits required, 151.15
Revocation of permit, 151.20
Protection of first amendment rights, 151.03
Purpose, 151.02
Requirements and Regulations
Business signs, 151.38
Construction requirements, 151.36
General requirements, 151.35
Maintenance, 151.39
Obscene signs, 151.42
Obstructions to doors, windows or fire escapes, 151.40
Prohibited signs, 151.43
Residential/office signs, 151.37
Unsafe signs, 151.41
Short title, 151.01
SNOW EMERGENCY
Announcement of snow emergency, 72.35
Penalty, 72.99
Snow emergency routes, 72.37
Termination of emergency, 72.36
SOLICITORS
Appeal procedure, 111.07
Application procedure, 111.03
Definitions, 111.01
Exhibition of identification, 111.08
License requirement, 111.02
Penalty, 111.99
Revocation procedure, 111.05
Standards for issuance, 111.04
Standards for revocation, 111.06
STOP INTERSECTIONS, Ch. 74, Sch. I
STREETS AND SIDEWALKS
Excavations and construction
Application and cash deposit, 91.02
Barriers around excavations, 91.04
Opening permit required, 91.01
Restoration of pavement, 91.03
Sidewalk construction, 91.06
Warning lights, 91.05
Obstructions
Materials on street or sidewalk, 91.32
Removal of ice and snow, 91.33
Street and sidewalk obstruction, 91.31
Unloading on street or sidewalk, 91.30
Penalty, 91.99
Road and Bridge Projects
Exemptions from hearing requirement, 91.20
Hearing to be held prior to construction, 91.18
Notice requirements, 91.16
Public hearing required, 91.15
Public may testify; effect of testimony, 91.17
Separate hearing for each project not required, 91.19
TAXATION
Ad valorem taxes on motor vehicles, 35.04
County assessment adopted, 35.01
Delinquency, 35.03
Disposition of funds, 35.05
Due date; payment, 35.02
TEMPORARY STORAGE UNITS AND DUMPSTERS
Definitions, 95.01
Exceptions, 95.04
Penalties, 95.05
Permit application process, 95.03
Regulations, 95.02
TRAFFIC PROHIBITIONS
Gross weight of trucks, 71.28
Operator of vehicle to drive carefully, 71.25
Penalty, 71.99
Right-of-way of emergency vehicles; following emergency vehicles; driving over
fire hose, 71.26
Smoke emission or other nuisance, 71.27
TRAFFIC PROVISIONS GENERALLY
Authority for enforcement, 70.04
Boat operations, 70.06
Definitions, 70.01
General penalty, 70.99
Master street plan, 70.07
Powers and duties of city or Mayor, 70.03
Required obedience to traffic directions, 70.02
Temporary regulations, 70.05
TRAFFIC-CONTROL DEVICES
Device to be legible and in proper position, 70.20
Establishment and maintenance of traffic-control devices, 70.16
General penalty, 70.99
Interference with signals, 70.18
Obedience to signals, 70.17
Signal legends, 70.15
Temporary disregard of devices by police officers, 70.21
Unauthorized signals or markings, 70.19
TRUCKS AND BUSES, 72.13
VEHICLES CROSSING SIDEWALKS, 71.04, 71.99
YIELD INTERSECTIONS, Ch. 74, Sch. II
ZONING, 153.01