TITLE IX:  GENERAL REGULATIONS

 

                    Chapter

 

                              90.  ANIMALS

 

                              91.  STREETS AND SIDEWALKS

 

                              92.  NUISANCES

 

                              93.  FIREWORKS; FIRE PREVENTION

 

                              94.  LITTERING

 

                              95.  FAIR HOUSING

 

                              96.  PARK REGULATIONS

 

                              97.  SIGNS; POLITICAL CAMPAIGNS

 

                              98.  EMERGENCY MANAGEMENT

 

          CHAPTER 90:  ANIMALS    

  

Section

 

  General Provisions

        

     90.01  Keeping fowl or poultry prohibited

     90.02  Noisy animals

     90.03  Confinement of animals

     90.04  Confinement and control of dogs at all times

     90.05  Confinement and control of animals in heat

     90.06  Public nuisance

     90.07  Animal care

     90.08  Animal waste

 

  Vicious Animals

 

     90.15  Definitions

     90.16  Confinement of vicious animals required

     90.17  Leash and muzzle required when animal is off premises

     90.18  Warning sign required

     90.19  Public liability insurance required

 

     90.99  Penalty

 

§ 90.01  KEEPING POULTRY OR SWINE PROHIBITED.

 

    (A)    It shall be unlawful for any person to keep or harbor any poultry or swine.

 

    (B)    Definitions.  For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

           “POULTRY.”  Includes domestic fowls which are typically raised for flesh and/or eggs.  For the purposes of this section poultry shall be defined to include, but is not limited to, any chicken, turkey, ducks, geese, peasants, guineas, peacocks, or other fowl typically raised for flesh and/or eggs, whether or not the particular poultry in question is in fact raised for said purposes.  Poultry as defined by this chapter, shall include any of the aforesaid fowl which are kept as domestic pets.

 

           “SWINE.”  Includes any of the ungulate mammals of the family Suidae, which shall include, but is not limited to, pigs, hogs and boars.

('78 Code, § 3-l)  (Am. Ord. 07-15, passed 4-9-07)  Penalty, see § 90.99

 

§ 90.02  NOISY ANIMALS.

 

    (A)    For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

        (l)    "EXCESSIVE BARKING" or "EXCESSIVE NOISE."  Any barking or noise greater than that normally associated with the average dog or animal which has been well treated.

 

        (2)    "PUBLIC."  Two or more persons.

 

    (B)    Any person owning, keeping, or having the control over any dog or other animal shall not permit the dog or other animal to become a public nuisance by excessively barking or by otherwise making sufficient noise so as to unreasonably disturb the peace of the public.

 

    (C)    Any person violating this section shall be guilty of a violation punishable under § 90.99, and shall also be considered to be harboring and creating a public nuisance which may be abated in accordance with § 92.04.

('78 Code, § 3-5)(Ord., passed 9-11-74)  Penalty, see § 90.99

 

 

§ 90.03  CONFINEMENT OF ANIMALS.

 

    (A)    Complaints.  Any person who has been attacked by an animal, who has been put in reasonable fear of an attack by an animal, or whose real or personal property has been injured or damaged by an animal, or anyone representing such person, may make a complaint before the judge of the District Court of Carrollton County charging the owner or keeper of such animal with harboring a vicious, dangerous, or destructive animal, as the case may be.

 

    (B)    Service of complaint.  A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed therein.

 

    (C)    Confinement order.  If the person so charged fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses the court finds the person so charged is the owner or keeper of the animal in question and that the animal has viciously and without cause attacked a human being when off the premises of the owner or keeper, or that the animal has injured or damaged the real or personal property of a person other than its owner or keeper, then the person so charged shall be required to henceforth keep the animal securely confined and restrained at all times.

KRS 258.235(5)(a)

 

    (D)    Violations of orders.  It shall be unlawful for the owner or keeper of any such animal, after receiving such a confinement order, to permit the animal to run at large at any time or to appear on the public streets and sidewalks of the city unless in leash.

(KRS 258.235(7))('78 Code, § 3-2)(Ord., passed 7-l-70; Am. Ord., passed 2-8-78)  Penalty, see § 90.99

 

§ 90.04  CONFINEMENT AND CONTROL OF ANIMALS AT NIGHT.

 

    (A)    An owner shall exercise proper care and control of his or her dog to prevent the dog from violating any local government nuisance ordinance.

 

    (B)    Any peace officer may destroy any dog found running at all times and unaccompanied and not under the control of its owner or handler.  A peace officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large at all times is a hound or other hunting dog which has become lost temporarily from a pack or wandered from immediate control of its owner, or handler, and if he or she is reasonably sure that the dog is a hunting dog, then he or she shall not destroy the dog, unless it is found in the act of pursuing, worrying, or wounding livestock, wounding or killing poultry, or attacking human beings.

(KRS 258.265)('78 Code, § 3-4)

 

    (C) A hound or hunting dog may be unrestrained when engaged in lawful hunting activities while on private or public property designated or authorized for that purpose.

 

    (D)    Any animal found in violation of this section may be picked up or destroyed by the County Dog Warden.  Animals not destroyed may be released to the owner only upon a proper showing of ownership, possession of a current dog license (in the case of dogs), and the payment of any required fee to the county.  (Ord., passed 5-14-86; Am. Ord. 92-28, passed 9-9-92) Penalty, see § 90.99

 

§ 90.05  CONFINEMENT AND CONTROL OF ANIMALS IN HEAT.

 

    Every female dog in heat shall be confined in a building or secure enclosure in such a manner that the female dog cannot come in contact with a male dog except for a planned breeding.

(KRS 258.255)('78 Code, § 3-3)  Penalty, see § 90.99

 

§ 90.06  PUBLIC NUISANCE.

 

    Any dog or dogs that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property shall be deemed a public nuisance.  The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

 

    (A)    Is repeatedly found at large;

 

    (B)    Damages the property of anyone other than its owner;

 

    (C)    Molests or intimidates pedestrians or passersby;

 

    (D)    Chases vehicles;

 

    (E)    Excessively makes disturbing noises, including, but not limited to, continues and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

 

    (F)    Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

 

    (G)    Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

 

    (H)    Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or

 

    (I)    Attacks other domestic animals.

(Ord. 92-28, passed 9-9-92)

 

§ 90.07  ANIMAL CARE.

 

    (A)    No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.

 

    (B)    No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.

 

    (C)    No owner of an animal shall abandon such animal.

(Ord. 92-28, passed 9-9-92)  Penalty, see § 90.99

 

§ 90.08  ANIMAL WASTE.

 

    (A)    The owner of every animal shall be responsible for the removal of nay excreta deposited by his animals on public streets, public walks, recreation areas, public property and rights of way, or private property.

    

    (B)    “OWNER” shall be defined to include any person who has legal ownership of the animal, any person exercising control over the animal, and any parade organizer if the animal is utilized in an organized parade at the time the excreta is deposited.

(Ord. 92-28, passed 9-9-92; Am. Ord. 07-34, passed 9-24-07)  Penalty, see § 90.99

 

  VICIOUS ANIMALS

 

§ 90.15  DEFINITIONS

 

    For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

    "OWNER." Any person, firm, corporation, organization, or department possessing harboring or having the care or custody or an animal.

 

    "UNCONFINED."  A vicious animal is "UNCONFINED" if the animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the animal.  The pen or structure must have secure sides and a secure top attached to the sides.  If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.   All such pens or  structure must be adequately lighted and kept in a clean and sanitary condition.

 

    "VICIOUS ANIMALS."

 

        (1)    Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;

       

        (2)    Any animal which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or

 

        (3)    Any animal owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting.

(Ord. 88-12, passed 11-9-88)

 

§ 90.16  CONFINEMENT OF VICIOUS ANIMAL REQUIRED.

 

    The owner of a vicious animal shall not suffer or permit the animal to go unconfined.

(Ord. 88-12, passed 11-9-88)  Penalty, see § 90.99

 

§ 90.17  LEASH AND MUZZLE REQUIRED WHEN ANIMAL IS OFF PREMISES.

 

    The owner of a vicious animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(Ord. 88-12, passed 11-9-88)  Penalty, see § 90.99

 

§ 90.18  WARNING SIGN REQUIRED.

 

    The owner of a vicious animal shall display in a prominent place on his premises a clearly visible warning sign indicating that there is a vicious animal on the premises.  A similar sign is required to be posted on the pen or kennel of the animal.

(Ord. 88-12, passed 11-9-88)  Penalty, see § 90.99

 

§ 90.19  PUBLIC LIABILITY INSURANCE REQUIRED.

 

    Owners of vicious animals must within 30 days of the effective date of this  subchapter provide proof to the City Clerk/Treasurer of public liability insurance in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by his or her vicious animal.

(Ord. 88-12, passed 11-9-88; Am. Ord. 91-07, passed 5-8-91)  Penalty, see § 90.99

 

 

§ 90.99  PENALTY.

 

    (A)  Whoever  violates  any  provision  of  this  chapter for which another penalty is not provided, shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

 

    (B)  Whoever violates §§ 90.03, 90.04, or 90.05 shall be guilty of a misdemeanor and shall be fined not less than $5 nor more than $500, imprisoned for not less than five nor more than 60 days, or both, for each offense.  (KRS 258.990(3))

 

    (C)    Whoever violates any provision of §§ 90.16 through 90.19 shall be guilty of a gross misdemeanor and may be punished by a fine of not less than $50 nor more than $500 or imprisonment of not more than one year in jail, or both.  (Ord. 88-12, passed 11-9-88)

 

    (D)    In addition to the penalties as set forth in subsections (A), (B) and (C) hereinabove, any person who violated any provision of this chapter shall be subject to a civil penalty of $50.  If the offender does not pay the penalty within 30 days after he or she has been cited for the offense, then the city penalty shall be recovered by the city in a civil action in the nature of a debt.

 

    (E)    Each day the violation exists shall constitute a separate offense.  (Ord. 07-05, passed 3-26-07)

 

    CHAPTER 91:  STREETS AND SIDEWALKS    

 

 

Section

 

Excavations and Construction

 

    91.01    Opening permit required

    91.02    Application and cash deposit

    91.03    Restoration of pavement

    91.04    Barriers around excavations

    91.05    Warning lights

    91.06    Sidewalk construction

    91.07    Specifications

    91.08    Location requirements

    91.09    Sidewalks repairs

 

Road and Bridge Projects

 

    91.15    Public hearing required

    91.16    Notice requirements

    91.17    Public may testify; effect of testimony

    91.18    Hearing to be held prior to construction

    91.l9    Separate hearing for each project not required

    91.20    Exemptions from hearing requirement

 

Obstructions

 

    91.30    Unloading on street or sidewalk

    91.31    Street and sidewalk obstruction

    91.32    Materials on street or sidewalk

    91.33    Removal of ice and snow

 

    91.99    Penalty

 

EXCAVATIONS AND CONSTRUCTION

 

§ 91.01  OPENING PERMIT REQUIRED.

 

    It shall be unlawful for any person, other than an authorized city official, to make any opening in any street, alley, sidewalk, or public way of the city unless a permit to make the opening has been obtained prior to commencement of the work.

Penalty, see § 91.99

 

§ 91.02  APPLICATION AND CASH DEPOSIT.

 

    (A)    Each permit for making an opening shall be confined to a single project and shall be issued by the City Clerk/Treasurer. Application shall be made on a form prescribed by the legislative body, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided for.  The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the City Clerk/Treasurer, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.

    (B)    The minimum deposit shall be in the sum of $300.  There shall be no opening of the street without 48-hour notification prior to excavation beginning.  Any violation or non-compliance with this section shall result in a forfeiture of the deposit.

(Am. Ord. 93-04, passed 6-1-93)

 

§ 91.03  RESTORATION OF PAVEMENT.

 

    (A)  The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the Public Works Superintendent, and in accordance with rules, regulations, and specifications approved by the legislative body.

 

    (B)    Any time there is an opening in a street, alley, sidewalk or public way of the city, it shall be completely filled with dense grade rather than dirt.

 

    (C)  Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 91.02 shall be forfeited.  Thereupon the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it.  If the amount of such services performed by the city should exceed the amount of the deposit, the Clerk or other proper administrative officer shall proceed to collect the remainder due from the permittee.

(Am. Ord. 93-04, passed 6-1-93)

 

§ 91.04  BARRIERS AROUND EXCAVATIONS.

 

    Any person engaged in or employing others in excavating or opening any street, sidewalk, alley, or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.

Penalty, see § 91.99

 

§ 91.05  WARNING LIGHTS.

 

    Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at, or near each

end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.

Penalty, see § 91.99

 

§ 91.06  SIDEWALK CONSTRUCTION.

 

    It shall be the duty of the City Public Works Superintendent to supervise construction or repair of sidewalks within the city.  He shall cause specifications to be prepared for the construction of the various kinds of pavements and approve or disapprove those plans.  When the specifications are approved, he shall advertise for proposals to do all the work which may be ordered by the city in construction and repair of sidewalks, and shall authorize the Mayor to contract therefor, for a period not exceeding one year, with the lowest responsible bidder, who shall furnish good and sufficient sureties for the faithful performance of the work.  The Mayor, if authorized by City Council, may make separate contracts for the different kinds of work with different parties.

(Am. Ord. 94-13, passed 10-12-94; Am. Ord. 03-19, passed 7-22-03)

                   

Statutory reference:

    Sidewalks; construction along public roads; specifications, see KRS

      178.290

    Sidewalks; ramps for wheelchairs, see KRS 66.660

 

§ 91.07  SPECIFICATIONS.

 

    All new construction of sidewalks within the city shall be at least four feet wide and shall be at least four inches deep.  In those areas where the sidewalk is also a part of a driveway, the depth shall be a minimum of six inches.  The concrete mix  used shall be a minimum of 4,000 PSI.  Concrete forms are to be inspected and approval given by the City Public Works Superintendent prior to the pouring of concrete.

(Ord. 94-13, passed 10-12-94; Am. Ord. 03-19, passed 7-22-03)

 

§ 91.08  LOCATION REQUIREMENTS.

 

    Sidewalks are required along all arterial and major collector streets.  Sidewalks are not required along local streets as defined by the comprehensive plan, however, sidewalks are required along local streets where the public safety or welfare may be at risk if sidewalks are not provided.  Those local streets requiring sidewalks will be determined by the Planning and Zoning Commission.

(Ord. 94-13, passed 10-12-94)

 

§ 91.09  SIDEWALK REPAIRS.

 

    (A)    The property owners are required to maintain sidewalks in a good condition.  The City Code Enforcement Officer or Building Inspector may determine that the condition of a sidewalk is not good.  The property owner is responsible to bring the sidewalk in good condition upon written notice from the City Code Enforcement Officer or Building Inspector.  Repairs are to be completed within 90 days unless the City Code Enforcement Officer or Building Inspector grants an extension under conditions of bad weather.  If the property owner does not repair or replace the sidewalk as required, the city may repair or replace the sidewalk and assess the property owner for the costs.

   

    (B)    From time to time the city may acquire or allocate funds which are appropriated for sidewalk repair or replacement.  The City Council will at its discretion determine which sidewalks are to be replaced.  The city may remove any tree which encumbers the proper replacement of the sidewalk.

 

    (C)    When sufficient funding is not available or the city does not plan to replace sidewalks in a given area within the current fiscal year, the property owner may request assistance from the City Council to replace the sidewalk.  The City Council will determine if assistance can be given.  The City Public Works Department will be responsible for such assistance but will be limited to removal of the old sidewalk only.  Under these conditions, the city will not be responsible for tree removal or construction of the new sidewalk.  Specifications for construction listed in § 91.07 shall be followed during repair or replacement of sidewalks.

(Ord. 94-13, passed 10-12-94; Am. Ord. 03-19, passed 7-22-03)

 

ROAD AND BRIDGE PROJECTS

 

§ 91.15  PUBLIC HEARING REQUIRED.

 

    Before the city expends state derived tax revenues on a municipal highway, road, street, or bridge it shall hold a hearing in accordance with the provisions of this subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.

(KRS 174.100)

 

§ 91.16  NOTICE REQUIREMENTS.

 

    Prior to the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall hold a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city.  Notice of the hearing shall be given not less than seven days nor more than 21 days before the scheduled date of the public hearing and before beginning work on any project covered by this subchapter.

(KRS 174.100 (l))

 

§ 91.17  PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.

 

    (A)  At the hearing any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.

 

    (B)  The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it.

(KRS 174.100 (2),(3))

 

§ 91.18  HEARING TO BE HELD PRIOR TO CONSTRUCTION.

 

    The city shall not begin construction on a road or bridge project

wherein state derived tax revenues are involved until the hearing as provided herein has been held.

(KRS 174.100 (4))

 

§ 91.l9  SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.

 

    This subchapter shall not be construed to require a separate hearing for each project.  A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter.

(KRS 174.100 (5))

 

§ 91.20  EXEMPTIONS FROM HEARING REQUIREMENT

 

(A)     The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.

 

(B)     The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter un

 

less construction is suspended after the effective date of this subchapter and the city desires to reactivate the project.

(KRS 174.100 (6), (7))

OBSTRUCTIONS

 

§ 91.30  UNLOADING ON STREET OR SIDEWALK.

 

   No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement.

Penalty, see § 91.99

 

§ 91.31  STREET AND SIDEWALK OBSTRUCTION.

 

   No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building,

or permitting any fence or building to remain thereon.  Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.

Penalty, see § 91.99

 

§ 91.32  MATERIALS ON STREET OR SIDEWALK.

 

   (A)   No person shall encumber any street or sidewalk.  No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered

with barrels, boxes, cans, articles, or substances of any kind, so as

to interfere with the free and unobstructed use thereof.

 

   (B)   Exceptions. 

 

      (1)   The following items can be placed within the public sidewalk area contingent upon the property owner or business owner, with permission of the building owner, submitting a conditional use permit application to the Board of Adjustment for review.

 

      (2)   The criteria used to rule on a submittal will be as follows:

 

           (a)   It must be a permitted item as set forth in division  (C) below.

 

           (b)   The item's size, shape and orientation to the public sidewalks must meet the following:

 

             1.   Dimensional requirements.  Placement of an item can utilize a maximum of 35% of existing sidewalk depth unless an item has specific dimensions called for.

 

             2.   No item can be placed so as to interfere with the free and unobstructed access to and from the building.

 

             3.   A standard type as selected by the city for benches, waste receptacles, and the like may be required.

 

             4.   An item cannot be placed in front of another property owner's storefront without the owner's documented permission.

 

           (c)   The item's color, material and general design must meet the Design Standards Ordinance and/or Historic Design Ordinance.

 

           (d)   The item will not contradict in any way existing ordinances as it relates to the general safety and well-being of citizens.

 

   (C)   Permitted items.  Permitted items which can be placed in the public sidewalk area, are as follows:

 

      (1)   Benches, permanent.

 

      (2)   Waste receptacles, permanent.

 

      (3)   Planters, permanent and daily.

 

      (4)   Awnings, permanent.

 

      (5)   Signs, daily; size, placement and type as permitted.

 

      (6)   Tables and chairs associated with restaurants and/or cafes, daily; placement and dimensional requirements as permitted.

 

      (7)   Seasonal goods display, daily; dimensional requirements as permitted.

(Am. Ord. 01-11, passed 6-26-01)  Penalty, see § 91.99

               

Cross-reference:

   Littering on streets or sidewalks, see Ch. 94

   Burning materials on city streets, see § 93.21

 

§ 91.33  REMOVAL OF ICE AND SNOW.

 

   It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to

keep the sidewalk abutting his premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, accumulated thereon within a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.

Penalty, see § 91.99

 

§ 91.99  PENALTY.

 

   Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500, or imprisoned for not more than 30 days, or both, for each offense.

 

          CHAPTER 92:  NUISANCES    

  

Section

 

  General Provisions

 

   92.01   Definitions

   92.02   Common law and statutory nuisances

   92.03   Certain conditions declared a nuisance

   92.04   Abatement procedure

   92.05   Nuisance created by others

 

    Noise Control

 

   92.20   Definitions

   92.21   Exceeding established sound levels prohibited

   92.22   Determination of violation

   92.23   Exceptions

   92.24   Variances

 

  Braking Devices

 

   92.30   Dynamic braking devices

 

   92.99   Penalty

               

Cross-reference:

   Noisy animals, see § 90.02

                   

Statutory reference:

   Private nuisances, see KRS 411.500 - 411.570

 

  GENERAL PROVISIONS

 

§ 92.01  DEFINITIONS.

 

   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

   "AUTOMOBILE PARTS."  Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.

 

   "MOTOR VEHICLE."  Any style or type of motor driven vehicle used for the conveyance of persons or property.

 

   "MOTOR VEHICLE IN AN INOPERATIVE CONDITION."  Those motor vehicles which are unable to move under its own power due to defective or missing parts, which lack parts or equipment necessary to make that vehicle readily operable, and/or that cannot be safely operated on the public roads and highways by virtue of defective, missing or improper parts or equipment and/or not properly registered or insured as required by state statutes.

 

   "NUISANCE."  Public nuisance.

 

   "SCRAP METAL."  Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.

 

   "UNFIT FOR FURTHER USE."  In a dangerous condition; having defective or missing parts; or in such a condition generally as to be

unfit for further use as a conveyance.

(Am. Ord. 96-22, passed 7-8-96)

 

§ 92.02  COMMON LAW AND STATUTORY NUISANCES.

 

   In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law.

Penalty, see § 92.99

 

§ 92.03  CERTAIN CONDITIONS DECLARED A NUISANCE.

 

   It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon.  The following conditions are declared to be public nuisances:

 

   (A)   Dangerous trees or other objects adjoining street.  Any tree, stack, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.

 

   (B)   Accumulation of rubbish.  An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another.

 

   (C)   Noxious odors or smoke.  Emission into the surrounding atmosphere of odor, dust, smoke, or other matter which renders ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.

 

   (D)   Storage of explosives.  The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.

 

   (E)   Weeds.  The existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds and rank vegetation in excess of a height of 12 inches.

2003 S-16

   (F)  Open wells.  The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.

 

   (G)  Trees and shrubbery obstructing streets and sidewalks.  The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street.  No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.

 

   (H)  Keeping of animals.  The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.

 

   (I)  Junk; scrap metal; motor vehicles.  The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes.

 

   (J)   Exterior use or storage of indoor furniture or appliances is prohibited.  No person owning, leasing, occupying or having charge of any premises shall allow the use or storage of furniture or appliances which is upholstered or not designed for outdoor use in an uncovered or exposed area where it is likely to decay, decompose, or retain moisture causing a health hazard or diminution in the value of neighboring properties.

(Am. Ord. 05-15, passed 12-14-05)  Penalty, see § 92.99

               

Cross-reference:

   Tree Commission, see §§ 35.125 - 35.129

 

§ 92.04  ABATEMENT PROCEDURE.

 

   (A)  It shall be the duty of the Building Inspector to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance within five days unless the nuisance constitutes an immediate danger to the health and well-being of the community. If such danger is present, the nuisance may be abated immediately by the city. Absent such immediate danger, and prior to the abatement of any nuisance and/or demolition of any structure which has been deemed to be unfit or unsafe by the Building Inspector as set forth in § 154.29 of this Code, the following procedural process shall be followed:

 

      (1)  Notice shall be served upon persons by certified mail, but if the whereabouts of the persons is unknown and cannot be ascertained in the exercise of reasonable diligence, the city shall make an affidavit to that effect, and the serving of notice may be made by publication in a newspaper of general circulation for two consecutive publications.

 

      (2)  A copy of the notice shall be posted in a conspicuous place on the premises affected by the notice and it shall be recorded in the office of the Carroll County Court Clerk.

 

      (3)   Pursuant to KRS 381.770, the property owner shall be afforded a public hearing prior to the abatement of any nuisance and/or demolition of any unfit or unsafe structure. Provided, however, that such hearing must be requested in writing by the property owner themselves, a copy of which shall be served in the City Clerk/Treasurer not later than seven working days following receipt of notice as set forth above. The City Clerk/Treasurer shall thereafter fix the time and place for a hearing which shall be held not later than two weeks thereafter, with notice of said hearing to be immediately provided to the  property owner. The Clerk/Treasurer shall notify the Mayor and all  members of the City Council of the time and place of the hearing not less 24 hours in advance thereof. The majority of the City Council members shall constitute a quorum to hear the appeal. The property owner shall be present and shall be heard following presentation to the Council of the facts which necessitate enforcement through this section by the Building Inspector. The public shall also be entitled to be heard on any matter which may tend to impact the decision of the City Council. If, after hearing, a majority of the members of the City Council present at the meeting declare in favor of the property owner, such abatement shall not occur, and the Council shall make recommendations to the property owner to abate the nuisance or make any building fit for human habitation, occupancy or use. Should the majority of the members present at the meeting decide that such abatement is necessary, demolition, and/or other abatement shall immediately occur.

 

      (4)   The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this statute, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and bear interest thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceeding.

 

      (5)   In addition to the remedy prescribed in subsection (4) of this section or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owned.

 

   (B)  If the person so served does not abate the nuisance within the specified time, the city may proceed to abate the nuisance, keeping an account of the expense of the abatement, and the expense shall be charged to and paid by the owner or occupant.

 

   (C)  Charges for nuisance abatement shall be a lien upon the premises. Whenever a bill for charges remains unpaid for 60 days after it has been rendered, the City Clerk/Treasurer may file with the County Clerk a statement of lien  claims. This statement shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated, and a notice that the city claims a lien for this amount. Notice of the lien claim shall be mailed to the owner of the premises if his address is known. However, failure to record the  lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below. The lien shall be  notice  to all persons from the time of its recording and shall bear interest at 6% per annum thereafter until paid.

 

   (D)  Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens.  This foreclosure shall be in equity in the name of the city.

 

   (E)  The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid 60 days after it has been rendered.

('78 Code, § 9-1) (Ord., passed 5-5-71; Am. Ord. 91-05, passed 3-27-91; Am. Ord. 91-07, passed 5-8-91; Am. Ord. 97-12, passed 7-16-97)

 

§ 92.05  NUISANCE CREATED BY OTHERS.

 

   For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of.

 

    NOISE CONTROL

 

§ 92.20  DEFINITIONS.

 

   All terminology used in this subchapter and not defined below shall be in conformance with applicable American National Standards Institute Publications.  For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

   "A-WEIGHTED SOUND PRESSURE LEVEL."  The sound pressure level as measured with a sound level meter using the A-weighted network.  The standard notation is dB(A) or dBA.

 

   "CUMULATIVE PERIOD."  An additive period of time composed of individual time segments which may be continuous or interrupted.

 

   "DECIBEL (dB)."  A unit for describing the loudness of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).  Zero decibels is the threshold of human hearing.  Ten decibels is ten times as loud as zero, 20 decibels is 100 times as loud as zero, and 130 decibels is the threshold of pain.

 

   "NOISE."  Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.

 

   "REAL PROPERTY LINE."  An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented, or leased by one person from that owned, rented, or leased by another person, excluding intra-building residential property division.

 

   "SOUND."  The manifestation in air of a longitudinal wave created by a pressure fluctuation, which evokes an auditory sensation and can be measured with suitable instrumentation.

 

   "SOUND LEVEL METER."  An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels.  The output meter reads sound level when properly calibrated, and the instrument must be of Type 2 or better, as specified in the American National Standards Institute publications.

(Ord. passed 3-23-81)

 

§ 92.21  EXCEEDING ESTABLISHED SOUND LEVELS PROHIBITED.

 

   (A)  It shall be unlawful for any person to make or continue or cause to be made or continued any stationary source of sound in such a manner as to create a noise level which exceeds the limits set forth in this section.  The following table of sound levels shall be the levels by which violation of this section is measured.

 

   TABLE 1

 

   Receiving land use 7:00 a.m.-10:00 p.m.    10:00 p.m.-7:00 a.m.

 

      Residential        55                 50

      Commercial         60                 55

      Industrial         65                 65

 

   (B)  The sound levels set forth in this section shall be exceeded when any one or more of the following occur:

 

      (1)  The sound or noise at any one point in time exceeds any of the established land use limits in Table 1 by measured sound level of 15 dBA; or

 

      (2)  The sound or noise exceeds any of the established land use limits in Table 1 by a measured sound level of ten dBA for accumulated total of one minute or more out of any ten-minute period; or

 

      (3)  The sound or noise exceeds any of the established land use limits in Table 1 continually for a period of five minutes, or a total of five minutes out of any ten-minute period.

 

   (C)  The following acts, and the causing or permitting thereof are declared to be in violation of this section:

 

      (1)   Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, or similar device which produces or reproduces sound level in violation of division (B) above.

 

      (2)   Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device in such a manner as to be in violation of the provisions of division (B) above.

(Ord., passed 3-23-81)  Penalty, see § 92.99

 

§ 92.22  DETERMINATION OF VIOLATION.

 

   Violation of the limits set forth in § 92.21 shall be determined by the taking of a sound level meter reading at the boundary line or at any point within the property affected by the noise or sound.  If a noise source can be measured in more than one land use category and its sound level meter reading is within the limits set forth in § 92.21 when measured at its property boundary line, the noise source shall not be in violation of this subchapter even though its sound level meter reading exceeds the limits when measured in the more restrictive area.

(Ord., passed 3-23-81)

 

§ 92.23  EXCEPTIONS.

 

   The provisions of this subchapter shall not apply to:

 

   (A)   The lawful use of sound by governmental units;

 

   (B)   The use of sound by houses of religious worship;

 

   (C)   The operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 a.m. and 9:00 p.m.

 

   (D)   The operation of any power equipment used for home or building repair or grounds maintenance, including, but not limited to power saw, chain saw, sander, lawn mower, garden equipment, or snow removal equipment in residential or commercial zones between the hours of 7:00 a.m. and 9:00 p.m.

(Ord., passed 3-23-81)

 

§ 92.24  VARIANCES.

 

   The City Council may grant variances for exception from any provision of this subchapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as it determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom.  In determining whether to grant or deny a variance, the Council shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other  adverse impacts of granting the variance.  A variance shall not exceed 365 days from the date on which it was granted, but the applicant may request a new variance at that time.

(Ord., passed 3-23-81)

 

  BRAKING DEVICES

 

§ 92.30  DYNAMIC BRAKING DEVICES.

 

   (A)   Definition.  A “DYNAMIC BRAKING DEVICE” (commonly referred to as Jake Brakes, Jacobs Brake, Engine Brakes or Compression Brakes) is defined as a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

 

   (B)   Use prohibited.  It is unlawful for any person to operate any motor vehicle with a dynamic braking device engaged within the city limits, where posted, except for emergency situations for the purpose of avoiding a collision with another object or vehicle, but excluding the 600 to 700 block of Park Avenue, commonly referred to as “Gap Hill.” 

Penalty, see § 92.99  (Ord. 03-21, passed 10-8-03)

 

§ 92.99  PENALTY.

 

   (A)   Whoever violates any provision of this chapter for which another penalty is not provided shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.  Each day's continued violation shall constitute a separate offense.

 

   (B)   Any person who violates any provision of §§ 92.20 through 92.24 shall be guilty of a violation and shall be fined not less than $25 for each offense.  Any person who willfully or knowingly violates any provision of §§ 92.20 through 92.24 shall be guilty of a misdemeanor and shall be fined for each offense a sum of not less than $100 and not more than $500, imprisoned for a period of not more than 30 days, or both.  Each day of violation shall constitute a separate offense.

   (C)   In addition to the penalties as set forth in subsections (A) and (B) hereinabove any person who violates any provision of this chapter shall be subject to a civil penalty of $50.  If the offender does not pay the penalty within 30 days after he or she has been cited for the offense, then the civil penalty shall be recovered by the city in a civil action in the nature of a debt.

(Ord., passed 3-23-81; Am. Ord. 07-08, passed 3-26-07)

 

           CHAPTER 93:  FIREWORKS; FIRE PREVENTION    

  

Section

 

Fireworks

 

   93.01  Definitions; legality of items

   93.02  Sale or use prohibited; exception for public display

   93.03  Common fireworks; restrictions on sale

   93.04  Bond or liability insurance requirement

   93.05  Exempted sales and uses

   93.06  Destruction of fireworks

 

     Fire Prevention

 

   93.20  Fire limits

   93.21  Restrictions on open fires

   93.22  Blasting permit

   93.23  Location and containment of open fires

   93.24  Constant attention to open fires required

   93.25  Authority to prohibit open fires

   93.26  Storage of flammables and other matter

 

   93.99  Penalty

 

FIREWORKS

 

§ 93.01  DEFINITIONS; LEGALITY OF ITEMS.

 

   (A)  The term "FIREWORKS" shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "common" or "special" fireworks as set forth in the U.S. Department of Transportation's (DOT) hazardous materials regulations.

 

      (l)  Exception number l:  Toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times.

 

      (2)  Exception number 2:  Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks.

 

      (3)  Exception number 3:  Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.

(KRS 227.700)

 

   (B)  "COMMON FIREWORKS" are fireworks suitable for use by the public and designed primarily to produce visible effects by combustion and  must   comply   with   the   construction,  chemical  composition, and labeling regulations of the U.S. Consumer Products Safety Commission. The types, sizes, and amount of pyrotechnic contents of these devices are limited as enumerated in this chapter.  Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices  containing 130 milligrams or less of explosive composition. "COMMON FIREWORKS" are classified as class C explosives by the U.S. Department of Transportation and include the following:

 

      (l)  Ground and hand-held sparkling devices.

 

           (a)  Dipped stick-sparkler.  Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition.  Total pyrotechnic composition may not exceed 100 grams per item.  Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item.  Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with DOT regulations.

 

           (b)  Cylindrical fountain.  Cylindrical tube not more than three-fourths inch (l9 millimeters) inside diameter, containing up to 75 grams of pyrotechnic composition.  Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced.  This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain).

 

           (c)  Cone fountain.  Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition.  The effect is the same as that of a cylindrical fountain.

 

           (d)  Illuminating torch.  Cylindrical tube containing up to 100 grams of pyrotechnic composition.  Upon ignition, colored fire is produced.  May be spike, base, or hand-held.

 

           (e)  Wheel.  Pyrotechnic device attached to a post or tree by means of a nail or string.  Each wheel may contain up to six "driver" units: tubes not exceeding one-half inch (12.5 millimeters) inside diameter and containing up to 60 grams of pyrotechnic composition.  Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.

 

           (f)  Ground spinner.  Small device similar to a wheel in design and effect and placed on the ground and ignited.  A shower of sparks and color is produced by the rapidly spinning device.

 

           (g)  Flitter sparkler.  Narrow paper tube filled with pyrotechnic composition that produces color and sparks  upon  ignition. This device does not have a fuse for ignition.  The paper at one end of the tube is ignited to make the device function.

 

      (2)  Aerial devices.

 

           (a)  Sky rocket.  Tube not exceeding one-half inch (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition.  Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition.  A burst of color or noise or both is produced at the height of flight.

 

           (b)  Missile-type rocket.  A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.

 

           (c)  Helicopter, aerial spinner.  A tube not more than one-half inch, (12.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition.  A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air.  A visible or audible effect is produced at the height of flight.

 

           (d)  Roman candles.  Heavy paper or cardboard tube not exceeding three-eighths inch, (9.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition.  Upon ignition, up to ten stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.

 

           (e)  Mine, shell.  Heavy cardboard or paper tube up to two and one-half inches (63.5 millimeters) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition.  Upon ignition, stars, firecrackers, or other devices are propelled into the air.  The tube remains on the ground.

 

      (3)  Audible ground devices.

 

           (a)  Firecrackers, salutes.  Small paper-wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition.  Upon ignition, noise and a flash of light is produced.

 

           (b)  Chaser.  Small paper or cardboard tube that travels along the ground upon ignition.  A whistling effect, or other noise, is often produced.  The explosive composition used to create the noise may not exceed 50 milligrams.

 

      (4)  Combination items.  Firework devices containing combinations of two or more of the effects described in categories (l), (2), and (3) above.

(KRS 227.702)

 "TRICK NOISEMAKERS" and are not classified as common fireworks by the U.S. Department of Transportation.

 

      (l)  Snake, glow worm.  Pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning.  The ash expands in length as the pellet burns.  These devices may not contain mercuric thiocyanate.

 

      (2)  Smoke device.  Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

 

      (3)  Wire sparkler.  Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition.  These items may not contain magnesium and must not exceed 100 grams of composition per item.  Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.

 

      (4)  Trick noisemaker.  Item that produces a small report intended to surprise the user.  These devices include:

 

           (a)  Party popper.  Small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive.  A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.

 

           (b)  Booby trap.  Small tube with string protruding from both ends, similar to a party popper in design.  The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.

 

           (c)  Snapper.  Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand.  When dropped, the device explodes producing a small report.

 

           (d)  Trick match.  Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.

 

           (e)  Cigarette load.  Small wooden peg that has been coated with a small quantity of explosive composition.  Upon ignition of a cigarette containing one of the pegs, a small report is produced.

 

           (f)  Auto burglar alarm.  Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited.  A small quantity of explosive, not exceeding 50 milligrams may also be used to produce a small report.  A squib is used to ignite the device.

(KRS 227.704)

 

   (D)   The term "SPECIAL FIREWORKS" shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation.  This term includes, but is not limited to, firecrackers containing more than two grains (130 milligrams) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as common fireworks. Special fireworks are classified as class B explosives by the U.S. Department of Transportation.

(KRS 227.706)

 

   (E)   Legality of items.

 

      (l)  Items described in division (B)(l) above are legal for retail sale, use and possession, provided all applicable federal and state requirements with respect thereto are met.

 

      (2)  Items described in divisions (B)(2), (B)(3), and (D) are not legal for retail sale but are legal under permits granted pursuant to this chapter for the purposes specified in this chapter for public displays and may be sold at wholesale as provided in this chapter.

 

      (3)  Items described in division (C) are legal for retail sale, use and possession, provided all applicable federal and state requirements with respect thereto are met.

(KRS 227.708)  (Am. Ord. 07-29, passed 7-26-07)

 

§ 93.02  SALE OR USE PROHIBITED; EXCEPTION FOR PUBLIC DISPLAY.

 

    No person, firm, co-partnership, or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell, possess, use, or explode, any fireworks deemed illegal in § 93.01(E)(2), except for the following:

 

    (A)    The Chief of the Fire Department or other authorized city official may grant permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations or groups of individuals.  Every display shall be handled by a competent operator to be approved by the public official by whom the permit is granted, and shall be of such character, and so located, discharged or fired as in the opinion of the official, after proper inspection, shall not be hazardous to property or endanger any person.  Permits shall be filed with the office of the State Fire Marshal at least 15 days in advance of the date of the display.  After the privilege is granted, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only.  No permit granted under this division shall be transferable. For the purposes of this division (A), “PUBLIC DISPLAY OF FIREWORKS” shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoor.

    (B)    The sale, at wholesale, of any fireworks for supervised displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco, and Firearms, if the sale is to the person holding a display permit as outlined in division (A) of this section.  The permit holder shall present the permit along with other verifiable identification at the time of sale.

 

    (C)    The sale, at wholesale, of any kind of fireworks by any resident manufacturer, wholesaler, dealer, or jobber, provided the fireworks are intended for shipment directly out of state in accordance with regulations of the U.S. Department of Transportation.

 

    (D)    The sale and use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use.

 

    (E)    The use of fuses and railway torpedoes by railroads.

 

    (F)    The sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purpose in athletics or sports.

 

    (G)    The use of any pyrotechnic device by military organizations.

 

    (H)    The use of fireworks for agricultural purposes under the direct supervision of the U.S. Department of the Interior or any equivalent or local agency.

(KRS 227.710)  (Am. Ord. 07-31, passed 7-26-07)  Penalty, see § 93.99

 

§ 93.03  COMMON FIREWORKS; RESTRICTIONS ON SALE.

 

    (A)    Except as provided in § 93.02, the common fireworks described in § 93.01(B)(1) may be offered for sale, sold at retail, or kept with the intent to sell, only if the requirements of this section are met.

 

    (B)    Any person or business intending to sell common fireworks shall register annually with the state fire marshal's office in accordance with KRS 227.715, and display its registration certificate in a conspicuous location at the site.

 

    (C)    Each site at which fireworks are offered for sale shall have a working fire extinguisher at the site, in compliance with NFPA Pamphlet 10.

 

    (D)    No common fireworks item shall be offered for sale if it has as part of its device any wings, fins, or other mechanism designed to cause the device to fly, or if it carries a cautionary label which includes in its description any of the following terms: explosive, emits flaming pellets, flaming balls, firecracker, report, or rocket.

 

    (E)    No person or business shall give, offer for sale, or sell any common fireworks listed in § 93.01(B) to any person under 16 years of age.

(KRS 227.715 (3) - (6)) Penalty, see § 93.99

 

§ 93.04  BOND OR LIABILITY INSURANCE REQUIREMENT.

 

    No permit shall be issued under § 93.02 unless the applicant shall give bond or evidence of liability insurance deemed adequate by the official to whom application for the permit is made, in a sum not less than $1,000,000.  However, the appropriate city official or the State Fire Marshal may require a larger amount if in their judgment the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his agents, employees or subcontractors.

(KRS 227.720)  Penalty, see § 93.99

 

§ 93.05  EXEMPTED SALES AND USES.

 

    Nothing in this chapter shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry, or gold star producing sparklers, which contain no magnesium or chlorate, toy snakes which contain no mercury, smoke novelties and party novelties, which contain less than twenty-five hundredths of a grain of explosive mixture, or shells or cartridges, used as ammunition in firearms, or blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports,

or for use by military organizations, or the sale of any kind of fireworks provided the same are to be shipped by the seller directly out of the state.

(KRS 227.730)

 

§ 93.06  DESTRUCTION OF FIREWORKS.

 

    The State Fire Marshal shall seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.  All fireworks held, possessed, or used in violation of this chapter shall be destroyed as contraband.

(KRS 227.750)

 

     FIRE PREVENTION

 

§ 93.20  FIRE LIMITS.

 

    (A)  Definitions.  For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

    "GARBAGE."  A putrescible animal and vegetable matter accumulated by a family in a residence in the course of ordinary day-to-day living.

 

    "HOUSEHOLD RUBBISH."  Waste material and trash, not to include garbage, normally accumulated by a family in a residence in the course of ordinary day-to-day living.

 

    "OPEN BURNING."  The burning of any matter in such a matter that the products of combustion are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

 

    (B)  As used in this section the term "FIRE LIMITS" shall have the same meaning as in "Article IV-Fire Limits and Building Restrictions" of the Standards of Safety, "l986 edition", prepared and published by the Division of Fire Prevention of the Department of Public Safety of the Commonwealth of Kentucky.

   

    (C)  All land and improvements thereon in the fire limits shall be subject to the provisions of Article IV of the Standards of Safety.

 

    (D)  Within the city all land within any commercial zoning district, as now existing or hereafter established, shall constitute and be within the fire limits.

('78 Code, § 5-2) (Ord., passed 8-4-71; Am. Ord. 89-19, passed 7-12-88; Am. Ord. 90-14, passed 10-10-90)

 

§ 93.21  RESTRICTIONS ON OPEN FIRES.

 

    Except as otherwise provided, no person shall cause, suffer or allow any open burning within the city.  Fires may be set for the following purposes, provided that such fires do not violate any of the provisions of the Kentucky Revised Statues or any other laws of the Commonwealth of Kentucky, if a prior written permit is obtained from the City Fire Chief:

 

    (A)    Fires set for the cooking of food for human consumption on other than commercial premises;

 

    (B)    Fires set for recreational or ceremonial purposes with prior written consent from the Fire Chief.

(Ord., passed 9-13-78; Am. Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90; Am. Ord. 93-01, passed 2-10-93)   Penalty, see § 93.99

 

§ 93.22  BLASTING PERMIT.

 

    No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the authorized city official.  The authorized city official, before granting such permit may require the applicant to provide a bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)  Penalty, see § 93.99

 

§ 93.23  LOCATION AND CONTAINMENT OF OPEN FIRES.

 

    No person, firm, corporation, or agent thereof may kindle or maintain any open fire or authorize any such fire to be kindled or maintained within 25 feet of any structure unless adequate provisions are  made  to  prevent  fire from spreading closer than 25 feet to the

structure.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)

 

§ 93.24  CONSTANT ATTENTION TO OPEN FIRES REQUIRED.

 

    Open fires shall be constantly attended by a competent person not less than 18 years of age.  If the Fire Department or any of its employees are called out to either a permitted or a non-permitted fire, a fee will be billed to the person responsible for the fire.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)

 

§ 93.25  AUTHORITY TO PROHIBIT OPEN FIRES.

 

    The Fire Chief, in his discretion, may prohibit any or all open fires when natural conditions, the materials being burned, or local circumstances make these fires potentially hazardous or harmful.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)

 

§ 93.26  STORAGE OF FLAMMABLES AND OTHER MATTER.

 

    (A)  All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.

 

    (B)  Waste paper, ashes, oil rags, waste rags, excelsior, or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind.  Proper fireproof receptacles shall be provided for such hazardous materials.

 

    (C)  No matter shall be stored or arranged in a manner which impedes or prevents access to or exit from any premises in case of fire.

 

    (D)  Permission to burn.  Any person, firm, or corporation that wishes to set fires for disposal of natural growth for land clearing, tree and tree limbs, provided that no extraneous materials such as tires or heavy oils which tend to produce dense smoke are used to cause ignition or aid combustion and the burning is done on sunny days with mild winds, shall be required to obtain a burning permit from the Fire Department before igniting the fire.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)  Penalty,

see § 93.99

§ 93.99  PENALTY.

 

    (A)  Any person violating the provisions of §§ 93.02 or 93.04, the regulations issued thereunder or any order issued thereunder, or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be guilty of a misdemeanor and shall be fined not more than $500, or imprisoned for not more than 30 days, or both.  (KRS 227.990 (4))

 

    (B)  Any person who violates any other provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500, or imprisoned for not more than 30 days, or both, for each offense.

(Ord. 89-19, passed 7-12-89; Am. Ord. 90-14, passed 10-10-90)

  

       CHAPTER 94:  LITTERING    

 

 

Section

 

    94.01    Throwing litter from vehicle

    94.02    Tracking foreign matter on streets

    94.03    Hauling loose material

    94.04    Sweeping litter into gutters

    94.05    Litter on private property

 

    94.99    Penalty

 

§ 94.01  THROWING LITTER FROM VEHICLE.

 

    No person while a driver or passenger in a vehicle shall throw or

deposit litter upon any street or other public place within the city or upon private property.

Penalty, see § 94.99

 

§ 94.02  TRACKING FOREIGN MATTER ON STREETS.

 

    No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit upon any street, alley, or other public place, mud, dirt, sticky substances, litter, or foreign matter of any kind.

Penalty, see § 94.99

 

§ 94.03  HAULING LOOSE MATERIAL.

 

    Every person hauling or causing to be hauled dirt, sand, gravel, cement, fill dirt, or loose material of any kind in or upon any street, alley, sidewalk, or other public place shall haul it, or cause it to be hauled in vehicles provided with tight boxes or beds so constructed or loaded as to prevent any of the contents from falling or being thrown, blown, or deposited upon any street, alley, sidewalk, or other public place.  Any materials which fall from, or which are thrown, blown, or deposited from any vehicle upon any street, alley, sidewalk, or other public place, shall be removed immediately by the person in charge of the vehicle.

Penalty, see § 94.99

 

§ 94.04  SWEEPING LITTER INTO GUTTERS.

 

    No person shall sweep into or deposit in any gutter, street, or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

Penalty, see § 94.99

 

§ 94.05  LITTER ON PRIVATE PROPERTY.

 

    (A)  No person shall throw or deposit litter on any occupied private property within the city, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon streets, sidewalks, or other public places, or upon any private property.

 

    (B)  No person shall throw or deposit litter on any open or vacant private property within the city whether owned by that person or not.

Penalty, see § 94.99

 

 

 

§ 94.99  PENALTY.

 

    Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500, or imprisoned for not more than 30 days, or both, for each offense.  Each day the violation is committed or permitted to continue shall constitute a separate offense.

 

         CHAPTER 95:  FAIR HOUSING    

 

Section

 

                                  General Provisions

 

    95.01    Policy

    95.02    Definitions

    95.03    Application of regulations

    95.04    Discrimination in the sale or rental of housing

    95.05    Discrimination in the financing of housing

    95.06    Discrimination in the provision of brokerage services

    95.07    Exemptions

    95.08   Interference with or intimidation of protected persons prohibited

 

                                  Administration and Enforcement

 

    95.15    Mayor to enforce

    95.16    Educational and conciliatory activities

    95.17    Complaint procedure

    95.18   Investigations; authority to issue subpoenas to acquire evidence

    95.19    Civil actions by private persons

    95.20    City assistance

 

    95.99    Penalty

 

                                  GENERAL PROVISIONS

 

§ 95.01  POLICY.

 

    It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city.

(Ord. 87-04, passed 3-26-87)

 

§ 95.02  DEFINITIONS.

 

    For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

    "DISCRIMINATORY HOUSING PRACTICE."  An act that is unlawful under §§ 95.04 through 95.06.

 

    "DWELLING."  Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

 

    "FAMILY."  Includes a single individual.

 

    "PERSON."  Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

 

     "TO RENT."  Includes to lease, sublease, let, or otherwise to grant for a consideration the right to occupy premises owned by the occupant.

(Ord. 87-04, passed 3-26-87)

 

§ 95.03  APPLICATION OF REGULATIONS.

 

     (A)     Subject to the provisions of division (B) of this section and § 95.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to all dwellings except as exempted by division (B) below.

 

     (B)     Nothing in § 95.04 shall apply to:

 

          (l)     Any single-family house sold or rented by an owner, provided:

 

               (a)     Such private individual owner does not own more than three such single-family houses at any one time;

 

               (b)     That in the case of the sale of any single-family house by a private individual owner not residing in that house at the time of the sale or who was not the most recent resident of that house prior to the sale, the exemption granted by this division shall apply only with respect to one such sale within any 24-month period;

 

               (c)     That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time; and

 

               (d)     That the sale or rental of any such single-family house shall be excepted from the application of this chapter only if the house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or other person; and without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of § 95.04(C), but this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, or other such professional assistance as is necessary to perfect or transfer the title; or

 

          (2)     Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.

 

     (C)     For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if:

          (l)  He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

 

          (2)  He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

 

          (3)  He is the owner of any dwelling designed or intended for occupancy by, or occupied by five or more families.

(Ord. 87-04, passed 3-26-87)

 

§ 95.04  DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.

 

     As made applicable by § 95.03 and except as exempted by

§§ 95.03(B) and 95.07, it shall be unlawful to:

 

    (A)  Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, or national origin;

 

    (B)  Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, or national origin;

 

    (C)  Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination; or

 

    (D)  Represent to any person because of race, color, religion, or national origin, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(Ord. 87-04, passed 3-26-87)  Penalty, see § 95.99

 

§ 95.05  DISCRIMINATION IN THE FINANCING OF HOUSING.

 

    (A)  It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, or national origin of such person or of any person