|
TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
Chapter
10. RULES OF CONSTRUCTION; GENERAL PENALTY
TITLE III:
ADMINISTRATION
30. MAYOR, CITY
COMMISSION, AND
CITY OFFICIALS
31. POLICE AND
FIRE DEPARTMENTS
32. PUBLIC RECORDS
TITLE V: PUBLIC HEALTH AND SAFETY
50 FIRE
PREVENTION
51. WATER AND
SEWERS
52. TRAFFIC CODE
53. STREETS AND
SIDEWALKS
54. CURFEW FOR JUVENILES
TITLE VII: REGULATION OF BUSINESSES AND TRADES
70. OCCUPATIONAL LICENSE FEE
71. ADVERTISING
72. PEDDLERS, ITINERANT MERCHANTS, AND
SOLICITORS
TITLE IX:
GENERAL REGULATIONS
90. ANIMALS
91. LITTER CONTROL
92. NUISANCES
93. DUMPSTER REQUIRED
94. HAZARDOUS SUBSTANCE(S)
TITLE XI:
TAXATION AND
OTHER FISCAL MATTERS
110. FINANCIAL ADMINISTRATION
111. IMPROVEMENTS
AND
SPECIAL ASSESMENTS
112. GENERAL TAXATION
113. LICENSE TAX ON INSURANCE COMPANIES
114. BANK FRANCHISE AND LOCAL DEPOSIT TAX
115. TAXATION OF ABANDONED URBAN PROPERTIES
TITLE XIII:
COMMUNTIY DEVELOPMENT
130. COMPREHENSIVE
PLAN, ZONING REGULATIONS,
AND
SUBDIVISION REGULATION
131. BUILDING REGULATIONS
132. UNSAFE STRUCTURES
133. DISPLAY OF STREET ADDRESSES
133A.ENHANCED 911 ADDRESSING PLAN
134. SMOKE DETECTORS
135. PAVING OFF STREET PARKING
138. ENTRANCE LIGHTING SYSTEMS
140. PRESERVATION BOARD
TITLE I:
GENERAL PROVISIONS
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10.11 ORDINANCES REPEALED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 PENALTY
§ 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
New Castle Code, for which designation 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 such 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
New Castle
irrespective of its population or legal classification.
"COMMISSION."
The City Commission. (KRS 83A.010 (3))
"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))
"COUNTY."
Henry
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, 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 Commission. (KRS 83A.010 (6))
"FEDERAL."
Refers to the
United States.
(KRS 446.010 (13))
"FOREIGN."
When applied to corporations, 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 Commission. (KRS 91A.010 (7))
"LEGISLATIVE BODY MEMBER."
A City Commissioner. (KRS 83A.010 (7))
"MAY."
The act referred to is permissive. (KRS
446.010 (20))
"MONTH."
Calendar month. (KRS 446.010 (21))
"MUNICIPALITY."
The City of New
Castle,
Kentucky.
"OATH."
Includes "AFFIRMATION" in all
cases in which an affirmation may be substituted for an oath.
(KRS 446.010 (22))
"PEACE OFFICER."
Includes sheriffs, constables, coroners, jailers,
metropolitan correctional officers, marshals, policemen, and other
persons with similar authority to make arrests.
(KRS 446.010 (24))
"PERSON."
May extend and be applied to bodies-politic and corporate,
societies, communities, the public generally, individuals,
partnerships, and joint stock companies. (KRS
446.010 (26))
"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 (28))
"SHALL."
The act referred to is mandatory. (KRS 446.010 (29))
"SWORN."
Includes "AFFIRMED" in all cases in which an
affirmation may be substituted for an oath. (KRS
446.010 (32))
"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 an
underlined 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.
"TENANT"
or "OCCUPANT." As applied to premised,
includes any person holding a written or oral lease, or who actually
occupies the whole or any part of such premises, alone or with
others.
"VACANCY IN OFFICE."
Such as exists when there is an unexpired part
of a term of office without a lawful incumbent therein, or 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, or district,
or otherwise. (KRS 446.010 (34))
"VIOLATE." Includes
failure to comply with. (KRS 446.010 (35))
"YEAR" Calendar year.
(KRS 446.010 (37))
§ 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 one person or
thing, and a word importing the plural number only may extend and be
applied to one 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
Commission.
(KRS 446.080 (1))
(D) Retroactivity. No
ordinance shall be constructed 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 such
others as may have acquired a peculiar and appropriate meaning in
the law, shall be construed according to such 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
seven 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 one 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,
such reasonable time or notice shall mean the time only as may be
necessary for the prompt performance of such duty or compliance with
such notice.
§ 10.05 MAJORITY MAY
ACT FOR ALL; AUTHORIZED
AGENT.
(A) Words giving authority to three or more
public officers or other persons shall be constructed as giving such
authority to a majority of such 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,
such requirement shall be construed to include such 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 Commission 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 Commission 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 Commission. (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
Commission.
(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 Commission 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 Commission 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 Commission as long as the repealing
ordinance takes effect prior to the effective date of the original
amendment.
(E) No other action of City Commission 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 such 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 such proceedings.
If any penalty, forfeiture, or punishment is mitigated by any
provision of the new ordinance, such 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 section,
such 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 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 or 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 Commission, 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 such 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
such subsequent ordinances until City Commission shall adopt a new
code of ordinances.
(B) The method of amendment set forth in 30.82
should be used by the city to amend, add, or repeal a chapter,
section, or division of this code of ordinances.
§ 10.15 CONFLICTION PROVISIONS.
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.
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, officer, position of employment or
employee shall be deemed to apply to any office, officer, position
of employment or employee of the city exercising the powers, duties,
or functions contemplated in the provisions of any ordinance,
resolution, order, or policy of the city, irrespective of any
transfer of functions or change in the official title of such
officer of employee.
(Am.Ord.94-10, passed
11-16-94)
§ 10.17 ERRORS AND
OMISSIONS.
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. No alteration shall be
made or permitted if any question exists regarding the nature or
extent of such error.
§ 10.18 HISTORICAL
AND
STATUTORY REFERENCES.
(A) As histories for the code section, the
specific number and passage date of the original ordinance, and the
most recent three amending ordinances, if any, are listed following
the text of the code section. Example: (Ord. 10,
passed 5-13-60;
Am. Ord. 15 passed
1-1-70;
Am. Ord. 20, passed
1-1-80; Am. Ord. 25, passed
1-1-85)
(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)
(Ord. 10, passed
1-17-80; Am. Ord. 20, passed
1-1-85). 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:
§ 31.10 MAYOR.
The executive authority of the city shall be vested in and exercised
by the Mayor.
(Ord. 10, passed
1-1-80)
Statutory reference:
For powers and duties of the Mayor,
see KRS 83A.130
§ 10.99 GENERAL PENALTY.
Where an act or omission is prohibited or declared unlawful in this
code of ordinances, and no penalty of fine or imprisonment is
otherwise provided, the offender shall be fined not more than $500
for each offense or violation.
TITLE III:
ADMINISTRATION
Chapter
30. MAYOR,
CITY COMMISSION, AND
CITY
OFFICIALS
31. POLICE
AND FIRE
DEPARTMENTS
32. PUBLIC RECORDS
CHAPTER 30: MAYOR,
CITY
COMMISSION, AND
CITY OFFICIALS
Section
Form of Government
30.01 Form of government
30.02 Governing officers
Elected Officers
30.20 Election procedure
30.21 Mayor; Mayor Pro Tem
30.22 Commissioners
30.23 Commission vacancies
30.24 Powers and duties of commissioners
30.25 Oath; bond
30.26 Compensation
30.27 Removal from office
Rules of Procedure
30.40 Mayor as Presiding Officer
30.41 Meetings
30.42 Quorum
Non-elected City Officials
30.60 Establishment of non-elected city offices
30.61 City Clerk-Treasurer/Tax Collector
30.62 City Attorney
30.63 Superintendent of Sewer and Water
Ordinances
30.80 One subject; title
30.81 introduction; enacting clause
30.82 Form of amendment
30.83 Reading requirement; exception for
emergency
30.84 Adoption of standard codes by references
30.85 Official city records
30.86 Indexing and maintenance requirements
30.87 Publication requirements
30.88 Additional requirements for adoption may
be established by city
30.89 Periodic review required
30.90 Municipal orders
30.91 Proved by City Clerk-Treasurer/Tax
Collector; received in evidence
30.92 Legislative immunity
FORM OF GOVERNMENT
§ 30.01 FORM OF
GOVERNMENT
The form of government provided in this chapter shall be known as
the "Commission Plan." (KRS 83A.140 (1))
§ 30.02 GOVERNING OFFICERS.
(A) The city shall be governed by an elected officer who shall be
called Mayor and by elected legislative body members who shall be
called City Commissioners and which together shall be know as the
City Commission and by such other officers and employees as may be
provided for by statute or city ordinance. (KRS
83A.140 (2))
(B) The City Commission shall be composed of the Mayor and four
Commissioners. (KRS 83A.030 (2))
§ 30.03 Administrative Service Functions
(A) Pursuant to KRS 83A.140(6), the administrative and service
functions of the city shall be classified under five (5)
departments. The departments shall be known as: Administration,
Community Development, Finance, Public Safety and Public Works. The
functions of each department shall be set forth in this chapter.
(B) Subject to the budget therefore and the legislative, executive,
and administrative authority of the City Commission and all other
laws and regulations of any governmental agency having jurisdiction,
the directors of the departments established under this subchapter
shall have the duty and responsibility for the general operation of
the department which he or she directs and of the organization and
supervision of
the use of all funds, services, labor, equipment, and material
provided by the City Commission to accomplish the functions
described herein.
(C) The duty and responsibility of the directors of these
departments shall be to serve as a liaison between the City
Commission and the department, which he or she directs. Each
director shall report verbally t the Commission once a month as to
condition of his regard to the manner in which the functions of
these respective departments are being accomplished shall be
provided.
(D) The duties and responsibilities of the employees of each
department established under this ordinance shall be to accomplish
the work assigned to them by the head of the department in which
they are employed or any authorized delegate thereof, but subject to
the legislative, executive, and administrative authority of the City
Commission and the laws and regulations of any other governmental
agency having jurisdiction.
(E) There is hereby established the following departments:
(1) The function of the Administration
Department shall be:
(a) To administer and enforce the ordinances, regulations and
policies of
the city pertaining to city employees, including the City’s
Personnel Policies and Procedures manual ;
(b) To review the city’s
personnel code on a frequent basis and to make
recommendations to the
Commission pertaining thereto;
(C) To act as liaison between
the employees and the Commission
regarding any
suggestions or complaints brought by an employee;
(D) To address issues which
may arise in connection with the city’s
personnel code and to
investigate any violations or non-compliance
thereof;
(E) To oversee the City’s
compliance with all equal access, equal
employment opportunity
and other laws relating to
non-discrimination, and
(F) To conduct an annual
inventory of the city’s property.
(2) The function of the Department of
Community Development shall be:
(a) To supervise and
coordinate the efforts of the City in attracting
business to and
development within the city and in retaining existing
businesses;
(b) To create an environment
conducive to the orderly and positive
growth of the city;
(c) To coordinate the
beautification, preservation and celebratory
activities of the city
and to assist those boards, committees and
civic groups engaged in
such activities.
(d) To act as liaison between
the city and Henry County Planning and
Zoning.
(3) The function of the Department of
Finance shall be to provide the
following:
(a) The identification and
analysis of all sources of revenue including,
but not limited to,
taxes, license, fees, grants and donations, and
(b)The development and
maintenance of all accounting and financial
procedures and records
which are either requires by law or necessary
for the responsible
fiscal operation and administration of the city
including, but not
limited to, the development and implementation of
an annual budget
therefore.
(4) The function of the Department of
Public Safety shall be to oversee and
administer the New Castle Police
Department, the New Castle Volunteer
Fire Department, and to oversee
the efforts of the city in the areas of
emergency services and animal
control.
(5) The function of the Department of
Public Works shall be:
(a) To oversee and the development and maintenance of the city’s
public
works including streets, sidewalks, and
public ways, water system,
wastewater collection and treatment, storm
drainage, sanitation and
garbage collection, snow removal, street
cleaning, street lighting,
mowing and maintenance of the city’s
property, and
(b) To oversee the offering, bidding, advertisement and acceptance
of
any utility franchise granted by the city.
(Ord.#03-03 adopted
5-14-03; Ord.#04-01 adopted
2-11-04)
ELECTED OFFICERS
§ 30.20 ELECTION PROCEDURE
(A) The election of the Mayor and Commission members shall be
nonpartisan as provided by KRS 83A.170 and 83A.175.
(B) The city may change the manner of election of city officers
within the provisions of division of this section by ordinance,
except that no change shall be made earlier than five 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 Commissioners 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:
Election of city officers, see KRS
83A.050
Creation, abolishment of city offices,
see KRS 83A.080(3), (4)
§ 30.21 MAYOR; MAYOR PRO TEM.
(A) Election; term of office. The Mayor
of this city shall be elected by the voters of the city at a regular
election. His term of office begins on the first
day of January following his election and shall be for four years
and until his successor qualifies.
(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 term of office.
(C) Vacancy. If a vacancy occurs in the
office of Mayor, the Commission 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.
(D) Absence/disabilities. When the Mayor of the City of New
Castle, Kentucky is unable to perform his executive or
administrative duties for the city because of temporarily absence or
disability, the responsibility for performing those functions shall
be delegated by the Mayor pursuant to KRS 83 A. 130(7). Provided,
however, under those circumstances set forth above, the functions of
approving ordinances and of promulgating administrative procedures
shall be delegated to a Commission member pursuant to KRS
83A.130(10). Further, provided, the responsibility of presiding over
meetings of the Commission shall be fulfilled by a member of the
City Commission pursuant to KRS 83A.130(10). (Ord. #05-10, adopted
11-07-05)
(E) Powers and duties.
(1) The Mayor shall preside at all
meetings of the Commission and may vote
in all proceedings.
(2) All bonds, notes, contracts, and written
obligations of the city authorized
by ordinance or resolution shall
be executed by the Mayor on behalf of the
city. (KRS
83A.140 (4))
(F) Mayor Pro Tem.
(1) The Commission shall designate
one City Commissioner to serve as
Mayor Pro-Tem.
The Mayor Pro-Tem shall act for the Mayor whenever
the Mayor is unable to attend
to the duties of his office and he shall then
possess all rights, powers, and
duties of Mayor.
(2) If the disability of the Mayor to
attend to his duties continues for 60
consecutive days, the office of
Mayor may be declared vacant by a
majority vote of the Commission
membership, and the provisions of
division (C) above shall apply.
(KRS 83A.140 (4))
§ 30.22 COMMISSIONERS.
(A) Election; term of office. Each Commissioner
shall be elected at-large by the voters of the city at a regular
election. Terms of office begin on the first day
of January following his election and are for two years, except as
provided by § 30.20.
(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 term of office.
(KRS 83A.140 (3), (4)
(C) Compensation. For provisions concerning
compensation, see § 30.26.
§ 30.23 COMMISSION VACANCIES.
(A) Vacancies. If one or more vacancies on the
Commission occur in a way that one or more members remain seated,
the remaining members shall within 30 days fill the vacancies one at
a time, giving each new appointee reasonable notice of his selection
as will enable him 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 shall be filled as provided in this section.
(B) Failure to fill vacancies. If for any
reason, any vacancy in the Commission 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 (5))
Statutory reference:
Filling of vacancies for nonpartisan city
office, see KRS 83A.175
§ 30.24 POWERS AND
DUTIES OF COMMISSIONERS.
(A) All legislative, executive, and
administrative authority of the city is hereby vested in and
exercised by the Commission. The Commission
shall enforce the Commission Plan, ordinances and orders of the
city, and all applicable statutes.
(1) The Commission shall maintain liaison
with related units of local
government respecting inter-local
contracting and joint activities .
(2) The Commission shall supervise all
departments of city government
and the conduct of all city
officers and employees under its jurisdiction and
may require each department to make
such reports to it as it finds necessary.
(3) The Commission shall report to the
public on the condition and
needs of the city government as
provided by ordinance, but not less than
annually. (KRS
83A.140 (8))
(B) In carrying out its duty to supervise the
departments of city government and the conduct of all city officers
and employees under its jurisdiction, the Commission may require any
city officer or employee to prepare and submit to it sworn
statements regarding the performance of his official duties.
(KRS 83A.140 (5))
(C) The Commission shall by ordinance 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 83.140 (8))
(D) The Commission shall promulgate procedures
to insure orderly administration of the functions of city government
and compliance with statute, ordinance, or order. (KRS 83A.140 (8))
(E) The Commission shall by ordinance provide
for sufficient revenue to operate city government and shall
appropriate such funds in a budget which shall provide for the
orderly management of the city's resources. (KRS 83A.140 (8))
§ 30.25 OATH; BOND.
(A) Oath. Each officer of
the city shall, before entering upon the discharge of duties of his
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 section 228 of the Kentucky Constitution.
(B) Bond. Official bonds
shall, if required, meet the standards of KRS 62.060.
§ 30.26 COMPENSATION
(A) The Commission shall by ordinance fix 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 election or during his term of office.
(1) In order to
equate the compensation of the Mayor and
Commissioners with the purchasing power of the dollar, the State and
Finance and Administration Cabinet 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 section 246 of the Constitution of Kentucky,
which provides that the Mayor and Commissioners shall be paid at a
rate no greater than $7,200 per annum.
(2)
The Commission shall set the compensation of these officers in
accordance with KRS 83A.070 at a rate no
greater than that stipulated by
the State Finance and Administration
Cabinet.
(B) The Commission shall fix the compensation of
each appointed city officer in the ordinance that creates the office
and may change it by ordinance.
(C) The Commission 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.
(E) The compensation for a city commissioner
shall be $100.00 per month. The compensation for mayor shall be
$125.00 per month. (Ord. 96-3, passed
5-1-96)
Statutory reference:
Compensation, see KRS 83A.070 and
83A.075
§ 30.27 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 office, may be
removed from office by a unanimous vote of the members of the
Commission exclusive of any member to be removed, who shall not vote
in the deliberation of his removal.
(B) Non-elected officers.
Non-elected city officers may be removed by the Commission at will,
unless otherwise provided by state law.
Statutory reference:
Removal of elected officers, see KRS
83A.040 (6)
Removal of non-elected officers, see KRS
83A.080 (2)
RULES OF PROCEDURE
§ 30.40 MAYOR AS PRESIDING OFFICER.
The Mayor shall preside at all meetings of the Commission and may
vote in all proceedings. (KRS 93A.140 (4))
_____________________
Cross Reference:
Vacancy in office of Mayor; Mayor Pro
Tem, see 30.21(C), (E)
§ 30.41 MEETINGS.
(A) Regular meetings of the Commission shall be
held on the first Monday of each month at 7:00 pm, prevailing time,
at the New Castle Volunteer Fire Department, 220 North Property
Road, New Castle, Kentucky. The regular September meeting shall be
held on the second Monday thereof. In the event that the first
Monday of the
month falls on New Year’s Day or Declaration Day, the regular
monthly meeting shall be held on the second Monday of that month.
(Ord. #03-13, passed
11-12-03; Ord. #07-01, passed
4-2-07)
(B) Special meetings may be called by the Mayor
or a majority of the City Commissioners. In the
call, the Mayor or City Commissioners shall designate the purpose,
time, and place of the special meeting with sufficient notice for
the attendance of Commission 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 30.61 (KRS 83A.060 (6))
§ 30.42 QUORUM.
Unless otherwise provided by statute, a
majority of the Commission constitutes a quorum and a vote of a
majority of a quorum is sufficient to take action.
(KRS 83A.060 (6))
NON-ELECTED CITY OFFICIALS
§ 30.60 ESTABLISHMENT OF NON-ELECTED
CITY OFFICES.
(A) All non-elected city offices shall be
created by ordinances which shall specify:
(1) Title of office;
(2) Powers and duties
of office;
(3) Oath of office;
(4) Bond, if
required; and
(5) Compensation.
(B) All non-elected city officers shall be
appointed by the Commission.
(C) All non-elected officers may be may be
removed by the Commission at will unless otherwise provided by
statute.
(D) The following are non-elected city offices:
(1) City
Clerk-Treasurer/Tax Collector.
(2) City
Attorney.
____________________
Statutory reference:
Non-elected city offices, see KRS 83A.080
(1), (2)
§ 30.61 CITY
CLERK-TREASURER/TAX COLLECTOR.
(A) The city hereby establishes the office of
the City Clerk-Treasurer/Tax Collector.
(B) The duties and responsibilities of the City
Clerk-Treasurer/Tax Collector 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 "official custodian" or "custodian"
pursuant to KRS 61.870 through
61.882;
(3) Possession of the
seal of the city if used; and
(4) Performance of
any other duties and responsibilities required of the City
Clerk-Treasurer/Tax Collector by
statute or ordinance. (KRS 83A.085)
(C) Compensation shall be in the amount as
established by the City Commission from time to time as set forth in
30.26.
(D) No person shall be appointed or act as the
City Clerk-Treasurer/Tax Collector unless such person has taken the
oath required by section 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.
§ 30.62 CITY
ATTORNEY.
(A) There is hereby established the office of
City Attorney.
(B) The City Commission shall appoint a City
Attorney who shall be the general law officer and legal counsel of
the city. The City Commission may remove the
City Attorney at will. He shall be an attorney
licensed to practice in the
Commonwealth
of Kentucky.
He shall be chosen solely on the basis of his legal
qualifications, with special emphasis and administrative law.
The City Attorney may also engage in the private practice of
law and may hold other public or private employment.
(C) The City Attorney shall have and exercise
all powers and duties assigned to him by statute, this chapter, and
such other municipal responsibilities delegated from time to time.
He shall attend all meetings of the City Commission except
budget meetings at which his presence is not specifically requested,
shall advise the Mayor, the City Commission and all other city
officers and employees in all legal matters pertaining to their
municipal duties or affecting the interests of the city, shall
appear for and defend the city in all legal actions and
administrative proceedings in which the city is a party or is
interested, shall institute legal action for and in behalf of the
city wherever necessary for protection or enforcement of rights or
interests of the city, shall prepare and examine ordinances,
resolutions, orders, and legal instruments as the Commission by
direct, and generally shall attend to all legal business of the
city.
(D) In addition to the retainer fixed for City
Attorney by resolution of the City Commission, the City Attorney
shall receive additional compensation as an independent contractor
for all extraordinary services, including appearances in legal
actions and administrative proceedings and hearings involving the
city, municipal bond issues, real estate acquisitions and
dispositions, and other matters beyond the scope of usual legal
counsel to the city or requiring an unusual amount of time.
For such extraordinary services, the City Attorney shall be
paid reasonable fees commensurate with the amount and value of time
devoted thereto, based upon charges made by other attorneys for
comparable legal services.
(E) No person shall be appointed or act as City
Attorney unless such person has taken the oath required by Section
228 of the Constitution of the Commonwealth of Kentucky and has
provided a bond in the sum as established by the City Commission,
with corporate surety authorized to transact business in Kentucky
and conditioned upon the performance of the duties specified herein.
ORDINANCES
§ 30.80 ONE
SUBJECT; TITLE.
Each ordinance shall embrace but one
subject and shall have a title which clearly state the subject.
(KRS 83A.060 (1))
§ 30.81 INTRODUCTION; ENACTING CLAUSE.
Each ordinance shall be introduced in
writing and shall have an enacting clause styled "Be it ordained by
the City of New Castle."
(KRS 83A.060 (2))
§ 30.82 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))
§ 30.83 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 two
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 two-thirds of the membership, the Commission may suspend the
requirements of second reading and publication in order for an
emergency in the ordinance. Publication requirements of 30.87 shall
be complied with within ten days of the enactment of the emergency
ordinance.
(KRS 83A.060 (4), (7))
§ 30.84 ADOPTION OF STANDARD CODES BY REFERENCES
The Commission may adopt the provisions
of any local, statewide, or nationally recognized standard code and
codifications of entire bodies of local legislation by an ordinance
which identifies the subject matter by title, source, and date and
incorporates the adopted provisions by reference without setting
them out in full, provided of the permanent records of the city.
(KRS 83A.060 (5))
§ 30.85 OFFICIAL CITY
RECORDS
(A) Every action of the Commission 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 Commission shall be
entered on the official record of the meeting.
(B) The Commission has provided, under the
provisions of 30.61 (A) and 80.86, for the maintenance and
safekeeping of the permanent records of the city.
The City Clerk-Treasurer/Tax Collector and the presiding
officer sign the official record of each meeting.
(KRS 83A.060 (8))
§ 30.86 INDEXING AND
MAINTENANCE REQUIREMENTS.
At the end of each month, all ordinances
adopted by the city shall be indexed and maintained by the City
Clerk-Treasurer/Tax Collector 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))
§ 30.87 PUBLICATION REQUIREMENTS.
At the end of each month, all
ordinances adopted by the city shall be indexed and maintained by
the City Clerk-Treasure/Tax Collector 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))
(C) The publication requirements for all other
ordinances, including all bond and zoning ordinances, may be
satisfied by publication in full or in summary as designated by the
Commission.
(D) The requirements for summary publication may
be satisfied by publication of the title and a certified summary of
the contents prepared by an attorney licensed to practice law in the
Commonwealth of Kentucky.
(E) 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))
§ 30.88 ADDITIONAL REQUIREMENTS FOR ADOPTION
MAY BE
ESTABLISHED BY CITY.
The city may, by ordinances, 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))
§ 30.89 PERIODIC REVIEW REQUIRED.
Not less than once every five 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))
§ 30.90 MUNICIPAL ORDERS.
(A) The Commission 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 Commission has control.
(KRS 83A.060 (12), (13))
§ 30.91 PROVIDED BY
CITY
CLERK-TREASURER/TAX COLLECTOR;
RECEIVED IN EVIDENTCE.
All ordinances and orders of the city may be
proved by the signature of the City Clerk-Treasurer/Tax Collector;
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.
§ 30.92 LEGISLATIVE IMMUNITY.
For anything said in debate, City
Commissioners 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 31: POLICE DEPARTMENT AND FIRE DEPARTMENT
31.01 Establishment
31.02 Police officers
Volunteer Fire Department
31.20 Establishment
31.21 Fire Chief
POLICE DEPARTMENT
§ 31.01 ESTABLISHMENT
There is hereby established a Police Department in the city.
§ 31.02 POLICE OFFICERS.
(A) The Police Department shall consist of such
number of regular police officers as may be authorized by the City
Commission from time to time.
(B) The police officers shall be appointed by
the City Commission at will, and may be removed by the City
Commission at will except as tenure and terms of employment are
protected by statute, ordinance, or contract.
(C) Training and experience shall consist of any
combination of education, training, and experience which provides
the necessary knowledge, skills, and abilities to perform
effectively the duties of the position.
(D) The compensation of the police officers
shall be in an amount to be established by the City Commission by
ordinances in accordance with 30.26 of this code of ordinances.
VOLUNTEER
FIRE DEPARTMENT
§ 31.20 ESTABLISHMENT.
A Fire Department is hereby established
in the city to be known as the New Castle Volunteer Fire Department.
§ 31.21 FIRE
CHIEF
(A) The position of Fire Chief is hereby
established.
(B) The Fire Chief shall be elected by the
members of the Volunteer Fire Department.
(C) The Volunteer Fire Department shall operate
pursuant to rules and regulations promulgated by the Volunteer Fire
Department.
CHAPTER 32: PUBLIC RECORDS
Section
General Provisions
32.01 Definitions
Procedures for Requesting Public Records
32.05 Initial request with immediate inspection
32.06 referral to proper custodian
32.07 Public records not immediately available
32.08 Refusal of unreasonable requests
32.09 Time limitation; denial of inspection
32.10 Concealing or destroying records
prohibited
32.11 Access to records relating to particular
individual
32.12 Public records protected from disclosure
GENERAL PROVISIONS
§ 32.01 DEFINITIONS.
For purpose of this chapter the following
words and phrased shall have the following meanings ascribed to them
respectively:
"CITY"
The city government of this city.
"CUSTODIAN."
The official custodian or any authorized person having
personal custody and control of public records of "CUSTODIAN"
having personal custody of most of the public records of this city
is the City Clerk-Treasurer/Tax Collector.
"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 actual personal custody and control.
The "OFFICIAL CUSTODIAN" of this city shall be the
Mayor.
"PERSON."
A human being who makes a bodily appearance before the office
of the custodian and makes a request for inspection of public
records.
"PUBLIC AGENCY."
The city governing body, and any other municipal department,
board, commission, committee, subcommittee, ad hoc committee,
council, or agency thereof.
"PUBLIC RECORDS."
All books, papers, maps, photographs, cards, tapes, discs,
diskettes, recordings, or other documentary materials regardless of
physical form or characteristics, which are prepared, owned, used,
in the possession of, or retained by a public agency.
"PUBLIC RECORDS" shall not include any records owned
by a private person or corporation that are not related to
functions, activities, programs, or operations funded by state or
local authority nor any records that have been excluded by § 32.12.
"REASONABLE FEE"
or "FEE." The fair payment required by a
public agency for making copies of public records which shall not
exceed the actual cost thereof and shall not include the cost of
staff time required.
"REQUEST."
An oral petition by any person or, at the option of the
custodian, the completion of a written application that clearly
states the specific public record or records that are desired for
inspection or duplication. (KRS 61.870)
PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 32.05 INITIAL REQUEST WITH IMMEDIATE
INSPECTION.
(A) As defined in 32.01, and subject to the
limitations set forth in § 32.12, any person desiring to inspect or
copy the public records of this city shall make a request
or complete a written application for such records at the office of
the City Clerk-Treasurer/Tax Collector during regular office hours,
except during legal holidays. (KRS 61.872 (2))
(B) If the custodian determines that a person's
request is in compliance with the open record law and the requested
records are immediately available, the custodian shall deliver the
records for the inspection. Suitable facilities shall be made
available in the office of the City Clerk-Treasurer/Tax Collector
for the inspection. No person shall
remove original copies of public records form the offices of any
public agency without the written permission of the official
custodian of the record.
(KRS 61.872 (1))
(C) The applicant shall have the right to make
abstracts of the public records and to obtain copies of all written
public records. When copies are requested, the
custodian may require a written request and advance payment of the
prescribed fee as defined in § 32.01. (KRS
61.874 (1))
§ 32.06 REFERRAL TO PROPER CUSTODIAN.
If the City Clerk-Treasurer/Tax Collector
does not have custody or control of the public record or records
requested, the City Clerk-Treasurer/Tax Collector shall so notify
the applicant and shall furnish the name and location of the
custodian of the public record, if such facts are known to him.
(KRS 61.872 (3))
§ 32.07 PUBLIC RECORDS NOT IMMEDIATELY
AVAILABLE.
If the public record is in active use, in
storage, or not otherwise available, the official custodian shall
immediately so notify the applicant and shall designate a place,
time, and date for inspection of the public records, not to exceed
three 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 of
duplication. (KRS 61.872 (4))
§ 32.08 REFUSAL OF UNREASONABLE REQUESTS.
If the application places an unreasonable
burden in producing voluminous 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.
However, refusal under this section must be sustained by
clear and convincing evidence.
(KRS 61.872 (5))
§ 32.09 TIME LIMITATION; DENIAL OF INSPECTION.
(A) The official custodian, upon any request for
records made under this chapter, shall determine within three 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
three-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 authority and shall constitute final agency action.
(B) A copy of the written response denying
inspection of a public record shall be forwarded immediately by the
city to the Attorney General of the
Commonwealth
of Kentucky.
Upon the Attorney General's request, the agency will provide
additional documentation.
(C) If upon request by the person seeking
inspection, the Attorney General reviews the denial and issues a
written opinion upholding, in whole or in part, the request for
inspections, the agency may institute proceedings within 30 days for
injunctive or declaratory relief in the circuit court.
In addition, if the Attorney General disallows the request,
or if the city continues to withhold the record notwithstanding the
Attorney General's opinion, and the person seeking disclosure
institutes proceedings in circuit court, the city shall notify the
Attorney General of such action.
(KRS 61.880)
§ 32.10 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.
§ 32.11 ACCESS TO RECORDS RELATING TO PARTICULAR
INDIVIDUAL.
Any person shall have access to any public record relating to him or
in which he is mentioned by name, upon presentation of appropriate
identification, subject to the provisions of § 32.12 of these rules
and regulations. (KRS 61.884)
§ 32.12 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:
(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; the regulation of commercial
enterprises, 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 form a person,
and which are generally recognized as
confidential; or for the
grant or review of a license to do business.
which, if openly
disclosed, would permit an unfair advantage to
competitors of the subject
enterprise. This exemption shall not,
however, apply to records
the disclosure or publication of which is
directed by other statute.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7)
Preliminary drafts, notes, or correspondence with private
individuals,
other than correspondence
which is intended to give notice of final
action of a public agency.
(8)
Preliminary recommendations and preliminary memoranda in which
opinions are expressed or
policies formulated or recommended.
(9) All
public records or information the disclosure of which is prohibited
by federal law or
regulation.
(10) Public
records or information the disclosure of which is prohibited or
restricted or otherwise made confidential by
enactment of the
General Assembly.
(B) No exemption under this section shall be
construed to deny, abridge, or impede the right of a municipal
employee, an applicant for employment, or an eligible on register to
inspect and copy any record, including preliminary and other
supporting documentation, that relates to him. Such records shall
include, but not be limited to work plans, job performance,
demotions, evaluations, promotions, compensation, classification,
reallocation, transfers, layoffs, disciplinary actions, examination
scores, and preliminary and other supporting documentation. A
municipal employee, applicant, or eligible shall not have the right
to inspect or copy any examination. (KRS 61.878)
TITLE V: PUBLIC HEALTH AND
SAFETY
Chapter
50. FIRE
PREVENTION
51. WATER
AND SEWERS
52. TRAFFIC CODE
53. STREETS
AND SIDEWALKS
54. CURFEW FOR JUVENILES
Chapter 50: FIRE
PREVENTION
Section
General Provisions
50.01 State Standards of Safety adopted
50.02 Compliance with regulations required
50.03 Application of chapter
50.04 Effect on existing structures
Open Burning
50.20 Permit required for open fire
50.21 Permit required for burning on
construction or demolition sites
50.22 Location and containment of open fires
50.23 Constant attention to open fires required
50.24 Garden hose or fire extinguishment devices
required
50.25 Authority to prohibit open fires
Dangerous Materials
50.40 Blasting permit
50.41 Storage of flammables and other matter
50.99 Penalty
GENERAL PROVISIONS
§ 50.01 STATE STANDARDS OF SAFETY ADOPTED.
(A) The most current edition of the State
Standards of Safety, and all codes a part thereof, as promulgated by
the office of the State Fire Marshal of the Department of Insurance
of the Commonwealth of Kentucky, is hereby adopted in full as an
ordinance of the city, as if set out at length herein; a copy of
which is on file in the office of the City Clerk-Treasurer/Tax
Collector.
(B) The City Clerk-Treasurer/Tax Collector shall
at all times keep in his possession for reference a copy of the most
current edition of the Standards of Safety.
(C) An attested copy of this section shall be
transmitted to the office of State Fire Marshal and the rates
section of the Department of Insurance of the
Commonwealth
of Kentucky.
§ 50.02 COMPLIANCE WITH REGULATIONS REQUIRED.
It shall be unlawful for any person to violate any of the provisions
of this chapter; to permit or maintain any violation; to refuse to
obey any provision thereof; or to fail or refuse to comply with any
provision or regulation, except that variations may be allowed by
the Chief of the Volunteer Fire Department in writing and signed by
him. Proof of any unlawful act or failure to act
shall be deemed prima facie evidence that the act is that of the
owner and of the occupant. Prosecution or lack thereof against
either the owner or the occupant shall not be deemed to relieve the
other from responsibility or from prosecution for the violation of
this chapter. Penalty, see § 50.99
§ 50.03 APPLICATION OF CHAPTER.
This chapter shall apply to both public and privately-owned
property; and to all new structures, their owners and occupants,
including buildings, structures, and equipment; and, except as
otherwise specified, to existing structures and their occupants,
including buildings, structures, and equipment which constitute a
clear and present hazard to life or to property.
§ 50.04 EFFECT ON EXISTING STRUCTURES.
Existing structures, facilities, and installations as may be covered
by regulations promulgated under the authority of this chapter in
service or under construction as of the effective date of this
chapter and which are not in strict compliance with the terms of
this chapter, may be continued or placed in use, provided these do
not constitute a distinct hazard to life or adjoining property.
When the Chief of the Volunteer Fire Department deems that
the continued use will constitute a distinct hazard to life or
adjoining property, he shall notify the owner or operator and
specify his reason in writing.
OPEN BURNING
§ 50.20 PERMIT REQUIRED FOR OPEN
FIRE.
No person, firm, corporation, or agent thereof may kindle or
maintain any open fire, except an outdoor cooking fire of
appropriate size, or authorize any fire to be kindled or maintained
without first obtaining a permit from the Fire Chief or his
designee. Penalty, see § 50.99
§ 50.21 PERMIT REQUIRED FOR BURNING ON
CONSTRUCTION OR DEMOLITION SITES.
During the construction or demolition of buildings or other
structures, no waste materials or rubbish shall be disposed of
burning on the premises or in the immediate vicinity without a
permit or other proper authorization. Penalty,
see § 50.99
§ 50.22 LOCATION AND
CONTAINMENT OF OPEN FIRES.
No person, firm, corporation, or agent thereof may kindle or
maintain any open fire or authorize any such fire to be kindled or
maintained unless the location is not less than 50 feet form any
structure and adequate provision is made to prevent fire from
spreading closer than 50 feet to any structure; or the fire is
contained in an adequate and approved waste burner located safely
not less than 25 feet from any structure.
Penalty, see § 50.99
§ 50.23 CONSTANT ATTENTION TO OPEN FIRES
REQUIRED.
Open fires shall be constantly attended by a competent person not
less than 18 years of age. Penalty, see 50.99
§ 50.24 GARDEN HOSE OR
FIRE
EXTINGUISHMENT DEVICES REQUIRED.
A garden hose connected to a water supply or other fire
extinguishment equipment must be readily available for use within
ten feet of any open fires.
Penalty, see § 50.99
§ 50.25 AUTHORITY TO PROHIBIT OPEN FIRES.
The Fire Chief or his designee may prohibit any or all open fires
when natural conditions, the materials being burned, or local
circumstances make these fires potentially hazardous or harmful.
DANGEROUS MATERIALS
§ 50.40 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 Chief of Police. The Chief of Police, 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
50.99
§ 50.41 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 form any premises
in case of fire. Penalty, see § 50.99
§ 50.99 PENALTY
Any person who violates any provision of this chapter shall be fined
not more than $500.
Chapter 51: WATER AND
SEWERS
Section
General Provisions
§ 51.001 Definitions
§ 51.002 Damaging, destroying waterworks
facilities prohibited
§ 51.003 State law incorporated by reference
§ 51.004 Classification of sewer permits
Use of Public Sewers Required
§ 51.015 Prohibition of unlawful disposal
§ 51.016 Disposal boundaries
§ 51.017 Forbidden sewage facilities
§ 51.018 Required waste facilities and sewer
connections
Building Sewers
§ 51.030 Permit required; fees
§ 51.031 Excavations
§ 51.032 Use of water for building purposed to
be metered; meter deposit
§ 51.033 Separate sewer for each building;
exception
§ 51.034 Connection of new building to old sewer
§ 51.035 Specifications for building sewers
§ 51.036 Source of surface runoff or groundwater
not to be connected to new
sewer
§ 51.037 Inspections
Connections
§ 51.050 Connections to meet city regulations
§ 51.051 When connection to public sewer system
required
§ 51.052 Water and sewer taps; illegal tap-ins
§ 51.053 Owner to provide suitable toilet
facilitates for connection
§ 51.054 Connections to be conveniently located
with respect to city lines and
mains
§ 51.055 Storm water drain connection prohibited
§ 51.056 Cost of connection
Private Systems
§ 51.070 Prohibited when connection to public
sewer system available
§ 51.071 Private connection requirements
§ 51.072 Permit procurement
§ 51.073 Construction inspection
§ 51.074 Construction compliance
§ 51.075 Governing authority
§ 51.076 Maintenance responsibility
§ 51.077 Subsequent sewer availability
Usage
§ 51.090 Right to purchase, use water
§ 51.091 Application for service
§ 51.092 Water to be used for domestic
consumption only; resale prohibited
§ 51.093 Customers with boilers or pressure
vessels
§ 51.094 Use by city; use for public purpose
Meters
§ 51.110 Meter deposit
§ 51.111 Meters installed, maintained at expense
of city
§ 51.112 Testing meters; fee
§ 51.113 Defective meter; determination of water
consumption
§ 51.114 Use of water supplied on other than
metered basis
§ 51.115 Use of water not being discharged into
sewer facilities; special
meters
Discharges
§ 51.130 Deposits of garbage, wastes to
non-sewer facilities prohibited
§ 51.131 Inflammable substances, substances
which might cause obstructions
prohibited
§ 51.132 Discharge of unpolluted waters
§ 51.133 Prohibited discharges
§ 51.134 Certain discharges restricted
§ 51.135 Compliance with federal and state
guidelines required
§ 51.136 Grease, oil, and sand interceptors
§ 51.137 Maintenance of pretreatment facilities
§ 51.138 Structures for sampling, observation
may be required by city
§ 51.139 "Standard Methods for Examination of
Water and Wastewater" to be used
by city
§ 51.140 User to provide discharge information
§ 51.141 Special agreements
Rates and Charges
§ 51.160 No free or reduced charge service
§ 51.161 Monthly water rates
§ 51.162 Waterworks connection charge; service
charge
§ 51.163 Monthly sewer rates and charges
§ 51.164 Special rates for unusual discharges
§ 51.165 Sewer connection charge
§ 51.166 Single meter serving multi-unit
premises
§ 51.167 Billing procedure; delinquent payments
Administration and Enforcement
§ 51.180 Inspections
§ 51.181 Hearing Board
§ 51.182 Use of city property for renovation of
sewer system authorized
§ 51.183 Easement right-of-way to be granted by
each customer
§ 51.184 City owns lines, meters, and the like
§ 51.185 Discontinuance of service
§ 51.186 Interruption of service
§ 51.187 Refusal of service
§ 51.188 Complaints
§ 51.189 Liability
§ 51.190 Amendment of regulations
Extensions of Service
§ 51.210 Contract between customer, city
required
§ 51.211 Customer to pay costs; refund of
advance payments
§ 51.212 Manner of installation governed by city
Water Shortages
§ 51.300 Water Shortages
§ 51.301 Definitions
§ 51.302 Declaration of a Water Shortage Advisory
§ 51.303 Declaration of a Water Shortage Alert
§ 51.304 Declaration of a Water Shortage Emergency
§ 51.305 Shortage Water Rates
§ 51.306 Regulations
§ 51.307 Penalties
§ 51.308 Severability
§ 51.309 Effective Date
§ 51.310 Effective Period
§ 51.400 Etc.
§ 51.999 Penalty
GENERAL PROVISIONS
§ 51.001 DEFINITIONS
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
"BOD (denoting BIOCHEMICAL OXYGEN DEMAND."
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20`C., is expressed in milligrams per liter.
"BUILDING DRAIN."
That part of the lowest horizontal piping of a drainage
system which receives the discharge from soil waste, and other
drainage pipes inside the walls of the building and conveys it to
the building sewer, beginning five feet (1.5 meters) outside the
inner face of the building wall.
"BUILDING SEWER"
or "HOUSE CONNECTION." The extension from
the building drain to the public sewer or other place of disposal.
"CITY"
The city of New Castle, Kentucky, acting by and through its
City Commission or by and through such other body as shall be the
governing body of the city under state law at any given time.
(Ord. 83-6, passed
10-4-83)
"COMBINED SEWER."
A sewer intended to receive both wastewater and storm surface
water.
"CUSTOMER."
A property owner or his agent who has agreed to purchase
water or sewer service from the city. (Ord.
83-6, passed
10-4-83)
"EASEMENT."
An acquired legal right for the specific use of land owned by
others.
"FLOATABLE
OIL."
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved
pretreatment facility. A wastewater shall be
considered free of "FLOTABLE FAT" if it is properly
pretreated and the wastewater does not interfere with the collection
system.
"GARBAGE."
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
“LATERAL LINE.”
That portion of the sewer line which connects
the building sewer with the main collection line of the public
sewer, usually under a public street or way.
"INDUSTRIAL WASTES."
The wastewater from industrial processes, trade,
or business, as distinct from domestic or sanitary waste.
"NATURAL OUTLET."
Any outlet, including storm sewers, sanitary sewers, and
combined sewer overflows, into watercourse, pond, ditch, lake, or
other body of surface or groundwater.
"PERSON."
Any individual, firm, company, association, society,
corporation, or group.
"pH."
The logarithm of the reciprocal of the hydrogen-ion
concentration. The concentration is the weight
of hydrogen-ions, in grams per liter of solution.
Neutral water, for example, has a "pH" value of 7 and a
hydrogen-ion concentration of 10-7.
"PROPERLY SHREDDED GARBAGE."
The wastes from the preparation, cooking, and dispensing of
food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27
centimeters) in any dimension.
"PUBLIC SEWER."
A sewer in which all owners
of abutting properties have equal rights and which is controlled by
public authority and shall include the main sewer in the street and
the lateral (or service branch) to the property line.
"SANITARY SEWER."
A sewer that carries liquid and water-carried waste from
residences, commercial buildings, industrial plants, and
institutions, together with minor quantities of ground, storm, and
surface waters that are not intentionally admitted.
"SEWAGE."
The spent water of a community.
"SEWAGE TREATMENT PLANT."
Any arrangement of devices and structures used
for treating sewage.
"SEWAGE WORKS"
or "SEWAGE SYSTEM." All facilities for
collecting, pumping, treating, and disposing of sewage.
"SEWER."
A pipe conduit that carries wastewater or drainage water.
"SLUG."
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any
period of duration longer than 15 minutes, more than five times the
average 24-hour concentration or flows during normal operation and
shall adversely affect the collection system or performance of the
wastewater treatment works.
"STORM DRAIN"
or "STORM SEWER." A drain or sewer for
conveying water, groundwater, subsurface water, or unpolluted water
from any source.
"SUPERINTENDENT."
The Superintendent of Sewer and Water of the city or his
authorized deputy, agent, or representative, or other authorized
representative of the city, including the Mayor.
"SUSPENDED SOLIDS."
The total suspended matter that either floats on the surface
of, or is in suspension in water, wastewater, or other liquids, and
that is removable by laboratory filtering as prescribed in "Standard
Methods for the Examination of Water and Wastewater" and referred to
as unfilterable residue.
"SYSTEM."
The combined and consolidated water and sewer system of the
city, as now or hereafter constituted. (Ord.
83-6, passed
10-4-83)
"UNPOLLUTED WATER."
Water of quality equal to or better than the effluent
criteria in effect or water that would not cause violation of
receiving water quality standards and would not be benefited by
discharge to the sanitary sewer and wastewater treatment facilities
provided.
"WASTEWATER."
The spent water of a community. From the
standpoint of source, "WASTEWATER" may be a combination of the
liquid and water-carried waste from residences, commercial
buildings, industrial plants, and institutions, together with any
unintentionally admitted groundwater, surface water, and storm water
that may be present.
"WASTEWATER FACILITIES."
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial waste and dispose of
the effluent.
"WASTEWATER TREATMENT WORKS."
An arrangement of devices and structures for treating
wastewater, industrial waste, and sludge.
"WATERCOURSE."
A natural or artificial channel in which a flow of water
occurs, either continuously or intermittently.
(Ord. 86-1, passed
1-8-86)
§ 51.002 DAMAGING, DESTROYING WATERWORKS
FACILITIES PROHIBITED.
No unauthorized person shall intentionally or wantonly break,
damage, destroy, uncover, deface, or tamper with any structure
appurtenance, or equipment which is a part of the sewerage system.
Any person violating this provision shall be subject to
immediate arrest under a charge of criminal mischief, and shall be
subject to the same penalty as imposed by state law for the offense
of criminal mischief.
(Ord. 86-1, passed
1-8-86)
________________________
Statutory reference:
Criminal mischief, see KRS 512.020
through 512.040
§ 51.003 STATE LAW INCORPORATED BY REFERENCE.
All applicable state law which now or may hereafter exist is
incorporated herein and made a part of this chapter.
The city may use any powers therein contained, in
addition to those herein set out. (Ord. 83-6,
passed
10-4-83)
§ 51.004 CLASSIFICATION OF SEWER PERMITS.
There are three classes of sewer permits established:
(A) Installation of private sewage disposal
facilities.
(B) Residential and commercial building sewers.
(C) Industrial sewer connections. (Ord. 86-1,
passed
1-8-86)
__________________________
Cross-reference:
Permits for residential and commercial building sewers and
industrial sewer connections, see § 51.030
Permits for private sewage disposal systems, see § 51.072
USE OF PUBLIC SEWERS REQUIRED
§ 51.014 PROHIBITION OF UNLAWFUL DISPOSAL.
It shall be unlawful for any person to place, deposit, or permit to
be deposited in an unsanitary manner upon public or private property
within the city, or in any human or animal excrement, garbage, or
other objectionable waste.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.016 DISPOSAL BOUNDARIES
It shall be unlawful to discharge to any natural outlet within the
city, or any area under the jurisdiction of the city, any wastewater
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this chapter.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.017 FORBIDDEN SEWAGE FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy fault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.018 REQUIRED WASTE FACILITIES
AND SEWER CONNECTIONS.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purpose, situated within
the city and abutting on any street, alley, or right-of-way in which
there is now located or may in the future be located a public
sanitary or combined sewer of the city is hereby required, at his
expense, to install suitable toilet facilities therein and to
connect these facilities directly with the proper public sewer in
accordance with the provisions of this chapter, within 90 days after
the date of official notice from the superintendent to do so,
provided that the public sewer is within 100 feet (30.5 meters) of
the property line. (Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
BUILDING SEWERS
§ 51.030 PERMIT REQUIRED; FEES.
(A) No unauthorized person shall uncover, make
any connection with or opening into, use, alter, or disturb any
public sewer or appurtenance thereto without first obtaining a
written permit from the Superintendent.
(B) There are two classes of building sewer
permits: one class for residential and
commercial service, and one class for service to establishments
producing industrial wastes. In either case, the
owner or his agent shall make application on a form furnished by the
city. The permit application shall be
supplemented by any plans, specifications, or other information
considered pertinent in the judgement of the Superintendent.
A permit and inspection fee of $25 for a residential or
commercial building sewer permit and $50 for an industrial building
sewer permit shall be paid to the city at the time the application
is filed. (Ord. 86-1, passed
1-8-96) Penalty, see §
51.999
§ 51.031 EXCAVATIONS.
All excavations for building sewer installations shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner
satisfactory to the city.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.032 USE OF
WATER FOR
BUILDING PURPOSED TO BE METERED; METER
DEPOSIT.
(A) Water for building or construction purposes
will be furnished by meter measurement after a suitable deposit has
been made; the minimum deposit shall be $10. The
amount of the deposit shall be determined by the city based on the
size of the construction work contemplated. All
water for building or construction purposes, as set forth in the
permit, must pass through one and the same meter.
(B) Water so supplied shall be discharged
through a hose or pipe directly on the material to be made wet, or
into a barrel or other container, and in no case upon the ground or
into or through a ditch or trench. All use of
water by any party other that the applicant, or use of water for any
purpose or upon any premises not so stated or described in the
application, must be prevented by the applicant, or water service
may be discontinued to the applicant without notice.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.033 SEPARATE SEWER FOR EACH BUILDING;
EXCEPTION.
A separate and independent building sewer shall be provided for
every building. However, where one building
stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building
through an adjoining alley, courtyard, or driveway, the building
sewer from the front building may be extended to the rear building
and the whole considered as one building sewer.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.034 CONNECTION OF
NEW
BUILDING TO OLD SEWER.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the
Superintendent, to meet all requirements of this chapter.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.035 SPECIFICATIONS FOR AND MAINTENANCE OF
BUILDING SEWERS.
(A) The size, slope, alignment, materials of
construction of a building sewer, and the methods to be used in
excavation, placing of the pipe, jointing, testing, and backfilling
the trench, shall all conform to the requirements of the city.
(B) The connection of the building sewer into
the public sewer shall conform to the requirement of the State
Plumbing Code and other applicable rules and regulations of the
city. All such connections shall be made
gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the
Superintendent before installation.
(C) Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, first floor and upward
facilities shall be served by shallow sewers or a lift station as
approved by the city.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
(D) (1) The owner of the premises served by a
sewer shall be responsible for the operation and cleaning of the
building sewer from the building to the point of connection with the
public sewer, and for the maintenance, operation, cleaning, repair,
and reconstruction of the building sewer from the building to the
public sewer.
(2) The owner of the premises shall be
responsible for all costs incident to the cleaning and repair of the
building sewer, including, but not limited to, the opening,
excavation and restoration of any public street or sidewalk if the
necessity for such cleaning or repair is caused by a violation of
any ordinance of the city, interference of the building sewer which
is caused by roots or other vegetative growth from whatever source,
or necessary maintenance of the line.
(3) In the event that such repair is
necessitated by the collapse or deterioration of a building sewer
within or under the public way, then all costs incident to such
repair shall be borne by the City, as to that portion of the
building sewer.
(4) All restoration of public way must be
performed in accordance with § 51.031.
§ 51.036 SOURCE OF SURFACE RUNOFF OR GROUNDWATER
NOT TO BE CONNECTED TO NEW SEWER.
No person shall make connection of roof downspouts, foundation
drains, areaway drains, or other sources of surface runoff or
groundwater to a building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary sewer.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.037 INSPECTIONS.
The applicant for the building sewer permit shall notify the
Superintendent when the building sewer is ready for inspection and
connection to the public sewer. The connection
shall be made under the supervision of the Superintendent or his
representative. The inspection shall be made
within 72 hours of receipt of notice by the Superintendent.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
CONNECTIONS
§ 51.050 CONNECTIONS TO MEET
CITY
REGULATIONS.
(A) All sewer connections shall be made under
such regulations as the city may establish.
Failure to effect such a connection is hereby declared to be
unlawful and shall constitute a nuisance.
(B) All sewer taps and connections to the water
mains and sewer of the city shall be made by and under the direction
and supervision of the Superintendent.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.051 WHEN CONNECTION TO PUBLIC SEWER SYSTEM
REQUIRED.
(A) All owners, tenants, and occupants of
dwellings, houses, apartments, hotels, motels, mobile homes, house
trailers, mobile home parks, trailer camps, manufacturing or
commercial establishments, or any other building of any kind or
nature situated on a lot or lots within the city limits through
which any sewage collection line has been or is hereafter installed
or which abuts upon any street, alley, or easement within the city
limits in which there is hereafter installed a sewage collection
line, or to which property a hereafter installed a sewage collection
line, or to which property a sewage collection line is extended,
shall within, 90 days following the date on which the sewage
collection line is placed in operation, connect
therewith all sanitary sewage drain pipes of that dwelling, house,
apartment, hotel motel, mobile home, house trailer, mobile home
park, trailer camp, manufacturing or commercial establishment, or
other building, with the sanitary sewer collection line, conveying
thereby all of the sewage therefrom into the sewer system.
These connections shall be made in accordance with those
rules and regulations as the city may from time to time duly
establish. Failure to make such a connection is hereby declared
unlawful and shall constitute a nuisance.
(B) Each owner, tenant, and occupant of similar
property outside the city limits who is connected to the city water
system and receives water service from the city, shall, within 90
days following the date on which the city sends written notice to
that party that a city sewage collection line is available to that
property, connect the property to the sewage collection line in
accordance with city rules and regulations. The
city shall cut off the water supply to any owner, tenant, or
occupant failing to make such a connection.
(C) All architects, contractors, builders, or
other persons, before commencing the erection of any building or
other improvement capable of emitting liquid wastes or sewage, on
any lot or parcel of land abutting on a street, alley, or easement
in which there may be hereafter installed and maintained a sewage
collection line; on any lot or parcel of land through which there
may be hereafter installed a sewage collection line; or to which a
sewage collection line is made available, shall before erecting or
installing that building or improvement, exhibit to the City
Commission, or to the official the Commission may designate,
satisfactory evidence that a means has been provided or will be
provided for connecting the sanitary sewage drain pipes from the
building or other improvement with the sewer collection line. No
storm water or other surface or subsurface water drain shall be
connected with any sanitary sewer line hereafter constructed, nor
shall any storm water, surface, or subsurface water be otherwise
introduced into any sanitary sewage collection line.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.052 WATER AND
SEWER TAPS; ILLEGAL TAP-INS.
(A) Whenever the city shall determine that it is
feasible to provide water service to a customer, the city shall
install, maintain, and operate a main distribution pipeline or lines
from the system's source of water supply and shall further install
and maintain, at the city's expense, such portions of the necessary
water service lines as may be needed to bring water from a water
main to the lot or easement line of a customer.
However, if the necessary water service line from the water main to
the water meter of a customer is unusually long, as determined by
the Superintendent within guidelines fixed by the city, the customer
may be required to pay a portion of the cost of the service line.
The expense borne by the city in any event shall include the
necessary tap, fittings, and shut-off valve, which items shall
belong to the city. Each customer shall install
and maintain, at his expense, that portion of the service line from
the lot or easement line to his premises, including a stop and waste
cock at the end of the house side of his service, which items shall
belong to the customer. The
minimum earth cover of the customer's service shall be 30 inches.
The Superintendent shall determine the size and kind of
service to be installed.
(B) No sewer taps (breaking or entering into
sewer lines of the city) shall be made by any person, firm, or
corporation except the city. The city will, upon
application to the city and payment of any tapping or connection fee
as may be prescribed by the city, tap the city sewer and run a
lateral to the property line of any applicant where sewers are
available. Any and all installations or
attachments thereto shall be made by the applicant under the
direction and supervision of the city; however, nothing herein shall
be construed as requiring the city to furnish a sewer connection or
sewer services to any premises where a city sewer is not available
at the time that the application is made. The term “property line”
as used herein is the edge of the public way and unless agreed upon
otherwise, shall be determined by a registered and surveyor at the
city’s expense.
(Ord. 83-6, passed
10-4-83; am ord. 98-5, passed
7-15-98) Penalty, see § 51.999
(C) The provisions of § 51.162 and 51.165 of the
City Code shall apply to any water or sewer connection or “tap-in”
which results in the relocation of the physical connection to the
city line, where such relocation has been requested or initiated by
the customer or user.
§ 51.053 OWNER TO PROVIDE SUITABLE TOILET
FACILITIES FOR CONNECTION.
Each owner of a house, building, or property used for human
occupancy, employment, recreation, or other purposes, which is
situated within the city and to which sewer service is made
available by the city, is hereby required at his expense to install
suitable toilet facilities therein and to connect such facilities
directly with the available public sewer in accordance with the
requirements of this chapter.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.054 CONNECTIONS TO BE CONVENIENTLY LOCATED
WITH RESPECT TO CITY
LINES AND MAINS.
Piping on the premises of a customer must be so installed that
connections are conveniently located with respect to city lines and
mains. The customer shall provide a place for metering which is
unobstructed and accessible at all times. The
customer shall furnish and maintain a cutoff valve on his side of
the meter, and the city will furnish a like valve on its side of the
meter.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.055 STORMWATER DRAIN CONNECTION PROHIBITED.
No storm water drain shall be or remain connected or be connected
with any separate sanitary sewer heretofore or hereafter constructed
as, or made part of the sewer systems of the city, nor shall any
storm water be otherwise introduced into any separate sanitary
sewer. (Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.056 COST
OF CONNECTION.
(A) All costs and expenses incident to the
installation and connection of a building sewer shall be borne by
the owner, who shall indemnify the city from any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer. All connections shall be made
under the supervision of the Superintendent of the sewer system or
other duly authorized official of the city.
(B) The customer's service lines shall be
installed and maintained by the customer at his own expense in a
safe and efficient manner, in accordance with the city's rules and
regulations and with the regulations of the State Department of
Health.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
PRIVATE SYSTEMS
§ 51.070 PROHIBITED WHEN CONNECTION TO PUBLIC
SEWER SYSTEM AVAILABLE.
(A) It shall be unlawful for any person to
construct, maintain, or permit to be constructed or maintained any
outdoor toilet, privy, vault, cesspool, septic tank, or other
similar contrivance for the reception of sewage on any lands owned
by that person or under his control, which abut upon a sewage
collection line in any public street, alley, or other easement or
through which a sewage collection line passes or to which a sewage
collection line hereafter becomes available. All
such outdoor toilets or privies shall be removed, and all such
vaults, cesspools, septic tanks, or other similar contrivances for
the reception of sewage shall be closed, filled, or otherwise
removed from the properties described above within 90 days after the
sewage collection service becomes available.
(B) All privies, surface toilets, or other means
of casting or depositing sewage into a container above or below the
surface of the ground, on or into the soil, into any running or
percolating stream of water, or into any cistern or well whereby the
soil or any surface or subsurface waters is contaminated with such
sewage are hereby declared to constitute a public nuisance and their
use or maintenance for a period of more than 90 days following the
availability of a sewage collection line to the property is hereby
prohibited.
(C) It shall be unlawful for any person to
construct or maintain a privy, well, vault, cesspool, cistern,
septic tank, or similar contrivance for the reception of flowable
sewage where sewers are available. All such
privies, wells, vaults, cesspools, cisterns, septic tanks,
facilities, and similar contrivances shall be removed or
disconnected by the owners and the occupants of premises to which
sewers are made available in the city as soon as the sewers are made
available to the premises. All such privies,
facilities, and other means of casting or depositing sewage into a
container above or below the surface of the ground, on the soil,
into any running or percolating stream of water, or into any cistern
or well, whereby the soil is contaminated with such sewage, are
hereby declared to be unlawful and to constitute a nuisance.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.071 PRIVATE CONNECTION REQUIREMENTS.
Where a public sanitary or combined sewer is not available under the
provisions of § 51.018, the building sewer shall be connected to a
private sewage disposal system complying with the provisions of this
subchapter.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.072 PERMIT PROCUREMENT.
Before commencement of construction of a private wastewater disposal
system, the owner shall first obtain a written permit signed by the
Superintendent. The application for such permit
shall be made on a form furnished by the city, which the applicant
shall be made a form furnished by the city, which the application
shall supplement by any plans, specifications, and other information
as are deemed necessary by the Superintendent. A
permit and inspection fee of $35 shall be paid by to the city at the
time the application is filed.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.073 CONSTRUCTION INSPTECTION.
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction of
the Superintendent. He shall be allowed to
inspect the work at any stage of construction and, in any event, the
applicant for the permit shall notify the Superintendent when the
work is ready for final inspection, and before any underground
portions are covered. The inspection shall be
made within 72 hours of the receipt of notice by the Superintendent.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.074 CONSTRUCTION COMPLIANCE.
The type, capacities, location, and layout of a private wastewater
disposal system shall comply with all recommendations of the State
Department of Public Health. No permit shall be
issued absorption facilities where it conflicts with County Health
Department standards. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.075 GOVERNING AUTHORITY.
No statement contained in this subchapter shall be construed to
interfere with any additional requirements that may be imposed by
the Superintendent or the appropriate regulatory official of the
state or county.
(Ord. 86-1, passed
1-8-86)
§ 51.076 MAINTENANCE RESPONSIBILITY.
The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
city.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.077 SUBSEQUENT SEWER AVAILABILITY.
(A) At such time as a public sewer becomes
available to a property serviced by a private wastewater disposal
system, as provided in § 51.018, a direct connection shall be made
to the public sewer in compliance with this chapter, and any septic
tanks, cesspools, and similar private wastewater disposal facilities
shall be abandoned and filled with suitable material.
(B) When a public sewer becomes available, the
building sewer shall be connected to the public sewer within 90 days
after such availability, and the owner shall have the private
wastewater disposal system cleaned of sludge and filled with clean
bank-run gravel or dirt at no cost to the city.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
USAGE
§ 51.090 RIGHT TO PURCHASE, USE WATER.
(A) Each customer shall be entitled to purchase
form the city, pursuant to such agreements as may from time to time
be provided and required by the city, such water as the customer may
desire, subject, however, to the provisions of this chapter and to
such further rules and regulations as may be prescribed by the city.
Further, should a customer sell or dispose of a portion of
his property or subdivide it, he or the new owner of each new tract,
may not demand water and taps without paying connection fees for
each such tract to be served.
(B) In the event the total water supply is
insufficient to meet all needs of the consumers, or in the event
there is a shortage of water, the city or its Superintendent may
prorate the water available among the various customers on such a
basis as is deemed equitable by the city or its Superintendent.
The city may also prescribe a schedule of hours covering use
of water and require adherence, thereto or prohibit the use of water
for specified purposes, for such appropriate period of time as may
be necessary under the circumstances.
(Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.091 APPLICATION FOR SERVICE.
Each customer must make written application for water and/or sewer
service at the City Hall. The application,
including service received there-under, is not assignable by the
customer. (Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.092 WATER TO BE USED FOR DOMESTIC
COMSUMPTION ONLY; RESALE PROHIBITED.
Water furnished by the city may be used for domestic consumption by
the customer, member of his household, or employee only.
The customer shall not sell or give the water to any other
person. (Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.093 CUSTOMERS WITH BOILERS OR PRESSURE
VESSELS.
Customers with boilers and/or pressure vessels receiving a supply of
water from the city must have a check valve on the water supply line
and a vacuum valve on the steam line to prevent collapse in case
water supply from the city is discontinued or interrupted for any
reason, with or without notice. (Ord. 83-6,
passed
10-4-83) Penalty, see § 51.999
§ 51.094 USE BY CITY;
USE FOR PUBLIC PURPOSE.
Special terms and conditions may be made where water is used by the
city or by the community for public purposes such as for fire
extinguishment, public parks, and the like.
(Ord. 83-6, passed
10-4-83)
METERS
§ 51.110 INITIAL SERVICE CHARGE AND SECURITY
DEPOSITE.
(A) In addition to all connection charges that
may be required pursuant to Section 51.162 of this Code, all
customers, shall pay an initial service charge of $25 to the city
for water service before such customers shall be entitled to
service. This initial service charge shall be non-refundable.
(Ord. 83-7, passed
10-4-83) (Am. Ord. 93-8, passed
7-12-93; Am. Ord. 96-5, passed
6-12-96)
(B) Commencing on the effective date of this
ordinance, the city shall require a $75.00 security deposit from
each new customer for the purpose of assuring payment of all water,
sewer and trash collection bills by that customer. The city shall
apply this deposit amount toward any balance due at the time service
is voluntary or involuntary terminated.
§ 51.110 METERS INSTALLED, MAINTAINED AT EXPENSE
OF CITY.
All meters shall be installed, renewed, and maintained at the
expense of the city. The city reserves the right
to determine the size and type of meter used.
(Ord. 83-6, passed
10-4-83)
§ 51.112 TESTING METERS; FEE.
Upon written request of any customer, the meter serving that
customer shall be tested by the city. Such a
test will be made without charge to the customer if the meter has
not been tested within 12 months preceding the requested test.
Otherwise, a charge of $3 will be made and then only if the
test indicates meter accuracy within the limits of 2%, adjustments
shall be made for the two preceding months prior to the test
according to the inaccuracy in excess of 2%. (Ord. 83-6, passed
10-4-83)
§ 51.113 DEFECTIVE METER; DETERMINATION OF WATER
CONSUMPTION.
Where a meter has ceased to register, or a meter reading cannot be
obtained, the quantity of water consumed will be based upon an
average of the prior six months' consumption, considering the
conditions of water service prevailing during the period in which
the meter fails to register. (Ord. 83-6, passed
10-4-83)
§ 51.114 USE OF WATER SUPPLIED ON OTHER THAN
METERED BASIS.
In the event that a building or premised discharging sewage, water,
or other wastes into the municipal sewer facilities, uses water
supplied on other than a metered basis from either a private or
public water supply in each such case the owner or occupant may be
required to cause a water meter or other measuring device to be
installed, that is acceptable to the Superintendent.
(Ord. 83-6, passed
10-4-83)
§ 51.115 USE OF WATER NOT BEING DISCHARGED INTO
SEWER FACILITIES; SPECIAL METERS.
In the event any building or premises uses water in excess of 10,000
gallons per month as shown by the water meter readings for two
consecutive months, and it can be shown that a substantial portion
of the water as so measured does not and cannot enter the municipal
sewer facilities, then the Superintendent may determine, in such a
manner as may be found practicable, the amount of water entering the
sewers, in which event the sewer rate or charge shall be based
thereon. In the alternative, the Superintendent
may require or permit the installation of additional meters or
measuring devices in such a manner as to determine the quantity of
water or sewage actually entering the municipal sewer facilities, in
which case the sewer rate or charge shall be based thereon.
(Ord. 83-6, passed
10-4-83)
DISCHARGES
§ 51.130 DEPOSITS OF GARBAGE, WASTES TO
NON-SEWER FACILITIES PROHIBITED.
It shall be unlawful for any person to place, deposit, or permit to
be deposited in any unsanitary manner on public or private property
within the city, any garbage or other objectionable waste, or to
discharge to any natural outlet within the city, any sewage,
industrial wastes, or other polluted waters, except where suitable
treatment has been provided under the supervision of the
Superintendent or other duly authorized city official. (Ord. 83-6,
passed
10-4-83) Penalty, see § 51.999
§ 51.131 INFLAMMABLE SUBSTANCES, SUBSTANCES
WHICH MIGHT CAUSE OBSTRUCTIONS PROHIBITED.
No substances shall be placed or discharged into the municipal sewer
system which will create a combustible, gaseous, explosive, or
inflammable condition in the system, nor shall any substances or
objects be placed or discharged into the municipal sewer system
which will not dissolve and which will thus cause an obstruction and
clogging within the system. No petroleum
products shall be placed or discharged into the municipal sewer
system. (Ord. 83-6, passed
10-4-83) Penalty, see § 51.999
§ 51.132 DISCHARGE OF UNPOLLUTED WATERS.
(A) No person shall discharge or cause to be
discharged any storm water, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water, or unpolluted
industrial process waters to any sanitary sewer.
(B) Storm water shall be discharged to such
sewers as are specifically designated as storm sewers or to a
natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be
discharged, on approval of the Superintendent, to a storm sewer or
natural outlet provided a National Pollutant Discharge Elimination
System (NPDES) permit has been issued from the federal Environmental
Protection Agency and from the state.
§ 51.133 PROHIBITED DISCHARGES.
No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil, or
other flammable or explosive liquid, solid, or gas.
(B) Any waters or wastes containing toxic
substances, liquids, or gases in sufficient quantity, either singly
or by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance, or violate the discharge permits of the
city.
(C) Any waters or wastes having a pH lower than
5.5, or having any other corrosive property capable of causing
damage or hazard to structures, equipment, and personnel of the
sewage works.
(D) Solid or viscous substances in quantities or
of such a size capable of causing obstruction to the flow in sewers,
or other interference with the proper operation of the sewage works
such as, but not limited to ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood,
un-ground garbage, paunch manure, hair and fleshings, entrails,
paper dishes, cups, milk containers, and the like, either whole or
ground by garbage grinders, nor shall tree roots or other
undergrowth and vegetation be allowed to obstruct or otherwise
damage the public sewer system. The city shall retain a professional
land survey as necessary to assist in its determination of the party
or parties responsible for any such interference.
(Ord. 86-1, passed
1-8-86; Am Ord. 98-5, passed
7-15-98)) Penalty, see § 51.999
§ 51.134 CERTAIN DISCHARGES RESTRICTED.
(A) No person shall discharge or cause to be
discharged the following described substances, materials, waters, or
wastes if it appears likely in the opinion of the Superintendent
that such wastes can harm either the sewers, sewage treatment
process, or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger the life, limb, public property,
or constitute a nuisance. In forming his opinion
as to the acceptability of these wastes, the Superintendent will
give consideration to such factors as the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the wastewater treatment
process, capacity of the wastewater treatment plant, degree of
treatability of wastes in the wastewater treatment plant, and other
pertinent factors. The substances are:
(1) Any liquid or
vapor having a temperature higher than 150 degrees F.
(65`C.).
(2) Any waters or
wastes containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100
milligrams per liter or containing
substances which may solidify or
become viscous at temperatures between
32`F. and 150`F. (0`C. and 65`C.).
Solid or viscous substances which will
or may cause interference with the
free flow in a sewer or otherwise
interfere with the proper operation
of the wastewater treatment system.
(3) Any garbage that
has not been properly shredded. The installation
and
operation of any garbage grinder
equipped with a motor of ľ horsepower
(0.76 HP metric) or greater shall
be subject to the review and approval of
the Superintendent.
(4) Any waters or
wastes containing strong acid iron pickling wastes, or
concentrated plating solutions
whether neutralized or not.
(5) Any waters or
wastes containing iron, chromium, copper, zinc, and similar
objectionable heavy metals or toxic
substances; or wastes exerting an
excessive chlorine requirement, to
such degree that any such material
received in the
composite sewage at the wastewater treatment works
exceeds the limits established by
the Superintendent for such materials and
results in violation of the city's
N.P.D.E.S. discharge limitations permit.
(6) Any waters or
wastes containing phenols or other taste- or odor-producing
substances, in such concentrations
exceeding limits which may be
established by the Superintendent
as necessary, after treatment of the
composite sewage, to meet the
requirements of the state, federal, or other
public agencies of jurisdiction for
such discharge to the receiving waters.
(7) Any radioactive
wastes or isotopes of such half-life or concentration as may
exceed limits established by state
or federal regulations.
(8) Any waters or
wastes having a pH in excess of 9.0.
(9) Materials which
exert or cause:
(a) Unusual concentrations of inert suspended
solids such as, but not limited to, sodium chloride and sodium
sulfate.
(b) Excessive discoloration such as, but not
limited to, dye wastes and vegetable tanning solutions.
(c) Any materials, waters, or wastes that exceed
any of the maximum concentrations of 500 milligrams per liter of
suspended solids, or 50 milligrams per liter of chlorine demand in
such quantities as to constitute a significant load on the sewage
treatment plant. A significant load shall mean a
sewage treatment plant influent flow with maximum concentrations of
220 milligrams per liter for BOD or 300 milligrams per liter for
suspended solids. The Superintendent may reduce
the allowable maximum concentrations in the discharges from the
sewage users if the concentrations in the influent flow to the
treatment plant exceed the above stated concentrations.
(d) Unusual volume of flow or concentration of
constituting "slugs" as defined in 51.001.
(1)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processed
employed, or are amenable to treatment only to such degree that the
wastewater treatment
plant effluent cannot meet the
requirements of other agencies having
jurisdiction over discharge to the
receiving waters.
(B) If any waters or wastes are discharged or
are proposed to be discharged to the public sewers, which waters
contain the substances or possess the characteristics enumerated in
division (A) above, and which in the judgment of the Superintendent
may have a deleterious effect upon the sewage works, processes,
equipment, or receiving waters, or which otherwise create a hazard
to life or constitute a public nuisance, the Superintendent may:
(1) Reject
the wastes;
(2) Require
pretreatment to an acceptable condition for discharge to the
public sewers;
(3) Require
control over the quantities and rates of discharge; and/or
(4) Require payment to
cover the added cost of handling and treating the
wastes not covered by existing taxes
or sewer charges under the
provisions of 51.141.
If the Superintendent permits the pretreatment or equalization of
waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent
and subject to the requirements of all applicable codes, ordinances,
and laws. (Ord. 86-1, passed
1-8-86) Penalty, see 51.999
§ 51.135 COMPLIANCE WITH FEDERAL
AND STATE GUIDELINES REQUIRED.
Any user of the public sewer who discharges industrial waste or
matter must satisfy and meet such federal government guidelines for
pretreatment (40 CFR 403 and Section 307 of the Clean Water Act,
Public Law 95-217) as may be prescribed from time to time by the
Environmental Protection Agency, or its successor agency, and such
by the State Department for Natural Resources and Environmental
Protection or its successor agency. The user
shall furnish at its own expense that necessary monitoring equipment
for such pretreatment as may be reasonable necessary in the opinion
of the Superintendent. (Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.136 GREASE, OIL,
AND SAND
INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the
opinion the Superintendent, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or
any flammable wastes, sand, or other harmful ingredients; however,
such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Superintendent and shall be located as to be readily
and easily accessible for cleaning and inspection. In the
maintaining of these interceptors the owner shall be responsible for
the proper removal and disposal by appropriate means of the captured
material and shall maintain records of the dates and means of
disposal which are subject to review by the Superintendent.
Any removal and hauling of the collected materials not
performed by the owner's personnel must be performed by currently
licensed waste disposal firms.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.137 MAINTENANCE OF PRETREATMENT FACILITIES
Where preliminary treatment or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner at
his expense.
(Ord. 86-1, passed
1-8-86)
Penalty, see § 51.999
§ 51.138 STRUCTURES FOR SAMPLING, OBSERVATION
MAY BE REQUIRED BY CITY.
When required by the Superintendent, the owner of any property
serviced by a building sewer carrying industrial wastes shall
install a suitable control manhole, together with such necessary
meters and other appurtenances in the building sewer, to facilitate
observation, sampling, and measurement of the wastes.
Such a manhole, when required, shall be constructed in
accordance with plans approved by the Superintendent.
The manhole shall be installed by the owner at his expense
and shall be maintained by him so as to be safe and accessible at
all times.
(Ord. 86-1, passed
1-8-86) Penalty, see § 51.999
§ 51.139 "STANDARD METHODS FOR EXAMINATION OF
WATER AND WASTEWATER"
TO BE USED BY CITY.
All measurements, tests, and analyses of the characteristics of
waters and wastes to which reference is made in this chapter shall
be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater" published
by the American Public Health Association, and shall be determined
at the control manhole. In the event that no
special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb, and property.
(The particular analyses involved will determine whether a
24-hour composite of all outfalls of a premise is appropriate or
whether a grab sample or sample should be taken.
Normally, but not always, BOD and suspended solids analyses are
obtained from 24-hour composites of all outfalls whereas pH's are
determined from periodic grab samples.) (Ord.
86-1, passed
1-8-86)
§ 51.140 USER TO PROVIDE DISCHARGE INFORMATION.
The Superintendent may require a user of
sewer services to provide information needed to determine compliance
with this subchapter.
These requirement may include:
(A) Wastewaters discharged peak rate and volume
over a specified time period.
(B) Chemical analysis of wastewaters.
(C) Information on raw materials, processes, and
products affecting wastewater volume and quality.
(D) Quantity and disposition of specific liquid,
sludge, oil, solvent, or other materials important to sewer use
control.
(E) (Ord. 86-1, passed
1-8-86)
RATES AND CHARGES
§ 51.160 NO FREE
OR REDUCED CHARGE SERVICE.
(A) No person, firm, corporation or other user
shall be permitted to obtain water from the city or to use the
city's sewer system, without charge or at less than the standard
rate in effect and duly authorized by the city.
(B) All recipients of water or sewer service
from the city without charge or at less than the standard rate prior
to the effective date of this section, whether located within or
outside the city limits, shall pay for such service on a monthly
basis in accordance with the rates then in effect, or as duly
authorized by subsequent action of the city.
(C) Failure to pay such charges when due will
result in termination of water service and use of the sewer system.
(Ord. 82-7, passed
8-3-82) Penalty, see § 51.999
§ 51.161 MONTHLY WATER RATES.
The rates and charges for water services furnished by the city are
hereby fixed and established on a monthly basis as follows:
(A) Minimum Water Rate.
The minimum water bill shall be $24.92 per month, and each
water customer shall be entitled to 2,000 gallons (or less) of water
in each month for such minimum charge.
(B) Meter Rates for Water Usage in Addition
to Minimum Charge. Subject to the minimum monthly water rate
specified in division (A) of this section, the following metered
charges shall be made for each 1,000 gallons of water consumption
per month to customers of all size connections:
NUMBER OF GALLONS
MONTHLY CHARGE PER
OF WATER
PER
MONTH 1,000
GALLONS
First 2,000 or less
$12.46
(minimum monthly charge)
Next 2,000
$7.33
Next 2,000
$6.73
Next 4,000
$6.28
All over 10,000 gallons
$5.81
(C) The foregoing monthly water rates, exclusive
of the minimum rate of $24.92 for the first 2,000 gallons or less of
water per month, shall be applied in increments of 100 gallons or
less. For example, if a customer uses more than 2,000 gallons and no
more than 2,100 gallons of water in any month, the bill to the
customer for that month shall be $25.65 consisting of the minimum
bill of $24.92 for the first 2,000 gallons, plus $.73 for the next
100 gallons or less of water consumed in that month.
(Ord. 83-7, passed
10-4-83; Am. Ord. 87-4, passed
12-7-87; Am. Ord. 01-06, passed
12-12-01)
The above rates shall take effect on
July 15, 2009 and shall be payable in accordance with
September 2009 billings.
(D) Water Rate Adjustments Based on Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years,
the water rates (as provided in subsections (A) (B) and (C) above
shall be increased by a percentage equal to the increase in the
Customer Price Index as determined and published by the Federal
Reserve Bank of Cleveland, Ohio for the previous calendar year. In
the event that the Consumer Price Index reflects no increase or a
decrease, the water rates shall remain unchanged. Nothing in this
subsection shall preclude the
City Commission from otherwise increasing or decreasing the water
rates in any amount by subsequent ordinance.
§ 51.162 WATERWORKS CONNECTION CHARGE; SERVICE
CHARGE.
(A) The waterworks connection charge shall be
$750 for all standard-size connections. There
shall be a separate $750 connection charge for each service unit of
any multi-unit dwelling structure or business structure regardless
of the number of
actual physical connections servicing the multi-unit structure.
Charges for larger-size connections shall be determined by
the city on an individual basis.
(B) All users, excepts those users paying the
$750 waterworks connection charge, shall pay a nonrefundable service
charge of $75 to the city before such user shall be entitled to
water service.
(Ord. 83-7, passed
10-4-83; Am. Ord. 00-10, passed
9-20-00)
§ 51.163 MONTHLY SEWER RATES
AND
CHARGES.
(A) For the purpose of this section the
following definitions shall apply unless the context clearly
indicates or requires a different meaning.
"CHARGES FOR DEBT OF SERVICE."
Charges levied on users of the wastewater
treatment system to support the annual debt service obligation of
the system.
"EXCESSIVE STRENGTH OR TOXICITY SURCHARGES."
Charges levied on users of the wastewater treatment system
whose contributions contain pollutants (both conventional and toxic)
in concentrations which exceed limits specified by this chapter for
such pollutants.
"SEWER SERVICE CHARGES."
A system of user charges, excessive strength or toxicity
surcharges, sewage treatment surcharge, and a system of charges for
debt service.
"SEWER USER CHARGES."
Charges levied on all users who discharge, or cause or permit
the discharge of, sewage into the public wastewater treatment
system.
"USER CJARGES."
Charges levied on users of the wastewater
system to offset the cost of operation and maintenance of the
system.
(B) Sewer service charge.
The sewer service charge shall be $10.88 per month for each customer
of the wastewater treatment system, which is the rate for debt
service charges. (Am. Ord. #01=06, passed
12-12-01)
(C) SEWAGE TREATMENT FEE.
(1) In
addition to the monthly sewer service charge, a sewage treatment
fee, based insofar as
possible upon the metered quantity of water
supplied to the respective buildings
or premises, shall be paid by all
customers of the
wastewater treatment system, and shall be in an
amount equal to $5.18 per
month for each 1,000 gallons of water
discharged into the
wastewater treatment system. The above rates
shall take effect on
July 15, 2009 and shall be payable in
accordance with the
September 2009 billings (Am. Ord. #01-06,
passed
12-12-01)
(2) The
sewage treatment fee provided in division (C) (1) is based on the
underlying assumption that
all metered water consumption is
eventually returned to the
wastewater treatment system. Where is can
be evidenced
that the proportion of water actually returned to the
treatment system by an
individual customer is significantly different
from the metered
consumption, the sewage treatment fee shall be
determined on the basis of
measured or estimated wastewater
discharge.
The city reserves the right to determine by whatever means
and methods it may find
practicable, the amount of water consumption
or wastewater discharge
that shall be used to compute the sewage
treatment fee.
(D) Excessive strength or toxicity surcharge.
Users having a discharge over the normal sewage strength of
300 milligrams per liter total suspended solids or 250 milligrams
per liter biochemical oxygen demand shall incur an additional charge
to be determined on the basis of the variable costs attributed to
wastewater strength.
(E) The sewer service charge, together with the
sewage treatment fee, shall be billed to each user on a monthly
basis in accordance with § 51.167.
(F) Each user shall be notified, at least
annually, in conjunction with a regular bill, of the rate and that
portion of the total charge which is attributable to operation and
maintenance of the sewage system.
(G) The city shall review not less often than
every two years the sewage contribution of users, the total cost of
operation and maintenance of the sewage works, and user charges.
User charges shall be revised as necessary to accomplish the
following:
(1) Maintain
the proportionate distribution of operation and maintenance
cost among users of the
treatment system.
(2) Generate sufficient
revenues to offset costs associated with the proper
operation and maintenance of the
sewage system.
(3) Excessive
strength or toxicity surcharges shall be reviewed at the time
of and in conjunction with
the review of user charges. Surcharge rates
shall be revised where
necessary to reflect current treatment and
monitoring costs.
(Ord 86-1, passed
1-8-86)
(H) Sewer Rate Adjustments Based Upon Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years,
the sewer treatment fee as provided in subsections (B) and (C), (1)
herein shall be increased by a percentage equal to the increase in
the Consumer Price Index as determined and published by the Federal
Reserve Bank of Cleveland, Ohio for the previous federal fiscal
year. In the event that the Consumer Price Index reflects no
increase or a decrease, said charge and fee shall remain unchanged.
Nothing in this subsection shall preclude the City Commission from
otherwise increasing or decreasing the service charge or treatment
fee by subsequent ordinance.
§ 51.164 SPECIAL RATES FOR UNUSUAL DISCHARGES.
(A) In the event the sewage, water, or other
liquid wastes being discharged into the municipal sewer facilities
from any building or premises contains unduly high concentrates of
any substances which add to the operation costs of the municipal
sewer facilities, then special rates, rentals, or charges may be
established, charged, and collected as to such building or premises,
or the owner or other interested party may be required to specially
treat such sewage, water, or other liquid wastes before discharge
into the municipal sewer facilities.
(B) Whenever it is determined by the
Superintendent to be necessary to classify any commercial
institutions or industries by reason of the unusual purpose for
which
water is used, or by reason of the character of the sewage, water,
or other liquid wastes discharged therefrom, or whenever the
established schedules of rates and charges for any reason are not
applicable, then special rates or other charges may be established
by the City Commission. Any person, firm, or operation being
dissatisfied with the established schedules or rates and charges by
reason of peculiar or unusual use of or occupancy of any premises,
and consequently alleging peculiar or unusual uses of water, may
file application with the City Commission or with any other board or
body of the city which may be in charge and control of the municipal
waterworks and sewer systems, for special classification rates and
charges.
(Ord. 83-6, passed
10-4-83)
§ 51.165 SEWER CONNECTION CHARGES.
The sewer connection charge shall be $750 for all size connections.
There shall be a $750 connection charge for each service unit of any
multi-unit dwelling structure or business structure regardless of
the number of actual physical connections servicing the multi-unit
structure. (Ord. 83-7, passed
10-4-83; Am ord. 89-5, passed
8-7-89)
§ 51.166 SINGLE METER SERVING MULTI-UNIT
PREMISES.
Where two or more tenants or occupants (of different rental units)
of property, including duplexes, apartment houses, mobile home
parks, trailer parks, or other multi-unit premises, are served by a
single water meter, the water and sewer rates and charges to each
tenant or occupant shall be computed by dividing the number of
gallons of water registered by the single meter by the number of
customers being served though the meter and applying the result thus
obtained to the water and sewer rate schedules set out in § 51.161
and 51.163 to arrive at the monthly bill for each tenant or
occupant. Each tenant or occupant shall be
separately billed unless the owner or operator of the property has
agreed with the city to pay the total monthly water and sewer bill
for the property. In no event shall the monthly
bill applicable to each tenant or occupant be less than the minimum
water and sewer rates stipulated in § 51.161 and
51.163. (Ord. 83-7, passed
10-4-83)
§ 51.167 BILLING PROCEDURE, DELINQUENT PAYMENTS.
(A) Bills and notices relating to the conduct of
the business of the city will be mailed to the customer at the
address listed on the application unless a change of address has
been filed in writing with the city. The city
shall not otherwise be responsible for delivery of any bill or
notice nor will the customer be excused from the payment of any bill
or any performance required in the notice.
(B) Meters will be read monthly between the
fifteenth and twentieth of each month.
(C) Bills for water and sewage service are due
and payable at City Hall, or to any designated agent, on their date
of issue. (Ord. 83-6, passed
10-4-83)
(D) (1) The water and sewer rates or
charges shall be billed monthly on
statements which shall be issued
on or about the first of each month and all
bills for such service shall be
considered due and payable fifteen days after
the date of issue.
If a bill is not paid within fifteen days after such date of
issue the bill shall be considered
delinquent and there shall be imposed a
penalty on each bill not so paid
in an amount equal to 10% of the charges
(other than sales tax) shown on
the face amount of the delinquent bill. The
city shall serve a customer a
written notice of his delinquency and of the
fact that the customer is
entitled, upon written request, to a hearing on the
question of termination of
service. If the bill is not paid within ten days
after the mailing of the notice
and if no hearing is requested or if a hearing
is requested and timely held and
such customer's delinquency is thereby
established, the city may
disconnect the water service of the customer
without further notice.
If water service is disconnected by the city by
reason of delinquency in the
payment of any water or sewer bill,
reconnection of such service shall
not be made until the owner or user pays
all charges and penalties owed
plus the amount of $25 as a disconnection
and reconnection charge.
If any deadline date falls on a Sunday or legal
holiday, such deadline shall not
expire until the next secular day thereafter.
(Ord. 83-7, passed
10-4-83;Am ord. 96-7, passed
8-14-96)
(2) The owner
of the premises receiving the water and sewer service shall
be primarily liable for all
charges for each water or sewer service
account, and in the event
of termination or notice thereof of service to
premises, the hearing
procedures within § 51.181 of the City Code as
well as the billing
procedures within § 51.167 (D) of the City Code
shall be implemented. The
city shall not renew services to any such
premises until the
delinquency has been paid or otherwise settled.
(E) If prior to discontinuance of service as
provided in division (D), there is delivered to the city, or to its
employee empowered to discontinue service, a written certificate
signed by a physician, registered nurse, or public health officer
that, in the opinion of the certifier,
discontinuance of service will aggravate an existing illness
or infirmity of a person on the affected premises, service shall not
be discontinued until the affected resident can make other living
arrangements or until ten days elapse from the
time of the city's receipt of the certification, whichever occurs
first.
(Ord. 83-6, passed
10-4-83)
ADMINISTRATION AND
ENFORCEMENT
§ 51.180 INSPECTIONS.
(A) The Superintendent and other duly-authorized
employees of the city, the State Department for Natural Resources
and Environmental Protection, and the federal
Environmental Protection Agency, bearing proper credentials and
identification shall be permitted to enter all properties at
reasonable hours and times for the purposes of inspection,
observation, measurement, sampling, and testing in accordance with
the provisions of this chapter. The
Superintendent or his representatives shall have no authority to
inquire into any processes, including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries, beyond that point
having a direct bearing on the kind and source of discharge to the
sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on
private properties referred to in division (A) above, the
Superintendent or duly-authorized employees of the city shall
observe all safety rules applicable to the premises established by
the property owner, and the property owner shall be held harmless
for injury or death to the city employees. The
city shall indemnify the owner against loss or damage to its
property by city employees and against liability claims and demands
for personal injury or property damage asserted against the owner
and growing out of the gauging and sampling operation, except as
such may be caused by negligence or failure of the owner to maintain
safe conditions as required in § 51.138.
(C) The Superintendent and other duly-authorized
employees of the city bearing proper credentials and identification
shall be permitted to enter all private properties through which the
city holds a duly-negotiated easement for the purposes of, but not
limited to inspection, observation, measurement, sampling, repair,
and maintenance
of any portion of the sewage works lying within the easement.
All entry and subsequent work, if any, on the easement, shall
be done in full accordance with the terms of the easement pertaining
to the private property involved.
(Ord. 86-1, passed
1-8-86)
(D) The premises receiving a supply of water,
and all service lines, meters, and fixtures, including any fixtures
within the premises, shall at all reasonable hours be subject to
inspection by the duly-authorized employees of the city.
(Ord. 83-6, passed
10-4-83)
§ 51.181 HEARING BOARD.
A hearing Board may be appointed as needed for arbitration of
differences between the Superintendent and sewer users on matters
concerning interpretation and execution of the provisions of this
chapter by the Superintendent. The cost of the
arbitration will be divided equally between the city and the sewer
user.
(Ord. 86-1, passed
1-8-86)
§ 51.182 USE OF CITY
PROPERTY FOR RENOVATION OF SEWER SYSTEM AUTHORIZED.
Use of the city's property, streets, and alleys for the purpose of
renovation of the city's sewer system including, but not limited to,
installation of sewer lines and connection of lines across and under
city property to other lines of the sewer system, is authorized.
(Ord. 84-3, passed
10-3-84)
§ 51.183 EASEMENT RIGHT-OF-WAY TO BE GRANTED BY
EACH CUSTOMER.
Each customer shall grant or convey, or shall cause to be granted or
conveyed to the city, a perpetual easement and right-of-way across
any property owned or controlled by the customer whenever the
easement or right-of-way is necessary for the city water and/or
sewer facilities and lines so as to enable the city to furnish
service to the customer. (Ord. 83-6, passed
10-4-83)
§ 51.184 CITY
OWNS LINES, METERS, AND
THE LIKE.
The city shall own all lines, meters, and other water and sewer
equipment as shall be paid for by the city.
(Ord. 83-6, passed
10-4-83)
§ 51.185 DISCONTINUANCE OF SERVICE.
(A) Water service may be discontinued by the
Superintendent for any violation of any rule, regulation, or
condition of service and especially for any of the following
reasons:
(1)
Misrepresentation in the application or contract as to the property
or
fixtures to be supplied,
as to additional use of water and/or sewer
service, or as to unusual
or extraordinary use of sewer facilities.
(2) Failure
to report to the city additions to the property or fixtures to be
supplied, or of additional
use of water and/or sewer service.
(3) Resale or
giving away of water.
(4) Waste or
misuse of water due to improper or imperfect service pipes
and/or failure to keep
same in suitable state of repair.
(5) Tampering
with meter, meter seal, service, or valves, or permitting
such tampering by others.
(6)
Connection, cross-connection, or permitting the same, of any
separate
water supply to premises
which receive water form the city.
(7)
Nonpayment of bills.
(B) Any customer desiring to discontinue the
water and/or sewer service to his premises for any reason must give
notice of discontinuance in writing at the City Hall.
Otherwise, a customer shall remain liable for all water used
and water and/or sewer services rendered to such premises by the
city. (Ord. 83-6, passed
10-4-83)
§ 51.186 INTERRUPTION OF SERVICE.
The city shall make all reasonable efforts to eliminate interruption
of service, and, when such interruptions occur, will endeavor to
reestablish service with the shortest possible delay.
When the service is interrupted, all consumers affected by
such interruption will be notified in advance whenever possible.
(Ord. 83-6, passed
10-4-83)
§ 51.187 REFUSAL OF SERVICE
The city may refuse service to any person not presently a customer
when, in the opinion of the city, the capacity of the facilities
will not permit such services.
(Ord. 83-6, passed
10-4-83)
§ 51.188 COMPLAINTS.
Complaints may be made to the Superintendent whose decision may be
appealed to the City Commission within ten days.
Otherwise, the Superintendent's decision will be final.
(Ord. 83-6, passed
10-4-83)
§ 51.189 LIABILITY
(A) The city shall in no event be held
responsible for any claim made against it by reason of the breaking
of any mains or service pips, or by reason of any other interruption
of the supply of water caused by the failure or breakage of
machinery or stoppage for necessary repairs. No
person shall be entitled to damages nor for any portion of a payment
refunded for any interruption of service which in the opinion of the
city may be deemed necessary.
(B) If any loss or damage to the property of the
city or any accident or other injury to persons or property is
caused by or results from the negligence or wrongful action of the
customer, or a violation of any provisions of this chapter, member
of his household, or his agent or employee, the cost of the
necessary repairs or replacements shall be paid by the customer to
the city, and any liability otherwise resulting shall be that of the
customer.
(Ord. 83-6, passed
10-4-83; Am. Ord 98-5, passed
7-15-98)
§ 51.190 AMENDMENT OF REGULATIONS.
(A) These regulation may be changed or amended
by subsequent ordinance.
(B) However, those sections of this chapter
based on Ordinance 83-6, passed
10-4-83,
shall not be amended without the permission of the holders of a
majority (in amount) of outstanding bonds of the city, plus the
permission of the Farmers Home
Administration, United States Department of Agriculture, as long as
the United States
is the owner or insurer of any bonds issued by the city and so long
as any of the bonds remain unpaid. (Ord. 83-6,
passed 10-4-83)
EXTENSION OF SERVICE
§ 51.210 CONTRACT BETWEEN CUSTOMER,
CITY REQUIRED.
All line extensions shall be evidenced by a contract signed by the
city and the person advancing funds for the extension.
Each contract shall be null and void unless approved by the
Farmers Home Administration and other governing bodies.
(Ord. 83-6, passed
10-4-83)
§ 51.211 CUSTOMER TO PAY COSTS; REFUND OF
ADVANCE PAYMENTS.
(A) The city will construct extensions to its
water and sewer lines to points within its service area, but the
city is not required to make any such installation unless the
customer pays to the city the entire cost of the installation.
(B) If refund of an advance is to be made, the
following method shall apply: the refund shall
be in an amount equal to 20% of the total gross revenue of water
sales per year for each service connected to the new extension
prescribed in the agreement for a period not to exceed five years,
provided the aggregate payments do not exceed the total amount
deposited. No refund shall be made from any
revenue received from any lines leading up to or beyond the
particular line extension covered by contract.
(Ord. 83-6, passed
10-4-83)
§ 51.212 MANNER OF INSTALLATION GOVERNED BY
CITY.
All decisions in connection with the manner of installation of any
extension and maintenance thereof shall remain in the exclusive
control of the city; such extension
shall be the property of the city; and no other person shall have
any right, title, or interest therein. (Ord.
83-6, passed
10-4-83)
§ 51.999 PENALTY
(A) Any person found to be violating any
provision of this chapter except § 51.002 shall be served by the
city with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in the
notice, permanently cease all violations.
(B) Any person who shall continue any violation
beyond the time limit provided for in division (A) above shall be
guilty of a misdemeanor, on conviction thereof, shall be fined in an
amount not exceeding $500 for each violation, owner shall be liable
to the City in the form of restitution of all costs and expenses in
accordance with § 51.189 (B) each day in which any violation
continues shall be deemed a separate offense.
(C) Any person violating any of the provisions
of this chapter shall become liable to the city for any expense,
loss, or damage occasioned to the city by reason of the violation.
(Ord. 86-1, passed
1-8-86; Am. Ord. 98-5, passed
7-15-98)
WATER SHORTAGES
§ 51.300 PURPOSE
The purpose of this ordinance is to provide for the dedication of
official phases of water supply shortage situations and the
implementation of voluntary and mandatory water conservation
measures throughout the City in the event a shortage is declared.
Nothing in this ordinance shall be construed to interfere with
common law riparian or statutory water rights.
§ 51.301 DEFINITIONS
(A) “Customer,” as a term is used in this ordinance, shall mean any
person using water for any purpose from the City’s water
distribution system and for which either a regular charge is made
or, in the case of bulk sales, a case charge is made at the site or
delivery.
(B) “Other Sources of Water” as the term is used in this ordinance,
shall mean water that has not been introduced by the City into its
water distribution system.
(C) “Raw Water Supplies,” as the term is used in this ordinance,
shall mean all water potentially available to persons in the City of
New Castle.
(D) “Treated Water,” as the term is used in this ordinance, shall
mean water that has been introduced by the City into its water
distribution system, including water offered for sale. Used of
treated water are classified as follows:
1.
Essential Water Uses (Class 1):
The following uses of water, listed by site or user type, are
essential.
(a)
Domestic:
-Water necessary to sustain human life and the lives of domestic
pets, and to maintain minimum standards of
hygiene and sanitation.
(b)
Health Care Facilities:
-Patient care and rehabilitation
(c)
Water Hauling:
-Sales for domestic use where not reasonably available elsewhere.
(d)
Public Use:
-Fire-fighting
-Health and public protection purposes, as specifically approved by
health officials and the municipal governing
body.
2. Socially or
Economically Important Use of Water (Class 2)
The following uses of water, listed by site or user type, are
socially or economically important.
(a)
Domestic:
-Personal, in-house water use including
kitchen, bathroom,
laundry.
(b)
Water Hauling:
-Non-domestic, when other sources are
not reasonably available
elsewhere
(c)
Commercial and Civic Use:
-Commercial car and truck washes
-Laundromats
-Restaurants, clubs and eating places
-Schools, churches, motels/hotels and
similar commercial
-Establishments
(d)
Outdoor Non-Commercial Watering:
-Minimal watering of vegetable
gardens
-Minimal watering of trees where
necessary for their survival
(e)
Outdoor Commercial or Public Watering (using conservation methods
And when other sources of water are not available or feasible to
use):
-Agricultural irrigation for the
production of food and fiber or
Maintenance of lice stock
-watering by arboretums and public
gardens of national, state,
regional or community
significance where necessary to
preserve specimens
-watering by commercial nurseries
where necessary to maintain
stock
-watering where necessary to
establish or maintain
re-vegetation or landscape
plantings required pursuant to law
or regulation.
-watering of woody plants where
necessary to preserve them
-minimal watering of golf course
greens.
(f)
Recreational:
-operation of municipal swimming
pools and residential pools
that serve more than 25
dwelling units.
(g)
Air Conditioning:
-refilling for startup at the
beginning of the cooling season
-makeup of water during the
cooling season
-refilling specifically
approved by health officials and the
municipal governing body,
where the system has been drained
for health protection or
repair services.
3.
Non-Essential (Class 3):
Any use of water, as defined herein, is non-essential. The following
uses of water, listed by site or user type, are also non-essential.
(a)
Public Use:
-use of fire hydrants
(excluding Class 1 and Class 2 uses),
including use of sprinkler
caps, testing fire apparatus and
fire department drills
-flushing of sewers and
hydrants except as needed to ensure public
health and safety as
approved by health officials and the
municipal governing body.
(b) Commercial and Civil Use:
-serving water in
restaurants, clubs, or eating places, except by
customer request
-failure to repair a
controllable leak
-increasing water levels in
scenic and recreational ponds and
lakes, except as necessary
to support fish and wildlife.
(c) Ornamental Purposes:
-fountains, reflecting
pools and artificial waterfalls.
(d) Outdoor Non-Commercial Watering:
-use of water for dirt
control or compaction
-watering of annual or
non-woody plants other than vegetable
gardens
-watering of lawns, parks,
golf course fairways, playing fields
and other recreational
areas.
-washing sideways,
walkways, driveways, parking lots, tennis
courts or other
hard-surface areas.
-washing down buildings or
structures for purposes other than
immediate fire
protection.
-flushing gutters or
permitting water to run or accumulate in any
gutter or street.
(e)
Outdoor Commercial or Public Watering:
-expanding nursery
facilities, placing new irrigated agricultural
land in production, or
planting of landscaping except when
required by a site design
review process
-uses of water for dirt
control or compaction
-watering of lawns, parks,
golf course fairways, playing fields
and other recreational
areas
-washing sidewalks,
walkways, driveways, parking lots, tennis
courts or other
hard-surface areas
-washing down buildings or
structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(f)
Recreation uses other than those specified in class 2
(g)
Non-commercial washing of motor and other vehicles.
(h)
Air Conditioning (see also Class 2 for purposes):
-refilling cooling towers
after draining.
(E) “Waste of Water,” as the term is used in
this ordinance, includes, buy is not limited to (1) permitting water
to escape down a gutter, ditch, or other surface drain, or (2)
failure to repair a controllable leak of water due to the defective
plumbing.
(F) Water Shortage Response Phase:
“Advisory,” as the term is used in this ordinance, shall mean that
conditions exist which indicate the potential for serious water
supply shortages.
“Alert,” as the term is used in this ordinance, shall mean that raw
water supplies are consistently below seasonal averages, and if they
continue to decline, may not be adequate to meet normal needs.
“Emergency,” as the term is used in this ordinance, shall mean that
water supplies are below the level necessary to meet normal needs
and that serious shortages exist in the area.
§ 51.302 DECLARATION OF A WATER SHORTAGE ADVISORY.
Whenever the governing body of the City finds that a potential
shortage of raw water supplies is indicated, it shall be empowered
to declare by resolution that a Water Shortage Advisory exists, and
that the water manager or superintendent shall, on a daily basis,
monitor the supply and demands upon that supply. In addition, the
mayor (or his/her agent) is authorized to call upon all water
customers to employ voluntary water conservation measures to limit
non-essential (Class 3) water use and eliminate the waste of water.
This resolution shall be published in the official city newspaper
and may be publicized and through the general news media or any
other appropriate method for making such resolutions public.
§ 51.303 DECLARATION OF A WATER SHORTAGE ALERT.
Whenever the governing body of the City finds raw water supplies to
be consistently below seasonal averages, and if they continue to
decline and may not be adequate to meet normal needs, it shall be
empowered to declare by resolution that a Water Shortage Alert
exists. The City shall continue to encourage voluntary water
conservation measures defined under the Advisory declaration, and
further shall impose a ban on all non-essential (Class 3) water uses
for the duration of the shortage until it is declared to have ended
by resolution of the governing body. Declaration of these
resolutions shall follow the guidelines in section 3 of this
ordinance.
§ 51.304 DECLARATION OF A WATER SHORTAGE EMERGENCY.
Whenever the governing body of the City finds that raw water
supplies are below the level necessary to meet normal needs and that
serious shortage exists, it shall be
empowered to declare by resolution that a Water Shortage Emergency
exists. Essential Uses (Class 1) shall be identified, in specific,
as targets for voluntary conservation initiates. Also, all socially
or Economically Important Uses (Class 2) shall be restricted, and
Non-Essential Uses (Class 3) shall be banned. These restrictions
shall be considered ongoing until the emergency is ended by
resolution of the governing body. Declaration of these resolutions
shall follow the guidelines in Section 3 of this ordinance.
§ 51.305 SHORTAGE WATER RATES.
Upon the declaration of a water shortage as provided in Section 3-5,
the governing body of the City shall have the power to adopt
shortage water rates, by ordinance, designed to conserve water
supplies. Such rates may provide for, but not be limited to: (a)
higher charges per unit for increasing usage (increasing block
rates); (b)
uniform charges for water usage per unit of use (uniform unit rate);
(c) extra charges for use in excess of a specified level (excess
demand surcharge); or (d) discounts for conserving water beyond
specified levels.
§ 51.306 REGULATIONS.
During the effective period of any water supply shortages as
provided for in Section 3-5, the mayor (or city manager or water
superintendent) is empowered to promulgate such regulations as may
be necessary to carry out the provisions of this ordinance, any
water supply shortage resolution, or water shortage rate ordinance.
Such regulations shall be subject to the approval of the governing
body at its next regular or emergency meeting.
§ 51.307 PENALTIES.
Ant person who violates the provisions of this ordinance, who fails
to carry out the duties and responsibilities imposed by this
ordinance, or who impedes or impedes or interferes with any action
undertaken or ordered pursuant to this ordinance shall be subject to
the following penalties.
(A) If the mayor, city manager, water superintendent, or other city
official or officials charged with implementation and enforcement of
this ordinance or a water supply shortage resolution learns of any
violation of any water use restriction imposed pursuant to this
ordinance, a written notice of the violation shall be affixed to the
property where the violation occurred and mailed to the customer of
record and to any other person known to the City who is responsible
for the violation or its correction. Said notice shall describe the
violation and order that it be corrected, cured, or abated
immediately or within such specified time as the City determines is
reasonable under the circumstances. If the order is not complied
with, the City may terminate water service to the customer subject
to the following procedures.
(1)
The City shall give the customer notice by mail that, due to the
violation, water services will be discontinued within a specified
time and that the customer will have the opportunity to appeal the
termination by requesting a hearing scheduled before the City
governing body or a City official designated as a hearing officer by
the governing body.
(2) If such a
hearing is requested by the customer charged with the
violation, he or she
shall be given a full opportunity to be heard
before termination is
ordered.
(3) The governing body or hearing officer shall
make findings of fact
and order whether service should continue
or be terminated.
(B) A fee of $50.00 shall be paid for the reconnection of any water
service terminated pursuant to subsection (a). In the event of
subsequent violations, the reconnection fee shall be $200.00 for the
second violation and $300.00 for each additional violation.
(C) Any customer may also be charged with violation of this
ordinance and prosecuted in Henry District Court. Any person
violating the provisions of this ordinance shall be guilty of a
Class B misdemeanor. Each day’s violation shall constitute a
separate offense.
§ 51.308 SEVERABILITY.
If any provision of this ordinance is declared unconstitutional, or
the application thereof to any person or circumstance is held
invalid, the constitutionality of the
remainder of the ordinance and its applicability to the persons and
circumstances shall not be affected thereby.
§ 51.309 EFFECTIVE DATE.
This ordinance shall take immediately upon adoption or passage.
§ 51.310 EFFECTIVE PERIOD.
This ordinance will remain in effect until terminated by action of
the City Commission.
§ 51.401 PURPOSE AND POLICY.
In order to promote the orderly growth and advancement of existing
and proposed residential, commercial and industrial areas within,
adjacent to or surrounding the city limits of New Castle, so that
said areas may at the proper time be served by water and/or sewer
service and that those areas outside the city limits may be orderly
annexed to the City of New Castle, the City Commission of the City
of New Castle hereby enacts this ordinance so that henceforth city
water and/or sanitary sewer service will not be extended to any of
the aforesaid such areas, including those within the city limits,
except under terms and conditions set forth herein:
(A) For all city water distribution/transmission mains, including
valves, fire hydrants, fire hydrant valves, and service connections,
and all local collector/interceptor sewers, including manholes and
service connections, to be paid for by the person, business or
governmental entity that undertakes the development of those areas
or near the city;
(B) For all water supply treatment, trunk or transmission main and
storage facility improvements, all trunk or outfall sewer
improvements, pumping and treatment facilities, and other such
facility improvements serving the system as a whole to be paid for
from water and sewer user charges and system development charges set
out herein, except as may be otherwise expressly provided;
(C) For operation and maintenance and depreciation expenses to be
paid for from water and sewer user charges, and for appointing such
necessary costs and charges between the original residents and
customers within the corporate limits and those later annexed to the
City in the most equitable manner possible.
(D) For setting forth the uniform requirements for financing capital
improvements to the city’s water and sewer system in order to meet
the demands of anticipated growth and to prevent or reduce inequity
to existing customers that might result if existing customers were
to pay for increases in the cost of water or sewer services
necessitated by added customers and/or additional capital
improvements.
(E) For setting forth the method used to establish system
development charges based on the premise that new customers are
entitled to water and/or sewer service at the same rates charged to
existing customers. It is also recognizes that existing customers
have provided funds for debt retirement, cash financing of
improvements and other additions to the water and/or sewer system
through the payment of water and sewer charges and contributions of
capital prior to the addiction of new customers.
§ 51.402 DEFINITIONS.
For purposes of this section, the following definitions shall apply
unless the context clearly requires a different meaning:
“APPLICANT”.
An applicant is a developer, subdivider or property owner who
applies to the city for permission to extend a water or sewer line
from existing city facilities to a service area. An application may
be an individual, a business entity or a government unit.
“CITY SPECIFICATIONS”.
Minimum standards for equipment and material selection and
installation as set forth in construction details approved by the
City. In the absence or previously approved details, the City Public
Works Director shall determine if proposed equipment, materials, and
installation procedures are approved by the City.
“COLLECTOR SEWER”.
A collector sewer is defined as a sewer, the primary purposes of
which is to collect the flows from individual houses, business,
etc., and transport them to an interceptor sewer.
“EQUIVALENT RESIDENTIAL UNIR or ERU”.
An Equivalent Residential Unit (ERU) is defined as 300 gallons of
water per day or 109,500 gallons of water per year and is intended
to represent the water use associated with one typical single-family
dwelling.
“EXTENSION”.
An extension of a utility line that is the portion of a line from
existing city service to the water distribution system of the
service area, or in the case of sewers, to the sewage collector
system. Extensions may include pumping stations, force mains, water
distribution (and transmission mains) mains and collector (and
interceptor sewers) sewer in mew developments, and any other such
facilities as may be deemed necessary by the city.
“FORCE MAIN”.
A force main is a pipe used to convey wastewater from a pumping
station to a gravity sewer.
“INTERCEPTOR SEWER”.
An interceptor sewer is defined as a sewer, which receives the flow
from one or more collector sewers and transports the wastewater to
the sewage treatment plant.
“INTERVENING APPLICANT”.
An intervening applicant is an applicant who applies to the city for
permission to connect to an intervening line. Should the area
proposed to be served by an applicant be within the service area of
an existing line but wish, or be required by the City, to extend his
own line to City facilities, such applicant would not be considered
an intervening applicant but rather an applicant as defined herein.
“INTERVENING LINE”.
An extension to the connection point of the city water or sewer
system that is constructed or proposed for construction by an
applicant placed between the existing city system and a proposed
development.
“LICENSED INSPECTING ENGINEER”.
Any engineer inspecting construction practices and materials for
eventual acceptance by the City must be a licensed professional
engineer registered in the
Commonwealth
of Kentucky in
the civil engineer discipline. The licensed engineer may delegate
the inspections to his or her representative; however, the engineer
must maintain adequate supervision to give his or her stamp
attesting the conformance of the construction and materials to City
Specifications.
“PUMPING STATION”.
A pumping station is a facility used to pump wastewater from one
point to another. References to “lift stations” are also included
under this definition.
“SERVICE AREA”.
The area to be served by a proposed extension that may also include
projected future development that the city may determine as feasible
and imminent.
“SYSTEM DEVELOPMENT CHARGE or SDC”.
The fee assessed for new water or sewer service that corresponds to
an amount that has already been paid by existing customers toward
the invested capital funds of the system or paid by an applicant for
the installation and construction of new water and/or sewer
extensions, and shall be required of all new customers desiring
water or sewer service or existing customers requesting increased
service capacity and based on the value of the system’s capacity and
the amount of capacity needed by new service or increases in
existing service.
“TREATMENT FACILITIES”.
All references to treatment facilities shall mean the main sewage
treatment plant of the city. Sewage treatment plants of the private
or “package” type are not included under this definition.
“WAIVER OF PROTEST”.
An agreement by the applicant, usually in the form of a deed
covenant or other instrument to be placed of record in the office of
the Henry County Court Clerk so as to preclude any abjection to
annexation or proposed annexation by the city.
“WATER DISTRIBUTION MAIN”.
A water distribution main is defined as a pipe, the primary purpose
of which is to distribute water in a given area. Distribution mains
are usually sized to serve a given area such as a street or
subdivision. Pipes having capacity exceeding that required may fall
into the category of transmission mains.
“WATER SERVICE LINE”.
A water service line is defined as the line that runs from the
distribution main, through the meter, and to the immediate exterior
of the water meter vault on the customer’s side of the vault.
“WATER TRANSMISSION MAIN”.
A water transmission main is defined as a pipe, the primary
purpose of which is to transport water from the City’s source of
supply to the New Castle
distribution system.
§ 51.403 COSTS OF EXTENSIONS; CITY PARTICIPATION; WARRANTY
(A) The full cost of the instillation of all extensions is to be
borne by the applicant, except as noted in the subsections below. An
applicant must make his own arrangements to construct and pay for
the required facilities subject to all terms and conditions set out
herein and warranty those facilities for twelve (12) months after
approval by the city and dedication of the facilities to the city in
first-class condition. The applicant shall be wholly and entirely
responsible to see that the work conforms to the city’s
specifications. In order to insure compliance with the city
specifications, it shall be the applicant’s responsibility to pay
the cost of providing and adequate number of competent, approved
full-time resident inspectors during construction. Completed
facilities must meet all required performances tests, including
leakage tests for water lines and maximum infiltration and
exfiltration tests for sewers, and shall be certified by the
inspecting Licensed Professional Engineer to be in accordance with
the approval plans and specifications prior to acceptance by the
city.
(B) Where adequate water transmission and distribution facilities,
adequate receiving sewer for sanitary sewage, treatment facilities,
trunk mains and/or water storage facilities and the outfall sewers,
trunk sewers, pumping stations, treatment facilities and other such
overall sanitary sewer facilities are not available, or the city
significantly alters the applicant’s proposed location of extensions
and facilities, consideration will be given by the city to
additional participation in the cost of these facilities from the
standpoint of the feasibility of the construction costs and revenue
productions, and provided that such facilities meet the requirements
of the city.
(C) The city may participate in the cost of an extension in the
following manner where oversized or more efficient facilities are
required by the city, e.g., increased diameter of pipes for
anticipated future growth, also referred to as betterment, etc.
(D) After completion of extension(s) and after the facilities have
been inspected and approved by the city, the facilities shall be
dedicated to the city without costs to it and shall be guaranteed to
be without defect for twelve months from the date of the Inspecting
Engineer’s certification letter, which occurs after city inspection
and approval. The applicant is obligated to correct any defects
discovered during the warranted period.
§ 51.404 SYSTEM DEVELOPMENT CHARGES
(A) The method of calculation for system development charges
utilizes two components: (1) an “incremental” approach and/or (2) a
“buy-in” approach, taking into consideration the present value of
assets or improvements; the availability of water and/or sewer
infrastructure; the existing system capacity and current usage, and
the present worth of the required capital outlay to arrive at
customer equity in terms of an “equivalent residential unit (ERU).”
(1) The incremental component of a
systems development charge is calculated
by determining the present value
of the cost of the extension necessary for
the proposed project, as
determined by the city, divided by the capacity of
the infrastructure. The quotient
is then multiplied by the ERU to determine
the charge (SDC) for a single
ERU. The incremental SDC may be adjusted
if the actual cost of the
extension differs by more than 10 percent of the
city’s pre-construction estimate.
Further, it should be noted that the
incremental component of the SDC
is not a constant number for each
extension.
For customers other than
single-family dwellings the incremental system
development charge shall be
multiplied by the factors listed below:
Establishment
Unit
Factor
Residential:
Single Family Home
Per Unit 1.000
Duplex (1 or 2 bedrooms)
Per Unit 0.833
Duplex (3 or more
bedrooms) Per Unit
1.000
Multifamily (2 bedrooms)
Per Unit 0.833
Multifamily (1 bedroom)
Per Unit 0.583
Multifamily (3 or more
bedrooms) Per Unit
1.000
Commercial:
Barber/beauty shop
Per Station 0.300
Food Service:
Restaurant/Cafeteria
Per Seat 0.100
Restaurant (24 hours)
Per Seat 0.167
Restaurant (fast food)
Per Seat 0.050
Hotel/Motel (not including food
service,
Banquet,
laundry) Per Room
0.500
Schools:
Middle and High
Per Student 0.067
Elementary and Nursery
Per Student 0.025
EXAMPLE 1: A gravity sewer
system to serve a new subdivision is
estimated to cost $300,000.000 by the
applicant as verified by the city’s
engineer. The capacity of the new gravity
system of the new development is
20,000 gallons per day. The incremental SDC
for a single ERU is
calculated as follows:
$300,000 (cost of extension)
_______________
(300 per day)=$4,500.00
20,000 gal/day (capacity of
proposed system)
Thus, in the above example, the system
development charge for new sewer
service to each unit (assuming a single
family residence) would be
$4,500.00
EXAMPLE 2: A fast food
restaurant to be located in the service area of the
New gravity system and seating 30 people
could pay
$4,500*(30*0.05)=$6,750
(2) The city assesses a Buy-In SDC when
infrastructure exists to serve a
prospective customer but the
requested service is a new or additional
service. Buy-In SDCs are
revisited every five (5) years, or sooner as
deemed necessary by the City as
recommended by its engineer.
The buy-in component of a system’s
development charge is calculated by
Determining the present value of
the physical plant based on the city
auditor’s estimate and multiplied
by the available capacity (percentage) in
the physical plant. The product is
divided by the actual capacity in gallons
per year or per day. That quotient
in is then multiplied by the ERU.
The Buy-In SDC is calculated as
follows:
(1,517,831*40%) *109,500
gal/yr=$1,544 per ERU
(107,175,000 gal/yr*40%) where
$1,517,831 is the city auditor’s
established value of the physical
plant and 107,175,000 is the capacity of
the physical plant
(B) The rates for system development charges are hereby fixed and
established as follows:
(1) For each new customer that connects
to the water or sewer system of the
city after the effective date of
this ordinance, there shall be assessed and
charged to the customer the sum of
$1544.00, which is the “buy-in”
component of the system
development charge.
(2) For each new customer that connects
to the water or sewer system of the
city after the effective date of
this ordinance, as a result of an extension of
the water and/or sewer system,
there shall be assessed and charged to that
customer, in addition to the
above charge representing the buy-in
component of the system
development charge, as calculated in accordance
with the formula set out herein.
The incremental component of the system
development charge is subject to
rebate to an applicant as set out in
§ 51.408.
(3) In addition to the system
development charges as set out above all new
connections shall be subject to
fees including, but not limited to, fees for
permit applications, taps to
existing lined, inspections, and other related
charges as set out in § 51.160 et.
Seq.
(C) Designation of proceeds of the System Development Charge: The
incremental component of the SDC shall be subject to rebate to an
applicant in accordance with § 51.408. The City shall retain the
buy-in component of the SDC.
§ 51.405 APPLICATION FOR WATER AND SEWER SERVICE EXTENSION
The applicant shall file an application for an extension of city
water and/or sewer service with the City on forms furnished by the
City. The application shall be accompanied by three copies of a map
or plat of the area showing all streets, roads, alleys, lots,
utility easements and the proposed locations of all fire hydrants,
together with the necessary topographic information, to a scale of
not less than 1-inch equals 100 feet. Three copies of the
preliminary plat required by the Subdivision Regulations of the
Henry County Planning and Zoning Commission shall suffice as the map
or plat which must accompany the application for the extension of
water or sanitary sewer service. After city approval of the
preliminary plat, the city shall also be furnished three sets of
design drawings at the scale of 1-inch equals 50 feet. Upon
satisfactory completion of the project the application shall submit
three (3) copies of as-built drawings certified as true by the
licensed inspecting engineer, with a copy/ies of the required
letters of certification to the Kentucky Division of Water. In the
case of transmission facilities, the city shall be furnished with a
certified copy of the applicant’s actual cost per foot, and the
rebate herein below set out shall be limited to said costs as
certified. From the information furnished on the application, the
city will make or cause to be made a study by the city’s engineer of
the various elements of construction necessary to connect the
proposed area into the existing water and/or sewer systems of the
City of New Castle.
The study shall be made at the applicant’s expense, the estimated
cost of which shall be paid to the City in advance. Included in the
study shall be an estimate of the costs of all direct and related
charges for the extension or extensions of water and sanitary sewer
service. The engineer will report the findings of the study to the
city.
§ 51.406 GENERAL CRITERIA FOR EXTENSIONS OF SERVICE
Applications for extension of city water or sanitary sewer service
shall be considered on the following terms and conditions:
(A) Plant capacity and efficiency are the utmost considerations for
any extension of service.
(B) The applicant agrees not to protest any future annexation of the
area to be served by the extension if not already within the
corporate limits of the city. Such agreements shall also provide for
a waiver of protest to be included in the deeds for the future sale
or transfer of the property or any portion thereof and to be made a
covenant running with the land binding all subsequent grantees,
their heirs,
successors, assigns, and personal representatives. Where water
and/or sewer service may be provided to properties outside the city
limits as a result of an extension, each property owner, prior to
connecting to water or sewer service shall cause a waiver of protest
with the above covenant to be recorded in the Henry County Clerk’s
Office.
(C) The applicant agrees to construct and pay
for the construction of all water distribution mains, including
valves, fire hydrants, fire hydrant gate valves, and other
requirements pursuant to the city specifications, and the cost of
all local collector sewers, including manholes and sewer service
lines, and other requirements pursuant to the city specifications.
(D) The applicant agrees to furnish without cost
to the city sufficient and adequate easements in which the extension
is to be located, whether installed at the time of initial
construction or in the future.
(E) The applicant agrees to abide by all
applicable regulations of the Henry County Planning and Zoning
Commission, the Kentucky Division of Water and all other codes and
regulations of applicable agencies with respect to the construction,
use and operation of the water and sanitary sewer facilities and
shall agree to comply with all city specifications.
(F) The applicant agrees that the individual
water and sewer customers served by the new extension(s) shall be
subject to all system development charges as set out in § 51.403.
(G) It is understood and agreed that where city
water service is extended, sanitary sewer service shall also be
simultaneously extended in accordance with § 51.018.
(H) The requirements set out hereinabove shall
be included in a written agreement between the city and the
applicant as a condition precedent to any and all extension of water
or sanitary sewer service to the area being developed, whether
within or without the city limits.
§ 51.407 EXTENSION SERVING A SINGLE CUSTOMER OR PROPERTY.
Extensions to serve a single residential or commercial customer
shall be on an equitable basis and shall generally be accomplished
in the same manner as set out herein for general extensions, except
that no such extension will be made to areas outside the existing
corporate limits unless the applicant agrees to allow the
annexation by the city of the area to be served. Extensions to serve
a single industrial customer outside of the existing corporate
limits shall be subject to additional considerations by the city.
§ 51.408 REBATE OF INCREMENTAL SDC TO APPLICANT.
The City may rebate the applicant for an amount up to 100% of the
applicant’s portion of the cost of the extension from the
incremental component of the city’s system development charges. In
no event shall a rebate exceed 100% of the total intervening line
cost paid by the applicant. Rebates shall be determined as follows:
(A) Each such incremental system development charge collected from
the customers upon the initiation of service within the applicant’s
service area or from those customers to whom sewer and/or water
service becomes available as a result of the initial applicant’s
extension.
(B) Additionally, the initial applicant shall be entitled to a
rebate from the incremental SDC’s assessed to intervening applicants
who utilize the extension (intervening line) of the initial
applicant. For property owners whose property is in the service area
of new line extensions and who desire to connect to those
facilities, then said customers shall be considered intervening
applicants and shall be assessed by the City for a portion of the
line costs and from such proceeds the city may rebate the initial
applicant.
(C) The city has, simultaneously with the adoption of this
ordinance, adopted a resolution entitled “A RESOLUTION OF THE CITY
OF NEW CASTLE ESTABLISHING INTERNAL POLICY GUIDELINES FOR LINE
EXTENSION REBATES” which is to be used by the city in creating a
fair and equitable rebate arrangement among the city, the initial
applicant and subsequent developers (intervening applicants) who
utilize an intervening line constructed by an initial applicant.
(D) After ten (10) years, an extension shall be deemed terminated
with respect to all rebates from any source.
§ 51.409 SERVABILITY.
If any section, subsection, paragraph, sentence, clause, phrase or
portion of this Ordinance is for any reason declared illegal,
unconstitutional, or otherwise invalid, such declaration shall not
affect the remaining portions hereof.
The publication requirements of this Ordinance shall be satisfied by
publication in summary.
CHAPTER 52: TRAFFIC CODE
In General
Section
52.001 Definitions
52.002 Required obedience to traffic directions
52.003 Powers and duties of Police Department
52.004 Authority for enforcement
52.005 Temporary regulations
Traffic Control Devices
52.015 Signal legends
52.016 Establishment and maintenance of
traffic-control devices
52.017 Obedience to signals
52.018 Interference with signals
52.019 Unauthorized signals or markings
52.020 Device to be legible and in proper
position
52.021 Temporary disregard of devices by police
officers
Operation Generally; Accidents
52.030 Obstructing traffic
52.031 Reverse or U turns
52.032 Backing vehicle
52.033 Vehicles crossing sidewalks
52.034 Duty of operator in case of accident
52.035 Accident report
Prohibitions
52.045 Reckless driving; injury to streets
52.046 Right-of-way of emergency vehicles;
following emergency vehicles;
driving over fire hose
52.047 Smoke emission or other nuisance
52.048 Skateboards
52.049 Dynamic braking devices
Parades
52.60
Definitions
52.61
Permit required
52.62
Application for permit
52.63
Standards for issuance of permit
52.64
Notice of rejection of permit
52.65
Appeal procedures when permit denied
52.66
Alternative permit
52.67
Notice to city and other officials when permit issued
52.68
Contents of permit
52.69
Duties of permittee
52.70
Public conduct during parades
52.71
Revocation of permit
Parking Generally
52.080 Obstructional or double parking;
abandoned vehicles
52.081 Manner of parking
52.082 Stopping on roadway prohibited;
exceptions
52.083 Limitations of stopping and parking
52.084 Restrictions and prohibitions on
designated streets
52.085 Parking restricted to allow street
cleaning
52.086 All-night parking
52.087 Parking on parade route
52.088 Parking on off-street facility
52.089 Owner responsibility
52.090 Parking in parks
52.091 Display of parked vehicle for sale
52.092 Parking with handicapped permits
Impounding
52.110 Impoundment of vehicles authorized;
redemption
52.111 Required notice to owner
52.112
Sale
of vehicle
52.999 Penalty
Statutory reference:
Revenues from fees, fines, and forfeitures related to parking, see
KRS
65.120
§ 52.001 DEFINITIONS
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"AUTHORIZED EMERGENCY VEHICLES."
Vehicles of the Volunteer Fire
Department or Police Department, vehicles of the Commonwealth
Attorney's office when on official business, and ambulance on an
authorized emergency run.
"BOULEVARD."
Any legally designated street at which cross traffic is
required to stop before entering or crossing such boulevard.
"BUSINESS DISTRICT."
Any portion of any street between two 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 two 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 two or more streets which join at
an angle whether or not one such 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 City
Commission.
"ONE-WAY STREET."
A street
on which vehicles are permitted to move in one 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 City
Commission and reserved as a play area for children, from which all
traffic is barred, except vehicles to and from abutting properties.
"POLICE DEPARTMENT."
The Police Department or other persons or agency authorized
to perform the duties of § 52.003 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.
§ 52.002 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, this 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 § 52.999
§ 52.003 POWERS AND
DUTIES OF POLICE DEPARTMENT.
It shall be the duty of the Police Department 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.
§ 52.004 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 Police Department,
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 §
52.999
§ 52.005 TEMPORARY REGULATIONS.
When required for the safety of the public and to alleviate
extraordinary traffic problems resulting from severe and inclement
weather conditions or other emergencies, the Director of Public
Works is hereby authorized to impose and implement such regulations
as are reasonable and necessary to restore normal traffic
conditions. Notice of the nature, duration and extent of any such
temporary regulations shall be transmitted to all local media, and a
reasonable attempt to notify any private property owners/occupiers
affected by the same shall me made.
TRAFFIC-CONTROL DEVICES
§ 52.015 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.
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 miles per hour, 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 such turn.
Penalty, see § 52.999
Statutory reference:
Traffic-control signals, see KRS 189.338
§ 52.016 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 one 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.
§ 52.017 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 such barrier or sign must be approved by the
city.
(B) Such sign, signal, marking, or barrier shall
have the same authority as the personal direction of a police
officer. Penalty, see § 52.999
§ 52.018 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 §
52.999
§ 52.019 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 bearing 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 that’s 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 § 52.999
§ 52.020 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.
§ 52.021 TEMPORARY DISREGARD OF DEVICES BY
POLICE OFFICERS.
In an emergency any police officer may at his discretion disregard
traffic-control lights or signals or established regulations in
order to facilitate the movement of traffic.
OPERATION GENERALLY; ACCIDENTS
§ 52.030 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 such distinctive manner as to indicate such 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 shall be deemed to have
violated this division rather than division (B) above.
Penalty, see § 52.999
§ 52.031 REVERSE OR U TURNS.
The operator of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made
in safety without interfering with other traffic.
(KRS 189.330 (8)) Penalty, see § 52.999
§ 52.032 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 § 52.999
§ 52.033 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 City Commission or
other authorized city official.
(B) 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.
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. 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 § 52.999
§ 52.034 DUTY OF OPERATOR IN CASE OF ACCIDENT
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 § 52.999
__________________________
Statutory reference:
Duty in case of accident, see KRS 189.580
§ 52.035 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 Police Department.
Penalty, see § 52.999
USER FEES
§ 52.036 INITIATION OF USER FEES.
The City of New Castle Police Department shall initiate user fees
for the delivery of Police Department Services, personnel, supplies
and equipment to the scene of motor vehicle accidents. The rate of
the user fees shall be that which is the usual, customary and
reasonable costs (UCR), which includes any services, personnel,
supplies and equipment and may fluctuate based on the needs of the
accident.
§ 52.037 FILING.
The user fees shall be initially filed to the motor vehicle
insurance, representing an add-on-cost of the claim for the damages
of the vehicles, property and/or owner of property, or other
responsible parties.
§ 52.038 RULES AND REGULATIONS.
The City Commission may make rules or regulations, and from
time-to-time may amend, revoke or add rules and regulation, not in
consistent with this Section as they may deem necessary or expedient
in respect to billing for these fees or the collection thereof.
§ 52.039 FUNDS USED FOR POLICE.
All amount collected as a result of this Ordinance shall be placed
into a fund as established by the City Commission to be used
exclusively for personnel, supplies and equipment for the New Castle
Police Department.
(Ord. # 06-03; adopted
5-10-06)
PROHIBITIONS
§ 52.045 RECKLESS DRIVING; INJURY TO STREETS.
(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 § 52.999
§ 52.046 RIGHT-OF-WAY OF EMERGENCY VEHICLES;
FOLLOWING EMERGENCY VEHICLES; DRIVING OVER
FIRE
HOSE.
(A) Upon the approach of any emergency vehicle
equipped with, and operating, one or more flashing, rotating, or
oscillating red or blue lights visible under normal conditions from
a distance of 500 feet to the front of such vehicle; or when the
driver is giving audible signal be 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 provision 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 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 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 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 any
use at any fire or fire alarm unless the fire department official in
command consents that the hose be driven over.
(KRS 189.930) Penalty, see § 52.999
§ 52.047 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 § 52.999
§ 52.048 SKATEBOARDS/BICYCLES RESTRICTED.
It shall be unlawful for any person to use or ride skates,
skateboards, or bicycles on any sidewalk adjoining
Main Street
between College Street
and Church Street
or
adjoining Main Cross Street between Center Street and Property Road
between the hours of 6:00 a.m. and
6:00 p.m.
Monday through Friday, and
8:00 a.m.
through noon on Saturdays, Sundays and holidays.
§52.049 DYNAMIC BRAKING DEVICES PROHIBITED.
(A) DEFINITION: A dynamic braking device (commonly referred
to as Jake Brakes, Jacobs Break, Engine Breaks or Compression
Brakes) is defined as a device primarily on trucks for the
conversion of the engine from an internal combustion engine to an
air compressor for the purpose of breaking without the use of wheel
brakes.
(B) USE PROHIBITED: It is unlawful for
any person to operate any motor vehicle with a dynamic breaking
device engaged within the city limits, where posted, except for
emergency situations for the purpose of avoiding a collision with
another object or vehicle.
PARADES
§ 52.060 DEFINITIONS.
For the purpose of this subchapter the following definitions shall
apply unless the context clearly indicated or requires a different
meaning.
“CRUISING.”
The repeated operation of two or more vehicles in a continuous or
nearly continuous flow through a parking lot.
“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, or “CRUISING”
as defined herein.
“PARADE PERMIT.”
A permit required by this subchapter.
“PARKING LOT.”
Any paved or unpaved area used by a place of
business or shopping center for the parking of vehicles of their
customers, but shall not include those operated for hire as defined
in KRS 189.700.
§ 52.061 PERMIT REQUIRED.
(A) No person or persons shall engage in, participate in, aid, form,
or start and parade unless a parade permit has been obtained from
the City Commission of other authorized city official.
(B) This subchapter shall not apply to:
(1)
Funeral processions;
(2)
Students going to and from school classes or participating in
educational activities, providing the conduct is under the immediate
direction and supervision of the proper school authorities;
(3)
A governmental agency acting within the scope of its functions.
Penalty, see § 52.999
§ 52.062 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an
application with the City Commission of other authorized city
official on forms provided by the Commission or such officer.
(A) Filing period. The application for a parade permit shall be
filled not less than five 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,
sidewalks, 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 being to assemble at any
such
assembly area or areas;
(11)
The internal 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 behalf;
(13)
An acknowledgement by the applicant that all rubbish, trash, litter
and
other debris accumulated along the
route resulting from parade activities
shall be cleaned up and removed by the
organization conducting the
parade within twenty-four (24) hours of
the completion of the parade.
(14) Any additional information reasonable
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 deposit in the amount of $100.00. The deposit may be
withheld in whole or in part to be applied to any expenses incurred
by the City resulting from any non-compliance of this subchapter.
Penalty, see § 52.999
§ 52.063 STANDARDS FOR ISSUANCE OF PERMIT.
The City Commission or other authorized city official shall issue a
permit when, from a consideration of the application and from other
information obtained, he 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
live 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 assemble
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;
(F) The parade is scheduled to move from its point of origin to its
point of terminations expeditiously and without unreasonable delays
enroute;
(G) The parade is not to be held for the sole purpose of advertising
any product, goods, or event, and is not designated to be held
purely for private profit;
(H) The parade, if it takes the form of cruising, has the approval
in writing of the owner or an authorized agent of the owner for the
use of the parking lot which is the site of the parade. Penalty, see
52.999
§ 52.064 NOTICE OF REJECTION OF PERMIT.
The City Commission or other authorized city officials shall act on
the application for a parade permit within three days, Saturdays,
Sundays, and holidays excepted, after filing thereof. If the City
Commission or authorized city official disapproves the application,
it shall mail to the applicant within three days, Saturdays,
Sundays, and holidays excepted, after the date on which the
application was filed, a notice of its action stating the reasons
for denial of the permit.
§ 52.065 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a
parade permit to the City Commission. The appeal shall be taken
within the 30 days after notice of denial. The City Commission shall
act on the appeal within the 30 days after its receipt.
§ 52.066 ALTERNATIVE PERMIT.
The City Commission 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 and alternate permit shall file a written notice of his
acceptance.
An alternate parade permit shall conform to the requirements of, and
shall have the effect of, a parade permit under this subchapter.
§ 52.067 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 City Commission;
(B)
The City Attorney;
(C)
The Fire Chief;
(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.
§ 52.068 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 is miles or fractions thereof;
(G)
Such other information as is reasonable necessary to the enforcement
of this subchapter.
Penalty, see § 52.999
§ 52.069 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances. The parade
chairman or other person heading or leading the activity shall carry
the parade permit on his person during the conduct of the parade.
Penalty, see § 52.999
§ 52.070 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonable 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.
(C) Parking on parade route. The City Commission or other authorized
city official shall have the authority, when reasonable necessary,
to prohibit or restrict the parking of vehicles along a street or
other public thoroughfare or part thereof constituting a part of the
route of a parade. Signs shall be posted to such effect, and it
shall be unlawful for any person to park or leave unattended any
vehicle in violation thereof. No person shall be liable for parking
on a street or other public thoroughfare unless signs have been
posted in accordance with this division. Penalty, see § 52.999
§ 52.071 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.
PARKING GENERALLY
§ 52.080 OBSTRUCTIONAL OR DOUBLE PARKING;
ABANDONED VEHICLES.
(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.
(C) It shall be unlawful for any person to leave
a motor vehicle on a city street under circumstances indicating an
abandonment. Any motor vehicle left on a city
street for more than seven consecutive days shall be presumed to be
abandoned.
(Ord. 84-7, passed
11-6-85) Penalty, see § 52.999
§ 52.081 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 one-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 two right wheels are within six inches of
and parallel with the curb, except that on one-way streets where
parking is permitted on the left side the two left wheels are to be
within six 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 such loading and unloading and delivery of
property and material shall not consume more than 30 minutes.
Such 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 of moving vehicles or
occupies road space within ten 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 therefore would be
within ten feet of the center line of any street.
Such 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 such 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 one vehicle. Penalty, see § 52.999
§ 52.082 STOPPING ON ROADWAY PROHIBITED;
EXCEPTIONS.
(A) No person shall stop a motor vehicle, leave
it standing, or cause it to stop or to be left standing on the
roadway of any city street. However, the
prohibition expressed in this division shall not apply to a motor
vehicle:
(1) Disabled
on the main-traveled portion of a city street in such a manner
and to such extent that it
is impossible to avoid the occupation of the
main-traveled portion or
impracticable to remove it from the city street
until repairs have been
made or sufficient help obtained for its
removal;
(2) When
required to stop in obedience to the provisions of state law, any
county or city traffic
ordinance or sign, or the command of any peace
officer;
(3) When
required to stop by reason of an obstruction to its progress;
(4) Parked
adjacent to a residence off the roadway of a city street
where such parking is
otherwise permitted, provided the motor vehicle
so parked does not impede
the flow of two-lane traffic or access to
private driveways.
(5) In the
event of inclement weather, and under conditions creating a
substantial necessity to
do so, parking along a city roadway, provided
that the motor vehicle so
parked allows for the passage of all police,
fire and other emergency
vehicles. Any vehicle so parked shall be
removed immediately when
the necessity for so parking ceases to
exist.
(B) Whenever any police officer finds a motor
vehicle standing on a city street in violation of division (A), he
may move the vehicle, or require the operator or other person in
charge of the vehicle to move it, to a position off the paved or
main-traveled part of the street. (Ord. 84-7,
passed 11-6-85)
Penalty see § 52.999
§ 52.083 LIMITATIONS OF STOPPING
AND PARKING.
(A) 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:
(1) On a
sidewalk. (Ord. 84-7, passed
11-6-85)
(2) In front
of sidewalk ramps provided for handicapped persons.
(3) In front
of a public or private driveway.
(4) Within an
intersection or crosswalk. (Ord. 84-7, passed
11-6-85)
(5) At any
place where official signs prohibit stopping or parking.
(Ord. 84-7, passed
11-6-85)
(6) Within 30
feet of any flashing beacon, traffic sign, or traffic-control
device.
(7) No person
shall move a vehicle not lawfully under his control into any
such prohibited area.
(KRS 189.450 (4) - (6))
(B) The prohibitions expressed in division (A)
of this section shall not apply to any peace officer when operating
a properly identified vehicle during the performance of his official
duties. (Ord. 84-7, passed
11-6-85) Penalty, see § 52.999
§ 52.084 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 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 such 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 § 52.999
§ 52.085 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 § 52.999
§ 52.086 ALL-NIGHT PARKING.
It shall be unlawful for anyone to park in any one 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
one 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 § 52.999
_______________________
Cross-reference:
Removal of abandoned vehicles, see §
52.111 et seq.
§ 52.087
PARKING ON PARADE ROUTE.
(A) The City Commission or other authorized city
official shall have the authority, whenever in its 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 such parking.
(B) It shall be unlawful to park or leave
unattended any vehicle in violation of such signs or directions.
Penalty, see § 52.999
_____________________
Cross-reference:
Parades, see § 52.060 through 52.071
§ 52.088 PARKING ON OFF-STREET FACILITY.
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 any
such property or facility. If at any time a vehicle is parked,
abandoned, or otherwise trespasses in violation of the provisions of
this section, a warrant may be obtained in District Court by the
owner, lessee, or person in charge of the property or facility, and
the Police Department, on written complaint of the owner, lessee, or
person in charge, shall remove or cause to be removed the vehicle in
accordance with the provisions of § 52.110 through 52.112.
Penalty, see § 52.999
§ 52.089 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 § 52.999
§ 52.090 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 two wheels of the motor vehicle are resting on such roadway.
Penalty, see § 52.999
§ 52.091 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 § 52.999
§ 52.092 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 for
in a metered parking space may be parked for two 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 § 52.999
IMPOUNDING
§ 52.110 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 Police Department.
Should a vehicle be moved without the consent and approval of
the Police Department 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.
§ 52.111 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 private person or business shall
attempt to ascertain from the State Transportation Cabinet the
identity of the registered owner of the motor vehicle or lessor of a
motor carrier as defined in KRS
Chapter 281 and within ten 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) In the event that 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 Chapter 281 within ten 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 vehicle 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 ten 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))
§ 52.112
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 § 52.111 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 possession. If after a
period of 60 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 ten days prior to the time and place of the sale.
Should the proceeds of the sale of any vehicle pursuant to
this section be insufficient to satisfy accrued charges for towing,
transporting, and/or storage, the sale and collection of proceeds
shall not constitute a waiver or release of responsibility for
payment of unpaid towing, transporting, and/or 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))
§ 52.999 PENALTY
(A) Whoever violates any provision of this
chapter for which no other penalty is specifically provided shall be
fined not less than $20 nor more than $500.
(B) Any person who violates § 52.046 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 receiving a citation for any
parking violation in the city shall be fined in amount not less than
$20 nor more than $100.
(KRS 189.990 (1))
CHAPTER 53: STREETS
AND
SIDEWALKS
Section
Excavations and Construction
53.01 Opening permit required
53.02 Application and cash deposit
53.03 Restoration of pavement
53.04 Barriers around excavations
53.05 Warning lights
53.06 Sidewalk construction
Road and Bridge Projects
53.15 Public hearing required
53.16 Notice requirements
53.17 Public may testify; effect of testimony
53.18 Hearing to be held prior to construction
53.19 Separate hearing for each project not
required
53.20 Exemptions from hearing requirement
Obstructions
53.30 Unloading on street or sidewalk
53.31 Street and sidewalk obstruction
53.32 Materials on street or sidewalk
53.33 Removal of ice and snow
53.99 Penalty
EXCAVATIONS AND
CONSTRUCTION
§ 53.01 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.
§ 53.02 APPLICATION
AND
CASH DEPOSIT.
Each permit for making an opening shall be confined to a single
project and shall be issued by the City Commission or other
authorized city official. Application shall be
made on a form prescribed by the City Commission, 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
City Commission or other authorized city official, conditioned upon
prompt and satisfactory refilling of excavations and restoration of
all surfaces disturbed.
§ 53.03 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 City Commission or other authorized city
official, and in accordance with rules, regulations, and
specifications approved by the City Commission.
(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 to make
such fill and the work, the city may proceed without notice to make
such fill and restoration and the deposit referred to in § 53.02
shall be forfeited. Thereupon the deposit shall be paid into the
appropriate city fund, except such 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 such services performed by the city should
exceed the amount of the deposit, the City Clerk-Treasurer/Tax
Collector or other proper administrative officer shall proceed to
collect the remainder due from the permittee.
§ 53.04 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 § 53.99
§ 53.05 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 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 one additional lamp for each added 50
feet or portion thereof excavated or obstructed.
Penalty, see § 53.99
§ 53.06 SIDEWALK CONSTRUCTION
(A) It shall be the duty of the Superintendent of Water and Sewer to
supervise the construction or repair of sidewalks within the city.
He shall cause specification to be prepared for the
construction of the various kinds of pavements and transmit the
specifications as approved. The City Commission may advertise for
proposals to do all the work which may be ordered by the city in
construction and repair of sidewalks, and may contract therefore
with the best responsible bidder, who shall furnish good and
sufficient sureties for the faithful performance of the work.
(B) All property owners within the city limits shall be required to
construct a sidewalk along the right of way of the street or other
public way adjacent to the owner’s property. Said sidewalk shall be
constructed in the conformity with the existing standards,
requirements and other ordinances of the city. This ordinance shall
apply to all residential property in the city upon which
construction of a residential dwelling or residential apartment
units is begun after the effective date on this ordinance and where
an existing public sidewalk abuts the subject track and said
sidewalk construction ordinance is not otherwise regulated by the
Subdivision Regulations contained in the Henry County Planning and
Zoning Ordinance. All sidewalks required by this ordinance shall be
completed within one year of any occupancy of the new dwellings or
apartment unit. The City shall share the cost of construction on a
50-50 basis.
ROAD AND
BRIDGE PROJECTS
§ 53.15 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.
§ 53.16 NOTICE REQUIREMENTS.
Not less than 45 days before the contemplated date of expenditure of
state derived tax revenues on a road or bridge by the city, the city
shall give notice in the manner required by KRS Chapter 424 of a
public hearing for the purpose of taking the sense of the public
with regard to road and bridge matters within the city.
The hearing shall be held not less than 30 days after the
first publication of the notice and before beginning work on any
project covered by this subchapter. (KRS
174.100(1))
§ 53.17 PUBLIC MAY
TESTIFY; EFFECT OF TESTIMONY.
(A) At the hearing any person may speak with
regard to any proposed project, any project which he 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))
§ 53.18 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))
§ 53.19 SEPARATE HEARING FOR EACH PROJECT NOT
REQUIRED.
This subchapter shall not be construed to require a separate hearing
for each project. 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))
§ 53.20 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 and the city desires to reactivate the
project. (KRA 174.100 (6), (7))
OBSTRUCTIONS
§ 53.30 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 § 53.99
§ 53.31 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 § 53.99
§ 53.32
MATERIALS ON STREET OR SIDEWALK.
No person shall encumber any street or sidewalk.
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 53.99
_______________________
Cross-reference:
Littering on streets or sidewalks, see
Ch. 91
§ 53.33 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
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, accumulated thereon within a reasonable time which will
ordinarily not exceed 12 hours after the abatement of any storm
which the snow and ice may have accumulated. The
use of rock salt on any public sidewalk is prohibited. Penalty, see
§ 53.99
§ 53.99 Penalty.
Whoever violates any provisions of this chapter shall, upon
conviction, be fined not more than $500.
CHAPTER 54: CURFEW FOR MINORS
§ 54.010 CURFEW HOURS FOR MINORS.
(A) Definitions. In this section:
(1) CURFEW HOURS mean:
(a)
11:00 p.m. on any Sunday,
Monday, Tuesday, Wednesday, or
Thursday until
6:00 a.m. of the following day;
(b) 12:01
a.m. until 6:00
a.m. on any Saturday or Sunday
(2) EMERGENCY means an unforeseen
combination of circumstances or
the resulting state that calls
for immediate action. The term includes, but
is not limited to, a fire, a
natural disaster, or automobile accident, or any
situation requiring immediate
action to prevent serious bodily injury or
loss of life.
(3) ESTABLISHMENT means any
privately-owned place of business
operated for a profit to which
the public is invited, including but not
limited to any place of
amusement or entertainment.
(4) GUARDIAN means:
(a) a person who, under
court order, is the guardian of the person of a
minor; or
(b) a public or private
agency with whom a minor has been placed by
a court.
(5) MINOR means any person under 18
years of age.
(Am. Ord. 99-2,
3-8-99)
(6) OPERATOR means any individual,
firm, association, partnership, or
corporation operating,
managing, or conducting any establishment. The
term includes the members or
partners of an association or partnership
and the officers of a
corporation.
(7) PARENT means a person who is:
(a) a natural parent,
adoptive parent, or step parent of another
person; or
(b) at least 18 years
of age and authorized by a parent or guardian to
have the care
and custody of a minor.
(8) PUBLIC PLACE means any place to
which the public or a substantial
group of the public has access
and includes, but is limited to, streets,
highways, and the common areas
of schools, hospitals, apartment houses,
office buildings, government
offices, transport facilities, and shops.
(9) REMAIN means to:
(a) linger or stay; or
(b) fail to leave
premises when requested to do so by a police officer
or the owner,
operator, or other person in control of the premises.
(10) SERIOUS BODILY INJURY means
bodily injury that creates a
substantial risk of death or
that causes death, serious permanent
disfiguration, or protracted
loss or impairment of the function of any
bodily member or organ.
(B) Offenses
(1) A minor commits an offense if he
remains in any public place or on the
premises of any establishment
within the city during curfew hours.
(2) A parent or guardian of a minor
commits an offense if he knowingly
permits, or by insufficient
control allows, the minor to remain in any
public place or on the premises
of any establishment within the city
during the curfew hours.
(3) The owner, operator, or any
employee of an establishment commits an
offense if he knowingly allows
a minor to remain upon the premises of
the establishment during
curfew hours.
(c) DEFENSES
(1) It is a defense to prosecution
under Subsection 54.010 (10)(B) that the
minor was:
(a) Accompanied by the
minor’s parent or guardian;
(b) On an errand at the
direction of the minor’s parent or guardian,
without any detour
or stop;
(c) In a motor vehicle
involved in interstate travel;
(d) Engaged in an
employment activity, or going to or returning
home from an
employment activity, without any detour or stop;
(e) Involved in an
emergency;
(f) On the sidewalk
abutting the minor’s residence or abutting the
residence of a
next-door neighbor if the neighbor did not complain
to the police
department about the minor’s presence;
(g) Attending an official
school, religious, or other recreational
activity supervised
by adults and sponsored by the city of
New
Castle, a civic
organization, or another similar entity that takes
responsibility for
the minor, or going to or returning home from,
without
any detour stop, an official school, religious, or other
recreational
activity supervised by adults and sponsored by the city
of
New Castle, a civic organization, or another
similar entity that
takes responsibility
for the minor;
(h) Exercising first
Amendment right protected by the
United States
Constitution, such
as the free exercise of religion, freedom of
speech, and the
right of assembly, or
(i) Married or had been
married or had disabilities of minority
removed in accordance
with the Kentucky Revised Statutes.
(2) It is a defense to prosecution
under Subsection 54.010 that the owner,
operator, or employee of an
establishment promptly notified the police
department that a minor was present on the
premises of the establishment
during curfew hours and refused
to leave.
(D) ENFORCEMENT
Before taking any enforcement action under this section, a police
officer shall ask the apparent offender’s age and reason for being
in the public place. The officer shall not issue a citation or make
an arrest under this section unless the officer reasonably believes
that an offense has occurred and that, based on any response and
other circumstances, no defense in Subsection 54,010 (10(c) is
present.
(E) PENALTIES
A person who violates a provision of this chapter is guilty of a
separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Each offense, upon
conviction is, punishable by a fine not to exceed $100.00
§ 54.020 REVIEW OF ORDINANCE.
That within six months after the initial enforcement of this
ordinance, the city police chief shall review this ordinance and
report and make recommendations to the city commission concerning
the effectiveness of and the continuing need for the ordinance. The
city police chief shall report shall specifically include the
following information.
(3) The practicality of the
enforcing the ordinance and any problems with
enforcement identified by the
police department;
(a) The impact of the
ordinance on crime statistics;
(b) The number of
persons successfully prosecuted for a violation of
the ordinance,
and
(c) The city’s net cost
of enforcing the ordinance.
§ 54.030 EFFECTIVE DATE OF ORDINANCE.
That this ordinance shall take effect immediately from and after its
passage and publication in accordance with the provisions of the
Kentucky Revised Statutes and it is accordingly so ordained. (ord.
95-3; 7-10-1995)
CHAPTER 55: SOLID WASTE PICKUP AND DISPOSAL SERVICES, FIXING
CHARGES, RATES AND REGULATIONS
§ 55.01 GENERAL PROVISIONS.
All owners of improved real estate and the operators of businesses
within the city limits of the City of
New Castle
shall utilize the garbage pickup and disposal services of Rumpke of
Kentucky, Inc. which was granted a franchise by the City of
New Castle and shall pay a fee for such
services. This ordinance shall not apply to industrial customers, if
any, within the City of New
Castle.
§ 55.02 REGULATIONS.
Regulations for collection and disposal of garbage, trash and
debris, as well as the rates therefore are embodied within this
ordinance, Resolution #02-06 and the bid documents of the successful
bidder. Any contract entered into between the City and Rumpke of
Kentucky, Inc. subsequent to the adoption of this ordinance shall
incorporate this ordinance, Resolution #02-06 and the bid documents
by reference. Industrial customers may contract with any qualified
entity they desire for the collection of refuse, garbage or
industrial waste.
§ 55.03 SERVICE CHARGES.
Residential units shall pay a charge of $ 12.00 per month for the
first year of this franchise agreement and $ 12.60 per month for the
second year directly to the City. Any service in addition to the
regular residential collection shall be obtained directly from the
Franchise Holder and any extra charge, therefore, paid directly to
the Franchise Holder. In the event of the disability of a customer,
said charge shall be waived. The City shall determine what
constitutes a disability upon application by the customer.
Commercial customers shall pay the City at the same rate for
residential customers in accordance with Resolution # 02-06 except
where dumpsters are used. Dumpster rates have been established and
are hereby fixed at the rates set out in the bid documents, which is
incorporated herein by reference, being Addendum “A” to the
Franchise Holder’s bid proposal.
§ 55.04 PAYMENTS.
All payments shall be made to the City monthly on or before the 10th
of the month for garbage collected for the preceding month. Charges
remaining due and unpaid for a period of thirty (30) days shall be
deemed delinquent and shall be subject to interest on said account
at 12% per annum until paid. This Ordinance shall become effective
July 1, 2002, and expires
June 30, 2004. All other ordinances inconsistent herewith
are hereby repealed.
§ 55.05 DISCONTINUATION OF SERVICE.
Failure by any customer to pay for such garbage services shall
result in the discontinuation of this service or any other utility
service provided by the city and the application of any deposit held
by the city to the deficiency.
(Ord. # 08-06; adoption
6-31-02)
TITLE VIII: REGULATION OF BUSINESSES
AND TRADES
Chapter
70. OCCUPATIONAL
LICENSE FEE
71. ADVERTISING
72. PEDDLERS,
ITINERANT MERCHANTS, AND
SOLICITORS
CHAPTER 70: OCCUPATIONAL LICENSE FEE
Section
70.01 Definitions
70.02 License required
70.03 License year
70.04 Application; issuance; terms of license
70.05 Transfer of license
70.06 Persons with more than one occupation
70.07 Revocation
70.08 Liability of agents
70.09 Presumption of engaging in business
70.10 Purpose of fees
70.11 Fee schedule
70.99 Penalty
§ 70.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"AGENT."
Shall be construed in its usual and contemporary
manner, to designate a person, association of persons, firm,
company, or corporation who or which conducts a business or activity
on behalf of another person or persons.
"MANUFACTURER."
Includes all those who may fabricate raw material into
finished products for the purpose of marketing these products
through wholesalers, agents, dealers, retailers, or directly to
consumers, whether they are natural persons, associations of
persons, firms, companies, partnerships, or corporations.
"MERCHANT."
Includes all those who sell or rent any goods, wares, or
merchandise from a storeroom or other permanent location.
"OCCUPATION."
Includes any and all trades, businesses, or professions
pursued, carried on, or engaged in within the city.
"STORE."
A place where merchandise is kept for sale to the public at
large.
(Ord. 87-1, passed
3-2-87)
§ 70.02 LICENSE REQUIRED.
There shall be levied an annual occupational license fee upon all
persons, associations of persons, firms, and corporations engaged in
any trade, occupation, employment, business, or profession,
specified or unspecified in this chapter. No
person, associations of persons, firms, or corporations shall carry
on or conduct any occupation, trade, business, or profession in the
city without having obtained an occupational license and having paid
the fee therefore as herein required.
(Ord. 87-1, passed
3-2-87) Penalty, see § 70.99
§ 70.03 LICENSE YEAR.
The license year for any person, association of persons, firm, or
corporation engaged in any trade, occupation, business, or
profession shall be from July 1 of a given year to and including
June 30 of the following year, and any person, association of
persons, firm, or corporation so engaged shall be required to pay a
license fee therefore to the City Clerk-Treasurer/Tax Collector.
§ 70.04 APPLICATION; ISSUANCE; TERMS OF LICENSE.
(A) Upon application to the City
Clerk-Treasurer/Tax Collector and the payment by the applicant of
the license fee hereinafter provided, the City Clerk-Treasurer/Tax
Collector shall issue to the applicant a license to carry on and
conduct the trade, occupation, business, or profession for which the
license fee is paid. Where under any existing
ordinance of the city or any ordinance of the city hereafter passed
a special application is required or a bond is executed before
entering into that trade, occupation, business, or profession, the
City Clerk-Treasurer/Tax Collector shall not issue the license until
a formal application has been made, or the bond is properly executed
and approved by the Mayor and the City Commission.
(B) All licenses issued under the provisions of
this chapter shall have the year in which they are issued printed on
the face of same in large figures. It shall be
the duty of each person to whom a license is issued to keep the
license posted in a conspicuous place in his place of business and
the same shall be at all times exposed to public view, or a legible
copy of same readily available for inspection by any law enforcement
officer if the trade, occupation, business, or profession has no
permanent place of business within the city.
(C) No license issued under the provisions of
this chapter shall authorize any person to engage in the trade,
occupation, business, or profession other than the person to whom
the same was issued, unless transferred as provided in § 70.05.
(D) If two or more persons engaged in carrying
on a profession compose a firm or partnership, each member of the
firm or partnership shall pay the required license fee.
(E) Any person who shall begin to carry on or
conduct any trade, occupation, business, or profession, after
January 1 of any year, shall be required to pay only one-half of the
license fee required therefore. However, the
foregoing provisions with reference to the payment of one-half of
the license fee shall not apply to any temporary license imposed by
any existing ordinance. No refund of any part of a license fee will
be made after payment of same and issuance of license to licensees
who thereafter cease to do business.
(F) It shall be unlawful for any person to whom
a license is issued under the provisions of this chapter to:
(1) Allow or
permit any place where such trade, occupation, business, or
profession is conducted
under license to be or become a disorderly
house;
(2) Permit
any lewd, indecent, or immoral acts to be committed therein, or
on the premises adjacent
thereto, under the control of the person
conducting the trade,
occupation, business, or profession;
(3) Permit in
any such place or premises any loud, boisterous, or obscene
conversation or other
noises or nuisances;
(4) Permit
the premises to be used for any unlawful or immoral purposes
whatsoever.
(Ord. 87-1, passed
3-2-87) Penalty, see § 70.99
§ 70.05 TRANSFER OF LICENSE.
Any license granted or issued under the provisions of this chapter
may be transferred by the license and the transferee thereof shall,
upon payment of a transfer fee of $5, be entitled to the rights and
privileges of the original licensee. No such
transfer shall be valid or of any effect whatsoever until the fee of
$5 is paid to the City Clerk-
Treasurer/Tax Collector and City transferee and the day of transfer
upon the original license and upon the stub thereof.
(Ord. 87-1, passed
3-2-87)
§ 70.06 PERSONS WITH MORE THAN
ONE OCCUPATION.
In the event any person, firm, partnership, or corporation engaged
in any trade, occupation, business, employment, or profession
specified in this chapter shall be engaged in one or more trades,
occupation, businesses, employments, or professions at the same
locations, then and in that event, a license fee shall be charged
and paid equal to the highest license fee charged for any one of
such trades, occupations, businesses, employments, or professions
that the person, firm, partnership, or corporation may be engaged
in, which shall be in lieu of all other licenses provided for in
this chapter.
(Ord. 87-1, passed
3-2-87)
§ 70.07 REVOCATION.
(A) Procedure. Any license
or permit granted under this chapter may be revoked by the Police
Chief after notice and hearing, pursuant to the standards in
division (B) below. 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 license at his last known address at
least ten days prior the date set for the hearing.
(B) Standards for revocation.
A license granted under this chapter may be revoked for any
of the following reasons:
(1) Any fraud
or misrepresentation obtained in the license application;
(2) Any
fraud, misrepresentation, or false statement made in connection
with the business being
conducted under the license;
(3) Any
violation of this chapter;
(4)
Conviction of the licensee of any felony or conviction of the
licensee
of any misdemeanor
involving moral turpitude; or
(5) 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.
(C) Appeal procedure.
(1) Any
person aggrieved by a decision under division (B) of this section
shall have the right to
appeal to the City Commission. The appeal shall
be taken by filing with the
City Clerk-Treasurer/Tax Collector, within
14 days after notice of the
decision has been mailed to that person's last
known address, a written
statement setting forth the grounds for appeal.
The City Commission shall
set the time and place for a hearing, and
notice for the hearing
shall be given to that person in the same manner
as provided in division (A)
above.
(2) The order
of the City Commission after the hearing shall be final.
(Ord.
87-1, passed
3-2-87)
§ 70.08 LIABILITY OF AGENTS.
The agent of a nonresident proprietor engaged in any trade,
occupation, business, or profession on which a fee is levied in this
chapter shall be liable on behalf of the nonresident proprietor for
the fee levied herein and any penalty which may be vowed, the same
as if the agent were the proprietor. (Ord. 87-1, passed
3-2-87)
§ 70.09 PRESUMPTION OF ENGAGING IN BUSINESS.
Any person, association of persons, firm, or corporation
representing himself or itself or exhibiting any sign or
advertisement to the effect that he or it is engaged in any trade,
occupation, business, or profession shall be deemed to be actually
engaged in that trade, occupation, business, or profession and shall
be liable for the fee.
(Ord. 87-1, passed
3-2-87)
§ 70.10 PURPOSE OF FEES.
The license fees hereby imposed, levied, and collected pursuant
hereto, shall be for the purpose of aiding in defraying the expenses
of maintaining the city government and shall be placed in the
General Fund of the city. (Ord. 87-1, passed
3-2-87)
§ 70.11 FEE SCHEDULE.
(A) The license fee for each person, association
of persons, firm or corporation engaged in any trade, occupation,
employment, business, or profession shall be $35 per year, except
for those trades, occupations, employments, businesses, or
professions mentioned specifically in division (B) of this section.
(B) The license fee for each person, association
of persons, firm, or corporation engaged in the following trades,
occupations, employments, businesses, or professions shall be the
amount listed below. For each of the individual
classifications the license period shall be for one year, unless a
shorter period is specified.
(1)
Industrial, residential, or commercial contractors engaged in the
building of new or
additional structures or swimming pools or
otherwise engaged in the
building trades shall pay annual license fee of
$35.
(2)
Contractors who provide only general maintenance, repair, or
remodeling services of a
cost of $2,000 or less shall pay a license fee
of $15 per job or may
obtain an annual license fee.
(Ord. 87-1, passed
3-2-87)
§ 70.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not
more than $250 for each day the violation exists.
(Ord. 87-1, passed
3-2-87)
CHAPTER 72: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
Section
72.01 Definitions
72.02 License requirement
72.03 Application procedure
72.04 Standards for issuance
72.05 Revocation procedure
72.06 Standards for revocation
72.07 Appeal procedure
72.08 Exhibition of identification
72.09 Yard Sales
72.99 Penalty
§ 72.01 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 such business, uses any building,
structure, vehicle, or any place within the city.
"PEDDLER."
(1) Any
person who travels from place to place by any means carrying
goods for sale, or making
sales; or
(2) Any
person who, without traveling from place to place, sells or offers
goods for sale from any
public place within the city.
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.
§ 72.02 LICENSE REQUIREMENT.
(A) Any person who is an itinerant merchant,
peddler, or solicitor shall obtain a license before engaging in such
activity within the city.
(B) The fee and the duration periods for the
license required by this chapter shall be as set from time to time
by the City Commission.
(C) No license issued under this chapter shall
be transferable.
Penalty, see § 72.99
§ 72.03 APPLICATION PROCEDURE.
(A) All applicants for licenses required by this
chapter shall file an application with the City Clerk-Treasurer/Tax
Collector. This application shall be signed by
the applicant if an individual, or 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;
i.
The local address of such individual;
ii.
The permanent address of such individual;
iii.
The capacity in which such individual will act;
(b) The
name and address of the person, if any, or whose purpose the
business will be
carried on, and if a corporation, the state of
incorporation;
(c) The
time period or periods during which it is proposed to carry on
applicant’s
business;
(d) (a)
The nature, character, and quality of the goods or services
to be
offered for sale or
delivered;
i.
If goods, their invoice value and whether they are to be sold
by
sample as well
as from stock;
ii. If
goods, where and by whom such goods are manufactured or
grown, and where
such goods are at the time of application;
(e) The
nature of the advertising proposed to be done for the business;
i.
Whether or not the applicant, or the individual identified in
division (A) (2)
(a) above, or the person identified in division
(A) (3) 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;
(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 application the following:
(1) If
required by the city, copies of all printed advertising proposed to
be
used in connection with
the applicant's business;
(2) If
required by the city, credentials from the person, if any, for which
the applicant proposes to
do business, authorizing the applicant to act
as such representative.
(D) Applicants who propose to handle foodstuffs
shall also attach to their application, in addition to any
attachments required under division (C), a statement from a licensed
physician, dated not more than ten days prior to the date of
application, certifying the applicant to be free of contagious or
communicable disease.
§ 72.04 STANDARD 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
such 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:
(a) Has been
convicted of a crime of moral turpitude; or
(b) Has made
willful misstatements in the application; or
(c) Has
committed prior violations of ordinances pertaining to itinerant
merchants, peddlers,
solicitors, and the like; or
(d) Has
committed prior fraudulent acts; or
(e) Has a
record of continual breaches of solicited contracts; or
(f) Has an
unsatisfactory moral character
Will constitute valid reasons for disproval of an application.
§ 72.05 REVOCATION PROCEDURE.
Any license or permit granted under this chapter may be revoked by
the City Clerk-Treasurer/Tax Collector after notice and hearing,
pursuant to the standards in 72.06. 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. Such notice shall
be mailed to the licensee at his last known address, at least ten
days prior to the date set for the hearing.
§ 72.06 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; or
(B) Any fraud, misrepresentation, or false
statement made in connection with business being conducted under the
license; or
(C) Any violation of this chapter; or
(D) Conviction of the licensee of any felony, or
conviction of the licensee of any misdemeanor involving moral
turpitude;
(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.
§ 72.07 APPEAL PROCEDURE.
(A) Any person aggrieved by a decision under
72.04 or 72.06 shall have the right to appeal to the City
Commission. The appeal shall be taken by filing
with the City Commission, within 14 days after notice of the
decision has been mailed to such person's last known address, a
written statement setting forth the grounds for appeal.
The City Commission shall set the time and place for a
hearing, and notice for such hearing shall be given to such person
in the same manner as provided in 72.05.
(B) The order of the City Commission after the
hearing shall be final.
§ 72.08 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.
(B) The City Clerk-Treasurer/Tax Collector 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 such time as he is engaged in the business
licensed.
§ 72.09 YARD SALES
The owner or occupant of premises where a yard sale is to be
conducted shall acquire a permit and shall list the names of all
other persons participating in the yard sale, who shall also be
deemed a person to whom a permit is issued. No person shall conduct
or participate in a yard sale for more than a total of six (6) days
or parts thereof during any calendar year. No fee shall be required.
§ 72.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not
more than $500. Each day's violation shall
constitute a separate offense.
TITLE IX: GENERAL REGULATIONS
Chapter
90. ANIMALS
91. LITTER
CONTROL
92. NUISANCES
93.
DUMPSTER REQUIRED
94. HAZARDOUS SUBSTANCE
CHAPTER 90: ANIMALS
Section
General Provisions
90.01 Keeping or livestock in city restricted
Dogs
90.15 Definitions
90.16 Restraint, control of dog required; noise
disturbance
90.17 Impoundment
90.18 Notice to owner; reclaiming impounded dog
90.19 Citation
90.31 Vicious dogs
90.99 Penalty
GENERAL PROVISIONS
§ 90.01 KEEPING OF LIVESTOCK IN
CITY RESTRICTED.
(A) It shall be unlawful for any person to keep
within the city limits any of the following animals unless the
person provides a minimum of five contiguous acres, surrounded by a
fence adequate to contain such animals: cows, pigs, horses, sheep,
goats, peacocks, chickens, ducks, or other poultry.
(B) However, it shall not be unlawful for any
person keeping any animals described in division (A) at the time of
passage of this section to continue to keep an equal or lesser
number of such animals at their present location within the city;
provided, any person wishing to continue to keep such animals shall
as a prerequisite to the exemption provided by this division:
(1) Within 60 days of
passage of this section give written notice to the City
Clerk-Treasurer/Tax Collector of
the number and specie of animals being
kept by him at the time of passage
of this section;
(2) Allow periodic
inspections of such animals by a designated representative
of the City Commission; and
(3) Not increase the
number or specie of animals being kept at the time of
passage of this section. (Ord.
84-5, passed
11-6-85) Penalty, see § 90.99
DOGS
§ 90.15 DEFINITIONS.
For the purpose of this subchapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"DOG."
Any member of the canine family, six months of
age or over, male or female.
"DOG POUND."
Any premises designated by the City Commission for the
purpose of impounding and caring for dogs held under the provisions
of this subchapter.
"DOG WARDEN."
The officer employed, appointed, and authorized by the City
Commission to primarily enforce the dog, animal, and livestock laws
of the state and the city.
"OWNER."
Any person, partnership, or corporation that owns, keeps, or
harbors a dog.
"RESTRAINED."
A dog which is:
(1) Kept upon the
premises of its owner;
(2) Confined within
an enclosure from which it cannot escape;
(3) Firmly secured by
means of a collar and chain or other device so that it
cannot stray beyond the control of
a person accompanying the dog off of
the owner's premises.
(Ord. 86-4, passed
9-1-86)
§ 90.16 RESTRAINT, CONTROL OF DOG REQUIRED;
NOISE DISTURBANCE.
(A) All dogs within the city limits shall be
restrained.
(B) No owner shall fail to exercise proper care
and control of a dog so as to prevent the following actions: chasing
of vehicles; excessive, continuous, or untimely barking or howling;
molesting of passerby; attacking other domestic animals; trespassing
upon school grounds, trespassing upon private property, or damaging
any property of any nature. (Ord. 86-4, passed
9-1-86) Penalty, see § 90.99
§ 90.17 IMPOUNDMENT.
Dogs which are not restrained in accordance with 90.16(A) shall be
taken by the Dog Warden to the dog pound and there confined for a
period not less than seven days unless claimed by its owner.
(Ord. 86-4, passed
9-1-86)
§ 90.18 NOTICE TO THE OWNER; RECLAIMING
IMPOUNDED DOG.
If the owner can be identified, the Dog Warden shall take reasonable
steps to notify the owner that his dog has been impounded.
If the dot is not claimed within seven days, it shall be paid
by the city. As the owner reclaiming an impounded dog shall pay a
fee of $26 to the city for impoundment. The owner shall also pay $3
per day for board for each day the dog is pounded. Proof of
vaccination for rabies shall be furnished before any impounded dog
is released to an owner.
(Ord. 86-4, passed
9-1-86)
§ 90.19 CITATION.
The Dog Warden, if he has acquired the status of a peace officer, or
any other peace officer may issue to an owner violating 90.16(B) a
citation giving notice of a charge of the violation.
(Ord. 86-4, passed
9-1-86)
VICIOUS DOGS
§ 90.31 DEFINITIONS
(A) A vicious dog is defined as any with a known propensity,
tendency or disposition to attack unprovoked, to cause injury to, or
otherwise threaten the safety of human beings or domestic animals;
or,
(B) Any dog which because of its size, physical nature, and vicious
propensity is capable of inflicting serious physical harm or death
to humans and which would
constitute a danger to human life or property if it were not kept in
the manner required by this subchapter; or,
(C) Any dog which, without provocation, attacks or bites, or has
attacked or bitten, a human being or domestic animal.
§ 90.32 CONFINEMENT/RESTRAINT
(A) It shall be unlawful for any person to keep or harbor within the
city a vicious dog unless it is at all times kept securely enclosed
in such a manner that it cannot escape from the owner’s premises.
Such enclosure must have a minimum dimension of five (5) feet by ten
(10) feet per dog and must have secure sides six feet high and a
secure top. If it has no concrete, cement or asphalt bottom, the
sides must be imbedded into the ground no less than two (2) feet and
be kept in a clean and sanitary condition. The enclosure must also
provide protection from the elements for the dog. A vicious dog
shall be transported to or from the indoors and securely enclosed
and locked outdoor pen or shelter only if such dog is muzzled and
restrained by a suitable chain or leash not exceeding six (6) feet
in length and under the control of a responsible adult. The muzzle
must be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but will prevent the dog
from biting any person or animal.
§ 90.33 OTHER REQUIREMENTS.
(A) No person under the age of 18 years shall be permitted to own,
harbor or handle a vicious dog.
(B) Owners of vicious dogs must provide proof to the City Clerk of
public liability insurance in the amount of at least $100,000.00,
insuring the owner for any personal injuries inflicted by his or her
vicious dog.
(C) The owner or keeper of a vicious dog shall display a sign on his
or her premises warning that there is a vicious dog on the premises.
Such sign shall be visible and capable of being read from the public
street.
(D) The owner or keeper shall immediately notify the city if a
vicious dog is on the loose, in unconfined, has attacked another
animal or has attacked a human being, or has died.
(E) City employees are hereby empowered to make whatever inquiry is
deemed necessary to ensure the compliance with the provisions of
this article, and any such dog warden is hereby empowered to seize
and impound any vicious dog whose owner or keeper fails to comply
with the provisions hereof.
§ 90.99 PENALTY.
Any person who violates any provision of this chapter for which
another penalty is not already otherwise provided shall be fined not
more than $100 for each offense, except that in the event of a
violation of § 90.31 et seq. the amount shall be $500.
CHAPTER 91: LITTER CONTROL
Section
91.01 Short title
91.02 Purpose
91.03 Definitions
91.04 Littering prohibited
91.05 Litter receptacles
91.06 Sweeping litter into gutters
91.07 Handbills
91.08 Throwing litter from vehicles
91.09 Vehicles carrying loads
91.10 Authority of city to inspect property,
correct violations
91.11 Authority so issue citations or make
arrests
91.99 Penalty
§ 91.01 SHORT TITLE.
This chapter shall be known and may be commonly referred to as the
Litter Control Chapter.
§ 91.02 PURPOSE.
The purpose of this chapter is to accomplish litter control in the
city. This chapter is intended to place upon all
persons within the city the duty of contributing to the public
cleanliness of the city and appearance in order to promote the
public health, safety, and welfare and to protect the economic
interests of the people of the city against unsanitary and unsightly
conditions. It is further the intent of this
chapter to protect the people against the health and safety menace
and the expense incident to littering.
§ 91.03 DEFINITIONS.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"CITY."
The City of New
Castle,
Kentucky.
"DUMPOUTS."
Any material emptied from a vehicle or building upon streets,
roadsides, or public places other than that emptied in appropriate
litter receptacles.
"HANDBILL."
Printed or written material excluding newspapers; which
advertises for sale any business or other activity, or event of any
kind.
"JUNK VEHICLE."
Any inoperable vehicle.
"LITTER."
All solid wastes including but not limited to containers,
packages, wrappings, printed matter, or other material thrown or
deposited as herein prohibited, but not including the wastes of the
primary processes of mining, logging, sawmilling, farming, or
manufacturing.
"LITTER BAG."
A bag, sack, or other container, made of any material which
is large enough to serve as a receptacle for litter inside the
vehicle or watercraft of any person.
"LITTER RECEPTACLE."
Those containers meeting the requirements of the Department
for Natural Resources and Environmental Protection.
"NEWSPAPER."
Any newspaper of general circulation as defined by general
law.
"PARK."
A playground, recreation center, or any other area in the
city devoted to active or passive outdoor recreation.
"PERSON."
Any individual, industry, public or private corporation,
co-partnership, association, firm, or other entity, whatsoever.
“PRIVATE PROPERTY.”
Any property not publicly owned or held out for use by the public.
"PUBLIC PLACE."
Any area that is used or held out for use by the public
whether owned or operated by the public or private interests.
"SOLID WASTE."
All putrescible and nonputrescible solid and semisolid wastes
including garbage, rubbish, ashes, industrial wastes, swill,
demolition and construction wastes, abandoned vehicles or parts
thereof, and discarded commodities.
"STREET."
Any highway, road, alley, collector, local, arterial, or
freeway within the political subdivision.
"SWEEPOUTS."
Any collection of debris, resulting from
clean-up operations, that is deposited in or around a public place.
"VEHICLE."
Every device capable of being moved upon a public street and
in, upon, or by which any person or property is or may be
transported or drawn upon a public street, excepting devices move by
human or animal power or used exclusively upon stationary rail or
tracks.
"WATERCRAFT."
Any boat, ship, vessel, barge, or other floating craft.
§ 91.04 LITTERING PROHIBITED.
No person shall throw, drop, deposit, discard, or otherwise dispose
of litter upon any public place in the city, or upon any private
property not owned by him, or in any waters within the jurisdiction
of the city whether from a vehicle or otherwise except:
(A) When that property is designated by the
state or by any of its agencies or the city for disposal of garbage
and refuse and that person is authorized by the proper public
authority to so use that property;
(B) Into a litter receptacle or other container
in a manner that the litter will be prevented from being carried
away or deposited by the elements upon any part of any public place
or any private property; or
(C) When a person is the owner or does have
control or custody of the property, or has prior consent of the
owner or tenant in lawful possession of the property, or unless the
act is done under the personal direction of the owner or tenant and
provided the litter will not cause a public nuisance or be in
violation of any other state or local laws, rules, or regulations.
(D) Any person violating the provisions of this
section shall be guilt of a misdemeanor and in addition to or in
lieu of any other penalty, that person may in the sound discretion
of the court, or any private property, with permission of the owner,
or the person in possession of the property, upon which it is
established that the person has deposited litter and all litter
deposited thereof by anyone prior to the date of the execution of
sentence.
§ 91.05 LITTER RECEPTACLES.
(A) Placement.
(1) Litter
receptacles shall be placed in all parks, trailer parks in respect
to
the service of transient
habitation, gasoline service stations, tavern
parking lots, shopping
centers, grocery store parking lots, marinas,
boat launching areas,
beaches, bathing areas, and other public places in
numbers appropriate to
need.
(2) It shall
be the responsibility of any person owning or operating any
establishment or public
place in which litter receptacles are required
by this section to procure
and place and maintain the litter receptacles
at their own expense on
the premises.
(B) Use of receptacles.
Litter receptacles placed on sidewalks and other public places shall
be used only for that litter material as persons may have for
disposal while passing along the street or other public places and
in no event shall be used for the disposal of other solid waste
accumulated in residences or places of business.
(C) Damaging receptacles. It
shall be unlawful for any person to willfully damage or deface any
litter receptacle.
(D) Removal of litter. It
shall be the responsibility of the local municipality, county, or
other agency or person owning or maintaining the same for the
removal of litter from litter receptacles placed in parks,
campgrounds, and other public places. Penalty,
see 91.99
§ 91.06 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit any handbill upon any public
place the accumulation of litter from any building, lot, or from any
public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalks in front of
their premises free of litter.
Penalty, see 91.99
§ 91.07 HANDBILLS.
(A) No person shall throw or deposit any
handbill upon any public place within the city.
However, it shall not be unlawful for any person to hand out,
without charge to the receiver thereof, any handbill to any occupant
of a vehicle, or to any other person who is willing to accept it.
(B) No person shall throw or deposit any
handbill in or upon any uninhabited or vacant private property.
(C) Exemption for mail and newspapers.
The provisions of this section shall not apply to the
distribution of mail by the
U.S. nor to newspapers, as defined
herein, except that newspapers shall be placed on private residences
or other private property in such a manner as to prevent their being
carried or deposited by the elements upon any public place or upon
private property. Penalty, see 91.99
§ 91.08 THROWING LITTER FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or
otherwise deposit litter upon any public place or upon any private
property.
Penalty, see 91.99
§ 91.09 VEHICLES CARRYING LOADS.
(A) No vehicle shall be driven or moved on any
public street unless that vehicle is so constructed or loaded as to
prevent any of its load from dropping, shifting, leaking, or
otherwise escaping therefrom, except that sand or gravel may be
dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway surface in the cleaning or
maintaining of the roadway by public authority having jurisdiction
for the same or by persons under contract or other authorization by
that public authority.
(B) Any person owning or operating a vehicle
from which any glass, trash, or other objects of its load have
fallen or escaped, which would constitute an obstruction or injure a
vehicle or otherwise endanger travel upon a public street shall
immediately cause that public street to be cleaned of all glass or
other objects and shall pay any cost therefore. All trash haulers
must have their vehicles adequately covered to prevent loose
materials from falling or escaping.
Penalty, see 91.99
§ 91.10 AUTHORITY OF
CITY
TO INSPECT PROPERTY, CORRECT VIOLATIONS.
(A) The Chief of the Police Department or any
other member of the Police Department designated by him is
authorized to inspect all property and whenever the Chief or the
designated member of the Police Department shall find any conditions
set out above in this chapter existing, he shall order them to be
removed or remedied and the order shall promptly be complied with by
the owner of the property.
(B) If the Police Chief or any member of the
Police Department, after diligent search, is unable to locate or
determine the owner of any property upon which any of the above
mentioned conditions exist, the Chief shall cause the order to be
published in a local newspaper for two consecutive weeks.
(C) Upon failure of the owner to comply with the
order or if the owner cannot be determined or located after diligent
search and notice herein provided for, the Police Chief or
designated member of the Police Department may have any of the
conditions set out above removed at the owner's expense. This
expense may be enforced against the property and the officer or
anyone employed by him to do the work shall have a lien on the real
estate whereon the conditions exist, which may be filed in the
County Clerk’s
office.
§ 91.11 AUTHORITY TO ISSUE CITATIONS OR MAKE
ARRESTS.
Enforcement of this chapter may be by any police officer.
All enforcement officers are empowered to issue citations to
or arrest without warrant, persons violating the provisions of this
subchapter. The enforcement officers may serve
and execute all warrants, citations, and other processes issued by
the courts. In addition, mailing by registered
mail of the warrant, citation, or other process to the last known
place of residence of the offender shall be deemed as personal
service upon the person charged.
§ 91.99 PENALTY.
(A) Any person who violates any provision of
this chapter for which another penalty is not specified shall be
fined not more than $100 for each offense.
(B) Any person who violates 91.08 shall be fined
not less than $20 nor more than $100 for each offense.
CHAPTER 92: NUISANCES
Section
92.01 Definitions
92.02 Common law and statutory nuisances
92.03 Certain conditions declared a nuisance
92.04 Abatement procedure
92.05 Nuisance created by others
92.06 Suspension of license
92.99 Penalty
§ 92.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"AUTOMOBILE PARTS."
Any portion or parts of any motor driven vehicle as detached
from the vehicle as a whole.
"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 ten consecutive days.
"MOTOR VEHICLE."
Any style or type of motor driven vehicle used for the
conveyance of persons or property.
"NUISANCE."
Public nuisance.
"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.
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter 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 in provided in this chapter or in accordance with any other
provision of law. Penalty, see 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
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. The following
conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining street.
Any tree, stack, or other object standing in such condition
that it will, if the condition is allowed to continue, endanger the
life, limb, or property of, or cause hurt, damage, or injury to
persons or property upon the public streets or public ways adjacent
thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish.
The accumulation of rubbish, junk, debris, or garbage so as to cause
an unsightly or unsanitary condition. A
condition will be construed to be unsightly or unsanitary if a
reasonable person would upon examination of it believe that it is
unsightly or unsanitary. (Ord. 84-6, passed
11-6-85)
(C) Storage of explosives. The storage of
explosive material which creates a safety hazard to other property
or persons in the vicinity.
(D) Uncut lawns. The failure
to mow any real estate for a period in excess of 30 days. However,
no person shall be found to be in violation of this subsection
unless the vegetation on the lawn (excepting flowers, shrubs, trees,
and vines) has grown to a height in excess of six inches.
(E) Weeds. The existence of
thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy,
poison oak, iron weeds, and all other noxious weeds and rank
vegetation in excess of a height of 12 inches.
(F) For Property with an agricultural zoning classification, the
provisions of Subsections (D) and (E) above shall only apply to that
portion of such property that is within fifty (50) feet of the
property line of any adjoining tract of property that is within the
city’s boundaries.
(G) 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.
(H) Trees and shrubbery obstructing streets and
sidewalks. The growing and maintenance of trees
with less than 14 feet clearance over streets or less than eight
feet over sidewalks, or the growing and maintenance of shrubbery in
excess of three feet in height within the radius of 20 feet from the
point where the curb line of any street intersects the curb line of
any other street. No shrub shall be planted
between the curb line of any street within a radius of 20 feet from
the curb line of any street intersects with the curb line of another
street.
(I) Keeping of animals. The
failure to keep an animal's pen, yard, lot, or other enclosure in a
sanitary condition and free from preventable offensive odors.
(J) 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. Penalty, see 92.99
§ 92.04 ABATEMENT PROCEDURE.
(A) Any police officer is authorized to inspect
property within the city. Whenever he finds any of the conditions in
§ 92.03 to exist, he may order them to be removed or remedied in
accordance with the procedure described in divisions (B) and (C) of
this section. The failure to implement the nuisance abatement
procedure herein shall not preclude the police officer from seeking
enforcement of any provision herein directly in Henry District
Court.
(B) Whenever a nuisance situation is discovered,
the police officer shall give five days' written 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 police
officer is authorized to send city 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 police officer 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 6% annum
thereafter until paid. (KRS 381.770) (Ord. 84-6, passed
11-6-85)
§ 92.05 NUISANCE CREATED BY OTHERS.
For the purposes of this chapter, 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.
§ 92.06 SUSPENSION OF LICENSE.
(A) Whenever it is brought to the attention of
the City Commission that a nuisance exists and the City Commission
deems that there is an immediate threat to the public health,
safety, or welfare, the City Commission may by majority vote suspend
the license of any person conducting business upon the premises
where the nuisance exists.
(B) The City Clerk-Treasurer/Tax Collector shall
cause notice of the suspension to be served personally upon the
licensee or at the premises where the nuisance exists.
(C) Upon application of the licensee, the City
Commission may remove the suspension upon such terms as it may
direct.
§ 92.07 DISCHARGE OF FIREARMS.
It shall be unlawful for any person to discharge a firearm within
the City Limits. Firearm shall mean any weapon which will expel a
projectile by the action of an explosive. This provision shall not
apply to peace officers, while acting in lawful
performance of their duties. Passed by the City Commission of the
City of New Castle, Kentucky on this the 3 day of July, 1989.
§ 92.08 POSSESSION PROHIBITED.
No person shall knowingly deposit, possess or carry, whether openly
or concealed, for purposes other than city-sanctioned ceremonial
purposes, or the purposes permitted herein below, any firearm in or
upon any building, grounds, recreational area or athletic field
owned by the City of New
Castle.
§ 92.09 DEFINITION.
“Firearm” shall mean any weapon which will expel a projectile by the
action of an explosive.
§ 92.10 EXPECTATION.
The provisions of § 92.08 and 92.09 shall not apply to:
A) The possession of a
firearm, if it is contained within a vehicle and is
not removed from the
vehicle, except for a purpose otherwise
permitted herein, or
brandished about, while the vehicle is on city
property;
B) Any peace officer or police
officer authorized to carry a weapon
pursuant to KRS 527.020;
C) Persons employed by the
Armed Forces of the
United States or
members of the National
Guard or militia when required in the
discharge of their
official duties to carry arms or weapons;
D) Civil officers of the
United States
in the official discharge of their
duties;
E) Exhibitors of historical
displays who have been authorized by the city
F) A person hunting during the
lawful hunting season on lands owned
by the City and open to
hunting by the City or traversing City
property for the
purposes of the gaining access to lands open to
hunting with the intent
to hunt thereon. (Ord 96-11;116)
§ 92.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not
more than $100 for each offense. Each day's
continued violation shall constitute a separate offense.
CHAPTER 93: DUMPSTER REQUIRED
Section
93.01 Dumpster containers required
93.02 Dumpster screening requirements;
requirements for obtaining permit;
location and maintence of dumpsters
93.99 Penalty
§ 93.01 DUMPSTER CONTAINERS REQUIRED:
Dumpster containers shall be required to be furnished at the expense
of the owner at the following locations:
(A) Apartment buildings, townhouses or condominiums of three (3)
units or larger.
(B) All office, commercial and industrial units or other buildings,
at which dumpsters are presently located or voluntarily placed for
use after the effective date of this ordinance shall comply with all
provisions herein.
§ 93.02 DUMPSTER SCREENING REQUIREMENTS; REQUIREMENTS FOR OBTAINING
PERMIT; LOCATION AND MAINTENCE OF DUMPSTERS.
(A) All dumpsters shall be screened. Existing properties with
dumpsters and which are not screened may be required to screen
within sixty (60) days of formal written notice by the city. The
screening requirements shall be as follows:
(1) The dumpster area must be screened
on three (3) sides using material
consisting of stone, brick,
concrete block or wood. Screens of stone, brick,
concrete block or wood shall have
eighty (80) percent opacity (80% solid).
(2) The average height of screening
material shall be one (1) foot more than
the height of the dumpster but
when the walls or fences are used, shall not
exceed eight (8) feet in height.
(3) The opening for removal of the
dumpster for collection must be a
minimum of twelve (12) feet in
width (for each additional dumpster, add
ten (10) feet, and when doors are
provided, some means of retaining the
door in an open position while
servicing must be provided).
(4) A concrete pad large enough to
support the dumpster and the front wheels
of the dumpster collection
vehicle may also be required where the existing
surface material, as determined
by the city, is not adequate to support
dumpster and collection vehicle.
(B) No dumpster or screening as required above, shall be permanently
placed or constructed upon any site without first obtaining a permit
from the city. In order to obtain such permit, an application
accompanied by a plat of the property on which the dumpster and
screening is to be located, drawn to scale and showing the location
of all structures, public right-of-way, and the location of the
proposed dumpster and all required screening, shall be submitted to
the city. The plat shall contain a statement that it is true and
accurate depiction of the site shown thereon and be signed by the
owner or person who has charge, care or control of the premises.
(C) No dumpster shall be located closer than twenty five (25) feet
shall be located in such a manner that the unscreened side shall be
visible from any public right-of-way. Whenever in the opinion of the
city a dumpster and/or the screen cannot be located upon a
particular site so as to conform with these requirements, or there
are special circumstance which make the requirements, wholly
impracticable, the city may designate a location for the dumpster
which in its discretion is the most accessible and aesthetically
appropriate or make exemptions from the requirements as necessary.
(D) All dumpsters, shall be maintained in a safe and sanitary
condition and shall be cleaned by the owner/occupant of the dumpster
site as often as necessary to prevent the dumpster from becoming
malodorous. Litter and debris shall not be allowed to accumulate
around the dumpster, and all refuse shall be deposited in such a
manner as to prevent it from blowing out of the dumpster.
(E) Establishments using dumpster containers shall ensure that the
container is placed at a point that is reasonable accessible for the
purpose of the collection. Such point shall not be in any public
street, alley or sidewalk, or upon any public property of any nature
and all dumpster containers shall be maintained in good condition.
Any container with ragged edges, serious rust problems affecting the
strength of the container or broken sleeves shall be removed and
replaced. Formal notice of the required dumpster replacements will
be given to property owners and/or tenants.
(F) Temporary placement of dumpsters on the right-or-way or other
public property for construction or demolition work requires a
permit from the city.
§ 93.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not
more that $100.00 for each offense. Each day’s continued violation
shall constitute a separate offense.
CHAPTER 94 STORAGE OF HAZARDOUS SUBSTANCES AND RESPONSE TO HAZARDOUS
SUBSTANCE(S) INCIDENTS.
Section
94.01 Definitions
94.02 DES district responsibility
94.03 Fire chief’s responsibility
94.04 Planning required
94.05 Handler or user responsibility
94.06 Response
94.07 Cost recovery
94.08 Enforcement/Penalties
94.09 Severability of ordinance
§ 94.01 DEFINITIONS:
The following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
“EMERGENCY RESPONSE PERSONNEL”. Shall mean any public
employee, including, but not limited to, any firefighter, or
emergency response personnel, who responds to any condition caused
in whole or part, by a hazard that jeopardizes or could jeopardize
public health or safety of the environment.
“FIRE CHIEF”. Shall mean the Fire Chief of the City of
New Castle or the
County of Henry
or the next in command.
“HANDLER”.
Shall mean any person who transports or stores a hazardous
substance(s).
“HAZARDOUS SUBSTANCE(S)”.
As used in this ordinance shall be defined as in KRS 224.01-400 as
amended.
“HAZARDOUS WASTE”.
As used in this ordinance shall be defined as in KRS 224.01-010 and
supporting regulations as amended.
“MSDS”.
Shall mean a Material Safety Data Sheet prepared pursuant to state
law or pursuant to regulations of the Occupational Safety and Health
Administration of the United States Department of Labor.
“PERSON”.
Shall mean any individual, trust, limited liability company, firm,
company, society, corporation, joint stock company, partnership,
consortium, association, cooperation, joint venture, city, county,
special district, state or any department or agency or political
subdivision thereof, United States Government, or other commercial
or legal entity.
“PREPLANNING”.
Shall mean a joint assessment by persons storing or handling
hazardous substance(s) and the Fire Chief of the risks associated
with the hazardous substance(s) and may include inspections, joint
training and practice.
“RELEASE”.
Shall mean any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, scraping, leaching, dumping, or
disposing into the environment of a hazardous substance(s) in
quantities which meet or exceed the reportable quantity amounts
established by state or federal regulations.
“THREATENED RELEASE”.
Shall mean a condition creating a substantial probability of a
release when the probability and potential extent of a release make
it reasonably necessary to take immediate action to prevent, reduce
or mitigate damages to persons, property, or the environment.
“USER”.
Shall mean any person who uses a hazardous substance(s).
“DISASTER AND EMERGENCY SERVICES (DES) DIRECTOR”.
Shall be that official appointed by the Mayor and County
Judge/Executive pursuant to KRS 39.415.
“OWNER OR OPERATOR”.
Shall mean any person having ownership, control or executive
authority of a facility where a hazardous substance(s) is handled or
used.
§ 94.02 DES DIRECTOR RESPONSIBILITY.
The DES Director shall be responsible for administering and
enforcing the provisions of this ordinance and shall be responsible
for the City’s or County’s compliance with all applicable state and
federal laws and regulations. The DES Director shall further give
full access to, and available of, information submitted under this
ordinance to
emergency response personnel and other appropriate governmental
entities on a twenty-four hour basis. At no time will the DES
Director relinquish command and control during the emergency.
§ 94.03 FIRE CHIEF’S RESPONSIBILITY.
The Fire Chief is authorized and directed to coordinate and
cooperate with the DES Director on all hazardous material responses
and follow-up.
§ 94.04 PLANNING REQUIRED.
Any handler or user of hazardous substances who stores or handles
hazardous materials for any length of time shall immediately notify
the DES Director, through the use of MSDS or other documentation,
that a hazardous substance(s) is being stored. When the storage of
such substance(s) is planned to or does exceed thirty days, the
responsible person storing, handling, or using that substance(s)
shall notify the DES Director and shall engage in preplanning with
the DES Director. This section does not apply to storage of
hazardous substances at fixed facilities for less than thirty days
provided those facilities comply with the other provisions of this
ordinance. The thirty day time period set out in this section
continues to run as long as there is a hazardous substance(s) at the
facility and does not require any particular substance(s) to be
handled or stored for over thirty days.
§ 94.05 HANDLER OR USER RESPONSIBILITY.
The owner or operator of any facility at which a hazardous
substance(s) is handled or used shall notify the DES Director,
through the use of a MSDS or other documentation, of the substances
being stored at the site of the owner or operator by providing the
DES Director with a complete inventory and location of such
hazardous substances. Such owner or operator shall also implement
emergency response plans and procedures for the mitigation of a
release or threatened release to minimize any potential harm or
damages to persons, property or the environment as may be necessary
for a particular incident and implement evacuation plans and
procedures, including the immediate notice to the Fire Department
and to persons within the immediate site and adjacent properties.
Such owners or operators shall also provide training for all
employees as required by State and Federal OSHA standards and
regulations. Such owners or operators shall also allow periodic
inspections by the DES Director of Fire Chief of the storage site.
§ 94.06 RESPONSE.
The City and
County
Fire Department are authorized to
respond to and abate the effects of any release or threatened
release of hazardous substances into the
environment, pursuant to the existing preplanning agreement, when
requested to do so by the handler or user or when, in the judgment
of the DES Director or Fire Chief, there exists an imminent hazard
to human health or the environment.
§ 94.07 COST RECOVERY.
Any person causing an unauthorized release of any hazardous
substance(s) or hazardous waste(s) shall be responsible for its
clean-up and all expenditures pursuant thereto. Any person causing
an unauthorized release of any hazardous substance(s) or hazardous
waste which results in the City or County expending public funds for
the response to the release, its abatement, or the cleanup or
removal of such hazardous substance(s) or hazardous waste shall be
liable to the City or County for all recoverable costs as outlined
below.
(A) In the event of a hazardous substance(s) release or threatened
release involving materials in transit, the shipper (carrier), the
owner of the substances, and all other persons whose activities
caused or contributed to a release or threatened release, jointly
and severally, shall be responsible for all direct costs including,
but not limited to, personnel costs of the City New Castle and Henry
County Fire Departments and other dispatched emergency workers
responding to the release or threatened release, replacement costs
of supplies and equipment contaminated as a result of the incident,
the cost of proper disposal of contaminated materials, the cost of
cleanup, evacuation, and administrative and other expenses,
including legal expenses, incurred in recovering these costs. The
City and County
Attorney are hereby authorized and
directed to initiate such proceedings, in the name of the City of
New Castle and the
Henry County Fiscal Court
in any court having jurisdiction over such matters as are necessary
to recover costs of the City or County.
(B) In the event of a hazardous substance(s) release or threatened
release involving a fixed facility, the operator, owner and all
other personnel of the facility responsible for the presence of
hazardous substances shall be responsible for all direct costs
including, but not limited to, personnel costs of the City and
County Fire Departments and other dispatched emergency workers in
responding to the release or threatened release, including
replacement of supplies and equipment contaminated as
a result of the incident, the cost of proper disposal of
contaminated materials, the cost of clean-up, evacuation
administrative and other expenses including legal expenses, incurred
in recovering these costs. The City and
County Attorney
are hereby authorized and directed to initiate such proceedings, in
the name of the City of New
Castle and the Henry
County Fiscal Court
in any court having jurisdiction over such matters as are necessary
to recover costs of the City or County.
(C) Any hazardous substance(s) or material release shall be
considered a public health hazard and for those responses made by
the New Castle
or Henry County Fire Departments and other emergency response
personnel involving a fixed facility within the City or County, the
City or County shall have a lien against the property for the
recoverable costs as stated hereinabove. The affidavit of the DES
Director shall constitute prima facia evidence of the amount of the
lien and the regularity of the proceedings 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 end shall bear interest at the rate of 6 percent per annum
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 proceedings. The owner
of a property upon which a lien has been attached shall be
personally liable for the amount of the lien, including all
interest, civil penalties, and other charges and the City or County
shall have the same remedies as provided for the recovery of a debt
owned.
§ 94.08 ENFORCEMENT/PENALTIES.
(A) The DES Director will have primary responsibilities for
enforcement of the provisions of this Ordinance.
(B) Upon notification or discovery of any violation of the
provisions of this Ordinance, the DES Director or his next in
command shall investigate the site, and if a violation is found,
issue a notice of violation to the person responsible for the
facility. This notice shall provide for immediate abatement periods
of other violations.
(C) Any person who fails to notify the DES Director of a release or
threatened release may be fined not more than five thousand dollars
($5,000) per offense. Each day’s continuance of any such failure or
violation shall be considered a separate offense.
§ 94.09 SEVERABILITY OF ORDINANCE.
The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared null and
void or unconstitutional by a valid judgment or decree of a court or
competent jurisdiction, such declaration shall not affect the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance nor any other ordinance or section thereof adopted
and codified by the respective legislative bodies.
TITLE XI:
TAXATION AND OTHER FISCAL MATTERS
Chapter
110.
FINANCIAL ADMINISTRATION
111.
IMPROVEMENTS AND SPECIAL ASSESSMENTS
112. GENERAL
TAXATION
113.
LICENSE TAX ON INSURANCE COMPANIES
114.
BANK FRANCHISE AND LOCAL DEPOSIT TAX
115.
TAXATION OF ABANDONED URBAN PROPERTY
CHAPTER 110: FINANCIAL ADMINISTRATION
Section
110.01 Definitions
110.02 Accounting records and financial reports
110.03 Annual budget ordinance
110.04 Annual audit of city funds
110.05 Official depositories; disbursement of
city funds
§ 110.01 DEFINITIONS.
As used in this chapter, 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 PRINCIPLES OF GOVERNMENTAL ACCOUNTING."
Those standards and procedures promulgated and
recognized by the National Council of Governmental Accounting, the
Municipal Finance Officers of the
United States and
Canada, and the American Institute
of Certified Public Accountants. (KRS 91A.010)
§ 110.02 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)
§ 110.03 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 money shall be
expended from any governmental or proprietary fund, except in
accordance with a budget ordinance adopted pursuant to this section.
(B) Monies 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
one fiscal year.
(E) Preparation of the budget proposal shall be
the responsibility of the Commission.
(F) The budget proposal shall be prepared in
such form and detail as is prescribed by ordinance.
(G) The budget proposal together with a budget
message shall be submitted to the Commission 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) The Commission 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 the Commission 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 one fiscal year in
violation of section 157 of the
Kentucky Constitution.
(I) The full amount estimated to be required for
debt service during the budget year shall be appropriated.
(J) The Commission 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
Commission. Such responsibility includes the
preparation and submission to the Commission of operating
statements, including budgetary comparisons of each governmental
fund for which an annual budget has been adopted. Such reports shall
be submitted not less than once every three 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 § 110.02.
(M) No city agency, or member, director,
officer, or employee thereof, 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 of the money by the
city in any way to any extent, beyond the balance of any
appropriation made for the purpose. (KRS
91A.030)
§ 110.04 ANNUAL AUDIT OF CITY FUNDS.
(A) The city, except as provided in division (J)
below, shall, as soon as practicable and in no event later than 270
days 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.
(B) The city 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 will be employed to examine the general purpose financial
statements of all
governmental proprietary and fiduciary funds of the
city;
(2) All audit
information will be prepared in accordance with generally
accepted governmental auditing standards which
includes such tests of
the accounting records and such 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;
(3) The
auditor prepare a typewritten or printed report embodying the
general purpose financial
statements and his opinion and statements
relating thereto;
(4) 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;
(5) The
completed audit and all accompanying documentation shall be
presented to the
Commission at a regular or special meeting;
(6) 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 the 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
accountants work papers
upon request.
(C) Within ten days of the completion of any
audit, and its presentation to the City Commission pursuant to
division (B) (5) of this section, the city shall forward three
copies of the audit report to the Finance and Administration Cabinet
for information purposes.
(D) A copy of an audit report which meets the
requirements of this section is 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 6.995 to 6.975.
(E) Upon completion of an audit, the city may
elect to publish the auditor's report in accordance with division
(F) of this section, or may publish a financial statement in
accordance with division (G) of this section. Notwithstanding the
election of divisions (F) or (G) 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 eight 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.
(F) 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 such
report, together with the general purpose financial statements of
the city, which shall include the combined balance sheets, combined
statements of revenues, expenditures or expenses, and changes in
fund balances, retained earnings, or financial position for each
fund of the city, and notes to such general purpose financial
statements, in accordance with KRS Chapter 424.
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.
(G) If the city 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 such statement in accordance with
KRS Chapter 424.
(H) If the city determines that the cost of
newspaper publication exceeds the cost of postage, supplies, and
reproduction, the city may substitute delivery of a copy of the
advertisement by first class mail to each residence within the
publication area, in lieu of the newspaper publication required by
this section. (KRS 424.190(2))
(I) Any person who violates any provision of
this section shall be fined not less than $50 dollars 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)
(J) In lieu of the auditing requirements set
forth in KRS 91A.040, if the city for the fiscal year in question
receives and expends, from all sources, and for all purposes, less
than $25,000, revenue debt, the city may comply fully with the
provisions of KRS 424.220 in lieu of the requirements listed in
divisions (A) through (I) above. (KRS 91A.041)
_________________________
Statutory reference:
Department for Local Government to provide assistance, see KRS
91A.050
§ 110.05 OFFICIAL DEPOSITORIES; DISBURSEMENT OF
CITY FUNDS.
(A) The Commission shall designate as the city's
official depositories one 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
Commission 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)
CHAPTER 111: IMPROVEMENTS AND SPECIAL
ASSESSMENTS
Section
111.01 Definitions
111.02 Financing of improvements
111.03 Apportionment of cost
111.04 Comprehensive report required
111.05 Public hearing required
111.06 Adoption of ordinance; notice to affected
owners
111.07 Affected owner may contest
111.08 When city may proceed; assessment
constitutes lien
111.09 Effect of additional property or change
in financing
§ 111.01 DEFINITIONS.
As used in this chapter, 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 the Commission 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 such 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 benefited by an improvement.
"SPECIAL ASSESEMENT"
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)
§ 111.02 FINANCING OF IMPROVEMENTS.
(A) The city may not finance any improvement, in
whole or in part, through special assessments except as provided in
this chapter and in any applicable statutes.
(KRS 91A.200)
(B) Cost of an improvement shall be apportioned
equitably on a fair basis.
(B) 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)
§ 111.03 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. The Commission may
assess such property in the same manner as for privately owned
property or it may pay the costs so apportioned out of general
revenues.
§ 111.04 COMPREHENSIVE REPORT REQUIRED.
Before undertaking any improvements pursuant to this chapter, 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)
§ 111.05 PUBLIC HEARING REQUIRED.
After preparation of the report required by § 111.04, the city shall
hold at least one public hearing on the proposed improvement at
which all interested persons shall be heard.
Notice of the hearing shall be published pursuant to KRS Chapter
424, and mailed to each affected property owner by certified mail,
return receipt requested, and shall include:
(A) The nature of the improvement;
(B) Description of the area of the improvement;
(C) 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;
(D) Time and place the report may be examined;
and
(E) Time and place of the hearing. (KRS 91A.250)
§ 111.06 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 § 111.04 and a description of all
properties. Promptly upon passage the city shall
publish such ordinance pursuant to KRS Chapter 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 the total cost
of the entire project. (KRS 91A.260
§ 111.07 AFFECTED OWNER MAY CONTEST.
(A) Within 30 days of the mailing of the notice
provided for in § 111.06, 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 property in the improvement, or the amount of his 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 owner 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)
§ 111.08
WHEN
CITY MAY PROCEED;
ASSESSMENT CONSTITUTES LIEN.
(A) After the passage of time for the action
provided for in § 111.07, 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 the 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
Commission shall exempt any benefited 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)
§ 111.09 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 §
111.04 through 111.08 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 such
compliance if all property owners of the improvement consent.
(KRS 91A.290)
CHAPTER 112: GENERAL TAXATION
Section
112.01 County assessment adopted
112.02 Due date; payment
112.03 Delinquency
112.04 Disposition of funds
§ 112.01
COUNTY
ASSESSMENT ADOPTED.
(A) Pursuant to the authority granted in KRS
132.285, the city hereby adopts the annual
Henry County
assessment for all real and personal property situated within the
city as the basis of all ad valorem levies ordered or approved by
the City Commission.
(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.
§ 112.02 DUE DATE; PAYMENT.
(A) Taxes shall become due on December 1.
(B) Any taxpayer who pays his city taxes before
December 1 after they become due shall be entitled to a 2% discount
thereon, and the City Clerk-Treasurer/Tax Collector shall allow the
discount and give a receipt in full to the taxpayer.
§ 112.03 DELINQUENCY.
(A) City taxes 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.
_______________________
Statutory reference:
Manner of assessment, levy, and collection in cities of the sixth
class, see KRS 92.540
§ 112.04 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 Commission.
CHAPTER 113: LICENSE TAX ON INSURANCE COMPANIES
Section
113.01 Imposition of license tax
113.02 Amount of tax for companies issuing life
insurance
113.03 Amount of tax for companies issuing
policies other than life insurance.
113.04 Due date; interest
113.05 Written breakdown of collections
§ 113.01 IMPOSITION OF LICENSE TAX.
There is hereby imposed on each insurance company a license tax for
the privilege of engaging in the business of insuring within the
corporate limits of the city, on a calendar-year basis.
§ 113.02 AMOUNT OF TAX FOR COMPANIES ISSUING
LIFE INSURANCE.
The license tax imposed upon each insurance company which issues
life insurance policies on the lives of persons residing within the
corporate limits of the city shall be 12% of the first year's
premiums actually collected within each calendar quarter by reason
of the issuance of such policies.
§ 113.03 AMOUNT OF TAX FOR COMPANIES ISSUING
POLICIES OTHER THAN LIFE INSURANCE.
The license tax imposed upon each insurance company which issues any
insurance policy which is not a life insurance policy shall be 12%
of the premiums actually collected within each calendar quarter by
reason of the issuance of such policies on risks located within the
corporate limits of the city on those classes of business which such
company is authorized to transact, less all premiums returned to
policyholders; however, 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 Worker's
Compensation Act and shall not include premiums received on policies
of group health insurance provided for state employees under KRS
18A.225 (2). (AM. Ord. 00-08, passed
6-14-02)
§ 113.04 DUE DATE; INTEREST.
All license taxes imposed by this chapter shall be due no later than
30 days after the end of each calendar quarter.
License taxes 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).
§ 113.05 WRITTEN BREAKDOWN OF COLLECTIONS.
Every insurance company subject to the license tax imposed by this
chapter shall annually, by March 31, furnish the city 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
(F) Life.
§ 113.06 REFUND PROCEDURE
No insurance company shall be entitled to a refund or subsequent
set-off for any license fee erroneously paid unless the request for
the refund be made to the City of New Castle in writing within 18
months of the end of the calendar year in which said license fee is
paid. Additionally, said request shall be accompanied by supporting
documentation which shall include the following:
(A) The name and address of each and
every insured upon whom the license
was erroneously paid.
(B) The type of risk being insured
against.
(C) The amount of the insured premium
charged by the company.
(D) Such other information as may be
reasonably requested by the City of
New Castle, Kentucky.
CHAPTER 114: BANK FRANCHISE AND LOCAL DEPOSIT TAX
Section
114.01
Franchise tax imposed
114.02
Transitional rules
114.03
Tax timetable
114.04
Lien for unpaid taxes
114.05
Delinquencies
114.06
Purposes of tax
114.07
Notice to department of revenue
§ 114.01 FRANCHISE TAX IMPOSED:
There is hereby imposed on all “financial institutions”, as defined
in KRS Chapter 136, located within the corporate limits of the City
of New Castle, Kentucky, for the 1996 tax year and all subsequent
years, a franchise tax at the rate of 0.025% on all deposits, as
defined in KRS Chapter 136, maintained by such financial
institutions.
§ 114.02 TRANSITIONAL RULES:
(A) For transitional purposes, the 1996 tax year will be treated
differently in terms of collection of taxes that for all subsequent
years. For the 1996 tax year, the following timetable is hereby
established:
(B) The City of New Castle
will issue tax bills to financial institutions no later than
May 31, 1997, or without the discount by
June 30, 1997.
§ 114.03 TAX TIMETABLE:
For all tax years subsequent to the 1996 tax year, the following
timetable is hereby established: the City of
New Castle
will issue tax bills to financial institutions no later than
December 1 of each year. Payment of the tax shall be due with a two
percent (2%) discount by December 31, of each year, or Without the
discount by January 31 of each year.
§ 114.04 LIEN FOR UNPAID TAXES:
The City of New Castle, Kentucky shall have a lien for taxes upon
any and all property subject to the tax imposed by these sections,
which lien shall be superior to all encumbrances prior to
subsequent.
§ 114.05 DELINQUENCIES:
All taxes due in accordance with these sections which are not paid
before June 30, 1997, for tax year 1996, or which are not paid
before January 31, for all subsequent tax years shall be deemed
delinquent and shall be subject to a penalty of 2% and shall bear
interest at the rate of 12% per annum.
§ 114.06 PURPOSES OF TAX:
All moneys collected pursuant to these sections shall be paid into
the General Fund of the City to be used for the payment of proper
expenditures as determined by the City Commission.
§ 114.07 NOTICE TO DEPERTMENT OF REVENUE:
The City Clerk is hereby directed to send a copy of this ordinance
to the commission of the Kentucky Department of Revenue,
Frankfort,
Kentucky.
CHAPTER 115: TAXATION OF ABANDONED URBAN PROPERTY
Section
115.01 Tax rate for abandoned urban property
115.02 Tax Assessments
115.03 Due dates
115.04 Payment, collection, enforcement
115.05 Abandoned urban properties
115.06 Establishment of the vacant property
review commission
115.07 Conflicts
115.08 Eminent domain
§ 115.01 TAX RATE FOR ABANDONED URBAN PROPERTY
An ad valorem tax rate of $10.00 per $100.00 assessment value is
hereby established for abandoned urban property located I the City
of New Castle, Kentucky, and incorporated into the City of New
Castle Code of Ordinances as follows:
§ 115.02 TAX ASSESSMENTS.
(A) The City elects to use the annual Henry County Assessment for
properties situation within the city as a basis for ad valorem tax
levies ordered or approved by the New Castle City Commission.
(B) The assessment date of the city shall conform to the
corresponding dates as set for other properties with the City of New
Castle, Kentucky by separate ordinance.
§ 115.03 DUE DATES.
The due date, penalties, interest and discounts for city taxes for
abandoned urban property shall be the same as is set forth in any
city ordinance adopted from time to time for the payment of taxes on
any other properties not classified as abandoned urban properties.
§ 115.04 PAYMENT, COLLECTION, ENFORCEMENT.
The City Clerk/Treasurer is authorized along with the assistance of
the City Attorney to file in the appropriate Court having
jurisdiction, an action to collect any ad
valorem tax, penalty, interest or any other charges related thereto
an to recover all court costs and reasonable attorney’s fees
incurred to enforce any provision of this ordinance.
§ 115.05 ABANDONED URBAN PROPERTIES.
Abandoned urban property is established as a separate classification
of real property for the purpose of ad valorem taxation. As used in
this subchapter, “abandoned urban property” means:
(A) Any vacant structure or vacant or unimproved lot or parcel of
ground in the city which has been vacant or unimproved for a period
of at least one (1) year and which:
(4)
Because it is dilapidated, unsanitary, unsafe, vermin infested, or
otherwise dangerous to the safety of persons, it is unfit for its
intended use; or
(5)
By reason of neglect or lack of maintenance has become a place for
the accumulation of trash and debris, or has become infested with
rodents or other vermin; or
(6)
Has been delinquent for a period of at least three (3) years; or
(B) Any property in the city that has been identified as “blighted”
or “deteriorated” by the Vacant Property Review Commission.
“Blighted” or “deteriorated” shall have that definition set forth in
KRS 99.705.
§ 115.06 ESTABLISHMENT OF THE VACANT PROPRTY REVIEW COMMISSION.
The three members of said commission shall be appointed by the Mayor
subject to approval of the New Castle City Commission. The
provisions of KRS 99.710 are incorporated herein by reference as are
the provisions of KRS 92.305, KRS 99.705, KRS 99.715, KRS 99.720,
KRS 99.725 and KRS 99.730 and other applicable sections of Kentucky
Statutes related to special tax assessments for abandoned urban
including provisions related to eminent domain for the properties so
classified.
§ 115.07 CONFLICTS.
Any ordinances or parts thereof in conflict herewith are to be
extent of such Conflict hereby repealed. This Ordinance shall be
interpreted item by item. This Ordinance shall be in effect upon its
passage and publication as required by law.
§ 115.08 EMINENT DOMAIN.
The City of New Castle
is authorized to exercise eminent domain over any property
identified by the Vacant Property Review Commission as abandoned
urban property. Any such proceeding in condemnation shall be
conducted s provided by statute.
TITLE XIII: COMMUNITY DEVELOPMENT
Chapter
130. COMPREHENSIVE PLAN, ZONING REGULATIONS, AND
SUBDIVISION REGULATIONS
131. BUILDING
REGULATIONS
132. UNSAFE
STRUCTURES
133. DISPLAY OF
STREET ADDRESSES
133A. ENHANCED 911 ADDRESSING PLAN
134. SMOKE
DETECTORS
135.
PAVING OFF STREET PARKING
138.
ENTRANCE LIGHTING SYSTEMS
140. PRESERVATION BOARD
CHAPTER 130: COMPREHENSIVE PLAN, ZONING
REGULATIONS,
AND SUBDIVISION REGULATIONS
Section
130.01
County
Comprehensive Plan adopted
by reference
130.02 Zoning regulations adopted by reference
130.03 Subdivision regulations adopted by
reference
§ 130.01 COUNTY COMPREHENSIVE PLAN ADOPTED BY
REFERENCE.
The Henry County Comprehensive Plan is hereby adopted by reference
and made a part of this code.
§ 130.02 ZONING REGULATIONS ADOPTED BY
REFERENCE.
The zoning regulations of the
Henry
County, Campbellsburg,
Eminence, New Castle,
Pleasureville, and Smithfield Planning Commission applicable to the
city, are hereby adopted by reference and made a part of this code.
§ 130.03 SUBDIVISION REGULATIONS ADOPTED BY
REFERENCE.
The subdivision regulations for the city are hereby adopted by
reference and made a part of this code.
CHAPTER 131: BUILDING REGULATIONS
Section
131.01 Adoption of
Kentucky Building
Code; Standards of Safety
131.02 Enforcement of Codes
131.99 Penalty
§ 131.01 ADOPTION OF
KENTUCKY BUILDING CODE; STANDARDS OF SAFETY.
The Kentucky Building Code, as contained in Chapter 6, 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-Treasurer/Tax Collector
where they shall be available for public inspection during normal
business hours. Penalty, see § 131.99
§ 131.02 ENFORCEMENT OF CODES.
(A) The
State Building
Inspector is charged with enforcement of the provisions of the State
Building Code adopted in § 131.01.
(B) The State Plumbing Official is charged with
enforcement of the provisions of the State Plumbing Code.
(C) The Chief of the Volunteer Fire Department
is hereby charged with enforcement of the provisions of the State
Standards of Safety adopted by reference in § 131.01.
§ 131.99 PENALTY.
Any person who violates any provision of the state codes adopted in
§ 131.01 shall be subject to the following penalties:
(A) Violators of the State Building Code shall,
upon conviction, be subject to a fine of not less than $10 nor more
than $1000 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 $1000, 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 132: UNSAFE STRUCTURES
Section
132.01 Definitions
132.02 Unsafe Structures
132.03 Petition charging that structure is
hazardous or unsafe; notice, hearing
132.04 Required method of notice for all
complaints or orders
132.05 Order to vacate, repair, or remove
132.06 Failure of owner to comply with order
132.07 Eviction of occupants from unsafe
building
132.08 Appeals
132.09 Recovery of damages
§ 132.01 DEFINITIONS.
The following terms whenever used or referred to in this chapter
shall have the following respective meanings unless a different
meaning clearly appears from the context:
"BUILDING."
Any combination of materials, whether portable or fixed,
which comprises a structure affording facilities or shelter for any
human occupancy, whether infrequent or regular, including all
dwellings and nonresidential building. The word
"BUILDING" shall be construed as if followed by the words "or
part or parts thereof and all equipment and contents therein" unless
the context clearly requires a different meaning.
"DEMOLISH."
To destroy a building and to remove all debris and waste
materials from the lot on which the building stood.
"DWELLING."
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used and including any
garages or other accessory buildings belonging thereto.
"GARBAGE."
The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
"OCCUPANT."
Any person living, sleeping, cooking, or eating in, or having
actual possession of a dwelling unit or rooming unit.
"OWNER."
Any holder of any legal or equitable title in the subject
premises, whether alone or jointly with others, and whether in
possession or not, and shall further include any person who shall
have charge, care, or control of any structure as owner, or as agent
of the owner, or as fiduciary for the owner's estate.
"PARTIES IN INTEREST."
All individuals, associates, and corporations who have a
mortgage or other interest of record in a structure or who are in
possession thereof.
"RUBBISH."
All waste materials except garbage.
"STRUCTURAL ALTERATIONS."
Any change in the supporting members of a
building such as bearing walls, columns, beams, or gutters, except
repair or replacement of supporting members.
"STRUCTURE."
Any man-made combination of materials including, but not
limited to, buildings, dwellings, stadiums, reviewing stands,
platforms, stagings, observation towers, swimming pools above and
below grade, radio towers, water tanks and towers, trestles, piers,
wharves, sheds, coal bins, shelters, display signs, retaining walls,
fences, and excavations. The term "STRUCTURE"
shall be construed as if followed by the words "or part or parts
thereof and all equipment and contents therein" unless the context
clearly requires a different meaning.
§ 132.02 "UNSAFE STRUCTURES."
The following conditions are hereby determined to be hazardous and
shall warrant a finding that a structure or its premises is unsafe:
(A) Structural hazards.
(1) Any
structure whose walls or vertical members list, lean, or buckle to
such an extent that a
plumb line suspended from the top edge of such
member shall fall outside
of a distance from the edge equal to one-
third of the thickness of
such members;
(2) Any
structure which has a support member or members which have
deteriorated to such an
extent as to be unable to safely support the
applied loads or which
have 40% damage or deterioration of the
non-supporting, enclosed,
or outside walls or covering;
(3) Any
structure which has improperly distributed loads upon the floors
or roofs or in which the
same are overloaded or which have
insufficient strength to
be reasonably safe for the purpose used;
(4) A stress
in any materials, element, or member of any structure, or
portion thereof, due to
all dead and live loads, which is greater than the
working stresses allowed
by the State Building Code or State
Standards of Safety;
(5) Any
structure which has been damaged by fire, wind, earthquake,
flood, or other causes in
such a manner that the structural stability or
strength thereof is
appreciable less than the minimum requirements set
forth by the State
Building Code for new construction of a similar
structure;
(6) Any
structure which has parts thereof so attached, dislodged, or
detached that they may fall
or collapse and injure persons or property;
(7) Any
structure which has settled to such an extent that the walls or
other
structural portions thereof
have been displaced or distorted and
rendered structurally
unstable or dangerous, or that the basic function
of such element has been
impaired;
(8) Any
structure which because of dilapidation, deterioration, decay,
faulty construction, or
the removal or movement of some portion of
the ground necessary for
its support, is likely to partially or completely
collapse, or some portion
of its foundation or underpinning is likely to
fall or give way;
(9) Any
structure, exclusive of its foundation, showing damage or
deterioration to 33% or
more of its members, or 50% or more of its
non-supporting enclosing or
outside wall or covering;
(10) Any
structure which is for any reason whatsoever manifestly unsafe
for the purpose for which
it is used or intended to be used;
(11) Any
structure which has been so damaged by fire, wind, earthquake,
flood, or has become so
dilapidated or deteriorated from any cause
whatsoever, as to become
an attractive nuisance to children who
might play therein, or as
to afford a harbor for vagrants, criminals,
disorderly persons, or
others who are not lawful occupants of such
structure, or as to
enable persons to resort thereto for the purpose of
committing a nuisance or
unlawful or immoral acts;
(12) Any
structure which when constructed was, and now exists or is
maintained in violation
of any specific requirement or prohibition
under city building
ordinances or other laws in effect at the time of
such construction
relating to the location, use, and physical condition
of structures;
(13) Any
structure which, whether or not originally erected in accordance
with all applicable laws
and ordinances, because of dilapidation,
deterioration, damage, or
other cause, has become so weakened or
defective as to have in
any non-supporting part, member, or portion,
less than 50%, or in any
supporting member less than 66%, of the
strength, fire- resisting
qualities or characteristics required by law or
ordinance in the case of
new construction of a similar structure;
(14) Any
structure which because of faulty construction, age, lack of
proper repair, or other
cause, is especially liable to fire and
constitutes, contains,
or creates a fire hazard;
(15) Any
structure which for any reason whatsoever is dangerous to the
public health or safety
because of its condition, and which may cause
or aid in the spreading
of disease or injury to the health or the
occupants of it or
neighboring structures;
(B) Faulty weather protection.
(1) Any
structure which has deteriorated, crumbling, or loose plaster;
(2) Any
structure which has deteriorated or ineffective water proofing of
exterior walls, roofs,
foundations, or floors, including broken windows
or doors;
(3) Any
structure which has defective or ineffective weather protection for
exterior wall coverings,
including lack of paint, or weathering due to
lack of paint or other
approved protective covering;
(4) Any
structure which has broken, rotted, split, or buckled exterior walls
or roof covering;
(C) Faulty construction materials.
Any structure which has construction materials which are not
approved by the State Building Code and the State Standards of
Safety and which have not been adequately maintained in good and
safe condition;
(D) Fire hazards.
(1) Any
structure which is not of fire-resistive construction or provided
with fire-extinguishing
systems or equipment required by the State
Standards of Safety, except
those structures which conformed with all
applicable laws at the time
of their construction and whose fire-
resistive integrity and
fire-extinguishing systems or equipment have
been adequately maintained
and improved in relation to any increase in
occupant load, alteration
or addition, or any change in occupancy;
(2) Any
structure or combustible waste or vegetation which is in a
condition likely to cause a
fire or explosion or provide ready fuel to
augment the spread and
intensity of fire or explosion arising from any
cause;
(3) Any
structure which has a door, aisle, passage way, stairway, or other
means of exit of
insufficient width or size, or not so arranged as to
provide safe and adequate
means of exit in case of fire or panic for all
persons housed or assembled
therein who would be required to , or
might use such means of
exit;
(4) Any
structure which does not have an unobstructed means of egress
leading to safe and open
space at ground level.
(E) Hazardous or unsanitary premises.
Any premises in which there is an accumulation of weeds,
vegetation, junk, dead organic matter, debris, garbage, refuse,
vermin harborages, stagnant water, combustible materials, or similar
materials or conditions constituting fire, health, or safety
hazards;
(F) Electrical hazards.
(1) Any structure which
has permanent electrical wiring that is dangerous
due to lack of insulation,
improper fuses or circuit breakers, inadequate
grounding, wires of
inadequate capacity, obvious shock hazards, or
other dangerous conditions;
(2) Any
structure which has temporary wiring, except extension cords that
run directly from portable
electric fixtures to convenience outlets and
do not lie underneath
floor covering materials or extend through
doorways, transoms or
other similar openings through walls, floor, or
ceiling.
(G) Plumbing hazards.
(1) Any
structure which has plumbing that permits contamination of the
water supply through
backflow, backsiphonage, or any other method
of contamination;
(2) Any
structure which has water supply inlets below the flood level of
any sink, lavatory,
bathtub, or other fixture, or submerged inlets except
those with vacuum breaker
complying with the State Building Code;
(3) Any
structure with a water-using fixture whose waste line is not
trapped;
§ 132.03 PETITION CHARGING THAT STRUCTURE IS
HAZARDOUS OR UNSAFE; NOTICE, HEARING.
Whenever a petition is filed with a duly authorized public officer
of the city by a public authority or by at least five residents of
the city charging that any structure is unfit for human habitation,
occupancy, or use, or whenever it appears to the officer
(on his own motion) that any structure is unfit for human
habitation, occupancy, or use, the officer shall, if his preliminary
investigation discloses a basis for such charges, issue and cause to
be served upon the owner of and parties in interest in such
structure a complaint stating the charges in that respect.
The complaint shall state that:
(A) A hearing shall be held before a duly
authorized board at a place therein fixed, not less than ten days
nor more than 30 days after the serving of the complaint;
(B) The owner and parties in interest may file
an answer to the complaint;
(C) The rules of evidence in courts of law or
equity shall not be controlling in hearing before the board.
§ 132.04 REQUIRED METHOD OF NOTICE FOR ALL
COMPLAINTS OR ORDERS.
Complaints or orders shall be served upon persons either personally
or by certified mail, but if the whereabouts of such persons are
unknown and the same cannot be ascertained by the officer in the
exercise of reasonable diligence, the officer may make an affidavit
to that effect and then the serving of the complaint or order upon
such persons may be made by publication pursuant to KRS Chapter 424.
A copy of the complaint or order shall be recorded in the
office of the County
Clerk.
§ 132.05 ORDER TO VACATE, REPAIR, OR REMOVE.
If after notice and hearing the board determines that the structure
under consideration is hazardous and unsafe, as defined herein, it
shall state in writing the findings of fact in support of such
determination and the public officer shall issue and cause to be
served upon the owner thereof an order requiring the owner to
perform the following.
(A) Alter or improve the structure to render it
fit for human habitation, occupancy, or use, including complying
with applicable building, plumbing, and electrical codes, or other
applicable laws and ordinances; or to vacate, close, and demolish
the structure if made at a cost that is less than 50% of the value
of the structure providing that the owner does not elect to repair
the structure as hereinafter set out.
(B) In the event that repair, alteration, or
improvement of the structure cannot be made at a cost that is less
than 50% of the value of the structure, the owner shall be given the
opportunity to repair the structure as an alternative to demolishing
it and the owner shall make an election to either demolish or repair
the structure within the time specified in the order, the election
to be made in writing and filed with the board.
If the owner fails to make this election, an order may be issued to
demolish the structure.
§ 132.06 FAILURE OF OWNER TO COMPLY WITH ORDER.
(A) If the owner fails to comply with an order
to repair, alter, or improve, or to vacate, close, and remove the
structure, the officer may cause to be posted at the main entrance
of any structures so closed, a placard with the following words:
"This building is unsafe and unfit for human habitation, occupancy,
or use; the use or occupancy of the building for human habitation,
occupancy, or use is prohibited and unlawful."
(B) If the owner fails to comply with an order
to remove or demolish the structure, the officer may cause the
structure to be removed or demolished.
(C) The amount of the costs of repairs,
alterations, improvements, vacating and closing, removal, or
demolition, shall be a lien upon the real property and such lien
shall be filed for record in the office of the
County
Clerk.
If the structure is removed or demolished by the officer, he shall
sell the materials or structure and shall credit the proceeds of
such sale against the costs of the removal or demolition and any
balance remaining shall be deposited in the County Circuit Court by
the public officer, and shall be secured in such a manner as may be
directed by the Court, and shall be disposed by such Court to the
persons found to be entitled thereto by final order or decree of the
Court.
§ 132.07 EVICTION OF OCCUPANTS FROM UNSAFE
BUILDING.
When the board has declared a structure hazardous and unsafe and the
public officer has ordered the same to be vacated, the public
officer may, after ten days' notice to the occupant or occupants
thereof, apply to the
County District Court
for an order directing the Sheriff to immediately evict the occupant
or occupants and his belongings from the building.
§ 132.08 APPEALS.
Any person affected by an order issued by the officer may, within 30
days after the posting and service of the order, file a petition
with, and appeal to the
County Circuit Court
for a review of the action of the board. The appealing party shall
have the obligation of producing the transcript of evidence of the
proceeding before the board and shall be awarded the right to call
such additional witnesses as he may desire. The
trial court's review shall be limited to a determination of whether
the board acted arbitrarily.
§ 132.09 RECOVERY OF DAMAGES.
No person affected by an order of the board shall be entitled to
recover any damages for actions taken pursuant to any order of the
board, or because of noncompliance by such person with any order of
the board. (Ord. 88-2)
CHAPTER 133:
DISPLAY OF STREET ADDRESSES
Section
133.01 Definitions
133.02 Visible display of street addresses
required
133.99 Penalty
§ 133.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or otherwise requires a
different meaning.
"OWNER."
Any person who owns any interest in a lot or
parcel of real estate in the city.
"PERSON."
Any natural person, corporation, partnership, joint venture,
or any association or combination thereof. (Ord.
87-, passed --7)
§ 133.02 VISIBLE DISPLAY OF STREET ADDRESSES
REQUIRED.
(A) Each owner of each lot or parcel of real
estate in the city upon which there is constructed any building or
structure occupied by human beings for residential or business
purposes or constructed, designed, or intended therefore shall cause
to be displayed thereon the numbers of the street address as it
appears on the monthly water and sewer statement issued by the city
in a manner so that the numbers are conspicuous and visible from the
street upon which that lot or parcel of real estate abuts and in no
event shall these numbers be less than three inches in height.
(B) No person shall cause, permit, encourage,
aid, assist, or engage in the occupation or use by any human being
of any building or structure located upon any lot or parcel of real
estate within the city unless thereon the numbers of such street
address in a manner so that they are conspicuous and visible from
the street upon which the lot or parcel of real estate abuts; and in
no event shall these numbers be less than three inches in height.
(Ord. 87- , passed --87) Penalty, see § 133.99
§ 133.99 PENALTY.
Whoever violates any provision of this chapter shall, upon
conviction, be fined not more than $50 per day for each day that the
violation exists. Each day of such violation shall constitute a
separate offense. (Ord. 87-, passed --87)
CHAPTER 133A. ENHANCING 911 ADDRESSING PLAN
Section
133A.01 New Structures
133A.02 Posting of Designated Numbers
133A.03 Enforcement/Penalties
§ 133A.01 NEW STRUCTURES AND MOBILE HOMES
(A) All persons, firms, corporations and other legal entities
constructing new structures or locating or relocating mobile homes
in New Castle,
Kentucky, shall from and after this date
obtain an Address Notification Form, duly issued by the addressing
authority.
(B) Applicants shall apply for the Address Notification Form with
the designated 911 Coordinator. Said 911 Coordinator will furnish
the applicant with a copy to present to the United States Post
Office.
(C) Immediately upon the filing of the Address Notification Form,
the 911 Coordinator shall assign a number and address to the
structure. The 911 Coordinator shall keep a record of all numbers
and addresses assigned.
§ 133A.02 POSTING OF DESIGNATED NUMBERS
The owner or occupant or person in charge of any house, building,
mobile home or other structure to which a number has been assigned.
(A) Shall within thirty (30) days after the receipt of such number
affix the number in a conspicuous manner in a conspicuous place, and
(B) shall within thirty (30) days remove any different number which
might be mistaken for or confused with the number assigned to said
structure by the issuing authority.
(C) Each principal building or structure shall display the number
assigned to the frontage on which the front entrance is located. In
case the principal building or structure is occupied by more than
one business or family dwelling unit, each separate front entrance
may display a separate number.
(D) Numerals indicating the official numbers for each principal
building, or each front entrance to such building, shall be posted
in a manner as to be legible and distinguished from the street or
road on which the property is located, with numbers applied, of not
less than three inches (3’’) in height.
(E) Mail boxes shall be marked with the house number.
(F) If the structure is not visible from the street or road on which
it is located and no mail box is beside the driveway leading to the
structure, a sign or number post shall be erected to display the
number which may be displayed either vertically from top down or
horizontally.
§ 133A.03 ENFORCEMENT/PENALTIES
In the event that the owner or occupant or person in charge of ant
house or building refuses to comply with the terms of this ordinance
by failing to affix the numbers assigned within thirty (30) days
after notification, or by failing within said period of thirty (30)
days to remove any old numbers affixed to such house, or house
entrance, or elsewhere, which may be confused with the number
assigned thereto, he shall be punished by paying a fine of not less
than ten (10) dollars for every day that the situation is not
rectified.
CHAPTER 134: SMOKE DETECTORS
Section
134.01 Definitions
134.02 Smoke detectors required
134.03 Type and placement of smoke detectors
134.04 Providing, installing, and maintaining
smoke detectors
134.05 Enforcement
134.99 Penalty
§ 134.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"DWELLING."
Any building which contains one or more dwelling units or any
rooming unit, rooms, or area designated or used for sleeping
purposes either as a primary use or use on casual occasions.
"DWELLING" shall include a rooming house, motels, tourist
homes, school dormitories, and apartment buildings.
"DWELLING UNIT."
Any group of rooms located within a building or structure,
including mobile homes, and forming a single housekeeping unit with
facilities which are used or designed to be used for living,
sleeping, cooking, or eating.
"OWNER."
Any person, who, alone, jointly, or severally
with others shall:
Have all or part of the legal title to any dwelling or dwelling
unit, with or without accompanying actual
possession thereof, or have all or part of the beneficial ownership
of any dwelling unit and a right to present use and enjoyment
thereof, including a mortgagee in possession; or
Have charge, care, or control of any dwelling or dwelling unit as
owner, or as executor, administrator, trustee, guardian of the
estate, or duly-authorized agent of the owner.
Any such person thus representing the actual owner shall be bound to
comply with the owner's obligations under this section.
"ROOMING UNIT."
Any room which is designed or used for sleeping purposes.
A "ROOMING UNIT" may include a room in a rooming house, a
hotel, a motel, a tourist home, a school dormitory, or an apartment
building which may or may not have some additional facilities for
eating or cooking contained therein.
§ 134.02 SMOKE DETECTORS REQUIRED.
(A) Subject to those exceptions and conditions
for compliance as stated herein, smoke detectors shall be required
in all dwellings rented for occupancy. It shall
be the responsibility of the owner of each new or existing occupied
dwelling unit to install smoke detectors in each dwelling unit as
provided in this chapter. The smoke detectors
shall be capable of sensing visible or invisible particles of
combustion and providing a suitable audible (or visual for a deaf or
hearing-impaired person) alarm.
(B) This chapter shall apply to any and all
dwellings or dwelling units, whether new or existing, which are not
otherwise required to have smoke detectors located therein under the
provisions of the currently adopted Standards of Safety.
Penalty see § 134.99
§ 134.03 TYPE AND PLACEMENT OF SMOKE DETECTORS.
(A) In order to comply with this chapter, only
ionization or photo-electric type smoke detectors approved by a
nationally recognized testing laboratory shall be installed.
As an alternative to self-contained smoke detectors, under
certain limited conditions an approved fire detection system or a
combination thereof may be installed. Each and
every alternative system must be individually approved in written
form by the Chief of the Volunteer Fire Department.
(B) Smoke detectors in new residential dwellings
shall be wired directly (hard wired) to the building's power supply.
In existing buildings, it is preferred that smoke detectors
be wired directly to the power supply, however, the detectors may be
powered by a self-monitored battery or operated by an electrical
plug-in outlet which is fitted with a plug restrainer device,
provided that the outlet is not controlled by any switch other than
the main power supply.
(C) Smoke detectors shall be placed in
accordance with applicable National Fire Protection Act (N.F.P.A.)
standards. Detectors may be ceiling or wall
mounted, provided, that is the wall mounted they shall be within 12
inches, but not closer than six inches, of the ceiling.
(D) At least one smoke detector shall be
installed to protect each sleeping area. A
"SLEEPING AREA" is defined as the area or areas of the dwelling
unit in which the bedrooms (or sleeping rooms) are located.
Where bedrooms or rooms ordinarily used for sleeping are
separated by other use areas (such as kitchens or living rooms, but
not bathrooms or closets), they shall be considered as separate
sleeping areas for the purpose of this section.
In a dwelling unit which contains a well-defined sleeping room
separated from the other activity areas of the same unit, the
detector shall be located in the corridor within the unit or
interior area giving access to the rooms used for sleeping purposes.
Where sleeping areas are separated or where a single smoke
detector will not adequately service all sleeping areas, there shall
be a smoke detector installed adjacent to each sleeping area.
(E) In a rooming unit, the detector shall be
centrally located on the ceiling.
(F) In a dwelling containing two or more
dwelling units or any rooming unit, in addition to the requirements
for individual smoke detectors in each dwelling unit or rooming
unit, detectors shall be placed in centrally located common areas,
so that smoke detectors will adequately service all sleeping areas.
(G) At least one detector shall be installed in
or near each stairway leading up to an occupied area in such a
manner as to assure that rising smoke is not obstructed in reaching
the detector and the detector intercepts rising smoke before it
reaches the occupied area. Penalty, see § 134.99
§ 134.04 PROVIDING, INSTALLING, AND MAINTAINING
SMOKE DETECTORS.
(A) The owner of a dwelling shall be responsible
for supplying and installing in an operable condition the required
smoke detectors and for providing maintenance and testing in an
owner-occupied residence; or for providing the manufacturer's
maintenance and testing instructions to a tenant in the case of
rental property.
(B) The owner of a dwelling shall be responsible
for maintenance and testing of detectors, in accordance with
manufacturer's instructions, which are located in common areas or
detectors in rooming units where the tenant usually has short
periods of occupancy (hotels, motels, or rooming or tourist homes).
(C) The tenant shall be responsible for
maintaining and testing the detector, in accordance with the
manufacturer's instructions, which are within the exclusive control
during the life of the tenancy. The tenant shall
be responsible for notifying the owner when a detector becomes
inoperable, whereafter the owner has ten days in which to repair or
replace the detector in operable condition. In
the battery operated type of detectors, battery replacement shall be
the responsibility of the tenant.
(D) At every change of tenancy, it shall be the
duty of the owner to test and ascertain that those detectors
contained in the unit are in operable condition, and if not, the
owner shall be responsible for placing them in operable condition.
(E) At every change of occupancy of every
dwelling unit occasioned by or incidental to a sale, lease, or
sublease of the unit, it shall be the duty of the grantor thereof
(the seller, lessor, or sublessor, as the case may be) to provide,
before occupancy, to the new occupant that all smoke detectors as
required by this section or other applicable laws are installed and
in proper working condition. Failure to comply
with this division shall be punishable as set forth herein, provided
however, that this division shall not be construed to violate or
render void any contract, lease, or sublease subject hereto.
(F) No smoke detector or alternative system
shall be directly connected (permanently wired) to the electrical
system of a structure without the proper electrical certification.
Penalty, see § 134.99
§ 134.05 ENFORCEMENT.
The Chief of the Volunteer Fire Department shall be primarily
responsible for the enforcement of this chapter.
§ 134.99 PENALTY.
(A) The penalty for noncompliance with this
chapter is a fine of not less than $100 nor more than $500 for each
violation. If violations exist in a dwelling or
rooming unit as specified in § 134.01, each unit shall be deemed and
considered a separate violation.
(B) The penalty for noncompliance with this
chapter is automatically waived if the dwelling or dwelling unit is
brought into compliance with this chapter within 30 days of the
original violation. The property owner must
request an inspection from the city to verify compliance and have
the waiver provision applied.
CHAPTER 135: PAVING OFF STREET PARKING
Section
135.01 Paving Required
135.02 Minimum Spaces Required
135.03 Drainage
135.99 Penalties
§ 135.01 PAVING REQUIRED
All off-street parking for multi-residential apartment buildings or
condominiums of three (3) or more units shall be improved with
impervious material acceptable to the city in order to provide a
durable and properly drained surface. The surface shall be paved
according to the Construction Specifications for Streets in the
Subdivision Regulations- Henry County, Kentucky. Loading and other
service areas shall be maintained by the property owner in good
condition without holes and free of all dust, trash, and other
debris.
§ 135.02 MINIMUM SPACES REQUIRED
There shall be provided one and one-half (1 ˝) parking spaces for
each one (1) bedroom unit; two (2) parking spaces for each two (2)
bedroom unit; two and one-half (2 ˝) parking spaces for each unit
with three (3) or more bedrooms.
§ 135.03 DRAINAGE
All impervious surfaces required by this ordinance shall be applied
in coordination with the provisions of Chapter 54 of the New Castle
Code of Ordinances (Surface Water Drainage) and Section 460(B) of
the Subdivision Regulations- Henry County, Kentucky (storm water
Drainage System).
§ 135.99 PENALTIES
Any person who violates any provision of this chapter for which
another penalty is not specified shall be fined not more than $100
for each offense. Each day of continued violation shall constitute a
separate offense.
CHAPTER 138: PROCEDURES AND MAINTENANCE FOR SIGNATURE ENTRANCE
LIGHTING STSTEMS WITHIN THE CITY
Section
138.01 Definitions
138.02 Application and compliance
§ 138.01 Definitions:
As used in this chapter, unless the context otherwise requires, the
following definitions shall apply:
“COMMERCIAL SUBDIVISION.”
A division of property into two or more parcels
or tracts for commercial activity.
“SIGNATURE ENTRANCE LIGHTING SYSTEM.”
A lighting system consisting of light fixtures and other supporting
structures which are not standard street lighting fixtures,
typically placed at the entrance of a commercial or residential
subdivision.
“MAINTAIN.”
The act of preserving or retaining a structure
or entity in the original condition or form; to keep or repair.
“RESIDENTIAL SUBDIVISION.” A Division of property into two or
more parcels or tracts for residential activity.
§ 138.02 APPLICATION AND COMPLIANCE.
(A) This chapter shall apply to any residential or commercial
developer, owner or association of owners of real property, who
undertake construction of a signature entrance lighting system
either by a requirement or other laws and regulations or by choice
of the developer or owner association of owners.
(B) Residential and commercial subdivisions which contain signature
entrance lighting must comply with the regulations and procedures
set forth herein to be accepted by the city for payment of electric
service by the city. Public improvements referenced above whether or
not installed according to these regulations and procedures will be
the responsibility of the developer/owner or other entity or
organization and will not be the responsibility of the city to
maintain.
(C) All system designs shall be approved by the Kentucky Utilities
Company or Shelby Energy Cooperative, Inc.
(D) The construction and installation of any system shall be
inspected and approved by Kentucky Utilities or Shelby Energy
Cooperative
(E) All costs including those incurred by Kentucky Utilities Company
or Shelby Energy Cooperative, Inc. for the system will be paid by
the developer/owner.
(F) Kentucky Utilities Company or Shelby Energy Cooperative, Inc.
may change the equipment and procedures when needed. The city shall
be notified of such a request for a change and shall approve said
request.
CHAPTER 140: THE NEW CASTLE HISTORIC PRESERVATION BOARD AND
AUTHORIZING THE DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS AND
THE REGULATION OF CHANGES TO PROPERTY IN HISTORIC DISTRICTS AND
LANDMARKS.
Section
140.01
Purpose and declaration of public policy
140.02
Definitions
140.03
Preservation board
140.04
Powers and duties of the board
140.05
Designation of preservation districts and landmarks
140.06
Approval of the changes to landmarks, landmark sites, and property
in preservation districts
140.07
Maintenance and repair of the landmarks, landmark sites and property
in
historic districts
140.08
Penalties
140.09
Nominations to the national register of historic places
140.10
Moratorium
140.11
Severability
140.12
Effective date
§ 140.01 PURPOSE AND DECLARATION OF PUBLIC POLICY.
(A) The City Commission finds that there is concern about the future
of the central business district and other neighborhoods and areas
of the City of New Castle
and that the City has begun a Main Street Program in cooperation
with the State government to help the central business district.
(B) The City Commission finds that many buildings having historic,
architectural, aesthetic, or cultural interest and value have been
neglected, altered, or destroyed, notwithstanding the feasibility
and desirability of preserving and continuing the use of such
buildings and without adequate consideration of the irreplaceable
loss to the people of the city.
(C) The City Commission finds that the central business district and
other neighborhoods and areas of the City have been damaged and have
deteriorated or are threatened because of new construction,
demolitions, alterations, and relocations that have harmed or will
harm the historic and architectural character of the central
business district and these neighborhoods and areas notwithstanding
the feasibility and desirability of preserving and improving these
neighborhoods and areas through appropriate actions.
(D) The City Commission finds that the historic character of the
central business district is of vital importance in maintaining the
economy of the city.
(E) The City Commission finds that
New Castle
has played an important role in the development of
Kentucky and that this growth is shown today
through buildings representing the activity as a governmental,
agricultural and commercial center. The City Commission finds that
the city has buildings, historic sites, and areas that represent the
persons who live and work or have lived and worked in
New Castle
during its history. It is the finding of the City Commission that
the distinctive and significant character of this city can only be
maintained by protecting and enhancing its
historic, architectural, aesthetic, and cultural heritage and by
preventing unnecessary injury or destruction of its landmarks and
historic districts which are civic and community assets.
(F) The City Commission finds that the Federal and Kentucky
governments have passed laws to protect and preserve landmarks and
historic districts, to allow cities to create overlay districts,
that some of these laws provide incentives for historic preservation
and that the National Historic Preservation Act was amended in 1980
to create a Certified Local Government program establishing a new
federal-state-local partnership to encourage the efforts by cities
to protect and preserve their landmarks and historic districts.
(G) The City Commission finds that this ordinance benefits all the
residents of New Castle
and all the owners of property therein.
(H) The City Commission declares as a matter of public policy that
the preservation, protection, perpetuation, and use of landmarks and
historic districts is a public necessity because they have a special
or distinctive character or a special historic, architectural,
aesthetic, or cultural interest and value and thus serve as visible
reminders of the history and heritage of this City, state and
nation. The Board declares as a matter of public policy that this
ordinance is required in the interest of the health, prosperity,
safety, welfare, and economic well-being of the people.
(I) The purpose of the Ordinance is to effect the goals as set forth
in the above findings and declarations of the public policy and
specifically, but not exclusively, to:
(1)
Effect and accomplish the preservation, protection, perpetuation,
and use of historic districts, landmarks, and landmark sites having
a special or distinctive character or a special historic,
architectural, aesthetic, or cultural interest and value to the
City, state, and nation;
(2)
Promote the educational, culture, economic, and general welfare of
the people and safeguard the City’s history and heritage as embodied
and reflected in such landmarks, sites, and districts;
(3)
Stabilize and improve property values in such districts and in the
City as a whole;
(4)
Foster civic pride in the value of notable accomplishments of the
past; strengthen the economy of the City;
(5)
Protect and enhance the City’s attractions to residents, tourists,
and visitors and serve as a support and stimulus to business and
industry; and
(6)
Enhance the visual and aesthetic character, diversity, and interest
of
the City;
(7)
Supplement the provisions of existing ordinances of the City
relating
to property nuisances and unsafe housing, but not to conflict with
or supercede those ordinances.
§ 140.02 DEFINITIONS
As used in this ordinance, the following terms shall mean:
(A) Alteration: Any construction, replacement or remodeling
on a building or structure which changes the exterior structural
parts, the location of exterior openings or the exterior appearance
of the building structure. An alteration may include proposed sign
or changes to an existing sign, the painting of any building, the
installation of a fence visible to the public, or the cutting down
of a tree that is visible to the public.
(B) Alteration of Distinctive Architectural Features: The
physical characteristics of a building or structure which contribute
to its status as a landmark.
(C) Board: The New
Castle
Preservation Board.
(D) Building: Any structure designed or constructed for
residential, commercial, industrial, agricultural or other use.
(E) Certificate of Appropriateness: The permit, issued by the
Board, which gives its approval for work or demolition to be done in
a preservation district or on a landmark.
(F) Certified Local Government: A government meeting the
requirements of the National Historic Preservation Amendments Act of
1980 (P.L. 96-515) and the implementing regulations of the U.S.
Department of the Interior and the Kentucky Heritage Council.
(G) City Commission: The
New Castle
Commission.
(H) Demolition: Any act that destroys in whole or in part a
landmark or a building or structure in a preservation district or on
a landmark site.
(I) Demolition by Neglect: Neglect in maintenance, repairing
or securing a building or the loss of the structural integrity of a
building.
(J) Designed property: A landmark or building or structure in
a preservation district. Designated property shall include all lots
within a preservation district and the entire lot containing a
landmark.
(K) Preservation District: An area within the City of
New Castle meeting one or more of the
criteria contained in § 140.05 (E) of this ordinance and designated
by the City Commission as a Preservation District.
(L) Landmark: A building, structure, or site within the City
of New Castle eligible for nomination to the National Register of
Historic Places and, with the consent of the owner, designated by
the City Commission as a landmark(Ord. #05-07;
10/12/05)
(M) Landmark Site: The land on which a landmark and related
buildings and structures are located and the land that provides the
grounds, the premises, or the setting for a landmark.
(N) Major Structural Change: Structural alterations and
structural repairs made within any twelve (12) month period costing
in excess of fifty percent (50%) of the physical value of the
structure, as determined by comparison of the extent/value of the
alterations involved and the replacement value of the structure at
the time the plans for the alteration are approved, using the
Building Officials Conference of America (BOCA) chart for
construction cost.
(O) New Construction: The act of adding to an existing
building or structure or constructing a new building or structure.
(P) Ordinary Maintenance and Repairs: Any work, the purpose
of which is to correct deterioration or to prevent the deterioration
of a landmark or building or structure in a preservation district.
Such work shall restore the property to its appearance prior to
deterioration or shall result in the protection of its present
appearance and shall involve the use of the same building materials
or available materials that are as close as possible to the
original. Work that changes the external appearance of a property
shall be considered an alteration for purposes of this ordinance.
(Q) Structure: Anything constructed or erected, the use of
the ground, including (but not limiting the generality of the
foregoing) barns, smokestacks, advertising signs, billboards,
backstops for tennis courts, bridges, fences, pergolas, gazebos,
radio and television antenna, solar collectors, microwave antenna,
including the supporting towers, roads, ruins or remnants (including
foundations), swimming pools or walkways. (Ord. # 03-07;
6/2/03)
§ 140.03 PRESERVATION BOARD
(A) There is hereby established the New Castle Preservation Board.
The Board shall consist of five members appointed by the Mayor and
approved by the City Commission. The Mayor shall seek to appoint
members who shall have demonstrated interest in historic
preservation, or have training or experience in a preservation
related profession, architecture, history, archaeology,
architectural history, planning, or a related field. Two members of
the Board shall own property within the City. When the Board reviews
an issue that may normally be evaluated by a professional,
and that professional field is not represented on the Board, the
Board may seek expert advice before rendering its decision. Members
of the Board shall serve without compensation, but they shall be
reimbursed for expenses incurred in the performance of their duties
in accordance with the rules adopted by the Board.
(B) The terms of office of the members shall be three years, except
the terms of two members of the original board shall expire after
two years and the terms of two members of the original board shall
expire after one year. Each member shall serve until the appointment
and qualification of his successor. When a vacancy occurs during a
term of office, it shall be filled within 60 days, and the person
selected shall be appointed for the unexpired portion of the term.
(C) The Board shall each year elect members to serve as Chairman and
Vice Chairman. A member of the Board designated by the Board shall
prepare the minutes of its meetings which shall be held monthly
unless there is no business to be transacted. Nothing herein shall
preclude special meetings of the Board to be called by the Chairman
as necessary. The board shall adopt rules for conducting its
meetings.
(D) The Board shall be subject to the open meetings and open records
law (KRS 61.800, et. Seq. and 61.870, et. Seq.) of the commonwealth.
(E) A simple majority of the Board shall be required for any action
of the Board.
(F) No member of the Board shall vote on any matter that may affect
the property, income, or business interest of that member or his or
her immediate family.
(G) The Board, in addition to any appropriations made by the City of
New Castle, shall have the right to receive,
hold, and spend funds which it may legally receive from any and
every source both in and out of the
Commonwealth
of Kentucky for
the purpose of carrying out the provisions of this ordinance.
§ 140.04 POWERS AND DUTIES OF THE BOARD
(A) In addition to the powers and duties stated elsewhere, the Board
shall take action necessary and appropriate to accomplish the
purpose of this ordinance. The Board shall, with the assistance of
the City, survey and inventory properties for the purposes of
preparing a plan for their preservation, recommending the
designation of preservation districts and the individual landmarks,
regulating changes to designated
property including that property to which proposed alterations are
visible to the public, demolitions, relocations, and new
construction, adopting guidelines for exterior changes to designated
property, and for undertaking new construction on designated
property, working with and advising the federal,
state, and county governments and other agencies of city government,
and advising and assisting property owners and other persons and
groups including neighborhood organizations who are interested in
historic preservation. In addition, these actions may include
initiating plans for the preservation and rehabilitation of
individual buildings and undertaking educational programs including
the preparation of publications and the placing of historic markers.
(B) In making its survey of buildings and areas, the Board shall
conduct this work in accordance with the guidelines of the Kentucky
Heritage Council. The Board shall provide that its survey and
preservation plan shall be maintained and continued. The Board shall
use the preservation plan to assist the City in its overall planning
efforts.
§ 140.05 DESIGNATION OF PRESERVATION DISTRICTS AND LANDMARKS
(A) The Board shall recommend to the City Commission the designation
of individual landmarks and preservation districts, and the City
Commission may establish these landmarks and districts by ordinance
enacted in accordance with
KRS 82.650, et seq.
(B) Consideration for designation as a preservation district or
landmark may be initiated by the Board or by the filing of an
application for designation by a property owner, a resident of
New Castle or any organization in
New Castle. A person or an organization
proposing a designation shall provide the Board with the names and
addresses of the owners of the affected property or properties and
the owners of all adjoining property.
(C) The Board shall gather and compile information about an area or
property to be considered for designation as a preservation district
or landmark and shall schedule a public hearing on the proposed
designation. Notice of that public hearing shall be provided by
advertisement in the newspaper with the largest circulation in the
county.
(D) Prior to its first public hearing on a designation the Board
shall adopt general guidelines that will apply to New Castle’s
landmarks and preservation districts and
will assist owners in the preservation and rehabilitation of their
property. The general guidelines shall include the Secretary of the
Interior’s standards for Rehabilitation Guidelines for
Rehabilitation Historic Buildings and other guidelines that will
apply to all designated property in the City. Before each public
hearing on a designation the Board may adopt additional guidelines
that will supplement the general guidelines and will apply to the
property under consideration if it is designated. The guidelines
shall not limit new construction to any one architectural style but
shall seek to preserve the character and integrity of the landmark
or the preservation district. The guidelines shall suggest changes
that would be appropriate for landmarks or for property in
preservation districts. After a designation the Board may expand or
amend the guidelines it has adopted provided it holds a public
hearing on the changes in accordance with this ordinance.
(E) A landmark or preservation district shall qualify for
designation when it meets one or more of the following criteria
which shall be set out in the Board report making its
recommendations to the City Commission:
(1)
Its value as a reminder of the cultural or archaeological heritage
of the
City, state or nation;
(2)
Its location as a site of a significant local, state, or national
event;
(3)
Its identification with a person or persons who significantly
contributed to the development of the City, state, or nation;
(4)
Its identification as the work of a master builder, designer, or
architect whose individual work has influenced the development of
the City, state, or nation;
(5)
Its value as a building that is recognized for the quality of its
architecture
and that retains sufficient elements showing its architecture
significance;
(6)
Its distinguishing characteristics of an architectural style
valuable for the
study of a period, method of construction, or use of indigenous
materials;
(7)
Its character as a geographically definable area possessing a
significant
concentration or continuity of sites,
buildings, objects, or structures united
by past events or aesthetically by plan or
physical development; or
(8)
Its character as an established and geographically definable
neighborhood,
united by culture, architectural style, or physical plan and
development.
(F) After evaluating the testimony at public hearing, survey
information, and other material it has assembled, the Board shall
make its recommendation to the City Commission with a written report
on the property or area under consideration for designations as
landmarks or as a preservation district.
(G) The Board shall then deliver its proposed designation t the
Henry County Planning & Zoning Commission which shall be asked to
review the proposed designation for any nonconformance between the
proposed designation and the Comprehensive Plan, the Henry County
Zoning Ordinance and Subdivision Regulations. In the event of any
apparent non-conformance, the Planning & Zoning Commission shall be
requested to provide recommendations to the Board for their
elimination. If none is apparent, the Planning & Zoning Commission
shall be requested to prepare the proposed district boundary or
landmark site as an overlay to the zoning map. Properties in a
preservation district or landmark site shall be subject to the Henry
County Zoning Ordinance and Subdivision Regulations and other rules
of its underlying zoning district. Upon establishment of an overlay
district, all rehabilitation, maintenance and development within the
overlay district shall conform to all zoning regulations applicable
to the district as well as the regulations of the Board. Where there
is a conflict between the County Zoning Ordinance or Subdivision
Regulations and the Regulations of the Board, the higher standard
shall control.
(H) The City Commission shall approve, modify, or disapprove of the
proposed designation within sixty (60) days after receiving the
recommendation of the Board. Prior to the adoption of a ordinance
establishing a preservation district or landmark, the City
Commission shall hold a public hearing and notice of that hearing
shall be provided pursuant to Chapter 424 of the Kentucky Revised
Statutes and shall be given not less than seven (7) days nor more
than twenty-one (21) days before said hearing. At least fifteen (15)
days prior to the public hearing written notice shall be given by
first class mail to the owners of the property under consideration.
Records of the county property valuation administrator may be relied
upon to determine the identities and addresses of the property
owners. (Ord. # 02-15;
1/15/03)
(I) The City Commission shall notify each property owner of the
designation relating to his or her property and shall arrange that
the designation of a property as a landmark or as a part of a
preservation district be recorded in the office of the
County
Clerk. The Board shall request that fees be waived for the City
documents recording the designations.
(J) An amendment or rescission of any designation shall be
accomplished through the same steps as were followed in the original
designation.
(K) An overlay district (pursuant to KRS 82.605 et seq.) is hereby
established consisting of that area as described in the map which is
attached hereto and incorporated by reference herein as if fully set
out.
(Ord. # 03-09;
7/23/03) (Ord.#05-07;
10/12/05)
(L) That the standards, guidelines and criteria that shall govern
changes to properties within the district and to individual
landmarks shall be the “New Castle Preservation District Design
Guidelines” dated May 12,2003, consisting of seventeen (17) pages
and which is attached hereto and incorporated by reference herein as
if fully set out. (Ord. #03-09;
7-23-03)
§ 140.06 APPROVAL OF CHANGES TO LANDMARKS. LANDMARK SITES, ANF
PROPERTY IN PRESERVATION DISTRICTS
Procedure For Obtaining Certificate
(A) A Certificate of Appropriateness from the Board shall be
required before a person may undertake the following actins
affecting property in a preservation district:
(1)
Alteration;
(2)
New construction;
(3)
Demolition; or
(4)
Relocation
(B) A Certificate of Appropriateness from the Board shall be
required before a person may undertake the following actions
affecting a landmark or a landmark site.
(1) Alteration of Distinctive
Architectural Features.
(2) Demolition
(C) The City shall forward to the Board every applicant for a permit
that would authorize an exterior alteration visible to the public,
new construction, demolition, or relocation affecting property in a
preservation district or that would authorize an
alteration of distinctive architectural features or a demolition
affecting a landmark or a landmark site. The City shall give the
applicant a form from the Board requesting additional information
from the applicant. The applicant shall provide, where applicable,
drawings of the proposed work, photographs of the existing building
or structure or site and adjacent properties, and information about
the building materials to be used.
(D) The Board shall hold a public hearing on each Certificate of
Appropriateness within thirty (30) days after a completed
application is received by the Board. The Board shall make a
decision on the application within forty-five (45) days after the
receipt of a completed application, provided that the Board may
extend the time for decision an additional sixty (60) days when the
application is for demolition or new construction. The Board shall
approve or disapprove each application, and it shall give its
reasons for its decision using the criteria contained in this
section and its guidelines. The Board may suggest modifications to
an application and may then approve a Certificate of Appropriateness
providing for revisions in the plans submitted. If the Board fails
to decide on an application within the specified time period, the
application shall be deemed approved. Applicants shall be given
notice of the public hearings and meetings relating to their
application and shall be informed of the Board’s decision.
Advertised notice of the hearing shall be given, including
conspicuous posting on the property.
(E) In making a decision on an applicant, the Board shall use the
general guidelines and the guidelines it has adopted for that
landmark or preservation district. The Board shall consider: (1) the
effect of the proposed work on the landmark or the property upon
which such work and other structures on the landmark site or other
property in the preservation district and (2) the relationship
between such work and other adjacent or nearby buildings and
property. In evaluating the effect and the relationship, the Board
shall consider historical and architectural significance,
architectural style, design, arrangement, texture, materials, and
color. The certificate from the Board shall not relieve the property
owner from complying with the requirements of other state and local
laws and regulations.
(F) In making a decision on an application, the Board shall be aware
of the importance of finding a way to meet the current needs of the
applicant. In the event that compliance with the guidelines creates
an undue economic hardship on an applicant, the Board may grand an
exemption to the applicant. The Board shall adopt procedures for
applicants who wish to seek an undue economic hardship exemption.
(G) Any person aggrieved by action taken by the Board shall first
appeal that action in writing to the City Commission within thirty
(30) days thereof. The decision of the City Commission on the appeal
shall be in writing and may be appealed to the Henry Circuit Court.
Any appeal from the decision of the City Commission shall be taken
within thirty (30) days of the date of the decision of the City
Commission.
(H) Ordinary maintenance and repairs may be undertaken without a
Certificate of Appropriateness provided this work on property in a
preservation district does not change its exterior appearance that
is visible to the public or, if a landmark, does not constitute the
alteration of a distinctive architectural feature.
(I) All work performed pursuant to a Certificate of Appropriateness
shall conform to the provisions of such Certificate. The City or its
agents may inspect from time to time any work being performed to
assure such compliance. In the event work is being performed which
is not in accordance with such Certificate or without the
appropriate Certificate of Appropriateness, the Police Chief or the
City Clerk shall issue a Stop Work Order and any law enforcement
officer may cite violators in District Court. All work shall cease
on the designated property. No additional work shall be undertaken
as long as such Stop Work Order shall continue in effect. The City
may apply in Circuit Court for an injunction to enforce its Stop
Work Order.
Alterations
(J) When a person wishes to undertake an alteration affecting
property in a preservation district, that person shall apply
directly to the Board for a Certificate of Appropriateness. The
Board may also recognize the importance of approving plans that will
be reasonable for the applicant to carry out. Before an applicant
prepares his plans, he may bring a tentative proposal to the Board
for its comments. The Board shall prepare a list of routine
alterations that shall receive immediate approval without a public
hearing when an applicant complies with the specifications of the
Board.
Demolition
(K) When an applicant wishes to demolish a landmark, a building or a
structure on a landmark site, or a building or structure in a
preservation district, the Board shall negotiate with the applicant
to see if an alternative to demolition can be found. The Board may
ask interested individuals and organizations for assistance in
seeking an alternative to demolition and in obtaining estimates on
rehabilitation costs for the threatened building. After its public
hearing, the Board may decide that a building or
structure in a preservation district or on a landmark site may be
demolished because it does not contribute to the preservation
district or to the landmark. On all other demolition applicants, the
Board shall study the question of economic hardship for the
applicant and shall determine whether the landmark or the property
in the preservation district can be put to reasonable beneficial use
without the approval of the demolition applicant. In the case of an
income-producing building, the Board shall also determine whether
the applicant can obtain a reasonable return from this existing
building. The Board may ask applicants for additional information to
be used in making these determinations. These determinations shall
be in addition to the points contained in Section 140.06 (D). If
economic hardship or the lack of a reasonable return is not proved,
the Board shall deny the demolition applicant unless the Board finds
grounds to grant the demolition applicant under the points contained
in Section 140.06(D).
Relocation
(L) When the applicant wishes to move a building or structure in a
preservation district, or wishes to move a building or structure to
a landmark site or to a property in a preservation district, the
Board shall consider:
(1)
The contribution the building or structure makes to its present
setting;
(2)
Whether there are definite plans for the site to be vacated;
(3)
Whether the building or structure can be moved without significant
damage to its physical integrity; and
(4)
The compatibility of the building or structure to its proposed site
and adjacent properties.
These considerations shall be in addition to the points contained in
Section 140.06(D).
Signs
(M) In reviewing applications involving signs, the Board shall use
guidelines it has prepared that have been approved by the City
Commission. Owners and tenants shall apply to the Board before their
signs are made.
Emergency Conditions
(N) An owner shall immediately notify the City of emergency
conditions dangerous to life, health or property affecting a
landmark, a landmark site, or a property in a preservation district,
and the owner shall promptly provide evidence of the dangerous
conditions that has been prepared by a person with professional
qualifications in evaluating buildings and structures.
(O) In any case where the City determines that there are emergency
conditions dangerous to life, health, or property affecting a
landmark, a landmark site, or a property in a preservation district,
it may order the remedying of these conditions without the approval
of the Board. The City shall promptly notify the Chairman of the
Board of the action being taken.
§ 140.07 MAINTENANCE AND REPAIR OF THE LANDMARKS, LANDMARK SITES AND
PROPERTY IN HISTORIC DISTRICTS
(A) Every person who owns or is in charge of a landmark, a landmark
site, or a property in a preservation district shall keep in good
repair: (1) all of the exterior portions of such buildings or
structures; and (2) all interior portions thereof which, if not so
maintained, may cause such buildings or structure to deteriorate or
to become damaged or otherwise to fall into a state of disrepair.
The purpose of this section is to prevent a person from forcing the
demolition of his building by neglecting it and permitting damage to
the building by weather or vandalism. No provision in this
subsection shall be interpreted to require an owner or tenant to
undertake an alteration or to restore his building to its original
appearance.
(B) (1) All buildings within a preservation
district or within a landmark site easily
visible from a street with
deteriorated, peeling or blistered or dirty and faded
painted surfaces shall be painted on
or before
October 31, 2005. All such
buildings which have unpainted brick
or stone surfaces which are covered
with soot or dirt shall be cleaned
by proper cleaning methods on or before
October 31, 2005. (Ord. 02-15;
1/15/03; and Ord. # 04-08;
12/16/04)
(2) All buildings within a preservation
district or a landmark site requiring
painting shall be painted at least every
five (5) years unless the existing paint
is in a state of good repair and condition.
All such buildings not requiring
painting, (i.e. non-painted brick and stone
buildings) shall be cleaned at least
once every ten (10) years unless the
existing masonry surfaces are clean and
in a state of good repair and
condition.
(3) All structural and decorative elements
of building fronts and other portions of
buildings within a preservation
district or landmark site easily visible from a
street, and regulated by the design
guidelines adopted by the city which are in
a state of deterioration or disrepair
shall be repaired or replaced in a workman-
like manner to match as closely as
possible the original material and
construction techniques on or before
October 31, 2005.
(Ord. 02-15;
1/15/03)(Ord. #04-08;
12/16/04)
(4) Windows on the fronts of buildings
within a preservation district or landmark
site or easily visible from a street
and regulated by the design guidelines
adopted by the city shall not be
boarded up except during construction or
during a period of repair or periodic
maintenance. If it is necessary to close an
opening with brick, the brick used
for closing must match as closely as
possible the existing brick, unless
the building is to be painted. All such
boarding shall be removed on or
before October
31, 2005.
(Ord. # 04-08;
12/16/04)
(C) The Board shall request a meeting with a property owner when his
landmark or his building in a preservation district is in poor
repair, and the Board shall discuss with the owner ways to improve
the condition of his property. After this step the Board may request
the City to take action to require correction of defects in any
building or structure designated under this Ordinance so that such
building or structure shall be preserved in accordance with the
purposes of this Ordinance. The action taken by the City may include
securing the doors, windows, and other parts of the building and
additional steps to stabilize walls, roofs, and other parts of a
building. (Ord. # 02-15;
1/15/03)
(D) The board shall request a meeting with the owner of each vacant
lot in a preservation district, and the Board shall discuss with
each owner ways to maintain the vacant lot so that it will
contribute to the preservation of the preservation district. The
Board may prepare plans to improve the appearance of a vacant lot in
the preservation district.
(E) The provisions of this section shall be in addition to all other
provision of the Kentucky Building Code requiring buildings and
structures to be kept in good repair.
§ 140.08 PENALITIES
(A) Any person violating § 140.06 (K) shall be subject to one or
more of the following penalties:
(1)
The forfeiture to the City of the real estate upon which the
demolished
building or structure was located;
(2)
The denial of a building permit for new construction upon the
subject
Real estate for a period of up to five (5) years, or
(3)
A fine not to exceed the cost of reconstructing the demolished
building or
structure.
(B) Upon a finding by and recommendation of the Board that a
building or structure within the preservation district or on a
landmark site is threatened with demolition by neglect (§ 140.07
(A)), the Commission may require the owner of the property t repair
all conditions contributing to the demolition by neglect. If such
repairs are not made within a reasonable time, the City may make
such repairs as are necessary to correct the demolition by neglect
in accordance with the city’s nuisance abatement procedure.
(C) Any person violating any other provisions of this chapter shall
be fined not less than twenty-five ($25) dollars, nor more than
fifty ($50) dollars for each offense. Each day’s violation shall
constitute a separate offense.
§ 140.09 NOMIINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES
(A) To participate in Certifies Local Government program, the City
shall initiate all local nominations to the National Register of
Historic Places and shall request the Mayor and the Board to submit
recommendations an each proposed nomination to the National
Register. The mayor and the Board shall obtain comments from the
public that shall be included in their National Register
recommendations. Within sixty (60) days of the receipt of a
nomination from a private individual or the initiation of a
nomination by the City, the City shall inform the Kentucky Heritage
Council and the owner of the property of the two recommendations
regarding the eligibility of the property. If the mayor and the
Board do not agree, both opinions shall be forwarded in the City’s
report. If both the Mayor and the Board
recommended that a property not be nominated, the Kentucky Heritage
Council shall inform the property owner, the state review board and
the State Historic Preservation Officer, and the property will not
be nominated unless an appeal is filed with the state Historic
Preservation Officer.
(B) If either or both the Mayor and the Board agree that a property
should be nominated, the nomination will receive a preliminary
review by the Kentucky Historic Preservation Review Board. The
Review Board shall make a recommendation to the State Historic
Preservation Officer who decides whether to forward the nomination
to the U.S. Secretary of the Interior who shall make the decision on
listing the property on the National Register. The Mayor, the Board,
or the property owner may appeal the final decision by the State
Historic Preservation Officer.
(C) In the development of the Certified Local Government program,
the City may ask the Board to perform other responsibilities that
may be delegated to the City under the National Historic
Preservation Act.
§140.10 MORATORIUM
No person shall, within four hundred eighty five (485) days one year
of the effective date of this ordinance or until the effective date
of the first ordinance of the City establishing a preservation
district, which ever is sooner, undertake new construction, a major
structural change or the demolition of a building or structure
within the City without the consent of the City. This prohibition
shall not apply to emergency repairs or ordinary maintenance and
repairs as defined in this ordinance.
(ORD. # 03-07;
6/2/03)
§ 140.11 SEVERABILITY
If any part of this Ordinance shall be declared void or
unconstitutional, the remaining provisions shall continue to have
full force and effect.
§ 140.12 EFFECTIVE DATE
This Ordinance shall take effect immediately upon passage by the
City of New Castle.
(Ord. # 02-03;
3/20/2002)
|