TITLE I: GENERAL PROVISIONS
10. RULES OF CONSTRUCTION; GENERAL PENALTY
TITLE III: ADMINISTRATION
30. MAYOR, CITY COMMISSION, AND CITY OFFICIALS
31. POLICE AND FIRE DEPARTMENTS
32. PUBLIC RECORDS
33. CITATION OFFICER
TITLE V: PUBLIC HEALTH AND SAFETY
50 FIRE PREVENTION
51. WATER AND SEWERS
52. TRAFFIC CODE
53. STREETS AND SIDEWALKS
54. CURFEW FOR JUVENILES
TITLE VII: REGULATION OF BUSINESSES AND TRADES
70. OCCUPATIONAL LICENSE FEE
72. PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
73. ALCOHOLIC BEVERAGE CONTROL
TITLE IX: GENERAL REGULATIONS
91. LITTER CONTROL
93. DUMPSTER REQUIRED
94. HAZARDOUS SUBSTANCE(S)
TITLE XI: TAXATION AND OTHER FISCAL MATTERS
110. FINANCIAL ADMINISTRATION
111. IMPROVEMENTS AND SPECIAL ASSESMENTS
112. GENERAL TAXATION
113. LICENSE TAX ON INSURANCE COMPANIES
114. BANK FRANCHISE AND LOCAL DEPOSIT TAX
115. TAXATION OF ABANDONED URBAN PROPERTIES
TITLE XIII: COMMUNTIY DEVELOPMENT
130. COMPREHENSIVE PLAN, ZONING REGULATIONS, AND
131. BUILDING REGULATIONS
132. UNSAFE STRUCTURES
133. DISPLAY OF STREET ADDRESSES
133A.ENHANCED 911 ADDRESSING PLAN
134. SMOKE DETECTORS
135. PAVING OFF STREET PARKING
138. ENTRANCE LIGHTING SYSTEMS
140. PRESERVATION BOARD
144. REGISTRATION OF VACANT PROPERTIES
145. FLOOD PREVENTION
TITLE I: GENERAL PROVISIONS
10. RULES OF CONSTRUCTION; GENERAL PENALTY
10.01 SHORT TITLES
10.03 RULES OF CONSTRUCTION
10.04 COMPUTATION OF TIME
10.05 MAJORITY MAY ACT FOR ALL; AUTHORIZED AGENT
10.06 WRITINGS AND SIGNATURES
10.09 RIGHTS AND LIABILITIES ACCRUING BEFORE REPEAL OF
10.10 CONSTRUCTION OF SECTION REFERENCES
10.11 ORDINANCES REPEALED
10.12 ORDINANCES UNAFFECTED
10.13 ORDINANCES SAVED
10.14 AMENDMENTS TO CODE; AMENDATORY LANGUAGE
10.15 CONFLICTING PROVISIONS
10.16 REFERENCE TO OFFICES
10.17 ERRORS AND OMISSIONS
10.18 HISTORICAL AND STATUTORY REFERENCES
§ 10.01 SHORT TITLES
(A) All ordinances of a permanent and general nature of the city as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the New Castle Code, for which designation chapter, and section headings do not constitute any part of the law as contained in the code. (KRS 446.140)
(B) All references to codes, titles, chapters, and sections are to such components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the "traffic code." Sections may be referred to and cited by the designation "§" followed by the number, such as "§ 10.01." Headings and captions used in this code other than the title, chapter, and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.02 DEFINITIONS.
For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACTION." Includes all proceedings in any court of this state.
(KRS 446.010 (1))
"AND." May be read "OR," and "OR" may be read "AND," if the sense requires it.
"ANIMAL." Includes every warm-blooded living creature except a human being. (KRS 446.010 (2))
"CATTLE." Includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex. (KRS 446.010 (6))
"CITY." "MUNICIPAL CORPORATION," or "MUNICIPALITY." When used in this code shall denote the City of New Castle irrespective of its population or legal classification.
"COMMISSION." The City Commission. (KRS 83A.010 (3))
"COMPANY." May extend and be applied to any corporation, company, person, partnership, joint stock company, or association. (KRS 446.010 (7))
"CORPORATION." May extend and be applied to any corporation, company, partnership, joint stock company , or association. (KRS 446.010 (8))
"COUNTY." Henry County, Kentucky.
"CRUELTY." As applied to animals, includes every act or omission whereby unjustifiable physical pain, suffering, or death is caused or permitted.
(KRS 446.010 (9))
"DIRECTORS." When applied to corporations, includes managers or trustees. (KRS 446.010 (10))
"DOMESTIC." When applied to corporations, means all those incorporated or formed by authority of this state. (KRS 446.010 (11))
"DOMESTIC ANIMAL." Any animal converted to domestic habitat.
(KRS 446.010 (12))
"EXECUTIVE AUTHORITY." The Commission. (KRS 83A.010 (6))
"FEDERAL." Refers to the United States. (KRS 446.010 (13))
"FOREIGN." When applied to corporations, includes all those incorporated or formed by authority of any other state. (KRS 446.010 (14))
"KEEPER" or "PROPRIETOR." Includes all persons, whether acting by themselves or as a servant, agent, or employee.
"KRS." Kentucky Revised Statutes.
"LAND" or "REAL ESTATE." Includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest.
(KRS 446.010 (18))
"LEGISLATIVE BODY." The City Commission. (KRS 91A.010 (7))
"LEGISLATIVE BODY MEMBER." A City Commissioner. (KRS 83A.010 (7))
"MAY." The act referred to is permissive. (KRS 446.010 (20))
"MONTH." Calendar month. (KRS 446.010 (21))
"MUNICIPALITY." The City of New Castle, Kentucky.
"OATH." Includes "AFFIRMATION" in all cases in which an affirmation may be substituted for an oath. (KRS 446.010 (22))
"PEACE OFFICER." Includes sheriffs, constables, coroners, jailers, metropolitan correctional officers, marshals, policemen, and other persons with similar authority to make arrests. (KRS 446.010 (24))
"PERSON." May extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, and joint stock companies. (KRS 446.010 (26))
"PERSONAL PROPERTY." Includes all property except real.
"PREMISES." As applied to property, includes land and buildings.
"PROPERTY." Includes real, personal, mixed estates and interests.
"PUBLIC AUTHORITY." Includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof; or any duly authorized public official.
"PUBLIC PLACE." Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
"REAL PROPERTY." Includes lands, tenements, and hereditaments.
"REGULAR ELECTION." The election in even numbered years at which members of Congress are elected and the election in odd numbered years at which state officers are elected. (KRS 446.010 (28))
"SHALL." The act referred to is mandatory. (KRS 446.010 (29))
"SWORN." Includes "AFFIRMED" in all cases in which an affirmation may be substituted for an oath. (KRS 446.010 (32))
"SIDEWALK." That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
"STATE." The State of Kentucky.
"STREET." Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the city.
"SUBCHAPTER." A division of a chapter, designated in this code by an underlined heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
"TENANT" or "OCCUPANT." As applied to premised, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
"VACANCY IN OFFICE." Such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law; it applies whether the vacancy is occasioned by death, resignation, removal from the state, county, or district, or otherwise. (KRS 446.010 (34))
"VIOLATE." Includes failure to comply with. (KRS 446.010 (35))
"YEAR" Calendar year. (KRS 446.010 (37))
§ 10.03 RULES OF CONSTRUCTION.
(A) Singular includes plural. A word importing the singular number only may extend and be applied to several persons or things, as well as to one person or thing, and a word importing the plural number only may extend and be applied to one person or thing as well as to several persons or things.
(KRS 446.020 (1))
(B) Masculine includes feminine. A word importing the masculine gender only may extend and be applied to females as well as males.
(KRS 446.020 (2))
(C) Liberal construction. All sections of this code shall be liberally construed with a view to promote their objects and carry out the intent of City Commission.
(KRS 446.080 (1))
(D) Retroactivity. No ordinance shall be constructed to be retroactive, unless expressly so declared. (KRS 446.080 (3))
(E) Technical terms. All words and phrases shall be construed according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed according to such meaning.
(KRS 446.080 (4))
§ 10.04 COMPUTATION OF TIME.
(A) In computing any period of time prescribed or allowed by order of court, or by any applicable ordinance or regulation, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, a legal holiday, or a day on which the public office in which a document is required to be filed is actually and legally closed, in which event the period runs until the end of the next day which is not one of the days just mentioned. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays,
Sundays, and legal holidays shall be excluded in the computation.
(B) When an ordinance, regulation, or order of court requires an act to be done either a certain time before an event or a certain time before the day on which an event occurs, the day of the event shall be excluded in computing the time. If the day thereby computed on which or by which the act is required to be done falls on a Saturday, Sunday, legal holiday, or a day on which the public office in which the act is required to be completed is actually and legally closed, the act may be done on the next day which is one of the days just mentioned.
(C) If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act shall be done, on the next day that is not a legal holiday.
(D) In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean the time only as may be necessary for the prompt performance of such duty or compliance with such notice.
§ 10.05 MAJORITY MAY ACT FOR ALL; AUTHORIZED AGENT.
(A) Words giving authority to three or more public officers or other persons shall be constructed as giving such authority to a majority of such officers or other persons. (KRS 446.050)
(B) When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include such acts when done by an authorized agent.
§ 10.06 WRITINGS AND SIGNATURES.
(A) When this code requires any writing to be signed by a party thereto, it shall not be deemed to be signed unless the signature is subscribed at the end or close of the writing.
(B) Every writing contemplated by this code shall be in the English language.
§ 10.07 SEVERABILITY.
It shall be considered that it is the intent of City Commission in enacting any ordinance, that if any part of the ordinance be held unconstitutional the remaining parts shall remain in force, unless the ordinance provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that City Commission would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of City Commission. (KRS 446.090)
§ 10.08 REVIVOR.
(A) A repealed ordinance without a delayed effective date is revived when the ordinance that repealed it is repealed by another ordinance enacted at the same meeting of City Commission.
(B) A repealed ordinance with a delayed effective date is revived by the enactment of a repealer of the ordinance that repealed it at the same or any subsequent meeting of City Commission as long as it takes effect prior to the effective date of the original repealer.
(C) An amended ordinance without a delayed effective date remains unchanged with respect to an amendment which is repealed at the same meeting of City Commission which enacted the amendment.
(D) An amended ordinance with a delayed effective date remains unchanged with respect to that amendment if the ordinance making the amendment is repealed at the same or at a subsequent meeting of City Commission as long as the repealing ordinance takes effect prior to the effective date of the original amendment.
(E) No other action of City Commission repealing a repealer or an amendment shall have the effect of reviving the original language of the repealer or amendment as the case may be. (KRS 446.100)
§ 10.09 RIGHTS AND LIABILITIES ACCRUING BEFORE REPEAL OF
No new ordinance shall be construed to repeal a former ordinance as to any offense committed against a former ordinance, nor as to any act done, or penalty, forfeiture, or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture, or punishment so incurred, or any right accrued or claim arising before the new ordinance takes effect, except that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of such proceedings. If any penalty, forfeiture, or punishment is mitigated by any provision of the new ordinance, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new ordinance takes effect. (KRS 446.110)
§ 10.10 CONSTRUCTION OF SECTION REFERENCES.
(A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of section, such reference shall be construed to mean a violation of any provision of the section or sections included in the reference.
(B) References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code.
(C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
§ 10.11 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
§ 10.12 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code or ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.13 ORDINANCES SAVED.
Whenever an ordinance by its nature either authorizes or enables the
City Commission, or a certain city officer or employee, to make additional ordinances or regulations for the purpose of carrying out the intent of the ordinance, all ordinances and regulations of a similar nature serving such purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
§ 10.14 AMENDMENTS TO CODE; AMENDATORY LANGUAGE.
(A) Any chapter, section, or division amended or added to this code by ordinances passed subsequent to this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein. Any chapter, section, or division repealed by subsequent ordinances may be excluded from this code by omission from reprinted pages. Subsequent ordinances as printed or omitted shall be prima facie evidence of such subsequent ordinances until City Commission shall adopt a new code of ordinances.
(B) The method of amendment set forth in 30.82 should be used by the city to amend, add, or repeal a chapter, section, or division of this code of ordinances.
§ 10.15 CONFLICTION PROVISIONS.
If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be so construed as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
§ 10.16 REFERENCE TO OFFICES.
Reference to a public office, officer, position of employment or employee shall be deemed to apply to any office, officer, position of employment or employee of the city exercising the powers, duties, or functions contemplated in the provisions of any ordinance, resolution, order, or policy of the city, irrespective of any transfer of functions or change in the official title of such officer of employee.
(Am.Ord.94-10, passed 11-16-94)
§ 10.17 ERRORS AND OMISSIONS.
If a manifest error be discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intention, the spelling shall be corrected, and the word or words supplied, omitted, or substituted as will conform with the manifest intention , and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
§ 10.18 HISTORICAL AND STATUTORY REFERENCES.
(A) As histories for the code section, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15 passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
(B) If a KRS cite is included in the history, this indicates that the text of the section reads word-for-word the same as the statute. Example: (KRS 83A.090) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). If a KRS cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information.
§ 31.10 MAYOR.
The executive authority of the city shall be vested in and exercised by the Mayor.
(Ord. 10, passed 1-1-80)
For powers and duties of the Mayor, see KRS 83A.130
§ 10.99 GENERAL PENALTY.
Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty of fine or imprisonment is otherwise provided, the offender shall be fined not more than $500 for each offense or violation.
TITLE III: ADMINISTRATION
30. MAYOR, CITY COMMISSION, AND CITY OFFICIALS
31. POLICE AND FIRE DEPARTMENTS
32. PUBLIC RECORDS
CHAPTER 30: MAYOR, CITY COMMISSION, AND CITY OFFICIALS
Form of Government
30.01 Form of government
30.02 Governing officers
30.20 Election procedure
30.21 Mayor; Mayor Pro Tem
30.23 Commission vacancies
30.24 Powers and duties of commissioners
30.25 Oath; bond
30.27 Removal from office
Rules of Procedure
30.40 Mayor as Presiding Officer
Non-elected City Officials
30.60 Establishment of non-elected city offices
30.61 City Clerk-Treasurer/Tax Collector
30.62 City Attorney
30.63 Superintendent of Sewer and Water
30.80 One subject; title
30.81 introduction; enacting clause
30.82 Form of amendment
30.83 Reading requirement; exception for emergency
30.84 Adoption of standard codes by references
30.85 Official city records
30.86 Indexing and maintenance requirements
30.87 Publication requirements
30.88 Additional requirements for adoption may be established by city
30.89 Periodic review required
30.90 Municipal orders
30.91 Proved by City Clerk-Treasurer/Tax Collector; received in evidence
30.92 Legislative immunity
FORM OF GOVERNMENT
§ 30.01 FORM OF GOVERNMENT
The form of government provided in this chapter shall be known as the "Commission Plan." (KRS 83A.140 (1))
§ 30.02 GOVERNING OFFICERS.
(A) The city shall be governed by an elected officer who shall be called Mayor and by elected legislative body members who shall be called City Commissioners and which together shall be know as the City Commission and by such other officers and employees as may be provided for by statute or city ordinance. (KRS 83A.140 (2))
(B) The City Commission shall be composed of the Mayor and four Commissioners. (KRS 83A.030 (2))
§ 30.03 Administrative Service Functions
(A) Pursuant to KRS 83A.140(6), the administrative and service functions of the city shall be classified under five (5) departments. The departments shall be known as: Administration, Community Development, Finance, Public Safety and Public Works. The functions of each department shall be set forth in this chapter.
(B) Subject to the budget therefore and the legislative, executive, and administrative authority of the City Commission and all other laws and regulations of any governmental agency having jurisdiction, the directors of the departments established under this subchapter shall have the duty and responsibility for the general operation of the department which he or she directs and of the organization and supervision of
the use of all funds, services, labor, equipment, and material provided by the City Commission to accomplish the functions described herein.
(C) The duty and responsibility of the directors of these departments shall be to serve as a liaison between the City Commission and the department, which he or she directs. Each director shall report verbally t the Commission once a month as to condition of his regard to the manner in which the functions of these respective departments are being accomplished shall be provided.
(D) The duties and responsibilities of the employees of each department established under this ordinance shall be to accomplish the work assigned to them by the head of the department in which they are employed or any authorized delegate thereof, but subject to the legislative, executive, and administrative authority of the City Commission and the laws and regulations of any other governmental agency having jurisdiction.
(E) There is hereby established the following departments:
(1) The function of the Administration Department shall be:
(a) To administer and enforce the ordinances, regulations and policies of
the city pertaining to city employees, including the City’s Personnel Policies and Procedures manual ;
(b) To review the city’s personnel code on a frequent basis and to make
recommendations to the Commission pertaining thereto;
(C) To act as liaison between the employees and the Commission
regarding any suggestions or complaints brought by an employee;
(D) To address issues which may arise in connection with the city’s
personnel code and to investigate any violations or non-compliance
(E) To oversee the City’s compliance with all equal access, equal
employment opportunity and other laws relating to
(F) To conduct an annual inventory of the city’s property.
(2) The function of the Department of Community Development shall be:
(a) To supervise and coordinate the efforts of the City in attracting
business to and development within the city and in retaining existing
(b) To create an environment conducive to the orderly and positive
growth of the city;
(c) To coordinate the beautification, preservation and celebratory
activities of the city and to assist those boards, committees and
civic groups engaged in such activities.
(d) To act as liaison between the city and Henry County Planning and
(3) The function of the Department of Finance shall be to provide the
(a) The identification and analysis of all sources of revenue including,
but not limited to, taxes, license, fees, grants and donations, and
(b)The development and maintenance of all accounting and financial
procedures and records which are either requires by law or necessary
for the responsible fiscal operation and administration of the city
including, but not limited to, the development and implementation of
an annual budget therefore.
(4) The function of the Department of Public Safety shall be to oversee and
administer the New Castle Police Department, the New Castle Volunteer
Fire Department, and to oversee the efforts of the city in the areas of
emergency services and animal control.
(5) The function of the Department of Public Works shall be:
(a) To oversee and the development and maintenance of the city’s public
works including streets, sidewalks, and public ways, water system,
wastewater collection and treatment, storm drainage, sanitation and
garbage collection, snow removal, street cleaning, street lighting,
mowing and maintenance of the city’s property, and
(b) To oversee the offering, bidding, advertisement and acceptance of
any utility franchise granted by the city.
(Ord.#03-03 adopted 5-14-03; Ord.#04-01 adopted 2-11-04)
§ 30.20 ELECTION PROCEDURE
(A) The election of the Mayor and Commission members shall be nonpartisan as provided by KRS 83A.170 and 83A.175.
(B) The city may change the manner of election of city officers within the provisions of division of this section by ordinance, except that no change shall be made earlier than five years from the last change.
(C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally.
(D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and Commissioners may not be abolished.
(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
(F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.
(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.
Election of city officers, see KRS 83A.050
Creation, abolishment of city offices, see KRS 83A.080(3), (4)
§ 30.21 MAYOR; MAYOR PRO TEM.
(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. His term of office begins on the first day of January following his election and shall be for four years and until his successor qualifies.
(B) Qualifications. The Mayor shall be at least 25 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.
(C) Vacancy. If a vacancy occurs in the office of Mayor, the Commission shall fill the vacancy within 30 days. If for any reason, any vacancy in the office of Mayor is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed.
(D) Absence/disabilities. When the Mayor of the City of New Castle, Kentucky is unable to perform his executive or administrative duties for the city because of temporarily absence or disability, the responsibility for performing those functions shall be delegated by the Mayor pursuant to KRS 83 A. 130(7). Provided, however, under those circumstances set forth above, the functions of approving ordinances and of promulgating administrative procedures shall be delegated to a Commission member pursuant to KRS 83A.130(10). Further, provided, the responsibility of presiding over meetings of the Commission shall be fulfilled by a member of the City Commission pursuant to KRS 83A.130(10). (Ord. #05-10, adopted 11-07-05)
(E) Powers and duties.
(1) The Mayor shall preside at all meetings of the Commission and may vote
in all proceedings.
(2) All bonds, notes, contracts, and written obligations of the city authorized
by ordinance or resolution shall be executed by the Mayor on behalf of the
city. (KRS 83A.140 (4))
(F) Mayor Pro Tem.
(1) The Commission shall designate one City Commissioner to serve as
Mayor Pro-Tem. The Mayor Pro-Tem shall act for the Mayor whenever
the Mayor is unable to attend to the duties of his office and he shall then
possess all rights, powers, and duties of Mayor.
(2) If the disability of the Mayor to attend to his duties continues for 60
consecutive days, the office of Mayor may be declared vacant by a
majority vote of the Commission membership, and the provisions of
division (C) above shall apply. (KRS 83A.140 (4))
§ 30.22 COMMISSIONERS.
(A) Election; term of office. Each Commissioner shall be elected at-large by the voters of the city at a regular election. Terms of office begin on the first day of January following his election and are for two years, except as provided by § 30.20.
(B) Qualifications. A member shall be at least 21 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.
(KRS 83A.140 (3), (4)
(C) Compensation. For provisions concerning compensation, see § 30.26.
§ 30.23 COMMISSION VACANCIES.
(A) Vacancies. If one or more vacancies on the Commission occur in a way that one or more members remain seated, the remaining members shall within 30 days fill the vacancies one at a time, giving each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled. If vacancies occur in a way that all seats become vacant, the Governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies shall be filled as provided in this section.
(B) Failure to fill vacancies. If for any reason, any vacancy in the Commission is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed. (KRS 83A.040 (5))
Filling of vacancies for nonpartisan city office, see KRS 83A.175
§ 30.24 POWERS AND DUTIES OF COMMISSIONERS.
(A) All legislative, executive, and administrative authority of the city is hereby vested in and exercised by the Commission. The Commission shall enforce the Commission Plan, ordinances and orders of the city, and all applicable statutes.
(1) The Commission shall maintain liaison with related units of local
government respecting inter-local contracting and joint activities .
(2) The Commission shall supervise all departments of city government
and the conduct of all city officers and employees under its jurisdiction and
may require each department to make such reports to it as it finds necessary.
(3) The Commission shall report to the public on the condition and
needs of the city government as provided by ordinance, but not less than
annually. (KRS 83A.140 (8))
(B) In carrying out its duty to supervise the departments of city government and the conduct of all city officers and employees under its jurisdiction, the Commission may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his official duties. (KRS 83A.140 (5))
(C) The Commission shall by ordinance establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare. (KRS 83.140 (8))
(D) The Commission shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statute, ordinance, or order. (KRS 83A.140 (8))
(E) The Commission shall by ordinance provide for sufficient revenue to operate city government and shall appropriate such funds in a budget which shall provide for the orderly management of the city's resources. (KRS 83A.140 (8))
§ 30.25 OATH; BOND.
(A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the
Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of ______________________, according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God", as established by section 228 of the Kentucky Constitution.
(B) Bond. Official bonds shall, if required, meet the standards of KRS 62.060.
§ 30.26 COMPENSATION
(A) The Commission shall by ordinance fix the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected. An elected officer's compensation shall not be changed after his election or during his term of office.
(1) In order to equate the compensation of the Mayor and
Commissioners with the purchasing power of the dollar, the State and Finance and Administration Cabinet computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor and Commissioners shall be paid at a rate no greater than $7,200 per annum.
(2) The Commission shall set the compensation of these officers in
accordance with KRS 83A.070 at a rate no greater than that stipulated by
the State Finance and Administration Cabinet.
(B) The Commission shall fix the compensation of each appointed city officer in the ordinance that creates the office and may change it by ordinance.
(C) The Commission shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.
(D) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.
(E) The compensation for a city commissioner shall be $150.00 per month. The compensation for mayor shall be $175.00 per month. (Ord. 96-3, passed 5-1-96. Ord. 13-07, passed 9/18/13)
Compensation, see KRS 83A.070 and 83A.075
§ 30.27 REMOVAL FROM OFFICE.
(A) Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the Commission exclusive of any member to be removed, who shall not vote in the deliberation of his removal.
(B) Non-elected officers. Non-elected city officers may be removed by the Commission at will, unless otherwise provided by state law.
Removal of elected officers, see KRS 83A.040 (6)
Removal of non-elected officers, see KRS 83A.080 (2)
RULES OF PROCEDURE
§ 30.40 MAYOR AS PRESIDING OFFICER.
The Mayor shall preside at all meetings of the Commission and may vote in all proceedings. (KRS 93A.140 (4))
Vacancy in office of Mayor; Mayor Pro Tem, see 30.21(C), (E)
§ 30.41 MEETINGS.
(A) Regular meetings of the Commission shall be held on the first Monday of each month at 7:00 pm, prevailing time, at the New Castle City Hall, 31 East Cross Main Street, New Castle, Kentucky. The regular September meeting shall be held on the second Monday thereof. In the event that the first Monday of the month falls on New Year’s Day or Declaration Day, the regular monthly meeting shall be held on the second Monday of that month.
(Ord. #03-13, passed 11-12-03; Ord. #07-01, passed 4-2-07; Ord. 13-01, passed 2-13-13)
(B) Special meetings may be called by the Mayor or a majority of the City Commissioners. In the call, the Mayor or City Commissioners shall designate the purpose, time, and place of the special meeting with sufficient notice for the attendance of Commission members and for compliance with KRS Chapter 61.
(C) At a special meeting no business may be considered other than that set forth in the designation of purpose.
(D) The minutes of every meeting shall be signed by the person responsible for maintaining city records as provided under 30.61 (KRS 83A.060 (6))
§ 30.42 QUORUM.
Unless otherwise provided by statute, a majority of the Commission constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.
(KRS 83A.060 (6))
NON-ELECTED CITY OFFICIALS
§ 30.60 ESTABLISHMENT OF NON-ELECTED CITY OFFICES.
(A) All non-elected city offices shall be created by ordinances which shall specify:
(1) Title of office;
(2) Powers and duties of office;
(3) Oath of office;
(4) Bond, if required; and
(B) All non-elected city officers shall be appointed by the Commission.
(C) All non-elected officers may be may be removed by the Commission at will unless otherwise provided by statute.
(D) The following are non-elected city offices:
(1) City Clerk-Treasurer/Tax Collector.
(2) City Attorney.
Non-elected city offices, see KRS 83A.080 (1), (2)
§ 30.61 CITY CLERK-TREASURER/TAX COLLECTOR.
(A) The city hereby establishes the office of the City Clerk-Treasurer/Tax Collector.
(B) The duties and responsibilities of the City Clerk-Treasurer/Tax Collector shall include, but are not limited to the following:
(1) Maintenance and safekeeping of the permanent records of the city;
(2) Performance of the duties required of the "official custodian" or "custodian"
pursuant to KRS 61.870 through 61.882;
(3) Possession of the seal of the city if used; and
(4) Performance of any other duties and responsibilities required of the City
Clerk-Treasurer/Tax Collector by statute or ordinance. (KRS 83A.085)
(C) Compensation shall be in the amount as established by the City Commission from time to time as set forth in 30.26.
(D) No person shall be appointed or act as the City Clerk-Treasurer/Tax Collector unless such person has taken the oath required by section 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, if required, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.
§ 30.62 CITY ATTORNEY.
(A) There is hereby established the office of City Attorney.
(B) The City Commission shall appoint a City Attorney who shall be the general law officer and legal counsel of the city. The City Commission may remove the City Attorney at will. He shall be an attorney licensed to practice in the Commonwealth of Kentucky. He shall be chosen solely on the basis of his legal qualifications, with special emphasis and administrative law. The City Attorney may also engage in the private practice of law and may hold other public or private employment.
(C) The City Attorney shall have and exercise all powers and duties assigned to him by statute, this chapter, and such other municipal responsibilities delegated from time to time. He shall attend all meetings of the City Commission except budget meetings at which his presence is not specifically requested, shall advise the Mayor, the City Commission and all other city officers and employees in all legal matters pertaining to their municipal duties or affecting the interests of the city, shall appear for and defend the city in all legal actions and administrative proceedings in which the city is a party or is interested, shall institute legal action for and in behalf of the city wherever necessary for protection or enforcement of rights or interests of the city, shall prepare and examine ordinances, resolutions, orders, and legal instruments as the Commission by direct, and generally shall attend to all legal business of the city.
(D) In addition to the retainer fixed for City Attorney by resolution of the City Commission, the City Attorney shall receive additional compensation as an independent contractor for all extraordinary services, including appearances in legal actions and administrative proceedings and hearings involving the city, municipal bond issues, real estate acquisitions and dispositions, and other matters beyond the scope of usual legal counsel to the city or requiring an unusual amount of time. For such extraordinary services, the City Attorney shall be paid reasonable fees commensurate with the amount and value of time devoted thereto, based upon charges made by other attorneys for comparable legal services.
(E) No person shall be appointed or act as City Attorney unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided a bond in the sum as established by the City Commission, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.
§ 30.80 ONE SUBJECT; TITLE.
Each ordinance shall embrace but one subject and shall have a title which clearly state the subject. (KRS 83A.060 (1))
§ 30.81 INTRODUCTION; ENACTING CLAUSE.
Each ordinance shall be introduced in writing and shall have an enacting clause styled "Be it ordained by the City of New Castle." (KRS 83A.060 (2))
§ 30.82 FORM OF AMENDMENT.
No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line drawn underneath them, and any words being deleted by a single broken line drawn through them. (KRS 83A.060 (3))
§ 30.83 READING REQUIREMENT; EXCEPTION FOR EMERGENCY.
(A) Except as provided in division (B) of this section, no ordinance shall be enacted until it has been read on two separate days. The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.
(B) In an emergency, upon the affirmative vote of two-thirds of the membership, the Commission may suspend the requirements of second reading and publication in order for an emergency in the ordinance. Publication requirements of 30.87 shall be complied with within ten days of the enactment of the emergency ordinance.
(KRS 83A.060 (4), (7))
§ 30.84 ADOPTION OF STANDARD CODES BY REFERENCES
The Commission may adopt the provisions of any local, statewide, or nationally recognized standard code and codifications of entire bodies of local legislation by an ordinance which identifies the subject matter by title, source, and date and incorporates the adopted provisions by reference without setting them out in full, provided of the permanent records of the city. (KRS 83A.060 (5))
§ 30.85 OFFICIAL CITY RECORDS
(A) Every action of the Commission is hereby made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the Commission shall be entered on the official record of the meeting.
(B) The Commission has provided, under the provisions of 30.61 (A) and 80.86, for the maintenance and safekeeping of the permanent records of the city. The City Clerk-Treasurer/Tax Collector and the presiding officer sign the official record of each meeting. (KRS 83A.060 (8))
§ 30.86 INDEXING AND MAINTENANCE REQUIREMENTS.
At the end of each month, all ordinances adopted by the city shall be indexed and maintained by the City Clerk-Treasurer/Tax Collector in the following manner:
(A) The city budget, appropriations of money, and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.
(B) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and maintained in this code of ordinances.
(KRS 83A.060 (8))
§ 30.87 PUBLICATION REQUIREMENTS.
At the end of each month, all ordinances adopted by the city shall be indexed and maintained by the City Clerk-Treasure/Tax Collector in the following manner:
(A) The city budget, appropriations of money, and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.
(B) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and maintained in this code of ordinances.
(KRS 83A.060 (8))
(C) The publication requirements for all other ordinances, including all bond and zoning ordinances, may be satisfied by publication in full or in summary as designated by the Commission.
(D) The requirements for summary publication may be satisfied by publication of the title and a certified summary of the contents prepared by an attorney licensed to practice law in the Commonwealth of Kentucky.
(E) Ordinances that include descriptions of real property may include a sketch, drawing, or map, including common landmarks such as streets or roads, in lieu of metes and bounds descriptions. (KRS 83A.060 (9))
§ 30.88 ADDITIONAL REQUIREMENTS FOR ADOPTION MAY BE ESTABLISHED BY CITY.
The city may, by ordinances, specify additional requirements for adoption of ordinances in greater detail than contained herein, but the city may not lessen or reduce the substantial requirements of this chapter or any statute relating to adoption of ordinances. (KRS 83A.060 (10))
§ 30.89 PERIODIC REVIEW REQUIRED.
Not less than once every five years all ordinances in this code of ordinances shall be examined for consistency with state law and with one another and shall be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.
(KRS 83A.060 (11))
§ 30.90 MUNICIPAL ORDERS.
(A) The Commission may adopt municipal orders. All municipal orders shall be in writing and shall be adopted only at an official meeting. Orders may be amended only by a subsequent municipal order or ordinance. All orders adopted shall be maintained in an official order book.
(B) In lieu of an ordinance, municipal orders may be used for matters relating to the internal operation and functions of the city and to appoint or remove or approve appointment or removal of members of boards, commissions, and other agencies over which the Commission has control. (KRS 83A.060 (12), (13))
§ 30.91 PROVIDED BY CITY CLERK-TREASURER/TAX COLLECTOR; RECEIVED IN EVIDENTCE.
All ordinances and orders of the city may be proved by the signature of the City Clerk-Treasurer/Tax Collector; and when the ordinances are placed in this code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of such ordinances.
§ 30.92 LEGISLATIVE IMMUNITY.
For anything said in debate, City Commissioners shall be entitled to the same immunities and protections allowed to members of the General Assembly.
(KRS 83A.060 (15))
Privileges of members of General Assembly, see KRS 6.050 and Ky. Const. 43
CHAPTER 31: POLICE DEPARTMENT AND FIRE DEPARTMENT
31.02 Police officers
Volunteer Fire Department
31.21 Fire Chief
§ 31.01 ESTABLISHMENT
There is hereby established a Police Department in the city.
§ 31.02 POLICE OFFICERS.
(A) The Police Department shall consist of such number of regular police officers as may be authorized by the City Commission from time to time.
(B) The police officers shall be appointed by the City Commission at will, and may be removed by the City Commission at will except as tenure and terms of employment are protected by statute, ordinance, or contract.
(C) Training and experience shall consist of any combination of education, training, and experience which provides the necessary knowledge, skills, and abilities to perform effectively the duties of the position.
(D) The compensation of the police officers shall be in an amount to be established by the City Commission by ordinances in accordance with 30.26 of this code of ordinances.
VOLUNTEER FIRE DEPARTMENT
§ 31.20 ESTABLISHMENT.
A Fire Department is hereby established in the city to be known as the New Castle Volunteer Fire Department.
§ 31.21 FIRE CHIEF
(A) The position of Fire Chief is hereby established.
(B) The Fire Chief shall be elected by the members of the Volunteer Fire Department.
(C) The Volunteer Fire Department shall operate pursuant to rules and regulations promulgated by the Volunteer Fire Department.
CHAPTER 32: PUBLIC RECORDS
Procedures for Requesting Public Records
32.05 Initial request with immediate inspection
32.06 referral to proper custodian
32.07 Public records not immediately available
32.08 Refusal of unreasonable requests
32.09 Time limitation; denial of inspection
32.10 Concealing or destroying records prohibited
32.11 Access to records relating to particular individual
32.12 Public records protected from disclosure
§ 32.01 DEFINITIONS.
For purpose of this chapter the following words and phrased shall have the following meanings ascribed to them respectively:
"CITY" The city government of this city.
"CUSTODIAN." The official custodian or any authorized person having personal custody and control of public records of "CUSTODIAN" having personal custody of most of the public records of this city is the City Clerk-Treasurer/Tax Collector.
"OFFICIAL CUSTODIAN." The chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care, and keeping of public records, regardless of whether such records are in his actual personal custody and control. The"OFFICIAL CUSTODIAN" of this city shall be the Mayor.
"PERSON." A human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records.
"PUBLIC AGENCY." The city governing body, and any other municipal department, board, commission, committee, subcommittee, ad hoc committee, council, or agency thereof.
"PUBLIC RECORDS." All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, or retained by a public agency. "PUBLIC RECORDS" shall not include any records owned by a private person or corporation that are not related to functions, activities, programs, or operations funded by state or local authority nor any records that have been excluded by § 32.12.
"REASONABLE FEE" or "FEE." The fair payment required by a public agency for making copies of public records which shall not exceed the actual cost thereof and shall not include the cost of staff time required.
"REQUEST." An oral petition by any person or, at the option of the custodian, the completion of a written application that clearly states the specific public record or records that are desired for inspection or duplication. (KRS 61.870)
PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 32.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.
(A) As defined in 32.01, and subject to the limitations set forth in § 32.12, any person desiring to inspect or copy the public records of this city shall make a request
or complete a written application for such records at the office of the City Clerk-Treasurer/Tax Collector during regular office hours, except during legal holidays. (KRS 61.872 (2))
(B) If the custodian determines that a person's request is in compliance with the open record law and the requested records are immediately available, the custodian shall deliver the records for the inspection. Suitable facilities shall be made available in the office of the City Clerk-Treasurer/Tax Collector for the inspection. No person shall
remove original copies of public records form the offices of any public agency without the written permission of the official custodian of the record.
(KRS 61.872 (1))
(C) The applicant shall have the right to make abstracts of the public records and to obtain copies of all written public records. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in § 32.01. (KRS 61.874 (1))
§ 32.06 REFERRAL TO PROPER CUSTODIAN.
If the City Clerk-Treasurer/Tax Collector does not have custody or control of the public record or records requested, the City Clerk-Treasurer/Tax Collector shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known to him. (KRS 61.872 (3))
§ 32.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.
If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately so notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed three days (excepting Saturdays, Sundays, and legal holidays) from receipt of the application unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection of duplication. (KRS 61.872 (4))
§ 32.08 REFUSAL OF UNREASONABLE REQUESTS.
If the application places an unreasonable burden in producing voluminous public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records. However, refusal under this section must be sustained by clear and convincing evidence.
(KRS 61.872 (5))
§ 32.09 TIME LIMITATION; DENIAL OF INSPECTION.
(A) The official custodian, upon any request for records made under this chapter, shall determine within three days (excepting Saturdays, Sundays, and legal holidays)
after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three-day period of its decision.
Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority and shall constitute final agency action.
(B) A copy of the written response denying inspection of a public record shall be forwarded immediately by the city to the Attorney General of the Commonwealth of Kentucky. Upon the Attorney General's request, the agency will provide additional documentation.
(C) If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspections, the agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General's opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action.
§ 32.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.
No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.
§ 32.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.
Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of § 32.12 of these rules and regulations. (KRS 61.884)
§ 32.12 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.
(A) The following public records are excluded from the application of this chapter and these rules and regulations and shall be subject to inspection only upon order of a court of competent jurisdiction:
(1) Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
(2) Records confidentially disclosed to an agency and compiled and
maintained for scientific research; the regulation of commercial
enterprises, including mineral exploration records, unpatented, secret
commercially valuable plans, appliances, formulae, or processes which
are used for the making, preparing, compounding, treating, or
processing of articles or materials which are trade commodities
obtained form a person, and which are generally recognized as
confidential; or for the grant or review of a license to do business.
which, if openly disclosed, would permit an unfair advantage to
competitors of the subject enterprise. This exemption shall not,
however, apply to records the disclosure or publication of which is
directed by other statute.
(3) Public records pertaining to a prospective location of a
business or industry where no previous public disclosure has been
made of the business' or industry's interest in locating in, relocating
within, or expanding within the Commonwealth. This exemption shall
not include those records pertaining to applications to agencies for
permits or licenses necessary to do business or to expand business
operations within the state, except as provided in division (A) (2)
(4) The contents of real estate appraisals or engineering or feasibility
estimates and evaluations made by or for a public agency relative to
the acquisition of property, until such time as all of the property has
been acquired. The law of eminent domain shall not be affected by this
(5) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for
employment, or academic examination before the exam is given or if it
is to be given again.
(6) Records of law enforcement agencies or agencies involved
in administrative adjudication that were compiled in the process of
detecting and investigating statutory or regulatory violations, if the
disclosure of the information would harm the agency by revealing the
identity of informants not otherwise known or by premature release of
information to be used in a prospective law enforcement action or
administrative adjudication. Unless exempted by other provisions of
this chapter, public records exempted under this provision shall be open
after enforcement action is completed or a decision is made to take no
action. The exemptions provided by this subdivision shall not be used
by the custodian of the records to delay or impede the exercise of rights
granted by this chapter.
(7) Preliminary drafts, notes, or correspondence with private individuals,
other than correspondence which is intended to give notice of final
action of a public agency.
(8) Preliminary recommendations and preliminary memoranda in which
opinions are expressed or policies formulated or recommended.
(9) All public records or information the disclosure of which is prohibited
by federal law or regulation.
(10) Public records or information the disclosure of which is prohibited or
restricted or otherwise made confidential by enactment of the
(B) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible on register to inspect and copy any record, including preliminary and other supporting documentation, that relates to him. Such records shall include, but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A municipal employee, applicant, or eligible shall not have the right to inspect or copy any examination. (KRS 61.878)
CHAPTER 33: CITATION OFFICER
§ 33.01 ESTABLISHMENT.
Pursuant to KRS 83A.087, the city hereby establishes the position of citation officer subject to the provisions of this chapter and the Kentucky Revised Statutes. The city shall appoint a citation officer on a contractual basis.
§ 33.02 POWERS.
Citation offers shall not have the powers of peace officers to make arrests or carry deadly weapons, but may issue citations and notices of violation upon observation of violations of city ordinances and non-moving vehicle offenses.
§ 33.03 PROCEDURE.
The procedure for the issuance of citations by a citation officer shall be as provided in KRS 431.015. Citation officers shall carry identification and shall so identify themselves immediately to any member of the public while enforcing any ordinance of the city.
§ 33.04 POWER OF CITATION OFFICER TO MAKE ARREST.
This ordinance shall not be a limitation on the power of a citation officer to make an arrest as a private person as provided in KRS 431.005. This subchapter shall not be the exclusive means for enforcement of city ordinances, and citation officers are not limited to the use of criminal citations, but may swear out complaints in lieu of citations and may issue citations for civil violations of city ordinances.
Enacted this 7th day of May 2012.
TITLE V: PUBLIC HEALTH AND SAFETY
50. FIRE PREVENTION
51. WATER AND SEWERS
52. TRAFFIC CODE
53. STREETS AND SIDEWALKS
54. CURFEW FOR JUVENILES
Chapter 50: FIRE PREVENTION
50.01 State Standards of Safety adopted
50.02 Compliance with regulations required
50.03 Application of chapter
50.04 Effect on existing structures
50.20 Permit required for open fire
50.21 Permit required for burning on construction or demolition sites
50.22 Location and containment of open fires
50.23 Constant attention to open fires required
50.24 Garden hose or fire extinguishment devices required
50.25 Authority to prohibit open fires
50.40 Blasting permit
50.41 Storage of flammables and other matter
§ 50.01 STATE STANDARDS OF SAFETY ADOPTED.
(A) The most current edition of the State Standards of Safety, and all codes a part thereof, as promulgated by the office of the State Fire Marshal of the Department of Insurance of the Commonwealth of Kentucky, is hereby adopted in full as an ordinance of the city, as if set out at length herein; a copy of which is on file in the office of the City Clerk-Treasurer/Tax Collector.
(B) The City Clerk-Treasurer/Tax Collector shall at all times keep in his possession for reference a copy of the most current edition of the Standards of Safety.
(C) An attested copy of this section shall be transmitted to the office of State Fire Marshal and the rates section of the Department of Insurance of the Commonwealth of Kentucky.
§ 50.02 COMPLIANCE WITH REGULATIONS REQUIRED.
It shall be unlawful for any person to violate any of the provisions of this chapter; to permit or maintain any violation; to refuse to obey any provision thereof; or to fail or refuse to comply with any provision or regulation, except that variations may be allowed by the Chief of the Volunteer Fire Department in writing and signed by him. Proof of any unlawful act or failure to act shall be deemed prima facie evidence that the act is that of the owner and of the occupant. Prosecution or lack thereof against either the owner or the occupant shall not be deemed to relieve the other from responsibility or from prosecution for the violation of this chapter. Penalty, see § 50.99
§ 50.03 APPLICATION OF CHAPTER.
This chapter shall apply to both public and privately-owned property; and to all new structures, their owners and occupants, including buildings, structures, and equipment; and, except as otherwise specified, to existing structures and their occupants, including buildings, structures, and equipment which constitute a clear and present hazard to life or to property.
§ 50.04 EFFECT ON EXISTING STRUCTURES.
Existing structures, facilities, and installations as may be covered by regulations promulgated under the authority of this chapter in service or under construction as of the effective date of this chapter and which are not in strict compliance with the terms of this chapter, may be continued or placed in use, provided these do not constitute a distinct hazard to life or adjoining property. When the Chief of the Volunteer Fire Department deems that the continued use will constitute a distinct hazard to life or adjoining property, he shall notify the owner or operator and specify his reason in writing.
§ 50.20 PERMIT REQUIRED FOR OPEN FIRE.
No person, firm, corporation, or agent thereof may kindle or maintain any open fire, except an outdoor cooking fire of appropriate size, or authorize any fire to be kindled or maintained without first obtaining a permit from the Fire Chief or his designee. Penalty, see § 50.99
§ 50.21 PERMIT REQUIRED FOR BURNING ON CONSTRUCTION OR DEMOLITION SITES.
During the construction or demolition of buildings or other structures, no waste materials or rubbish shall be disposed of burning on the premises or in the immediate vicinity without a permit or other proper authorization. Penalty, see § 50.99
§ 50.22 LOCATION AND CONTAINMENT OF OPEN FIRES.
No person, firm, corporation, or agent thereof may kindle or maintain any open fire or authorize any such fire to be kindled or maintained unless the location is not less than 50 feet form any structure and adequate provision is made to prevent fire from spreading closer than 50 feet to any structure; or the fire is contained in an adequate and approved waste burner located safely not less than 25 feet from any structure.
Penalty, see § 50.99
§ 50.23 CONSTANT ATTENTION TO OPEN FIRES REQUIRED.
Open fires shall be constantly attended by a competent person not less than 18 years of age. Penalty, see 50.99
§ 50.24 GARDEN HOSE OR FIRE EXTINGUISHMENT DEVICES REQUIRED.
A garden hose connected to a water supply or other fire extinguishment equipment must be readily available for use within ten feet of any open fires.
Penalty, see § 50.99
§ 50.25 AUTHORITY TO PROHIBIT OPEN FIRES.
The Fire Chief or his designee may prohibit any or all open fires when natural conditions, the materials being burned, or local circumstances make these fires potentially hazardous or harmful.
§ 50.40 BLASTING PERMIT
No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the Chief of Police. The Chief of Police, before granting such permit may require the applicant to provide a bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting. Penalty, see 50.99
§ 50.41 STORAGE OF FLAMMABLES AND OTHER MATTER.
(A) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.
(B) Waste paper, ashes, oil rags, waste rags, excelsior, or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials.
(C) No matter shall be stored or arranged in a manner which impedes or prevents access to or exit form any premises in case of fire. Penalty, see § 50.99
§ 50.99 PENALTY
Any person who violates any provision of this chapter shall be fined not more than $500.
Chapter 51: WATER AND SEWERS
§ 51.001 Definitions
§ 51.002 Damaging, destroying waterworks facilities prohibited
§ 51.003 State law incorporated by reference
§ 51.004 Classification of sewer permits
Use of Public Sewers Required
§ 51.015 Prohibition of unlawful disposal
§ 51.016 Disposal boundaries
§ 51.017 Forbidden sewage facilities
§ 51.018 Required waste facilities and sewer connections
§ 51.030 Permit required; fees
§ 51.031 Excavations
§ 51.032 Use of water for building purposed to be metered; meter deposit
§ 51.033 Separate sewer for each building; exception
§ 51.034 Connection of new building to old sewer
§ 51.035 Specifications for building sewers
§ 51.036 Source of surface runoff or groundwater not to be connected to new
§ 51.037 Inspections
§ 51.050 Connections to meet city regulations
§ 51.051 When connection to public sewer system required
§ 51.052 Water and sewer taps; illegal tap-ins
§ 51.053 Owner to provide suitable toilet facilitates for connection
§ 51.054 Connections to be conveniently located with respect to city lines and
§ 51.055 Storm water drain connection prohibited
§ 51.056 Cost of connection
§ 51.070 Prohibited when connection to public sewer system available
§ 51.071 Private connection requirements
§ 51.072 Permit procurement
§ 51.073 Construction inspection
§ 51.074 Construction compliance
§ 51.075 Governing authority
§ 51.076 Maintenance responsibility
§ 51.077 Subsequent sewer availability
§ 51.090 Right to purchase, use water
§ 51.091 Application for service
§ 51.092 Water to be used for domestic consumption only; resale prohibited
§ 51.093 Customers with boilers or pressure vessels
§ 51.094 Use by city; use for public purpose
§ 51.110 Meter deposit
§ 51.111 Meters installed, maintained at expense of city
§ 51.112 Testing meters; fee
§ 51.113 Defective meter; determination of water consumption
§ 51.114 Use of water supplied on other than metered basis
§ 51.115 Use of water not being discharged into sewer facilities; special
§ 51.130 Deposits of garbage, wastes to non-sewer facilities prohibited
§ 51.131 Inflammable substances, substances which might cause obstructions
§ 51.132 Discharge of unpolluted waters
§ 51.133 Prohibited discharges
§ 51.134 Certain discharges restricted
§ 51.135 Compliance with federal and state guidelines required
§ 51.136 Grease, oil, and sand interceptors
§ 51.137 Maintenance of pretreatment facilities
§ 51.138 Structures for sampling, observation may be required by city
§ 51.139 "Standard Methods for Examination of Water and Wastewater" to be used
§ 51.140 User to provide discharge information
§ 51.141 Special agreements
Rates and Charges
§ 51.160 No free or reduced charge service
§ 51.161 Monthly water rates
§ 51.162 Waterworks connection charge; service charge
§ 51.163 Monthly sewer rates and charges
§ 51.164 Special rates for unusual discharges
§ 51.165 Sewer connection charge
§ 51.166 Single meter serving multi-unit premises
§ 51.167 Billing procedure; delinquent payments
Administration and Enforcement
§ 51.180 Inspections
§ 51.181 Hearing Board
§ 51.182 Use of city property for renovation of sewer system authorized
§ 51.183 Easement right-of-way to be granted by each customer
§ 51.184 City owns lines, meters, and the like
§ 51.185 Discontinuance of service
§ 51.186 Interruption of service
§ 51.187 Refusal of service
§ 51.188 Complaints
§ 51.189 Liability
§ 51.190 Amendment of regulations
Extensions of Service; Surcharges
§ 51.210 Purpose and policy
§ 51.211 Application for water and sewer service extension
§ 51.212 General criteria for extensions of service
§ 51.213 Extension serving a single customer or property
§ 51.214 Rebate policy
§ 51.215 Costs of extensions; city participation; warranty
§ 51.216 Surcharges for extensions funded by the city
§ 51.217 Severability
§ 51.300 Water Shortages
§ 51.301 Definitions
§ 51.302 Declaration of a Water Shortage Advisory
§ 51.303 Declaration of a Water Shortage Alert
§ 51.304 Declaration of a Water Shortage Emergency
§ 51.305 Shortage Water Rates
§ 51.306 Regulations
§ 51.307 Penalties
§ 51.308 Severability
§ 51.309 Effective Date
§ 51.310 Effective Period
§ 51.400 Etc.
§ 51.999 Penalty
§ 51.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"BOD (denoting BIOCHEMICAL OXYGEN DEMAND." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20`C., is expressed in milligrams per liter.
"BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
"BUILDING SEWER" or "HOUSE CONNECTION." The extension from the building drain to the public sewer or other place of disposal.
"CITY" The city of New Castle, Kentucky, acting by and through its City Commission or by and through such other body as shall be the governing body of the city under state law at any given time. (Ord. 83-6, passed 10-4-83)
"COMBINED SEWER." A sewer intended to receive both wastewater and storm surface water.
"CUSTOMER." A property owner or his agent who has agreed to purchase
water or sewer service from the city. (Ord. 83-6, passed 10-4-83)
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"FLOATABLE OIL." Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of "FLOTABLE FAT" if it is properly pretreated and the wastewater does not interfere with the collection system.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
“LATERAL LINE.” That portion of the sewer line which connects the building sewer with the main collection line of the public sewer, usually under a public street or way.
"INDUSTRIAL WASTES." The wastewater from industrial processes, trade, or business, as distinct from domestic or sanitary waste.
"NATURAL OUTLET." Any outlet, including storm sewers, sanitary sewers, and combined sewer overflows, into watercourse, pond, ditch, lake, or other body of surface or groundwater.
"PERSON." Any individual, firm, company, association, society, corporation, or group.
"pH." The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a "pH" value of 7 and a hydrogen-ion concentration of 10-7.
"PROPERLY SHREDDED GARBAGE." The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
"PUBLIC SEWER." A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority and shall include the main sewer in the street and the lateral (or service branch) to the property line.
"SANITARY SEWER." A sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not intentionally admitted.
"SEWAGE." The spent water of a community.
"SEWAGE TREATMENT PLANT." Any arrangement of devices and structures used for treating sewage.
"SEWAGE WORKS" or "SEWAGE SYSTEM." All facilities for collecting, pumping, treating, and disposing of sewage.
"SEWER." A pipe conduit that carries wastewater or drainage water.
"SLUG." Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system or performance of the wastewater treatment works.
"STORM DRAIN" or "STORM SEWER." A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
"SUPERINTENDENT." The Superintendent of Sewer and Water of the city or his authorized deputy, agent, or representative, or other authorized representative of the city, including the Mayor.
"SUSPENDED SOLIDS." The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as unfilterable residue.
"SYSTEM." The combined and consolidated water and sewer system of the city, as now or hereafter constituted. (Ord. 83-6, passed 10-4-83)
"UNPOLLUTED WATER." Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer and wastewater treatment facilities provided.
"WASTEWATER." The spent water of a community. From the standpoint of source, "WASTEWATER" may be a combination of the liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with any unintentionally admitted groundwater, surface water, and storm water that may be present.
"WASTEWATER FACILITIES." The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial waste and dispose of the effluent.
"WASTEWATER TREATMENT WORKS." An arrangement of devices and structures for treating wastewater, industrial waste, and sludge.
"WATERCOURSE." A natural or artificial channel in which a flow of water occurs, either continuously or intermittently. (Ord. 86-1, passed 1-8-86)
§ 51.002 DAMAGING, DESTROYING WATERWORKS FACILITIES PROHIBITED.
No unauthorized person shall intentionally or wantonly break, damage, destroy, uncover, deface, or tamper with any structure appurtenance, or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under a charge of criminal mischief, and shall be subject to the same penalty as imposed by state law for the offense of criminal mischief.
(Ord. 86-1, passed 1-8-86)
Criminal mischief, see KRS 512.020 through 512.040
§ 51.003 STATE LAW INCORPORATED BY REFERENCE.
All applicable state law which now or may hereafter exist is incorporated herein and made a part of this chapter. The city may use any powers therein contained, in addition to those herein set out. (Ord. 83-6, passed 10-4-83)
§ 51.004 CLASSIFICATION OF SEWER PERMITS.
There are three classes of sewer permits established:
(A) Installation of private sewage disposal facilities.
(B) Residential and commercial building sewers.
(C) Industrial sewer connections. (Ord. 86-1, passed 1-8-86)
Permits for residential and commercial building sewers and industrial sewer connections, see § 51.030
Permits for private sewage disposal systems, see § 51.072
USE OF PUBLIC SEWERS REQUIRED
§ 51.014 PROHIBITION OF UNLAWFUL DISPOSAL.
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any human or animal excrement, garbage, or other objectionable waste.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.016 DISPOSAL BOUNDARIES
It shall be unlawful to discharge to any natural outlet within the city, or any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.017 FORBIDDEN SEWAGE FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy fault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.018 REQUIRED WASTE FACILITIES AND SEWER CONNECTIONS.
The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city is hereby required, at his expense, to install suitable toilet facilities therein and to connect these facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after the date of official notice from the superintendent to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.030 PERMIT REQUIRED; FEES.
(A) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the Superintendent.
(B) There are two classes of building sewer permits: one class for residential and commercial service, and one class for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Superintendent. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $50 for an industrial building sewer permit shall be paid to the city at the time the application is filed. (Ord. 86-1, passed 1-8-96) Penalty, see § 51.999
§ 51.031 EXCAVATIONS.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.032 USE OF WATER FOR BUILDING PURPOSED TO BE METERED; METER DEPOSIT.
(A) Water for building or construction purposes will be furnished by meter measurement after a suitable deposit has been made; the minimum deposit shall be $10. The amount of the deposit shall be determined by the city based on the size of the construction work contemplated. All water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.
(B) Water so supplied shall be discharged through a hose or pipe directly on the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench. All use of water by any party other that the applicant, or use of water for any purpose or upon any premises not so stated or described in the application, must be prevented by the applicant, or water service may be discontinued to the applicant without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.033 SEPARATE SEWER FOR EACH BUILDING; EXCEPTION.
A separate and independent building sewer shall be provided for every building. However, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.034 CONNECTION OF NEW BUILDING TO OLD SEWER.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.035 SPECIFICATIONS FOR AND MAINTENANCE OF BUILDING SEWERS.
(A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the city.
(B) The connection of the building sewer into the public sewer shall conform to the requirement of the State Plumbing Code and other applicable rules and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(C) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, first floor and upward facilities shall be served by shallow sewers or a lift station as approved by the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
(D) (1) The owner of the premises served by a sewer shall be responsible for the operation and cleaning of the building sewer from the building to the point of connection with the public sewer, and for the maintenance, operation, cleaning, repair, and reconstruction of the building sewer from the building to the public sewer.
(2) The owner of the premises shall be responsible for all costs incident to the cleaning and repair of the building sewer, including, but not limited to, the opening, excavation and restoration of any public street or sidewalk if the necessity for such cleaning or repair is caused by a violation of any ordinance of the city, interference of the building sewer which is caused by roots or other vegetative growth from whatever source, or necessary maintenance of the line.
(3) In the event that such repair is necessitated by the collapse or deterioration of a building sewer within or under the public way, then all costs incident to such repair shall be borne by the City, as to that portion of the building sewer.
(4) All restoration of public way must be performed in accordance with § 51.031.
§ 51.036 SOURCE OF SURFACE RUNOFF OR GROUNDWATER NOT TO BE CONNECTED TO NEW SEWER.
No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.037 INSPECTIONS.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. The inspection shall be made within 72 hours of receipt of notice by the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.050 CONNECTIONS TO MEET CITY REGULATIONS.
(A) All sewer connections shall be made under such regulations as the city may establish. Failure to effect such a connection is hereby declared to be unlawful and shall constitute a nuisance.
(B) All sewer taps and connections to the water mains and sewer of the city shall be made by and under the direction and supervision of the Superintendent.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.051 WHEN CONNECTION TO PUBLIC SEWER SYSTEM REQUIRED.
(A) All owners, tenants, and occupants of dwellings, houses, apartments, hotels, motels, mobile homes, house trailers, mobile home parks, trailer camps, manufacturing or commercial establishments, or any other building of any kind or nature situated on a lot or lots within the city limits through which any sewage collection line has been or is hereafter installed or which abuts upon any street, alley, or easement within the city limits in which there is hereafter installed a sewage collection line, or to which property a hereafter installed a sewage collection line, or to which property a sewage collection line is extended, shall within, 90 days following the date on which the sewage collection line is placed in operation, connect
therewith all sanitary sewage drain pipes of that dwelling, house, apartment, hotel motel, mobile home, house trailer, mobile home park, trailer camp, manufacturing or commercial establishment, or other building, with the sanitary sewer collection line, conveying thereby all of the sewage therefrom into the sewer system. These connections shall be made in accordance with those rules and regulations as the city may from time to time duly establish. Failure to make such a connection is hereby declared unlawful and shall constitute a nuisance.
(B) Each owner, tenant, and occupant of similar property outside the city limits who is connected to the city water system and receives water service from the city, shall, within 90 days following the date on which the city sends written notice to that party that a city sewage collection line is available to that property, connect the property to the sewage collection line in accordance with city rules and regulations. The city shall cut off the water supply to any owner, tenant, or occupant failing to make such a connection.
(C) All architects, contractors, builders, or other persons, before commencing the erection of any building or other improvement capable of emitting liquid wastes or sewage, on any lot or parcel of land abutting on a street, alley, or easement in which there may be hereafter installed and maintained a sewage collection line; on any lot or parcel of land through which there may be hereafter installed a sewage collection line; or to which a sewage collection line is made available, shall before erecting or installing that building or improvement, exhibit to the City Commission, or to the official the Commission may designate, satisfactory evidence that a means has been provided or will be provided for connecting the sanitary sewage drain pipes from the building or other improvement with the sewer collection line. No storm water or other surface or subsurface water drain shall be connected with any sanitary sewer line hereafter constructed, nor shall any storm water, surface, or subsurface water be otherwise introduced into any sanitary sewage collection line.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.052 WATER AND SEWER TAPS; ILLEGAL TAP-INS.
(A) Whenever the city shall determine that it is feasible to provide water service to a customer, the city shall install, maintain, and operate a main distribution pipeline or lines from the system's source of water supply and shall further install and maintain, at the city's expense, such portions of the necessary water service lines as may be needed to bring water from a water main to the lot or easement line of a customer. However, if the necessary water service line from the water main to the water meter of a customer is unusually long, as determined by the Superintendent within guidelines fixed by the city, the customer may be required to pay a portion of the cost of the service line. The expense borne by the city in any event shall include the necessary tap, fittings, and shut-off valve, which items shall belong to the city. Each customer shall install and maintain, at his expense, that portion of the service line from the lot or easement line to his premises, including a stop and waste cock at the end of the house side of his service, which items shall belong to the customer. The
minimum earth cover of the customer's service shall be 30 inches. The Superintendent shall determine the size and kind of service to be installed.
(B) No sewer taps (breaking or entering into sewer lines of the city) shall be made by any person, firm, or corporation except the city. The city will, upon application to the city and payment of any tapping or connection fee as may be prescribed by the city, tap the city sewer and run a lateral to the property line of any applicant where sewers are available. Any and all installations or attachments thereto shall be made by the applicant under the direction and supervision of the city; however, nothing herein shall be construed as requiring the city to furnish a sewer connection or sewer services to any premises where a city sewer is not available at the time that the application is made. The term “property line” as used herein is the edge of the public way and unless agreed upon otherwise, shall be determined by a registered and surveyor at the city’s expense.
(Ord. 83-6, passed 10-4-83; am ord. 98-5, passed 7-15-98) Penalty, see § 51.999
(C) The provisions of § 51.162 and 51.165 of the City Code shall apply to any water or sewer connection or “tap-in” which results in the relocation of the physical connection to the city line, where such relocation has been requested or initiated by the customer or user.
§ 51.053 OWNER TO PROVIDE SUITABLE TOILET FACILITIES FOR CONNECTION.
Each owner of a house, building, or property used for human occupancy, employment, recreation, or other purposes, which is situated within the city and to which sewer service is made available by the city, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the available public sewer in accordance with the requirements of this chapter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.054 CONNECTIONS TO BE CONVENIENTLY LOCATED WITH RESPECT TO CITY LINES AND MAINS.
Piping on the premises of a customer must be so installed that connections are conveniently located with respect to city lines and mains. The customer shall provide a place for metering which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.055 STORMWATER DRAIN CONNECTION PROHIBITED.
No storm water drain shall be or remain connected or be connected with any separate sanitary sewer heretofore or hereafter constructed as, or made part of the sewer systems of the city, nor shall any storm water be otherwise introduced into any separate sanitary sewer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.056 COST OF CONNECTION.
(A) All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner, who shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. All connections shall be made under the supervision of the Superintendent of the sewer system or other duly authorized official of the city.
(B) The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner, in accordance with the city's rules and regulations and with the regulations of the State Department of Health.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.070 PROHIBITED WHEN CONNECTION TO PUBLIC SEWER SYSTEM AVAILABLE.
(A) It shall be unlawful for any person to construct, maintain, or permit to be constructed or maintained any outdoor toilet, privy, vault, cesspool, septic tank, or other similar contrivance for the reception of sewage on any lands owned by that person or under his control, which abut upon a sewage collection line in any public street, alley, or other easement or through which a sewage collection line passes or to which a sewage collection line hereafter becomes available. All such outdoor toilets or privies shall be removed, and all such vaults, cesspools, septic tanks, or other similar contrivances for the reception of sewage shall be closed, filled, or otherwise removed from the properties described above within 90 days after the sewage collection service becomes available.
(B) All privies, surface toilets, or other means of casting or depositing sewage into a container above or below the surface of the ground, on or into the soil, into any running or percolating stream of water, or into any cistern or well whereby the soil or any surface or subsurface waters is contaminated with such sewage are hereby declared to constitute a public nuisance and their use or maintenance for a period of more than 90 days following the availability of a sewage collection line to the property is hereby prohibited.
(C) It shall be unlawful for any person to construct or maintain a privy, well, vault, cesspool, cistern, septic tank, or similar contrivance for the reception of flowable sewage where sewers are available. All such privies, wells, vaults, cesspools, cisterns, septic tanks, facilities, and similar contrivances shall be removed or disconnected by the owners and the occupants of premises to which sewers are made available in the city as soon as the sewers are made available to the premises. All such privies, facilities, and other means of casting or depositing sewage into a container above or below the surface of the ground, on the soil, into any running or percolating stream of water, or into any cistern or well, whereby the soil is contaminated with such sewage, are hereby declared to be unlawful and to constitute a nuisance. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.071 PRIVATE CONNECTION REQUIREMENTS.
Where a public sanitary or combined sewer is not available under the provisions of § 51.018, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.072 PERMIT PROCUREMENT.
Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall be made a form furnished by the city, which the application shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $35 shall be paid by to the city at the time the application is filed.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.073 CONSTRUCTION INSPTECTION.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.074 CONSTRUCTION COMPLIANCE.
The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the State Department of Public Health. No permit shall be issued absorption facilities where it conflicts with County Health Department standards. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.075 GOVERNING AUTHORITY.
No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or the appropriate regulatory official of the state or county.
(Ord. 86-1, passed 1-8-86)
§ 51.076 MAINTENANCE RESPONSIBILITY.
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.077 SUBSEQUENT SEWER AVAILABILITY.
(A) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in § 51.018, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
(B) When a public sewer becomes available, the building sewer shall be connected to the public sewer within 90 days after such availability, and the owner shall have the private wastewater disposal system cleaned of sludge and filled with clean bank-run gravel or dirt at no cost to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.090 RIGHT TO PURCHASE, USE WATER.
(A) Each customer shall be entitled to purchase form the city, pursuant to such agreements as may from time to time be provided and required by the city, such water as the customer may desire, subject, however, to the provisions of this chapter and to such further rules and regulations as may be prescribed by the city. Further, should a customer sell or dispose of a portion of his property or subdivide it, he or the new owner of each new tract, may not demand water and taps without paying connection fees for each such tract to be served.
(B) In the event the total water supply is insufficient to meet all needs of the consumers, or in the event there is a shortage of water, the city or its Superintendent may prorate the water available among the various customers on such a basis as is deemed equitable by the city or its Superintendent. The city may also prescribe a schedule of hours covering use of water and require adherence, thereto or prohibit the use of water for specified purposes, for such appropriate period of time as may be necessary under the circumstances.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.091 APPLICATION FOR SERVICE.
Each customer must make written application for water and/or sewer service at the City Hall. The application, including service received there-under, is not assignable by the customer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.092 WATER TO BE USED FOR DOMESTIC COMSUMPTION ONLY; RESALE PROHIBITED.
Water furnished by the city may be used for domestic consumption by the customer, member of his household, or employee only. The customer shall not sell or give the water to any other person. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.093 CUSTOMERS WITH BOILERS OR PRESSURE VESSELS.
Customers with boilers and/or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case water supply from the city is discontinued or interrupted for any reason, with or without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.094 USE BY CITY; USE FOR PUBLIC PURPOSE.
Special terms and conditions may be made where water is used by the city or by the community for public purposes such as for fire extinguishment, public parks, and the like. (Ord. 83-6, passed 10-4-83)
§ 51.110 INITIAL SERVICE CHARGE AND SECURITY DEPOSITE.
(A) In addition to all connection charges that may be required pursuant to Section 51.162 of this Code, all customers, shall pay an initial service charge of $25 to the city for water service before such customers shall be entitled to service. This initial service charge shall be non-refundable. (Ord. 83-7, passed 10-4-83) (Am. Ord. 93-8, passed 7-12-93; Am. Ord. 96-5, passed 6-12-96)
(B) Commencing on the effective date of this ordinance, the city shall require a $75.00 security deposit from each new customer for the purpose of assuring payment of all water, sewer and trash collection bills by that customer. The city shall apply this deposit amount toward any balance due at the time service is voluntary or involuntary terminated.
§ 51.110 METERS INSTALLED, MAINTAINED AT EXPENSE OF CITY.
All meters shall be installed, renewed, and maintained at the expense of the city. The city reserves the right to determine the size and type of meter used.
(Ord. 83-6, passed 10-4-83)
§ 51.112 TESTING METERS; FEE.
Upon written request of any customer, the meter serving that customer shall be tested by the city. Such a test will be made without charge to the customer if the meter has not been tested within 12 months preceding the requested test. Otherwise, a charge of $3 will be made and then only if the test indicates meter accuracy within the limits of 2%, adjustments shall be made for the two preceding months prior to the test according to the inaccuracy in excess of 2%. (Ord. 83-6, passed 10-4-83)
§ 51.113 DEFECTIVE METER; DETERMINATION OF WATER CONSUMPTION.
Where a meter has ceased to register, or a meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months' consumption, considering the conditions of water service prevailing during the period in which the meter fails to register. (Ord. 83-6, passed 10-4-83)
§ 51.114 USE OF WATER SUPPLIED ON OTHER THAN METERED BASIS.
In the event that a building or premised discharging sewage, water, or other wastes into the municipal sewer facilities, uses water supplied on other than a metered basis from either a private or public water supply in each such case the owner or occupant may be required to cause a water meter or other measuring device to be installed, that is acceptable to the Superintendent. (Ord. 83-6, passed 10-4-83)
§ 51.115 USE OF WATER NOT BEING DISCHARGED INTO SEWER FACILITIES; SPECIAL METERS.
(A) The Director of Public Works is hereby authorized to develop a fair and reasonable policy regarding the usage of water that is not discharged into the municipal sewer facilities. Any adjustment to rates established by such policy shall be limited to one per twelve-month period.
(B) In the event any building or premises uses water in excess of 10,000 gallons per month as shown by the water meter readings for two consecutive months, and it can be shown that a substantial portion of the water as so measured does not and cannot enter the municipal sewer facilities, then the Superintendent may determine, in such a manner as may be found practicable, the amount of water entering the sewers, in which event the sewer rate or charge shall be based thereon. In the alternative, the Superintendent may require or permit the installation of additional meters or measuring devices in such a manner as to determine the quantity of water or sewage actually entering the municipal sewer facilities, in which case the sewer rate or charge shall be based thereon.
(Ord. 83-6, passed 10-4-83) (Ord. amended 12-6-2010, Ord. 10-08)
§ 51.130 DEPOSITS OF GARBAGE, WASTES TO NON-SEWER FACILITIES PROHIBITED.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, any garbage or other objectionable waste, or to discharge to any natural outlet within the city, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided under the supervision of the Superintendent or other duly authorized city official. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.131 INFLAMMABLE SUBSTANCES, SUBSTANCES WHICH MIGHT CAUSE OBSTRUCTIONS PROHIBITED.
No substances shall be placed or discharged into the municipal sewer system which will create a combustible, gaseous, explosive, or inflammable condition in the system, nor shall any substances or objects be placed or discharged into the municipal sewer system which will not dissolve and which will thus cause an obstruction and clogging within the system. No petroleum products shall be placed or discharged into the municipal sewer system. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.132 DISCHARGE OF UNPOLLUTED WATERS.
(A) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(B) Storm water shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet provided a National Pollutant Discharge Elimination System (NPDES) permit has been issued from the federal Environmental Protection Agency and from the state.
§ 51.133 PROHIBITED DISCHARGES.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(B) Any waters or wastes containing toxic substances, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or violate the discharge permits of the city.
(C) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(D) Solid or viscous substances in quantities or of such a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders, nor shall tree roots or other undergrowth and vegetation be allowed to obstruct or otherwise damage the public sewer system. The city shall retain a professional land survey as necessary to assist in its determination of the party or parties responsible for any such interference.
(Ord. 86-1, passed 1-8-86; Am Ord. 98-5, passed 7-15-98)) Penalty, see § 51.999
§ 51.134 CERTAIN DISCHARGES RESTRICTED.
(A) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger the life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances are:
(1) Any liquid or vapor having a temperature higher than 150 degrees F.
(2) Any waters or wastes containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between
32`F. and 150`F. (0`C. and 65`C.). Solid or viscous substances which will
or may cause interference with the free flow in a sewer or otherwise
interfere with the proper operation of the wastewater treatment system.
(3) Any garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of ¾ horsepower
(0.76 HP metric) or greater shall be subject to the review and approval of
(4) Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable heavy metals or toxic substances; or wastes exerting an
excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the wastewater treatment works
exceeds the limits established by the Superintendent for such materials and
results in violation of the city's N.P.D.E.S. discharge limitations permit.
(6) Any waters or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be
established by the Superintendent as necessary, after treatment of the
composite sewage, to meet the requirements of the state, federal, or other
public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.0.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids such as, but not limited to, sodium chloride and sodium sulfate.
(b) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.
(c) Any materials, waters, or wastes that exceed any of the maximum concentrations of 500 milligrams per liter of suspended solids, or 50 milligrams per liter of chlorine demand in such quantities as to constitute a significant load on the sewage treatment plant. A significant load shall mean a sewage treatment plant influent flow with maximum concentrations of 220 milligrams per liter for BOD or 300 milligrams per liter for suspended solids. The Superintendent may reduce the allowable maximum concentrations in the discharges from the sewage users if the concentrations in the influent flow to the treatment plant exceed the above stated concentrations.
(d) Unusual volume of flow or concentration of constituting "slugs" as defined in 51.001.
(1) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processed employed, or are amenable to treatment only to such degree that the wastewater treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(B) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in division (A) above, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer charges under the
provisions of 51.141.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 86-1, passed 1-8-86) Penalty, see 51.999
§ 51.135 COMPLIANCE WITH FEDERAL AND STATE GUIDELINES REQUIRED.
Any user of the public sewer who discharges industrial waste or matter must satisfy and meet such federal government guidelines for pretreatment (40 CFR 403 and Section 307 of the Clean Water Act, Public Law 95-217) as may be prescribed from time to time by the Environmental Protection Agency, or its successor agency, and such by the State Department for Natural Resources and Environmental Protection or its successor agency. The user shall furnish at its own expense that necessary monitoring equipment for such pretreatment as may be reasonable necessary in the opinion of the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.136 GREASE, OIL, AND SAND INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the opinion the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; however, such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.137 MAINTENANCE OF PRETREATMENT FACILITIES
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.138 STRUCTURES FOR SAMPLING, OBSERVATION MAY BE REQUIRED BY CITY.
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling, and measurement of the wastes. Such a manhole, when required, shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.139 "STANDARD METHODS FOR EXAMINATION OF WATER AND WASTEWATER" TO BE USED BY CITY.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or sample should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.) (Ord. 86-1, passed 1-8-86)
§ 51.140 USER TO PROVIDE DISCHARGE INFORMATION.
The Superintendent may require a user of sewer services to provide information needed to determine compliance with this subchapter.
These requirement may include:
(A) Wastewaters discharged peak rate and volume over a specified time period.
(B) Chemical analysis of wastewaters.
(C) Information on raw materials, processes, and products affecting wastewater volume and quality.
(D) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(E) (Ord. 86-1, passed 1-8-86)
RATES AND CHARGES
§ 51.160 NO FREE OR REDUCED CHARGE SERVICE.
(A) No person, firm, corporation or other user shall be permitted to obtain water from the city or to use the city's sewer system, without charge or at less than the standard rate in effect and duly authorized by the city.
(B) All recipients of water or sewer service from the city without charge or at less than the standard rate prior to the effective date of this section, whether located within or outside the city limits, shall pay for such service on a monthly basis in accordance with the rates then in effect, or as duly authorized by subsequent action of the city.
(C) Failure to pay such charges when due will result in termination of water service and use of the sewer system. (Ord. 82-7, passed 8-3-82) Penalty, see § 51.999)
§ 51.161 MONTHLY WATER RATES.
The rates and charges for water services furnished by the city are hereby fixed and established on a monthly basis as follows:
(A) Minimum Water Rate. The minimum water bill shall be $27.38 per month, and each water customer shall be entitled to 2,000 gallons (or less) of water in each month for such minimum charge.
(B) Meter Rates for Water Usage in Addition to Minimum Charge. Subject to the minimum monthly water rate specified in division (A) of this section, the following metered charges shall be made for each 1,000 gallons of water consumption per month to customers of all size connections:
NUMBER OF GALLONS MONTHLY CHARGE PER
OF WATER PER MONTH 1,000 GALLONS
First 2,000 or less $13.69
Next 2,000 $9.38
Next 2,000 $8.66
Next 4,000 $8.12
All over 10,000 gallons $7.57
(C) The foregoing monthly water rates, exclusive of the minimum rate of $27.38 for the first 2,000 gallons or less of water per month, shall be applied in increments of 100 gallons or less. For example, if a customer uses more than 2,000 gallons and no more than 2,100 gallons of water in any month, the bill to the customer for that month shall be $28.75 consisting of the minimum bill of $27.38 for the first 2,000 gallons, plus $1.37 for the next 100 gallons or less of water consumed in that month. (Ord. 83-7, passed 10-4-83; Am. Ord. 87-4, passed 12-7-87; Am. Ord. 01-06, passed 12-12-01)
The above rates shall take effect on October 15, 2010 and shall be payable in accordance with December 2010 billings.
(D) Water Rate Adjustments Based on Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the water rates (as provided in subsections (A) (B) and (C) above shall be increased by a percentage equal to the increase in the Customer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous calendar year. In the event that the Consumer Price Index reflects no increase or a decrease, the water rates shall remain unchanged. Nothing in this subsection shall preclude the
City Commission from otherwise increasing or decreasing the water rates in any amount by subsequent ordinance.
§ 51.162 WATERWORKS CONNECTION CHARGE; SERVICE CHARGE.
(A) The waterworks connection charge shall be $800 for all standard-size connections. There shall be a separate $800 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of
actual physical connections servicing the multi-unit structure. Charges for larger-size connections shall be determined by the city on an individual basis.
(B) All users, excepts those users paying the $800 waterworks connection charge, shall pay a nonrefundable service charge of $75 to the city before such user shall be entitled to water service.
(Ord. 83-7, passed 10-4-83; Am. Ord. 00-10, passed 9-20-00)
§ 51.163 MONTHLY SEWER RATES AND CHARGES.
(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CHARGES FOR DEBT OF SERVICE." Charges levied on users of the wastewater treatment system to support the annual debt service obligation of the system.
"EXCESSIVE STRENGTH OR TOXICITY SURCHARGES." Charges levied on users of the wastewater treatment system whose contributions contain pollutants (both conventional and toxic) in concentrations which exceed limits specified by this chapter for such pollutants.
"SEWER SERVICE CHARGES." A system of user charges, excessive strength or toxicity surcharges, sewage treatment surcharge, and a system of charges for debt service.
"SEWER USER CHARGES." Charges levied on all users who discharge, or cause or permit the discharge of, sewage into the public wastewater treatment system.
"USER CJARGES." Charges levied on users of the wastewater system to offset the cost of operation and maintenance of the system.
(B) Sewer service charge. The sewer service charge shall be $10.88 per month for each customer of the wastewater treatment system, which is the rate for debt service charges. (Am. Ord. #01=06, passed 12-12-01)
(C) SEWAGE TREATMENT FEE.
(1) In addition to the monthly sewer service charge, a sewage treatment
fee, based insofar as possible upon the metered quantity of water
supplied to the respective buildings or premises, shall be paid by all
customers of the wastewater treatment system, and shall be in an
amount equal to $6.32 per month for each 1,000 gallons of water
discharged into the wastewater treatment system. The above rates
shall take effect on July 15, 2009 and shall be payable in
accordance with the September 2009 billings (Am. Ord. #01-06,
(2) The sewage treatment fee provided in division (C) (1) is based on the
underlying assumption that all metered water consumption is
eventually returned to the wastewater treatment system. Where is can
be evidenced that the proportion of water actually returned to the
treatment system by an individual customer is significantly different
from the metered consumption, the sewage treatment fee shall be
determined on the basis of measured or estimated wastewater
discharge. The city reserves the right to determine by whatever means
and methods it may find practicable, the amount of water consumption
or wastewater discharge that shall be used to compute the sewage
(D) Excessive strength or toxicity surcharge. Users having a discharge over the normal sewage strength of 300 milligrams per liter total suspended solids or 250 milligrams per liter biochemical oxygen demand shall incur an additional charge to be determined on the basis of the variable costs attributed to wastewater strength.
(E) The sewer service charge, together with the sewage treatment fee, shall be billed to each user on a monthly basis in accordance with § 51.167.
(F) Each user shall be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the total charge which is attributable to operation and maintenance of the sewage system.
(G) The city shall review not less often than every two years the sewage contribution of users, the total cost of operation and maintenance of the sewage works, and user charges. User charges shall be revised as necessary to accomplish the following:
(1) Maintain the proportionate distribution of operation and maintenance
cost among users of the treatment system.
(2) Generate sufficient revenues to offset costs associated with the proper
operation and maintenance of the sewage system.
(3) Excessive strength or toxicity surcharges shall be reviewed at the time
of and in conjunction with the review of user charges. Surcharge rates
shall be revised where necessary to reflect current treatment and
monitoring costs. (Ord 86-1, passed 1-8-86)
(H) Sewer Rate Adjustments Based Upon Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the sewer treatment fee as provided in subsections (B) and (C), (1) herein shall be increased by a percentage equal to the increase in the Consumer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous federal fiscal year. In the event that the Consumer Price Index reflects no increase or a decrease, said charge and fee shall remain unchanged. Nothing in this subsection shall preclude the City Commission from otherwise increasing or decreasing the service charge or treatment fee by subsequent ordinance.
§ 51.164 SPECIAL RATES FOR UNUSUAL DISCHARGES.
(A) In the event the sewage, water, or other liquid wastes being discharged into the municipal sewer facilities from any building or premises contains unduly high concentrates of any substances which add to the operation costs of the municipal sewer facilities, then special rates, rentals, or charges may be established, charged, and collected as to such building or premises, or the owner or other interested party may be required to specially treat such sewage, water, or other liquid wastes before discharge into the municipal sewer facilities.
(B) Whenever it is determined by the Superintendent to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which
water is used, or by reason of the character of the sewage, water, or other liquid wastes discharged therefrom, or whenever the established schedules of rates and charges for any reason are not applicable, then special rates or other charges may be established by the City Commission. Any person, firm, or operation being dissatisfied with the established schedules or rates and charges by reason of peculiar or unusual use of or occupancy of any premises, and consequently alleging peculiar or unusual uses of water, may file application with the City Commission or with any other board or body of the city which may be in charge and control of the municipal waterworks and sewer systems, for special classification rates and charges.
(Ord. 83-6, passed 10-4-83)
§ 51.165 SEWER CONNECTION CHARGES.
The sewer connection charge shall be $1,000 for all size connections. There shall be a $1,000 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of actual physical connections servicing the multi-unit structure.
(Ord. 83-7, passed 10-4-83; Am ord. 89-5, passed 8-7-89)
§ 51.166 SINGLE METER SERVING MULTI-UNIT PREMISES.
Where two or more tenants or occupants (of different rental units) of property, including duplexes, apartment houses, mobile home parks, trailer parks, or other multi-unit premises, are served by a single water meter, the water and sewer rates and charges to each tenant or occupant shall be computed by dividing the number of gallons of water registered by the single meter by the number of customers being served though the meter and applying the result thus obtained to the water and sewer rate schedules set out in § 51.161 and 51.163 to arrive at the monthly bill for each tenant or occupant. Each tenant or occupant shall be separately billed unless the owner or operator of the property has agreed with the city to pay the total monthly water and sewer bill for the property. In no event shall the monthly bill applicable to each tenant or occupant be less than the minimum water and sewer rates stipulated in § 51.161 and 51.163. (Ord. 83-7, passed 10-4-83)
§ 51.167 BILLING PROCEDURE, DELINQUENT PAYMENTS.
(A) Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has
been filed in writing with the city. The city shall not otherwise be responsible for delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in the notice.
(B) Meters will be read monthly between the fifteenth and twentieth of each month.
(C) Bills for water and sewage service are due and payable at City Hall, or to any designated agent, on their date of issue. (Ord. 83-6, passed 10-4-83)
(D) (1) The water and sewer rates or charges shall be billed monthly on
statements which shall be issued on or about the first of each month and all
bills for such service shall be considered due and payable fifteen days after
the date of issue. If a bill is not paid within fifteen days after such date of
issue the bill shall be considered delinquent and there shall be imposed a
penalty on each bill not so paid in an amount equal to 10% of the charges
(other than sales tax) shown on the face amount of the delinquent bill. The
city shall serve a customer a written notice of his delinquency and of the
fact that the customer is entitled, upon written request, to a hearing on the
question of termination of service. If the bill is not paid within ten days
after the mailing of the notice and if no hearing is requested or if a hearing
is requested and timely held and such customer's delinquency is thereby
established, the city may disconnect the water service of the customer
without further notice. If water service is disconnected by the city by
reason of delinquency in the payment of any water or sewer bill,
reconnection of such service shall not be made until the owner or user pays
all charges and penalties owed plus the amount of $25 as a disconnection
and reconnection charge. If any deadline date falls on a Sunday or legal
holiday, such deadline shall not expire until the next secular day thereafter.
(Ord. 83-7, passed 10-4-83;Am ord. 96-7, passed 8-14-96)
(2) The owner of the premises receiving the water and sewer service shall
be primarily liable for all charges for each water or sewer service
account, and in the event of termination or notice thereof of service to
premises, the hearing procedures within § 51.181 of the City Code as
well as the billing procedures within § 51.167 (D) of the City Code
shall be implemented. The city shall not renew services to any such
premises until the delinquency has been paid or otherwise settled.
(E) If prior to discontinuance of service as provided in division (D), there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, registered nurse, or public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness
or infirmity of a person on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of the certification, whichever occurs first.
(Ord. 83-6, passed 10-4-83)
ADMINISTRATION AND ENFORCEMENT
§ 51.180 INSPECTIONS.
(A) The Superintendent and other duly-authorized employees of the city, the State Department for Natural Resources and Environmental Protection, and the federal
Environmental Protection Agency, bearing proper credentials and identification shall be permitted to enter all properties at reasonable hours and times for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly-authorized employees of the city shall observe all safety rules applicable to the premises established by the property owner, and the property owner shall be held harmless for injury or death to the city employees. The city shall indemnify the owner against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 51.138.
(C) The Superintendent and other duly-authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly-negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 86-1, passed 1-8-86)
(D) The premises receiving a supply of water, and all service lines, meters, and fixtures, including any fixtures within the premises, shall at all reasonable hours be subject to inspection by the duly-authorized employees of the city.
(Ord. 83-6, passed 10-4-83)
§ 51.181 HEARING BOARD.
A hearing Board may be appointed as needed for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Superintendent. The cost of the arbitration will be divided equally between the city and the sewer user.
(Ord. 86-1, passed 1-8-86)
§ 51.182 USE OF CITY PROPERTY FOR RENOVATION OF SEWER SYSTEM AUTHORIZED.
Use of the city's property, streets, and alleys for the purpose of renovation of the city's sewer system including, but not limited to, installation of sewer lines and connection of lines across and under city property to other lines of the sewer system, is authorized. (Ord. 84-3, passed 10-3-84)
§ 51.183 EASEMENT RIGHT-OF-WAY TO BE GRANTED BY EACH CUSTOMER.
Each customer shall grant or convey, or shall cause to be granted or conveyed to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever the easement or right-of-way is necessary for the city water and/or sewer facilities and lines so as to enable the city to furnish service to the customer. (Ord. 83-6, passed 10-4-83)
§ 51.184 CITY OWNS LINES, METERS, AND THE LIKE.
The city shall own all lines, meters, and other water and sewer equipment as shall be paid for by the city. (Ord. 83-6, passed 10-4-83)
§ 51.185 DISCONTINUANCE OF SERVICE.
(A) Water service may be discontinued by the Superintendent for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or
fixtures to be supplied, as to additional use of water and/or sewer
service, or as to unusual or extraordinary use of sewer facilities.
(2) Failure to report to the city additions to the property or fixtures to be
supplied, or of additional use of water and/or sewer service.
(3) Resale or giving away of water.
(4) Waste or misuse of water due to improper or imperfect service pipes
and/or failure to keep same in suitable state of repair.
(5) Tampering with meter, meter seal, service, or valves, or permitting
such tampering by others.
(6) Connection, cross-connection, or permitting the same, of any separate
water supply to premises which receive water form the city.
(7) Nonpayment of bills.
(B) Any customer desiring to discontinue the water and/or sewer service to his premises for any reason must give notice of discontinuance in writing at the City Hall. Otherwise, a customer shall remain liable for all water used and water and/or sewer services rendered to such premises by the city. (Ord. 83-6, passed 10-4-83)
(C) Any discontinuance of service to any structure that remains occupied for a period of twenty-four (24) hours after the discontinuation of service shall subject the owner/occupant thereof to the penalty provisions of § 51.999 (B). in the event that a business is operating in such structure, said disconnection shall constitute an immediate revocation of its business license and subject the licensee to the penalty provisions of § 70.99 of this Code. (Ord. 09-09 amended 01/4/2010)
§ 51.186 INTERRUPTION OF SERVICE.
The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruptions occur, will endeavor to reestablish service with the shortest possible delay. When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
(Ord. 83-6, passed 10-4-83)
§ 51.187 REFUSAL OF SERVICE
The city may refuse service to any person not presently a customer when, in the opinion of the city, the capacity of the facilities will not permit such services.
(Ord. 83-6, passed 10-4-83)
§ 51.188 COMPLAINTS.
Complaints may be made to the Superintendent whose decision may be appealed to the City Commission within ten days. Otherwise, the Superintendent's decision will be final. (Ord. 83-6, passed 10-4-83)
§ 51.189 LIABILITY
(A) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pips, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
(B) If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, or a violation of any provisions of this chapter, member of his household, or his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(Ord. 83-6, passed 10-4-83; Am. Ord 98-5, passed 7-15-98)
§ 51.190 AMENDMENT OF REGULATIONS.
(A) These regulation may be changed or amended by subsequent ordinance.
(B) However, those sections of this chapter based on Ordinance 83-6, passed
10-4-83, shall not be amended without the permission of the holders of a majority (in amount) of outstanding bonds of the city, plus the permission of the Farmers Home
Administration, United States Department of Agriculture, as long as the United States is the owner or insurer of any bonds issued by the city and so long as any of the bonds remain unpaid. (Ord. 83-6, passed 10-4-83)
EXTENSION OF SERVICE
§ 51.210 PURPOSE AND POLICY.
In order to promote the orderly growth and advancement of existing and proposed residential, commercial and industrial areas within, adjacent to or surrounding the city limits of New Castle, so that said areas may at the proper time be served by water and/or sewer service and that those areas outside the city limits may be orderly annexed to the City of New Castle, the City Commission of the City of New Castle hereby enacts this ordinance so that henceforth city water and/or sanitary sewer service will not be extended to any of the aforesaid such areas, including those within the city limits, except under terms and conditions set forth in this subsection.
§ 51.211 APPLICATION FOR WATER AND SEWER SERVICE EXTENSION.
(A) All applicants, whether a person or a government entity other than the City of New Castle, shall file an application for an extension of city water and/or sewer service with the city on forms furnished by the city. The application shall be accompanied by three copies of a map or plat of the area showing all streets, roads, alleys, lots and proposed utility easements, and the proposed location of all fire hydrants, together with the necessary topographic information, to a scale of not less than 1-inch equals 100 feet. Three copies of the preliminary plat required by the Subdivision Regulations of the Henry County Planning and Zoning Commission shall suffice as the map or plat which must accompany the application for the extension of water or sanitary sewer service. After city approval of the preliminary plat, the city shall also be furnished three sets of design drawings at the scale of 1-inch equals 50 feet. Upon satisfactory completion of the project the applicant shall submit three (3) copies of as-built drawings certified as true by the licensed inspecting engineer, with a copy/ies of the required letters of certification to the Kentucky Division of Water. In the case of transmission facilities, the city shall be furnished with a certified copy of the applicant’s actual cost per foot, and the rebate hereinbelow set out shall be limited to said costs as certified.
(B) From the information furnished on the application, the city will make or cause to be made a study by the city’s engineer of the various elements of construction necessary to connect the proposed area into the existing water and/or sewer systems of the City of New Castle. The study shall be made at the applicant’s expense, the estimated cost of which shall be paid to the city in advance. Included in the study shall be an extension or extensions of water and sanitary sewer service. The engineer will report the findings of the study to the city.
§ 51.212 GENERAL CRITERIA FOR EXTENSIONS OF SERVICE.
Applications for extension of city water or sanitary sewer service shall be considered on the following terms and conditions:
(A) Plant capacity and efficiency are the utmost considerations for any extension of service.
(B) The applicant agrees not to protest any future annexation of the area to be served by the extension if not already within the corporate limits of the city. Such agreement shall also provide for a waiver of protest to be included in the deeds for the future sale or transfer of the property or any portion thereof and to be made a covenant running with the land binding all subsequent grantees, their heirs, successors, assigns, and personal representatives. Where water and/or sewer service is to be provided to properties in existing developments outside the city limits and no immediate transfer form the applicant is contemplated, each property owner, prior to connecting to water or sewer service shall cause the waiver of protest with the above covenant to be recorder in the Henry County Clerk’s Office.
(C) The applicant agrees to construct and pay for the construction of all water distribution mains, including valves, fire hydrants, fire hydrant gate valves, and other requirements of the city specifications, and the cost of all local collector sewers, including manholes and sewer service lines, and other requirements of the city specifications.
(D) The applicant agrees to furnish without cost to the city sufficient and adequate easements I which the extension is to be located within the service area, whether installed at the time of initial construction or in the future.
(E) The applicant agrees to abide by all applicable regulations of the Henry County Planning and Zoning Commission, the Kentucky Division of Water and all other codes and regulations of applicable agencies with respect to the construction, use and operation of the water and sanitary sewer facilities and shall agree to comply with all specifications.
(F) It is understood and agreed that where city water service is extended, sanitary sewer service shall also be simultaneously extended I accordance with § 51.018.
(G) The requirements set out herein shall be included in a written agreement between the city and the applicant as a condition precedent to any and all extensions of city water or city sanitary sewer service to the area being developed, whether within or without the city limits.
(H) The applicant shall submit to the City a proposed plan for any extension; the city shall approve or revise same. The applicant shall transmit the plans to the Kentucky Division of Water for approval. Construction shall not commence until approval of plans by the Kentucky Division of Water.
§ 51.213 EXTENSION SERVING A SINGLE CUSTOMER OR PROPERTY.
Extensions to serve a single residential or commercial customer shall be on an equitable basis and shall generally be accomplished in the same manner as set out herein for general extensions, except that no such extension will be made to areas outside the existing corporate limits unless the applicant agrees to allow the annexation by the city of the area to be served. Extensions to serve a single industrial customer outside of the existing corporate limits shall be subject to additional considerations by the city.
§ 51.214 REBATE POLICY.
(A) Additionally, an applicant may be entitled to a rebate from subsequent developers who utilize the extension (intervening line) placed into service by an initial applicant.
(B) The city may, from time to time, adopt resolutions that establish internal policy guidelines for line extension rebates which shall be used by the city and its Public Works Director in creating a fair and equitable rebate arrangement between the initial applicant and subsequent developers (intervening applicants who utilize a line extension constructed by an initial applicant.
§ 51.215 COSTS OF EXTENSIONS; CITY PARTICIPATION; WARRANTY.
(A) The full cost of the installation of all extensions is to be borne by the applicant, except as noted in the subsections below. An applicant must make his or her own arrangements to construct and pay for the required extension subject to all terms and conditions set out herein and warranty the extension for twelve (12) months after approval by the city and dedication of the facilities to the city in first-class condition. The applicant shall be wholly and entirely responsible to see that the extension confirms to the city’s specifications. In order to insure compliance with city specifications, it shall be the applicant’s responsibility to pay the cost of providing an adequate number of competent, approved full-time resident inspectors during construction. Completed extensions must meet all required performance tests, including leakage tests for water lines and maximum infiltration and exfiltration tests for sewers, and shall be certified by the inspecting Licensed Professional Engineer to be in accordance with the approved plans and specifications prior to acceptance by the city. The city has a full right of inspection in addition to the inspection by the applicant.
(B) Where adequate water transmission and distribution facilities, adequate receiving sewer for sanitary sewage, treatment facilities, trunk mains and/or water storage facilities and the outfall sewers, trunk sewers, pumping stations, treatment facilities and other such overall sanitary sewer facilities are not available, or the city significantly alters the applicant’s proposed location of extensions and facilities, consideration will be given by the city to additional participation in the cost and revenue productions, and provided that such facilities meet the requirements of the city.
(C) The city may participate in the cost of an extension where oversized or more efficient facilities are required by the city e.g., increased diameter or pipes for anticipated future growth, also referred to as betterment, etc.
(D) After the completion of an extension and after the extension has been inspected and approved by the Kentucky Division of Water and the city, the facilities shall be dedicated to the city without costs to it and shall be guaranteed to be without defect for the twelve months from the date of the Inspecting Engineer’s certification letter, which occurs after city inspection and approval. The applicant is obligated to correct any defects discovered during the warranted period.
§ 51.216 SURCHARGES FOR EXTENSIONS FUNDED BY THE CITY.
(A) The city of New Castle hereby establishes a surcharge upon customers that connect to the water or sewer system of the city resulting from an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city.
(B) The method used to establish the surcharge is based on the premise that new customers are entitled to water and/or sewer service at the same rates charged to existing customers and in order to prevent or reduce inequity to existing customers that would result if existing customers were to pay for increases in the cost of water or sewer services necessitated by additional capital improvements. It is also recognized that existing customers have provided funds for debt retirement, cash financing of improvements and other additions to the water and/or sewer system through the payment of water and sewer charges and contributions of capital prior to the addition of new customers.
(c) For each new customer that connects to the water or sewer system of the city after the effective after the effective date of this ordinance as a result of an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city, there shall be assessed and charged to that customer a surcharge, as calculated in accordance with the formula set out hereinbelow.
(D) The method of calculation for the surcharge shall take into consideration the present value of the physical plant and all improvements; the existing system capacity and current usage, and the present worth of the required capital outlay to arrive at customer equity in terms of an “equivalent residential unit” (ERU), and is calculated by determining the present value of the cost of the extension (as defined in § 51.215 herein) necessary for the proposed project, as determined by the city, and divided by the capacity of the infrastructure. The quotient is then multiplied by the ERU to determine the surcharge for a single ERU. The surcharge may be adjusted if the actual cost of the extension differs by more than 10 percent of the city’s pre-construction estimate. Further, it should be noted that the amount of the surcharge is not a constant number for each extension.
EXAMPLE: A gravity sewer system to serve a new subdivision is estimated to cost $75,000.00 by the city’s engineer. The capacity of the new gravity system of the new development is 15,000 gallons per day. The surcharge is calculated as follows:
$75,000 (cost of extension)
(300 gal/day)=$ 1,500.00
15,000 gal/day (capacity of proposed system)
Thus, in the above example, the surcharge for new sewer service to each unit (assuming a single family residence) would be $1,500. For customer other than single-family dwellings the surcharge shall be multiplied by the factor listed below:
Establishment Unit Factor
Single Family Home Per Unit 1.000
Duplex (1 or 2 bedrooms) Per Unit 0.833
Duplex (3 or more bedrooms) Per Unit 1.000
Multifamily (1 bedroom) Per Unit 0.583
Multifamily (2 bedrooms) Per Unit 0.833
Multifamily (3 or more bedrooms) Per Unit 1.000
Barber/beauty shop Per Station 0.300
Restaurant/Cafeteria Per Seat 0.100
Restaurant (24 hours) Per Seat 0.167
Restaurant (fast food) Per Seat 0.050
Hotel/Motel (not including food service, Per Room 0.500
Middle and High Per Student 0.067
Elementary and Nursery Per Student 0.025
(E) In addition to the surcharge, all new connections shall be subject to all other fees including, but not limited to, connection fees, fees for permit applications, inspections, and other related charges as set out in §§ 51.160 et. Seq. of this code.
§ 51.217 SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is for any reason declared illegal, unconstitutional, or otherwise invalid, such declaration shall not affect the remaining portions hereof.
(Ord. 10-01, passed 05/03/10)
§ 51.999 PENALTY
(A) Any person found to be violating any provision of this chapter except § 51.002 shall be served by the city with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor, on conviction thereof, shall be fined in an amount not exceeding $500 for each violation, owner shall be liable to the City in the form of restitution of all costs and expenses in accordance with § 51.189 (B) each day in which any violation continues shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned to the city by reason of the violation. (Ord. 86-1, passed 1-8-86; Am. Ord. 98-5, passed 7-15-98)
§ 51.300 PURPOSE
The purpose of this ordinance is to provide for the dedication of official phases of water supply shortage situations and the implementation of voluntary and mandatory water conservation measures throughout the City in the event a shortage is declared. Nothing in this ordinance shall be construed to interfere with common law riparian or statutory water rights.
§ 51.301 DEFINITIONS
(A) “Customer,” as a term is used in this ordinance, shall mean any person using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of bulk sales, a case charge is made at the site or delivery.
(B) “Other Sources of Water” as the term is used in this ordinance, shall mean water that has not been introduced by the City into its water distribution system.
(C) “Raw Water Supplies,” as the term is used in this ordinance, shall mean all water potentially available to persons in the City of New Castle.
(D) “Treated Water,” as the term is used in this ordinance, shall mean water that has been introduced by the City into its water distribution system, including water offered for sale. Used of treated water are classified as follows:
1. Essential Water Uses (Class 1):
The following uses of water, listed by site or user type, are essential.
-Water necessary to sustain human life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation.
(b) Health Care Facilities:
-Patient care and rehabilitation
(c) Water Hauling:
-Sales for domestic use where not reasonably available elsewhere.
(d) Public Use:
-Health and public protection purposes, as specifically approved by health officials and the municipal governing body.
2. Socially or Economically Important Use of Water (Class 2)
The following uses of water, listed by site or user type, are socially or economically important.
-Personal, in-house water use including kitchen, bathroom,
(b) Water Hauling:
-Non-domestic, when other sources are not reasonably available
(c) Commercial and Civic Use:
-Commercial car and truck washes
-Restaurants, clubs and eating places
-Schools, churches, motels/hotels and similar commercial
(d) Outdoor Non-Commercial Watering:
-Minimal watering of vegetable gardens
-Minimal watering of trees where necessary for their survival
(e) Outdoor Commercial or Public Watering (using conservation methods
And when other sources of water are not available or feasible to use):
-Agricultural irrigation for the production of food and fiber or
Maintenance of lice stock
-watering by arboretums and public gardens of national, state,
regional or community significance where necessary to
-watering by commercial nurseries where necessary to maintain
-watering where necessary to establish or maintain
re-vegetation or landscape plantings required pursuant to law
-watering of woody plants where necessary to preserve them
-minimal watering of golf course greens.
-operation of municipal swimming pools and residential pools
that serve more than 25 dwelling units.
(g) Air Conditioning:
-refilling for startup at the beginning of the cooling season
-makeup of water during the cooling season
-refilling specifically approved by health officials and the
municipal governing body, where the system has been drained
for health protection or repair services.
3. Non-Essential (Class 3):
Any use of water, as defined herein, is non-essential. The following uses of water, listed by site or user type, are also non-essential.
(a) Public Use:
-use of fire hydrants (excluding Class 1 and Class 2 uses),
including use of sprinkler caps, testing fire apparatus and
fire department drills
-flushing of sewers and hydrants except as needed to ensure public
health and safety as approved by health officials and the
municipal governing body.
(b) Commercial and Civil Use:
-serving water in restaurants, clubs, or eating places, except by
-failure to repair a controllable leak
-increasing water levels in scenic and recreational ponds and
lakes, except as necessary to support fish and wildlife.
(c) Ornamental Purposes:
-fountains, reflecting pools and artificial waterfalls.
(d) Outdoor Non-Commercial Watering:
-use of water for dirt control or compaction
-watering of annual or non-woody plants other than vegetable
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas.
-washing sideways, walkways, driveways, parking lots, tennis
courts or other hard-surface areas.
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(e) Outdoor Commercial or Public Watering:
-expanding nursery facilities, placing new irrigated agricultural
land in production, or planting of landscaping except when
required by a site design review process
-uses of water for dirt control or compaction
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas
-washing sidewalks, walkways, driveways, parking lots, tennis
courts or other hard-surface areas
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(f) Recreation uses other than those specified in class 2
(g) Non-commercial washing of motor and other vehicles.
(h) Air Conditioning (see also Class 2 for purposes):
-refilling cooling towers after draining.
(E) “Waste of Water,” as the term is used in this ordinance, includes, buy is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to the defective plumbing.
(F) Water Shortage Response Phase:
“Advisory,” as the term is used in this ordinance, shall mean that conditions exist which indicate the potential for serious water supply shortages.
“Alert,” as the term is used in this ordinance, shall mean that raw water supplies are consistently below seasonal averages, and if they continue to decline, may not be adequate to meet normal needs.
“Emergency,” as the term is used in this ordinance, shall mean that water supplies are below the level necessary to meet normal needs and that serious shortages exist in the area.
§ 51.302 DECLARATION OF A WATER SHORTAGE ADVISORY.
Whenever the governing body of the City finds that a potential shortage of raw water supplies is indicated, it shall be empowered to declare by resolution that a Water Shortage Advisory exists, and that the water manager or superintendent shall, on a daily basis, monitor the supply and demands upon that supply. In addition, the mayor (or his/her agent) is authorized to call upon all water customers to employ voluntary water conservation measures to limit non-essential (Class 3) water use and eliminate the waste of water. This resolution shall be published in the official city newspaper and may be publicized and through the general news media or any other appropriate method for making such resolutions public.
§ 51.303 DECLARATION OF A WATER SHORTAGE ALERT.
Whenever the governing body of the City finds raw water supplies to be consistently below seasonal averages, and if they continue to decline and may not be adequate to meet normal needs, it shall be empowered to declare by resolution that a Water Shortage Alert exists. The City shall continue to encourage voluntary water conservation measures defined under the Advisory declaration, and further shall impose a ban on all non-essential (Class 3) water uses for the duration of the shortage until it is declared to have ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in section 3 of this ordinance.
§ 51.304 DECLARATION OF A WATER SHORTAGE EMERGENCY.
Whenever the governing body of the City finds that raw water supplies are below the level necessary to meet normal needs and that serious shortage exists, it shall be
empowered to declare by resolution that a Water Shortage Emergency exists. Essential Uses (Class 1) shall be identified, in specific, as targets for voluntary conservation initiates. Also, all socially or Economically Important Uses (Class 2) shall be restricted, and Non-Essential Uses (Class 3) shall be banned. These restrictions shall be considered ongoing until the emergency is ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in Section 3 of this ordinance.
§ 51.305 SHORTAGE WATER RATES.
Upon the declaration of a water shortage as provided in Section 3-5, the governing body of the City shall have the power to adopt shortage water rates, by ordinance, designed to conserve water supplies. Such rates may provide for, but not be limited to: (a) higher charges per unit for increasing usage (increasing block rates); (b)
uniform charges for water usage per unit of use (uniform unit rate); (c) extra charges for use in excess of a specified level (excess demand surcharge); or (d) discounts for conserving water beyond specified levels.
§ 51.306 REGULATIONS.
During the effective period of any water supply shortages as provided for in Section 3-5, the mayor (or city manager or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply shortage resolution, or water shortage rate ordinance.
Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.
§ 51.307 PENALTIES.
Ant person who violates the provisions of this ordinance, who fails to carry out the duties and responsibilities imposed by this ordinance, or who impedes or impedes or interferes with any action undertaken or ordered pursuant to this ordinance shall be subject to the following penalties.
(A) If the mayor, city manager, water superintendent, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures.
(1) The City shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a City official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the customer charged with the
violation, he or she shall be given a full opportunity to be heard
before termination is ordered.
(3) The governing body or hearing officer shall make findings of fact
and order whether service should continue or be terminated.
(B) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200.00 for the second violation and $300.00 for each additional violation.
(C) Any customer may also be charged with violation of this ordinance and prosecuted in Henry District Court. Any person violating the provisions of this ordinance shall be guilty of a Class B misdemeanor. Each day’s violation shall constitute a separate offense.
§ 51.308 SEVERABILITY.
If any provision of this ordinance is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the
remainder of the ordinance and its applicability to the persons and circumstances shall not be affected thereby.
§ 51.309 EFFECTIVE DATE.
This ordinance shall take immediately upon adoption or passage.
§ 51.310 EFFECTIVE PERIOD.
This ordinance will remain in effect until terminated by action of the City Commission.
CHAPTER 52: TRAFFIC CODE
52.002 Required obedience to traffic directions
52.003 Powers and duties of Police Department
52.004 Authority for enforcement
52.005 Temporary regulations
Traffic Control Devices
52.015 Signal legends
52.016 Establishment and maintenance of traffic-control devices
52.017 Obedience to signals
52.018 Interference with signals
52.019 Unauthorized signals or markings
52.020 Device to be legible and in proper position
52.021 Temporary disregard of devices by police officers
Operation Generally; Accidents
52.030 Obstructing traffic
52.031 Reverse or U turns
52.032 Backing vehicle
52.033 Vehicles crossing sidewalks
52.034 Duty of operator in case of accident
52.035 Accident report
52.045 Reckless driving; injury to streets
52.046 Right-of-way of emergency vehicles; following emergency vehicles;
driving over fire hose
52.047 Smoke emission or other nuisance
52.049 Dynamic braking devices
52.61 Permit required
52.62 Application for permit
52.63 Standards for issuance of permit
52.64 Notice of rejection of permit
52.65 Appeal procedures when permit denied
52.66 Alternative permit
52.67 Notice to city and other officials when permit issued
52.68 Contents of permit
52.69 Duties of permittee
52.70 Public conduct during parades
52.71 Revocation of permit
52.080 Obstructional or double parking; abandoned vehicles
52.081 Manner of parking
52.082 Stopping on roadway prohibited; exceptions
52.083 Limitations of stopping and parking
52.084 Restrictions and prohibitions on designated streets
52.085 Parking restricted to allow street cleaning
52.086 All-night parking
52.087 Parking on parade route
52.088 Parking on off-street facility
52.089 Owner responsibility
52.090 Parking in parks
52.091 Display of parked vehicle for sale
52.092 Parking with handicapped permits
52.110 Impoundment of vehicles authorized; redemption
52.111 Required notice to owner
52.112 Sale of vehicle
Revenues from fees, fines, and forfeitures related to parking, see KRS
§ 52.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTHORIZED EMERGENCY VEHICLES." Vehicles of the Volunteer Fire
Department or Police Department, vehicles of the Commonwealth Attorney's office when on official business, and ambulance on an authorized emergency run.
"BOULEVARD." Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.
"BUSINESS DISTRICT." Any portion of any street between two consecutive intersections in which 50% or more of the frontage on either side of the street is used for business purposes.
"CROSSWALK." That portion of the roadway included within the extension of the sidewalk across any intersection, and such other portions of the roadway between two intersections, as may be legally designated as crossing places and marked by stanchions, paint lines, or otherwise.
"CURB." The boundary of that portion of the street used for vehicles whether marked by curbstones or not.
"INTERSECTION." That part of the public way embraced within the extensions of the street lines of two or more streets which join at an angle whether or not one such street crosses the other.
"OFFICIAL TRAFFIC-CONTROL DEVICES." All signs, signals, warnings, directions, markings, and devices placed or erected or maintained by authority of the City Commission.
"ONE-WAY STREET." A street on which vehicles are permitted to move in one direction only.
"OPERATOR." Every person who is in actual physical control of the guidance, starting, and stopping of a vehicle.
"PARK." When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.
"PEDESTRIAN." Any person afoot.
"PLAY STREET." Any street or portion thereof so designated by the City Commission and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.
"POLICE DEPARTMENT." The Police Department or other persons or agency authorized to perform the duties of § 52.003 or any other acts necessary to implement and enforce this traffic code.
"PUBLIC WAY." The entire width between property lines of every way, dedicated passway, or street set aside for public travel, except bridle paths and foot paths.
"REVERSE TURN." To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
"RIGHT-OF-WAY." The privilege of the immediate and preferential use of the street.
"ROADWAY." That portion of any street, improved, designated, or ordinarily used for vehicular travel.
"SIDEWALK." That portion of the street between the curb and the property line intended for the use of pedestrians.
"STOPPING." As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.
"STREET." Every public way, including alleys.
"TRAFFIC." Pedestrians, ridden or herded animals, vehicles, buses, and other conveyances, individually or collectively, while using any street for the purpose of travel.
"VEHICLE." Every device in, on, or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.
§ 52.002 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.
(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county, or city, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.
(C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application. Penalty, see § 52.999
§ 52.003 POWERS AND DUTIES OF POLICE DEPARTMENT.
It shall be the duty of the Police Department to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents, and to cooperate with other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.
§ 52.004 AUTHORITY FOR ENFORCEMENT.
Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the Police Department, and, except in case of emergency, it shall be unlawful for any
other person to direct or attempt to direct traffic by voice, hand, whistle, or any other signal. Penalty, see § 52.999
§ 52.005 TEMPORARY REGULATIONS.
When required for the safety of the public and to alleviate extraordinary traffic problems resulting from severe and inclement weather conditions or other emergencies, the Director of Public Works is hereby authorized to impose and implement such regulations as are reasonable and necessary to restore normal traffic conditions. Notice of the nature, duration and extent of any such temporary regulations shall be transmitted to all local media, and a reasonable attempt to notify any private property owners/occupiers affected by the same shall me made.
§ 52.015 SIGNAL LEGENDS.
Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights for purposes of traffic control, the following colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:
(A) Green alone or "Go": Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Steady yellow alone or "Caution" when shown following the green or "Go" signal: Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicular traffic facing a steady yellow signal may enter and clear the intersection.
(C) Red alone or double red or "Stop": Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "Go" is shown alone.
(D) Flashing red alone: Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it can do so without danger.
(E) Flashing amber alone: Vehicular traffic facing the signal shall reduce its speed and proceed cautiously across the intersection controlled by such signal.
(F) "Yield Right-of-Way": Vehicular traffic facing the "Yield Right-of-Way" sign shall bear the primary responsibility of safely entering the primary intersecting or merging right-of-way. All traffic facing the sign shall yield the right-of-way. All traffic facing the sign shall yield the right-of-way to all vehicles and pedestrians within such primary intersecting or merging right-of-way. No vehicle facing a "Yield Right-of-Way" sign shall enter the merging or intersecting right-of-way at a speed in excess of 15 miles per hour, except that this speed limit shall not apply to vehicles entering an expressway.
(G) Lane lights: When lane lights are installed over any street for the purpose of controlling the direction of flow of traffic, vehicular traffic shall move only in traffic lanes over which green arrows appear. However, when flashing amber lights appear above a lane all left turns shall be made from that lane. Where red arrows appear above such lanes, vehicles shall not move against them. If flashing amber lights show above a lane, that lane shall be used only for passing and for left turns unless a sign at such place prohibits such turn.
Penalty, see § 52.999
Traffic-control signals, see KRS 189.338
§ 52.016 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
The city shall establish and maintain all official traffic-control devices necessary within the city. All traffic-control devices, including signs, shall be employed to indicate one particular warning or regulation, shall be uniform, and as far as possible shall be placed uniformly. All traffic-control devices and signs shall conform to required state specifications.
§ 52.017 OBEDIENCE TO SIGNALS.
(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate, or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign must be approved by the city.
(B) Such sign, signal, marking, or barrier shall have the same authority as the personal direction of a police officer. Penalty, see § 52.999
§ 52.018 INTERFERENCE WITH SIGNALS.
No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof. Penalty, see § 52.999
§ 52.019 UNAUTHORIZED SIGNALS OR MARKINGS.
(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal bearing any commercial advertising. Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign that’s placing has been approved by the city.
(B) Every such prohibited sign, signal, or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed. Penalty, see § 52.999
§ 52.020 DEVICE TO BE LEGIBLE AND IN PROPER POSITION.
No provision of this traffic code for which signs or any other traffic-control device is required shall be enforceable against an alleged violator if at the time and place of the
alleged violation the required device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 52.021 TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS.
In an emergency any police officer may at his discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.
OPERATION GENERALLY; ACCIDENTS
§ 52.030 OBSTRUCTING TRAFFIC.
(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.
(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.
(C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall be marked in such distinctive manner as to indicate such importance. Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he shall be deemed to have violated this division rather than division (B) above.
Penalty, see § 52.999
§ 52.031 REVERSE OR U TURNS.
The operator of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety without interfering with other traffic. (KRS 189.330 (8)) Penalty, see § 52.999
§ 52.032 BACKING VEHICLES.
It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement. A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel. Penalty, see § 52.999
§ 52.033 VEHICLES CROSSING SIDEWALKS.
(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the City Commission or other authorized city official.
(B) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building, or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension. On entering the roadway from the alley, driveway, or building the operator shall yield the right-of-way to all vehicles approaching on the roadway. The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution. Penalty, see § 52.999
§ 52.034 DUTY OF OPERATOR IN CASE OF ACCIDENT
It shall be the duty of the owner of, operator of, or passenger in any motor vehicle which is involved in an accident in which any person is injured or property damaged to stop immediately and ascertain the extent of the injury or damage and render such assistance as may be needed. Penalty, see § 52.999
Duty in case of accident, see KRS 189.580
§ 52.035 ACCIDENT REPORT.
The operator, owner, or passenger involved in an accident resulting in the injury or death of any person, or an accident in which property is damaged, shall immediately report the accident or property damage to the Police Department.
Penalty, see § 52.999
§ 52.036 INITIATION OF USER FEES.
The City of New Castle Police Department shall initiate user fees for the delivery of Police Department Services, personnel, supplies and equipment to the scene of motor vehicle accidents. The rate of the user fees shall be that which is the usual, customary and reasonable costs (UCR), which includes any services, personnel, supplies and equipment and may fluctuate based on the needs of the accident.
§ 52.037 FILING.
The user fees shall be initially filed to the motor vehicle insurance, representing an add-on-cost of the claim for the damages of the vehicles, property and/or owner of property, or other responsible parties.
§ 52.038 RULES AND REGULATIONS.
The City Commission may make rules or regulations, and from time-to-time may amend, revoke or add rules and regulation, not in consistent with this Section as they may deem necessary or expedient in respect to billing for these fees or the collection thereof.
§ 52.039 FUNDS USED FOR POLICE.
All amount collected as a result of this Ordinance shall be placed into a fund as established by the City Commission to be used exclusively for personnel, supplies and equipment for the New Castle Police Department.
(Ord. # 06-03; adopted 5-10-06)
§ 52.045 RECKLESS DRIVING; INJURY TO STREETS.
(A) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(B) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway. (KRS 189.290) Penalty, see § 52.999
§ 52.046 RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY VEHICLES; DRIVING OVER FIRE HOSE.
(A) Upon the approach of any emergency vehicle equipped with, and operating, one or more flashing, rotating, or oscillating red or blue lights visible under normal conditions from a distance of 500 feet to the front of such vehicle; or when the driver is giving audible signal be siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the highway clear of any intersection, and stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a police officer or firefighter.
(B) Upon the approach of any emergency vehicle operated in conformity with the provision of division (A) above, the operator of every vehicle shall immediately stop clear of any intersection and shall keep such position until the emergency vehicle has passed, unless directed otherwise by a police officer or firefighter.
(C) No operator of any vehicle, unless he is on official business, shall follow any emergency vehicle being operated in conformity with the provisions of division (A) above closer than 500 feet, nor shall he drive into, park the vehicle into, or park the vehicle within the block where the vehicle has stopped in answer to an emergency call or alarm, unless he is directed otherwise by a police officer or firefighter.
(D) No vehicle, train, or other equipment shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, private driveway, or track for any use at any fire or fire alarm unless the fire department official in command consents that the hose be driven over.
(KRS 189.930) Penalty, see § 52.999
§ 52.047 SMOKE EMISSION OR OTHER NUISANCE.
Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke, or other nuisance, to protect the rights of other traffic, and to promote the public safety. (KRS 189.020) Penalty, see § 52.999
§ 52.048 SKATEBOARDS/BICYCLES RESTRICTED.
It shall be unlawful for any person to use or ride skates, skateboards, or bicycles on any sidewalk adjoining Main Street between College Street and Church Street or
adjoining Main Cross Street between Center Street and Property Road between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday, and 8:00 a.m. through noon on Saturdays, Sundays and holidays.
§52.049 DYNAMIC BRAKING DEVICES PROHIBITED.
(A) DEFINITION: A dynamic braking device (commonly referred to as Jake Brakes, Jacobs Break, Engine Breaks or Compression Brakes) is defined as a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of breaking without the use of wheel brakes.
(B) USE PROHIBITED: It is unlawful for any person to operate any motor vehicle with a dynamic breaking device engaged within the city limits, where posted, except for emergency situations for the purpose of avoiding a collision with another object or vehicle.
§ 52.060 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicated or requires a different meaning.
“CRUISING.” The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.
“PARADE.” Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or “CRUISING” as defined herein.
“PARADE PERMIT.” A permit required by this subchapter.
“PARKING LOT.” Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire as defined in KRS 189.700.
§ 52.061 PERMIT REQUIRED.
(A) No person or persons shall engage in, participate in, aid, form, or start and parade unless a parade permit has been obtained from the City Commission of other authorized city official.
(B) This subchapter shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities;
(3) A governmental agency acting within the scope of its functions.
Penalty, see § 52.999
§ 52.062 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an application with the City Commission of other authorized city official on forms provided by the Commission or such officer.
(A) Filing period. The application for a parade permit shall be filled not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.
(B) The application for a parade permit shall set forth the following information:
(1) The name, address, and telephone number of the person seeking to conduct
(2) If the parade is proposed to be conducted for, on behalf of, or by an
Organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;
(3) The name, address, and telephone number of the person who will be the
Parade chairman and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point, and the termination point;
(6) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;
(7) The hours when the parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalks, park, or other public place proposed to be traversed;
(9) The location by street of any assembly area for the parade;
(10) The time at which units of the parade will being to assemble at any such
assembly area or areas;
(11) The internal of space to be maintained between units of the parade;
(12) If the parade is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for the permit shall file a
communication in writing from the person authorizing the applicant to
apply for the permit on his behalf;
(13) An acknowledgement by the applicant that all rubbish, trash, litter and
other debris accumulated along the route resulting from parade activities
shall be cleaned up and removed by the organization conducting the
parade within twenty-four (24) hours of the completion of the parade.
(14) Any additional information reasonable necessary to a fair determination
as to whether a permit should issue.
(C) There shall be paid at the time of filing an application for a parade permit a deposit in the amount of $100.00. The deposit may be withheld in whole or in part to be applied to any expenses incurred by the City resulting from any non-compliance of this subchapter. Penalty, see § 52.999
§ 52.063 STANDARDS FOR ISSUANCE OF PERMIT.
The City Commission or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he finds that:
(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the live of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(D) The concentration of persons, animals, and vehicles at assemble points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire;
(F) The parade is scheduled to move from its point of origin to its point of terminations expeditiously and without unreasonable delays enroute;
(G) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;
(H) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade. Penalty, see 52.999
§ 52.064 NOTICE OF REJECTION OF PERMIT.
The City Commission or other authorized city officials shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If the City Commission or authorized city official disapproves the application, it shall mail to the applicant within three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of its action stating the reasons for denial of the permit.
§ 52.065 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Commission. The appeal shall be taken within the 30 days after notice of denial. The City Commission shall act on the appeal within the 30 days after its receipt.
§ 52.066 ALTERNATIVE PERMIT.
The City Commission or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept and alternate permit shall file a written notice of his acceptance.
An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
§ 52.067 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit, a copy thereof shall be sent to the following persons:
(A) The City Commission;
(B) The City Attorney;
(C) The Fire Chief;
(D) The general manager or responsible head of each public utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
§ 52.068 CONTENTS OF PERMIT.
Each parade permit shall state the following information:
(A) Starting time;
(B) Minimum speed;
(C) Maximum speed;
(D) Maximum interval of space to be maintained between the units of the parade;
(E) The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;
(F) The maximum length of the parade is miles or fractions thereof;
(G) Such other information as is reasonable necessary to the enforcement of this subchapter.
Penalty, see § 52.999
§ 52.069 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading the activity shall carry the parade permit on his person during the conduct of the parade. Penalty, see § 52.999
§ 52.070 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonable hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(C) Parking on parade route. The City Commission or other authorized city official shall have the authority, when reasonable necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this division. Penalty, see § 52.999
§ 52.071 REVOCATION OF PERMIT.
The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.
§ 52.080 OBSTRUCTIONAL OR DOUBLE PARKING; ABANDONED VEHICLES.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within the city either during the day or night.
(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.
(C) It shall be unlawful for any person to leave a motor vehicle on a city street under circumstances indicating an abandonment. Any motor vehicle left on a city street for more than seven consecutive days shall be presumed to be abandoned.
(Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.081 MANNER OF PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a one-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.
(B) No vehicle shall be parked or left standing on any street unless its two right wheels are within six inches of and parallel with the curb, except that on one-way streets where parking is permitted on the left side the two left wheels are to be within six inches of and parallel with the curb.
(C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that such loading and unloading and delivery of property and material shall not consume more than 30 minutes. Such backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway of moving vehicles or occupies road space within ten feet of the center line of the street.
(D) The city may establish diagonal parking at certain places requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not be established where the roadway space required therefore would be within ten feet of the center line of any street. Such diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which such vehicle shall park.
(E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for one vehicle. Penalty, see § 52.999
§ 52.082 STOPPING ON ROADWAY PROHIBITED; EXCEPTIONS.
(A) No person shall stop a motor vehicle, leave it standing, or cause it to stop or to be left standing on the roadway of any city street. However, the prohibition expressed in this division shall not apply to a motor vehicle:
(1) Disabled on the main-traveled portion of a city street in such a manner
and to such extent that it is impossible to avoid the occupation of the
main-traveled portion or impracticable to remove it from the city street
until repairs have been made or sufficient help obtained for its
(2) When required to stop in obedience to the provisions of state law, any
county or city traffic ordinance or sign, or the command of any peace
(3) When required to stop by reason of an obstruction to its progress;
(4) Parked adjacent to a residence off the roadway of a city street
where such parking is otherwise permitted, provided the motor vehicle
so parked does not impede the flow of two-lane traffic or access to
(5) In the event of inclement weather, and under conditions creating a
substantial necessity to do so, parking along a city roadway, provided
that the motor vehicle so parked allows for the passage of all police,
fire and other emergency vehicles. Any vehicle so parked shall be
removed immediately when the necessity for so parking ceases to
(B) Whenever any police officer finds a motor vehicle standing on a city street in violation of division (A), he may move the vehicle, or require the operator or other person in charge of the vehicle to move it, to a position off the paved or main-traveled part of the street. (Ord. 84-7, passed 11-6-85) Penalty see § 52.999
§ 52.083 LIMITATIONS OF STOPPING AND PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park such vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:
(1) On a sidewalk. (Ord. 84-7, passed 11-6-85)
(2) In front of sidewalk ramps provided for handicapped persons.
(3) In front of a public or private driveway.
(4) Within an intersection or crosswalk. (Ord. 84-7, passed 11-6-85)
(5) At any place where official signs prohibit stopping or parking.
(Ord. 84-7, passed 11-6-85)
(6) Within 30 feet of any flashing beacon, traffic sign, or traffic-control
(7) No person shall move a vehicle not lawfully under his control into any
such prohibited area. (KRS 189.450 (4) - (6))
(B) The prohibitions expressed in division (A) of this section shall not apply to any peace officer when operating a properly identified vehicle during the performance of his official duties. (Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.084 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.
(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control devices.
(B) The provisions of this section imposing a time limit on parking shall not relieve any person from his duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.
(C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.
(D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.
(E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.
(F) (1) The city shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, appropriate signs shall be erected giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times may be painted a solid yellow color.
(2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require such signs and markings.
(G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.
Penalty, see § 52.999
§ 52.085 PARKING RESTRICTED TO ALLOW STREET CLEANING.
The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to stop on any street so designated. Penalty, see § 52.999
§ 52.086 ALL-NIGHT PARKING.
It shall be unlawful for anyone to park in any one place any vehicle on any of the public ways or streets of the city for a period of 24 hours or longer. Any vehicle left parked in any one place on any of the public ways or streets of the city for a period of 24 hours or longer shall be deemed abandoned, and shall be subject to all existing regulations of the city pertaining to abandoned motor vehicles. Penalty, see § 52.999
Removal of abandoned vehicles, see § 52.111 et seq.
§ 52.087 PARKING ON PARADE ROUTE.
(A) The City Commission or other authorized city official shall have the authority, whenever in its judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent such parking.
(B) It shall be unlawful to park or leave unattended any vehicle in violation of such signs or directions. Penalty, see § 52.999
Parades, see § 52.060 through 52.071
§ 52.088 PARKING ON OFF-STREET FACILITY.
It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of any such property or facility. If at any time a vehicle is parked, abandoned, or otherwise trespasses in violation of the provisions of this section, a warrant may be obtained in District Court by the owner, lessee, or person in charge of the property or facility, and the Police Department, on written complaint of the owner, lessee, or person in charge, shall remove or cause to be removed the vehicle in accordance with the provisions of § 52.110 through 52.112. Penalty, see § 52.999
§ 52.089 OWNER RESPONSIBILITY.
If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
Penalty, see § 52.999
§ 52.090 PARKING IN PARKS.
It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot, or tot lot within the city not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least two wheels of the motor vehicle are resting on such roadway. Penalty, see § 52.999
§ 52.091 DISPLAY OF PARKED VEHICLE FOR SALE.
It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street. Penalty, see § 52.999
§ 52.092 PARKING WITH HANDICAPPED PERMITS.
(A) Any other provision to the contrary notwithstanding, a motor vehicle bearing a decal in its front windshield issued by the County Clerk pursuant to appropriate
county ordinances for handicapped persons, when operated by a handicapped person or when transporting a handicapped person, may be parked in a designated handicapped parking place, or when parked for in a metered parking space may be parked for two hours for no fee, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. The motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person to or from the parked vehicle, but in no circumstances longer than 30 minutes.
(B) This section shall not permit parking in a "no stopping" or "no parking" zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon, or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
Penalty, see § 52.999
§ 52.110 IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.
(A) All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.
(B) A vehicle slated for impoundment will be tagged and placed under control of the Police Department. Should a vehicle be moved without the consent and approval of the Police Department a warrant shall be issued immediately for the violator's arrest.
(C) All fines, fees, and charges must be paid in full before a release of impoundment can be issued for the vehicle's release.
§ 52.111 REQUIRED NOTICE TO OWNER.
(A) When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority, or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority, or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority, or private person or business shall attempt to ascertain from the State Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS
Chapter 281 and within ten business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number, and vehicle identification number of the vehicle, of the location of the vehicle, and of the requirements for securing the release of the motor vehicle.
(B) In the event that a vehicle described in division (A) is placed in a garage or other storage facility, the owner of the facility shall attempt to provide the notice provided in division (A) by certified mail to the registered owner at the address of record of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 within ten business days of recovery of, or taking possession of the motor vehicle. This notice shall contain the information as to the make, model, license number, and vehicle identification number of the vehicle, the location of the vehicle, and the amount of reasonable charges due on the vehicle. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after ten business days from the date of tow. This division (B) shall not apply to a tow lot or storage facility owned or operated by the city. (KRS 376.275 (1), (2))
§ 52.112 SALE OF VEHICLE.
Any person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements
of § 52.111 shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his possession. If after a period of 60 days, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. Should the proceeds of the sale of any vehicle pursuant to this section be insufficient to satisfy accrued charges for towing, transporting, and/or storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and/or storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens. (KRS 376.275 (3))
§ 52.999 PENALTY
(A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall be fined not less than $20 nor more than $500.
(B) Any person who violates § 52.046 shall be fined not less than $60 nor more than $500, or be imprisoned in the county jail for not more than 30 days, or both.
(C) Any person receiving a citation for any parking violation in the city shall be fined in amount not less than $20 nor more than $100.
(KRS 189.990 (1))
CHAPTER 53: STREETS AND SIDEWALKS
Excavations and Construction
53.01 Opening permit required
53.02 Application and cash deposit
53.03 Restoration of pavement
53.04 Barriers around excavations
53.05 Warning lights
53.06 Sidewalk construction
Road and Bridge Projects
53.15 Public hearing required
53.16 Notice requirements
53.17 Public may testify; effect of testimony
53.18 Hearing to be held prior to construction
53.19 Separate hearing for each project not required
53.20 Exemptions from hearing requirement
53.30 Unloading on street or sidewalk
53.31 Street and sidewalk obstruction
53.32 Materials on street or sidewalk
53.33 Removal of ice and snow
EXCAVATIONS AND CONSTRUCTION
§ 53.01 OPENING PERMIT REQUIRED.
It shall be unlawful for any person, other than an authorized city official, to make any opening in any street, alley, sidewalk, or public way of the city unless a permit to make the opening has been obtained prior to commencement of the work.
§ 53.02 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the City Commission or other authorized city official. Application shall be made on a form prescribed by the City Commission, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the City Commission or other authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
§ 53.03 RESTORATION OF PAVEMENT.
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the City Commission or other authorized city official, and in accordance with rules, regulations, and specifications approved by the City Commission.
(B) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time to make such fill and the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 53.02 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it. If the amount of such services performed by the city should exceed the amount of the deposit, the City Clerk-Treasurer/Tax
Collector or other proper administrative officer shall proceed to collect the remainder due from the permittee.
§ 53.04 BARRIERS AROUND EXCAVATIONS.
Any person engaged in or employing others in excavating or opening any street, sidewalk, alley, or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
Penalty, see § 53.99
§ 53.05 WARNING LIGHTS.
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall be securely and conspicuously posted on, at, or near each end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed. Penalty, see § 53.99
§ 53.06 SIDEWALK MAINTENANCE, CONSTRUCTION AND REPAIR
(A) All property owners within the city are charged with the responsibility of maintaining and shall maintain and keep in proper repair, that portion of the sidewalk which parallels and/or abuts a street and lies within the public right-of-way adjacent to that property.
(B) It shall be the duty of the Director of Public Works to supervise the construction or repair of all sidewalks within the city. He shall cause specifications to be prepared related to the construction and repair of sidewalks and transmit the specifications to the City Commission for approval.
(c) The Director of Public Works of the City shall perform an annual assessment of sidewalks within the city right of way and create a priority list of sidewalk repairs needed. In order for city participation on the repair of sidewalks the property owner shall comply with city specifications for sidewalks. If the owner does not comply with the city specifications, then the owner shall sign an agreement with the city taking full financial and legal responsibility for that portion of the sidewalk.
§53.07 OWNER’S RESPONSIBILITY FOR SIDEWALK REPAIR
The following sidewalk conditions are determined to be contrary to the general welfare and require that all sidewalks, in such condition to be repaired or the general condition be alleviated, as directed by the Director of Public Works.
(A) Adjoining blocks or portions thereof whose edges differ vertically by more than one inch.
(B) Blocks having substantial depressions, reverse cross-slope (sloping away from the street) or below curb grade so as to impound mud or water.
(C) Blocks having a cross slope in violation of ADA regulations.
(D) Blocks that cause an abrupt change in the longitudinal grade of the sidewalk.
(E) Blocks that are raveled, such as, the surface has spalled or severely cracked.
(F) Blocks containing stumps, private sign posts or other unauthorized obstructions in the sidewall space.
(G) Blocks containing water stop-boxes, gas stop-boxes or similar items that are not at grade level.
(H) Sidewalks located so that the sod area between the sidewalk and street protrudes above the sidewalk thereby impounding water or causing water to drain along the sidewalk or so that the sod areas on either side of the sidewalk is below the grade of the sidewalk.
Whenever any sidewalk or portion thereof requires repair in accordance with §53.07 herein, the City shall notify in writing the responsible property owners that such repairs shall be commenced within 60 days and completed within 90 days of the date of the mailing of the notice to the last known address of such persons. Records maintained by the Henry County Property Valuation Administrator may be relied upon to determine the identity and the address of the person. Receipt of such notice shall be presumed conclusively upon mailing.
§53.09 PROPERTY OWNER RESPONSIBLE FOR WORK; COST OF REPAIRS
Within the time set forth above, any person thereby affected shall commence and complete the sidewalk repairs in an orderly and workmanlike manner in accordance with applicable City specifications, City ordinances and Henry County subdivision regulations for the installation of sidewalks and the cost of such repairs shall be borne by the persons responsible.
§53.10 INSPECTION OF WORK BY CITY; NOTICE IF UNSATISFACTORY
If, in the judgment of the Director of Public Works, repair or reconstruction work performed by the persons responsible hereinabove is unsatisfactory, or has not been performed in accordance with the applicable city specifications, the City shall give written notice thereof to the responsible property owner(s) hereunder and shall proceed under the provisions of §53.11.
§53.11 WORK DONE BY CITY; INTEREST AND LIEN
Upon failure of the persons responsible to undertake complete repair of the sidewalk within the time specified herein, the city shall undertake, without further notification to the owner, to make such repairs at the expense of the responsible persons. Under completion of the work by the city, the city shall notify and bill the responsible persons for the costs therein incurred, plus a reasonable administration charge. The total charge, together with interest at 10% per annum on the unpaid balance thereof commencing from the date of the bill until paid, shall be due and owing by the responsible persons to the city and shall constitute a lien on the real estate to secure payment in full thereof.
§53.12 VOLUNTARY CURN, GUTTER AND SIDEWALK REPAIR
(A) In order to encourage and support the integrity of the existing infrastructure within the city rights-of-way, the city may provide assistance to the property owner in the reconstruction of curb, gutter, and/or sidewalks. This reconstruction work shall commence upon execution of an agreement between the city and the property owner which shall otherwise comply with the provisions of this ordinance. City assistance shall not exceed fifty (50%) percent of the total cost of reconstruction.
§53.13 MAINTENANCE WITHIN THE RIGHT-OF-WAY CONSTRUCTION OF NEW SIDEWALKS
(A) All property owners within the City shall be responsible for maintaining all sidewalks, ditches, curbs, and gutters, driveway pipes, drainage pipes, and undeveloped areas of rights-of-way abutting such premises in a clean and sanitary condition.
(B) All owners of property within the city limits upon which the construction of a residential dwelling or apartment units is begun after the effective date of this ordinance and where an existing sidewalk abuts the subject tract and said construction is not otherwise regulated by the Henry County Subdivision regulations shall construct a sidewalk along the right of way or other public way adjacent to the owner’s property. Said sidewalk shall be constructed in conformity with the provisions of this ordinance. The City may share in that cost pursuant to §53.12 herein.
Done this 12 day of September, 2011.
ROAD AND BRIDGE PROJECTS
§ 53.15 PUBLIC HEARING REQUIRED.
Before the city expends state derived tax revenues on a municipal highway, road, street, or bridge it shall hold a hearing in accordance with the provisions of this
subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.
§ 53.16 NOTICE REQUIREMENTS.
Not less than 45 days before the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall give notice in the manner required by KRS Chapter 424 of a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city. The hearing shall be held not less than 30 days after the first publication of the notice and before beginning work on any project covered by this subchapter. (KRS 174.100(1))
§ 53.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.
(A) At the hearing any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.
(B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it. (KRS 174.100 (2), (3))
§ 53.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.
The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held. (KRS 174.100 (4))
§ 53.19 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.
This subchapter shall not be construed to require a separate hearing for each project. A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter. (KRS 174.100 (5))
§ 53.20 EXEMPTIONS FROM HEARING REQUIREMENT.
(A) The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.
(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter and the city desires to reactivate the project. (KRA 174.100 (6), (7))
§ 53.30 UNLOADING ON STREET OR SIDEWALK.
No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement. Penalty, see § 53.99
§ 53.31 STREET AND SIDEWALK OBSTRUCTION.
No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense. Penalty, see § 53.99
§ 53.32 MATERIALS ON STREET OR SIDEWALK.
No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof. Penalty, § see 53.99
Littering on streets or sidewalks, see Ch. 91
§ 53.33 REMOVAL OF ICE AND SNOW.
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his
premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, accumulated thereon within a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm
which the snow and ice may have accumulated. The use of rock salt on any public sidewalk is prohibited. Penalty, see § 53.99
§ 53.99 Penalty.
Whoever violates any provisions of this chapter shall, upon conviction, be fined not more than $500.
CHAPTER 54: CURFEW FOR MINORS
§ 54.010 CURFEW HOURS FOR MINORS.
(A) Definitions. In this section:
(1) CURFEW HOURS mean:
(a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or
Thursday until 6:00 a.m. of the following day;
(b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday
(2) EMERGENCY means an unforeseen combination of circumstances or
the resulting state that calls for immediate action. The term includes, but
is not limited to, a fire, a natural disaster, or automobile accident, or any
situation requiring immediate action to prevent serious bodily injury or
loss of life.
(3) ESTABLISHMENT means any privately-owned place of business
operated for a profit to which the public is invited, including but not
limited to any place of amusement or entertainment.
(4) GUARDIAN means:
(a) a person who, under court order, is the guardian of the person of a
(b) a public or private agency with whom a minor has been placed by
(5) MINOR means any person under 18 years of age.
(Am. Ord. 99-2, 3-8-99)
(6) OPERATOR means any individual, firm, association, partnership, or
corporation operating, managing, or conducting any establishment. The
term includes the members or partners of an association or partnership
and the officers of a corporation.
(7) PARENT means a person who is:
(a) a natural parent, adoptive parent, or step parent of another
(b) at least 18 years of age and authorized by a parent or guardian to
have the care and custody of a minor.
(8) PUBLIC PLACE means any place to which the public or a substantial
group of the public has access and includes, but is limited to, streets,
highways, and the common areas of schools, hospitals, apartment houses,
office buildings, government offices, transport facilities, and shops.
(9) REMAIN means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by a police officer
or the owner, operator, or other person in control of the premises.
(10) SERIOUS BODILY INJURY means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfiguration, or protracted loss or impairment of the function of any
bodily member or organ.
(1) A minor commits an offense if he remains in any public place or on the
premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly
permits, or by insufficient control allows, the minor to remain in any
public place or on the premises of any establishment within the city
during the curfew hours.
(3) The owner, operator, or any employee of an establishment commits an
offense if he knowingly allows a minor to remain upon the premises of
the establishment during curfew hours.
(1) It is a defense to prosecution under Subsection 54.010 (10)(B) that the
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian,
without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) On the sidewalk abutting the minor’s residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to the police department about the minor’s presence;
(g) Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the city of New
Castle, a civic organization, or another similar entity that takes
responsibility for the minor, or going to or returning home from,
without any detour stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by the city
of New Castle, a civic organization, or another similar entity that
takes responsibility for the minor;
(h) Exercising first Amendment right protected by the United States
Constitution, such as the free exercise of religion, freedom of
speech, and the right of assembly, or
(i) Married or had been married or had disabilities of minority
removed in accordance with the Kentucky Revised Statutes.
(2) It is a defense to prosecution under Subsection 54.010 that the owner,
operator, or employee of an establishment promptly notified the police
department that a minor was present on the premises of the establishment
during curfew hours and refused to leave.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection 54,010 (10(c) is present.
A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction is, punishable by a fine not to exceed $100.00
§ 54.020 REVIEW OF ORDINANCE.
That within six months after the initial enforcement of this ordinance, the city police chief shall review this ordinance and report and make recommendations to the city commission concerning the effectiveness of and the continuing need for the ordinance. The city police chief shall report shall specifically include the following information.
(3) The practicality of the enforcing the ordinance and any problems with
enforcement identified by the police department;
(a) The impact of the ordinance on crime statistics;
(b) The number of persons successfully prosecuted for a violation of
the ordinance, and
(c) The city’s net cost of enforcing the ordinance.
§ 54.030 EFFECTIVE DATE OF ORDINANCE.
That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Kentucky Revised Statutes and it is accordingly so ordained. (ord. 95-3; 7-10-1995)
CHAPTER 55: SOLID WASTE PICKUP AND DISPOSAL SERVICES, FIXING CHARGES, RATES AND REGULATIONS
§ 55.01 GENERAL PROVISIONS.
All owners of improved real estate and the operators of businesses within the city limits of the City of New Castle shall utilize the garbage pickup and disposal services of Rumpke of Kentucky, Inc. which was granted a franchise by the City of New Castle and shall pay a fee for such services. This ordinance shall not apply to industrial customers, if any, within the City of New Castle.
§ 55.02 REGULATIONS.
Regulations for collection and disposal of garbage, trash and debris, as well as the rates therefore are embodied within this ordinance, Resolution #02-06 and the bid documents of the successful bidder. Any contract entered into between the City and Rumpke of Kentucky, Inc. subsequent to the adoption of this ordinance shall incorporate this ordinance, Resolution #02-06 and the bid documents by reference. Industrial customers may contract with any qualified entity they desire for the collection of refuse, garbage or industrial waste.
§ 55.03 SERVICE CHARGES.
Residential units shall pay a charge of $ 12.00 per month for the first year of this franchise agreement and $ 12.60 per month for the second year directly to the City. Any service in addition to the regular residential collection shall be obtained directly from the Franchise Holder and any extra charge, therefore, paid directly to the Franchise Holder. In the event of the disability of a customer, said charge shall be waived. The City shall determine what constitutes a disability upon application by the customer. Commercial customers shall pay the City at the same rate for residential customers in accordance with Resolution # 02-06 except where dumpsters are used. Dumpster rates have been established and are hereby fixed at the rates set out in the bid documents, which is incorporated herein by reference, being Addendum “A” to the Franchise Holder’s bid proposal.
§ 55.04 PAYMENTS.
All payments shall be made to the City monthly on or before the 10th of the month for garbage collected for the preceding month. Charges remaining due and unpaid for a period of thirty (30) days shall be deemed delinquent and shall be subject to interest on said account at 12% per annum until paid. This Ordinance shall become effective July 1, 2002, and expires June 30, 2004. All other ordinances inconsistent herewith are hereby repealed.
§ 55.05 DISCONTINUATION OF SERVICE.
Failure by any customer to pay for such garbage services shall result in the discontinuation of this service or any other utility service provided by the city and the application of any deposit held by the city to the deficiency.
(Ord. # 08-06; adoption 6-31-02)
TITLE VIII: REGULATION OF BUSINESSES AND TRADES
70. OCCUPATIONAL LICENSE FEE
72. PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
CHAPTER 70: OCCUPATIONAL LICENSE FEE
70.02 License required
70.03 License year
70.04 Application; issuance; terms of license
70.05 Transfer of license
70.06 Persons with more than one occupation
70.08 Liability of agents
70.09 Presumption of engaging in business
70.10 Purpose of fees
70.11 Fee schedule
§ 70.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AGENT." Shall be construed in its usual and contemporary manner, to designate a person, association of persons, firm, company, or corporation who or which conducts a business or activity on behalf of another person or persons.
"MANUFACTURER." Includes all those who may fabricate raw material into finished products for the purpose of marketing these products through wholesalers, agents, dealers, retailers, or directly to consumers, whether they are natural persons, associations of persons, firms, companies, partnerships, or corporations.
"MERCHANT." Includes all those who sell or rent any goods, wares, or merchandise from a storeroom or other permanent location.
"OCCUPATION." Includes any and all trades, businesses, or professions pursued, carried on, or engaged in within the city.
"STORE." A place where merchandise is kept for sale to the public at large.
(Ord. 87-1, passed 3-2-87)
§ 70.02 LICENSE REQUIRED.
There shall be levied an annual occupational license fee upon all persons, associations of persons, firms, and corporations engaged in any trade, occupation, employment, business, or profession, specified or unspecified in this chapter. No person, associations of persons, firms, or corporations shall carry on or conduct any occupation, trade, business, or profession in the city without having obtained an occupational license and having paid the fee therefore as herein required.
(Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.03 LICENSE YEAR.
The license year for any person, association of persons, firm, or corporation engaged in any trade, occupation, business, or profession shall be from July 1 of a given year to and including June 30 of the following year, and any person, association of persons, firm, or corporation so engaged shall be required to pay a license fee therefore to the City Clerk-Treasurer/Tax Collector.
§ 70.04 APPLICATION; ISSUANCE; TERMS OF LICENSE.
(A) Upon application to the City Clerk-Treasurer/Tax Collector and the payment by the applicant of the license fee hereinafter provided, the City Clerk-Treasurer/Tax Collector shall issue to the applicant a license to carry on and conduct the trade, occupation, business, or profession for which the license fee is paid. Where under any existing ordinance of the city or any ordinance of the city hereafter passed a special application is required or a bond is executed before entering into that trade, occupation, business, or profession, the City Clerk-Treasurer/Tax Collector shall not issue the license until a formal application has been made, or the bond is properly executed and approved by the Mayor and the City Commission.
(B) All licenses issued under the provisions of this chapter shall have the year in which they are issued printed on the face of same in large figures. It shall be the duty of each person to whom a license is issued to keep the license posted in a conspicuous place in his place of business and the same shall be at all times exposed to public view, or a legible copy of same readily available for inspection by any law enforcement officer if the trade, occupation, business, or profession has no permanent place of business within the city.
(C) No license issued under the provisions of this chapter shall authorize any person to engage in the trade, occupation, business, or profession other than the person to whom the same was issued, unless transferred as provided in § 70.05.
(D) If two or more persons engaged in carrying on a profession compose a firm or partnership, each member of the firm or partnership shall pay the required license fee.
(E) Any person who shall begin to carry on or conduct any trade, occupation, business, or profession, after January 1 of any year, shall be required to pay only one-half of the license fee required therefore. However, the foregoing provisions with reference to the payment of one-half of the license fee shall not apply to any temporary license imposed by any existing ordinance. No refund of any part of a license fee will be made after payment of same and issuance of license to licensees who thereafter cease to do business.
(F) It shall be unlawful for any person to whom a license is issued under the provisions of this chapter to:
(1) Allow or permit any place where such trade, occupation, business, or
profession is conducted under license to be or become a disorderly
(2) Permit any lewd, indecent, or immoral acts to be committed therein, or
on the premises adjacent thereto, under the control of the person
conducting the trade, occupation, business, or profession;
(3) Permit in any such place or premises any loud, boisterous, or obscene
conversation or other noises or nuisances;
(4) Permit the premises to be used for any unlawful or immoral purposes
whatsoever. (Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.05 TRANSFER OF LICENSE.
Any license granted or issued under the provisions of this chapter may be transferred by the license and the transferee thereof shall, upon payment of a transfer fee of $5, be entitled to the rights and privileges of the original licensee. No such transfer shall be valid or of any effect whatsoever until the fee of $5 is paid to the City Clerk-
Treasurer/Tax Collector and City transferee and the day of transfer upon the original license and upon the stub thereof. (Ord. 87-1, passed 3-2-87)
§ 70.06 PERSONS WITH MORE THAN ONE OCCUPATION.
In the event any person, firm, partnership, or corporation engaged in any trade, occupation, business, employment, or profession specified in this chapter shall be engaged in one or more trades, occupation, businesses, employments, or professions at the same locations, then and in that event, a license fee shall be charged and paid equal to the highest license fee charged for any one of such trades, occupations, businesses, employments, or professions that the person, firm, partnership, or corporation may be engaged in, which shall be in lieu of all other licenses provided for in this chapter.
(Ord. 87-1, passed 3-2-87)
§ 70.07 REVOCATION.
(A) Procedure. Any license or permit granted under this chapter may be revoked by the Police Chief after notice and hearing, pursuant to the standards in division (B) below. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. This notice shall be mailed to the license at his last known address at least ten days prior the date set for the hearing.
(B) Standards for revocation. A license granted under this chapter may be revoked for any of the following reasons:
(1) Any fraud or misrepresentation obtained in the license application;
(2) Any fraud, misrepresentation, or false statement made in connection
with the business being conducted under the license;
(3) Any violation of this chapter;
(4) Conviction of the licensee of any felony or conviction of the licensee
of any misdemeanor involving moral turpitude; or
(5) Conducting the business licensed in an unlawful manner or in such a
way as to constitute a menace to the health, safety, morals, or general
welfare of the public.
(C) Appeal procedure.
(1) Any person aggrieved by a decision under division (B) of this section
shall have the right to appeal to the City Commission. The appeal shall
be taken by filing with the City Clerk-Treasurer/Tax Collector, within
14 days after notice of the decision has been mailed to that person's last
known address, a written statement setting forth the grounds for appeal.
The City Commission shall set the time and place for a hearing, and
notice for the hearing shall be given to that person in the same manner
as provided in division (A) above.
(2) The order of the City Commission after the hearing shall be final.
(Ord. 87-1, passed 3-2-87)
§ 70.08 LIABILITY OF AGENTS.
The agent of a nonresident proprietor engaged in any trade, occupation, business, or profession on which a fee is levied in this chapter shall be liable on behalf of the nonresident proprietor for the fee levied herein and any penalty which may be vowed, the same as if the agent were the proprietor. (Ord. 87-1, passed 3-2-87)
§ 70.09 PRESUMPTION OF ENGAGING IN BUSINESS.
Any person, association of persons, firm, or corporation representing himself or itself or exhibiting any sign or advertisement to the effect that he or it is engaged in any trade, occupation, business, or profession shall be deemed to be actually engaged in that trade, occupation, business, or profession and shall be liable for the fee.
(Ord. 87-1, passed 3-2-87)
§ 70.10 PURPOSE OF FEES.
The license fees hereby imposed, levied, and collected pursuant hereto, shall be for the purpose of aiding in defraying the expenses of maintaining the city government and shall be placed in the General Fund of the city. (Ord. 87-1, passed 3-2-87)
§ 70.11 FEE SCHEDULE.
(A) The license fee for each person, association of persons, firm or corporation engaged in any trade, occupation, employment, business, or profession shall be $35 per year, except for those trades, occupations, employments, businesses, or professions mentioned specifically in division (B) of this section.
(B) The license fee for each person, association of persons, firm, or corporation engaged in the following trades, occupations, employments, businesses, or professions shall be the amount listed below. For each of the individual classifications the license period shall be for one year, unless a shorter period is specified.
(1) Industrial, residential, or commercial contractors engaged in the
building of new or additional structures or swimming pools or
otherwise engaged in the building trades shall pay annual license fee of
(2) Contractors who provide only general maintenance, repair, or
remodeling services of a cost of $2,000 or less shall pay a license fee
of $15 per job or may obtain an annual license fee.
(Ord. 87-1, passed 3-2-87)
§ 70.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $250 for each day the violation exists. (Ord. 87-1, passed 3-2-87)
CHAPTER 72: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
72.02 License requirement
72.03 Application procedure
72.04 Standards for issuance
72.05 Revocation procedure
72.06 Standards for revocation
72.07 Appeal procedure
72.08 Exhibition of identification
72.09 Yard Sales
§ 72.01 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BUSINESS." The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
"GOODS." Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
"ITINERANT MERCHANT." Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.
(1) Any person who travels from place to place by any means carrying
goods for sale, or making sales; or
(2) Any person who, without traveling from place to place, sells or offers
goods for sale from any public place within the city.
A person who is a peddler is not an itinerant merchant.
"SOLICITOR." Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.
§ 72.02 LICENSE REQUIREMENT.
(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.
(B) The fee and the duration periods for the license required by this chapter shall be as set from time to time by the City Commission.
(C) No license issued under this chapter shall be transferable.
Penalty, see § 72.99
§ 72.03 APPLICATION PROCEDURE.
(A) All applicants for licenses required by this chapter shall file an application with the City Clerk-Treasurer/Tax Collector. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:
(1) The name and address of the applicant;
(2) (a) The name of the individual having management authority or
supervision of the applicant's business during the time that it is
proposed to be carried on in the city;
i. The local address of such individual;
ii. The permanent address of such individual;
iii. The capacity in which such individual will act;
(b) The name and address of the person, if any, or whose purpose the
business will be carried on, and if a corporation, the state of
(c) The time period or periods during which it is proposed to carry on
(d) (a) The nature, character, and quality of the goods or services to be
offered for sale or delivered;
i. If goods, their invoice value and whether they are to be sold by
sample as well as from stock;
ii. If goods, where and by whom such goods are manufactured or
grown, and where such goods are at the time of application;
(e) The nature of the advertising proposed to be done for the business;
i. Whether or not the applicant, or the individual identified in
division (A) (2) (a) above, or the person identified in division
(A) (3) has been convicted of any crime or misdemeanor and, if
so, the nature of each offense and the penalty assessed for each
(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
(1) A description of the applicant;
(2) A description of any vehicle proposed to be used in the business,
including its registration number, if any.
(C) All applicants for licenses required by this chapter shall attach to their application the following:
(1) If required by the city, copies of all printed advertising proposed to be
used in connection with the applicant's business;
(2) If required by the city, credentials from the person, if any, for which
the applicant proposes to do business, authorizing the applicant to act
as such representative.
(D) Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than ten days prior to the date of
application, certifying the applicant to be free of contagious or communicable disease.
§ 72.04 STANDARD FOR ISSUANCE.
(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant:
(a) Has been convicted of a crime of moral turpitude; or
(b) Has made willful misstatements in the application; or
(c) Has committed prior violations of ordinances pertaining to itinerant
merchants, peddlers, solicitors, and the like; or
(d) Has committed prior fraudulent acts; or
(e) Has a record of continual breaches of solicited contracts; or
(f) Has an unsatisfactory moral character
Will constitute valid reasons for disproval of an application.
§ 72.05 REVOCATION PROCEDURE.
Any license or permit granted under this chapter may be revoked by the City Clerk-Treasurer/Tax Collector after notice and hearing, pursuant to the standards in 72.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall
be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.
§ 72.06 STANDARDS FOR REVOCATION.
A license granted under this chapter may be revoked for any of the following reasons:
(A) Any fraud or misrepresentation contained in the license application; or
(B) Any fraud, misrepresentation, or false statement made in connection with business being conducted under the license; or
(C) Any violation of this chapter; or
(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude;
(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
§ 72.07 APPEAL PROCEDURE.
(A) Any person aggrieved by a decision under 72.04 or 72.06 shall have the right to appeal to the City Commission. The appeal shall be taken by filing with the City Commission, within 14 days after notice of the decision has been mailed to such person's last known address, a written statement setting forth the grounds for appeal. The City Commission shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in 72.05.
(B) The order of the City Commission after the hearing shall be final.
§ 72.08 EXHIBITION OF IDENTIFICATION.
(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein.
(B) The City Clerk-Treasurer/Tax Collector shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words “Licensed
Peddler” or “Licensed Solicitor,” the expiration date of the license, and the number of the license. The license shall be kept with the licensee during such time as he is engaged in the business licensed.
§ 72.09 YARD SALES
The owner or occupant of premises where a yard sale is to be conducted shall acquire a permit and shall list the names of all other persons participating in the yard sale, who shall also be deemed a person to whom a permit is issued. No person shall conduct or participate in a yard sale for more than a total of six (6) days or parts thereof during any calendar year. No fee shall be required.
§ 72.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $500. Each day's violation shall constitute a separate offense.
CHAPTER 73: ALCOHOLIC BEVERAGE CONTROL
§ 73.01 PURPOSE.
It is the purpose of this Chapter to promote economic development and tourism within the City by making provision for the sale of alcoholic beverages by the drink at certain restaurants and dining facilities in a manner consistent with the local option election heretofore conducted pursuant to KRS Chapter 242.
§ 73.02 DEFINITIONS.
AS used in this Chapter, unless a different meaning is clearly indicated, the definitions contained in KRS Chapters 241, 242, 243, 244 are hereby adopted as part of the alcoholic beverage control law of the City.
§ 73.03 INCORPORATION OF STATE LAW.
The provisions of the state alcoholic beverage control law contained in KRS Chapters 241, 242, 243, and 244 pertaining to licenses and regulations of the state alcoholic beverage control board as well as amendments and supplements thereto, are hereby adopted as part of the alcoholic beverage control law of the City, except as otherwise lawfully provided herein.
§ 73.04 SCOPE.
This Chapter shall be construed to apply to the sale of alcoholic beverage by the drink in conjunction with a meal at restaurants and dining facilities within the City of New Castle which seat a minimum of fifty (50) persons and derive a minimum of seventy percent (70%) of their gross receipts from the sale of food, as provided in KRS 242.1244.
§ 73.05 FOOD SERVICE REQUIREMENT.
All license holders under this Chapter shall be required to maintain food service during all hours that alcohol is served.
§ 73.06 CITY ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR.
(A) The City Alcoholic Beverage Control Administrator (the “City ABC Administrator”) shall be appointed by the City Commission and may be removed by the Commission with or without cause. No conflict of interest shall be deemed to arise if the individual appointed as City ABC Administrator is also employed by the City in some other capacity.
(B) The city ABC Administrator shall have the power and authority to promulgate such regulations as may be necessary to implement this ordinance, pursuant to KRS 241.190 and KRS 241.060.
(C) The functions of the City ABC Administrator shall be the same with respect to the City’s Alcoholic Beverages Licenses and Regulations as the functions of the Kentucky Alcoholic Beverage Control Board with respect to the state alcoholic beverages licenses and regulations, as provided in KRS 241.190; except that no amendments of proposed by the City ABC Administrator shall be more stringent than the statuses relating to alcoholic beverage control or the regulations of the state ABC Board. Regulations of the City ABC Administrator shall only become more effective upon the appropriate approval of such by the New Castle Commission.
(D) The City ABC Administrator and agents, if any, shall have the full police powers of peace officers, and their jurisdiction shall be coextensive with the boundaries of the city. They, and any City law enforcement officer, may inspect any premises where alcoholic or malt beverages are sold, stored, or otherwise trafficked without first obtaining a search warrant.
(E) The City ABC Administrator and agents are authorized to examine and inspect, and any reasonable time, all books and records required to be maintained by licensees under KRS 244.150, in addition to the reports otherwise required by this Chapter, the licensee shall submit to the City ABC Administrator a copy of all reports which the license is required or elects to submit to or file with the State Alcoholic Beverage Control Board.
(F) The City ABC Administrator shall have the same powers and duties with respect to suspension and revocation for cause of City licenses as the State Alcoholic Beverage Control Board has with respect to state license under KRS 241.060. The City Administrator, on his own initiative or on the complaint of any person, may institute proceedings to revoke or suspend any license issued under this ordinance.
§ 73.07 LICENSE.
(A) No alcoholic beverages shall be sold in the City except as permitted by the Kentucky Revised Statutes and except by a duly authorized licensee in compliance with the terms and conditions of this Chapter.
(B) Restaurants and dining facilities shall be eligible for the license for which provisions is made herein if they comply with all of the following requirements:
(1) Such restaurants and dining facilities shall seat a minimum of 50 persons.
(2) Restaurants and dining facilities licensed under this Chapter shall have articulated and convincing reasons to anticipate that they will derive a minimum of 70% of their gross receipts from the sale of food as certified by periodic documentation as herein required.
§73.08 LICENSE APPLICATION
(A) Representatives of restaurants and dining facilities seeking the license for which provision is made herein shall submit a completed application to the City ABC Administrator. The form provided shall be the same form utilized by the State Alcoholic Beverage Control Commission (ABC).
(B) Applicants for a license under this Chapter shall pay an annual license fee of $400.00. The durations period for all licenses approved by the City ABC Administrator and issued by the City shall begin on July 1st and shall expire at midnight on the following June 30th. Any licenses issued after December 31st shall be assessed a fee that is based on the prorated portion of the remainder of the license period. However, no license shall be issued for less than one-half (1/2) of the annual fee.
(C) A verified statement of the applicant shall accompany the application, containing the affirmation of the applicant that the applicant anticipates that the gross receipts at the licensed premises through the sale of good shall be equal to or greater that 70% of its total gross receipts.
(D) The applicant for a City license shall tender with its application a consent document, which shall state:
“The undersigned applicant hereby grants its irrevocable consent to the City Alcoholic Beverage Control Administrator and his duly appointed agents, to come upon and inspect and search the licensed premises at any reasonable time.”
(E) The City licenses shall be issued and he fees collected by the City Clerk, who shall report to the City at the end of each month or quarter, all fees that have been collected.
§ 73.09 PERIODIC INFORMATION TO BE PROVIDED BE LICENSEE.
(A) Every licensee under this Ordinance shall keep and maintain on the licensed premises adequate records and books of transactions of all sales in the same manner as required by the Rules and Regulations of the State ABC Board. Such books and records shall be available at all reasonable times for inspection by the City ABC Administrator and such City employees who may assist the City ABC Administrator in his or her review.
(B) Applicants to whom a license is issued authorizing the Sale of alcoholic beverages pursuant to this Chapter shall provide periodic information demonstrating compliance with the continuing requirement that 70% of the applicants gross income is earned from the sale of food. Such information shall be provided on or before March 31st, July 31st, September 31s0th, and December 31st of each year, and shall consist of a certificate from a certified public accountant familiar with the applicant’s pertinent business records, which shall state:
“I have conducted a limited scope audit according to accepted accounting principles of the pertinent records of , licensee under this Ordinance and certify that the licensee earned at least 70% of its gross receipts from the sale of food during the quarter ending .”
(C) The certificate shall contain a brief description of the methodology used in the determination of the certified percentage.
§ 73.10 MANDATORY RESPONSIBLE BEVERAGE TRAINING.
All Licensees, employees, or persons involved in the selling and serving of alcoholic beverages shall be at least twenty (20) years of age. They must all participate in and complete a City-approved Responsible Beverage Service training program, approved by the City ABC Administrator of the City of New Castle. Before approval of the program, the City ABC Administrator shall first be satisfied that the training program is genuine and effectively trains all participants in the recognition of false identification and age documents, as well as the human characteristic of alcohol and/or drug intoxification. The City will not require enrollment in any particular classes, but only that the training be obtained from a recognized training program meeting the goals expressed in the Ordinance. The training person or agency must reasonable instruct upon and certify the participants competence in pertinent federal, state , and local laws related to the sale of alcohol; verification of age, forms of identification, and used documents of false or misleading identification, the effect of alcohol intoxication. This training must be completed within ninety (90) days of the date on which the person first becomes subject to the training requirement.
§ 73.11 LICENSE RENEWAL.
The license issued pursuant to this Chapter shall authorize the sale of alcoholic beverages until the next following June 30. The license may be renewed annually thereafter upon a showing that the criteria therefore have been met, the filing and approval of a renewal application, and the payment of a renewal fee.
§ 73.12 REGULATORY LICENSE FEE IMPOSED.
(A) For the purpose of full reimbursement to the City of the cost of any policy, regulatory, legal, or administrative expenses related to the sale of alcoholic beverages in a manner consistent with this Chapter, a Regulatory License Fee is imposed on the gross receipts from retain sales of alcoholic beverages under each license issued pursuant to this Chapter. The amount of this fee shall be adjusted from time to time by ordinance so that the same shall be reasonably estimated to insure full reimbursement to the City of the police, regulatory, administrative, or legal expenses herein referred to. The Regulatory License Fee shall be in addition to any other taxes, fees, or licenses permitted by law.
(B) Until adjusted by ordinance as hereinbefore required, the Regulatory License Fee shall be five percent (5%) of all sales of alcoholic beverages.
(C) Payment of the Regulatory License Fee shall accompany the quarterly reports approved for use by the City ABC Administrator, submitted to the City Clerk by the 20th day following each quarter. The City Clerk shall apply a credit toward the regulatory license fee equal to the amount of the annual license feel imposed by § 73.08 (B).
(D) Failure to pay the quarterly remittance within ten days after the due date shall constitute a violation of this Chapter, and in addition, shall constitute grounds for an immediate 30 day suspension of this license for which provision is made herein.
§ 73.13 ADDITIONAL RESTRICTIONS ON SALE BY LICENSE.
At no time shall any alcoholic beverage be sold between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Monday through Saturday, not between 12:00 a.m. (midnight) on Saturday and 6:00 a.m. on Monday.
§ 73. 14 CAUSE FOR REFUSAL TO ISSUE OR RENEW LICENSE AND FOR SUSPENSION AND REVOCATION OF LICENSE.
Causes for the refusal to issue or renew a license or for the suspension or revocation of a license shall be the same as provided for state licenses according to KRS 243.450, 234.490 and 243.500, and in addition thereto shall include the following:
(A) The failure to obtain or retain a state license;
(B) The failure to comply with the provisions of this Chapter regarding gross receipts from the sale of food or the provisions of this Chapter regarding periodic certification from a certified public accountant;
(C) The failure to pay the Regulatory License Fee when due; and
(D) The failure to pay any fine for which provision is made herein.
§ 73.15 REVOCATION OR SUSPENSION OF THE LICENSE.
(A) Upon the occurrence of one or more of the causes for revocation and suspension, the City Alcoholic Beverage Control Administrator may, upon his own initiative or upon complaint, give notice requiring the licensee to show cause why a revocation or suspension should not occur and give notice of the time and place of a hearing on possible revocation or suspension. Upon the licensee’s failure to show cause, such a suspension or revocation may be ordered by the City ABC Administrator. The licensee shall be afforded the right to:
(1) Reasonable notice of charge;
(3) Presentation of such evidence and witnesses as in its discretion are appropriate to issues; and
(4) A finding reasonably supported by the evidence.
(B) The City ABC Administrator may designate a City employee or other person to act as a hearing officer to conduct the hearing for which the provision is hereinbefore made. In the event of such a designation, the Hearing Officer’s determination shall be in the form of a recommendation upon which the City ABC Administrator shall determine appropriate action.
§ 73.16 APPEALS.
Appeals from determination of the City ABC Administrator with respect to orders of that officer, including denial of applications or orders suspending or revoking the same, shall be addressed to the State Alcoholic Beverage Control Board in a manner consistent with KRS 241.200.
§ 73.17 PENALTY.
The sale of alcoholic beverages within City or not in conformity with this Chapter shall constitute a violation, punishable by fine up to $500 for each offense; to be prosecuted as all other municipal ordinance violations are prosecuted. Each day of each violation shall constitute a separate offense.
§ 73.18 TRANSFER OR ASSIGNMENT OF LICENSE.
No license issued under this Ordinance shall be transferred or assigned, either as to the licensee or to the location except with prior approval of the City ABC Administrator and payment of a $100.00 fee made payable to City of New Castle.
Done this 2nd day April, 2012.
TITLE IX: GENERAL REGULATIONS
91. LITTER CONTROL
93. DUMPSTER REQUIRED
94. HAZARDOUS SUBSTANCE
CHAPTER 90: ANIMALS
90.01 Keeping or livestock in city restricted
90.16 Restraint, control of dog required; noise disturbance
90.18 Notice to owner; reclaiming impounded dog
90.31 Vicious dogs
§ 90.01 KEEPING OF LIVESTOCK IN CITY RESTRICTED.
(A) It shall be unlawful for any person to keep within the city limits any of the following animals unless the person provides a minimum of five contiguous acres, surrounded by a fence adequate to contain such animals: cows, pigs, horses, sheep, goats, peacocks, chickens, ducks, or other poultry.
(B) However, it shall not be unlawful for any person keeping any animals described in division (A) at the time of passage of this section to continue to keep an equal or lesser number of such animals at their present location within the city; provided, any person wishing to continue to keep such animals shall as a prerequisite to the exemption provided by this division:
(1) Within 60 days of passage of this section give written notice to the City
Clerk-Treasurer/Tax Collector of the number and specie of animals being
kept by him at the time of passage of this section;
(2) Allow periodic inspections of such animals by a designated representative
of the City Commission; and
(3) Not increase the number or specie of animals being kept at the time of
passage of this section. (Ord. 84-5, passed 11-6-85) Penalty, see § 90.99
§ 90.15 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DOG." Any member of the canine family, six months of age or over, male or female.
"DOG POUND." Any premises designated by the City Commission for the purpose of impounding and caring for dogs held under the provisions of this subchapter.
"DOG WARDEN." The officer employed, appointed, and authorized by the City
Commission to primarily enforce the dog, animal, and livestock laws of the state and the city.
"OWNER." Any person, partnership, or corporation that owns, keeps, or harbors a dog.
"RESTRAINED." A dog which is:
(1) Kept upon the premises of its owner;
(2) Confined within an enclosure from which it cannot escape;
(3) Firmly secured by means of a collar and chain or other device so that it
cannot stray beyond the control of a person accompanying the dog off of
the owner's premises. (Ord. 86-4, passed 9-1-86)
§ 90.16 RESTRAINT, CONTROL OF DOG REQUIRED; NOISE DISTURBANCE.
(A) All dogs within the city limits shall be restrained.
(B) No owner shall fail to exercise proper care and control of a dog so as to prevent the following actions: chasing of vehicles; excessive, continuous, or untimely barking or howling; molesting of passerby; attacking other domestic animals; trespassing upon school grounds, trespassing upon private property, or damaging any property of any nature. (Ord. 86-4, passed 9-1-86) Penalty, see § 90.99
§ 90.17 IMPOUNDMENT.
Dogs which are not restrained in accordance with 90.16(A) shall be taken by the Dog Warden to the dog pound and there confined for a period not less than seven days unless claimed by its owner. (Ord. 86-4, passed 9-1-86)
§ 90.18 NOTICE TO THE OWNER; RECLAIMING IMPOUNDED DOG.
If the owner can be identified, the Dog Warden shall take reasonable steps to notify the owner that his dog has been impounded. If the dot is not claimed within seven days, it shall be paid by the city. As the owner reclaiming an impounded dog shall pay a fee of $26 to the city for impoundment. The owner shall also pay $3 per day for board for each day the dog is pounded. Proof of vaccination for rabies shall be furnished before any impounded dog is released to an owner.
(Ord. 86-4, passed 9-1-86)
§ 90.19 CITATION.
The Dog Warden, if he has acquired the status of a peace officer, or any other peace officer may issue to an owner violating 90.16(B) a citation giving notice of a charge of the violation. (Ord. 86-4, passed 9-1-86)
§ 90.31 DEFINITIONS
(A) A vicious dog is defined as any with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or,
(B) Any dog which because of its size, physical nature, and vicious propensity is capable of inflicting serious physical harm or death to humans and which would
constitute a danger to human life or property if it were not kept in the manner required by this subchapter; or,
(C) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal.
§ 90.32 CONFINEMENT/RESTRAINT
(A) It shall be unlawful for any person to keep or harbor within the city a vicious dog unless it is at all times kept securely enclosed in such a manner that it cannot escape from the owner’s premises. Such enclosure must have a minimum dimension of five (5) feet by ten (10) feet per dog and must have secure sides six feet high and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet and be kept in a clean and sanitary condition. The enclosure must also provide protection from the elements for the dog. A vicious dog shall be transported to or from the indoors and securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.
§ 90.33 OTHER REQUIREMENTS.
(A) No person under the age of 18 years shall be permitted to own, harbor or handle a vicious dog.
(B) Owners of vicious dogs must provide proof to the City Clerk of public liability insurance in the amount of at least $100,000.00, insuring the owner for any personal injuries inflicted by his or her vicious dog.
(C) The owner or keeper of a vicious dog shall display a sign on his or her premises warning that there is a vicious dog on the premises. Such sign shall be visible and capable of being read from the public street.
(D) The owner or keeper shall immediately notify the city if a vicious dog is on the loose, in unconfined, has attacked another animal or has attacked a human being, or has died.
(E) City employees are hereby empowered to make whatever inquiry is deemed necessary to ensure the compliance with the provisions of this article, and any such dog warden is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.
§ 90.99 PENALTY.
Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be fined not more than $100 for each offense, except that in the event of a violation of § 90.31 et seq. the amount shall be $500.
CHAPTER 91: LITTER CONTROL
91.01 Short title
91.04 Littering prohibited
91.05 Litter receptacles
91.06 Sweeping litter into gutters
91.08 Throwing litter from vehicles
91.09 Vehicles carrying loads
91.10 Authority of city to inspect property, correct violations
91.11 Authority so issue citations or make arrests
§ 91.01 SHORT TITLE.
This chapter shall be known and may be commonly referred to as the Litter Control Chapter.
§ 91.02 PURPOSE.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety, and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering.
§ 91.03 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CITY." The City of New Castle, Kentucky.
"DUMPOUTS." Any material emptied from a vehicle or building upon streets, roadsides, or public places other than that emptied in appropriate litter receptacles.
"HANDBILL." Printed or written material excluding newspapers; which advertises for sale any business or other activity, or event of any kind.
"JUNK VEHICLE." Any inoperable vehicle.
"LITTER." All solid wastes including but not limited to containers, packages, wrappings, printed matter, or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
"LITTER BAG." A bag, sack, or other container, made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
"LITTER RECEPTACLE." Those containers meeting the requirements of the Department for Natural Resources and Environmental Protection.
"NEWSPAPER." Any newspaper of general circulation as defined by general law.
"PARK." A playground, recreation center, or any other area in the city devoted to active or passive outdoor recreation.
"PERSON." Any individual, industry, public or private corporation, co-partnership, association, firm, or other entity, whatsoever.
“PRIVATE PROPERTY.” Any property not publicly owned or held out for use by the public.
"PUBLIC PLACE." Any area that is used or held out for use by the public whether owned or operated by the public or private interests.
"SOLID WASTE." All putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
"STREET." Any highway, road, alley, collector, local, arterial, or freeway within the political subdivision.
"SWEEPOUTS." Any collection of debris, resulting from clean-up operations, that is deposited in or around a public place.
"VEHICLE." Every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices move by human or animal power or used exclusively upon stationary rail or tracks.
"WATERCRAFT." Any boat, ship, vessel, barge, or other floating craft.
§ 91.04 LITTERING PROHIBITED.
No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public place in the city, or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise except:
(A) When that property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse and that person is authorized by the proper public authority to so use that property;
(B) Into a litter receptacle or other container in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of any public place or any private property; or
(C) When a person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of the property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.
(D) Any person violating the provisions of this section shall be guilt of a misdemeanor and in addition to or in lieu of any other penalty, that person may in the sound discretion of the court, or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that the person has deposited litter and all litter deposited thereof by anyone prior to the date of the execution of sentence.
§ 91.05 LITTER RECEPTACLES.
(1) Litter receptacles shall be placed in all parks, trailer parks in respect to
the service of transient habitation, gasoline service stations, tavern
parking lots, shopping centers, grocery store parking lots, marinas,
boat launching areas, beaches, bathing areas, and other public places in
numbers appropriate to need.
(2) It shall be the responsibility of any person owning or operating any
establishment or public place in which litter receptacles are required
by this section to procure and place and maintain the litter receptacles
at their own expense on the premises.
(B) Use of receptacles. Litter receptacles placed on sidewalks and other public places shall be used only for that litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(C) Damaging receptacles. It shall be unlawful for any person to willfully damage or deface any litter receptacle.
(D) Removal of litter. It shall be the responsibility of the local municipality, county, or other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, campgrounds, and other public places. Penalty, see 91.99
§ 91.06 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit any handbill upon any public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
Penalty, see 91.99
§ 91.07 HANDBILLS.
(A) No person shall throw or deposit any handbill upon any public place within the city. However, it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it.
(B) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
(C) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the U.S. nor to newspapers, as defined herein, except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. Penalty, see 91.99
§ 91.08 THROWING LITTER FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property.
Penalty, see 91.99
§ 91.09 VEHICLES CARRYING LOADS.
(A) No vehicle shall be driven or moved on any public street unless that vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of the roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by that public authority.
(B) Any person owning or operating a vehicle from which any glass, trash, or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon a public street shall immediately cause that public street to be cleaned of all glass or other objects and shall pay any cost therefore. All trash haulers must have their vehicles adequately covered to prevent loose materials from falling or escaping.
Penalty, see 91.99
§ 91.10 AUTHORITY OF CITY TO INSPECT PROPERTY, CORRECT VIOLATIONS.
(A) The Chief of the Police Department or any other member of the Police Department designated by him is authorized to inspect all property and whenever the Chief or the designated member of the Police Department shall find any conditions set out above in this chapter existing, he shall order them to be removed or remedied and the order shall promptly be complied with by the owner of the property.
(B) If the Police Chief or any member of the Police Department, after diligent search, is unable to locate or determine the owner of any property upon which any of the above mentioned conditions exist, the Chief shall cause the order to be published in a local newspaper for two consecutive weeks.
(C) Upon failure of the owner to comply with the order or if the owner cannot be determined or located after diligent search and notice herein provided for, the Police Chief or designated member of the Police Department may have any of the conditions set out above removed at the owner's expense. This expense may be enforced against the property and the officer or anyone employed by him to do the work shall have a lien on the real estate whereon the conditions exist, which may be filed in the County Clerk’s office.
§ 91.11 AUTHORITY TO ISSUE CITATIONS OR MAKE ARRESTS.
Enforcement of this chapter may be by any police officer. All enforcement officers are empowered to issue citations to or arrest without warrant, persons violating the provisions of this subchapter. The enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by registered mail of the warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged.
§ 91.99 PENALTY.
(A) Any person who violates any provision of this chapter for which another penalty is not specified shall be fined not more than $100 for each offense.
(B) Any person who violates 91.08 shall be fined not less than $20 nor more than $100 for each offense.
CHAPTER 92: NUISANCES
92.02 Common law and statutory nuisances
92.03 Certain conditions declared a nuisance
92.04 Abatement procedure
92.05 Nuisance created by others
92.06 Suspension of license
§ 92.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTOMOBILE PARTS." Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
"INOPERATIVE CONDITION." Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
"MOTOR VEHICLE." Any style or type of motor driven vehicle used for the conveyance of persons or property.
"NUISANCE." Public nuisance.
"SCRAP METAL." Pieces or parts of steel, iron, tin zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
"UNFIT FOR FURTHER USE." In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as in provided in this chapter or in accordance with any other provision of law. Penalty, see 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining street. Any tree, stack, or other object standing in such condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. The accumulation of rubbish, junk, debris, or garbage so as to cause an unsightly or unsanitary condition. A condition will be construed to be unsightly or unsanitary if a reasonable person would upon examination of it believe that it is unsightly or unsanitary. (Ord. 84-6, passed 11-6-85)
(C) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(D) Uncut lawns. The failure to mow any real estate for a period in excess of 30 days. However, no person shall be found to be in violation of this subsection unless the vegetation on the lawn (excepting flowers, shrubs, trees, and vines) has grown to a height in excess of six inches.
(E) Weeds. The existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds and rank vegetation in excess of a height of 12 inches.
(F) For Property with an agricultural zoning classification, the provisions of Subsections (D) and (E) above shall only apply to that portion of such property that is within fifty (50) feet of the property line of any adjoining tract of property that is within the city’s boundaries.
(G) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(H) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of any other street. No shrub shall be planted between the curb line of any street within a radius of 20 feet from the curb line of any street intersects with the curb line of another street.
(I) Keeping of animals. The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(J) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes. Penalty, see 92.99
§ 92.04 ABATEMENT PROCEDURE.
(A) Any city employee is authorized to inspect property within the city. Whenever the city finds any of the conditions in § 92.03 to exist, the city may order them to be removed or remedied in accordance with the procedure described in divisions (B) and (C) of this section. The failure to implement the nuisance abatement procedure herein shall not preclude the city from seeking enforcement of any provision herein directly in Henry District Court.
(B) Whenever a nuisance situation is discovered, the city shall give five days' written notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property, as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the city is authorized to send city employees upon the property to remedy the situation or to contract with others for that purpose.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the City Clerk shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons
from the time of its recording and shall bear interest at 6% annum thereafter until paid. (KRS 381.770) (Ord. 84-6, passed 11-6-85) (Ord. 10-07 amended 10/4/2010)
§ 92.05 NUISANCE CREATED BY OTHERS.
For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of.
§ 92.06 SUSPENSION OF LICENSE.
(A) Whenever it is brought to the attention of the City Commission that a nuisance exists and the City Commission deems that there is an immediate threat to the public health, safety, or welfare, the City Commission may by majority vote suspend the license of any person conducting business upon the premises where the nuisance exists.
(B) The City Clerk-Treasurer/Tax Collector shall cause notice of the suspension to be served personally upon the licensee or at the premises where the nuisance exists.
(C) Upon application of the licensee, the City Commission may remove the suspension upon such terms as it may direct.
§ 92.07 DISCHARGE OF FIREARMS.
It shall be unlawful for any person to discharge a firearm within the City Limits. Firearm shall mean any weapon which will expel a projectile by the action of an explosive. This provision shall not apply to peace officers, while acting in lawful
performance of their duties. Passed by the City Commission of the City of New Castle, Kentucky on this the 3 day of July, 1989.
§ 92.08 POSSESSION PROHIBITED.
No person shall knowingly deposit, possess or carry, whether openly or concealed, for purposes other than city-sanctioned ceremonial purposes, or the purposes permitted herein below, any firearm in or upon any building, grounds, recreational area or athletic field owned by the City of New Castle.
§ 92.09 DEFINITION.
“Firearm” shall mean any weapon which will expel a projectile by the action of an explosive.
§ 92.10 EXPECTATION.
The provisions of § 92.08 and 92.09 shall not apply to:
A) The possession of a firearm, if it is contained within a vehicle and is
not removed from the vehicle, except for a purpose otherwise
permitted herein, or brandished about, while the vehicle is on city
B) Any peace officer or police officer authorized to carry a weapon
pursuant to KRS 527.020;
C) Persons employed by the Armed Forces of the United States or
members of the National Guard or militia when required in the
discharge of their official duties to carry arms or weapons;
D) Civil officers of the United States in the official discharge of their
E) Exhibitors of historical displays who have been authorized by the city
F) A person hunting during the lawful hunting season on lands owned
by the City and open to hunting by the City or traversing City
property for the purposes of the gaining access to lands open to
hunting with the intent to hunt thereon. (Ord 96-11;116)
§ 92.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $100 for each offense. Each day's continued violation shall constitute a separate offense.
CHAPTER 93: DUMPSTER REQUIRED
93.01 Dumpster containers required
93.02 Dumpster screening requirements; requirements for obtaining permit;
location and maintence of dumpsters
§ 93.01 DUMPSTER CONTAINERS REQUIRED:
Dumpster containers shall be required to be furnished at the expense of the owner at the following locations:
(A) Apartment buildings, townhouses or condominiums of three (3) units or larger.
(B) All office, commercial and industrial units or other buildings, at which dumpsters are presently located or voluntarily placed for use after the effective date of this ordinance shall comply with all provisions herein.
§ 93.02 DUMPSTER SCREENING REQUIREMENTS; REQUIREMENTS FOR OBTAINING PERMIT; LOCATION AND MAINTENCE OF DUMPSTERS.
(A) All dumpsters shall be screened. Existing properties with dumpsters and which are not screened may be required to screen within sixty (60) days of formal written notice by the city. The screening requirements shall be as follows:
(1) The dumpster area must be screened on three (3) sides using material
consisting of stone, brick, concrete block or wood. Screens of stone, brick,
concrete block or wood shall have eighty (80) percent opacity (80% solid).
(2) The average height of screening material shall be one (1) foot more than
the height of the dumpster but when the walls or fences are used, shall not
exceed eight (8) feet in height.
(3) The opening for removal of the dumpster for collection must be a
minimum of twelve (12) feet in width (for each additional dumpster, add
ten (10) feet, and when doors are provided, some means of retaining the
door in an open position while servicing must be provided).
(4) A concrete pad large enough to support the dumpster and the front wheels
of the dumpster collection vehicle may also be required where the existing
surface material, as determined by the city, is not adequate to support
dumpster and collection vehicle.
(B) No dumpster or screening as required above, shall be permanently placed or constructed upon any site without first obtaining a permit from the city. In order to obtain such permit, an application accompanied by a plat of the property on which the dumpster and screening is to be located, drawn to scale and showing the location of all structures, public right-of-way, and the location of the proposed dumpster and all required screening, shall be submitted to the city. The plat shall contain a statement that it is true and accurate depiction of the site shown thereon and be signed by the owner or person who has charge, care or control of the premises.
(C) No dumpster shall be located closer than twenty five (25) feet shall be located in such a manner that the unscreened side shall be visible from any public right-of-way. Whenever in the opinion of the city a dumpster and/or the screen cannot be located upon a particular site so as to conform with these requirements, or there are special circumstance which make the requirements, wholly impracticable, the city may designate a location for the dumpster which in its discretion is the most accessible and aesthetically appropriate or make exemptions from the requirements as necessary.
(D) All dumpsters, shall be maintained in a safe and sanitary condition and shall be cleaned by the owner/occupant of the dumpster site as often as necessary to prevent the dumpster from becoming malodorous. Litter and debris shall not be allowed to accumulate around the dumpster, and all refuse shall be deposited in such a manner as to prevent it from blowing out of the dumpster.
(E) Establishments using dumpster containers shall ensure that the container is placed at a point that is reasonable accessible for the purpose of the collection. Such point shall not be in any public street, alley or sidewalk, or upon any public property of any nature and all dumpster containers shall be maintained in good condition. Any container with ragged edges, serious rust problems affecting the strength of the container or broken sleeves shall be removed and replaced. Formal notice of the required dumpster replacements will be given to property owners and/or tenants.
(F) Temporary placement of dumpsters on the right-or-way or other public property for construction or demolition work requires a permit from the city.
§ 93.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more that $100.00 for each offense. Each day’s continued violation shall constitute a separate offense.
CHAPTER 94 STORAGE OF HAZARDOUS SUBSTANCES AND RESPONSE TO HAZARDOUS SUBSTANCE(S) INCIDENTS.
94.02 DES district responsibility
94.03 Fire chief’s responsibility
94.04 Planning required
94.05 Handler or user responsibility
94.07 Cost recovery
94.09 Severability of ordinance
§ 94.01 DEFINITIONS:
The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“EMERGENCY RESPONSE PERSONNEL”. Shall mean any public employee, including, but not limited to, any firefighter, or emergency response personnel, who responds to any condition caused in whole or part, by a hazard that jeopardizes or could jeopardize public health or safety of the environment.
“FIRE CHIEF”. Shall mean the Fire Chief of the City of New Castle or the County of Henry or the next in command.
“HANDLER”. Shall mean any person who transports or stores a hazardous substance(s).
“HAZARDOUS SUBSTANCE(S)”. As used in this ordinance shall be defined as in KRS 224.01-400 as amended.
“HAZARDOUS WASTE”. As used in this ordinance shall be defined as in KRS 224.01-010 and supporting regulations as amended.
“MSDS”. Shall mean a Material Safety Data Sheet prepared pursuant to state law or pursuant to regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
“PERSON”. Shall mean any individual, trust, limited liability company, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperation, joint venture, city, county, special district, state or any department or agency or political subdivision thereof, United States Government, or other commercial or legal entity.
“PREPLANNING”. Shall mean a joint assessment by persons storing or handling hazardous substance(s) and the Fire Chief of the risks associated with the hazardous substance(s) and may include inspections, joint training and practice.
“RELEASE”. Shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, scraping, leaching, dumping, or disposing into the environment of a hazardous substance(s) in quantities which meet or exceed the reportable quantity amounts established by state or federal regulations.
“THREATENED RELEASE”. Shall mean a condition creating a substantial probability of a release when the probability and potential extent of a release make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property, or the environment.
“USER”. Shall mean any person who uses a hazardous substance(s).
“DISASTER AND EMERGENCY SERVICES (DES) DIRECTOR”. Shall be that official appointed by the Mayor and County Judge/Executive pursuant to KRS 39.415.
“OWNER OR OPERATOR”. Shall mean any person having ownership, control or executive authority of a facility where a hazardous substance(s) is handled or used.
§ 94.02 DES DIRECTOR RESPONSIBILITY.
The DES Director shall be responsible for administering and enforcing the provisions of this ordinance and shall be responsible for the City’s or County’s compliance with all applicable state and federal laws and regulations. The DES Director shall further give full access to, and available of, information submitted under this ordinance to
emergency response personnel and other appropriate governmental entities on a twenty-four hour basis. At no time will the DES Director relinquish command and control during the emergency.
§ 94.03 FIRE CHIEF’S RESPONSIBILITY.
The Fire Chief is authorized and directed to coordinate and cooperate with the DES Director on all hazardous material responses and follow-up.
§ 94.04 PLANNING REQUIRED.
Any handler or user of hazardous substances who stores or handles hazardous materials for any length of time shall immediately notify the DES Director, through the use of MSDS or other documentation, that a hazardous substance(s) is being stored. When the storage of such substance(s) is planned to or does exceed thirty days, the responsible person storing, handling, or using that substance(s) shall notify the DES Director and shall engage in preplanning with the DES Director. This section does not apply to storage of hazardous substances at fixed facilities for less than thirty days provided those facilities comply with the other provisions of this ordinance. The thirty day time period set out in this section continues to run as long as there is a hazardous substance(s) at the facility and does not require any particular substance(s) to be handled or stored for over thirty days.
§ 94.05 HANDLER OR USER RESPONSIBILITY.
The owner or operator of any facility at which a hazardous substance(s) is handled or used shall notify the DES Director, through the use of a MSDS or other documentation, of the substances being stored at the site of the owner or operator by providing the DES Director with a complete inventory and location of such hazardous substances. Such owner or operator shall also implement emergency response plans and procedures for the mitigation of a release or threatened release to minimize any potential harm or damages to persons, property or the environment as may be necessary for a particular incident and implement evacuation plans and procedures, including the immediate notice to the Fire Department and to persons within the immediate site and adjacent properties. Such owners or operators shall also provide training for all employees as required by State and Federal OSHA standards and regulations. Such owners or operators shall also allow periodic inspections by the DES Director of Fire Chief of the storage site.
§ 94.06 RESPONSE.
The City and County Fire Department are authorized to respond to and abate the effects of any release or threatened release of hazardous substances into the
environment, pursuant to the existing preplanning agreement, when requested to do so by the handler or user or when, in the judgment of the DES Director or Fire Chief, there exists an imminent hazard to human health or the environment.
§ 94.07 COST RECOVERY.
Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste(s) shall be responsible for its clean-up and all expenditures pursuant thereto. Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste which results in the City or County expending public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance(s) or hazardous waste shall be liable to the City or County for all recoverable costs as outlined below.
(A) In the event of a hazardous substance(s) release or threatened release involving materials in transit, the shipper (carrier), the owner of the substances, and all other persons whose activities caused or contributed to a release or threatened release, jointly and severally, shall be responsible for all direct costs including, but not limited to, personnel costs of the City New Castle and Henry County Fire Departments and other dispatched emergency workers responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of cleanup, evacuation, and administrative and other expenses, including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(B) In the event of a hazardous substance(s) release or threatened release involving a fixed facility, the operator, owner and all other personnel of the facility responsible for the presence of hazardous substances shall be responsible for all direct costs including, but not limited to, personnel costs of the City and County Fire Departments and other dispatched emergency workers in responding to the release or threatened release, including replacement of supplies and equipment contaminated as
a result of the incident, the cost of proper disposal of contaminated materials, the cost of clean-up, evacuation administrative and other expenses including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New
Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(C) Any hazardous substance(s) or material release shall be considered a public health hazard and for those responses made by the New Castle or Henry County Fire Departments and other emergency response personnel involving a fixed facility within the City or County, the City or County shall have a lien against the property for the recoverable costs as stated hereinabove. The affidavit of the DES Director shall constitute prima facia evidence of the amount of the lien and the regularity of the proceedings and shall be recorded in the Office of the County Clerk. The lien shall be notice to all persons from the time of its recording end shall bear interest at the rate of 6 percent per annum thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings. The owner of a property upon which a lien has been attached shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the City or County shall have the same remedies as provided for the recovery of a debt owned.
§ 94.08 ENFORCEMENT/PENALTIES.
(A) The DES Director will have primary responsibilities for enforcement of the provisions of this Ordinance.
(B) Upon notification or discovery of any violation of the provisions of this Ordinance, the DES Director or his next in command shall investigate the site, and if a violation is found, issue a notice of violation to the person responsible for the facility. This notice shall provide for immediate abatement periods of other violations.
(C) Any person who fails to notify the DES Director of a release or threatened release may be fined not more than five thousand dollars ($5,000) per offense. Each day’s continuance of any such failure or violation shall be considered a separate offense.
§ 94.09 SEVERABILITY OF ORDINANCE.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared null and void or unconstitutional by a valid judgment or decree of a court or competent jurisdiction, such declaration shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance nor any other ordinance or section thereof adopted and codified by the respective legislative bodies.
TITLE XI: TAXATION AND OTHER FISCAL MATTERS
110. FINANCIAL ADMINISTRATION
111. IMPROVEMENTS AND SPECIAL ASSESSMENTS
112. GENERAL TAXATION
113. LICENSE TAX ON INSURANCE COMPANIES
114. BANK FRANCHISE AND LOCAL DEPOSIT TAX
115. TAXATION OF ABANDONED URBAN PROPERTY
CHAPTER 110: FINANCIAL ADMINISTRATION
110.02 Accounting records and financial reports
110.03 Annual budget ordinance
110.04 Annual audit of city funds
110.05 Official depositories; disbursement of city funds
§ 110.01 DEFINITIONS.
As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
"BUDGET." A proposed plan for raising and spending money for specified programs, functions, activities, or objectives during a fiscal year.
"DEBT SERVICE." The sum of money required to pay installments of principal and interest on bonds, notes, and other evidences of debt accruing within a fiscal year and to maintain sinking funds.
"ENCUMBRANCES." Obligations in the form of purchase orders or contracts that are chargeable to an appropriation. An obligation ceases to be an encumbrance when paid or when the actual liability is recorded.
"FISCAL YEAR." The accounting period for the administration of fiscal operations.
"GENERALLY ACCEPTED PRINCIPLES OF GOVERNMENTAL ACCOUNTING." Those standards and procedures promulgated and recognized by the National Council of Governmental Accounting, the Municipal Finance Officers of the United States and Canada, and the American Institute of Certified Public Accountants. (KRS 91A.010)
§ 110.02 ACCOUNTING RECORDS AND FINANCIAL REPORTS.
(A) The city shall keep its accounting records and render financial reports in such a way as to:
(1) Determine compliance with statutory provisions;
(2) Determine fairly and with full disclosure the financial operations of constituent funds and account groups of the city in conformity with generally accepted governmental accounting principles; and
(3) Readily provide such financial data as may be required by the federal revenue sharing program.
(B) The municipal accounting system shall be organized and operated on a fund basis. (KRS 91A.020)
§ 110.03 ANNUAL BUDGET ORDINANCE.
(A) The city shall operate under an annual budget ordinance adopted and administered in accordance with the provisions of this section. No money shall be expended from any governmental or proprietary fund, except in accordance with a budget ordinance adopted pursuant to this section.
(B) Monies held by the city as a trustee or agent for individuals, private organizations, or other governmental units need not be included in the budget ordinance.
(C) If in any fiscal year subsequent to a fiscal year in which the city has adopted a budget ordinance in accordance with this section, no budget ordinance is adopted, the budget ordinance of the previous fiscal year has full force and effect as if readopted.
(D) The budget ordinance of the city shall cover one fiscal year.
(E) Preparation of the budget proposal shall be the responsibility of the Commission.
(F) The budget proposal shall be prepared in such form and detail as is prescribed by ordinance.
(G) The budget proposal together with a budget message shall be submitted to the Commission not later than 30 days prior to the beginning of the fiscal year it covers. The budget message shall contain an explanation of the governmental goals fixed by the budget for the coming fiscal year; explain important features of the activities anticipated in the budget; set forth the reasons for stated changes from the previous year in program goals, programs, and appropriation levels; and explain any major changes in fiscal policy.
(H) (1) The Commission may adopt the budget ordinance making appropriations for the fiscal year in such sums as it finds sufficient and proper, whether greater or less than the sums recommended in the budget proposal. The budget ordinance may take any form that the Commission finds most efficient in enabling it to make the necessary fiscal policy decisions.
(2) No budget ordinance shall be adopted which provides for appropriations to
exceed revenues in any one fiscal year in violation of section 157 of the
(I) The full amount estimated to be required for debt service during the budget year shall be appropriated.
(J) The Commission may amend the budget ordinance at any time after the ordinance's adoption, so long as the amended ordinance continues to satisfy the requirements of this section.
(K) Administration and implementation of an adopted budget ordinance shall be the responsibility of the Commission. Such responsibility includes the preparation and submission to the Commission of operating statements, including budgetary comparisons of each governmental fund for which an annual budget has been adopted. Such reports shall be submitted not less than once every three months in each fiscal year.
(L) To the extent practical, the system utilized in the administration and implementation of the adopted budget ordinance shall be consistent in form with the accounting system called for in § 110.02.
(M) No city agency, or member, director, officer, or employee thereof, may bind the city in any way to any extent beyond the amount of money at that time appropriated for the purpose of the agency. All contracts, agreements, and obligations, express or implied, beyond such existing appropriations are void; nor shall any of the money by the city in any way to any extent, beyond the balance of any appropriation made for the purpose. (KRS 91A.030)
§ 110.04 ANNUAL AUDIT OF CITY FUNDS.
(A) The city, except as provided in division (J) below, shall, as soon as practicable and in no event later than 270 days after the close of each fiscal year, cause each fund
of the city to be audited by the Auditor of Public Accounts or a certified public accountant.
(B) The city shall enter into a written contract with the selected auditor. The contract shall set forth all terms and conditions of the agreement which shall include, but not be limited to, requirements that:
(1) The auditor will be employed to examine the general purpose financial
statements of all governmental proprietary and fiduciary funds of the
(2) All audit information will be prepared in accordance with generally
accepted governmental auditing standards which includes such tests of
the accounting records and such auditing procedures as considered
necessary under the circumstances. Where the audit is to cover the use
of state or federal funds, appropriate state or federal guidelines shall be
(3) The auditor prepare a typewritten or printed report embodying the
general purpose financial statements and his opinion and statements
(4) The auditor express an overall opinion as to whether the general
purpose financial statements present fairly the financial condition of
the city or state the reasons why an overall opinion cannot be
(5) The completed audit and all accompanying documentation shall be
presented to the Commission at a regular or special meeting;
(6) Any contract with a certified public accountant for an audit shall
require the accountant to forward a copy of the audit report and
management letters to the Auditor of Public Accounts upon the request
of the city or the Auditor of Public Accounts,, and the Auditor
of Public Accounts shall have the right to review the certified public
accountants work papers upon request.
(C) Within ten days of the completion of any audit, and its presentation to the City Commission pursuant to division (B) (5) of this section, the city shall forward three
copies of the audit report to the Finance and Administration Cabinet for information purposes.
(D) A copy of an audit report which meets the requirements of this section is considered satisfactory and final in meeting any official request to the city for financial data, except for statutory or judicial requirements, or requirements of the Legislative Research Commission necessary to carry out the purposes of KRS 6.995 to 6.975.
(E) Upon completion of an audit, the city may elect to publish the auditor's report in accordance with division (F) of this section, or may publish a financial statement in accordance with division (G) of this section. Notwithstanding the election of divisions (F) or (G) of this section, the city shall within 90 days after the close of the fiscal year, cause to be published in a newspaper qualified under KRS 424.120 a legal display advertisement of not less than eight column inches that the statement required by KRS 424.220 has been prepared and that copies have been provided to each local newspaper of general circulation, each news service, and each local radio or television station which has on file with the city a written request to be provided such statement.
(F) If the city elects to publish the auditor's report prepared in accordance with this section in lieu of the financial statement required by KRS 424.220, it shall publish such report, together with the general purpose financial statements of the city, which shall include the combined balance sheets, combined statements of revenues, expenditures or expenses, and changes in fund balances, retained earnings, or financial position for each fund of the city, and notes to such general purpose financial statements, in accordance with KRS Chapter 424. In addition, the advertisement shall contain a statement that copies of the financial statement prepared in accordance with KRS 424.220 are available to the public at no cost at the business address of the officer responsible for preparation of such statement.
(G) If the city elects to publish the financial statement prepared in accordance with KRS 424.220 in lieu of publishing the auditor's report, it shall, within 60 days after the completion of the audit, publish such statement in accordance with KRS Chapter 424.
(H) If the city determines that the cost of newspaper publication exceeds the cost of postage, supplies, and reproduction, the city may substitute delivery of a copy of the advertisement by first class mail to each residence within the publication area, in lieu of the newspaper publication required by this section. (KRS 424.190(2))
(I) Any person who violates any provision of this section shall be fined not less than $50 dollars nor more than $500. In addition, any officer who fails to comply with any of the provisions of this section shall, for each failure, be subject to a forfeiture of not less than $50 nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party. (KRS 91A.040)
(J) In lieu of the auditing requirements set forth in KRS 91A.040, if the city for the fiscal year in question receives and expends, from all sources, and for all purposes, less than $25,000, revenue debt, the city may comply fully with the provisions of KRS 424.220 in lieu of the requirements listed in divisions (A) through (I) above. (KRS 91A.041)
Department for Local Government to provide assistance, see KRS 91A.050
§ 110.05 OFFICIAL DEPOSITORIES; DISBURSEMENT OF CITY FUNDS.
(A) The Commission shall designate as the city's official depositories one or more banks, federally insured savings and loan companies, or trust companies within the Commonwealth. The amount of funds on deposit in an official depository shall be fully insured by deposit insurance or surety bonds.
(B) All receipts from any source of city money or money for which the city is responsible, which has not been otherwise invested or deposited in a manner authorized by law, shall be deposited in official depositories. All city funds shall be disbursed by written authorization approved by the Commission which states the name of the person to whom funds are payable, the purpose of the payment and the fund out of which the funds are payable. Each authorization shall be numbered and recorded. (KRS 91A.060)
CHAPTER 111: IMPROVEMENTS AND SPECIAL ASSESSMENTS
111.02 Financing of improvements
111.03 Apportionment of cost
111.04 Comprehensive report required
111.05 Public hearing required
111.06 Adoption of ordinance; notice to affected owners
111.07 Affected owner may contest
111.08 When city may proceed; assessment constitutes lien
111.09 Effect of additional property or change in financing
§ 111.01 DEFINITIONS.
As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
"ASSESSED VALUE BASIS." The apportionment of cost of an improvement according to the ratio the assessed value of individual parcels of property bears to the total assessed value of all such properties.
"BENEFITS RECEIVED BASIS." The apportionment of cost of an improvement according to equitable determination by the Commission of the special benefit received by property from the improvement, including assessed value basis, front foot basis, and square foot basis, or any combination thereof, and may include consideration of assessed value of land only, graduation for different classes of property based on nature and extent of special benefits received, and other factors affecting benefits received.
"COST." All costs related to an improvement, including planning, design, property or easement acquisition and construction costs, fiscal and legal fees, financing costs, and publication expenses.
"FAIR BASIS." Assessed value basis, front foot basis, square foot basis, or benefits received basis.
"FRONT FOOT BASIS." The apportionment of cost of an improvement according to the ratio the front footage on the improvement of individual parcels of property bears to such front footage of all such properties.
"IMPROVEMENT." Construction of any facility for public use or services or any addition thereto, which is of special benefit to specific properties in the area served by such facility.
"PROPERTY." Any real property benefited by an improvement.
"SPECIAL ASSESEMENT" or "ASSESSMENT." A special charge fixed on property to finance an improvement in whole or in part.
"SQUARE FOOT BASIS." The apportionment of cost of an improvement according to the ratio the square footage of individual parcels of property bears to the square footage of all such property. (KRS 91A.210)
§ 111.02 FINANCING OF IMPROVEMENTS.
(A) The city may not finance any improvement, in whole or in part, through special assessments except as provided in this chapter and in any applicable statutes.
(B) Cost of an improvement shall be apportioned equitably on a fair basis.
(B) The city may provide for lump sum or installment payment of assessments or for bond or other long-term financing, and for any improvement may afford property owners the option as to method of payment or financing.
§ 111.03 APPORTIONMENT OF COST.
The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government, or any educational, religious, or charitable organization. The Commission may assess such property in the same manner as for privately owned property or it may pay the costs so apportioned out of general revenues.
§ 111.04 COMPREHENSIVE REPORT REQUIRED.
Before undertaking any improvements pursuant to this chapter, the city shall prepare a comprehensive report setting out:
(A) The nature of the improvement;
(B) The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;
(C) The preliminary estimated cost of the improvement;
(D) The fair basis of assessment proposed;
(E) If financing of assessments is provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvement; and
(F) Such other information as may further explain material aspects of the improvement, assessments, or financing. (KRS 91A.240)
§ 111.05 PUBLIC HEARING REQUIRED.
After preparation of the report required by § 111.04, the city shall hold at least one public hearing on the proposed improvement at which all interested persons shall be heard. Notice of the hearing shall be published pursuant to KRS Chapter 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:
(A) The nature of the improvement;
(B) Description of the area of the improvement;
(C) Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;
(D) Time and place the report may be examined; and
(E) Time and place of the hearing. (KRS 91A.250)
§ 111.06 ADOPTION OF ORDINANCE; NOTICE TO AFFECTED OWNERS.
Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in § 111.04 and a description of all properties. Promptly upon passage the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio the cost to each property owner bears the total cost of the entire project. (KRS 91A.260
§ 111.07 AFFECTED OWNER MAY CONTEST.
(A) Within 30 days of the mailing of the notice provided for in § 111.06, any affected property owner may file an action in the circuit court of the county, contesting the undertaking of the project by special assessment, the inclusion of his property in the improvement, or the amount of his assessment. If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further owner action on the improvement insofar as it relates to any property owner who is a plaintiff shall be taken until the final judgment has been entered.
(B) The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amounts of assessments. After the lapse of time as herein provided, all actions by owners of properties are forever barred. (KRS 91A.270)
§ 111.08 WHEN CITY MAY PROCEED; ASSESSMENT CONSTITUTES LIEN.
(A) After the passage of time for the action provided for in § 111.07, or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement. The first installment may be apportioned so that the other payments will coincide with payment of ad valorem taxes.
(B) The amount of any outstanding assessment or installments thereof on any property, and accrued interest and other charges, constitutes a lien on the property to secure payment to the bondholders or any other source of financing of the improvement. The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes, and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the Commission shall exempt any benefited property from the lien for the improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided. (KRS 91A.280)
§ 111.09 EFFECT OF ADDITIONAL PROPERTY OR CHANGE IN FINANCING.
The city may undertake any further proceedings to carry out the improvement or any extension or refinancing thereof, except that § 111.04 through 111.08 applies if additional property is included in the improvement or if change is made in the method or period of financing; but additional property may be included in the improvement with the consent of the owner thereof without compliance with other sections if it does not increase the cost apportioned to any other property, or any other change may be made without such compliance if all property owners of the improvement consent.
CHAPTER 112: GENERAL TAXATION
112.01 County assessment adopted
112.02 Due date; payment
112.04 Disposition of funds
§ 112.01 COUNTY ASSESSMENT ADOPTED.
(A) Pursuant to the authority granted in KRS 132.285, the city hereby adopts the annual Henry County assessment for all real and personal property situated within the city as the basis of all ad valorem levies ordered or approved by the City Commission.
(B) The assessment as finally determined for county tax purposes shall serve as the basis for all city levies for the fiscal year commencing after the assessment date.
§ 112.02 DUE DATE; PAYMENT.
(A) Taxes shall become due on December 1.
(B) Any taxpayer who pays his city taxes before December 1 after they become due shall be entitled to a 2% discount thereon, and the City Clerk-Treasurer/Tax Collector shall allow the discount and give a receipt in full to the taxpayer.
§ 112.03 DELINQUENCY.
(A) City taxes shall become delinquent on January 1 following their due dates.
(B) Any taxes not paid by the date when they become delinquent shall be subject to a penalty of 10% on the taxes due and unpaid. The delinquent taxpayer shall also pay all costs and expenses incidental to any action taken by the city for collection of the delinquent tax bill.
(C) Delinquent taxes shall be collectable under the provisions of the state law relating to the collection of delinquent taxes.
Manner of assessment, levy, and collection in cities of the sixth class, see KRS 92.540
§ 112.04 DISPOSITION OF FUNDS.
All monies collected from the taxes levied in this chapter shall be paid into the General Fund of the city to be used for the payment of proper expenditures as determined by the City Commission.
CHAPTER 113: LICENSE TAX ON INSURANCE COMPANIES
113.01 Imposition of license tax
113.02 Amount of tax for companies issuing life insurance
113.03 Amount of tax for companies issuing policies other than life insurance.
113.04 Due date; interest
113.05 Written breakdown of collections
§ 113.01 IMPOSITION OF LICENSE TAX.
There is hereby imposed on each insurance company a license tax for the privilege of engaging in the business of insuring within the corporate limits of the city, on a calendar-year basis. This license tax shall not apply to any policy that insures property used exclusively for religions, educational, or charitable purposes.
(Ord. 13-9, passed 1-22-14)
§ 113.02 AMOUNT OF TAX FOR COMPANIES ISSUING LIFE INSURANCE.
The license tax imposed upon each insurance company which issues life insurance policies on the lives of persons residing within the corporate limits of the city shall be 12% of the first year's premiums actually collected within each calendar quarter by reason of the issuance of such policies.
§ 113.03 AMOUNT OF TAX FOR COMPANIES ISSUING POLICIES OTHER THAN LIFE INSURANCE.
The license tax imposed upon each insurance company which issues any insurance policy which is not a life insurance policy shall be 12% of the premiums actually collected within each calendar quarter by reason of the issuance of such policies on risks located within the corporate limits of the city on those classes of business which such company is authorized to transact, less all premiums returned to policyholders; however, any license fee or tax imposed upon premium receipts shall not include premiums received for insuring employers against liability for personal injuries to their employees, or death caused thereby, under the provisions of the Worker's
Compensation Act and shall not include premiums received on policies of group health insurance provided for state employees under KRS 18A.225 (2). (AM. Ord. 00-08, passed 6-14-02)
§ 113.04 DUE DATE; INTEREST.
All license taxes imposed by this chapter shall be due no later than 30 days after the end of each calendar quarter. License taxes which are not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS 131.010 (6).
§ 113.05 WRITTEN BREAKDOWN OF COLLECTIONS.
Every insurance company subject to the license tax imposed by this chapter shall annually, by March 31, furnish the city a written breakdown of all collections in the preceding calendar year for the following categories of insurance:
(C) Inland marine.
(D) Fire and allied perils.
§ 113.06 REFUND PROCEDURE
No insurance company shall be entitled to a refund or subsequent set-off for any license fee erroneously paid unless the request for the refund be made to the City of New Castle in writing within 18 months of the end of the calendar year in which said license fee is paid. Additionally, said request shall be accompanied by supporting documentation which shall include the following:
(A) The name and address of each and every insured upon whom the license
was erroneously paid.
(B) The type of risk being insured against.
(C) The amount of the insured premium charged by the company.
(D) Such other information as may be reasonably requested by the City of
New Castle, Kentucky.
CHAPTER 114: BANK FRANCHISE AND LOCAL DEPOSIT TAX
114.01 Franchise tax imposed
114.02 Transitional rules
114.03 Tax timetable
114.04 Lien for unpaid taxes
114.06 Purposes of tax
114.07 Notice to department of revenue
§ 114.01 FRANCHISE TAX IMPOSED:
There is hereby imposed on all “financial institutions”, as defined in KRS Chapter 136, located within the corporate limits of the City of New Castle, Kentucky, for the 1996 tax year and all subsequent years, a franchise tax at the rate of 0.025% on all deposits, as defined in KRS Chapter 136, maintained by such financial institutions.
§ 114.02 TRANSITIONAL RULES:
(A) For transitional purposes, the 1996 tax year will be treated differently in terms of collection of taxes that for all subsequent years. For the 1996 tax year, the following timetable is hereby established:
(B) The City of New Castle will issue tax bills to financial institutions no later than May 31, 1997, or without the discount by June 30, 1997.
§ 114.03 TAX TIMETABLE:
For all tax years subsequent to the 1996 tax year, the following timetable is hereby established: the City of New Castle will issue tax bills to financial institutions no later than December 1 of each year. Payment of the tax shall be due with a two percent (2%) discount by December 31, of each year, or Without the discount by January 31 of each year.
§ 114.04 LIEN FOR UNPAID TAXES:
The City of New Castle, Kentucky shall have a lien for taxes upon any and all property subject to the tax imposed by these sections, which lien shall be superior to all encumbrances prior to subsequent.
§ 114.05 DELINQUENCIES:
All taxes due in accordance with these sections which are not paid before June 30, 1997, for tax year 1996, or which are not paid before January 31, for all subsequent tax years shall be deemed delinquent and shall be subject to a penalty of 2% and shall bear interest at the rate of 12% per annum.
§ 114.06 PURPOSES OF TAX:
All moneys collected pursuant to these sections shall be paid into the General Fund of the City to be used for the payment of proper expenditures as determined by the City Commission.
§ 114.07 NOTICE TO DEPERTMENT OF REVENUE:
The City Clerk is hereby directed to send a copy of this ordinance to the commission of the Kentucky Department of Revenue, Frankfort, Kentucky.
CHAPTER 115: TAXATION OF ABANDONED URBAN PROPERTY
115.01 Tax rate for abandoned urban property
115.02 Tax Assessments
115.03 Due dates
115.04 Payment, collection, enforcement
115.05 Abandoned urban properties
115.06 Establishment of the vacant property review commission
115.08 Eminent domain
§ 115.01 TAX RATE FOR ABANDONED URBAN PROPERTY
An ad valorem tax rate of $10.00 per $100.00 assessment value is hereby established for abandoned urban property located I the City of New Castle, Kentucky, and incorporated into the City of New Castle Code of Ordinances as follows:
§ 115.02 TAX ASSESSMENTS.
(A) The City elects to use the annual Henry County Assessment for properties situation within the city as a basis for ad valorem tax levies ordered or approved by the New Castle City Commission.
(B) The assessment date of the city shall conform to the corresponding dates as set for other properties with the City of New Castle, Kentucky by separate ordinance.
§ 115.03 DUE DATES.
The due date, penalties, interest and discounts for city taxes for abandoned urban property shall be the same as is set forth in any city ordinance adopted from time to time for the payment of taxes on any other properties not classified as abandoned urban properties.
§ 115.04 PAYMENT, COLLECTION, ENFORCEMENT.
The City Clerk/Treasurer is authorized along with the assistance of the City Attorney to file in the appropriate Court having jurisdiction, an action to collect any ad
valorem tax, penalty, interest or any other charges related thereto an to recover all court costs and reasonable attorney’s fees incurred to enforce any provision of this ordinance.
§ 115.05 ABANDONED URBAN PROPERTIES.
Abandoned urban property is established as a separate classification of real property for the purpose of ad valorem taxation. As used in this subchapter, “abandoned urban property” means:
(A) Any vacant structure or vacant or unimproved lot or parcel of ground in the city which has been vacant or unimproved for a period of at least one (1) year and which:
(4) Because it is dilapidated, unsanitary, unsafe, vermin infested, or otherwise dangerous to the safety of persons, it is unfit for its intended use; or
(5) By reason of neglect or lack of maintenance has become a place for the accumulation of trash and debris, or has become infested with rodents or other vermin; or
(6) Has been delinquent for a period of at least three (3) years; or
(B) Any property in the city that has been identified as “blighted” or “deteriorated” by the Vacant Property Review Commission. “Blighted” or “deteriorated” shall have that definition set forth in KRS 99.705.
§ 115.06 ESTABLISHMENT OF THE VACANT PROPRTY REVIEW COMMISSION.
The three members of said commission shall be appointed by the Mayor subject to approval of the New Castle City Commission. The provisions of KRS 99.710 are incorporated herein by reference as are the provisions of KRS 92.305, KRS 99.705, KRS 99.715, KRS 99.720, KRS 99.725 and KRS 99.730 and other applicable sections of Kentucky Statutes related to special tax assessments for abandoned urban including provisions related to eminent domain for the properties so classified.
§ 115.07 CONFLICTS.
Any ordinances or parts thereof in conflict herewith are to be extent of such Conflict hereby repealed. This Ordinance shall be interpreted item by item. This Ordinance shall be in effect upon its passage and publication as required by law.
§ 115.08 EMINENT DOMAIN.
The City of New Castle is authorized to exercise eminent domain over any property identified by the Vacant Property Review Commission as abandoned urban property. Any such proceeding in condemnation shall be conducted s provided by statute.
TITLE XIII: COMMUNITY DEVELOPMENT
130. COMPREHENSIVE PLAN, ZONING REGULATIONS, AND
131. BUILDING REGULATIONS
132. UNSAFE STRUCTURES
133. DISPLAY OF STREET ADDRESSES
133A. ENHANCED 911 ADDRESSING PLAN
134. SMOKE DETECTORS
135. PAVING OFF STREET PARKING
138. ENTRANCE LIGHTING SYSTEMS
140. PRESERVATION BOARD
141. REGISTRATION OF VACANT RESIDENTIAL PROPERTIES
145. FLOOD PREVENTION
CHAPTER 130: COMPREHENSIVE PLAN, ZONING REGULATIONS,
AND SUBDIVISION REGULATIONS
130.01 County Comprehensive Plan adopted by reference
130.02 Zoning regulations adopted by reference
130.03 Subdivision regulations adopted by reference
§ 130.01 COUNTY COMPREHENSIVE PLAN ADOPTED BY REFERENCE.
The Henry County Comprehensive Plan is hereby adopted by reference and made a part of this code.
§ 130.02 ZONING REGULATIONS ADOPTED BY REFERENCE.
The zoning regulations of the Henry County, Campbellsburg, Eminence, New Castle, Pleasureville, and Smithfield Planning Commission applicable to the city, are hereby adopted by reference and made a part of this code.
§ 130.03 SUBDIVISION REGULATIONS ADOPTED BY REFERENCE.
The subdivision regulations for the city are hereby adopted by reference and made a part of this code.
CHAPTER 131: BUILDING REGULATIONS
131.01 Adoption of Kentucky Building Code; Standards of Safety
131.02 Enforcement of Codes
§ 131.01 ADOPTION OF KENTUCKY BUILDING CODE; STANDARDS OF SAFETY.
The Kentucky Building Code, as contained in Chapter 6, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments, are hereby adopted by reference as if fully set forth in this code of ordinances. Copies of the above codes and any amendments thereto shall be placed on file in the office of the City Clerk-Treasurer/Tax Collector where they shall be available for public inspection during normal business hours. Penalty, see § 131.99
§ 131.02 ENFORCEMENT OF CODES.
(A) The State Building Inspector is charged with enforcement of the provisions of the State Building Code adopted in § 131.01.
(B) The State Plumbing Official is charged with enforcement of the provisions of the State Plumbing Code.
(C) The Chief of the Volunteer Fire Department is hereby charged with enforcement of the provisions of the State Standards of Safety adopted by reference in § 131.01.
§ 131.99 PENALTY.
Any person who violates any provision of the state codes adopted in § 131.01 shall be subject to the following penalties:
(A) Violators of the State Building Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $1000 for each offense. (KRS 198B.990(1))
(B) Violators of the State Standards of Safety shall, upon conviction, be subject to a fine of not less than $25 nor more than $1000, imprisonment for not more than 60 days, or both, for each offense. (KRS 227.990(1))
(C) Violators of the State Plumbing Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense. (KRS 318.990).
CHAPTER 132: UNSAFE STRUCTURES
132.02 Unsafe Structures
132.03 Petition charging that structure is hazardous or unsafe; notice, hearing
132.04 Required method of notice for all complaints or orders
132.05 Order to vacate, repair, or remove
132.06 Failure of owner to comply with order
132.07 Eviction of occupants from unsafe building
132.09 Recovery of damages
§ 132.01 DEFINITIONS.
The following terms whenever used or referred to in this chapter shall have the following respective meanings unless a different meaning clearly appears from the context:
"BUILDING." Any combination of materials, whether portable or fixed, which comprises a structure affording facilities or shelter for any human occupancy, whether infrequent or regular, including all dwellings and nonresidential building. The word "BUILDING" shall be construed as if followed by the words "or part or parts thereof and all equipment and contents therein" unless the context clearly requires a different meaning.
"DEMOLISH." To destroy a building and to remove all debris and waste materials from the lot on which the building stood.
"DWELLING." Any building or structure or part thereof used and occupied for human habitation or intended to be so used and including any garages or other accessory buildings belonging thereto.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
"OCCUPANT." Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit.
"OWNER." Any holder of any legal or equitable title in the subject premises, whether alone or jointly with others, and whether in possession or not, and shall further include any person who shall have charge, care, or control of any structure as owner, or as agent of the owner, or as fiduciary for the owner's estate.
"PARTIES IN INTEREST." All individuals, associates, and corporations who have a mortgage or other interest of record in a structure or who are in possession thereof.
"RUBBISH." All waste materials except garbage.
"STRUCTURAL ALTERATIONS." Any change in the supporting members of a building such as bearing walls, columns, beams, or gutters, except repair or replacement of supporting members.
"STRUCTURE." Any man-made combination of materials including, but not limited to, buildings, dwellings, stadiums, reviewing stands, platforms, stagings, observation towers, swimming pools above and below grade, radio towers, water tanks and towers, trestles, piers, wharves, sheds, coal bins, shelters, display signs, retaining walls, fences, and excavations. The term "STRUCTURE" shall be construed as if followed by the words "or part or parts thereof and all equipment and contents therein" unless the context clearly requires a different meaning.
§ 132.02 "UNSAFE STRUCTURES."
The following conditions are hereby determined to be hazardous and shall warrant a finding that a structure or its premises is unsafe:
(A) Structural hazards.
(1) Any structure whose walls or vertical members list, lean, or buckle to
such an extent that a plumb line suspended from the top edge of such
member shall fall outside of a distance from the edge equal to one-
third of the thickness of such members;
(2) Any structure which has a support member or members which have
deteriorated to such an extent as to be unable to safely support the
applied loads or which have 40% damage or deterioration of the
non-supporting, enclosed, or outside walls or covering;
(3) Any structure which has improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have
insufficient strength to be reasonably safe for the purpose used;
(4) A stress in any materials, element, or member of any structure, or
portion thereof, due to all dead and live loads, which is greater than the
working stresses allowed by the State Building Code or State
Standards of Safety;
(5) Any structure which has been damaged by fire, wind, earthquake,
flood, or other causes in such a manner that the structural stability or
strength thereof is appreciable less than the minimum requirements set
forth by the State Building Code for new construction of a similar
(6) Any structure which has parts thereof so attached, dislodged, or
detached that they may fall or collapse and injure persons or property;
(7) Any structure which has settled to such an extent that the walls or other
structural portions thereof have been displaced or distorted and
rendered structurally unstable or dangerous, or that the basic function
of such element has been impaired;
(8) Any structure which because of dilapidation, deterioration, decay,
faulty construction, or the removal or movement of some portion of
the ground necessary for its support, is likely to partially or completely
collapse, or some portion of its foundation or underpinning is likely to
fall or give way;
(9) Any structure, exclusive of its foundation, showing damage or
deterioration to 33% or more of its members, or 50% or more of its
non-supporting enclosing or outside wall or covering;
(10) Any structure which is for any reason whatsoever manifestly unsafe
for the purpose for which it is used or intended to be used;
(11) Any structure which has been so damaged by fire, wind, earthquake,
flood, or has become so dilapidated or deteriorated from any cause
whatsoever, as to become an attractive nuisance to children who
might play therein, or as to afford a harbor for vagrants, criminals,
disorderly persons, or others who are not lawful occupants of such
structure, or as to enable persons to resort thereto for the purpose of
committing a nuisance or unlawful or immoral acts;
(12) Any structure which when constructed was, and now exists or is
maintained in violation of any specific requirement or prohibition
under city building ordinances or other laws in effect at the time of
such construction relating to the location, use, and physical condition
(13) Any structure which, whether or not originally erected in accordance
with all applicable laws and ordinances, because of dilapidation,
deterioration, damage, or other cause, has become so weakened or
defective as to have in any non-supporting part, member, or portion,
less than 50%, or in any supporting member less than 66%, of the
strength, fire- resisting qualities or characteristics required by law or
ordinance in the case of new construction of a similar structure;
(14) Any structure which because of faulty construction, age, lack of
proper repair, or other cause, is especially liable to fire and
constitutes, contains, or creates a fire hazard;
(15) Any structure which for any reason whatsoever is dangerous to the
public health or safety because of its condition, and which may cause
or aid in the spreading of disease or injury to the health or the
occupants of it or neighboring structures;
(B) Faulty weather protection.
(1) Any structure which has deteriorated, crumbling, or loose plaster;
(2) Any structure which has deteriorated or ineffective water proofing of
exterior walls, roofs, foundations, or floors, including broken windows
(3) Any structure which has defective or ineffective weather protection for
exterior wall coverings, including lack of paint, or weathering due to
lack of paint or other approved protective covering;
(4) Any structure which has broken, rotted, split, or buckled exterior walls
or roof covering;
(C) Faulty construction materials. Any structure which has construction materials which are not approved by the State Building Code and the State Standards of Safety and which have not been adequately maintained in good and safe condition;
(D) Fire hazards.
(1) Any structure which is not of fire-resistive construction or provided
with fire-extinguishing systems or equipment required by the State
Standards of Safety, except those structures which conformed with all
applicable laws at the time of their construction and whose fire-
resistive integrity and fire-extinguishing systems or equipment have
been adequately maintained and improved in relation to any increase in
occupant load, alteration or addition, or any change in occupancy;
(2) Any structure or combustible waste or vegetation which is in a
condition likely to cause a fire or explosion or provide ready fuel to
augment the spread and intensity of fire or explosion arising from any
(3) Any structure which has a door, aisle, passage way, stairway, or other
means of exit of insufficient width or size, or not so arranged as to
provide safe and adequate means of exit in case of fire or panic for all
persons housed or assembled therein who would be required to , or
might use such means of exit;
(4) Any structure which does not have an unobstructed means of egress
leading to safe and open space at ground level.
(E) Hazardous or unsanitary premises. Any premises in which there is an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, refuse, vermin harborages, stagnant water, combustible materials, or similar materials or conditions constituting fire, health, or safety hazards;
(F) Electrical hazards.
(1) Any structure which has permanent electrical wiring that is dangerous
due to lack of insulation, improper fuses or circuit breakers, inadequate
grounding, wires of inadequate capacity, obvious shock hazards, or
other dangerous conditions;
(2) Any structure which has temporary wiring, except extension cords that
run directly from portable electric fixtures to convenience outlets and
do not lie underneath floor covering materials or extend through
doorways, transoms or other similar openings through walls, floor, or
(G) Plumbing hazards.
(1) Any structure which has plumbing that permits contamination of the
water supply through backflow, backsiphonage, or any other method
(2) Any structure which has water supply inlets below the flood level of
any sink, lavatory, bathtub, or other fixture, or submerged inlets except
those with vacuum breaker complying with the State Building Code;
(3) Any structure with a water-using fixture whose waste line is not
§ 132.03 PETITION CHARGING THAT STRUCTURE IS HAZARDOUS OR UNSAFE; NOTICE, HEARING.
Whenever a petition is filed with a duly authorized public officer of the city by a public authority or by at least five residents of the city charging that any structure is unfit for human habitation, occupancy, or use, or whenever it appears to the officer (on his own motion) that any structure is unfit for human habitation, occupancy, or use, the officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges in that respect. The complaint shall state that:
(A) A hearing shall be held before a duly authorized board at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint;
(B) The owner and parties in interest may file an answer to the complaint;
(C) The rules of evidence in courts of law or equity shall not be controlling in hearing before the board.
§ 132.04 REQUIRED METHOD OF NOTICE FOR ALL COMPLAINTS OR ORDERS.
Complaints or orders shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the officer in the exercise of reasonable diligence, the officer may make an affidavit to that effect and then the serving of the complaint or order upon such persons may be made by publication pursuant to KRS Chapter 424. A copy of the complaint or order shall be recorded in the office of the County Clerk.
§ 132.05 ORDER TO VACATE, REPAIR, OR REMOVE.
If after notice and hearing the board determines that the structure under consideration is hazardous and unsafe, as defined herein, it shall state in writing the findings of fact in support of such determination and the public officer shall issue and cause to be served upon the owner thereof an order requiring the owner to perform the following.
(A) Alter or improve the structure to render it fit for human habitation, occupancy, or use, including complying with applicable building, plumbing, and electrical codes, or other applicable laws and ordinances; or to vacate, close, and demolish the structure if made at a cost that is less than 50% of the value of the structure providing that the owner does not elect to repair the structure as hereinafter set out.
(B) In the event that repair, alteration, or improvement of the structure cannot be made at a cost that is less than 50% of the value of the structure, the owner shall be given the opportunity to repair the structure as an alternative to demolishing it and the owner shall make an election to either demolish or repair the structure within the time specified in the order, the election to be made in writing and filed with the board. If the owner fails to make this election, an order may be issued to demolish the structure.
§ 132.06 FAILURE OF OWNER TO COMPLY WITH ORDER.
(A) If the owner fails to comply with an order to repair, alter, or improve, or to vacate, close, and remove the structure, the officer may cause to be posted at the main entrance of any structures so closed, a placard with the following words:
"This building is unsafe and unfit for human habitation, occupancy, or use; the use or occupancy of the building for human habitation, occupancy, or use is prohibited and unlawful."
(B) If the owner fails to comply with an order to remove or demolish the structure, the officer may cause the structure to be removed or demolished.
(C) The amount of the costs of repairs, alterations, improvements, vacating and closing, removal, or demolition, shall be a lien upon the real property and such lien shall be filed for record in the office of the County Clerk. If the structure is removed or demolished by the officer, he shall sell the materials or structure and shall credit the proceeds of such sale against the costs of the removal or demolition and any balance remaining shall be deposited in the County Circuit Court by the public officer, and shall be secured in such a manner as may be directed by the Court, and shall be disposed by such Court to the persons found to be entitled thereto by final order or decree of the Court.
§ 132.07 EVICTION OF OCCUPANTS FROM UNSAFE BUILDING.
When the board has declared a structure hazardous and unsafe and the public officer has ordered the same to be vacated, the public officer may, after ten days' notice to the occupant or occupants thereof, apply to the County District Court for an order directing the Sheriff to immediately evict the occupant or occupants and his belongings from the building.
§ 132.08 APPEALS.
Any person affected by an order issued by the officer may, within 30 days after the posting and service of the order, file a petition with, and appeal to the County Circuit Court for a review of the action of the board. The appealing party shall have the obligation of producing the transcript of evidence of the proceeding before the board and shall be awarded the right to call such additional witnesses as he may desire. The trial court's review shall be limited to a determination of whether the board acted arbitrarily.
§ 132.09 RECOVERY OF DAMAGES.
No person affected by an order of the board shall be entitled to recover any damages for actions taken pursuant to any order of the board, or because of noncompliance by such person with any order of the board. (Ord. 88-2)
CHAPTER 133: DISPLAY OF STREET ADDRESSES
133.02 Visible display of street addresses required
§ 133.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or otherwise requires a different meaning.
"OWNER." Any person who owns any interest in a lot or parcel of real estate in the city.
"PERSON." Any natural person, corporation, partnership, joint venture, or any association or combination thereof. (Ord. 87-, passed --7)
§ 133.02 VISIBLE DISPLAY OF STREET ADDRESSES REQUIRED.
(A) Each owner of each lot or parcel of real estate in the city upon which there is constructed any building or structure occupied by human beings for residential or business purposes or constructed, designed, or intended therefore shall cause to be displayed thereon the numbers of the street address as it appears on the monthly water and sewer statement issued by the city in a manner so that the numbers are conspicuous and visible from the street upon which that lot or parcel of real estate abuts and in no event shall these numbers be less than three inches in height.
(B) No person shall cause, permit, encourage, aid, assist, or engage in the occupation or use by any human being of any building or structure located upon any lot or parcel of real estate within the city unless thereon the numbers of such street address in a manner so that they are conspicuous and visible from the street upon which the lot or parcel of real estate abuts; and in no event shall these numbers be less than three inches in height.
(Ord. 87- , passed --87) Penalty, see § 133.99
§ 133.99 PENALTY.
Whoever violates any provision of this chapter shall, upon conviction, be fined not more than $50 per day for each day that the violation exists. Each day of such violation shall constitute a separate offense. (Ord. 87-, passed --87)
CHAPTER 133A. ENHANCING 911 ADDRESSING PLAN
133A.01 New Structures
133A.02 Posting of Designated Numbers
§ 133A.01 NEW STRUCTURES AND MOBILE HOMES
(A) All persons, firms, corporations and other legal entities constructing new structures or locating or relocating mobile homes in New Castle, Kentucky, shall from and after this date obtain an Address Notification Form, duly issued by the addressing authority.
(B) Applicants shall apply for the Address Notification Form with the designated 911 Coordinator. Said 911 Coordinator will furnish the applicant with a copy to present to the United States Post Office.
(C) Immediately upon the filing of the Address Notification Form, the 911 Coordinator shall assign a number and address to the structure. The 911 Coordinator shall keep a record of all numbers and addresses assigned.
§ 133A.02 POSTING OF DESIGNATED NUMBERS
The owner or occupant or person in charge of any house, building, mobile home or other structure to which a number has been assigned.
(A) Shall within thirty (30) days after the receipt of such number affix the number in a conspicuous manner in a conspicuous place, and
(B) shall within thirty (30) days remove any different number which might be mistaken for or confused with the number assigned to said structure by the issuing authority.
(C) Each principal building or structure shall display the number assigned to the frontage on which the front entrance is located. In case the principal building or structure is occupied by more than one business or family dwelling unit, each separate front entrance may display a separate number.
(D) Numerals indicating the official numbers for each principal building, or each front entrance to such building, shall be posted in a manner as to be legible and distinguished from the street or road on which the property is located, with numbers applied, of not less than three inches (3’’) in height.
(E) Mail boxes shall be marked with the house number.
(F) If the structure is not visible from the street or road on which it is located and no mail box is beside the driveway leading to the structure, a sign or number post shall be erected to display the number which may be displayed either vertically from top down or horizontally.
§ 133A.03 ENFORCEMENT/PENALTIES
In the event that the owner or occupant or person in charge of ant house or building refuses to comply with the terms of this ordinance by failing to affix the numbers assigned within thirty (30) days after notification, or by failing within said period of thirty (30) days to remove any old numbers affixed to such house, or house entrance, or elsewhere, which may be confused with the number assigned thereto, he shall be punished by paying a fine of not less than ten (10) dollars for every day that the situation is not rectified.
CHAPTER 134: SMOKE DETECTORS
134.02 Smoke detectors required
134.03 Type and placement of smoke detectors
134.04 Providing, installing, and maintaining smoke detectors
§ 134.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DWELLING." Any building which contains one or more dwelling units or any rooming unit, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. "DWELLING" shall include a rooming house, motels, tourist homes, school dormitories, and apartment buildings.
"DWELLING UNIT." Any group of rooms located within a building or structure, including mobile homes, and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking, or eating.
"OWNER." Any person, who, alone, jointly, or severally with others shall:
Have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or have all or part of the beneficial ownership of any dwelling unit and a right to present use and enjoyment thereof, including a mortgagee in possession; or
Have charge, care, or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly-authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner's obligations under this section.
"ROOMING UNIT." Any room which is designed or used for sleeping purposes. A "ROOMING UNIT" may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory, or an apartment building which may or may not have some additional facilities for eating or cooking contained therein.
§ 134.02 SMOKE DETECTORS REQUIRED.
(A) Subject to those exceptions and conditions for compliance as stated herein, smoke detectors shall be required in all dwellings rented for occupancy. It shall be the responsibility of the owner of each new or existing occupied dwelling unit to install smoke detectors in each dwelling unit as provided in this chapter. The smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible (or visual for a deaf or hearing-impaired person) alarm.
(B) This chapter shall apply to any and all dwellings or dwelling units, whether new or existing, which are not otherwise required to have smoke detectors located therein under the provisions of the currently adopted Standards of Safety.
Penalty see § 134.99
§ 134.03 TYPE AND PLACEMENT OF SMOKE DETECTORS.
(A) In order to comply with this chapter, only ionization or photo-electric type smoke detectors approved by a nationally recognized testing laboratory shall be installed. As an alternative to self-contained smoke detectors, under certain limited conditions an approved fire detection system or a combination thereof may be installed. Each and every alternative system must be individually approved in written form by the Chief of the Volunteer Fire Department.
(B) Smoke detectors in new residential dwellings shall be wired directly (hard wired) to the building's power supply. In existing buildings, it is preferred that smoke detectors be wired directly to the power supply, however, the detectors may be powered by a self-monitored battery or operated by an electrical plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.
(C) Smoke detectors shall be placed in accordance with applicable National Fire Protection Act (N.F.P.A.) standards. Detectors may be ceiling or wall mounted, provided, that is the wall mounted they shall be within 12 inches, but not closer than six inches, of the ceiling.
(D) At least one smoke detector shall be installed to protect each sleeping area. A "SLEEPING AREA" is defined as the area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the purpose of this section. In a dwelling unit which contains a well-defined sleeping room separated from the other activity areas of the same unit, the detector shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area.
(E) In a rooming unit, the detector shall be centrally located on the ceiling.
(F) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas, so that smoke detectors will adequately service all sleeping areas.
(G) At least one detector shall be installed in or near each stairway leading up to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and the detector intercepts rising smoke before it reaches the occupied area. Penalty, see § 134.99
§ 134.04 PROVIDING, INSTALLING, AND MAINTAINING SMOKE DETECTORS.
(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required smoke detectors and for providing maintenance and testing in an owner-occupied residence; or for providing the manufacturer's maintenance and testing instructions to a tenant in the case of rental property.
(B) The owner of a dwelling shall be responsible for maintenance and testing of detectors, in accordance with manufacturer's instructions, which are located in common areas or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, or rooming or tourist homes).
(C) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer's instructions, which are within the exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner when a detector becomes inoperable, whereafter the owner has ten days in which to repair or replace the detector in operable condition. In the battery operated type of detectors, battery replacement shall be the responsibility of the tenant.
(D) At every change of tenancy, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease, or sublease of the unit, it shall be the duty of the grantor thereof (the seller, lessor, or sublessor, as the case may be) to provide, before occupancy, to the new occupant that all smoke detectors as required by this section or other applicable laws are installed and in proper working condition. Failure to comply with this division shall be punishable as set forth herein, provided however, that this division shall not be construed to violate or render void any contract, lease, or sublease subject hereto.
(F) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification. Penalty, see § 134.99
§ 134.05 ENFORCEMENT.
The Chief of the Volunteer Fire Department shall be primarily responsible for the enforcement of this chapter.
§ 134.99 PENALTY.
(A) The penalty for noncompliance with this chapter is a fine of not less than $100 nor more than $500 for each violation. If violations exist in a dwelling or rooming unit as specified in § 134.01, each unit shall be deemed and considered a separate violation.
(B) The penalty for noncompliance with this chapter is automatically waived if the dwelling or dwelling unit is brought into compliance with this chapter within 30 days of the original violation. The property owner must request an inspection from the city to verify compliance and have the waiver provision applied.
CHAPTER 135: PAVING OFF STREET PARKING
135.01 Paving Required
135.02 Minimum Spaces Required
§ 135.01 PAVING REQUIRED
All off-street parking for multi-residential apartment buildings or condominiums of three (3) or more units shall be improved with impervious material acceptable to the city in order to provide a durable and properly drained surface. The surface shall be paved according to the Construction Specifications for Streets in the Subdivision Regulations- Henry County, Kentucky. Loading and other service areas shall be maintained by the property owner in good condition without holes and free of all dust, trash, and other debris.
§ 135.02 MINIMUM SPACES REQUIRED
There shall be provided one and one-half (1 ½) parking spaces for each one (1) bedroom unit; two (2) parking spaces for each two (2) bedroom unit; two and one-half (2 ½) parking spaces for each unit with three (3) or more bedrooms.
§ 135.03 DRAINAGE
All impervious surfaces required by this ordinance shall be applied in coordination with the provisions of Chapter 54 of the New Castle Code of Ordinances (Surface Water Drainage) and Section 460(B) of the Subdivision Regulations- Henry County, Kentucky (storm water Drainage System).
§ 135.99 PENALTIES
Any person who violates any provision of this chapter for which another penalty is not specified shall be fined not more than $100 for each offense. Each day of continued violation shall constitute a separate offense.
CHAPTER 138: PROCEDURES AND MAINTENANCE FOR SIGNATURE ENTRANCE LIGHTING STSTEMS WITHIN THE CITY
138.02 Application and compliance
§ 138.01 Definitions:
As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
“COMMERCIAL SUBDIVISION.” A division of property into two or more parcels or tracts for commercial activity.
“SIGNATURE ENTRANCE LIGHTING SYSTEM.” A lighting system consisting of light fixtures and other supporting structures which are not standard street lighting fixtures, typically placed at the entrance of a commercial or residential subdivision.
“MAINTAIN.” The act of preserving or retaining a structure or entity in the original condition or form; to keep or repair.
“RESIDENTIAL SUBDIVISION.” A Division of property into two or more parcels or tracts for residential activity.
§ 138.02 APPLICATION AND COMPLIANCE.
(A) This chapter shall apply to any residential or commercial developer, owner or association of owners of real property, who undertake construction of a signature entrance lighting system either by a requirement or other laws and regulations or by choice of the developer or owner association of owners.
(B) Residential and commercial subdivisions which contain signature entrance lighting must comply with the regulations and procedures set forth herein to be accepted by the city for payment of electric service by the city. Public improvements referenced above whether or not installed according to these regulations and procedures will be the responsibility of the developer/owner or other entity or organization and will not be the responsibility of the city to maintain.
(C) All system designs shall be approved by the Kentucky Utilities Company or Shelby Energy Cooperative, Inc.
(D) The construction and installation of any system shall be inspected and approved by Kentucky Utilities or Shelby Energy Cooperative
(E) All costs including those incurred by Kentucky Utilities Company or Shelby Energy Cooperative, Inc. for the system will be paid by the developer/owner.
(F) Kentucky Utilities Company or Shelby Energy Cooperative, Inc. may change the equipment and procedures when needed. The city shall be notified of such a request for a change and shall approve said request.
CHAPTER 140: THE NEW CASTLE HISTORIC PRESERVATION BOARD AND AUTHORIZING THE DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS AND THE REGULATION OF CHANGES TO PROPERTY IN HISTORIC DISTRICTS AND LANDMARKS.
140.01 Purpose and declaration of public policy
140.03 Preservation board
140.04 Powers and duties of the board
140.05 Designation of preservation districts and landmarks
140.06 Approval of the changes to landmarks, landmark sites, and property
in preservation districts
140.07 Maintenance and repair of the landmarks, landmark sites and property in
140.09 Nominations to the national register of historic places
140.12 Effective date
§ 140.01 PURPOSE AND DECLARATION OF PUBLIC POLICY.
(A) The City Commission finds that there is concern about the future of the central business district and other neighborhoods and areas of the City of New Castle and that the City has begun a Main Street Program in cooperation with the State government to help the central business district.
(B) The City Commission finds that many buildings having historic, architectural, aesthetic, or cultural interest and value have been neglected, altered, or destroyed, notwithstanding the feasibility and desirability of preserving and continuing the use of such buildings and without adequate consideration of the irreplaceable loss to the people of the city.
(C) The City Commission finds that the central business district and other neighborhoods and areas of the City have been damaged and have deteriorated or are threatened because of new construction, demolitions, alterations, and relocations that have harmed or will harm the historic and architectural character of the central
business district and these neighborhoods and areas notwithstanding the feasibility and desirability of preserving and improving these neighborhoods and areas through appropriate actions.
(D) The City Commission finds that the historic character of the central business district is of vital importance in maintaining the economy of the city.
(E) The City Commission finds that New Castle has played an important role in the development of Kentucky and that this growth is shown today through buildings representing the activity as a governmental, agricultural and commercial center. The City Commission finds that the city has buildings, historic sites, and areas that represent the persons who live and work or have lived and worked in New Castle during its history. It is the finding of the City Commission that the distinctive and significant character of this city can only be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its landmarks and historic districts which are civic and community assets.
(F) The City Commission finds that the Federal and Kentucky governments have passed laws to protect and preserve landmarks and historic districts, to allow cities to create overlay districts, that some of these laws provide incentives for historic preservation and that the National Historic Preservation Act was amended in 1980 to create a Certified Local Government program establishing a new federal-state-local partnership to encourage the efforts by cities to protect and preserve their landmarks and historic districts.
(G) The City Commission finds that this ordinance benefits all the residents of New Castle and all the owners of property therein.
(H) The City Commission declares as a matter of public policy that the preservation, protection, perpetuation, and use of landmarks and historic districts is a public necessity because they have a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of this City, state and nation. The Board declares as a matter of public policy that this ordinance is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people.
(I) The purpose of the Ordinance is to effect the goals as set forth in the above findings and declarations of the public policy and specifically, but not exclusively, to:
(1) Effect and accomplish the preservation, protection, perpetuation, and use of historic districts, landmarks, and landmark sites having a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value to the City, state, and nation;
(2) Promote the educational, culture, economic, and general welfare of the people and safeguard the City’s history and heritage as embodied and reflected in such landmarks, sites, and districts;
(3) Stabilize and improve property values in such districts and in the City as a whole;
(4) Foster civic pride in the value of notable accomplishments of the past; strengthen the economy of the City;
(5) Protect and enhance the City’s attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry; and
(6) Enhance the visual and aesthetic character, diversity, and interest of
(7) Supplement the provisions of existing ordinances of the City relating
to property nuisances and unsafe housing, but not to conflict with or supercede those ordinances.
§ 140.02 DEFINITIONS
As used in this ordinance, the following terms shall mean:
(A) Alteration: Any construction, replacement or remodeling on a building or structure which changes the exterior structural parts, the location of exterior openings or the exterior appearance of the building structure. An alteration may include proposed sign or changes to an existing sign, the painting of any building, the
installation of a fence visible to the public, or the cutting down of a tree that is visible to the public.
(B) Alteration of Distinctive Architectural Features: The physical characteristics of a building or structure which contribute to its status as a landmark.
(C) Board: The New Castle Preservation Board.
(D) Building: Any structure designed or constructed for residential, commercial, industrial, agricultural or other use.
(E) Certificate of Appropriateness: The permit, issued by the Board, which gives its approval for work or demolition to be done in a preservation district or on a landmark.
(F) Certified Local Government: A government meeting the requirements of the National Historic Preservation Amendments Act of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
(G) City Commission: The New Castle Commission.
(H) Demolition: Any act that destroys in whole or in part a landmark or a building or structure in a preservation district or on a landmark site.
(I) Demolition by Neglect: Neglect in maintenance, repairing or securing a building or the loss of the structural integrity of a building.
(J) Designed property: A landmark or building or structure in a preservation district. Designated property shall include all lots within a preservation district and the entire lot containing a landmark.
(K) Preservation District: An area within the City of New Castle meeting one or more of the criteria contained in § 140.05 (E) of this ordinance and designated by the City Commission as a Preservation District.
(L) Landmark: A building, structure, or site within the City of New Castle eligible for nomination to the National Register of Historic Places and, with the consent of the owner, designated by the City Commission as a landmark(Ord. #05-07; 10/12/05)
(M) Landmark Site: The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises, or the setting for a landmark.
(N) Major Structural Change: Structural alterations and structural repairs made within any twelve (12) month period costing in excess of fifty percent (50%) of the physical value of the structure, as determined by comparison of the extent/value of the alterations involved and the replacement value of the structure at the time the plans for the alteration are approved, using the Building Officials Conference of America (BOCA) chart for construction cost.
(O) New Construction: The act of adding to an existing building or structure or constructing a new building or structure.
(P) Ordinary Maintenance and Repairs: Any work, the purpose of which is to correct deterioration or to prevent the deterioration of a landmark or building or structure in a preservation district. Such work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance and shall involve the use of the same building materials or available materials that are as close as possible to the original. Work that changes the external appearance of a property shall be considered an alteration for purposes of this ordinance.
(Q) Structure: Anything constructed or erected, the use of the ground, including (but not limiting the generality of the foregoing) barns, smokestacks, advertising signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, radio and television antenna, solar collectors, microwave antenna, including the supporting towers, roads, ruins or remnants (including foundations), swimming pools or walkways. (Ord. # 03-07; 6/2/03)
§ 140.03 PRESERVATION BOARD
(A) There is hereby established the New Castle Preservation Board. The Board shall consist of five members appointed by the Mayor and approved by the City Commission. The Mayor shall seek to appoint members who shall have demonstrated interest in historic preservation, or have training or experience in a preservation related profession, architecture, history, archaeology, architectural history, planning, or a related field. Two members of the Board shall own property within the City. When the Board reviews an issue that may normally be evaluated by a professional,
and that professional field is not represented on the Board, the Board may seek expert advice before rendering its decision. Members of the Board shall serve without compensation, but they shall be reimbursed for expenses incurred in the performance of their duties in accordance with the rules adopted by the Board.
(B) The terms of office of the members shall be three years, except the terms of two members of the original board shall expire after two years and the terms of two members of the original board shall expire after one year. Each member shall serve until the appointment and qualification of his successor. When a vacancy occurs during a term of office, it shall be filled within 60 days, and the person selected shall be appointed for the unexpired portion of the term.
(C) The Board shall each year elect members to serve as Chairman and Vice Chairman. A member of the Board designated by the Board shall prepare the minutes of its meetings which shall be held monthly unless there is no business to be transacted. Nothing herein shall preclude special meetings of the Board to be called by the Chairman as necessary. The board shall adopt rules for conducting its meetings.
(D) The Board shall be subject to the open meetings and open records law (KRS 61.800, et. Seq. and 61.870, et. Seq.) of the commonwealth.
(E) A simple majority of the Board shall be required for any action of the Board.
(F) No member of the Board shall vote on any matter that may affect the property, income, or business interest of that member or his or her immediate family.
(G) The Board, in addition to any appropriations made by the City of New Castle, shall have the right to receive, hold, and spend funds which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out the provisions of this ordinance.
§ 140.04 POWERS AND DUTIES OF THE BOARD
(A) In addition to the powers and duties stated elsewhere, the Board shall take action necessary and appropriate to accomplish the purpose of this ordinance. The Board shall, with the assistance of the City, survey and inventory properties for the purposes of preparing a plan for their preservation, recommending the designation of preservation districts and the individual landmarks, regulating changes to designated
property including that property to which proposed alterations are visible to the public, demolitions, relocations, and new construction, adopting guidelines for exterior changes to designated property, and for undertaking new construction on designated property, working with and advising the federal, state, and county governments and other agencies of city government, and advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation. In addition, these actions may include initiating plans for the preservation and rehabilitation of individual buildings and undertaking educational programs including the preparation of publications and the placing of historic markers.
(B) In making its survey of buildings and areas, the Board shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Board shall provide that its survey and preservation plan shall be maintained and continued. The Board shall use the preservation plan to assist the City in its overall planning efforts.
§ 140.05 DESIGNATION OF PRESERVATION DISTRICTS AND LANDMARKS
(A) The Board shall recommend to the City Commission the designation of individual landmarks and preservation districts, and the City Commission may establish these landmarks and districts by ordinance enacted in accordance with
KRS 82.650, et seq.
(B) Consideration for designation as a preservation district or landmark may be initiated by the Board or by the filing of an application for designation by a property owner, a resident of New Castle or any organization in New Castle. A person or an organization proposing a designation shall provide the Board with the names and addresses of the owners of the affected property or properties and the owners of all adjoining property.
(C) The Board shall gather and compile information about an area or property to be considered for designation as a preservation district or landmark and shall schedule a public hearing on the proposed designation. Notice of that public hearing shall be provided by advertisement in the newspaper with the largest circulation in the county.
(D) Prior to its first public hearing on a designation the Board shall adopt general guidelines that will apply to New Castle’s landmarks and preservation districts and
will assist owners in the preservation and rehabilitation of their property. The general guidelines shall include the Secretary of the Interior’s standards for Rehabilitation Guidelines for Rehabilitation Historic Buildings and other guidelines that will apply to all designated property in the City. Before each public hearing on a designation the Board may adopt additional guidelines that will supplement the general guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the preservation district. The guidelines shall suggest changes that would be appropriate for landmarks or for property in preservation districts. After a designation the Board may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes in accordance with this ordinance.
(E) A landmark or preservation district shall qualify for designation when it meets one or more of the following criteria which shall be set out in the Board report making its recommendations to the City Commission:
(1) Its value as a reminder of the cultural or archaeological heritage of the
City, state or nation;
(2) Its location as a site of a significant local, state, or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the City, state, or nation;
(4) Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the City, state, or nation;
(5) Its value as a building that is recognized for the quality of its architecture
and that retains sufficient elements showing its architecture significance;
(6) Its distinguishing characteristics of an architectural style valuable for the
study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant
concentration or continuity of sites, buildings, objects, or structures united
by past events or aesthetically by plan or physical development; or
(8) Its character as an established and geographically definable neighborhood,
united by culture, architectural style, or physical plan and development.
(F) After evaluating the testimony at public hearing, survey information, and other material it has assembled, the Board shall make its recommendation to the City Commission with a written report on the property or area under consideration for designations as landmarks or as a preservation district.
(G) The Board shall then deliver its proposed designation t the Henry County Planning & Zoning Commission which shall be asked to review the proposed designation for any nonconformance between the proposed designation and the Comprehensive Plan, the Henry County Zoning Ordinance and Subdivision Regulations. In the event of any apparent non-conformance, the Planning & Zoning Commission shall be requested to provide recommendations to the Board for their elimination. If none is apparent, the Planning & Zoning Commission shall be requested to prepare the proposed district boundary or landmark site as an overlay to the zoning map. Properties in a preservation district or landmark site shall be subject to the Henry County Zoning Ordinance and Subdivision Regulations and other rules of its underlying zoning district. Upon establishment of an overlay district, all rehabilitation, maintenance and development within the overlay district shall conform to all zoning regulations applicable to the district as well as the regulations of the Board. Where there is a conflict between the County Zoning Ordinance or Subdivision Regulations and the Regulations of the Board, the higher standard shall control.
(H) The City Commission shall approve, modify, or disapprove of the proposed designation within sixty (60) days after receiving the recommendation of the Board. Prior to the adoption of a ordinance establishing a preservation district or landmark, the City Commission shall hold a public hearing and notice of that hearing shall be provided pursuant to Chapter 424 of the Kentucky Revised Statutes and shall be given not less than seven (7) days nor more than twenty-one (21) days before said hearing. At least fifteen (15) days prior to the public hearing written notice shall be given by first class mail to the owners of the property under consideration. Records of the county property valuation administrator may be relied upon to determine the identities and addresses of the property owners. (Ord. # 02-15; 1/15/03)
(I) The City Commission shall notify each property owner of the designation relating to his or her property and shall arrange that the designation of a property as a landmark or as a part of a preservation district be recorded in the office of the County
Clerk. The Board shall request that fees be waived for the City documents recording the designations.
(J) An amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(K) An overlay district (pursuant to KRS 82.605 et seq.) is hereby established consisting of that area as described in the map which is attached hereto and incorporated by reference herein as if fully set out.
(Ord. # 03-09; 7/23/03) (Ord.#05-07; 10/12/05)
(L) That the standards, guidelines and criteria that shall govern changes to properties within the district and to individual landmarks shall be the “New Castle Preservation District Design Guidelines” dated May 12,2003, consisting of seventeen (17) pages and which is attached hereto and incorporated by reference herein as if fully set out. (Ord. #03-09; 7-23-03)
§ 140.06 APPROVAL OF CHANGES TO LANDMARKS. LANDMARK SITES, ANF PROPERTY IN PRESERVATION DISTRICTS
Procedure For Obtaining Certificate
(A) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actins affecting property in a preservation district:
(2) New construction;
(3) Demolition; or
(B) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actions affecting a landmark or a landmark site.
(1) Alteration of Distinctive Architectural Features.
(C) The City shall forward to the Board every applicant for a permit that would authorize an exterior alteration visible to the public, new construction, demolition, or relocation affecting property in a preservation district or that would authorize an
alteration of distinctive architectural features or a demolition affecting a landmark or a landmark site. The City shall give the applicant a form from the Board requesting additional information from the applicant. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used.
(D) The Board shall hold a public hearing on each Certificate of Appropriateness within thirty (30) days after a completed application is received by the Board. The Board shall make a decision on the application within forty-five (45) days after the receipt of a completed application, provided that the Board may extend the time for decision an additional sixty (60) days when the application is for demolition or new construction. The Board shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and its guidelines. The Board may suggest modifications to an application and may then approve a Certificate of Appropriateness providing for revisions in the plans submitted. If the Board fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Board’s decision. Advertised notice of the hearing shall be given, including conspicuous posting on the property.
(E) In making a decision on an applicant, the Board shall use the general guidelines and the guidelines it has adopted for that landmark or preservation district. The Board shall consider: (1) the effect of the proposed work on the landmark or the property upon which such work and other structures on the landmark site or other property in the preservation district and (2) the relationship between such work and other adjacent or nearby buildings and property. In evaluating the effect and the relationship, the Board shall consider historical and architectural significance, architectural style, design, arrangement, texture, materials, and color. The certificate from the Board shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(F) In making a decision on an application, the Board shall be aware of the importance of finding a way to meet the current needs of the applicant. In the event that compliance with the guidelines creates an undue economic hardship on an applicant, the Board may grand an exemption to the applicant. The Board shall adopt procedures for applicants who wish to seek an undue economic hardship exemption.
(G) Any person aggrieved by action taken by the Board shall first appeal that action in writing to the City Commission within thirty (30) days thereof. The decision of the City Commission on the appeal shall be in writing and may be appealed to the Henry Circuit Court. Any appeal from the decision of the City Commission shall be taken within thirty (30) days of the date of the decision of the City Commission.
(H) Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided this work on property in a preservation district does not change its exterior appearance that is visible to the public or, if a landmark, does not constitute the alteration of a distinctive architectural feature.
(I) All work performed pursuant to a Certificate of Appropriateness shall conform to the provisions of such Certificate. The City or its agents may inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with such Certificate or without the appropriate Certificate of Appropriateness, the Police Chief or the City Clerk shall issue a Stop Work Order and any law enforcement officer may cite violators in District Court. All work shall cease on the designated property. No additional work shall be undertaken as long as such Stop Work Order shall continue in effect. The City may apply in Circuit Court for an injunction to enforce its Stop Work Order.
(J) When a person wishes to undertake an alteration affecting property in a preservation district, that person shall apply directly to the Board for a Certificate of Appropriateness. The Board may also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Board for its comments. The Board shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Board.
(K) When an applicant wishes to demolish a landmark, a building or a structure on a landmark site, or a building or structure in a preservation district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public hearing, the Board may decide that a building or
structure in a preservation district or on a landmark site may be demolished because it does not contribute to the preservation district or to the landmark. On all other demolition applicants, the Board shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the preservation district can be put to reasonable beneficial use without the approval of the demolition applicant. In the case of an income-producing building, the Board shall also determine whether the applicant can obtain a reasonable return from this existing building. The Board may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in Section 140.06 (D). If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition applicant unless the Board finds grounds to grant the demolition applicant under the points contained in Section 140.06(D).
(L) When the applicant wishes to move a building or structure in a preservation district, or wishes to move a building or structure to a landmark site or to a property in a preservation district, the Board shall consider:
(1) The contribution the building or structure makes to its present setting;
(2) Whether there are definite plans for the site to be vacated;
(3) Whether the building or structure can be moved without significant damage to its physical integrity; and
(4) The compatibility of the building or structure to its proposed site and adjacent properties.
These considerations shall be in addition to the points contained in Section 140.06(D).
(M) In reviewing applications involving signs, the Board shall use guidelines it has prepared that have been approved by the City Commission. Owners and tenants shall apply to the Board before their signs are made.
(N) An owner shall immediately notify the City of emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a preservation district, and the owner shall promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(O) In any case where the City determines that there are emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a preservation district, it may order the remedying of these conditions without the approval of the Board. The City shall promptly notify the Chairman of the Board of the action being taken.
§ 140.07 MAINTENANCE AND REPAIR OF THE LANDMARKS, LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
(A) Every person who owns or is in charge of a landmark, a landmark site, or a property in a preservation district shall keep in good repair: (1) all of the exterior portions of such buildings or structures; and (2) all interior portions thereof which, if not so maintained, may cause such buildings or structure to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his building by neglecting it and permitting damage to the building by weather or vandalism. No provision in this subsection shall be interpreted to require an owner or tenant to undertake an alteration or to restore his building to its original appearance.
(B) (1) All buildings within a preservation district or within a landmark site easily
visible from a street with deteriorated, peeling or blistered or dirty and faded
painted surfaces shall be painted on or before October 31, 2005. All such
buildings which have unpainted brick or stone surfaces which are covered
with soot or dirt shall be cleaned by proper cleaning methods on or before
October 31, 2005. (Ord. 02-15; 1/15/03; and Ord. # 04-08; 12/16/04)
(2) All buildings within a preservation district or a landmark site requiring
painting shall be painted at least every five (5) years unless the existing paint
is in a state of good repair and condition. All such buildings not requiring
painting, (i.e. non-painted brick and stone buildings) shall be cleaned at least
once every ten (10) years unless the existing masonry surfaces are clean and
in a state of good repair and condition.
(3) All structural and decorative elements of building fronts and other portions of
buildings within a preservation district or landmark site easily visible from a
street, and regulated by the design guidelines adopted by the city which are in
a state of deterioration or disrepair shall be repaired or replaced in a workman-
like manner to match as closely as possible the original material and
construction techniques on or before October 31, 2005.
(Ord. 02-15; 1/15/03)(Ord. #04-08; 12/16/04)
(4) Windows on the fronts of buildings within a preservation district or landmark
site or easily visible from a street and regulated by the design guidelines
adopted by the city shall not be boarded up except during construction or
during a period of repair or periodic maintenance. If it is necessary to close an
opening with brick, the brick used for closing must match as closely as
possible the existing brick, unless the building is to be painted. All such
boarding shall be removed on or before October 31, 2005.
(Ord. # 04-08; 12/16/04)
(C) The Board shall request a meeting with a property owner when his landmark or his building in a preservation district is in poor repair, and the Board shall discuss with the owner ways to improve the condition of his property. After this step the Board may request the City to take action to require correction of defects in any building or structure designated under this Ordinance so that such building or structure shall be preserved in accordance with the purposes of this Ordinance. The action taken by the City may include securing the doors, windows, and other parts of the building and additional steps to stabilize walls, roofs, and other parts of a building. (Ord. # 02-15; 1/15/03)
(D) The board shall request a meeting with the owner of each vacant lot in a preservation district, and the Board shall discuss with each owner ways to maintain the vacant lot so that it will contribute to the preservation of the preservation district. The Board may prepare plans to improve the appearance of a vacant lot in the preservation district.
(E) The provisions of this section shall be in addition to all other provision of the Kentucky Building Code requiring buildings and structures to be kept in good repair.
§ 140.08 PENALITIES
(A) Any person violating § 140.06 (K) shall be subject to one or more of the following penalties:
(1) The forfeiture to the City of the real estate upon which the demolished
building or structure was located;
(2) The denial of a building permit for new construction upon the subject
Real estate for a period of up to five (5) years, or
(3) A fine not to exceed the cost of reconstructing the demolished building or
(B) Upon a finding by and recommendation of the Board that a building or structure within the preservation district or on a landmark site is threatened with demolition by neglect (§ 140.07 (A)), the Commission may require the owner of the property t repair all conditions contributing to the demolition by neglect. If such repairs are not made within a reasonable time, the City may make such repairs as are necessary to correct the demolition by neglect in accordance with the city’s nuisance abatement procedure.
(C) Any person violating any other provisions of this chapter shall be fined not less than twenty-five ($25) dollars, nor more than fifty ($50) dollars for each offense. Each day’s violation shall constitute a separate offense.
§ 140.09 NOMIINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES
(A) To participate in Certifies Local Government program, the City shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Board to submit recommendations an each proposed nomination to the National Register. The mayor and the Board shall obtain comments from the public that shall be included in their National Register recommendations. Within sixty (60) days of the receipt of a nomination from a private individual or the initiation of a nomination by the City, the City shall inform the Kentucky Heritage Council and the owner of the property of the two recommendations regarding the eligibility of the property. If the mayor and the Board do not agree, both opinions shall be forwarded in the City’s report. If both the Mayor and the Board
recommended that a property not be nominated, the Kentucky Heritage Council shall inform the property owner, the state review board and the State Historic Preservation Officer, and the property will not be nominated unless an appeal is filed with the state Historic Preservation Officer.
(B) If either or both the Mayor and the Board agree that a property should be nominated, the nomination will receive a preliminary review by the Kentucky Historic Preservation Review Board. The Review Board shall make a recommendation to the State Historic Preservation Officer who decides whether to forward the nomination to the U.S. Secretary of the Interior who shall make the decision on listing the property on the National Register. The Mayor, the Board, or the property owner may appeal the final decision by the State Historic Preservation Officer.
(C) In the development of the Certified Local Government program, the City may ask the Board to perform other responsibilities that may be delegated to the City under the National Historic Preservation Act.
No person shall, within four hundred eighty five (485) days one year of the effective date of this ordinance or until the effective date of the first ordinance of the City establishing a preservation district, which ever is sooner, undertake new construction, a major structural change or the demolition of a building or structure within the City without the consent of the City. This prohibition shall not apply to emergency repairs or ordinary maintenance and repairs as defined in this ordinance.
(ORD. # 03-07; 6/2/03)
§ 140.11 SEVERABILITY
If any part of this Ordinance shall be declared void or unconstitutional, the remaining provisions shall continue to have full force and effect.
§ 140.12 EFFECTIVE DATE
This Ordinance shall take effect immediately upon passage by the City of New Castle. (Ord. # 02-03; 3/20/2002)
CHAPTER 141: REGISTRATION OF VACANT RESIDENTIAL PROPERTIES.
§ 141.01 PURPOSE.
It is the purpose and the intent of this ordinance to establish a vacant residential property registration and maintenance program as a mechanism to protect neighborhoods and minimize hazards to persons and property as a result of the vacancy.
§ 141.02 DEFINITIONS.
As used in this ordinance:
(A) “Creditor” means a federal or state chartered bank, savings bank, savings and loan association, or credit union, and any entity acting on behalf of the creditor named I the debt obligation including, but not limited to, servicers; and
(B) “Residential Property” means real property with one (1) to four (4) dwelling units.
(C) “Vacant” means a residential property with no legal resident or tenant. Evidence of vacancy includes any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to overgrown or dead vegetation, accumulation of flyers, mail, or trash, disconnected utilities, the absence of window coverings or furniture, and statements by neighbors, delivery persons, or government employees.
§ 141.03 REGISTRATION.
(A) Prior to filing a complaint of foreclosure or executing a deed in lieu of foreclosure on a residential property located in the City of New Castle, a creditor shall inspect the property to determine whether the property is vacant. If the property is vacant, the creditor shall, on the same day the complaint of foreclosure is filed or the deed in lieu of foreclosure is executed, register the property as a vacant property with City Clerk’s Office of the City of New Castle, Kentucky in which the property is located for the purpose of minimizing hazards to persons and property as a result of the vacancy.
(B) If a residential property becomes vacant at any time after the creditor files a complaint of foreclosure or executes a deed in lieu of foreclosure, but prior to vesting of title in the creditor or a third party, the creditor shall, within ten (10) business days after obtaining knowledge of the vacancy, register the property as a vacant property with the City of New Castle.
§ 141.04 MAINTENANCE.
(A) Registration of a residential property as a vacant property shall include the address of the property and the name and contact information of a person located within the Commonwealth who is authorized to accept service on behalf of the creditor.
(B) If a residential property becomes or remains vacant as provided in Section 3, but prior to vesting of title in the creditor or any third party, and the City determines the property is in violation of any ordinance regulating a nuisance, the City may notify the creditor of the violation by providing notice of the violation be certified mail, return receipt requested, to the person identified in subsection (a) of this section, and may require the creditor to correct the violation to the extent consistent with the terms of mortgage.
(C) A notice of violation shall include a description of the conditions that give rise to the violation with the notice of violation and shall provide a period of not less than twenty (20) days from the creditor’s receipt of the notice for the creditor to remedy the violation.
§ 141.05 ENFORCEMENT.
(A) If the creditor fails to remedy the violation within the stated period, the City may issue a citation and impose penalties against the creditor for violation of any ordinance regulating a nuisance.
(B) Any creditor that fails to register vacant residential property with the City shall be subject to a civil fine of one hundred dollars ($100) payable to the City for each day of delinquency. (Ord. 11-01, 03/07/11)
CHAPTER 145: FLOOD PREVENTION.
§145.01 Flood Prevention Ordinance adopted by reference
The Flood Prevention Ordinance for the City is hereby adopted by reference and made a part of this code.