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Complete Listing of Ordinances

INTRODUCTION

In the publication of this Code of Ordinances, every effort was made to provide easy access to local law by municipal officials, the citizens of this municipality, and members of the business community.

We want to express our grateful appreciation to all municipal officials for their untiring efforts in the preparation of this Code of Ordinances.

AMERICAN LEGAL PUBLISHING CORPORATION

Stephen G. Wolf, Esq.
President

CITY OFFICIALS

Mayor Bill Lile City Council Caroline Chan Charmaine Coombs Patti Eubanks Becky Hunter Bonnie Jung Denise Scarpellini City Clerk Rheba Roten Treasurer Ronnie Hodgson

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ADOPTING ORDINANCE   2 SERIES 1997

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DOUGLASS HILLS, KENTUCKY:

     SECTION 1.       That the Code of Ordinances, consisting of Chapters 10 to 80, and Tables 1 to 9, each inclusive, be and is hereby adopted and enacted as the "Code of Ordinances of Douglass Hills, Kentucky," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before October 14, 1996, to the extent provided in Section 2 hereof.

     SECTION 2.       That all provisions of such Code shall be in full force and effect from and after the 10th day of February, 1997, and all ordinances of a general and permanent nature of the City of Douglass Hills, enacted on final passage on or before October 14, 1996, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 10th day of February, 1997, except as hereinafter provided.

     SECTION 3.     That the repeal provided for in Section 2 hereof shall not affect the following:

     (A)      Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

     (B)      Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;

     (C)      Any ordinance authorizing the execution of agreements with other governments or agencies;

     (D)      Any ordinance fixing salaries of officers or employees of the City or established personnel regulations;

     (E)      Any appropriation ordinance;

     (F)      Any right of franchise granted to any person, firm, or corporation;

     (G)      Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the City;

     (H)      Any ordinance establishing any official position of the City which is not specifically referred to in the Code;

     (I)      Any ordinance providing for local improvements or assessing taxes therefor;

     (J)      Any ordinance dedicating or accepting any plat or subdivision in the City, or providing regulations for the same;

     (K)      Any ordinance annexing property to the City;

     (L)      Any zoning ordinance or amendment thereto, except as inconsistent with the said code provisions;

     (M)      Any subdivision ordinance or amendment thereto;

     (N)      Any taxation ordinance;

     (O)      Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, or dealing with parking meters, parking meter zones or flow of traffic generally, not inconsistent with such Code;

     (P)      Any ordinance dealing with the electric, water, sewer or sewage disposal utilities of the City or fixing charges for use of such facilities;

     (Q)      Any ordinance enacted after October 14, 1996; nor shall such repeal be construed to revive any ordinance or part of an ordinance which is repealed by this ordinance.

     SECTION 4.     That a copy of said Code of Ordinances as adopted shall be placed on file in the office of the City Clerk and shall be available to public inspection in said office.

     SECTION 5.     That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.  This ordinance to be published according to law.

     Date of First Reading:                     12-09-96       

     Date of Second Reading and Enactment:      02-10-97       

     Date of Publication:                                            

                                        /s/  Warren C. Walker         

                                        Mayor

ATTEST:      /s/  Faye Tanner                 

          City Clerk

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ADOPTING ORDINANCE   2 SERIES 1997

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DOUGLASS HILLS, KENTUCKY:

     SECTION 1.       That the Code of Ordinances, consisting of Chapters 10 to 80, and Tables 1 to 9, each inclusive, be and is hereby adopted and enacted as the "Code of Ordinances of Douglass Hills, Kentucky," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before October 14, 1996, to the extent provided in Section 2 hereof.

     SECTION 2.       That all provisions of such Code shall be in full force and effect from and after the 10th day of February, 1997, and all ordinances of a general and permanent nature of the City of Douglass Hills, enacted on final passage on or before October 14, 1996, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 10th day of February, 1997, except as hereinafter provided.

     SECTION 3.     That the repeal provided for in Section 2 hereof shall not affect the following:

     (A)      Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

     (B)      Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;

     (C)      Any ordinance authorizing the execution of agreements with other governments or agencies;

     (D)      Any ordinance fixing salaries of officers or employees of the City or established personnel regulations;

     (E)      Any appropriation ordinance;

     (F)      Any right of franchise granted to any person, firm, or corporation;

     (G)      Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the City;

     (H)      Any ordinance establishing any official position of the City which is not specifically referred to in the Code;

     (I)      Any ordinance providing for local improvements or assessing taxes therefor;

     (J)      Any ordinance dedicating or accepting any plat or subdivision in the City, or providing regulations for the same;

     (K)      Any ordinance annexing property to the City;

     (L)      Any zoning ordinance or amendment thereto, except as inconsistent with the said code provisions;

     (M)      Any subdivision ordinance or amendment thereto;

     (N)      Any taxation ordinance;

     (O)      Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, or dealing with parking meters, parking meter zones or flow of traffic generally, not inconsistent with such Code;

     (P)      Any ordinance dealing with the electric, water, sewer or sewage disposal utilities of the City or fixing charges for use of such facilities;

     (Q)      Any ordinance enacted after October 14, 1996; nor shall such repeal be construed to revive any ordinance or part of an ordinance which is repealed by this ordinance.

     SECTION 4.     That a copy of said Code of Ordinances as adopted shall be placed on file in the office of the City Clerk and shall be available to public inspection in said office.

     SECTION 5.     That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.  This ordinance to be published according to law.

     Date of First Reading:                     12-09-96       

     Date of Second Reading and Enactment:      02-10-97       

     Date of Publication:                                            

                                        /s/  Warren C. Walker         

                                        Mayor

ATTEST:      /s/  Faye Tanner                 

          City Clerk

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ADOPTING ORDINANCE NUMBER 6, SERIES 1998

     AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY.

     WHEREAS, Burlington Publishing Systems, Florence, Kentucky, has completed the 1998 S-1 Supplement to the Code of Ordinances of the City of Douglass Hills, which supplement contains all ordinances of a general nature enacted since the adoption of the Code of Ordinances of this municipality; and

     WHEREAS, said Burlington Publishing Systems has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky code; and

     WHEREAS, it is the intent of the City Commission to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky;

     NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Douglass Hills, Commonwealth of Kentucky:

     SECTION 1.  That the 1998 S-1 Supplement to the Code of Ordinances of the City of Douglass Hills, as submitted by Burlington Publishing Systems, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

     SECTION 2.  That this ordinance shall take effect and be in force from and after its date of passage.

Date of First Reading      9-17-98                    

Date of Second Reading      10-12-98                   

                                         /s/ Warren C. Walker       

                                        Mayor

/s/ Faye Tanner         

City Clerk

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ADOPTING ORDINANCE NUMBER 5, SERIES 1999

     AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY.

     WHEREAS, Burlington Publishing Systems, Florence, Kentucky, has completed the 1999 S-2 Supplement to the Code of Ordinances of the City of Douglass Hills, which supplement contains all ordinances of a general nature enacted since the adoption of the 1998 S-1 Supplement to the Code of Ordinances of this municipality; and

     WHEREAS, said Burlington Publishing Systems has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky code; and

     WHEREAS, it is the intent of the City Commission to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky;

     NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Douglass Hills, Commonwealth of Kentucky:

     SECTION 1.  That the 1999 S-2 Supplement to the Code of Ordinances of the City of Douglass Hills, as submitted by Burlington Publishing Systems, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

     SECTION 2.  That this ordinance shall take effect and be in force from and after its date of passage.

Date of First Reading              08-09-99              

Date of Second Reading              09-13-99             

                               /s/ Warren C. Walker         

                              Mayor

/s/ Faye Tanner        

City Clerk

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ADOPTING ORDINANCE NUMBER 7, SERIES 2001

     AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY.

     WHEREAS, Burlington Publishing Systems, Florence, Kentucky, has completed the 2001 S-3 Supplement to the Code of Ordinances of the City of Douglass Hills, which supplement contains all ordinances of a general nature enacted since the adoption of the 1999 S-2 Code of Ordinances of this municipality; and

     WHEREAS, said Burlington Publishing Systems has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky code; and

     WHEREAS, it is the intent of the City Commission to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky;

     NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Douglass Hills, Commonwealth of Kentucky:

     SECTION 1.  That the 2001 S-3 Supplement to the Code of Ordinances of the City of Douglass Hills, as submitted by Burlington Publishing Systems, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

     SECTION 2.  That this ordinance shall take effect and be in force from and after its date of passage.

Date of First Reading     11-12-01                    

Date of Second Reading     12-10-01                    

           /s/ Warren C. Walker       

          Mayor

/s/ Faye Tanner        

City Clerk

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ORDINANCE NO. 1, SERIES 2005

     AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF DOUGLASS HILLS, KENTUCKY.

     WHEREAS, American Legal Publishing Corporation, Cincinnati, Ohio, has completed the 2004 S-4 Supplement to the Code of Ordinances of the City of Douglass Hills, which supplement contains all ordinances of a general nature enacted since the adoption of the 2001 S-3 Code of Ordinances of this municipality; and

     WHEREAS, said American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky code; and

     WHEREAS, it is the intent of the City Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky;

     NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Douglass Hills, Commonwealth of Kentucky:

     SECTION 1.  That the 2004 S-4 Supplement to the Code of Ordinances of the City of Douglass Hills, as submitted by American Legal Publishing Corporation, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

     SECTION 2.  That this ordinance shall take effect and be in force from and after its date of passage.

Date of First Reading      January 10, 2005                    

Date of Second Reading      February 14, 2005                   

                               /s/ Sherl Fetter      

                              Mayor

/s/ Henrietta Barker        

City Clerk

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CHAPTER 10:  GENERAL PROVISIONS

§ 10.001  CODE DESIGNATION

     All ordinances contained within this and the following chapters that are of a general and permanent nature and as revised, codified, rearranged, renumbered, and consolidated here shall be known and designated as the "The Code of the City of Douglass Hills, Kentucky", and may be cited as such.  This codification may also be known as "codified ordinances", the "code" or "Douglass Hills code".  Code title, chapter, and section headings or catch lines shall not be construed as any part of the law contained herein.

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§ 10.002  DEFINITIONS

     In the construction of this code and for purposes of this code, the following definitions shall apply, unless inconsistent with the text or unless the context clearly indicates a different meaning:

     “ACTION.”  Includes all proceedings in any court in the Commonwealth. 

(KRS 446.010(1))

     “AND” or “OR.”  The word “and” may be read as “or” and “or” may be read as “and,” where the context requires it.

     “CITY”  or “MUNICIPALITY.”  When used in this code, the City of Douglass Hills, located in Jefferson County; except as otherwise provided.

     “COMPANY.”  May extend and be applied to any corporation, company, person, partnership, joint stock company, or association. 

(KRS 446.010(7))

     “COMMISSIONER.”  An appointed member of the Recreational Facilities Corporation, Inc.

     “CORPORATION.”  May extend and be applied to any corporation, company, partnership, joint stock company, or association. 

(KRS 446.010(8))

     “COUNCIL”  or “CITY COUNCIL.”  The city legislative body of Douglass Hills, Kentucky.

     “COMPUTATION OF TIME.”  The time within which an act is to be done shall be computed by excluding the first day and including the last day.  If the last day is a Sunday or a legal holiday, it shall be excluded.  When the period of time prescribed or allowed is seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

     “COUNTY.”  Jefferson County, Kentucky.

     “DIRECTORS.”  Members of the Board of Directors of Recreational Facilities, Inc.

     “DOMESTIC.”  When applied to corporations, partnerships, limited partnerships, or limited liability companies, means all those incorporated or formed by authority of the Commonwealth of Kentucky. 

(KRS 446.010(11))

     “EXECUTIVE AUTHORITY.”  The Mayor. 

(KRS 83A.010(6))

     “EXECUTIVE ORDER.”  An order issued by the Mayor which is binding upon the officers and employees of the city and any governmental agency over which the city has jurisdiction. 

(KRS 83A.010 (7))

     “FEDERAL.”  The United States. 

(KRS 446.010(13))

     “FOREIGN.”  When applied to corporations, partnerships, limited partnerships, or limited liability companies, includes all those incorporated or formed by authority of any other state. 

(KRS 446.010 (14))

     “KRS.”  The Kentucky Revised Statutes.

     “LAND” or “REAL ESTATE.”  Includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. 

(KRS 446.010(18))

     “LEGISLATIVE BODY.”   The City Council. 

(KRS 91A.010(8))

     “LEGISLATIVE BODY MEMBER.”  A member of City Council. 

(KRS 83A.010(8))

     “MAY.”  The act referred to is permissive. 

(KRS 446.010(20))

     “MISDEMEANOR.”  An offense for which the criminal fine can not exceed the amount set forth in KRS 534.040(2)(a), or a term of imprisonment not to exceed the periods set forth in KRS 532.090(1) or both. 

(KRS 83A.065)

     “MONTH.”  Calendar month. 

(KRS 446.010(21))

     “MUNICIPAL ORDER.”  An official act of the City Council which is binding upon the officers and employees of the city and any governmental agency over which the municipality has jurisdiction. 

(KRS 83A.010(9))

     “OATH.”  Includes “AFFIRMATION” in all cases in which an affirmation may be substituted for an oath.  

(KRS 446.010(22))

     “OFFICER.”  Any person elected to a position by the voters or any person appointed to a position which:

          (1)     Is created by the Constitution, the General Assembly, or a city;

          (2)     Possesses a delegation of a portion of the sovereign power of government;

          (3)     Has powers and duties to be discharged which are conferred directly or by implication by the city;

          (4)     Has duties performed independently and without control of a superior power other than the law;

          (5)     Has some permanency;

          (6)     Requires an official oath;

          (7)     Is assigned by a commission or other written authority; and

          (8)     Provides for an official bond if required by proper authority.

(KRS 83A.010(10))

     “ORDINANCE.”  An official act of the City Council, which is a regulation of a general and permanent nature and enforceable as a local law or is an appropriation of money. 

(KRS 83A.010(11))

     “PARTNERSHIP.”  Includes both general and limited partnerships.

(KRS 446.010(24))

     “PEACE OFFICER.”  Includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests. 

(KRS 446.010(25))

     “PERSON.”  May extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability companies. 

(KRS 446.010(27))

     “PERSONAL PROPERTY.”  Includes all property except real property.

     “PROPERTY.”  Includes real, personal and other property.

     “REGULAR ELECTION.”  The election in even numbered years at which members of Congress are elected and the election in odd numbered years in which state officers are elected. 

(KRS 446.010(29))

     “RESOLUTION.”  An expression of the opinion, will or policy of the legislative body on some matter of ministerial business which has come before the body.  (While an ordinance, and to a large extent a municipal order, involves a distinctly legislative act, a resolution is a less formal mechanism for dealing with matters of a special or temporary character.)

     “SHALL.”  The act referred to is mandatory.

     “SIDEWALK.”  That portion of the street between the curbline, or the lateral lines of a roadway or street where there is no curb and the adjacent property line and intended for use by pedestrians.

     “STATE.”  The Commonwealth of Kentucky.

     “STREET.”  Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches to them and all other public thoroughfares within the city.  It shall be construed to include a sidewalk or path, unless the sidewalk or path is so excluded, or unless such construction is inconsistent with the intent of the City Council.

     “SWORN.”  Includes “AFFIRMED” in all cases in which an affirmation may be substituted for an oath. 

(KRS 446.010(33))

     “VIOLATION.”  An offense for which the criminal fine can not exceed the amount set forth in KRS 534.040(2)(c).

(KRS 83A.065)

     “YEAR.”  Calendar year. 

(KRS 446.010(38))

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§ 10.003  RULES OF CONSTRUCTION

     (A)     Tense.  Words used in the past or present tense include the future as well as the past and present.

     (B)     Gender.  A word importing the masculine gender only may extend and be applied to females as well as males.

(KRS 446.020(2))

     (C)     Singular/Plural.   A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things.

(KRS 446.020(1))

     (D)     Retroactivity.  No ordinance shall be construed to be retroactive, unless expressly so declared.

(KRS 446.080(3))

     (E)     Terms/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))

     (F)     Officers/Agents of City.  All officers, agents, employees and other persons, together with all things and places referred to in this code, unless a different intention appears, shall be construed to mean the officers, agents, employees and other persons, things and places situated in the city or employed by or pertaining to the city.

     (G)     Acts Prohibited.  All acts prohibited or punishable under this code or under any particular ordinance codified here, unless otherwise indicated, shall be construed to refer to those acts when committed or occurring within the city limits or in other places over which the police may have jurisdiction or authority by state law.

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§ 10.004  SIGNATURES AND WRITINGS

     (A)     Any writing required to be signed under this code shall only be deemed to be signed when a signature is subscribed at the end or closing of the writing.

(KRS 446.060(1))

     (B)     Any writing required under the provisions of the code shall include printing or any other mode of representing words and letters so long as the language used in the writing is the English language.

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§ 10.005  SEVERABILITY OF PARTS OF CODE

     It shall be considered that it is the intent of Council in enacting any ordinance, that if any part of the ordinance be held unconstitutional, the remaining parts shall remain in force, unless the ordinance provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that council would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of Council.

(KRS 446.090)

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§ 10.006  RIGHTS OR LIABILITY ACCRUED 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 hereafter 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 part affected, be applied to any judgment pronounced after the new ordinance takes effect.

(KRS 446.110)

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§ 10.007  ORDINANCES AFFECTED BY CODIFICATION

     (A)     From and after its adoption by City Council and its effective date, this code shall contain all provisions of a general and permanent nature pertaining to the titles and subjects included herein.  All prior ordinances or codes pertaining to the titles or subjects contained herein shall be deemed repealed.

     (B)     All standard codes, rules and regulations and other subject matter adopted by ordinance and herein incorporated by reference, together with any amendments as made from time to time, and future incorporations by reference shall be construed to have full force and effect as if set out herein; and a copy of such codes, rules and regulations shall be kept on file in the office of City Clerk, unless otherwise indicated.

     (C)     All ordinances of a temporary or special nature and any other ordinances not pertaining to titles and subjects included in this code shall remain in full force and effect unless repealed expressly or by necessary implication.

     (D)     Whenever an ordinance by its nature either authorizes or enables the Council, or a certain city officer, employee, or agent to make additional ordinances, rules or regulations for the purposes of carrying out the intent of the ordinance; all ordinances, rules and regulations of a similar nature serving the same purpose, effected prior to the adoption of this code and not inconsistent with this code, shall remain in effect.

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§ 10.008  CONFLICTING SECTIONS OR PROVISIONS

     If any of the provisions, codes, chapters, articles, divisions or sections of this code conflict with or contradict another provision, code, chapter, article, division or section; the provisions with the latest date of enactment or adoption shall prevail.  If the conflicting provisions bear the same date of enactment or adoption, the conflict shall be so construed as to be consistent with the meaning or legal effect of the subject matter when taken as a whole.

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§ 10.009  OMISSIONS OR ERRORS

     If an error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intent of the provisions, or the use of a word for which a meaning within the intent of the provision cannot be defined, or the use of a word or words when another word or words was clearly intended, the error shall be corrected by substituting a correct spelling of the word or words, or adding the omitted word or words, or deleting the word or words found to be in error to conform with the original intent of the provision.  The provision shall have the same force and effect as though the correct words were originally contained within the text of this code.  No alteration shall be made if any question exists regarding the nature or extent of the error.

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§ 10.010  HISTORICAL REFERENCES

     (A)     All reference information contained within this code is intended for the use of the reader; however, it shall not be construed to be a part of any ordinance or amendment to any ordinance codified here. 

     (B)     As a historical reference to the sections contained within this code, ordinance information before the passage of ordinance number 7-1990 adopted on July 9, 1990 was extracted from the code originally adopted on July 9, 1990 and as amended and supplemented from time to time.  Wherever possible, ordinance historical data has been included as originally codified or contained within the 1990 code; but, when section or provision history could not be determined from the 1990 code, a section reference to the code has been added.  Example:  (1990 code)

     (C)     All amendments to ordinances are listed following previous ordinance information as an amendment to the previous ordinance.  Example:  (Ord. No. 5-89, 2-21-89; Amd. Ord. No. 6-90, 3-1-90)

     (D)     If a cite to the Kentucky Revised Statutes is included in the history of a provision or section, this indicates that the text of the section reads word-for-word from the statutes.  Example:  (KRS 446.010).  If a cite from the Kentucky Revised Statutes is set forth as a "statutory reference" following the text of the section, this indicates that additional information may be found within the referenced section of the statutes.

     (E)     Cross references which are found at the end of any provision or section refer to another section of the code where additional information about a particular subject may be found.

     (F)     Where additional information of some nature is required or provided that cannot otherwise be explained or corrected, or when a question of completeness or correction has arisen in the publication of this code that cannot otherwise be completed or corrected before publication of this code; a footnote, numbered and set out at the end of the page, shall provide explanation of the additional information, correction, or question.

     (G)     Sections with no historical reference or data indicate that the section is originally enacted by the adoption of this code.

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§ 10.011  TITLES, ARTICLES, DIVISION, AND SECTION HEADINGS

     The catchlines or headings of all titles, articles, divisions, and sections or other provisions of this code printed in italicized type, bold type, or which are capitalized are intended as words to indicate the contents of the sections and shall not be deemed to be titles of the sections, nor a part of the sections, unless so provided by the ordinance from which the sections were derived.

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§ 10.012  REFERENCES TO CODE

     All references to chapters, articles, divisions, subchapters, or sections contained within the provisions of this code are to the chapters, articles, divisions, subchapters, or sections of this code, unless otherwise specified.

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§ 10.999  GENERAL PENALTY

     When any person, firm, or corporation is convicted of a violation of any provision of this code and no penalty is otherwise provided, the person, firm, or corporation shall be deemed guilty of a violation and shall be fined an amount not to exceed two hundred fifty ($250.00) dollars.

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CHAPTER 20:  ELECTED OFFICIALS

ARTICLE I.  GENERAL PROVISIONS

§ 20.001  ORGANIZATION

     (A)     The government of the city shall be administered in the manner prescribed by KRS Chapter 83A, other applicable provisions of the Constitution and statutes, and the provisions of this code. 

     (B)     Pursuant to KRS 83A.020, the city is governed by the Mayor-Council form of government as set forth in KRS 83A.130.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

     (C)     The government shall be composed of an elected executive who shall be called the Mayor and an elected legislative body which shall be called the City Council, and of such other officers and employees as may be provided for by statute or city ordinance.

     (D)     The City Council shall be composed of six (6) members.

(KRS 83A.030, 83A.130)

                         

Statutory reference:

     Organization structure, KRS 83A.020

     Legislative body size, KRS 83A.030

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§ 20.002  NON-PARTISAN ELECTION AUTHORIZED

     (A)     Election of city officers shall be governed by the provisions of KRS Chapters 116 to 121, except as provided in this chapter.

     (B)     All officers of the city shall be elected according to the non-partisan city election laws set out in this section and pursuant to KRS 83A.045.

(Ord. No. 3-1981, 2- -81; Amd. Ord. No. 6-1981, 4-3-81; Amd. Ord. No. 5-1993, 8-9-93)

          (1)     There shall be no primary election for the nomination of candidates to city office regardless of the number of candidates running for each office.

(Ord. No. 5-1993, 8-9-93)

          (2)     All candidates shall file their nomination papers with the County Clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office with appear on the ballot and not later than the second Tuesday in August before the day fixed by KRS Chapter 118 for holding a regular election for the office.

(Ord. No. 5-1993, 8-9-93; Amd. Ord. No. 3-2004, 4-12-04)

          (3)     All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the papers are permitted to be filed.

          (4)     The election of candidates to city office shall be governed by the provisions of KRS 83A.045(2), 83A.175(2) to (6), and KRS Chapters 116 to 121.

          (5)     The number of candidates equal to the number of city offices to be filled who receive the highest number of votes cast in the regular election for each city office shall be elected.

          (6)     If a vacancy occurs in a candidacy for city office after the expiration of time for filing nomination papers due to death, incapacity, or withdrawal of a candidate, or if there are fewer candidates than there are offices to be filled, the vacancy in candidacy shall be filled in the manner prescribed in KRS 83A.045(2)(b)(6).

                         

Statutory reference:

     Elections governed by, KRS 83A.043

     Non-partisan election authorized, KRS 83A.045

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§ 20.003  INDEMNIFICATION OF ELECTED OFFICIALS

     (A)     The city shall provide for the defense of any elected official in any action in tort arising out of an act or omission occurring within the scope of his office.

     (B)     The city shall pay any judgement based thereon or any compromise or settlement of any such action in tort except as provided in subsection (C).

     (C)     The city may refuse to pay a judgment or settlement in any action against an elected official, or if the city pays any claim or judgment against any elected official pursuant to subsection (B), it may recover against the official the amount of the payment and the cost to defend it:

          (1)     If the elected official failed to act because of fraud, malice, or corruption;

          (2)     If the action was outside the apparent scope of his duties; or

          (3)     If the elected official willfully refused to assist in the defense or the cause of action in good faith.

(Ord. No. 2-1986, 5-12-86)

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§ 20.004  COMPENSATION

     (A)     City Council shall by ordinance fix the compensation of every elected city officer not later than the first Monday in May in the year the officer is elected.  An elected officer's compensation shall not be changed after his election or during his term of office.

(KRS 83A.070)

     (B)     Equating compensation with purchasing power of dollar:

          (1)     In order to equate the compensation of the Mayor and members of the City Council with the purchasing power of the dollar, the Department for Local Government shall compute by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with § 246 of the Constitution of Kentucky which provides that the Mayor in cities of the first class shall be paid at a rate no greater than twelve thousand ($12,000) dollars per annum and the Mayor in cities other than the first class and legislative body members shall be paid at a rate no greater than seven thousand two hundred ($7,200) dollars per annum.

          (2)     The City Council of the city shall set the compensation of the officer in accordance with KRS 83A.070 at a rate no greater than that stipulated by the Department for Local Government.

                         

Cross reference:

     Setting salary of Mayor and Council, see Tables of Special Ordinances, Table 6.

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§ 20.005  MAYOR, PRESIDING OFFICER TO APPOINT COMMITTEES

     All committees of Council shall be appointed by the Mayor or the presiding officer, if different than the Mayor.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

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ARTICLE II.  MAYOR

§ 20.100  EXECUTIVE AUTHORITY

     The executive authority of the city shall be vested in a Mayor, who shall be elected in accordance with the provisions for non-partisan elections set forth in KRS 83A.170 and § 20.002 of this code.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

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§ 20.101  ELECTION

     The Mayor shall be elected at a regular election. A candidate for Mayor shall be a resident of the city for not less than one (1) year prior to his or her election.

(KRS 83A.040(1))

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§ 20.102  TERM

     The term of office of the Mayor shall begin on the first day of January following his election and shall be for four (4) years and until his successor qualifies. If a person is elected or appointed as Mayor in response to a vacancy and serves less than four (4) calendar years, then that period of service shall not be considered for purposes of re-election a term of office.

(KRS 83A.040(1))

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§ 20.103  QUALIFICATIONS

     The Mayor shall be at least twenty-five (25) years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.

(KRS 83A.040(1))

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§ 20.104  VACANCY

     If a vacancy occurs in the office of Mayor, the following provisions shall apply:

          (A)     The City Council shall fill the vacancy within thirty (30) days.

          (B)     A Council Member may not vote for himself to fill the position of Mayor.

          (C)     When voting to fill the vacancy created by a resignation of a Mayor, the resigning Mayor shall not vote on his successor.

          (D)     The Council shall elect from among its members an individual to preside over meetings of the Council during any vacancy in the office of Mayor.

(KRS 83A.040(2))

          (E)     If for any reason the disability of the Mayor to attend to his duties persists for sixty (60) consecutive days, the office of the Mayor may be declared vacant by a majority vote of the Council.

(KRS 83A.130(10))

          (F)     If for any reason, a vacancy in the office of Mayor is not filled within thirty (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.030(6))

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§ 20.105  RESIGNATION

     No vacancy by reason of voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies a resignation date is tendered to the City Council.  The resignation shall be effective at the next regular or special meeting of the City Council occurring after the date specified in the written letter of resignation.

(KRS 83A.040(7))

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§ 20.106  DUTIES

     The Mayor shall have the following duties:

     (A)     The Mayor shall enforce the Mayor-Council plan, city ordinances, and orders, and all applicable statutes.

     (B)     The Mayor shall supervise all departments of city government and the conduct of all city officers and employees under his jurisdiction and shall require each department to make reports to him as required by ordinance or as he deems desirable.

     (C)     The Mayor shall appoint all officers and employees authorized by ordinance, with approval of Council.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

     (D)     The Mayor shall maintain liaison related units of local government respecting interlocal contracting and joint activities.

     (E)     The Mayor shall report to the Council and to the public on the condition and needs of city government as he finds appropriate or as required by ordinance, but not less than annually.  He shall make any recommendations for actions by the Council he finds in the public interest.

     (F)     Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statute or ordinance.  Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the City Clerk.

     (G)     The Mayor shall preside at meetings of the Council.  The Mayor may participate in council proceedings, but shall not have a vote, except that he may cast the deciding vote in case of a tie.

     (H)     All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor or his agent designated by executive order.

     (I)     The Mayor shall be the appointing authority with power to appoint and remove all city employees, except as tenure and terms of employment are protected by statute, ordinance, or contract and except for employees of the Council.

     (J)     The Mayor shall provide for the orderly continuation of the functions of city government at any time he is unable to attend to the duties of his office by delegating responsibility for any function to be performed in accordance with § 20.107, provided that the Mayor shall not delegate the responsibility of presiding at meetings of the Council and that approving ordinances or promulgating administrative procedures may only be delegated to an elected official.  With approval of the Council, the Mayor may rescind any action taken in his absence under this subsection within thirty (30) days of such action.  If for any reason the disability of the Mayor to attend to his duties persists for sixty (60) consecutive days, the office of Mayor may be declared vacant by a majority vote of the Council and the provisions of KRS 83A.040 shall apply.

                         

Cross reference:

     Mayor to delegate duties for certain officers, § 21.002 and § 21.201

     Mayor to appoint Recreation Commission members, § 22.101

     Mayor to act as official custodian of records, § 24.001

     Ethical conduct of Mayor required, Chapter 26

     Nepotism prohibited in hiring officers, employees, § 26.300

     Mayor to appoint and remove Board of Ethics members, § 26.400

     Authorized to contract with provider for recycling, § 30.002

     Authorized agreement with sewer service, § 31.002

     To erect weight limit signs on streets, § 40.002

     To approve street numbering system, §§ 41.004- 41.005

     To designate enforcement official for street numbering, § 41.006

     Mayor to appoint Zoning Committee, § 80.101

     Mayor to preside at public hearing held for zoning matters, § 80.103

Statutory reference:

     Duties of Mayor, 83A.130

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§ 20.107  DELEGATION OF AUTHORITY

     Any delegation of the Mayor's power, duties or responsibilities to subordinate officers and employees and any expression of his official authority to fulfill executive functions shall be made by executive order.  Executive orders shall be sequentially numbered by years and shall be kept in a permanent file.

(KRS 83A.130(7))

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ARTICLE III.  CITY COUNCIL

Division 1.  General Provisions

§ 20.200  COMPOSITION

     The legislative power of the city is vested in a City Council, which shall be composed of six (6) members, who shall be elected at-large in accordance with the provisions for non-partisan elections set forth in KRS 83A.170 and § 20.002 of this code.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

                         

Statutory reference:

     Legislative body size, KRS 83A.030

     Non-partisan elections, KRS 83A.170

Cross reference:

     Non-partisan election authorized, see § 20.002

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§ 20.201  ELECTION

     Each City Councilmember shall be elected at-large at a regular election.

(KRS 83A.040(4))

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§ 20.202  TERM

     The term of office for a Councilmember shall begin on the first day of January following his election and shall be for two (2) years.

(KRS 83A.040(4))

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§ 20.203  QUALIFICATIONS

     A Councilmember shall be least twenty-one (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.040(4))

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§ 20.204  VACANCIES

     (A)     If one (1) or more vacancies on the City Council occur in a way that one (1) or more members remain seated, the remaining members shall within thirty (30) days fill the vacancies one (1) at a time, giving each new appointee reasonable notice of his selections as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled.

     (B)     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 subsection (A).

     (C)     If for any reason, a vacancy in the office of Councilmember is not filled within thirty (30) days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.

(KRS 83A.040(6))

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§ 20.205  RESIGNATION

     No vacancy by reason of voluntary resignation in the office of council member shall occur unless a written resignation which specifies a resignation date is tendered to the City Council.  The resignations shall be effective at the next regular or special meeting of the City Council occurring after the date specified in the written letter of resignation.

(KRS 83A.040(7))

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§ 20.206  REMOVAL

     (A)     Any elected officer, in case of misconduct, incapacity, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the City Council exclusive of any member to be removed who shall not vote in the deliberation of his removal.

     (B)     No elected officer shall be removed without having been given the right to a full public hearing.  The officer, if removed shall have the right to appeal to the Jefferson Circuit Court, and the appeal shall be on the record.

     (C)     No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which he was originally elected.

(KRS 83A.040(9))

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§ 20.207  IMMUNITY

     For anything said in debate, City Council members shall be entitled to the same immunities and protection allowed members of the General Assembly.

(KRS 83A.060(15))

                         

Cross reference:

     Indemnification of elected officials, see § 20.003

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§ 20.208  DUTIES

     (A)     The legislative authority of the city shall be vested in and exercised by the City Council.  The Council shall not perform any executive functions except those functions assigned to it by statute.

     (B)     The Council 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.

     (C)     The Council shall by ordinance provide for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which shall provide for the orderly management of city resources.

     (D)     The Council shall have the right to investigate all activities of city government.  The Council may require any city officer or employee to prepare and submit to it sworn statements regarding his performance of his official duties.  Any statement required by the Council to be submitted or any investigation undertaken by the Council, if any office, department or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless and until written notice of the Council's action is given to the Mayor.  The Mayor shall have the right to review any statement before submission to the Council and to appear personally or through his designee on behalf of any department, office, or agency in the course of any investigation.

(KRS 83A.130)

     (E)     The City Council shall set compensation for officer's as follows:

          (1)     The City Council shall set compensation for elected officials in accordance with § 20.004 of this code.

          (2)     The City Council shall fix the compensation of each appointed city officer by ordinance and may change it by ordinance.

(KRS 83A.070 (2))

          (3)     The City Council shall fix the compensation of city employees in accordance with a personnel and pay classification plan which shall be adopted by ordinance.

(KRS 83A.070(3))

          (4)     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 and employee.

          (5)     City Council may, by ordinance, establish the compensation for any elective or appointive city office on a salaried or per diem basis.

(KRS 83A.070)

                         

Cross reference:

     City Council to prescribe duties of City Clerk by ordinance or order, § 21.002

     City Council to prescribe duties of City Treasurer, § 21.100

     City Council to prescribe duties of City Attorney, § 21.201

     City Council to approve Recreation Commission appointments, § 22.101

     City Council to approve Board of Ethics appointments, § 26.400

     Ethical conduct of City Council members required, Chapter 26

     Setting procedures for collection of garbage fee, § 30.001

     Approving sewer agreement, § 31.002

     Promulgated street numbering regulations, § 41.001

     City Council to issue business license, § 60.001

     City Council to fix ad valorem tax rate, Chapter 61

     City Council to receive annual reports from insurance companies subject to license fee, § 63.005

     City Council to designate certification official for building regulations, § 70.003

     May approve certificate of approval renewal, § 70.008

     May allow variances to building regulations, § 70.012

     May allow variances to square foot restrictions, § 80.003

     Zoning committee to be appointed from, § 80.101

     City Council to decide on zoning matters, hold hearing;  §§ 80.102- 80.105

     Ethical conduct in zoning matters required, § 80.106

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Division 2.  Meetings

§ 20.250  REGULAR MEETINGS

     (A)     The City Council shall hold a regular meeting each month on the first Thursday of each month with the meetings to convene at 7:00 p.m.

     (B)     The meetings shall be held at the City Offices located on 219 Moser Road, Louisville, KY 40223.

(Ord. No. 1-1976, 1-5-76; Amd. Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81 ; Amd. Ord. No. 1-1986, 2-10-86; Amd. Ord. No. 6-2009, 8-24-09)

                         

Cross reference:

     Meetings to be open to public, exceptions, Chapter 25

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§ 20.251  SPECIAL MEETINGS

     Special meetings of the Council may be called by the Mayor or upon written request of a majority of the Council.  In the call, the Mayor or Council shall designate the purpose, the time and place of the special meeting with sufficient notice for the attendance of Councilmembers and for compliance with KRS Chapter 61.  At a special meeting no business may be considered other than that set forth in the designation of purpose.

                         

Statutory reference:

     Special meetings, KRS 83A.130

Cross reference:

     Meetings to be open to public, exceptions, Chapter 25

      Special meetings, § 25.103

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§ 20.252  PRESIDING OFFICER

     The Mayor shall be the presiding officer of the City Council.  He shall decide all questions of order and, in case of a tie, shall cast the deciding vote.  During sessions of the City Council, he shall have the same power to enforce order and decorum and to punish for contempt that circuit judges have.  He may issue subpoenas, writs, and compulsory processes for the attendance of witnesses and the production of books and papers before the City Council or any of its committees, and enforce them by appropriate fines, forfeitures and punishments, to be entered as an order upon the journal of the City Council.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

                         

Statutory reference:

     Mayor to preside, KRS 83A.130(5)

Cross reference:

     Rules of order, § 20.255

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§ 20.253  QUORUM

     (A)     A majority of the six (6) members of the City Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in such a manner and under penalties as prescribed by ordinance.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

     (B)     A vote of the majority shall be sufficient to take action.

                         

Statutory reference:

     Majority to constitute quorum, KRS 83A.060

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§ 20.254  AGENDA

     All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council shall, at least thirty-two (32) business hours prior to each council meeting, be delivered to the City Clerk.  Whereupon the City Clerk shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, and the City Attorney with a copy as far in advance of the meeting as time for preparation will permit.  None of the foregoing matters shall be presented to the Council by administrative officials except those of an urgent nature, and the same, when presented, shall have the written approval of the Mayor before presentation.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

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§ 20.255  RULES OF ORDER

     (A)     Business to be conducted orderly.  The business of the City Council shall be conducted in an orderly manner in accordance with such rules of conduct as the City Council may establish by majority vote.

     (B)     Minutes of previous meeting to be read; exceptions.  At each regular meeting of the City Council, the minutes of the proceedings of the previous regular meeting and of all intervening special meetings shall be publicly read, corrected, and approved, signed by the presiding officer and attested by the Clerk.  The minutes may be approved without reading if the Clerk has previously furnished each member with a synopsis and if no member of the Council has requested a reading of the minutes of a council meeting.

     (C)     Vote.  The vote on all questions coming before the City Council shall be by voice vote except that the roll shall be called if any member requests it.  The passage of an ordinance shall be by roll call vote and the vote of each member of the City Council shall be entered on the official record of the meeting.

     (D)     Motions, in general.  Any member of the Council presiding instead of the Mayor may move, second and debate from the chair, subject only to such limitations of debate as are imposed by these rules on all members. Any member presiding instead of the Mayor shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the presiding officer.

     (E)     Member to be recognized before speaking. 

          (1)     Any Councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalized and indecorous language.

          (2)     A Councilmember, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided.  If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined.  If in order, he shall be permitted to proceed.

     (F)     Closing debate.  The Councilmember moving the adoption of an ordinance, municipal order or resolution shall have the privilege of closing the debate.

     (G)     Motions to reconsider any action.  A motion to reconsider any action taken by the Council may be made only on the day the action was taken.  It may be made either immediately during the same session, or at a recessed or adjourned session.  The motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions.  While a member has the floor, the motion shall be debatable.  Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council.

     (H)     Members' reasons for position may be recorded in minutes.  Any Councilmember shall have the right to have the reasons for his dissent from, support of, or protest against, any action of the Council entered on the minutes.

     (I)     Addressing City Council during a meeting.

          (1)     Any person desiring to address the Council shall first secure the permission of the presiding officer.

          (2)     Any person making personal, impertinent or slanderous remarks or becoming boisterous while addressing the Council shall be forthwith, by the presiding officer, barred from further audience before the Council unless permission to continue is granted by a majority vote of the Council.

          (3)     Any interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion, and the communications shall be read by the Clerk at the next regular meeting unless objected to by a majority of the Council.

          (4)     Any taxpayer or resident of the city, or their authorized legal representative, may address the Council by oral communications on any matter concerning the city's business or any matter over which the Council has control provided, however, that preference shall be given to those persons who have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the Council.

          (5)      Any interested person or his authorized representative may address the Council by reading of protests, petitions or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals, and petitions or similar matters.

     (J)     Motion to adjourn.  A motion to adjourn shall always be in order and decided without debate.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

                         

Statutory reference:

     Meetings, KRS 83A.130

Cross reference:

     Ordinances, § 20.256

     Public meetings, Chapter 25

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§ 20.256  ORDINANCES

     (A)     Title.  Each ordinance shall embrace only one (1) subject and shall have title that shall clearly state the subject.

     (B)     Enacting clause.  Each ordinance shall be introduced in writing and shall have an enacting clause styled "Be it ordained by the City of Douglass Hills".

     (C)     Amendments.  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.

     (D)     Reading.  Except as provided in subsection (F) of this section, no ordinance shall be enacted until it has been read on two (2) separate days.  The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.

     (E)     Adoption by Reference.  The City Council may adopt the provisions of any local, statewide, or nationally recognized standard code and codification of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source, and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city.

     (F)     Emergency.  In an emergency, upon the affirmative vote of two-thirds (2/3) of the membership, the City Council may suspend the requirements of second reading and publication to provide for an ordinance to become effective by naming and describing the emergency in the ordinance.  Publications requirements of subsection (H) of this section shall be compiled within ten (10) days of the enactment of the emergency ordinance.

     (G)     Ordinances, municipal orders, resolutions and other matters or subjects requiring action by Council.  Ordinances, municipal orders, resolutions and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council except that the Mayor may present ordinances, municipal orders, resolutions and other matters or subjects to the Council and may assume sponsorship by moving that the ordinances, municipal orders, resolutions, matters or subjects be adopted.

(Ord. No. 9-1978, 8-14-78; Amd. Ord. No. 6-1981, 4-3-81)

     (H)     Permanent Record.  Every action of the City Council shall be made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the Council shall be entered on the official record of each meeting.  All ordinances adopted in the city shall, at the end of each month, be indexed and maintained in the following manner:

          (1)     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.

          (2)     All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and indexed in a composite index or maintained in a code of ordinances.

          (3)     At least once every five (5) years, the city shall cause all ordinances in the composite index or code of ordinances to be examined for consistency with the state law and with one another and to be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.

     (I)     Publication.  Except as provided in subsection (F) of this section, no ordinance shall be effective until published in full or in summary as designated by the City Council.  If the Council elects to publish an ordinance in summary, the summary shall be prepared and certified by an attorney licensed to practice law in the Commonwealth and shall include the following:

          (1)     The title of the ordinance;

          (2)     A brief narrative setting forth the main points of the ordinance in a way reasonably calculated to inform the public in a clear and understandable manner of the meaning of the ordinance; and

          (3)     The full text of each section that imposes fines, penalties, forfeitures, taxes, or fees.

          (4)      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.

     (J)     Signature required.  All ordinances adopted by the Council shall be submitted to the Mayor, who shall within ten (10) days after submission, either approve the ordinance by affixing his signature or disapprove it by returning it to the Council together with a statement of his objections.  No ordinance shall take effect without the Mayor's approval unless he fails to return it to the Council within ten (10) days after receiving it or unless the Council votes to override the Mayor's veto, upon reconsideration of the ordinance no later than the second regular meeting following its return, by affirmative vote of one (1) more than a majority of the membership.

     (K)     Municipal orders.

          (1)     The City Council may adopt municipal orders.  Orders shall be in writing and may be adopted only at an official meeting.  Orders may be amended by a subsequent municipal order or ordinance.  All orders adopted shall be maintained in an official order book.

          (2)     A municipal order 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 city has control.

     (L)     Proof.  All ordinances and orders of the city may be proved by the signature of the City Clerk, and when the ordinances are placed in a printed composite index or code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of the ordinance.

                         

Statutory Reference:

     Enactment of ordinances, KRS 83A.060

Cross reference:

     Rules of procedure, § 20.255

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CHAPTER 30:  GARBAGE COLLECTION

§ 30.001  RECYCLING PROGRAM AUTHORIZED

     (A)     The Mayor is authorized to contract with a single entity for the collection of recyclable material within the city limits.  The collection of recyclable materials is to be at locations specified by the city.  The city shall specify what materials are to be deemed recyclable which may include newsprint, plastic, aluminum containers, glass and other materials so specified.

     (B)     Anyone who deposits materials specified as recyclable at locations designated by the city's authorized agent for pickup shall be deemed to have conveyed title of the materials to the city.  Only materials specified as recyclable by the city will be collected.  No person shall deposit materials other than recyclable materials for pickup by the city's authorized agent.

     (C)     No person shall remove any recyclable materials that have been deposited for pickup as part of the city's recycling program without the consent of the city.

(Ord. No. 2-1990, 4-9-90)

                         

Cross reference:

     Penalty for violation, § 30.999

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§ 30.999  PENALTY

     Any person or other entity violating § 30.002 shall be guilty of a violation and subject to a fine of fifty ($50.00) dollars.  Each unauthorized removal of recyclable material shall constitute a separate violation.

(Ord. No. 2-1990, 4-9-90)

                         

Cross reference:

     Penalty where no other penalty provided for violation, § 10.999

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CHAPTER 40:  MOTOR VEHICLE REGULATIONS

ARTICLE I.  GENERAL PROVISIONS

§ 40.001  DEFINITIONS

     As used in this chapter, the following terms shall have these following meanings ascribed to them, unless the context clearly requires a different meaning:

     "BOAT."  All agencies for the transportation of persons or property in or on water.

     "BUS."  Any self-propelled motor vehicle built on a chassis/substructure designed primarily for commercial passenger transportation (notwithstanding the current use of the vehicle).

     "CAMPER."  A unit mounted on top of a vehicle designed for recreational use in conjunction with camping but which is not itself a vehicle.

     "CAMPING TRAILER."  Any housetrailer less than twenty-five (25') feet in length including a trailer which may be expanded for camping purposes.

     "CONSTRUCTION VEHICLE."  Construction equipment primarily used only on site of construction and which is not practical for the transportation of persons or property upon the public ways.

     "DISABLED VEHICLE."  A vehicle which, by mechanical or other malfunction, has been unable to function as intended for a period of four (4) consecutive days.

     "EMERGENCY VEHICLE."  A vehicle owned or operated by a government agency and used for police protection, fire protection, emergency medical service or a similar governmental function.

     "MOBILE HOME."  A transportable, single family dwelling, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, by placement on blocks, foundation or similar construction.   "MOBILE HOME", as defined herein, is used for non-transient residential purposes, and constructed with the same, or similar electrical, plumbing and sanitary facilities as immobile housing.

     "MOPED."  A pedal bicycle with a helper motor rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour.

     "MOTOR COACH."  Any vehicle used, or maintained for use, as a conveyance upon highways, designed and constructed to permit occupancy for a temporary dwelling or a sleeping place for one or more persons, or for the conduct of a business, profession, occupation or trade.  A "MOTOR COACH", as defined herein, has no other foundation than wheels or jacks, and is not being used in one location as a permanent dwelling.

     "MOTORCYCLE."  Any motor vehicle having a seat or saddle for the use of the operator and designed to travel no more than three (3) wheels in contact with the ground.  "MOTORCYCLE" does not include "MOPED", as defined in (I) above.

     "MOTOR TRUCK."  Any motor vehicle designed for carrying freight or merchandise.  It shall not include self-propelled vehicles designed primarily for passenger transportation.

     "MOTOR VEHICLE."  All vehicles which are propelled with other than muscular power.

     "OFF-ROAD VEHICLE."  A motor vehicle capable of cross-country travel, without the benefit of a road or trail.  It does not include a farm vehicle or a construction vehicle.

     "PUBLIC WAY."  Any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them situated within the city.

     "RECREATIONAL VEHICLE."  A vehicle primarily designated as temporary living quarters for recreation, camping or travel use, whether it is a motor vehicle, trailer, semi-trailer, housetrailer, camping trailer, camper or mobile home.

     "SEMI-TRAILER."  Any vehicle designed for carrying persons or property, drawn by a motor vehicle and constructed so that some part of its weight and its load rests upon or is carried by another vehicle.

     "TRAILER."  Any vehicle designed for carrying persons or property, drawn by a motor vehicle and being constructed so that no part of its weight or load rests upon the towing vehicle.

     "TRUCKTRACTOR."  Any motor truck designed to draw and support a semi-trailer.

     "VEHICLE."  Includes all agencies for the transportation of persons or property over or upon the public highways of the Commonwealth and all vehicles passing over or upon the highways.  "MOTOR VEHICLE."  Includes all vehicles, as defined above except, road rollers; road graders; farm tractors; vehicles on which power shovels are mounted; construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways; vehicles that travel exclusively upon rails; vehicles propelled by electric power obtained from overhead wires while being operated within any municipality or where the vehicles do not travel more than five (5) miles beyond the city limits of any municipality; and vehicles propelled by muscular power.

(KRS 189.010(19))

(Ord. No. 2-2001, 7-9-01)

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§ 40.002  VEHICLE WEIGHT LIMITS

     (A)     No person shall operate on any public way any motor vehicle which exceeds twenty-one thousand (21,000) pounds gross weight, including the load.

     (B)     This section shall not extend to any moving vans, garbage trucks, vehicles conveying children to and from school, or authorized construction vehicles, or recreational vehicles for which a permit has been obtained pursuant to § 40.102(B). Any other motor vehicle entering the city for purposes of delivering goods, merchandise or other property or service to residents of the city is limited to six (6) hours in a seven (7) day period.

     (C)     The Mayor shall erect or cause to be erected signs indicating weight limitations described in this section at appropriate locations in the city.

(Ord. No. 10-74, 8-26-74; Amd. Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 2-2002, 2-11-02; Amd. Ord. No. 7-2004, 10-11-04))

                         

Cross reference:

     Penalty for violations, § 40.999(A)

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ARTICLE II.  PARKING

§ 40.100  OVERNIGHT PARKING RESTRICTED

     No person shall park any vehicle, other than an emergency vehicle, for more than three (3) consecutive nights on any public way in front of or near any home, apartment or dwelling within the city.  Additionally, no person shall park any vehicle, other than an emergency vehicle, on any grassy area or unimproved surface of any home, apartment or dwelling within the city between the hours of 12:00 a.m. and 6:00 a.m.  A moratorium not to exceed seven (7) days may be obtained by individual homeowners at the Douglass Hills City Hall upon written request showing temporary conditions which would necessitate same (i.e. paving driveway).

(Ord. No. 9-1976,  -  -  ; Amd. Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 8-1998, 11-9-98)

                         

Cross reference:

     Penalty for violation, § 40.999(B)

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§ 40.101  PARKING OF TRUCKS, ETC. RESTRICTED; EXCEPTIONS

     (A)     No person shall park any semi-trailer or trucktractor, bus, or motor coach on any public way or on any parking lot in the city for more than three (3) hours except for semi-trailers and trucktractors from which or into which household goods are being loaded or unloaded as part of a resident moving into or out of a dwelling or delivering goods, merchandise or other property or service to a resident of the city. In instances where providing the service takes longer than three (3) hours to finish, the providing vehicle shall leave the city immediately upon completion of the job for which it entered the city.

     (B)     Notwithstanding the provisions of subsection (A), a semi-trailer or trucktractor may be parked in excess of three (3) hours when unloading or loading household goods of a resident moving into or out of a dwelling, or when delivering goods, merchandise, or other property or service to any resident.

(Ord. No. 5-1980, 4-3-80; Amd. Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 2-2001, 7-9-01; Am. Ord. 2-2004, 2-9-04)

                         

Cross reference:

     Penalty for violation, § 40.999(C)

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§ 40.102  PARKING OF CERTAIN VEHICLES RESTRICTED; EXCEPTIONS; PERMIT

     (A)     Parking restrictions. For those sections of the City which have been or are being developed primarily as a residential area, nothwithstanding the provisions of § 40.101, no person shall park a motor vehicle exceeding eight (8) feet eight (8) inches in overall width or twenty-two (22) feet in overall length or eight (8) feet in overall height or having more than two (2) axles, on any public or private property within the city unless it is enclosed within a garage or other structure and is not occupied as a dwelling or sleeping place, or a permit has been obtained from the city pursuant to subsection (B).

     (B)     Parking by property owner for longer period allowed, permit.  Notwithstanding the provisions of subsection (A), a person may park a boat, trailer, or recreational vehicle for a period not to exceed forty-eight (48) hours in the driveway of his dwelling for the purpose of loading, unloading, cleaning, repairing or servicing the recreational vehicle provided the owner has obtained a permit for that purpose. 

          (1)     The recreational vehicle owner shall execute an application for a permit, and he shall state, on the application, that the permit will be used solely for the purposes set out in this subsection.  After receiving a completed application, the City Clerk shall issue a permit to the owner.  The permit shall be displayed prominently upon the recreational vehicle. 

          (2)     Permits issued pursuant to this subsection may be renewed one (1) time for an additional forty-eight (48) hour period, but may not be further renewed. 

          (3)     A new permit may not be issued pursuant to this subsection within one (1) week of the issuance of the previous permit except in the event of an emergency situation creating likelihood of injury to persons or property. 

     (C)     Parking for guest of resident allowed, permit.  Notwithstanding the provisions of subsection (A), a recreational vehicle owned by a person who is guest of resident may be parked for a period not to exceed seventy-two (72) hours in the driveway of the residence where the recreational vehicle owner is a guest if the resident obtains a permit for that purpose. 

          (1)     The resident shall execute an application stating that the permit will be used exclusively for the parking of a recreational vehicle for use by his guest.  The permit shall be displayed prominently on the recreational vehicle.

          (2)     Permits issued pursuant to this subsection may be renewed for additional periods of seventy-two (72) hours each, not to exceed three (3) renewals.

(Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 1-1983, 4-14-83; Amd. Ord. No. 2-2004, 2-9-04)

                         

Cross reference:

     Penalty for violation, § 40.999(D)

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§ 40.103  SCHEDULE OF STREETS WITH NO PARKING

     (A)     Parking shall not be allowed on the following streets or parts of streets:

Table 40.103
STREETS WITH NO PARKING

Street	Side	Extent
Burnley Road	Both	Within 100 feet of its intersection with Gatehouse Lane
Burnley Road	Both	Within 200 feet of its intersection with Shelbyville Road
Burnsdale Road	Both	Within 200 feet of its intersection with Shelbyville Road
Burnsdale Road	Both	Within 100 feet of its intersection with Gatehouse Lane
Gatehouse Lane	Both	Within 100 feet of its intersection with Burnley Road
Gatehouse Lane	Both	Within 100 feet of its intersection with Burnsdale Road
Helmsdale	North	No stopping or parking
Tattenham	North	No stopping or parking

     (B)     No parking signs shall be place on Gatehouse Lane around the perimeter of Crosby Middle School beginning at a point across the street from 208 Gatehouse Lane and continuing to the end of the school property line which is across the street from 402 Gatehouse Lane. The signs shall replace current signs reading “NO PARKING ON GRASS.”

(Ord. No. 2-1976, 1-5-76; Amd. Ord. No. 18-1976, 10-12-76; Amd. Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 1-2004, 1-12-04; Amd. Ord. No. 4-2006, 10-9-06)

                         

Cross reference:

     Penalty for violation, § 40.999(D)

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ARTICLE III.  TRAFFIC SCHEDULES

§ 40.200  SCHEDULE OF STREETS WITH SPEED LIMITS

     (A)     The following streets or parts of streets shall have speed limits as follows:

Table 40.200
SPEED LIMITS

Street                    Extent                         Speed Limit

Gatehouse Lane          From Finchley Road left to      20 m.p.h. (From last Saturday

                    Helmsdale Lane               in May through Labor Day)

Running Creek Road     From Thorpe to Bruner Hill          20 m.p.h.

     (B)     The speed limit on all other streets in the city is 25 m.p.h.

(Ord. No. 3-1979, 5-14-79; Amd. Ord. No. 7-1981, 6-8-91; Amd. Ord. No. 3-2007, 6-29-07)

                         

Cross reference:

     Penalty for violation, § 40.999(E)

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§ 40.201  SCHEDULE OF STREETS WITH CROSSWALKS

     (A)     The following streets shall have crosswalks located on them as follows:

Table 40.201(A) CROSSWALKS
Street	Location
Gatehouse Lane	From the two driveways and walkway entrance to the entrance of the Swim and Racquet Club

     (B)     The area on Gatehouse Lane as set out in subsection (A) shall be striped and designated with signs as a pedestrian right-of-way from the last Saturday in May through Labor Day.

(Ord. No. 3-1979, 5-14-79; Amd. Ord. No. 7-1981, 6-8-81)

                         

Cross reference:

     Penalty for violation, § 40.999(E)

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§ 40.999  PENALTY

     Anyone violating the provisions of this chapter shall be guilty of a violation, and upon conviction thereof, shall be subject to fines as follows:

     (A)     For a violation of § 40.002, the violator shall be fined ten cents (10) per pound for each pound of excess weight but no more than one hundred ($100.00) dollars for each violation.

     (B)     For a violation of § 40.100, the violator shall be subject to a fine of not less than ten ($10.00) dollars nor more than twenty ($20.00) dollars for each violation.

     (C)     For a violation of § 40.101 the violator shall be subject to a fine of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars for each violation.

     (D)     For a violation of § 40.102 or § 40.103, the violator shall be subject to a fine of not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars for each violation.

     (E)     For a violation of § 40.200 or § 40.201, the violator shall be subject to a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) for each violation.

(Ord. No. 10-74, 8-26-74; Amd. Ord. No. 2-1976, 1-5-76; Amd. Ord. No. 9-1976,  -  -  ; Amd. Ord. No. 18-1976, 10-12-76; Amd. Ord. No. 3-1979, 5-14-79; Amd. Ord. No. 5-1980, 4-3-80; Amd. Ord. No. 7-1981, 6-8-81; Amd. Ord. No. 1-1983, 4-14-83)

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CHAPTER 50:  NUISANCES

§ 50.001  GRASS, WEEDS, OBNOXIOUS GROWTH

     All owners of any property located within city limits shall be required to keep mowed or cut at no more than six (6) inches in height all obnoxious weeds, grass and other types of undesirable vegetation.

(Ord. No. 8-1975,  -  -  )

                         

Cross reference:

     Penalty for violation, § 50.999

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§ 50.002  PROPERTY TO BE KEPT CLEAR OF DEBRIS

     All property owners of property located within city limits shall remove, and keep removed, from the property all discarded automobiles, refrigerators, dead trees or any other type of undesirable debris which could tend to cause unhealthy, unsightly, or menacing conditions.

(Ord. No. 8-1975,  -  - )

                         

Cross reference:

     Penalty for violation, § 50.999

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§ 50.003  ABATEMENT; NOTICE REQUIRED

     (A)     Except as set out in § 50.104, the property owner shall be notified in writing of a violation of this article.

     (B)     The property owner shall have ten (10) days from the receipt of a notice of violation of this article as set out in subsection (A).  If, at the expiration of the ten (10) day notice period, the property owner has failed or refused to comply, the city may elect to have the property mowed or cut, or the debris removed, or both.)

(Ord. No. 8-1975,  -  -75)

                         

Cross reference:

     Penalty for violation, § 50.999

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§ 50.004  ABATEMENT COSTS TO BE ASSESSED; LIEN AUTHORIZED

     If the city must abate a violation of this article as authorized by § 50.102, the city shall assess the owner for the reasonable cost of abatement.  This cost of abatement shall constitute a lien against the property.

(Ord. No. 8-1975,  -  -  )

                         

Cross reference:

     Penalty for violation, § 50.999

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§ 50.005  ONE NOTICE PER SEASON REQUIRED; EXCEPTIONS

     In accordance with § 50.102, a property owner shall be entitled to only one (1) notice for violations of this article per growing season.  For any subsequent offense, the city may elect its remedy under § 50.102 - 50.103 without notice, provided that the property owner shall be notified by summons should the city seek to impose a fine or penalty under § 50.999.

(Ord. No. 8-1975,  -  -  )

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§ 50.999  PENALTY

     (A)     In addition to the remedies set out in § 50.103, anyone who violates the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars for each offense.

(Ord. No. 8-1975,  -  -  )

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CHAPTER 60:  BUSINESS LICENSES

§ 60.001  PERMIT REQUIRED

     No person, firm, corporation shall solicit payment for services or material goods or distribute materials within the city limits without first obtaining a permit issued or authorized by the City Council.

(Ord. No. 7-1975, 7-28-75)

                         

Cross reference:

     Permit for alcoholic beverage sales required, Chapter 62

     License required for insurance sold in city, Chapter 63

     Penalty for violation, § 60.999

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§ 60.999  PENALTY

     Any person, firm, corporation violating the provisions of § 60.001 shall be deemed guilty of a violation, and upon conviction thereof, shall be fined not less than five ($5.00) dollars nor more than one hundred ($100.00) dollars for each violation.

(Ord. No. 7-1975, 7-28-95)

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CHAPTER 70:  BUILDING REGULATIONS

ARTICLE I.  BUILDING REGULATIONS

§ 70.001  DEFINITIONS

     For purposes of this article, the following definitions shall apply, unless the context requires a different meaning.

     "BUILDING."  A structure having a roof supported by columns or walls and for the shelter or enclosure of persons, animals, materials or property of any kind.  When separated by a division wall without openings, each portion of building shall be deemed a separate building.

     "STRUCTURE."  Includes anything constructed or erected, the use of which requires location on the ground or its being permanently attached to something having a location on the ground; and includes, but is not limited to, swimming pools, signs, satellite dishes, outbuildings, and poles of a height of fifteen (15) feet or more.

     The terms "STRUCTURE" and "BUILDING" are meant to be used interchangeably throughout this chapter.  Regulations required for one shall be applicable to the other.

(Ord. No. 13-1985, 11-11-85)

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§ 70.002  CERTIFICATION OFFICIAL TO BE DESIGNATED

     The City Council shall, from time to time, designate a certification official to issue certificates of approval under the provisions of this chapter.

                         

Cross reference:

     Procedure for obtaining certificate, § 70.004

     Enforcement, § 70.014

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§ 70.003  CERTIFICATE OF APPROVAL REQUIRED

     (A)     No building or structure within the city shall be constructed or modified externally without the owner first obtaining a certificate of approval from the city.

     (B)     A certificate of approval shall be issued only after an owner has shown that the building or modification of any structure shall comply with all applicable city regulations as provided in this code, or amendments to this code, or as otherwise provided by ordinance.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.004  PROCEDURE FOR OBTAINING CERTIFICATE OF APPROVAL

     (A)     Plans to be submitted.

          (1)     A full set of detailed plans and specifications for the construction of any building or structure, or addition to any existing building or structure, or the wrecking, demolition or removal, by any means, of any building or structure, shall be submitted to the Certification Official prior to any construction and shall include, but not be limited to, excavation, concrete, framing, and any other action or work toward completion of a structure, addition, remodeling or demolition.

          (2)     All plans submitted for certification shall include a drawing or plat plan showing a lot plan, the location of the building on the lot, accurate dimensions of the building and lot, and other information as may be required by the City Council.  All lots shall be properly staked by a competent surveyor.  Although staking is permitted, it does not assure issuance of a certificate of approval.

     (B)     Certification Official to review plans.

          The Certification Official shall consider plans and specifications, as required by subsection (A), to determine if the proposed building will comply with the provisions of this chapter and other ordinances or regulations promulgated by the city.  The Certification Official's review shall not include a review of plans and specifications to determine the sufficiency of the structural design or compliance with the provisions of the Kentucky Building Code.  The issuance of a certificate of approval shall in no way indicate a determination of structural sufficiency or compliance with the Kentucky Building Code.

     (C)     Issuance of certificate of approval authorized.

          If the Certification Official determines that the plans and specifications comply with the provisions of this chapter, he shall issue a certificate of approval according to the following:

          (1)     After the homeowners' association, if applicable, has notified the Certification Official, pursuant to § 70.005, that it does not oppose the issuance of a certificate of approval; or

          (2)     Ten (10) calendar days after the application for a certificate of approval was filed with the city, whichever occurs first.

(Ord. No. 13-1985, 11-11-85)

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§ 70.005  HOMEOWNERS' ASSOCIATION TO REGISTER; NOTIFICATION OF APPLICATION FOR CERTIFICATE REQUIRED

     (A)     Homeowners' association identified with lots or subdivisions located within the city may register with the City Clerk pursuant to this section. 

     (B)     For any area of the city where a homeowners' association has registered, the Certification Official shall, within two (2) business days of the date of an application for a certificate of approval pursuant to § 70.003, notify the homeowners' association representative of the request.  A representative of the homeowners' association may then obtain, from the City Clerk, copies of the documents submitted with the application for a certificate of approval. 

     (C)     The homeowners' association shall promptly act to determine whether it will oppose the construction for which a certificate of approval has been sought.  If the Certification Official determines that the plans and specifications for which a Certificate of Approval is sought are in compliance with the ordinances of the City, he shall issue the Certificate when it has been approved by the homeowners' association or ten (10) calendar days have elapsed since the application for Certificate of Approval was filed with the City, whichever shall occur first.

(Ord. No. 13-1985, 11-11-85)

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§ 70.006  FEES FOR CERTIFICATE OF APPROVAL AUTHORIZED

     Fees payable to the city for certificates of approval shall be as follows:

          Type     Fee

     (A) Single Family Units     $ 115.00

     (B) Multi-Family Units     $0.05 per sq. ft.

     (C) Commercial Units, Office Units and other public or     $0.05 per sq. ft.

          private structures

     (D)  Additions or improvements to single family units     $0.05 per sq. ft.

     (E)  All others     $25.00

(Ord. No. 13-1985, 11-11-85; Amd. Ord. No. 4-1986, 7-7-86; Amd. Ord. No. 7-1998, 10-12-98)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.007  BOND REQUIRED; OFFSET AUTHORIZED

     (A)     Before any certificate of approval is issued, a bond or deposit shall be made to the city by the individual or entity involved in the construction or removal of structure for the purpose of assuring that the applicant abides by all applicable city ordinances.  The amount of the required bond shall be three hundred dollars ($300.00) for a single family unit, two thousand dollars ($2000.00) for each multi-family unit and five cents ($0.05) per square foot (land value only) for commercial, office and other structures built for public use. 

     (B)     In addition to the bond required under the provisions of subsection (A) the person or entity seeking a certificate of approval for commercial development must submit a landscaping plan and a bond equal to fifty percent (50%) of the landscaping amount or a ten percent (10%) cash deposit to be returned after the second growing season.

     (C)     If the city incurs any expenses because an applicant fails to abide with the provisions of this chapter, the city shall recover the costs by offsetting the applicant's deposit.

     (D)     Upon completion of a project and if the project complies with the provisions of this chapter, the deposit made under this section shall be refunded less any offset pursuant to subsection (C) hereof.

(Ord. No. 13-1985, 11-11-85; Amd. Ord. No. 7-1998, 10-12-98)

                         

Cross reference:

     See also penalty, § 70.999

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§ 70.008  CERTIFICATE TO BE POSTED

     The original certificate of approval or a legible copy of the certificate of approval shall be displayed on the premises in a conspicuous location when construction or demolition begins, and shall remain displayed during the entire period of construction or demolition, whichever shall apply.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.009  CERTIFICATE EXPIRATION; RENEWAL AUTHORIZED

     (A)     A certificate of approval shall expire or terminate three (3) months from the date of issue unless a building permit, if required, has been obtained and the construction of authorized improvement(s) has in good faith begun.  If the certificate was issued for wrecking, demolition or removal of a structure or building, the certificate of approval shall expire if a building permit has not been obtained and work has not in good faith begun within thirty (30) days from the date of issue.

     (B)     If construction was begun in accordance with subsection (A), a certificate of approval for any type of building or addition shall terminate twelve (12) months from its date unless the improvement is completed within that time.

     (C)     If the project was begun in accordance with subsection (A), the certificate of approval will continue to be valid if the project is completed within a reasonable time.  A renewal, as set out in subsection (D), may be authorized.

     (D)     A certificate of approval may be renewed as follows:

          (1)     If a written application showing good and reasonable cause why the project has not been completed is made at least ten (10) days before the expiration date of a certificate of approval, the City Council or the Certification Official may, within their discretion, issue a renewal certificate of approval without the payment of an additional fee.  The certificate shall be renewed for a period of no longer than the period of the original certificate.

          (2)     If an application for a renewal certificate is made at the expiration of the certificate or later, a renewal may be approved by the City Council within its discretion.  If approved, a fee equal to the original fee shall be collected.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation § 70.999

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§ 70.010  WORK ON PROJECT AFTER EXPIRATION OF CERTIFICATE PROHIBITED

     It shall be unlawful for any person or firm to construct, in whole or in part, any improvements after a certificate of approval issued pursuant to this chapter has expired.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.011  RESPONSIBILITIES OF CERTIFICATE APPLICANT

     An applicant to whom a certificate of approval is issued shall be subject to the following:

     (A)     An applicant shall be responsible for providing adequate drainage, both during the period of construction and after construction is completed.  He assumes responsibility for assuring the city that water will not be diverted from its natural flow to the detriment of the land(s) surrounding the building or structure for which a certificate of approval has been issued.

     (B)     An applicant shall be responsible for seeing that no debris, waste or rubbish from the project for which a certificate of approval is issued is discarded or abandoned within the city, either during or after the completion of the project.

     (C)     An applicant shall maintain the streets in the vicinity of a project location in a clean condition.  An applicant shall not allow streets to become cluttered or covered with dirt or debris as a result of the activities authorized by a certificate of approval.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.012  STOP WORK ORDER AUTHORIZED; NOTICE REQUIRED

     (A)      Work on any project for which a certificate of approval has been issued in accordance with the provisions of this chapter shall immediately cease in the event of any of the following instances:

          (1)     An applicant violates any provision of this chapter on any project for which a certificate has been issued.

          (2)     An applicant violates any provision of this chapter on any other project.

          (3)     An applicant is performing the work authorized by a certificate of approval in a dangerous or unsafe manner.

          (4)     An applicant's deposit or bond required by § 70.007 is insufficient by reasons of offsets authorized by § 70.007(C).

     (B)     A written notice that work is to cease shall be issued, and shall be given to the owner of the property or his agent who is in a position of authority.  The notice shall state the conditions under which work may be resumed.

(Ord. No. 13-1985, 11-11-85)

                         

Cross reference:

     Penalty for violation, § 70.999

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§ 70.013  VARIANCE AUTHORIZED

     The City Council may allow variances from any provision set out in this chapter if an affected person(s) shows that strict application would not be in the city's best interests or that strict application of the provisions of this chapter would cause a great hardship or impractical result.

(Ord. No. 13-1985, 11-11-85)

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§ 70.014  BUILDING PERMIT MAY BE REQUIRED IN ADDITION TO CERTIFICATE OF APPROVAL

     A certificate of approval issued in accordance with this chapter is required for the construction, modification or renovation of any building or structure located within the city; however, a certificate of approval is not issued in lieu of or as a substitute for a building permit issued by the county or the state.  Where a building permit is required under the statutes or regulations of the state or the county, the applicant must obtain any other permit required in addition to a certificate of approval.

(Ord. No. 13-1985, 11-11-85)

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§ 70.015  ENFORCEMENT

     It shall be the duty of city law enforcement officer(s), the duly authorized Certification Official or the City Clerk to investigate any and all violations of this chapter and to enforce the provisions of this chapter.

(Ord. No. 13-1985, 11-11-85)

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ARTICLE II.  ACCESSORY BUILDINGS AND OTHER IMPROVEMENTS

§ 70.100  DEFINITIONS

     For the purpose of this article the following definitions shall apply:

     "IMPROVEMENT"  An addition made to property amounting to more than repairs or replacement, intended to enhance its value, beauty, or utility, or to adapt it for new or extended purposes.

     "PREFABRICATED STRUCTURE"  A building which has been factory constructed for placement at another location.

     "STRUCTURE"  Includes anything constructed or erected, the use of which requires location on the ground or its being permanently attached to something having a location on the ground.

(Ord. No. 1-2001, 3-12-01)

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§ 70.101  SCOPE

     For those sections of the city which have been or are being developed primarily as a residential area, no building or structure of any type, including fences and decks, shall be erected or placed on any lot until the building plans and specifications showing the location on the lot, style and building materials to be used, have been submitted to and approved, in writing, by the city.  This section addresses exterior construction and additions to the primary structure on a lot. 

     The following structures will not be permitted to be erected in the city following the enactment of this article:

     (A)     Carports

     (B)     Above ground swimming pools

     (C)     Fenced dog runs

     (D)     Sheet metal structures.

(Ord. No. 3-1999, 8-9-99; Amd. Ord. No. 1-2001, 3-12-01)

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§ 70.102  COMPLIANCE WITH OTHER REGULATIONS

     All residential lots shall be used in accordance with easements of record, zoning regulations enacted by the Louisville and Jefferson County Planning Commission and ordinances of Douglass Hills.

(Ord. No. 3-1999, 8-9-99)

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§ 70.103  RESTRICTIONS

     The following restrictions apply to all exterior construction and additions: 

     (A)     The exterior building material of all residences or additions thereto shall be brick aluminum siding, vinyl siding, composition siding, stone, stucco, wood, glass or a combination thereof.  Storage structures may be erected if they are adjacent to a main structure or garage and are built on a concrete foundation or slab within three (3) feet of the primary residence.  Any other improvement not excluded in § 70.101 may be constructed in a rear yard provided the accessory building or improvement is no larger than one hundred fifty (150) sq. ft. and is not placed closer than five (5) feet to the rear lot line, nor closer than two (2) feet to a side lot line.  The accessory building or improvement shall not project into a front or side yard.  Concrete and cinder block may not be used for the exterior surface.

     (B)     Each residential lot shall be permitted one garage which may be attached to the primary residence or set apart from the primary residence as long as same is in compliance with other zoning regulations relating to placement on the lot and building materials.  A standard garage shall be no larger than twenty-four (24) feet by thirty-six (36) feet and shall not exceed one story in height.  It must have a standard overhead garage door and may be built to accommodate up to three (3) vehicles.

     (C)     Fences on corner lots may not extend beyond the side wall on the street side of the house.  Fences may be constructed of materials normally manufactured for use in residential areas.  The finished side of a board fence must face outward.  Fence materials such as chicken wire, above ground electric fences, cement block, and barbed wire typically used in non-residential settings, are prohibited from use as yard structures. 

(Ord. No. -1999, 8-9-99; Amd. Ord. No. 1-2001, 3-12-01)

§ 70.104  EXISTING STRUCTURES

     Currently existing structures are exempt from this article provided a city building permit was properly obtained prior to erecting the structure or the homeowner provides proof to the city within ninety (90) days of the enactment of this article that the structure was in place before this article took effect.

(Ord. No. 3-1999, 8-9-99; Amd. Ord. No. 6-1999, 10-11-99; Amd. Ord. No. 1-2001, 3-12-01)

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§ 70.105  REQUIRED PERMITS

     Prior to any structure which would fall within the provisions of this article the homeowner must submit detailed plans and specifications to the Citation Enforcement Officer of the city.  If the plans are subsequently approved, a building permit or letter of compliance will be issued.  Additional permits for garages and building additions must be obtained from Jefferson County Code Enforcement Division and require a letter of compliance from the city.  Only after all permits have been obtained may construction proceed.

(Ord. No. 3-1999, 8-9-99)

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§ 70.106  DUTIES OF THE CITATION ENFORCEMENT OFFICER

     The city Citation Enforcement Officer, with the assistance of the Property Oversight Committee and officials of other departments of the city and county having jurisdiction is hereby authorized and directed to enforce all the provisions of this article and to review plans and specifications, to conduct inspections and to perform such other services as may be necessary to execute the provisions of this article. 

(Ord. No. 3-1999, 8-9-99; Amd. Ord. No. 6-1999, 10-11-99; Amd. Ord. No. 1-2001, 3-12-01)

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§ 70.107  RIGHT OF ENTRY

     Upon presentation of official credentials, the Citation Enforcement Officer or his/her deputies, may enter during reasonable hours any premises covered by these regulations to perform the duties imposed upon him/her by this article. 

(Ord. No. 3-1999, 8-9-99)

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§ 70.108  STOP ORDERS

     Upon notice from the Citation Enforcement Officer that the use of property is being maintained contrary to the provisions of this article such use shall stop immediately.  The notice shall be in writing and shall be given to the owner of the property or his agent, or the person using the property, and shall state specifically the regulation being violated.  Service shall be in a manner reasonably expected to contact the person or entity who is in violation of the article. 

(Ord. No. 3-1999, 8-9-99)

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§ 70.109  CITATIONS

     Any person or entity who fails to stop use immediately as required by § 70.108 or who violates any provision of this article shall be issued a citation pursuant to the provisions of KRS 100.991.

(Ord. No. 3-1999, 8-9-99)

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§ 70.999  PENALTY

     (A)     Any person, firm or corporation violating any provision of Article I, shall be guilty of a violation and, upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) per violation.  Each day during which a violation continues shall be deemed and construed a separate offense.

     (B)     The failure to construct, erect, maintain, wreck, demolish or remove a structure in accordance with the terms of an approved and issued certificate of approval shall constitute a violation of this section subject to subsection (A).  Each day such a violation continues to exist shall be deemed and construed a separate offense.

     (C)     Any person or entity who violates (Article II) or any order of the citation Enforcement Officer issued pursuant to Article II shall be fined not less than fifty dollars ($50.00) but not more than one hundred dollars ($100.00) for each violation.  Each day of continued violation shall constitute a separate offense.  All penalties to be paid to the city. 

(Ord. No. 13-1985, 11-11-85; Ord. No. 6-1999, 10-11-99)

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CHAPTER 80:  ZONING CODE

ARTICLE I.  GENERAL PROVISIONS

§ 80.001  ADOPTION OF COMPREHENSIVE PLAN BY REFERENCE

     (A)     The Statement of Goals, Objectives, Principles, Policies, and Standards embodied in the "Principles" section of the comprehensive plan entitled "Guided Growth and Redevelopment for Louisville and Jefferson County" as developed by the Jefferson County Planning Commission, and any amendments to the statement, are hereby adopted by reference as if fully set out herein.

     (B)     The Comprehensive Plan entitled "Guided Growth and Redevelopment for Louisville and Jefferson County," and any amendments to the plan, as developed by the Jefferson County Planning Commission in accordance with the Statement of Goals, Objectives, Principles, Policies and Standards set out in subsection (A) is hereby adopted by reference as if fully set out herein.

     (C)     A copy of the statement and plan are on file in the office of the City Clerk.

(Ord. No. 11-1980, 7-14-80; Am. Ord. No. 1-2000, 1-10-00)

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§ 80.002  ADOPTION OF DEVELOPMENT CODE BY REFERENCE

     (A)     The Development Code, including the Zoning District Regulations, and the Metropolitan Subdivision Regulations as developed by the Louisville and Jefferson County Planning Commission in accordance with the Comprehensive Plan is hereby adopted by reference as if fully set out herein.

     (B)     The Development Code shall be the zoning regulations of the city, except as otherwise provided by this chapter.

     (C)     Excepted from adoption are those amendments included in Zoning District Regulation docket numbers 9-92-97, 9-44-88 and 9-58-88.

     (D)     A copy of the Development Code, including Zoning and Subdivision Regulations, is on file in the office of City Clerk.

(Ord. No. 12-1980, 8-11-80; Amd. Ord. No. 1-1988, 2-8-88; Amd. Ord. No. 1-1989, 4-10-89; Amd. Ord. No. 5-1990, 8-13-90; 1990 code; Amd. Ord. No. 1-1998, 3-9-98; Amd. Ord. No. 7-2000, 11-13-00; Amd. Ord. No. 6-2001, 9-10-01; Amd. Ord. No. 1-2003, 3-10-03)

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§ 80.003  EXCEPTIONS TO ZONING REGULATIONS; SQUARE FOOTAGE RESTRICTIONS

          On all lots in those portions of the City zoned for single-family dwellings, the floor area shall be the following minimum square footage which shall be computed with reference only to the portions of the house designed for human habitation and the computation shall not include porches, garages or similar portions of the house:

          Type/Location               Minimum Square Feet

     (A)  One-story house

          Douglass Hills Proper                 1,750

          Plainview Place Subdivision            1,550

          Douglass Hills East                      1,500

          Douglass Hills Estates                1,500

          Other undeveloped sections zoned
              as residential                     1,750

     (B)  First floor area of a two story house     

               All portions of the City                 1,000

     (C)  First floor area of a one-and-a-half story house

          Douglass Hills Proper                1,200

          Douglass Hills East                     1,100

          Douglass Hills Estates                1,100

          Plainview Place Subdivision           1,100

          Other undeveloped sections zoned
              as residential                     1,200

     (D)  Total floor area of a tri-level house

          Douglas Hills Proper                1,800

          Douglass Hills East                     1,800

          Plainview Place Subdivision           1,800

          Douglass Hills Estates                1,800

          Other undeveloped sections zoned
              as residential                     1,800

     (E)  All other types of houses

          Douglass Hills Proper                1,900

          Douglass Hills East                     1,650

          Plainview Place Subdivision           1,650

          Douglass Hills Estates                1,650

          Other undeveloped sections zoned
              as residential                     1,900

     (F)     Lot size

          Undeveloped sections zoned as
             single-family residential                10,000

     (G)     The City Council may allow variances from this section upon a sufficient showing by the applicant for the building permit that strict application of the minimum square footage would render it impracticable to the single-family dwelling on the lot that is the subject of the owned lot prior to enactment of this requirement.

(Ord. No. 1-1979,  -  -79; Amd. Ord. No. 1-1987, 5-11-87; Amd. Ord. No. 1-1994, -  -  ; Amd. Ord. No. 4-1994, 6-13-94; Amd. Ord. No. 1-2002, 3-11-02)

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ARTICLE II.  ZONING PROCEDURES

§ 80.100  CLERK TO LOG ENTRY FOR ZONING MATTER

     (A)     The City Clerk shall receive the record of a zoning matter submitted to the Louisville and Jefferson County Planning Commission, hereinafter called "Planning Commission." The record shall include the staff report, transcript of evidence at the commission's public hearing and the minutes of the commission meeting containing its recommendation concerning any zoning matter, hereinafter called "recommendation".  The City Clerk shall enter the matter in a docket book kept by the City Clerk for zoning matters only.  Entries shall be made as the matter progresses and shall show the following:

          (1)     Name of the applicant and Planning Commission docket number;

          (2)     Date the Planning Commission's recommendation was received;

          (3)     Date that a copy of the Planning Commission's recommendation was sent by the City Clerk to each member of the City Council, the Mayor and the City Attorney;

          (4)     A brief description of the location of the property; and

          (5)     All subsequent proceedings.

     (B)     The City Clerk shall promptly notify the Mayor of any zoning matter received and recorded in accordance with subsection (A).

(Ord. No. 2-1985, 4-18-85)

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§ 80.101  ZONING COMMITTEE APPOINTED; RECOMMENDATIONS

     For any zoning matter received in accordance with § 80.100, the Mayor shall appoint an ad hoc zoning committee consisting of a Councilmember who shall serve as chairman and two (2) other councilmembers.  The zoning matter shall be referred to the Zoning Committee and the committee shall, before the next meeting of the City Council, review the Planning Commission's recommendation.

     (B)     After its review and at the next meeting of City Council, the Zoning Committee shall recommend to the council as follows:

          (1)     To approve the Planning Commission's recommendation;

          (2)     To approve the Planning Commission's recommendation with modifications;

          (3)     To override the Planning Commission's recommendation; or

          (4)     To refer the matter back to the Planning Commission for further action.

     (C)     If the recommendation of the Zoning Committee pursuant to subsection (B) involves an amendment to the zoning map, the committee chairman shall direct the City Attorney to draft an ordinance accordingly. If the Committee's recommendation is to deny a map amendment, the chairman will request the City Attorney to draft an order accordingly.

(Ord. No. 2-1985, 4-18-85)

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§ 80.102  COUNCIL TO DECIDE ON ZONING MATTERS; HEARING AUTHORIZED

     (A)     As set out in § 80.101, if the Zoning Committee's recommendation is to grant a map amendment, an ordinance providing for the amendment shall receive its first reading at the Council meeting at which the Committee makes its recommendation.

     (B)     After receiving the Committee's recommendation, the City Council may elect to act on the zoning matter at a subsequent meeting of the City Council without holding a public hearing or with only an argument-type hearing.  In this case no additional evidence will be considered or received by the Council.  The City Council may accept the Planning Commission's recommendation or it may determine, from the Planning Commission record adjudicative facts which differ from the Planning Commission's findings.  In the event the Council finds facts which differ, the Council may elect not to follow the Planning Commission's recommendation.

     (C)     In extraordinary cases, the City Council may elect to hold its own trial-type hearing, and make findings of adjudicative facts based upon the evidence received at the hearing.  The City Council shall, on evidence received at its hearing, base its decision to accept, override or modify the Planning Commission's recommendation, or to return the matter to the Planning Commission for further action.

(Ord. No. 2-1985, 4-18-95)

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§ 80.103  HEARING PROCEDURE

     (A)     The City Council shall give notice of the date, time and place of a trial-type hearing held pursuant to § 80.102 to each attorney and person who entered their appearance when the matter was before the Planning Commission.  The notice shall be mailed not less than seven (7) days before the public hearing.

     (B)     An accurate record of the public hearing shall be mechanically or stenographically made, at the applicant's cost.

     (C)     Witnesses who testify at the public hearing shall be subject to proper cross-examination by other interested parties.

     (D)     The Mayor, with the assistance of the City Attorney, shall preside over the hearing, and shall determine a procedure, designed to permit a full and orderly presentation of the evidence in accordance with due process requirements, to be followed.

(Ord. No. 2-1985, 4-18-95)

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§ 80.104  EVIDENCE WHICH MAY BE CONSIDERED

     Except the evidence presented at a public hearing pursuant to § 80.102, the City Council shall not consider additional evidence including, but not limited to exhibits, petitions, letters, or personal contacts in reaching a decision on any zoning matter. The City Council may, however, permit supplemental documentary evidence such as plats and plans to be filed, provided the opposing party may file evidence in rebuttal of the supplemental evidence.

(Ord. No. 2-1985, 4-18-85)

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§ 80.105  ZONING ACTION BASED ON PLANNING COMMISSION RECOMMENDATION; EXCEPTIONS

     (A)     Action by the City Council in zoning matters shall be based upon either:

          (1)     The record of the Planning Commission, including the staff report and transcript of evidence before the Commission at its public hearing; or

          (2)     Evidence received at a public hearing held by the City Council.

     (B)     If the City Council returns the matter to the Planning Commission for further recommendation or other action, it shall:

          (1)     Set forth in writing the specific reasons for returning the matter to the Commission; and

          (2)     Advise the Commission of the type of further action the Council desires the Commission to take.

     (C)     It shall take a majority vote of the entire City Council to override the recommendation of the Planning Commission.

(Ord. No. 2-1985, 4-18-85)

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§ 80.106  ETHICAL CONDUCT REQUIRED

     Members of the City Council shall not permit personal contacts by persons interested in zoning matters for the purpose of discussing or influencing the outcome of any zoning matter before the City Council for consideration.

(Ord. No. 2-1985, 4-18-85)

                         

Cross reference:

     Ethical conduct, Chapter 26

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TABLE 1:  SUPERSEDED OR REPEALED ORDINANCES

     The following ordinances (by number and date) have been superseded or repealed by ordinance or superseded by changes in the Kentucky Revised Statutes:

Ordinance No.	Date	Subject	Reason/ Ord. No.
1-1973	6-27-73	Time and place of trustee meetings	4-1973
4-1973	11-26-73	Time and place of trustee meetings	11-1974
6-1974	5-30-74	Weeds, high grasses, undesirable vegetation and debris	8-1975
7-1974	5-30-74	Motor vehicle regulations	8-1978
11-1974	8-26-74	Time and place of trustee meetings	1-1976
3-1975	5-16-75	Carrying concealed weapons	3-1977
12-1976	4-12-76	Restricting use of property	11-1980
4-1977	10-10-77	Building permits, regulations	2-1978
5-1977	10-10-77	Deed restrictions	2-1978
2-1978	3-13-78	Residential building restrictions	6-1978
3-1978	3-13-78	Building permit procedure	7-1978
4-1978	- -	Building and zoning	6-1978
5-1978	- -	Building and zoning	7-1978
6-1978	5-22-78	Building restrictions	1-1979
7-1978	5-22-78	Building permits, inspections, plan review	2-1979
1-1979	5-14-79	Residential building restrictions	11-1980
2-1979	5-14-79	Building permits, inspections, plan review	13-1985
6-1981	10-14-96	Administration of municipal government	5-1996
2-1991	10-14-96	Raising salary of mayor	5-1996
3-1994	10-14-96	Adoption interlocal agreement for Jefferson County League of Cities Cable Commission	5-1996

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REFERENCES TO KENTUCKY REVISED STATUTES

KRS SECTION	CODE SECTION
6.955 to 6.975	23.004
41.240(4)	23.005
42.450 - 42.495	23.004
Chapter 61	20.251
61.805-61.850	25.105
61.805(1)	25.001
61.805(2)	25.001
61.805(3)	25.001
61.805(4)	25.001
61.805(5)	25.001
61.810	26.405
61.815	25.101
61.820	25.102, 25.104
61.823	25.103, 25.104
61.826	25.104
61.846	25.105
61.848	25.105
61.870	24.001
61.872 - 61.884	26.104
61.872(1)	24.100
61.872(2)	24.100
61.872(3)	24.100
61.872(4)	24.101
61.872(5)	24.102
61.872(6)	24.103
61.874(5)	24.100
61.874(6)	24.100
61.878	24.001, 24.107
61.880 - 61.882	24.104
61.880	24.104
61.880(1)	24.107
61.882	24.104
61.884	24.106, 26.409
76.170	31.001
82.400(3)	41.011
Chapter 83A	20.001
83A.010(6)	10.002
83A.010 (7)	10.002
83A.010(8)	10.002
83A.010(9)	10.002
83A.010(10)	10.002
83A.010(11)	10.002
83A.020	20.001
83A.030	20.001, 20.200
83A.040(1)	20.101 - 20.103
83A.040(2)	20.104
83A.040(4)	20.201 - 20.203
83A.040(6)	20.104, 20.204
83A.040(7)	20.105, 20.205
83A.040(9)	20.206
83A.043	20.002
83A.045	20.002
83A.045(2)	20.002
83A.045(2)(b)(6)	20.002
83A.060	20.253, 20.256, 20.255
83A.060(15)	20.207
83A.065	10.002
83A.070	20.004, 20.208
83A.070 (2)	20.208
83A.070(3)	20.208
83A.080	Chapter 21
83A.130	20.001, 20.208, 20.251
83A.130(5)	20.252
83A.130(7)	20.107
83A.130(10)	20.104
83A.170	20.100, 20.200
83A.175(2) - (6)	20.002
91A.010 (6)	23.001
91A.010 (7)	23.001
91A.010(8)	10.002
91A.020	23.002
91A.030	23.003
91A.040	23.004
91A.060	23.005
91A.080	63.003
91A.210-270	41.012
Chapter 97	22.001
97.110 - 97.240	22.001
Chapter 116 - 121	20.002
Chapter 118	20.002
Chapter 154	24.107
189.010(19)	40.001
241.010	62.002
Chapter 243	62.002, 62.005
Chapter 244	62.002
244.290(4)	62.005
Chapter 424	23.004
424.120	23.004
424.220	23.004
Chapter 446	62.002
446.010	10.010
446.010(1)	10.002
446.010(7)	10.002
446.010(8)	10.002
446.010(11)	10.002
446.010(13)	10.002
446.010(14)	10.002
446.010(18)	10.002
446.010(20)	10.002
446.010(21)	10.002
446.010(22)	10.002
446.010(24)	10.002
446.010(25)	10.002
446.010(27)	10.002
446.010(29)	10.002
446.010(33)	10.002
446.010(38)	10.002
446.020(1)	10.003
446.020(2)	10.003
446.060(1)	10.004
446.080(3)	10.003
446.080(4)	10.003
446.090	10.005
446.110	10.006
532.090(1)	10.002
534.040(2)(a)	10.002
534.040(2)(c)	10.002

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