City of Elizabethtown, Kentucky

Transcription

ELIZABETHTOWN, KENTUCKY
TABLE OF CONTENTS
Chapter
TITLE I: GENERAL PROVISIONS
10.
Rules of Construction; General Penalty
TITLE III: ADMINISTRATION
30.
31.
32.
33.
34.
35.
36.
37.
Mayor-Council Plan
City Officials
City Council
Code of Ethics
Agencies, Boards and Committees
City Policies
Personnel Policies
Police and Fire Departments
TITLE V: PUBLIC UTILITIES
50.
51.
52.
Disconnection Policy
Gas
Water and Sewer
TITLE VII: TRAFFIC CODE
70.
71.
72.
73.
74.
75.
76.
General Provisions
Traffic Rules
Parking Regulations
Bicycles and Motorcycles
Trucks
Traffic Schedules
Solicitation on the Crosswalks, Highways, Intersection or Roadways
TITLE IX: GENERAL REGULATIONS
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
Animals
Streets and Sidewalks
Nuisances
Blasting; Fire Prevention
Littering
Cemeteries
Fair Housing
Noise
Parks and Recreation
Yard Sales
Smoke Detector Installation & Maintenance
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Elizabethtown - Table of Contents
Chapter
TITLE XI: BUSINESS REGULATIONS
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
Occupational Licenses
Peddlers, Itinerant Merchants, and Solicitors
Pawnbrokers
Insurance Companies
Commercial Business Establishments; Restaurants
Detective and Security Agencies
Scrap Dealers
Tourist and Convention Commission
Vehicles for Hire
Cable Television
Sexually Oriented Businesses
Hazardous Materials
Alcoholic Beverage Control – Pine Valley Golf Course
Alcoholic Beverage Control – Restaurants & Dining Facilities
Rescinded
Regulating Smoking in Public Places & Places of Employment
Restaurant Tax
TITLE XIII: GENERAL OFFENSES
130.
131.
132.
133.
Offenses Against Municipal Regulations
Prohibiting the Wearing of Hoods and Masks in Public Places
Regulating the use of Fire and/or Police Alarms
Requirements for Public Display, Sale, Possession, Transportation and Use of
Fireworks and Pyrotechnic Articles
TITLE XV: LAND USAGE
150.
151.
152.
153.
154.
155.
156.
157.
Building Regulations
Flood Damage Prevention
Mobile Homes and Mobile Home Parks
Planning
Property Maintenance Code
Zoning Code
Cellular Tower Application Fee
Erosion Prevention & Sediment Control
PARALLEL REFERENCES
References to Kentucky Revised Statutes
References to 1973 Code
References to Ordinances
INDEX
APPENDIX A - ANNEXATION
APPENDIX B – STREETS
APPENDIX C – SEWER ALLOCATION
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TITLE I: GENERAL PROVISIONS
Chapter
10.
RULES OF CONSTRUCTION; GENERAL PENALTY
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Elizabethtown - General Provisions
CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY
Section
10.01
10.02
10.03
10.04
10.05
10.06
10.07
10.08
10.09
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
Short titles of ordinances
Definitions
Rules of construction
Computation of time
Reserved
Writings and signatures
Severability
Revivor
Rights and liabilities accruing before repeal of ordinance
Construction of section references
Ordinances repealed
Ordinances unaffected
Amendments to code; amendatory language
Reference to offices
Errors and omissions
Historical and statutory references
Adoption of standard codes by reference
10.99
Penalty
§ 10.01 SHORT TITLES OF ORDINANCES.
All ordinances of a permanent and general nature of the city as referenced, revised, codified, rearranged,
renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the
Elizabethtown Code of Ordinances. Code, title, chapter, and section headings do not constitute any part of the law as
contained in the code. (KRS 446.140)
§ 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 or City Council, Boards, or Commissions.
(KRS 446.010 (1))
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))
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CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. When used in this code shall denote the City of
Elizabethtown irrespective of its population or legal classification.
COMPANY and CORPORATIONS. May extend and be applied to any corporation, company, person,
partnership, joint stock company, or association. (KRS 446.010 (7))
COUNCIL. The city legislative body. (KRS 83A.010 (5))
COUNTY. Hardin County, Kentucky.
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 Mayor. (KRS 83A.010 (6))
EXECUTIVE ORDER. An order issued by the Mayor which is binding upon the officers and employees of the
city and any governmental agency over which the city has jurisdiction. (KRS 83A.010 (7))
FEDERAL. 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 Council. (KRS 91A.010 (8))
LEGISLATIVE BODY MEMBER. A City Council member. (KRS 83A.010 (8))
MISDEMEANOR. An offense for which the criminal fine cannot exceed the amount set forth in KRS 534.040
(2)(a), or a term of imprisonment not to exceed the periods set forth in KRS 532.090(1), or both. (KRS 83A.065)
MUNICIPAL ORDER. An official act of the City Council which is binding upon the officers and employees of
the city and any governmental agency over which the city has jurisdiction. (KRS 83A.010 (9))
MUNICIPALITY. The City of Elizabethtown, Kentucky.
OATH. Includes AFFIRMATION in all cases in which an affirmation may be substituted for an oath.
(KRS 446.010 (22))
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OFFICER. Any person elected to a position by the voters or any person appointed to a position which:
(A) Is created by the Constitution, the General Assembly, or a city;
(B) Possesses a delegation of a portion of the sovereign power of government;
(C) Has powers and duties to be discharged which are conferred directly or by implication by the city;
(D) Has duties performed independently and without control of a superior power other than the law;
(E) Has some permanency;
(F) Requires an official oath;
(G) Is assigned by a commission or other written authority; and
(H) Provides for an official bond if required by proper authority.
(KRS 83A.010 (10))
ORDINANCE. An official action of a city legislative body, which is a regulation of a general and permanent
nature and enforceable as a local law or is an appropriation of money. (KRS 83A.010 (11))
PEACE OFFICER. Includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government
correctional officers, marshals, policemen, and other persons with similar authority to make arrests.
(KRS 446.010 (24))
PERSON. May extend and be applied to bodies-politic and corporate, societies, communities, the public
generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability
companies. (KRS 446.010 (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))
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SWORN. Includes AFFIRMED in all cases in which an affirmation may be substituted for an oath.
(KRS 446.010 (32))
STATE. The State of Kentucky.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public
thoroughfares within the city.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a
capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the
heading. Not all chapters have subchapters.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who
actually occupies the whole or any part of 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, city, or district, or otherwise. (KRS 446.010 (34))
VIOLATE. Includes failure to comply with. (KRS 446.010 (35))
VIOLATION. An offense for which the criminal fine cannot exceed the amount set forth in KRS 534.040(2)(c).
(KRS 83A.065)
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 shall 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 Council. (KRS 446.080 (1))
(D) Retroactivity. No ordinance shall be construed to be retroactive, unless expressly so declared. (KRS 446.080
(3))
(E) Technical terms. All words and phrases shall be construed according to the common and approved usage of
language, but technical words and phrases and 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))
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(F) From and after the passage, approval and publication of this section:
(1) The exact wording of all ordinances as appear in this code of ordinances have been edited by the
publisher and many nonessential words and phrases contained in the original signed and attested ordinance do not
appear therein.
(2) For the exact wording of all ordinances, reference is made in the histories and parallel references to the
original ordinance filed and maintained in the City Clerk's office at the city hall.
('73 Code, § 1-1.1) (Ord., passed 6-6-88)
§ 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 none of the days just mentioned.
(C) If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a
month and that day is Sunday, the proceeding shall take place, or the act shall be done, on the next day that is not a
legal holiday.
(KRS 446.030)
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(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 RESERVED.
§ 10.06 WRITINGS AND SIGNATURES.
(A) When this code requires any writing to be signed by a party thereto, it shall not be deemed to be signed unless
the signature is subscribed at the end or close of the writing.
(B) Every writing contemplated by this code shall be in the English language.
(KRS 446.060)
§ 10.07 SEVERABILITY.
If any part of any ordinance be held unconstitutional or unenforceable, the remaining parts shall remain in force,
unless the ordinance provides otherwise.
§ 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 Council.
(B) A repealed ordinance with a delayed effective date is revived by the enactment of a repealer of the ordinance
that repealed it at the same or any subsequent meeting of Council as long as it takes effect prior to the effective date of
the original repealer.
(C) An amended ordinance without a delayed effective date remains unchanged with respect to an amendment
which is repealed at the same meeting of Council which enacted the amendment.
(D) An amended ordinance with a delayed effective date remains unchanged with respect to that amendment if
the ordinance making the amendment is repealed at the same or at a subsequent meeting of Council as long as the
repealing ordinance takes effect prior to the effective date of the original amendment.
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(E) No other action of Council repealing a repealer or an amendment shall have the effect of reviving the original
language of the repealer or amendment as the case may be.
(KRS 446.100)
§ 10.09 RIGHTS AND LIABILITIES ACCRUING BEFORE REPEAL OF ORDINANCE.
No new ordinance shall be construed to repeal a former ordinance as to any offense committed against a former
ordinance, nor as to any act done, or penalty, forfeiture, or punishment incurred, or any right accrued or claim arising
under the former ordinance, or in any way whatever to affect any 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 sections,
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 referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter be
changed or materially altered by the amendment or revision.
§ 10.11 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the
subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be
deemed repealed from and after the effective date of this code of ordinances.
§ 10.12 ORDINANCES UNAFFECTED.
(A) All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated
and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by
necessary implication.
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(B) Same – In Possession of the City Clerk. Nothing in this code or the ordinance adopting this code shall be
deemed to affect the validity of any of the following ordinances, and all such ordinances are hereby recognized as
continuing in full force and effect under their own terms and conditions:
(1) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance
of any bonds of the city or evidence of the city's indebtedness.
(2) Any ordinance authorizing the borrowing of funds on behalf of the city.
(3) Any ordinance authorizing the execution of any contract, deed, lease, or other legal instrument.
(4) Any ordinance authorizing the purchase or sale of property or the expenditure of city funds.
(5) Any appropriation or apportionment or ordinance providing for an annual budget.
(6) Any ordinance authorizing the transfer of city funds.
(7) Any ordinance granting any franchise or other right.
(8) Any ordinance annexing territory to the city or reducing the city limits.
(9) Any zoning or subdivision ordinance.
(10) Any ordinance providing for the appointment or salary of city employees, not in conflict herewith.
(11) Any ordinance opening, closing, accepting, improving, or providing for the grade of any street or other
public way.
(12) Any ordinance establishing for the purpose of promoting public projects.
(13) Any ordinance levying or establishing any tax.
(14) Any ordinance establishing rates, fees and charges for any city utility.
(15) Any ordinance establishing rules and procedures for service by any city utility.
('73 Code, § 1-4)
§ 10.13 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
Council shall adopt a new code of ordinances.
(B) The method of amendment set forth in § 32.37 should be used by the city to amend, add, or repeal a chapter,
section, or division of this code of ordinances.
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§ 10.14 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the city
exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or
change in the official title of the functionary.
§ 10.15 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.
§ 10.16 HISTORICAL AND STATUTORY REFERENCES.
(A) As histories for the code sections, 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
l-1-80; Am. Ord. 25, passed 1-1-85)
(B) If a KRS cite is included in the history, this indicates that the text of the section reads word-for-word the same
as the statute. Example: (KRS 83A.090) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). If a KRS cite is set
forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute
for further information. Example:
§ 31.10 MAYOR.
The executive authority of the city shall be vested in and exercised by the Mayor.
(Ord. 10, passed 1-1-80)
Statutory reference:
For powers and duties of the Mayor, see KRS 83A.130
(C) If a section of this code is derived from the previous code of ordinances of the city published in 1973 and
subsequently amended, the 1973 code section number shall be indicated in the history by “('73 Code, §
).”
§ 10.17 ADOPTION OF STANDARD CODES BY REFERENCE.
The Council may adopt the provisions of any local, statewide, or nationally recognized standard code and
codifications of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source, and
date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the
adopting ordinance and is made a part of the permanent records of the city.
(KRS 83A.060 (5))
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§ 10.99 GENERAL PENALTY.
It shall be unlawful for any person to violate or fail to comply with any prohibited act of this code and when no
specific penalty is provided, the violation of any provision of this code shall be deemed a misdemeanor and shall be
punishable by a fine not to exceed $500; provided that the fine for an offense under this code shall not be less than nor
greater than the fine imposed by any state statute for the same offense. Each day any violation of any provision of this
code shall continue shall constitute a separate offense. Applicable court costs shall be added in every case.
Whenever it is allowed by a subject ordinance, enforcement may be taken through the Code Enforcement Board
per ordinance enacted on the 30th day of April, 2003 by Ordinance #09-2003.
('73 Code, § 1-7) (Ord 13-2003, passed 06-16-2003)
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TITLE III: ADMINISTRATION
Chapter
30.
MAYOR-COUNCIL PLAN
31.
CITY OFFICIALS
32.
CITY COUNCIL
33.
CODE OF ETHICS
34.
AGENCIES, BOARDS AND COMMITTEES
35.
CITY POLICIES
36.
PERSONNEL POLICIES
37.
POLICE AND FIRE DEPARTMENTS
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Elizabethtown - Administration
CHAPTER 30: MAYOR-COUNCIL PLAN
Section
30.01
30.02
30.03
Form of government
Governing officers
Salaries of elected officers
§ 30.01 FORM OF GOVERNMENT.
The form of government provided for this city shall be known as the “Mayor-Council Plan.”
(KRS 83A.130 (1))
§ 30.02 GOVERNING OFFICERS.
(A) The city shall be governed by an elected executive who shall be called Mayor and by an elected legislative
body which shall be called the City Council, and by such other officers and employees as are provided for by statute
or city ordinance. (KRS 83A.130 (2))
(B) The City Council shall be composed of six members. (KRS 83A.030 (1))
§ 30.03 SALARIES OF ELECTED OFFICERS.
(A) Mayor: $42,000 per year base salary effective January 1, 1999
(Ordinance No. 10-1998, passed 05/04/1998)
(B) Council Members: $8,400 per year base salary effective January 1, 1994.
Cross reference:
Compensation established by City Council, see § 31.02
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CHAPTER 31: CITY OFFICIALS
Section
General Provisions
31.01
31.02
Oath; bond
Compensation
Elected Officials
31.20
31.21
31.22
Election procedure
Mayor; the term of office
Council members
Nonelected City Officials
31.35
Establishment of nonelected city offices
GENERAL PROVISIONS
§ 31.01 OATH; BOND.
(A) Oath. Each officer of the city shall, before entering upon the discharge of duties of the 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
, according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present
office of
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) Certification. The person administering the oath of office to an elected official shall certify in writing that
the oath was administered and the date of its administration. Said certification shall be filed in accordance with KRS
62.020.
(C) Bond.
(1) All officers, officials, and employees of cities, counties, urban county governments, charter county
governments, and special districts who handle public funds in the execution of their duties shall give a good and
sufficient bond to the local governing body for the faithful and honest performance of his or her duties and as security
for all money coming into that person's hands or under that person's control. The bond amount shall be based upon
the maximum amount of public funds the officer, official, or employee handles at any given time during a fiscal year
cycle. The local governing body shall pay the cost of the bond.
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(2) Elected officials who post bond as required by statute, and employees of their offices covered by a blanket
or umbrella bond, shall be deemed to have complied with subsection (1) of this section. (KRS 65.057)
§ 31.02 COMPENSATION.
(A) City Council shall establish the compensation of every elected city officer not later than the first Monday in
May in the year in which the officer is elected. An elected officer's compensation shall not be changed after the
election or during the term of office.
(1) An elected officer's compensation shall not be changed after the election or during the term of office
except to equate the compensation of Mayors and Council members with the purchasing power of the dollar. The
Department for Local Government computes by the second Friday in February of every year the annual increase or
decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section
246 of the Constitution of Kentucky.
(2) The City Council shall set the compensation of these officers in accordance with KRS 83A.070 at a
rate no greater than that stipulated by the Department for Local Government.
(B) The City Council shall fix the compensation of each appointed city officer by ordinance and may change it
by ordinance.
(C) The City Council shall establish the compensation of city employees in accordance with the personnel and
pay classification plan 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.
Compensation, see KRS 83A.070 and 83A.075
ELECTED OFFICIALS
§ 31.20 ELECTION PROCEDURE.
(A) The city hereby determines that the nomination and election of candidates for Mayor and City Council shall
be elected on a nonpartisan basis in the general election in November, every four years in the case of the Mayor,
beginning with 1998, and every two years beginning in 1996 for members of City Council. The city hereby elects to
forego conducting a nonpartisan primary election for the nomination of candidates for Mayor and City Council,
regardless of the number of candidates running for the offices.
(B) All candidates for election to the office of Mayor and for Council members for the six seats on the City
Council shall file nomination papers with the County Clerk no earlier than the first Wednesday after the first Monday
in November of the year preceding the year in which the office will appear on the ballot and not later than the second
Tuesday in August before the day fixed by KRS Chapter 118 for holding a regular election for the office. The
nomination papers shall be filed not later than 4:00 p.m. local time, when filed on the last day on which the papers
are permitted to be filed.
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(C) The election of Mayor and Council members shall be governed by Kentucky state law.
Election of city officers, see KRS 83A.050
Creation, abolishment of city offices, see KRS 83A.080(3), (4)
§ 31.21 MAYOR; THE TERM OF OFFICE.
(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular
election. A candidate for Mayor shall be a resident of the city for not less than one year prior to the election. The
term of office begins on the first day of January following the election and shall be for four years and until a
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 the term of office.
(KRS 83A.040 (1))
(C) Vacancy. If a vacancy occurs in the office of Mayor, it shall be filled according to state law.
(D) Powers and duties.
(1) The executive authority of the city is hereby vested in and shall be exercised by the Mayor. The
Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes. The Mayor
shall supervise all departments of city government and the conduct of all city officers and employees under their
jurisdiction and require each department to make reports to the Mayor as required by ordinance or as the Mayor
deems desirable.
(2) The Mayor shall maintain liaison with related units of local government respecting interlocal
contracting and joint activities.
(3) The Mayor shall report to the Council and to the public on the condition and needs of city government
as the Mayor finds appropriate or as required by ordinance, but not less than annually. The Mayor shall make any
recommendations for actions by the Council found in the public interest. (KRS 83A.130(3))
(4) Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure orderly
administration of the functions of city government and compliance with statutes or ordinances. Upon promulgation
or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city
records. (KRS 83A.130(4))
(5) Any delegation of the Mayor's power, duties, or responsibilities to subordinate officers and employees
and any expression of official authority to fulfill executive functions shall be made by executive order. Executive
orders shall be sequentially numbered by years and kept in a permanent file. (KRS 83A.130(7))
(6) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the
Mayor or agent designated by executive order. (KRS 83A.130(8))
(7) The Mayor shall be the appointing authority with power to appoint and remove all city employees,
including police officers, except as tenure and terms of employment are protected by statute, ordinance, or contract
and except for employees of the Council. (KRS 83A.130(9))
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(8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he/she
is unable to attend to the duties of office by delegating responsibility for any function to be performed, in accordance
with division (D)(5) above. However, the Mayor may not delegate the responsibility of presiding at meetings of the
Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to
an elected officer. With approval of the Council, the Mayor may rescind any action taken in the Mayor's absence
under this section within 30 days of such action. If for any reason the disability of the Mayor to attend to the
Mayor's duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the
Council and the provisions of § 31.21(C) shall apply. (KRS 83A.130(10))
(9) The Mayor of Elizabethtown, in addition to the powers otherwise set out by ordinances, state statute or
state constitution shall have the power to take immediate steps wherein he/she deems that an emergency exists; this
includes but is not limited to acts of God, and the threat of immediate damage to persons or property which exists
because of fire, inclement weather, chemicals, bacteria or other causes, or where life or property of citizens of
Elizabethtown is found to be threatened. The Mayor may determine that an emergency exists and/or that a curfew
should be imposed and the same shall be enforced by the Mayor through any and all the city departments. No prior
notice shall be required under this section. However, an announcement should be made as public as possible under
the circumstances as determined by the Mayor. Violators of such declaration of the Mayor shall be deemed an
emergency and all violators or perpetrators who violate any curfew or other order shall be arrested, incarcerated and
punished according to § 31.21 (9) of the Elizabethtown Code of Ordinances, determined by the Mayor.
§ 31.22 COUNCIL MEMBERS.
For provisions concerning City Council, see Chapter 32.
NONELECTED CITY OFFICIALS
§ 31.35 ESTABLISHMENT OF NONELECTED CITY OFFICES.
(A) The following are nonelected city offices:
(1) City Attorney;
(2) City Clerk;
(3) Executive Assistant;
(4) Finance Director;
(5) City Treasurer;
(6) Director of Planning and Development;
(7) Police Chief;
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(8) Fire Chief;
(9) City Engineer;
(10) Natural Gas System Engineer;
(11) Superintendent - Public Works
(12) Recreation Director;
(13) Director of Water/Wastewater Utility.
(14) Director of Stormwater Management. (Ord. 07-2006, passed 03-06-06)
(B) The duties and responsibilities of each city officer shall include, but are not limited to, all requirements of
state statutes, city ordinances, and the officer's job description. Copies of job descriptions are on file at the city
Personnel Office.
(C) Compensation shall be as established by the City Council as set forth in § 31.02.
(D) Each nonelected officer shall take the oath of office as required by state statute.
(E) All nonelected city officers shall be appointed by the Mayor with the approval of City Council.
(F) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or
ordinance.
Nonelected city offices, see KRS 83A.080(1),(2) (Am. Ord. 01-2009, passed 01-20-09)
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CHAPTER 32: CITY COUNCIL
Section
General Provisions
32.01
32.02
32.03
Members; election, qualifications, compensation
Vacancies
Powers and duties
Rules of Procedure
32.20
32.21
32.22
32.23
Mayor as Presiding Officer
Meetings
Quorum
Smoking in Council chamber
GENERAL PROVISIONS
§ 32.01 MEMBERS; ELECTION, QUALIFICATIONS, COMPENSATION.
(A) Election; term of office. Each Council member shall be elected at-large by the voters of the city at a regular
election. A candidate for City Council shall be a resident of the city for not less than one year prior to the election.
Terms of office begin on the first day of January following the election and shall be for two years.
(B) Qualifications. A member shall be at least 21 years of age, shall be a qualified voter in the city, and shall
reside in the city throughout the term of office.
(KRS 83A.040(4))
(C) Compensation. For provisions concerning compensation, see § 31.02.
§ 32.02 VACANCIES.
Vacancies on the Council shall be filled according to KRS 83A.175.
§ 32.03 POWERS AND DUTIES.
(A) The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the
city. The Council may not perform any executive functions except those functions assigned to it by statute. (KRS
83A.130 (11))
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(B) The Council shall establish all appointive offices and the duties and responsibilities of those offices and
codes, rules, and regulations for the public health, safety, and welfare.
(C) The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall
appropriate the funds of the city in a budget which provides for the orderly management of city resources.
(KRS 83A.130 (12))
(D) The Council may investigate all activities of city government. The Council may require any city officer or
employee to prepare and submit to it sworn statements regarding the performance of his/her official duties. Any
statement required by the Council to be submitted or any investigation undertaken by the Council, if any office,
department, or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless
and until written notice of the Council's action is given to the Mayor. The Mayor may review any statement before
submission to the Council and to appear personally or through his/her designee on behalf of any department, office,
or agency in the course of any investigation. (KRS 83A.130 (13))
RULES OF PROCEDURE
§ 32.20 MAYOR AS PRESIDING OFFICER.
(A) Pursuant to KRS Chapter 83A, the duly elected Mayor shall preside at regular and special meetings of the
City Council. Further, in the event of a regular or special meeting of the City Council, and the Mayor is absent, a
presider will be selected on a rotating basis from a list of Council members who want to preside and who are in
attendance at the meeting. That Council member shall not lose his/her vote on action taken by the City Council. ('73
Code, § 2-1.1) (Ord. passed 7-19-82)
(B) The Mayor may participate in Council proceedings, but shall not have a vote, except when casting the
deciding vote in case of a tie. (KRS 83A.130 (5))
§ 32.21 MEETINGS.
(A) (1) Regular meetings of the City Council shall be held for the purpose of the conduct of business of the
City Council and the schedule shall be made available to the public at the City Clerk's office, city hall, upon request.
The meetings shall be held on the first and third Mondays of each month at 4:30 p.m., regular Elizabethtown time.
In addition, work sessions of the City Council shall be held on the second and fourth Monday, at 4:30 p.m., for the
purpose of discussion and consideration of the business of the city.
(2) Except as determined by executive authority, meetings of the City Council shall be held at the Council
meeting room in the city hall, Elizabethtown, Kentucky 42701.
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(3) Whenever any regular Council meeting (Monday meetings) falls on a holiday, the meeting shall be
held automatically on the following day at the same time and at the same place.
('73 Code, § 2-1) (Ord., passed 1-1-52; Am. Ord., passed 10-25-82; Am. Ord. 3-1990, passed 2-5-90; Am. Ord.
31-1991, passed 8-19-91)
(B) Special meetings of the Council may be called by the Mayor or upon written request of a majority of the
Council. In the call, the Mayor or Council shall designate the purpose, time, and place of the special meeting with
sufficient notice for the attendance of Council members and for compliance with KRS Chapter 61.
(C) At a special meeting no business may be considered other than that set forth in the designation of purpose.
(D) The minutes of every meeting shall be signed by the person responsible for maintaining city records as
provided under § 31.36 and by the officer presiding at the meeting.
(KRS 83A.130 (11))
§ 32.22 QUORUM.
Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of
a quorum is sufficient to take action.
(KRS 83A.060 (6))
§ 32.23 SMOKING IN COUNCIL CHAMBER.
The smoking of any and all tobacco and other similar products is prohibited in the City Council chambers in the
city hall.
('73 Code, § 5-6) (Ord., passed 12-18-89) Penalty, see § 10.99
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CHAPTER 33: CODE OF ETHICS
Section
General Provisions
33.01
33.02
33.03
33.04
Title
Declaration
Purpose and authority
Definitions
Standards of Conduct
33.15
33.16
33.17
33.18
33.19
Conflicts of interest
Receipt of gifts
Use of city or county resources
Misuse of confidential information
Honoraria
Financial Disclosure
33.30
33.31
33.32
33.33
33.34
Who must file
When to file; amended statement
Control of financial statements
Requirements; contents
Public viewing
Nepotism
33.40
Prohibited
Enforcement
33.50
33.51
33.52
33.53
33.54
33.55
33.56
County Board of Ethics
Filing and investigation of complaints
Hearings
Appeals
Limitations of actions
Advisory opinions
Reprisals prohibited against persons disclosing violations
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GENERAL PROVISIONS
§ 33.01 TITLE.
This chapter shall be known and may be cited as the "Hardin County Code of Ethics".
(Ord. 28-1994, passed 10-24-94)
§ 33.02 DECLARATION.
The legislative body finds and declares that:
(A) Public office and employment with the city and county are public trusts.
(B) The vitality and stability of the city and county government depends upon the public's confidence in the
integrity of its elected and appointed officers, employees, board or commission members. Whenever the public
perceives a conflict between the private interests and public duties of a city or county officer, employee, board or
commission member, that confidence is imperiled.
(C) The city and county government has a duty to provide its citizens with standards by which they may
determine whether public duties are being faithfully performed, and to make its officers, employees, board or
commission members aware of the standards which the citizenry rightfully expects them to comply with while
conducting their public duties.
(Ord. 28-1994, passed 10-24-94)
§ 33.03 PURPOSE AND AUTHORITY.
(A) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and
financial disclosure requirements for officers, employees, board or commission members of the city and county shall
be clearly established, uniform in their application and enforceable, and to provide the officers, employees, board or
commission members of the city and county with advice and information concerning potential conflicts of interest
which might arise in the conduct of their public duties.
(B) It is the further purpose of this chapter to meet the requirements of KRS 65.230, as enacted by the 1994
Kentucky General Assembly.
(C) This chapter is enacted under the power vested in the city and county by KRS 82.082 and pursuant to
requirements of KRS 65.230
(Ord. 28-1994, passed 10-24-94)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or
requires a different meaning:
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BOARD OF ETHICS. The Hardin County Board of Ethics which is created and vested by this chapter with
responsibility of enforcing the requirements of the city's and county's Code of Ethics.
BUSINESS. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual, holding company, joint stock company, receivership, trust, professional
service corporation, or any legal entity through which business is conducted for profit.
CANDIDATE. Any individual who seeks nomination or election to a city or county office. An individual is a
candidate when the individual files a notification and declaration for nomination for office with the County Clerk or
Secretary of State, or is nominated for office by a political party, or files a declaration of intent to be a write-in
candidate with the County Clerk or Secretary of State.
CITY. The Cities of Elizabethtown, Radcliff, Vine Grove and West Point, Kentucky.
CITY OR COUNTY AGENCY. Any board, commission, authority, non-stock corporation, or other entity
created, either individually or jointly, by the city or county.
COUNTY. Hardin County, Kentucky.
EMPLOYEE. Any person, whether full-time or part-time, and whether paid or unpaid, who is employed by or
provides service to the city or county. The term EMPLOYEE shall not include any contractor or subcontractor or
any of their employees.
IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer's or employee's
household, or a person claimed by the officer or employee or the officer's or employee's spouse as a dependent for
tax purposes.
OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the
following:
(1) The Mayor.
(2) A Legislative Body Member.
(3) County Clerk.
(4) Circuit Court Clerk.
(5) County Attorney.
(6) Jailer.
(7) Coroner.
(8) Surveyor.
(9) Constable.
(10) Sheriff
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(11)County Judge Executive.
(12)Any person who occupies a non-elected office created under KRS § 83A.080.
(13)Property Value Administrator.
(Ord. 28-1994, passed 10-24-94)
STANDARDS OF CONDUCT
§ 33.15 CONFLICTS OF INTEREST.
(A) Every officer and employee of the city and county shall comply with the following standards of conduct:
(1) No officer, employee, board or commission member, nor any immediate family member of any
officer, employee, or board or commission member, shall have an interest in a business or engage in any business,
transaction, or activity, which is in substantial conflict with the proper discharge of the officer's, employee's, board
or commission member's public duties.
(2) No officer, employee, board or commission member shall intentionally use or attempt to use his or her
official position with the city or county to secure unwarranted privileges or advantages for himself or herself or
others.
(3) No city or county government officer, employee, board or commission member shall act in his official
capacity in any matter where he, a member of his immediate family, or a business organization in which he has an
interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his
objectivity or independence of judgment.
(4) No city or county government officer, employee, board or commission member shall undertake any
employment or service, compensated or not, which might reasonably be expected to prejudice his independence of
judgment in the exercise of his official duties.
(5) Every officer, employee, board or commission member who has a prohibited financial interest which
the officer, employee, board or commission member believes or has reason to believe may be affected by his or her
participation, vote, decision or other action taken within the scope of his or her public duties shall disclose the
interest to the governing body of the city or county or city or county agency served by the officer, employee, board
or commission member and the disclosure shall be entered on the official record of the proceedings of the governing
body. The officer, employee, board or commission member shall refrain from taking any action with respect to the
matter that is the subject of the disclosure.
(6) No city or county government officer, employee, board or commission member or member of his
immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing of value based upon an understanding
that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose
of influencing him, directly or indirectly, in the discharge of
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his official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of
an announced candidate for elective public office of government by the Kentucky Revised Statutes.
(7) No city or county government officer, employee, board or commission member shall be prohibited
from giving or receiving an award publicly presented in recognition of public service, or reasonable hosting,
including travel and expenses, entertainment, meals or refreshments furnished in connection with public events,
appearances, ceremonies or fact-finding trips related to official city or county government business, or commercially
reasonable loans made in the ordinary course of a lender's business.
(8) No city or county government officer shall be prohibited from accepting a gratuity for solemnizing a
marriage.
(9) No city or county government officer, employee, board or commission member, or business
organization in which he has an interest shall represent any person or party other than the local government in
connection with any cause, proceeding, application or other matter pending before any agency in the local
government in which he serves.
(10) No city or county government officer shall be deemed in conflict with these provisions if, by reason of
his participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is
subject to executive approval or veto, no material or monetary gain accrues to him as a member of any business,
profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any
other member of such business, profession, occupation or group.
(11) No elected city or county government officer shall be prohibited from making an inquiry for
information or providing assistance on behalf of a constituent, if no fee, reward or other thing of value is promised
to, given to or accepted by the officer or a member of his immediate family, whether directly or indirectly, in return
therefore.
(12) Nothing shall prohibit any city or county government officer, employee, board or commission member
or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings
concerning his or their own interests.
(13) No officer, employee, board or commission member shall be deemed in violation of any provision of
this section if, by reason of the officer's, employee's, board or commission member's participation, vote, decision,
action or inaction, no financial benefit accrues to the officer, employee, board or commission member, a family
member, an outside employer, or a business in which the officer, employee, board or commission member, or any
family member has a financial interest, or any business with which the officer, employee, board or commission
member, or any family member is negotiating or seeking prospective employment, or other business or professional
relationship, as a member of any business, occupation, profession, or other group, to any greater extent than any gain
could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group.
(B) (1) No officer, employee, board or commission member of the city or county, or any city or county
agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made,
entered into, awarded, or granted by the city or county, or a city or county agency, except as follows:
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(a)
The prohibition in division (B)(1) of this section shall not apply to contracts entered into
before an elected officer filed as a candidate for city or county office, before an appointed officer was appointed to a
city or county, or city or county agency office, or before an employee was hired by the city or county, or city or
county agency. However, if any contract entered into by a city or county, or city or county agency officer,
employee, board or commission member, before he or she became a candidate, was appointed to office, or was hired
as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an
employee, then the prohibition in division (B)(1) of this section shall apply to the renewal of the contract.
(b)
The prohibition in division (B)(1) of this section shall not apply if the contract is awarded after
public notice and competitive bidding, unless the officer, employee, board or commission member is authorized to
participate in establishing the contract specifications, awarding the contract, or managing contract performance after
the contract is awarded. If the officer, employee, board or commission member has any of the authorities set forth in
the preceding sentence, then the officer, employee, board or commission member shall have no interest in the
contract, unless the requirements set forth in division (B)(1)(c) below are satisfied.
(c)
The prohibition in division (B)(1) of this section shall not apply in any case where the
following requirements are satisfied:
1. The specific nature of the contract transaction and the nature of the officer's, employee's,
board or commission member's interest in the contract are publicly disclosed at a meeting of the governing body of
the city or county, or city or county agency and refrain from participating in voting.
2. The disclosure is made a part of the official record of the governing body of the city or
county, or city or county agency before the contract is executed.
3. A finding is made by the governing body of the city or county, or city or county agency
that the contract with the officer, employee, board or commission member is in the best interest of the public and the
city or county, or city or county agency because of price, limited supply, or other specific reasons.
4. The finding is made a part of the official record of the governing body of the city or
county or city or county agency before the contract is executed.
(2) Any violation of this section shall result in a civil fine payable to the Commission not to exceed $500.
Additionally, a violation of this section shall be grounds for removal from office or employment with the city or
county in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city or
county.
(Ord. 28-1994, passed 10-24-94)
§ 33.16 RECEIPT OF GIFTS.
No officer, employee, board or commission member of the city or county, or any city or county agency shall
directly or indirectly through any other person or business, solicit or accept any gift having a fair market value of
more than $100, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or
any other form, under circumstances in which it could reasonably be
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inferred that the gift was intended to influence, or could reasonably be expected to influence the officer, employee,
board or commission member in the performance of his or her public duties.
(Ord. 28-1994, passed 10-24-94)
§ 33.17 USE OF CITY OR COUNTY RESOURCES.
No officer, employee, board or commission member of the city or county shall use or permit the use of any city
or county time, funds, personnel, equipment, or other personal or real property for the private use of any person,
unless:
(A) The use is specifically authorized by a stated city or county policy; or
(B) The use is available to the general public, and then only to the extent and upon the terms that the use is
available to the general public.
(Ord. 28-1994, passed 10-24-94)
§ 33.18 MISUSE OF CONFIDENTIAL INFORMATION.
No officer, employee, board or commission member of the city or county or any city or county agency shall
intentionally use or disclose information acquired in the course of his or her official duties, if the primary purpose of
the use or disclosure is to further his or her personal financial interest or that of another person or business.
Information shall be deemed confidential, if it is not subject to disclosure pursuant to the Kentucky Open Records
Act, KRS 61.872 to 61.884, at the time of its use or disclosure.
(Ord. 28-1994, passed 10-24-94)
§ 33.19 HONORARIA.
(A) No officer, employee, board or commission member of the city or county or a city or county agency shall
accept any compensation, honorarium or gift with a fair market value greater than $100 in consideration of an
appearance, speech or article unless the appearance, speech or article is both related to the officer's, employee's,
board or commission member's activities outside of government service and is unrelated to the officer's, employee's,
board or commission member's service with the city or county.
(B) Nothing in this section shall prohibit an officer, employee, board or commission member of the city or
county from receiving and retaining from the city or county or on behalf of the city or county actual and reasonable
out-of-pocket expenses incurred by the officer, employee, board or commission member in connection with an
appearance, speech or article, provided that the officer, employee, board or commission member can show by clear
and convincing evidence that the expenses were incurred or received on behalf of the city or county, or city or county
agency, and primarily for the benefit of the city or county and not primarily for the benefit of the officer, employee,
board or commission member or any other person.
(Ord. 28-1994, passed 10-24-94)
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FINANCIAL DISCLOSURE
§ 33.30 WHO MUST FILE.
The following classes of officers, employees, board or commission members of the city and county or city and
county agencies shall file an annual statement of financial interests with the County Board of Ethics:
(A) Elected city and county officials.
(B) Candidates for elected city and county office.
(Ord. 28-1994, passed 10-24-94)
§ 33.31 WHEN TO FILE; AMENDED STATEMENT.
(A) The initial statement of financial interests required by this section shall be filed with the Board of Ethics, or
the administrative official designated as the custodian of its records by the County Board of Ethics, no later than 4:00
p.m. on the 15th day of April, 1995. All subsequent statements of financial interest shall be filed no later than 4:00
p.m. on the 15th day of April, each year, provided that:
(1) An officer, employee, board or commission member newly-appointed to fill an office or position of
employment with the city or county or city or county agency shall file his or her initial statement no later than 30
days after the date of the appointment.
(2) A candidate for city or county office shall file his or her initial statement no later than 30 days after the
date on which the person becomes a candidate for elected city or county office. A write-in candidate shall file within
24 hours from the date of the filing of his affidavit for write-in candidacy.
(B) The County Board of Ethics may grant a reasonable extension of time for filing a statement of financial
interests for good cause shown.
(C) In the event there is a material change in any information contained in a financial statement that has been
filed with the Board, the officer, employee, board or commission member shall, no later than one year after
becoming aware of material change, file an amended statement with the Board.
(Ord. 28-1994, passed 10-24-94)
§ 33.32 CONTROL OF FINANCIAL STATEMENTS.
(A) The County Board of Ethics shall be the official custodian of the statements of financial interests and shall
have control over the maintenance of the statements of financial interests. The statements of financial interests shall
be maintained by the Board of Ethics as the custodian, as public documents, available for public inspection
immediately upon filing.
(B) A statement of financial interests shall be retained by the Board, or the designated administrative official,
for a period of five years after filing, provided that:
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(1) Upon the expiration of three years after a person ceases to be an officer, employee, board or
commission member of the city or county or city or county agency, the Board shall cause to be destroyed any
statements of financial interests or copies of those statements filed by the person.
(2) Upon the expiration of three years after any election at which a candidate for elected city or county
office was not elected or nominated, the Board shall cause to be destroyed any statements of financial interests or
copies of those statements filed by the person.
(Ord. 28-1994, passed 10-24-94)
§ 33.33 REQUIREMENTS; CONTENTS.
(A) The financial disclosure statement should be filed with the local Ethics Commission by all filers who are
subject to the jurisdiction of the Commission. Failure to do so will result in a civil fine of a maximum of $500
payable to the Commission. (Ord. 07-1999, passed 02-01-99)
(B) Nothing in this section shall be construed to require any officer, employee, board or commission member to
disclose any specific dollar amounts nor the names of individual clients or customers of business listed as sources of
income.
(C) Each statement shall be signed and dated by the individual filing the statement of financial interest. Signing
a fraudulent statement shall be a Class A misdemeanor.
(D) The financial disclosure statement should include the following information:
(1) Name of filer.
(2) Current business address, business telephone number and home address of filer.
(3) Title of filer's public office or office sought.
(4) Occupations of filer and spouse.
(5) Position held by the filer and any member of the filer's immediate family in any business organization
or nonprofit entity from which the filer or any member of the filer's immediate family received compensation in
excess of $10,000 during the preceding calendar year, and the name, address, and telephone number of the business
organization or nonprofit entity.
(6) Name, address and telephone number of each source of income from within the Commonwealth of
Kentucky of both filer and spouse which exceeded $10,000 during the preceding calendar year.
(7) Name, address and telephone number of each business organization located within the Commonwealth
in which the filer or any member of the filer's immediate family had an interest of $10,000 at fair market value or
5% ownership interest or more during the preceding calendar year.
(8) The location and type (commercial, residential, agricultural) of all real property within the county,
other than the filer's primary residence, in which the filer or the filer's spouse had an interest of $10,000 or more
during the preceding calendar year.
1999 S-1
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(9) Offices or directorships held by the officer, candidate, nominee, employee, board or commission
member, or members of his immediate family as of December 31 of the reporting year. Nonprofit, charitable, and
religious organizations shall be excluded from this disclosure.
(Ord. 28-1994, passed 10-24-94)
§ 33.34 PUBLIC VIEWING.
All financial disclosure statements shall be open records. Each individual or organization requesting to view
financial disclosure statements shall complete a form giving full name, address, telephone number and
organization/individual represented if other than the individual making the request. One copy of this form shall be
attached to the statement so requested and shall become a part of the record.
(Ord. 28-1994, passed 10-24-94)
NEPOTISM
§ 33.40 PROHIBITED.
(A) Nepotism is prohibited and the city's and county's personnel policies and procedures shall specifically
define the rules and regulations concerning nepotism.
(B) No officer, employee, board or commission member shall participate in any action relating to the
employment or discipline of a family member, except that this prohibition shall not prevent an elected or appointed
official from voting on or participating in the development of a budget which includes compensation for a family
member, provided that the family member is included only as a member of a class of persons or a group, and the
family member benefits to no greater extent than any other similarly situated member of the class or group.
(C) The prohibitions in this section shall not apply to any relationship or situation that would violate the
prohibition, but which existed prior to January 1, 1995.
(Ord. 28-1994, passed 10-24-94)
ENFORCEMENT
§ 33.50 COUNTY BOARD OF ETHICS.
(A) Establishment. The County Board of Ethics is established having the authorities, duties, and
responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(B) Composition of Board.
(1) Appointment. The County Board of Ethics shall consist of five members who shall be appointed by
the executive authority of the city or county, subject to the approval of the legislative body
1995 S-1
Code of Ethics
24A
(if different from the executive authority). The executive authorities of the Cities of Elizabethtown, Radcliff, Vine
Grove, and West Point, and the Judge Executive of Hardin County shall each appoint one of the five members of the
County Board of Ethics as outlined in this section.
(2) Term. The initial members of the County Board of Ethics shall be appointed within 60 days of the
effective date of this chapter. The members shall serve for a term of three years; except that with respect to the
members initially appointed, one member shall be appointed for a term of one year, two members shall be appointed
for a term of two years, and two members shall be appointed for a term of three years. The length of the initial term
of a member appointed by an executive authority shall be determined by a random draw. Thereafter, all
appointments shall be for a term of three years. The members may be reappointed for any number of consecutive
terms.
(3) Requirements. No member of the County Board of Ethics shall hold any elected or appointed office,
whether paid or unpaid, or any position of employment with the city or county or any city or county agency. Each
member of the County Board of Ethics shall have been a resident of the city or county for at least one year prior to
the date of the appointment and shall reside in the city or county throughout the term in office. The members of the
County Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their
knowledge of local government affairs.
(4) Removal. A member of the County Board of Ethics may be removed by the executive authority
appointing them, subject to the approval of the legislative body (if different from the executive authority) for
misconduct, inability, or willful neglect of duties. Before any member of the Board of Ethics is removed from office
under this section, the member shall be afforded the opportunity for a hearing before the executive authority and the
legislative body (if different from the executive authority).
(5) Vacancies. Vacancies on the County Board of Ethics shall be filled within 60 days by the executive
authority appointing them, subject to the approval of the legislative body (if different from the executive authority).
If a vacancy is not filled by the executive authority within 60 days, the remaining members of the County Board of
Ethics shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(6) Compensation. Members of the County Board of Ethics shall serve without compensation, unless
otherwise approved by the legislative bodies, but shall be reimbursed for all necessary and reasonable expenses
incurred in the performance of their duties, subject to authorization by each legislative body.
(7) Chairperson. The Board of Ethics shall, upon the initial appointment of its members, and annually
thereafter, elect a chairperson from among the membership. The chairperson shall be the presiding officer and a full
voting member of the Board.
(8) Meetings. Meetings of the County Board of Ethics shall be held, as necessary, upon the call of the
chairperson or at the written request of a majority of the members.
(9) Voting. The presence of three or more members shall constitute a quorum and the affirmative vote of
three or more members shall be necessary for any official action to be taken. Any member of the County Board of
Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature
of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of
establishing a quorum.
1995 S-1
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(10) Minutes. Minutes shall be kept for all proceedings of the County Board of Ethics and the vote of each
member on any issue decided by the Board shall be recorded in the minutes.
(C) Facilities. Within the limits of the funds appropriated by the legislative body in the annual budget, the
legislative body shall provide the County Board of Ethics, either directly or by contract or agreement, with the
facilities, materials, supplies, and staff needed for the conduct of its business.
(D) Power and duties. The County Board of Ethics shall have the following power and duties:
(1) To receive and investigate complaints, hold hearings, and make findings of fact and determinations
with regard to alleged violations of the provisions of this chapter.
(2) To issue orders in connection with its investigations and hearings requiring persons to submit in
writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to
be taken by deposition before any individual designated by the Board who has the power to administer oaths.
(3) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the
production of documentary evidence relating to an investigation or hearing being conducted by the Board.
(4) To refer any information concerning violations of this chapter to the executive authority of the city or
county, the city or county legislative body, the governing body of any city or county agency, the City or County
Attorney, or other appropriate person or body, as necessary.
(5) To render advisory opinions to the city or county and city or county agency officers, employees, board
or commission members regarding whether a given set of facts and circumstances would constitute a violation of any
provision of this chapter.
(6) To enforce the provisions of this chapter with regard to all officers, employees, board or commission
members of the city or county and city and county agencies who are subject to its terms by issuing appropriate orders
and imposing penalties authorized by this chapter.
(7) To control and maintain all statements of financial interests that are required to be filed by this chapter
and to insure that the statements are available for public inspection in accordance with the requirements of this
chapter and the Kentucky Open Records Act.
(8) To develop and submit any reports regarding the conduct of its business that may be required by the
executive authority or legislative body of the city or county.
(9) To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of
this chapter, provided that the rules, regulations, and actions are not in conflict with the provisions of this chapter or
any state or federal law.
(Ord. 28-1994, passed 10-24-94)
§ 33.51 FILING AND INVESTIGATION OF COMPLAINTS.
(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of
Ethics, or the administrative official designated by the Board of Ethics. All complaints shall
1995 S-1
Code of Ethics
24C
be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics.
The Board of Ethics shall acknowledge receipt of a complaint to the complainant within ten working days from the
date of receipt. The Board shall forward within ten working days to each officer, employee, board or commission
member of the city or county or city or county agency who is the subject of the complaint, a copy of the complaint,
and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry
concerning the allegations contained in the complaint. The Board shall afford a person who is the subject of the
complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be
represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall
be confidential until a final determination is made by the Board, except:
(1) The Board may turn over to the Commonwealth's Attorney or County Attorney evidence which may
be used in criminal proceedings.
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the
Board may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents, which
were issued to either party.
(D) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its
jurisdiction and, if so, whether it alleges reasonable grounds to believe that a violation of this chapter has occurred.
If the Board concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Board
shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the
complainant and to all officers, employees, board or commission members against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its
jurisdiction and contains allegations sufficient to establish reasonable grounds to believe that a violation has occurred,
the Board shall notify the officer, employee, board or commission member who is the subject of the complaint and
may:
(1) Due to mitigating circumstances, such as lack of significant economic advantage or gain by the officer,
employee, board or commission member; lack of economic loss to the city or county and its taxpayers; or lack of
significant impact on public confidence in city or county government, issue, in writing, a confidential reprimand to
the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the
executive authority and governing body of the city or county or city or county agency.
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Board a false complaint alleging a violation of any provision of
this chapter by an officer, employee, board or commission member of the city or county or any city or county agency
shall be subject to a civil fine not to exceed $500 payable to the Commission.
(Ord. 28-1994, passed 10-24-94)
1995 S-1
24D
§ 33.52 HEARINGS.
(A) Notice of hearings. If the Board of Ethics determines that a hearing regarding allegations contained in the
complaint is necessary, the Board shall issue an order setting the matter for a hearing within 30 days of the date the
order is issued, unless the alleged violator petitions for and the Board consents to a later date. The order setting the
matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing, shall be sent to
the alleged violator within 24 hours of the time the order setting a hearing is issued. The alleged violator shall have
at least ten days prior notice of any hearing.
(B) Hearing procedure.
(1) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to
hearings conducted by the County Board of Ethics; however, the hearings shall be conducted in accordance with this
section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties
the full range of due process rights required by the nature of the proceedings.
(2) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have
a reasonable opportunity to examine all documents and records, intended to be introduced at the hearing, in
connection with the matter to be heard. The Board shall inform the alleged violator, or his or her representative, of
any exculpatory evidence in its possession.
(3) All testimony in a Board hearing shall be taken under oath and administered by the presiding officer.
All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to
submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(4) Any person whose name is mentioned during the hearing and who may be adversely affected thereby
may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention,
or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(5) All hearings of the County Board of Ethics shall be public, unless the members vote to go into
executive session in accordance with KRS 61.810.
(6) After the conclusion of the hearing, the County Board of Ethics shall, as soon as practicable, begin
deliberations in executive session for the purpose of reviewing the evidence before it and making a determination
whether a violation of this chapter has been proven. Within 30 days after completion of the hearing, the Board shall
issue a written report of its findings and conclusions.
(7) If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately
send written notice of this determination to the officer, employee, board or commission member who was the subject
of the complaint and to the party who filed the complaint.
(8) If the Board concludes in its report that in consideration of the evidence produced at the hearing there
is clear and convincing proof of a violation of this chapter, the Board may:
(a)
1995 S-1
Issue an order requiring the violator to cease and desist the violation.
Code of Ethics
24E
(b)
In writing, publicly reprimand the violator for the violations and provide a copy of the
reprimand to the executive authority and governing body (if different than the executive authority) of the city or
county or city or county agency with which the violator serves.
(c)
In writing, recommend to the executive authority and the governing body (if different than the
executive authority) that the violator be sanctioned as recommended by the Board, which may include a
recommendation for discipline or dismissal, or removal from office.
(d)
Issue an order requiring the violator to pay a civil penalty of not more than $1,000.
(e)
Refer evidence of criminal violations of this chapter or state law to the County Attorney or
Commonwealth's Attorney of the jurisdiction for prosecution.
(Ord. 28-1994, passed 10-24-94)
§ 33.53 APPEALS.
Any person who is found guilty of a violation of any provision of this chapter by the County Board of Ethics
may appeal the finding to the circuit court of the county within 30 days after the date of the final action by the
County Board of Ethics by filing a petition with the court against the Board. The Board shall transmit to the clerk of
the court all evidence considered by the Board at the public hearing.
(Ord. 28-1994, passed 10-24-94)
§ 33.54 LIMITATIONS OF ACTIONS.
Except when the period of limitation is otherwise established by state law, an action for a violation of this
chapter must be brought within one year after the person complained about leaves office or employment.
(Ord. 28-1994, passed 10-24-94)
§ 33.55 ADVISORY OPINIONS.
(A) The County Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based
upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by any officer,
employee, board or commission member of the city or county or a city or county agency who is covered by this
chapter.
(B) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions.
The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the
requester.
(C) The Board may adopt regulations, consistent with the Kentucky Open Records Law, to establish criteria
under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents,
except that before an advisory opinion is made public, it shall be modified so that the identity of any person
associated with the opinion shall not be revealed.
1995 S-1
24F
(D) The confidentiality of an advisory opinion may be waived either:
(1) In writing by the person who requested the opinion.
(2) By majority vote of the members of the Board, if a person makes or purports to make public the
substance or any portion of an advisory opinion requested by or on behalf of the person. The Board may vote to
make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding
concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which
would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact
determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be
bound by the opinion.
(F) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal
prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.
(Ord. 28-1994, passed 10-24-94)
§ 33.56 REPRISALS PROHIBITED AGAINST PERSONS DISCLOSING VIOLATIONS.
(A) No officer, employee, board or commission member of the city or county or any city or county agency
shall be subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence in any
manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against
any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Board of Ethics
or any other agency or official of the city, county, or the Commonwealth any facts or information relative to an
actual or suspected violation of this chapter.
(B) This section shall not be construed as:
(1) Prohibiting disciplinary or punitive action if an officer, employee, board or commission member of
the city or county or any city or county agency discloses information which he or she knows:
(a)
To be false or which he or she discloses with reckless disregard for its truth or falsity.
(b)
To be exempt from required disclosure under the provisions of the Kentucky Open Records
Act, KRS 61.870 through 61.884.
(c)
Is confidential under any other provision of law.
(Ord. 28-1994, passed 10-24-94)
1995 S-1
CHAPTER 34: AGENCIES, BOARDS AND COMMITTEES
Section
34.01
General Provisions
Meeting times and terms of office
Airport Board
34.05
34.06
Establishment; nature
Purpose and duties
34.25
34.26
34.27
34.28
34.29
34.30
Code Enforcement Appeals Board
Establishment
Duties
Membership; term
Regular meetings; notification of appeal
Powers; decision making process
Appeal to Hardin District Court; assessment of costs
34.50
34.51
34.52
34.53
34.54
34.55
City Tree Board
Definitions
Establishment of City Tree Board
Term of office
Compensation
Duties and responsibilities
Operation
Cable Communications Authority
34.70
34.71
Establishment
Functions and powers
34.90
34.91
34.92
34.93
34.94
34.95
34.96
34.97
34.98
34.99
34.100
34.101
34.102
34.103
34.104
34.105
Code Enforcement Board
Definitions
Creation and Membership
Administration
Powers
Appointment of Members, terms of office; removal from office; oath; and compensation
Organization of Board; Meetings; Quorum; and Alternate Board Members
Conflict of Interest
Jurisdiction
Powers of the Code Enforcement Board
Enforcement Proceedings
Hearing; Notice; and Final Order
Presentation of Cases
Appeals, Final Judgement
Ordinance Fine Schedule
Liens, Fines, Charges and Fees
Severability
25
2003-S-3
26
GENERAL PROVISIONS
§ 34.01 MEETING TIMES AND TERMS OF OFFICE.
The following boards, commissions and committees are established:
(A) The Elizabethtown Tourism and Convention Bureau (Formerly Elizabethtown Visitors and Information
Commission) shall meet at The Office of the Commission 1030 North Mulberry Street, Elizabethtown, Kentucky at
9:00 a.m. on the first Wednesday of each month. Members shall serve three year terms. (Ord. No. 11-2004)
(B) The Elizabethtown Planning Commission shall meet in the Council Chambers at City Hall, Elizabethtown,
Kentucky on the second and fourth Tuesday of each month at 6:00 p.m. Members shall serve four year terms. (Ord.
No. 28-2005, passed 10-17-05)
(C) The Elizabethtown Code Enforcement Appeals Board shall meet on the third Tuesday of each month at
11:00 a.m. at the Council Chambers in City Hall, Elizabethtown, Kentucky. Members shall serve two year terms.
(D) The Elizabethtown Board of Zoning Adjustment shall meet at 3:30 p.m. on the second and fourth Monday
of each month at the Council Chambers, City Hall, Elizabethtown, Kentucky. Members shall serve four year terms.
(Ord. No. 14-2006, passed 07-17-06)
(E) The Streets Committee will meet on Tuesday or Thursday as needed at 9:00 a.m. at the Council Chambers,
City Hall, Elizabethtown, Kentucky. There is no set term of office; members shall serve until a successor is
appointed by the Mayor. (Ord. No. 04-2000)
(F) The Bids Committee shall meet at 9:00 a.m. each Tuesday or Thursday as needed at the Council Chamber,
City Hall, Elizabethtown, Kentucky. There is no set term of office; members shall serve until a successor is
appointed by the Mayor. (Ord. No. 04-2000)
(G) The Elizabethtown Airport Board shall meet on the second Monday of each month at noon at Addington
Field in the airport office. Members shall serve four year terms. (Ord. No. 04-2000)
(H) The Elizabethtown Parks and Recreation Board shall meet at 7:30 p.m. on the third Thursday of any call
meeting month, at the Pritchard Community Center, Elizabethtown, Kentucky. There is no set term of office;
members shall serve until a successor is appointed by the Mayor. (Ord. No. 04 –2000)
(I) The Housing Authority of Elizabethtown shall meet on the first Thursday of the month of March, June,
September, and December and an annual meeting held on May 19th of each year at 4:00 p.m. at the Housing
Authority Office in the Huddleston House, Public Square, Elizabethtown, Kentucky. Members shall serve four year
terms. (Ord. No. 04-2000)
(J) The Tree Board shall meet on the third Tuesday of January, March, May, July, September and November
at 4:00 p.m. in the Council chambers. Members shall serve three year terms. (Ord. No. 15-1998, passed 09-08-98)
(K) The Cable Authority Board shall meet on the second Tuesday of January, April, July, and October at 5:00
p.m. in the Council chambers. Members shall serve four year terms.
2008-S-1
26A
(L) The Parking Enforcement Hearing Board shall meet on the first Monday of each month as needed at 10:00
a.m. There is no set term of office; members shall serve until a successor is appointed by the Mayor. (Ord. No. 042000)
(M) The Hardin County Board of Ethics shall meet on the third Wednesday of January, Wednesday after April
15th, and as necessary. Members shall serve three year terms.
(Ord. 18, passed 11-16-92) (Ord.14-2006, passed 07-17-06)
(N) The Code Enforcement Board will meet on the third Tuesday of every month at 7:00 p.m. in the Council
Chamber, City Hall, Elizabethtown, Kentucky. Members shall serve for a three year term. (Ord. 9-2003, passed –
04-21-2003; Am. Ord. 27-2003, passed 09-02-2003) (Ord. 14-2006, passed 07-17-06)
Cross reference:
For additional provisions regarding the above boards and commissions, see the following sections:
Tourism and Convention Bureau, see §§ 117.01 – 117.13
Planning Commission, see § 153.02
Code Enforcement Board, see §34.90
Code Enforcement Appeals Board, see §§ 34.25 and 34.26
Board of Zoning Adjustment, see § 155.02
Airport Board, see §§ 34.05 and 34.06
Tree Board, see § 34.52
Cable Authority Board, see § 34.70
Parking regulations (Parking Enforcement Board), see Ch. 72
Board of Ethics, see Ch. 33
2008-S-1
26B
27
AIRPORT BOARD
§ 34.05 ESTABLISHMENT; NATURE.
There is hereby established an airport board to be known as the Elizabethtown Airport Board.
§ 34.06 POWERS AND DUTIES.
(A) The purpose of the board shall be to establish, maintain, operate and expand necessary, desirable or
appropriate airport and air navigation facilities to serve the citizens of the city and surrounding communities. In
furtherance of its purposes, the board shall have all the duties and powers, and be subject to all the limitations, set
forth in KRS Chapter 183 and in other applicable statutes.
(KRS 183.133)
(B) Submission of report on operations and activities. The Airport Board shall each year submit an audit report
in writing to the City Council concerning its operations and activities for the prior 12 month period.
For further provisions, see KRS 183.132
CODE ENFORCEMENT APPEALS BOARD
§ 34.25 ESTABLISHMENT.
There is hereby established the Elizabethtown Code Enforcement Appeals Board.
(Ord. 28-1991, passed 7-15-91)
§ 34.26 DUTIES.
It shall be the duty of the Appeals Board to receive, hear and determine any appeals from any decision of any
official in the enforcement of any and all codes of the city, including, but not limited to, the Property Maintenance
Code, Public Nuisance Ordinance; the Kentucky Building Code, The Kentucky Standards of Safety (the Fire
Prevention Code), and such other codes as are designated by the City Council, and including modification and
updates of the codes and ordinances.
(Ord. 28-1991, passed 7-15-91)
Cross-reference:
Appeals Board is the Board of Appeals for Enforcement of Building Code, see § 150.03
28
§ 34.27 MEMBERSHIP; TERM.
The members of the Appeals Board shall be five in number and shall be appointed by the Mayor, with the
approval of the City Council. Three members shall be appointed for a two-year term and two members for a threeyear term. Thereafter the term shall be for two years for all members.
(Ord. 28-1991, passed 7-15-91)
§ 34.28 REGULAR MEETINGS; NOTIFICATION OF APPEAL.
(A) The Code Enforcement Appeals Board shall elect a Chairperson who shall meet with the other members of
the Board and cause a regular meeting to be held at least annually, but shall be responsive to appeals filed on a
regular basis to expeditiously handle the same.
(B) All appeals shall be perfected by notifying the Code Enforcement Official in writing of the appeal not more
than seven days after the date of the determination appealed from. The Official shall notify, in writing, the
Chairperson of the Appeals Board within 96 hours of receipt of the appeal.
(C) Any party to a decision by the local building official may appeal that decision to the local appeals board.
Upon receipt of an appeal from a qualified party, the local appeals board shall convene a hearing to consider the
appeal within 15 days of receipt. All parties to the appeal shall be notified of the time and place of the hearing by
letter mailed by certified mail no later than ten days prior to the date of the hearing. The local appeals board shall
render a decision within five working days after the hearing.
(Ord. 28-1991, passed 7-15-91; KRS 198B.070(3))
§ 34.29 POWERS; DECISION MAKING PROCESS.
(A) The Appeals Board shall have the power to hear appeals as set out in § 36.28 above and shall have the
power to set up and hold hearings, administer oaths, issue summons, and/or subpoenas, rule on presentation of
evidence and receive the same, set up and consider depositions and other items of evidence. After all evidence has
been heard, the Board will then, by a majority vote, determine either to uphold, amend, or reverse the decision of the
Code Enforcement Official.
(B) The Chairperson of the Appeals Board shall notify the parties of the decision of the Board.
(Ord. 28-1991, passed 7-15-91)
§ 34.30 APPEAL TO HARDIN DISTRICT COURT; ASSESSMENT OF COSTS.
All decisions of the Code Enforcement Appeals Board shall be final, subject to any right of appeal granted by
state law.
(KRS 198B.070(4))
2001 S-4
29
CITY TREE BOARD
PARK TREES. Any trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by
the city.
STREET TREES. Any trees, shrubs, bushes, and all other woody vegetation on public right of ways.
(Ord. 24, passed 12-21-92), ( Ord. 1, passed 1-2-96, amended).
§ 34.51 ESTABLISHMENT OF A CITY TREE BOARD.
There is hereby created and established a City Tree Board for the city of Elizabethtown, Kentucky, which may
consist of five members, citizens and residents of this city, who shall be appointed by the Mayor with the approval of
the City council.
(Ord. 24, passed 12-21-92), ( Ord. 1, passed 1-2-96 amended)
§ 34.52 TERM OF OFFICE.
The terms of the five persons to be appointed by the Mayor shall be three years. In the event that a vacancy shall
occur during the term of any member, his/her successor shall be appointed by the Mayor with the City Council
approval for the unexpired portion of the term.
(Ord. 24, passed 12-21-92), (Ord. 1 - passed 1-2-96 amended)
§ 34.53 COMPENSATION.
Members of the Board shall serve without compensation.
(Ord. 24, passed 12-21-92)
§ 34.54 DUTIES AND RESPONSIBILITIES.
It shall be the responsibility of the Board to work in coooperation with a City Arborist to coordinate the
comprehensive Tree Plan for the City as presented and updated annually. The board when requested by the City
Council shall consider, investigate, make finding, report and recommend upon any special matter of question coming
within the scope of its work.
(Ord. 24, passed 12-21-92), (Ord. 1, passed 1-2-96 amended)
30
§ 34.55 OPERATION.
The board shall choose its own officers, make its own Bylaws and keep a record of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
(Ord. 24, passed 12-21-92), (Ord. 1-96, passed 1-2-96 amended)
Cross-reference:
See also Streets and Sidewalks, Ch. 91
CABLE COMMUNICATIONS AUTHORITY
There is hereby established the Elizabethtown Cable Communications Authority. The membership of the
Authority shall consist of seven members of which four shall be the residents of the city and three shall be members
of the Elizabethtown City Council. All members shall be appointed by the Mayor and approved by City Council.
Each resident member shall serve a term of four years, provided, however, that appointments to the first authority
shall be for 1,2,3, and 4 year terms respectfully. Members from the City Council shall be appointed annually. Any
vacancy in the office shall be filled by appointment of the Mayor with approval of the City Council for the remainder
of the term. No employee or person with any ownership interest in any cable television franchise granted pursuant to
ordinance shall be eligible for membership on the authority. The Mayor or her authorized representatives, may serve
as ex-officio, non-voting member of the authority. The Authority shall annually select from among its members a
Chairman who shall preside over the meetings.
(Ord. 7, passed 3-22-93)
§ 34.71 FUNCTIONS AND POWERS.
The Authority shall have the following functions and powers:
(A) Advise the Council on applications for franchises.
(B) Advise the Council on matters which might constitute grounds for revocation of the franchise in accordance
with the franchise agreement.
(C) Resolve disagreements among franchisee and public and private users of the system to the extent possible.
(D) Advise the Council on regulation of rates in accordance with the franchise agreement.
(E) Facilitate government, education, community groups and individual use of the public channels.
(F) Determine general policies relating to the services provided subscribers in the operation and use of the
access channels, with the view of maximizing the diversity of programs and services to the subscribers. The use of
access channels shall be allocated on a first come first serve basis subject to limitations on monopolization of system
time, or prime times.
31
(G) Encourage use of access channels along the widest range of institutions, groups, or individuals within the
city.
(H) Submit an annual report to the Council, including the total number of hours of utilization of access channels
and a review of any plans submitted during the year by franchisees for development of new services and relevant
information concerning education uses, public access for local programming under public control, local government
access, pay TV and channel leasing.
(I) Cooperate with other systems in supervising interconnecting of systems.
(J) Maintain a knowledge of current developments in cable communications by subscribing to trade publications
and attending cable communication seminars and meetings.
(K) Audit all franchise records required by the franchise agreement and, in the Authority's discretion, require
the preparation and filing of information additional to that required by the franchise.
(L) Conduct a detailed evaluation of the system at least every three years and make recommendations to the
Council for amendments to the franchise agreement.
(M) Employ, as necessary, services of a technical, accounting, legal and administrative nature.
(N) Act on behalf or as the designee of the Council for purposes of proposing regulations and arbitration
procedures as deemed necessary by the Council and/or to provide any other service to the Council that may be
reasonably required by the Board under the Authority of the franchise agreement.
(O) In conjunction with the renewal of franchises, as provided for under State or Federal law, the Authority
shall develop procedures for the implementation of a renewal procedure of the cable franchise.
(Ord. 7, passed 3-22-93)
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD. An Administrative body created and acting under the authority of the
Local Government Code Enforcement Board Act.
CODE ENFORCEMENT OFFICER/CITATION OFFICER. A Citation Officer as prescribed by KRS
83A.087 which shall have the authority to issue citations and which shall include city police officers, safety officers,
code enforcement officers, building inspectors, the Director of Planning & Development, the Director of Stormwater
Management, fire prevention officers, building officials and code officials.
(Am. Ord. 20-2008, passed 12-22-2008)
ORDINANCE. An official action of a local government body, which is a regulation of a general and permanent
nature and enforcement as a local law and shall include any provisions of a code of ordinance adopted by the city
legislative body which embodies all or part of an ordinance.
(Ord. 09-2003, passes 04-21-2003)
2009-S-1
32
§ 34.91 CREATION AND MEMBERSHIP.
There is hereby created pursuant to KRS 65.8801 to KRS 65.8839 within the City, a Code Enforcement Board
which shall be composed of five members, all of whom shall be residents of the City for a period of at least one (1)
year prior to the creation of the board and shall reside there throughout the term in office.
(Ord. 09-2003, passes 04-21-2003)
§ 34.92 ADMINISTRATION.
The administration of the duties of the Code Enforcement Board and coordination of the enforcement
thereunder are assigned to the Director of the Department of Planning and Development. The Director of the
Department of Planning and Development may assign these duties toa member of that department. This department
is charged with the coordination of all other city departments as it pertains to the issuance of code enforcement
citations.
(Ord. 09-2003, passes 04-21-2003)
§ 34.93 POWERS.
(A) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a
method of enforcing city ordinances when a violation of the ordinance as been classified as a civil offense.
(B) The Code Enforcement Board shall not have the authority to enforce any ordinance that violation of which
constitutes an offense under any provision of the Kentucky Revised Statutes, including specifically, any provision of
the Kentucky Penal Code and any moving motor vehicle offense.
(Ord. 09-2003, passes 04-21-2003)
§ 34.94 APPOINTMENT, OF MEMBERS; TERMS OF OFFICE, REMOVAL FROM OFFICE; OATH;
AND COMPENSATION.
(A) The Board shall consist of five members. Members of the Code Enforcement Board shall be appointed by
the Mayor of the City, subject to the approval of the City Council.
(B) The initial appointment to the Code Enforcement Board shall be as follows:
1)
2)
3)
One (1) member appointed for a one (1) year term.
Two (2) members appointed for a two (2) year term.
Two (2) members appointed for a three (3) year term.
All subsequent appointment shall be for a term of three (3) years. A member may be re-appointed, subject to
the approval of the legislative body.
(C) The Mayor may appoint, subject to the approval of the City Council, two (2) alternate members to serve on
the Code Enforcement Board in the absence of regular members. Alternate members shall meet all of the
qualifications and shall be subject to all of the requirements that apply to regular members of the Code Enforcement
Board. Alternates shall be appointed for a term of three (3) years.
(D) Any vacancy on the board shall be filled by the Mayor, subject to approval of the City Council within sixty
(60) days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Enforcement Board
Members shall fill the vacancy.
2003-S-3
32A
(E) A Code Board Member may be removed from office by the Mayor for misconduct, inefficiency, or willful
neglect of duty. The Mayor must submit a written statement to the member and the City Council setting forth the
reasons for removal.
(F) All members of the Code Enforcement Board must, before entering upon the duties of their office, take the
oath of office prescribed by Section 228 of the Kentucky Constitution.
(G) Members of the Code Enforcement Board shall be compensated in the amount of $25.00 per meeting.
(H) No member of the Code Enforcement Board may hold any elected or non-elected office, paid or unpaid, or
any position of employment with the City.
(I) Each member shall be a resident of the City of Elizabethtown during their entire service on the board.
(Ord. 09-2003, passes 04-21-2003)
§ 34.95 ORGANIZATION OF BOARD; MEETINGS; QUORUM AND ALTERNATE BOARD MEMBERS
(A) The Board shall annually elect a chair from among its members and other officers as deemed appropriate.
The Board may establish other offices through the adoption of bylaws to guide the operation of the Board. The
chairman shall be the presiding officer and a full voting member of the board.
(B) Regular meetings of the Code Enforcement Board shall be held on the 3rd Tuesday of every month at 7:00
P.M.. Meetings other than those regularly scheduled shall be special meetings held in accordance with the
requirements of the Kentucky Open Meetings Act.
(C) All meetings and hearings of the Code Enforcement Board shall be held in accordance with the
requirements of KRS 65.8815(5) and the Kentucky Open Meetings Act.
(D) The vote of a majority of a quorum of the board shall be necessary for any official action to be taken.
(E) Minutes shall be kept for all proceedings of the Code Enforcement Board and the vote of each member on
any issue decided by the Board shall be recorded in the minutes. The minutes shall be kept by the Department of
Planning & Development acting as secretary for the Board under Section 3 of this ordinance.
(Ord. 09-2003, passed 04-21-2003; Am. Ord. 27-2003, passed 09-02-2003)
§ 34.96 CONFLICT OF INTEREST.
Any member of the Code Enforcement Board who has any direct or indirect financial or personal interest in any
matter to be decided, shall disclose the nature of the interest and shall disqualify himself from voting on the matter in
which he has an interest and shall not be counted for purposes of establishing a quorum. The members shall be
subject to the restrictions of the City of Elizabethtown/Hardin County Code of Ethics.
(Ord. 09-2003, passed 04-21-2003)
§ 34.97 JURISDICTION.
The Code Enforcement Board shall have jurisdiction to enforce and shall enforce those City Ordinances and
Code Provisions which specifically provide for Code Board Enforcement authority.
(Ord. 09-2003, passed 04-21-2003)
2003-S-5
32B
§ 34.98 POWERS OF THE CODE ENFORCEMENT BOARD.
The City of Elizabethtown Code Enforcement Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings.
(B) To conduct hearings to determine if there has been a violation of an ordinance over which it has
jurisdiction.
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Code
Enforcement Board may be served by any Code Enforcement Officer.
(D) To take testimony under oath. The presiding officer at the hearing shall have the authority to administer
oaths for the purpose of taking testimony.
(E) To make findings of fact and issue orders necessary to remedy any violation of a City Ordinance or Code
Provision which the Board is authorized to enforce.
(F) To impose civil fines, as authorized, on any person found to have violated an ordinance over which the
board has jurisdiction. (Ord. 09-2003, passed 04-21-2003)
§ 34.99 ENFORCEMENT PROCEEDINGS.
The following requirements shall govern all enforcement proceedings before the board:
(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a
citation by the Code Enforcement Officer or other authorized personnel.
(B) Except as provided in subsection (c) below, if a Code Enforcement Officer believes, based on his personal
observation or investigation, that a person has violated a City Ordinance he shall issue a Notice of Violation to the
offender allowing the offender a specified period of time to remedy the violation without fine. If the offender fails or
refuses to remedy the violation within the time specified, the Code Enforcement Officer is authorized to issue a
citation.
(C) Nothing in this ordinance shall prohibit the City from taking immediate action to remedy a violation of its
ordinances where there is reason to believe that the violation presents a serious threat to public health, safety and
welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(D) The citation issued by the Code Enforcement Officer shall contain the following information:
1)
The date and time of issuance;
2)
The name and address of the person to whom the citation is issued;
3)
The date and time the offense was committed;
4)
The facts constituting the offense;
5)
The section of the Code or the number of the Ordinance violated;
6)
The name of the Code Enforcement Officer;
7)
The civil fine that will be imposed for the violation if the person does not contest the citation;
8)
The maximum civil fine that may be imposed if the person elects to contest the citation;
9)
The procedure for the person to follow in order to pay the civil fine or to contest the citation; and
10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation,
within the time allowed, the person shall be deemed to have waived the right to a hearing before the
Code Enforcement Board to contest the citation and that the determination that the violation was
committed shall be final.
2003-S-3
32C
(E) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code
Enforcement Board by delivering the citation to the Director of the Department of Planning and Development or his
designee.
(F) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of
issuance by either paying the civil fine or requesting, in writing, a hearing before the Code Enforcement Board to
contest the citation. If the person fails to respond to the citation within seven (7) days, the person shall be deemed to
have waived the right to a hearing and the determination that a violation was committed shall be considered final.
(G) If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement Board
shall enter a final order determining that the violation was committed and impose the civil fine set forth in the
citation. A copy of the final order shall be served on the person guilty of the violation.
(Ord. 09-2003, passed 04-21-2003)
§ 34.100 HEARING, NOTICE; and FINAL ORDER.
(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing.
(B) Not less than seven (7) days before the date of the hearing, the Code Enforcement Board shall notify the
requestor of the date, time and place of hearing. The notice may be given by certified mail, return receipt requested;
by personnel delivery; or by leaving the notice at the person’s usual place of residence with any individual residing
therein who is eighteen years (18) of age or older and who is informed of the content of the notice.
(C) Any person requesting a hearing before the Code Enforcement Board who fails to appear at the time and
place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the
determination that a violation was committed shall be final. The Code Enforcement Board shall enter a final order
determining the violation was committed and shall impose the civil fine set forth in the citation. A copy of the final
order shall be served upon the person guilty of the violation.
(D) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code
Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement
Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed
and shall govern the proceedings.
(E) The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed.
If it determines that no violation was committed, an order of dismissing the citation shall be entered. If it determines
that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the
maximum authorized by this or other ordinance or requiring the offender to remedy a continuing violation or both.
(F) Every final order of the Code Enforcement Board shall be reduced to writing, which shall include the date
the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the
citation is not present when the final order is issued, the order shall be delivered in accordance with the procedures
set forth in subsection (b) above. (Ord. 09-2003, passed 04-12-2003)
§ 34.111 PRESENTATION OF CASES.
Each case before the Code Enforcement Board shall be presented by the Director of the Department of Planning
& Development or by an appointed Code Enforcement Official for the city. The City Attorney shall be counsel to
the Code Enforcement Board. (Ord. 09-2003, passed 04-12-2003)
2003-S-3
32D
§ 34.112 APPEALS; FINAL JUDGEMENT.
(A) An appeal from any final order of the Code Enforcement Board may be made to the Hardin County District
Court within thirty (30) days of the date the order is issued. The appeal shall be initiated by the filing of a complaint
and copy of the Code Enforcement Board’s order in the same manner as any civil action under the Kentucky Rules of
Civil Procedure.
(B) If no appeal from a final order of the Code Enforcement Board is filed within the time period set in
subsection (a) above, the Code Enforcement Board’s order shall be deemed final for all purposes.
(Ord. 09-2003, passed 04-12-2003)
§ 34.113 ORDINANCE FINE SCHEDULE.
Violation of ordinances that are enforced by the City Code Enforcement Board shall be subject to the following
schedule of civil fines:
(A) If a citation for a violation of an ordinance is not contested by the person charged with a violation, the
penalties set forth in this subsection shall apply; however, the board may waive all or any portion of a penalty for an
uncontested violation, if in its discretion, the board determines that such waiver will promote compliance with the
Ordinance in issue.
1st Offense
Violation
Nuisance Ordinance
$ 150.00
$ 200.00
Fire and Security Alarms
$ 100.00
Sewer Use Violations:
a. Interior Under Sink Traps $ 50.00
b. Exterior Traps
$ 200.00
c. Reporting
$5.00 per day
d. All other greasetrap violations
*
Non-Maintenance Grease
$ 50.00
Traps - Undersink
Non-Maintenance Grease
$ 200.00
Traps - Exterior
Noise Ordinance
$ 20.00
Sanitary Sewer Surcharge Ord. $ 100.00
Erosion Control Ord. (Single- $ 100.00
Family Residential)
Erosion Control Ord. (all
$ 200.00
Development except SingleFamily
Illicit Discharge & Illicit
$ 100.00
Zoning Ordinance
$ 200.00
All Other Violations
$ 50.00 **
* As determined according to related ordinance
** Unless specifically mandated by related ordinance
2009-S-1
2nd Offense
$ 200.00
$ 250.00
$ 250.00
All Others
$ 300.00
$ 350.00
$ 500.00
$ 50.00
$ 200.00
$5.00 per day
*
$ 50.00
$ 100.00
$ 400.00
$5.00 per day
*
$ 50.00
$ 200.00
$ 200.00
$ 250.00
$ 250.00
$ 250.00
$ 500.00
$ 500.00
$ 500.00
$1,000.00
$ 500.00
$ 250.00
$ 75.00 **
$ 500.00
$ 500.00
$ 200.00 **
32E
(B) If the citation is contested and a hearing before the Code Board is required, the following maximum
penalties may be imposed at the discretion of the Code Board.
Violation
Nuisance Ordinances
Sewer Use Violations:
a. Interior Under Sink Traps
b. Exterior Traps
c. Reporting
d. All other greasetrap
violations
Zoning Ordinance
All Other Violations
1st Offense
$ 250.00
$ 500.00
2nd Offense
$ 400.00
$ 750.00
All Others
$ 500.00
$ 1,000.00
$ 100.00
$ 400.00
$10.00 per day
Up to $25,000/day
$ 100.00
$ 750.00
$10.00 per day
Up to $25,000/day
$ 200.00
$ 1,000.00
$10.00 per day
Up to $25,000/day
$ 500.00
$ 500.00 *
$750.00
$ 750.00 *
$ 1,000.00
$ 1,000.00 *
*
Unless additional fees are established by the adopting ordinance
(Ord. 09-2003, passed 04-21-2003) (Am. Ord. 07-2004, passed 05-17-2004) (Am. Ord. 03-2005, passed 02-21-2005)
(Am. Ord. 04-2007, passed 02-20-07) (Am. Ord. 07-2008, passed 06-16-08) (Am. Ord. 22-2008, passed 12-222008)
§ 34.114 LIENS; FINES; CHARGES; AND FEES.
(A) The City shall possess a lien on property owned by the person found by a final, non-appealable order of the
Code Enforcement Board, or by a final judgement of the court, to have committed a violation of a City Ordinance for
all fines assessed for the violation and for all charges and fees incurred by the City in connection with the
enforcement of the ordinance.
(B) The lien 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 until paid.
(C) The lien shall take precedence over all other subsequent liens, except state, county, school board, and city
taxes, and may be enforced by judicial proceedings.
(D) In addition to the remedy prescribed in subsection (a), the person found to have committed the violation
shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees
incurred by the City in connection with the enforcement of the ordinances. The City may bring a civil action against
the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 09-2003, passed 04-21-2003)
If any clause, sentence, subdivision, paragraph, section or part of this Ordinance be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly
involved in the controversy in which said judgement shall have been rendered.
(Ord. 09-2003, passed 04-21-2003)
2009-S-1
32F
CHAPTER 35: CITY POLICIES
Section
Equal Opportunity
35.01
Federal and state compliance
§ 35.01 FEDERAL AND STATE COMPLIANCE.
(A) It is the policy of the city to safeguard all individuals within the city from discrimination because of race,
color, creed, religion, sex, ethnic group, familial status, disability or national origin. This policy shall be in
conformance with federal and state constitutional rights.
(B) Employment with the city shall be in compliance with all federal and state equal employment opportunity
laws and regulations.
(C) The city has adopted Kentucky Justice Cabinet Title VI Implementation Plan, and has appointed a Title VI
Coordinator who will identify all federal programs from which federal funds are received and take all steps necessary
to implement full compliance.
33
1995 S-1
34
CHAPTER 36: PERSONNEL POLICIES
Section
Retirement and Pension Plan
36.01
Establishment
RETIREMENT AND PENSION PLAN
All city employees must join C.E.R.S. except those who elected to participate in the city's Defined Contribution
Plan, prior to August 1989.
35
36
CHAPTER 37: POLICE AND FIRE DEPARTMENTS
Section
37.00
Police and Fire Departments Established
Police Department
37.01
37.02
Carrying concealed weapon authorized
Disposition of fees for arrests; subpoenas and the like
Fire Department
37.10
Work shifts; salary; overtime pay
Civil Service
37.15
Commission established
User Fees
37.20
Deployment of Public Safety Services for Motor Vehicle Accidents and Technical Rescues
Cross-reference:
Personnel policies, see Ch. 36
Investigation by Police Department of animals as nuisances, § 92.110
§ 37.00 POLICE AND FIRE DEPARTMENTS ESTABLISHED.
There being created and established a full-time Police Department and Fire Department for the protection and
benefit of the citizens of Elizabethtown, the provision of this chapter are hereby reaffirmed. (Ord. No. 5-2000,
passed 04-03-00)
POLICE DEPARTMENT
§ 37.01 CARRYING CONCEALED WEAPON AUTHORIZED.
(A) All members of the City Police Department who carry deadly weapons on or about their persons in their
regularly scheduled duties as police officers for the city, may carry concealed deadly weapons on or about their
persons at all times within the state. ('73 Code, § 15-7)
(B) Deadly weapons that may be carried by members of the City Police Department within the state are those
weapons that are usually carried by such officers in performing their duties while on regularly scheduled shift of duty
for the city. ('73 Code, § 15-8)
(Ord., passed 11-16-70)
37
2005-S-2
38
37.02 DISPOSITION OF FEES FOR ARRESTS; SUBPOENAS AND THE LIKE.
The Chief of Police and members of the City Police Department, when executing warrants of arrest, processes,
subpoenas and attachment for witnesses and other duties as prescribed by law, and are due a fee for same, the same
shall be paid into the city treasury or general fund, it appearing that the Chief of Police and members of the City
Police Department are employed on salaries.
('73 Code, § 2-13) (Ord. 10-1990, passed 3-19-90)
FIRE DEPARTMENT
§ 37.10 WORK SHIFTS; SALARY; OVERTIME PAY.
(A) Members of the City Fire Department shall be required to work for a period of 24 hours after which
they will be off duty for a period of 48 hours and continuing thereafter on that basis.
(B) Members of the City Fire Department shall be paid a sum equal to at least their weekly, bi-weekly,
monthly and annual salary heretofore established.
(C) Members of the City Fire Department shall be paid time and one-half for all hours worked over 40
hours per week and shall receive a minimum salary as set from time to time by ordinance.
('73 Code, § 17-108.1) (Ord., passed 6-17-74)
CIVIL SERVICE
§ 37.15 COMMISSION ESTABLISHED.
There is hereby created and established a Civil Service Commission for the Police and Fire Departments of
the city, and the City Council hereby elects to operate the civil service system under the provisions of KRS 90.300
through 90.390. The Police and Fire Departments shall operate under standard operating procedures (SOP) approved
by the City Council.
('73 Code, § 17-101) (Ord., passed 10-17-72)
Authority of fourth class city to adopt provisions of KRS 90.300 through 90.390, see KRS 95.761
§ 37.17 CIVIL SERVICE CLASSIFICATIONS
The following number and classifications of the City of Elizabethtown Police and Fire Departments are
hereby created.
ELIZABETHTOWN POLICE DEPARTMENT
JOB TITLE
Lieutenant
Sergeants
Police Officers
2000-S-1
NUMBER
1
7
30
CLASSIFICATION
8P
7P
6P
(Classification and Salary
Schedule on file in office
of the Director of Finance)
Elizabethtown – Administration
39
ELIZABETHTOWN FIRE DEPARTMENT
JOB TITLE
Fire Captains
Fire Lieutenants
Fire Fighters
NUMBER
3
6
36
CLASSIFICATION
8F
7F
6F
(Classification and Salary
Schedule on file in the office
of the Director of Finance)
The Chief of Police and any deputy chiefs of police, the Fire Chief and any Battalion Chiefs are specifically
excluded from the classified service, but are protected under the provisions of KRS 90.380.
All radio operators, school guards and meter attendants are specifically excluded from the above classified
service in the City of Elizabethtown. (Ord. Passed 8-19-96; Ord. No. 05-2000, passed 04-03-00, Ord. No. 15-2008,
passes 11-17-2008).
USER FEES
§ 37.20 USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES FOR MOTOR VEHICLE
ACCIDENTS AND TECHNICAL RESCUES
The City desires to implement a fair and equitable procedure by which to collect Motor Vehicle Accidents
(MVA) and technical rescue fees from insurance companies and non-tax payers and establish a billing system in
accordance with State and Federal laws, regulations and guidelines:
1.
The City of Elizabethtown’s Fire Department shall establish fees for the delivery of Fire Department
services, personnel, supplies and equipment to the scene of motor vehicle accidents and technical rescues.
The rate of the user fees shall be that which is the usual, customary and reasonable costs, which includes
any services, personnel, supplies and equipment and may fluctuate based on the needs of the accident. The
user fees may include police services for traffic control and accident reconstruction for certain accidents
involving fatalities.
2. The user fees shall be filed to the motor vehicle or accident insurance companies, representing an add-oncost of the claim for damages.
3. The City may make rules or regulations and from time-to-time and may amend, revoke or add rules and
regulations not inconsistent with this Ordinance as it may deem necessary or expedient in respect to billing
for these fees or the collection thereof.
4. If any part of this section is declared to be unenforceable or unconstitutional for any reason then the same
shall not affect the validity of the remainder of this section.
(Ord. No. 07-2005, passed 03/31/05)
2009-S-2
40
TITLE V: PUBLIC UTILITIES
Chapter
50.
DISCONNECTION POLICY
51.
GAS
52.
WATER AND SEWER
1
2
Elizabethtown - Public Utilities
CHAPTER 50: DISCONNECTION POLICY
Section
50.01
Disconnection for nonpayment; restrictions and charges on reconnection
50.02
City not liable for interruption of service
Cross-reference:
Permit required for wires or structures over streets; issuance of permit to utility, see § 91.01
Termination of utilities when public nuisance exists, see § 92.112
§ 50.01
DISCONNECTION
RECONNECTION.
FOR
NONPAYMENT;
RESTRICTIONS
AND
CHARGES
ON
The following regulations shall apply to water, sewer, and gas customers:
(A) After service has been discontinued for nonpayment of bills, all past-due bills and fees must be paid up to
date before service will be restored.
(B) A service charge from $10 to $20 shall be levied to restore service after discontinuance for nonpayment of
bills. This service fee must be paid before service is continued.
(C) After services have been interrupted or discontinued for nonpayment of bills to any person, the services will
not be granted to other members of the family living under the same roof until all past-due bills have been paid in
full.
(D) After services have been interrupted or discontinued for nonpayment of bills, service charges, or fees and
the gas or water meter has been sealed by the city, it shall be unlawful for any person to break any seal on any water
or gas meter or to tamper or turn on the water or gas. In addition to any criminal conviction and penalties, the city
may collect a service charge from $10 to $200 from the service account for the unlawful tampering or turning on of
the gas or water.
(E) Should water, sewer or gas service be disconnected or discontinued for an extended period, for any reason,
the city may remove its meters from the service or may otherwise secure its service line. The city shall charge the
applicable reconnection fees and deposits required.
§ 50.02 CITY NOT LIABLE FOR INTERRUPTION OF SERVICE.
No claim shall be made against the city by reason of breakage of any main or service pipe, or any other
interruption of the supply, breakage of machinery or stoppage for necessary repairs for any city utility.
3
1995 S-1
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CHAPTER 51: GAS
Section
General Provisions
51.01
51.02
51.03
51.04
51.05
51.06
Definitions
Conditions to provision of gas service
Connection permit required; tap-on fees
Reconnection after voluntary turn-off; fee
Reconnection of meter; fee
Requirements and fees for gas tap and extensions for subdivision and private developments; rebate
policy
Service Rate Schedules
51.15
51.16
51.17
51.18
51.19
51.20
51.21
51.22
General Rate
Heat Rate
High Load Rate
Firm Transportation Service
Interruptible Transportation Service
Interruptible Transportation with Standby
Curtailment Notice and Charge for Failure to Obey
Adjustment for Increase in Rate
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
DWELLING UNIT. Each dwelling unit in an apartment house shall be considered as a separate customer and
shall be separately metered, except when the apartment house is centrally heated.
GAS PIPING. The gas pipe from the gas meter outlet to the gas burning appliance, apparatus or fixture.
MCF. One “mcf” is 1000 cubic feet of gas at standard temperature and pressure.
MINIMUM BILL. The minimum bill shall be charged to each account monthly. The base rate and commodity
rate shall be charged in addition to the minimum bill.
SERVICE LINE. The gas pipe from the city's main to the meter location.
SYSTEM or GAS SYSTEM. The natural gas distribution system of the city.
('73 Code, § 20-11) (Ord., passed 4-1-57) (Ord. 18-2003, passed – 06-23-2003)
2003-S-4
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6
§ 51.02 CONDITIONS TO PROVISION OF GAS SERVICE.
The city shall provide gas and gas service to any potential consumer who may apply for same provided that the
demand for gas by the potential consumer can be supplied by the gas system and provided, further, that the revenues
to be derived from supplying the potential consumer with gas and gas service justify the cost to the city of extending
the gas and gas service to the consumer.
('73 Code, § 20-18) (Ord., passed 4-1-57)
§ 51.03 CONNECTION PERMIT REQUIRED; TAP-ON FEES.
(A) At or before the time of any initial connection of any premises to the gas system, the owner or occupant of
the premises shall be required to pay a connection fee and deposit. The owner or occupant of the premises shall be
required to pay the cost of installing that part of the service line from the curb or property line to the meter and
regulator location. No such service line shall be installed until the owner or occupant of the premises has paid the
connection fee to the city covering such installation. All service lines shall be installed in accordance with the codes
containing the requirements for installing same and which codes will be available at the city hall. The applicable
codes hereby (and as otherwise provided) adopted by reference are the most current additions of the following codes
as approved by City Council: National Fuel Gas Code (NFPA54), Pipeline Safety Regulations - 49CFR, Kentucky
Standards of Safety ( Fire Prevention Code), National Fire Code (National Fire Protection Association), and the city
of Elizabethtown Plans and Specifications for Gas Service Piping Installations. The installation, construction,
reconstruction and repair of all gas piping, service lines, gas appliances, fixtures and apparatus, now or hereafter to
be placed on or in any manner directly attached to any premises served by the gas system shall be inspected and
approved by the city before any gas is turned into any service line on the premises.
(B) Tapping or connection fees for gas service for customers located inside the city as well as those who live
outside the city shall be set by ordinance passed by City Council from time to time and kept on file in the office of
the City Clerk for public inspection.
(C) All connections to the gas system and the installation, construction, reconstruction and repair of gas piping,
service lines, gas appliances, fixtures and apparatus shall be made under such other regulations as the City Council
may prescribe by ordinance.
('73 Code, § 20-17) (Ord., passed 4-1-57; Am. Ord., passed 4-3-72; Am. Ord., passed 5-20-85) Penalty, see
§ 10.99
§ 51.04 RECONNECTION AFTER VOLUNTARY TURN-OFF; FEE.
In the event the owner or occupant of any residential, commercial and industrial establishment, or other
property, building or structure of any kind, connected with, or serviced by the natural gas system shall request that
service be cut off or discontinued, there is hereby established a turn-on fee of $10
1995 S-1
Gas
7
which shall be paid before service is resumed to the property previously cut off or discontinued, and shall be in
addition to deposits now required.
('73 Code, § 20-19) (Ord., passed 4-20-59)
§ 51.05 RECONNECTION OF METER; FEE.
In the event the owner or occupant of any property as set out in § 51.04 shall cause the gas meter to be
removed, there is hereby established a meter hook-up fee of $25 which shall be paid before the meter is reconnected
to the property, which fee shall be in addition to deposits now required.
('73 Code, § 20-20) (Ord., passed 4-20-59)
§ 51.06 REQUIREMENTS AND FEES FOR GAS TAP AND EXTENSIONS FOR SUBDIVISION
AND PRIVATE DEVELOPMENTS; REBATE POLICY.
(A) Inside city limits.
(1) A tap fee shall be paid for each service. The tap fee shall be determined annually by the City Finance
Department based upon material, labor and equipment costs.
(2) Developers of subdivisions and private developments shall pay the City for all mainline extensions
necessary to install lines to and/or within the development. The charge for extensions shall be based upon costs
determined by the City Finance Department annually and shall be charged per foot of line installed by the City or its
contractor. All payments for extensions shall be made to the City according to signed contract before constructions
shall begin.
(3) Rebates shall be refunded once each year to the developer or owner utilizing tap fees paid over a ten
year period. The rebates shall not exceed the extension contract amount.
(B) Outside city limits.
(1) A tap fee shall be paid for each service. The tap fee shall be determined annually by the City Finance
Department based upon materials, labor and equipment costs.
(2) Developers of subdivisions and private developments shall pay the City for all mainline extensions
necessary to install lines to and/or within the development. The charge shall be determined and set annually by the
City Finance Department and shall be charged per foot of line installed by the City of its contractor. All payments
for extensions shall be made to the city according to signed contract before construction shall begin.
(3) Rebates shall be refunded once each year to the developer or owner utilizing tap fees paid over a tenyear period. The rebase shall not exceed the extension contract amount.
('73 Code, § 20-21) (Ord. 18-1990, passed 6-4-90) (Am Ord. 21-2004, passed 10-04-04)
SERVICE RATE SCHEDULES
§ 51.15 GENERAL RATE.
(A) Rates. The general rate shall be charged to any customer not qualifying for any other rate schedule. The
rate shall consist of a minimum bill, base rate and commodity rate. The minimum bill and base rate shall be
established in relation to costs of service, maintenance, debt service and other operational costs. The commodity rate
shall be determined based upon the monthly cost of gas supply.
Minimum Bill
Base Rate
Commodity Rate
$6.00
$1.40 per mcf
(Cost of gas + interstate fuel and transport
charges + loss/unaccounted for) per mcf
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(B) Deposit. A deposit of $50.00 will be required for each residential user and a deposit of $100.00 for each
business or commercial user. The deposit will be refundable at the termination of the service.
(C) Terms of payment. All bills are due and payable ten (10) days from the date of the bill. If not paid within
this ten-day period, the above rates plus a $10 to $20 restoring charge shall apply. The city also reserves the right to
discontinue service and hold the deposit until the bill is paid in full.
('73 Code, § 20-12) (Ord., passed 1-19-70; Am. Ord., passed 11-2-87; Am. Ord. 9-1988, passed 3-21-88; Am.
Ord., passed 11-22-93) (Am. Ord. 18-2003, passed 06-23-2003)
§ 51.16 HEAT RATE.
(A) Rates. The heat rate shall be charged to any customer utilizing service for space heating purposes only.
Minimum Bill
Base Rate
Commodity Rate
$6.00
$1.80 per mcf
(B) Deposit. A deposit of $50.00 will be required for each residential user and a deposit of $100.00 for each
business or commercial user. The deposit will be refundable at the termination of the service.
(C) Terms of payment. All bills are due and payable ten (10) days from the date of the bill. If not paid, within
this ten (10) days period, the above rate plus a $10 to $20 restoring charge will apply. The city also reserves the
right to discontinue service and hold the deposit until the bill is paid in full.
('73 Code, § 20-13) (Ord., passed 1-19-70; Am. Ord., passed 11-2-87; Am. Ord. 9-1988, passed 3-21-88; Am
§ 51.17 HIGH LOAD RATE.
The high load rate is available to customers whose use of gas during the month of least consumption is at least
50% of the use of gas during the month of greatest consumption. High load rate customers may be subject to
curtailment under the provisions in this ordinance titled “Curtailment Notice and Charge for Failure to Obey”. Such
curtailment shall be based upon end use priority standards.
(A) Rates.
Minimum Bill
Base Rate
Commodity Rate
$25.00
$1.15 per mcf
(B) Deposit. A deposit of $100.00 will be required on all service of this classification. The deposit will be
refunded at the termination of the service. The City, at its sole discretion, reserves the right to exempt from this
requirement any person, firm or corporation, who can furnish a satisfactory and acceptable credit rating or
experience.
Gas
9
(C) Terms of payment. All bills are due ten (10) days from the date of the bill. If not paid within this ten (10)
day period, the above rate plus a $50.00 to $100.00 restoring charge shall apply. The city also reserves the right to
discontinue service and hold the deposit until the bill is paid in full.
§ 51.18 INTERRUPTIBLE SALES SERVICE
Based upon available supplies and system capacity, interruptible sales service may be offered to
commercial/industrial customers whose use of gas is principally for process purposes, and where space heating is
incidental. The City reserves the right to deny this service at any time when, in the City’s opinion, the gas system
lacks capacity and/or supplies at the point of service or when this interruptible service would conflict with priority
services being rendered. All sales shall comply with the City’s administrative and operational policies and Federal
Energy Regulatory Commission requirements. Under this rate schedule, the customer shall adhere to all terms of the
“Curtailment Notice and Charge for Failure to Obey” provisions of this chapter. This service provides natural gas
supplies at monthly market prices. Contracts shall be required between the Interruptible Sales Service customer and
the City for any fixed price purchase agreements. These contracts shall be determined on a specific and short term
basis at the discretion of the City.
(A) Rates.
Minimum Bill
Base Rate
Commodity Rate
$125.00
$0.75 per mcf
(Cost of gas + interstate fuel and transport charges) per mcf
Ord., passed 11-22-93, Am. Ord. 18-2003, passed 06-23-03, Am. Ord. 38-2007, passed 11-19-07)
§ 51.19 INTERRUPTIBLE SALES SERVICE WITH STANDBY
Interruptible sales service with standby under this rate schedule may be offered to a commercial/industrial
customer who has standby fuel capability for curtailment periods. All sales shall comply with the City’s
administrative and operational policies and Federal Energy Regulatory Commission requirements. The City shall
interrupt this service at any time when, in the City’s opinion, the gas system lacks capacity and/or supplies at the
point of service or when the interruptible service would conflict with other services being rendered. The customer
shall adhere to all terms of the “Curtailment Notice and Charge for Failure to Obey” provisions of this chapter. This
service provides natural gas supplies at monthly market prices. Contracts shall be required between the Interruptible
Sales Service with Standby customer and the City for any fixed price purchase agreements. These contracts shall be
determined on a specific and short term basis at the discretion of the City.
(A) Rates.
Minimum Bill
Base Rate
Commodity Rate
$125.00
$0.55 per mcf
Ord., passed 11-22-93,Am. Ord. 18-2003, passed 06-23-2003, Am Ord. 38-2007, passed 11-19-07)
2008-S-1
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§ 51.20 FIRM SALES SERVICE.
Based upon available supplies and system capacity, firm sales service may be offered by contract to
commercial/industrial customers whose use of gas is principally for process purposes and where space heating is
incidental. The City reserves the right to deny this service at any time when, in the City’s opinion, the gas system
lacks capacity and/or supplies at the point of service or when this firm service would conflict with higher priority
services being rendered. All sales shall comply with the City’s administrative and operational policies and Federal
Energy Regulatory Commission requirements. Under this rate schedule, the customer shall adhere to all terms of the
contract and the “Curtailment Notice and Charge for Failure to Obey” provisions of this chapter. This service
provides natural gas supplies at monthly market prices. Contracts shall be required between the Firm Sales Service
customer and the City for any fixed price purchase agreements. These contracts shall be determined on a specific and
short term basis at the discretion of the City.
(A) Rates.
Minimum Bill
Base Rate
Commodity Rate
$125.00
$0.95 per mcf
('73 Code, § 20-15.1) (Ord., passed 11-2-87; Am. Ord. 9-1988, passed 3-21-88, Am. Ord. 18-2003, passed 06-232003, Am. Ord. 38-2007, passed 11-19-07)
§ 51.21 INTERRUPTIBLE TRANSPORTATION SERVICE.
Interruptible transportation service under this rate schedule may be offered by contract to commercial/industrial
customers who have obtained an independent supply of natural gas, and which have made arrangements to have the
gas delivered to the City’s distribution system. Volumes to be transported shall comply with the City’s administrative
and operational polices and Federal Energy Regulatory Commission requirements. The City reserves the right to
deny this service at any time when, in the City’s opinion, the gas system lacks capacity at the point of service or
when this interruptible service would conflict with other services being rendered. The customer shall adhere to all
terms of the contract and the “Curtailment Notice and Charge for Failure to Obey” provisions of this chapter. The
customer shall be responsible for all contractual charges including balancing expenses, City operational costs and
administrative fees.
(A) Rates.
Minimum Bill
Base Rate
$125.00
$0.95 per mcf
(Ord. 38-2007, passed 11-19-07)
§ 51.22 CURTAILMENT NOTICE AND CHARGE FOR FAILURE TO OBEY.
Whenever curtailment or interruption of gas delivered hereunder is required, the City shall issue a curtailment
order to customers affected, specifying the quantity of gas to be curtailed and the time at which such curtailment is to
be made. When restoration of service is permissible, the City shall similarly issue a restoration order specifying the
quantity of gas to be restored and the time at which such restoration is to be made therein. A curtailment order shall
be issued at least one hour in advance of the effective time.
2008-S-1
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If customer fails to comply with a curtailment order calling for curtailment or interruption, then for each such
failure customer shall be deemed to have created a “firm demand” equal to the full volume of gas taken between the
effective time of such curtailment order and the effective time of the next succeeding restoration order. If the period
of time between the effective time of such curtailment order and the effective time of the next succeeding restoration
order exceeds 24 hours, the demand so created shall be the largest volume of gas taken in any continuous 24 hours
period while the curtailment order is in effect. Each “firm demand” so created shall be billed to the customer at the
rate of $15.00 per month per 1,000 cubic feet for a period of 12 months beginning with the month of which such
demand was created. The City, at its discretion, may waive demand created hereunder for minor violations or
curtailment order.
('73 Code, § 20-16) (Ord., passed 4-1-57; Am. Ord., passed 3-17-75; Am. Ord. 9-1988, passed 3-21-88; Am. Ord.,
passed 11-22-93, Am. Ord. 18-2003, passed 06-23-2003, Am. Ord. 38-2007, passed 11-19-07)
§ 51.23 ADJUSTMENT FOR INCREASES IN RATE.
The rate schedules adopted herein are based upon operational costs and commodity costs (cost of gas).
Adjustments to the monthly rate schedule will be made by the City to include the effect of commodity increases or
decreases, and such adjustments shall automatically become part of the applicable rate schedule.
('73 Code, § 20-16.1) (Ord., passed 1-3-77, Am. Ord. 18-2003, passed 06-23-2003, Am. Ord. 38-2007, passed 1119-07))
§ 51.24 OVERCHARGES AND UNDERCHARGES; ADJUSTMENT OF ERRORS IN BILLING.
Where the city has supplied natural gas to a customer, if it shall be found that at any time or times the customer
has been overcharged or undercharged in any form whatsoever under the provisions for rates and charges for the use
and services rendered by the natural gas distribution system of the city and if the customer shall have actually paid
the bills containing the overcharge or undercharge, then within 30 days after the final determination thereof, the city
shall refund the amount of any the overcharge with interest thereon at the then effective prime interest rate (Chase
Manhatten Bank) from the time such overcharge was paid to the date of refund, and the customer shall pay the
amount of any such undercharge, but without interest. In the event an error is discovered in the amount billed any
statement rendered by the city, the error shall be adjusted within 30 days of the determination thereof, provided that
claim therefore shall have been made within 30 days from the date of discovery of the error but in any event, within
12 months from the date of payment.
(’73 Code, § 20-16.1) (Ord., passed 1-3-77, Am. Ord. 38-2007, passed 11-19-07)
12
2008-S-1
CHAPTER 52 WATER AND SEWER
Section
General Provisions
52.01
52.02
52.03
52.04
52.05
52.06
52.07
Purpose
Sewer use ordinance adopted by reference
Water and sewer rates adopted by reference
Tapping or connection permit
Tapping fees for water and sewer
Prohibited water usage
Emergency surcharges for water & sewer customers
Water and Sewer Rates
52.20
52.21
52.22
52.23
Annual rate for standby fire protection taps
Private fire hydrants outside city
Meter deposits
Existing provisions reaffirmed
Discharge into Sanitary Sewer System
52.30
52.31
52.32
Discharge of surface or stormwater or groundwater into the sanitary sewer system of the city is
prohibited
Penalties
Severability
Cross-reference:
Sewage discharge deemed a public nuisance, see §§ 92.075 through 92.077
Minimum fire protection requirements; water supply and fire hydrants, see § 93.27
GENERAL PROVISIONS
§ 52.01 PURPOSE.
This chapter sets forth the requirements for usage of city water and sewer distribution and collection systems and
establishes certain rates and charges for the service provided by the water and sewer systems.
§ 52.02 SEWER USE ORDINANCE ADOPTED BY REFERENCE.
An ordinance repealing the existing city sewer use ordinance and enacting the new sewer use ordinance and
pretreatment program for the city is hereby incorporated by reference and shall govern in all respects the publicly
owned treatment works including the municipal sanitary sewerage collection system, treatment plant and
appurtenances thereto, setting forth policy, definitions, rules and regulations
2008-S-1
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governing the building of sewers and connections, wastewater volume determination, pollutant discharge and
discharge limits, pretreatment program administration in part, wastewater discharge permits, general discharge
prohibition, establishing the right of the city to charge fees and charges for administrating the city's reasonable
necessary functions related to the aforesaid, monitoring and sampling, permittee reporting requirements, accidental or
slug discharges, spill prevention and control plans and delineating powers and authority of the city and setting forth
the methods and procedures for enforcement of the ordinance including enforcement response actions including
penalties for violations of the ordinance and repealing prior ordinances.
(Ord. 7, passed 4-27-92) (Ord. 11-2002, passed 07-01-2002)
§ 52.03 WATER AND SEWER RATES ADOPTED BY REFERENCE.
An ordinance amending previous ordinances fixing water and sewer rates is hereby incorporated by reference
and shall establish the rate and charge necessary for the providing of services and the proper operation of the water
and sewer systems.
(Ord. 35, passed 09-20-99) (Am. Ord. 33-2003, passed 11-07-03) (Am.Ord. 35-2007, passed 11-05-07)
§ 52.04 TAPPING OR CONNECTION PERMIT.
(A) Water and sewer mains shall be tapped or connected only by permit issued by the city and payment by the
applicant of the fees prescribed. The city will furnish and install the water meter, meter setter, meter box and lid, and
supply pipe from the water main to the property line for taps two inches in diameter and less. For taps larger than
two inches in diameter, the materials must be purchased by the applicant and approved by the city. The city will
furnish the meter and install the tapping materials only if requested. The applicant shall provide and install according
to city specifications the lines from the tap to the premises.
(B) The city will furnish and install the sewer tap and service line from the main to the property line. The
owner of the premises shall provide and install the sewer from the property line to the premises.
(Ord. 14, passed 5-20-85)
(C) Connection to the sanitary sewerage system shall not be permitted for property outside of the corporate
limits of the City of Elizabethtown.
§ 52.05 TAPPING FEES FOR WATER AND SEWER.
(A) Tapping fees for water service shall consist of a materials fee and a connection fee.
(1) The materials fee shall be based upon the actual cost of supplies (including meter, necessary parts and
meter box) for each service size and shall be determined and set by the City Finance Department at least once per
year.
(2) The connection fee for water service shall be determined by ordinance passed by City Council from
time to time and kept on file in the office of the City Clerk for public inspection.
(3) The service size shall be determined by the meter size, or the tap size from the main to the meter,
whichever is larger. In the case of multiple meter settings from one tap, a connection fee shall be charged for each
service meter set, but no connection fee for the tap line shall be charged.
2008-S-1
Water and Sewer
15
(B) Tapping or connection fees for sewer service shall be set by ordinance passed by City Council from time to
time and kept on file in the office of the City Clerk for public inspection. Each residence, dwelling unit, or business
unit, shall pay a connection fee.
(Ord. 14, passed 5-20-85) (Amended by Ordinance No. 29 - 1997).
§ 52.06 PROHIBITED WATER USAGE
When the Mayor has declared that a water shortage emergency exists, the following activity will be prohibited.
1.
Residential – All residents of residential communities are hereby prohibited from the exterior usage of water,
including but not limited to:
a. the exterior washing of homes and/or windows;
b. the water of lawns;
c. the usage of irrigation systems;
d. the watering of flowers;
e. the watering of shrubs;
f. the watering of gardens;
g. the washing of any type of motor vehicle;
h. the washing of any type of pleasure craft;
i. the filling up or topping off of swimming pools of any size;
j. the washing of sidewalks, driveways, patios or parking areas; and
k. the refilling of decorative water fountains.
2. Restaurants – The owners and/or operators of all restaurants are hereby prohibited from the usage of water as
follows:
a. all exterior uses as outlines above; and
b. restrict service of water to customers only when requested.
3. Businesses – The following water usage for businesses are hereby prohibited:
a. any and all exterior usage as outlined above, with the exception of the need of those businesses which use
water which becomes part of their final product or service.
(Ord. 23 – 1999, passed 07-26-99)
§ 52.07 EMERGENCY SURCHARGES FOR WATER AND SEWER CUSTOMERS
When the Mayor has declared that a water shortage emergency exists, any individual or entity who violates Title
V, Section 52.06 of the Elizabethtown Code of Ordinance, as enacted on July 26, 1999, shall be assessed the
following surcharges.
1.
2.
3.
Residential:
Warning
a. 1st offense
$50.00 surcharge
b. 2nd offense
c. 3rd & subsequent offenses
$100.00 surcharge and/or possible termination of water service
Restaurants:
Warning
a. 1st offense
$100.00 surcharge
b. 2nd offense
Businesses:
Warning
a. 1st offense
nd
b. 2 offense
$100.00
1999-S-3
16
Any citizen who violates said section 52.06 will be issued a citation. Citations will be written by those
employees of the City authorized by the Mayor.
Any citizens who choose to appeal any aspect of this Ordinance are authorized to take their appeals directly to
the City Council.
(Ord. 24 – 1999, passed – July 26, 1999)
WATER AND SEWER RATES
§ 52.20 ANNUAL RATE FOR STANDBY FIRE PROTECTION TAPS.
The charge for alternate or standby service from the City water system for meter sizes up to and including two
inches (2”) shall be $200.00 and shall cover service for one year from the date of initiation of usage. The minimum
monthly bill ($7.78) may be paid in lieu of the fee. For meter sizes larger than two inches (2”), the charge as
prescribed shall be $500.00 or a minimum monthly bill of $25.00 may be paid.
('73 Code, § 20-40) (Ord., passed 11-20-78; Am. Ord., passed 12-8-80; Am. Ord., passed 4-19-82; Am. Ord. 8,
passed 2-4-91; Am. Ord. 25, passed 9-20-99; Am. Ord. No. 17-2007, passed 04-16-07)
§ 52.21 PRIVATE FIRE HYDRANTS OUTSIDE CITY.
An annual charge of $500.00 shall be collected for City water system fire service when sprinkler facilities are
utilized by an entity which is not a City water system customer. A fee of $100.00 per hydrant shall be collected
annually for each privately maintained fire hydrant supplied by the City water system and utilized by an entity which
is not a City water system customer or which does not have sprinkler facilities.
An annual charge of $500.00 shall be collected for alternate or standby fire service from the City water system.
The entire fee shall be billed upon initiation of actual usage and shall cover service for one year.
('73 Code, § 20-41) (Ord., passed 11-20-78; Am. Ord., passed 12-8-80; Am. Ord., passed 4-19-82; Am. Ord. 8,
passed 2-4-91; Am. Ord., passed 9-20-99; Am. Ord. 17-2007, passed 04-16-07)
§ 52.22 METER DEPOSITS; WATER AND SEWER.
Meter deposits for water and sewer service will be required of customers at a rate in an amount to be determined
by ordinance passed by City Council from time to time for homes and $60 for commercial and industrial users inside
city limits; if the customer is located outside the city, the amount shall be determined by ordinance passed by City
Council from time to time.
('73 Code, § 20-42) (Ord., passed 11-20-78; Am. Ord., passed 8-3-81; Am. Ord., passed 4-19-82; Am. Ord.,
passed 4-27-92; Am. Ord., passed 9-20-99)
§ 52.23 EXISTING PROVISIONS REAFFIRMED.
All existing provisions as to reading of meters, rendition of bills and payment, collection and disconnection
charges and related provisions of existing ordinances are hereby reaffirmed, re-enacted and readopted, except to the
extent that same may be inconsistent herewith.
('73 Code, § 20-32.1)
2008-S-1
Water and Sewer
17
DISCHARGE INTO SANITARY SEWER SYSTEM
§ 52.30
Discharge of surface or stormwater or groundwater into the sanitary sewer system of the city is
prohibited.
As a condition of initial or continued water or sewer service by the Elizabethtown Sanitary Sewer System,
owners or occupants of premises served by the City Sanitary Sewer System shall eliminate surface/stormwater or
groundwater connections to the sanitary sewer and shall pay a surcharge in the amount of fifty dollars ($50.00) per
month until such time that the property owner or occupant shall allow the City to verify by inspection of the premises
that the discharge of surface/stormwater or groundwater has been eliminated.
The City shall identify the affected properties and shall adopt policies and procedures for the administration
of this ordinance including prior notification to all owners and occupants before any enforcement action or initiation
of the surcharge.
The surcharge shall be assessed against the receiver of the service, whether an occupant or and owner. If no
wastewater billings are otherwise made for the property in question, the owner shall be billed for surcharge. Failure
to timely pay the surcharge shall be cause to terminate service to the affected property.
(Ord. No. 02-2007, passed 02-20-07)
§ 52.31
Penalties
Any person violating this ordinance may be cited for a civil offense pursuant to the Code Enforcement Board
Ordinance and Fine Schedule. Each day of violation may be considered a separate occurrence. The civil fine shall be
paid directly to the City of Elizabethtown. If the fine is not paid within thirty (30) days from the date of notification,
then the City may recover said fine in a civil action in a court of proper jurisdiction. The City may also obtain
injunctions or abatement orders to insure compliance with this ordinance.
Nothing in this section shall negate the ability of the City to pursue civil penalties of up to $25,000 or to
pursue criminal penalties as prescribed by law.
The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement
Board. (Ord. #9-2003).
(Ord. No. 02-2007, passed 02-20-07)
§ 52.32
Severability
If any section, paragraph, clause or provision of this ordinance shall be held invalid or ineffective for any
reason, the remainder hereof shall continue in full force and effect, it being expressly hereby found and declared that
the remainder of this ordinance would have been adopted despite the invalidity of such section, paragraph, clause or
provision.
(Ord. No. 02-2007, passed 02-20-07)
2008-S-1
18
TITLE VII: TRAFFIC CODE
Chapter
70.
GENERAL PROVISIONS
71.
TRAFFIC RULES
72.
PARKING REGULATIONS
73.
BICYCLES AND MOTORCYCLES
74.
TRUCKS
75.
TRAFFIC SCHEDULES
76.
SOLICITING ON THE CROSSWALKS,
INTERSECTIONS OR ROADWAYS
2000-S-2
1
HIGHWAYS,
2
Elizabethtown - Traffic Code
CHAPTER 70: GENERAL PROVISIONS
Section
Generally
70.01
70.02
70.03
70.04
70.05
Definitions
Required obedience to traffic directions
Powers and duties of Police Department
Authority for enforcement
Temporary regulations
Traffic-Control Devices
70.15
70.16
70.17
70.18
70.19
Signal legends
Establishment and maintenance of traffic-control devices
Obedience to signals
Interference with signals
Unauthorized signals or markings
GENERALLY
For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
AUTHORIZED EMERGENCY VEHICLES. Vehicles of the Fire Department or Police Department, vehicles
of the Commonwealth Attorney's office when on official business, and ambulances on an authorized emergency run.
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 physical boundary of the street created by a vertical barrier.
3
1995 S-1
4
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 or state.
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.
POLICE DEPARTMENT. The Police Department or other persons or agency authorized to perform the duties
of § 70.03 or any other acts necessary to implement and enforce this traffic code.
PUBLIC WAY. The entire width between property lines of every way, dedicated passway, or street set aside
for public travel, except bridle paths and foot paths.
REVERSE TURN. To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
RIGHT-OF-WAY. The privilege of the immediate and preferential use of the street.
ROADWAY. That portion of any street, improved, designated, or ordinarily used for vehicular travel.
SIDEWALK. The hard surface walkway adjacent to or within the right-of-way of the street which is
customarily used by 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. Includes all agencies for the transportation of persons or property over or upon the public highways
of the Commonwealth and all vehicles passing over or upon the highways. MOTOR VEHICLE includes all vehicles,
as defined above except, road rollers; road graders; farm tractors; vehicles on which power shovels are mounted;
construction equipment customarily used only on the site of construction and which is not practical for the
transportation of persons or property upon the highways; vehicles that travel exclusively upon rails; vehicles
propelled by electric power obtained from overhead wires while being operated within any municipality or where the
vehicles do not travel more than five miles beyond the city limits of any municipality; and vehicles propelled by
muscular power. (KRS 189.010(19))
2001 S-4
General Provisions
5
§ 70.02 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction
given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic
code.
(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of
the United States government, 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 § 10.99
§ 70.03 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.
§ 70.04 AUTHORITY FOR ENFORCEMENT.
Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic
code and to make arrests for traffic violations is given to the 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.
§ 70.05 TEMPORARY REGULATIONS.
When required for the convenience and safety of the public and to alleviate unusual traffic problems, the Chief
of Police or other authorized city official shall, at his/her discretion, have authority to impose such traffic regulations
as he/she may deem necessary for temporary periods not to exceed two weeks. If these temporary regulations are
necessary for a period longer than two weeks, the City Clerk shall be notified in writing of the extended order.
2001 S-4
6
TRAFFIC-CONTROL DEVICES
§ 70.15 SIGNAL LEGENDS.
Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words
“Go,” “Caution,” or “Stop,” or exhibiting different colored lights for purposes of traffic control, the following
colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:
(A) Green alone or “Go”: Vehicular traffic facing the signal may proceed straight through or turn right or left
unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other
vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Steady yellow alone or “Caution” when shown following the green or “Go” signal: Vehicular traffic facing
a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicular traffic
facing a steady yellow signal may enter and clear the intersection.
(C) Red alone or double red or “Stop”: Vehicular traffic facing the signal shall stop before entering the nearest
crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain
standing until green or “Go” is shown alone.
(D) Flashing red alone: Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an
intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it
can do so without danger.
(E) Flashing amber alone: Vehicular traffic facing the signal shall reduce its speed and proceed cautiously
across the intersection controlled by such signal.
(F) “Yield Right-of-Way”: Vehicular traffic facing the “Yield Right-of-Way” sign shall bear the primary
responsibility of safely entering the primary intersecting or merging right-of-way. All traffic facing the sign shall
yield the right-of-way to all vehicles and pedestrians within the 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
the lanes, vehicles shall not move against them. If flashing amber lights show above a lane, that lane shall be used
only for passing and for left turns unless a sign at such place prohibits the turn.
(H) Arrows: A green arrow has right of way over other traffic.
Traffic-control signals, see KRS 189.338
2001 S-4
General Provisions
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§ 70.16 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
The city shall establish and maintain all official traffic-control devices necessary within the city on city streets.
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.
§ 70.17 OBEDIENCE TO SIGNALS.
(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device
placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public
departments or public utilities of the city, or any electric signal, gate, or watchman at railroad crossings, unless
otherwise directed by a police officer. However, the type and the right to or necessity for the barrier or sign must be
approved by the city.
(B) The sign, signal, marking, or barrier shall have the same authority as the personal direction of a police
officer.
§ 70.18 INTERFERENCE WITH SIGNALS.
No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official
control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof.
Penalty see § 10.99
§ 70.19 UNAUTHORIZED SIGNALS OR MARKINGS.
(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any
unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official
traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which
conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or
signal. Nothing in this section shall be construed as restricting any public department or public utility of the city in
any emergency or temporarily from marking or erecting any traffic barrier or sign whose placing has been approved
by the city.
(B) Every 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.
2001 S-4
8
CHAPTER 71: TRAFFIC RULES
Section
Operation Generally
71.01
71.02
71.03
71.04
71.05
Obstructing traffic
Reverse or U turns
Backing vehicles
Vehicles crossing sidewalks
Rail traffic
Parades
71.20
71.21
71.22
71.23
71.24
71.25
71.26
71.27
71.28
71.29
71.30
71.31
Definitions
Permit required
Application for permit
Standards for issuance of permit
Notice of rejection of permit
Appeal procedure when permit denied
Alternative permit
Notice to city and other officials when permit issued
Contents of permit
Duties of permittee
Public conduct during parades
Revocation of permit
OPERATION GENERALLY
§ 71.01 OBSTRUCTING TRAFFIC.
(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to
create an obstruction thereof.
(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is
sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the
passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be
located at the intersection or crosswalk.
(C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall
be marked in such distinctive manner as to indicate its importance. Should the operator of any vehicle enter any
intersection so marked when there is insufficient room on the other side of the
9
10
intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he/she shall be
deemed to have violated this division rather than division (B) above.
§ 71.02 RESERVED.
§ 71.03 RESERVED.
§ 71.04 VEHICLES CROSSING SIDEWALKS.
(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent
or temporary driveway or by special permit from the Chief of Police 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.
§ 71.05 RAIL TRAFFIC.
No rail, train or other traffic may travel at a speed greater than 40 miles per hour through the city.
PARADES
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or
1995 S-1 Repl.
Traffic Rules
11
PARADE. Any march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display,
in or upon any street, sidewalk, park or other public place in the city.
PARADE PERMIT. Written authority from the city for a parade, as required in this subchapter.
('73 Code, § 19-80) (Ord., passed 8-21-67)
§ 71.21 PERMIT REQUIRED.
(A) No person shall engage in, participate in, aid, form, or start any parade unless a parade permit has been
obtained from the Chief of Police.
(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.
('73 Code, § 19-81) (Ord., passed 8-21-67) Penalty, see § 10.99 .
(C) In addition, the permittee is required to obtain any state department of transportation permit for state
maintained highways as required by state law.
§ 71.22 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided
by such officer.
(A) Filing period. The application for a parade permit shall be filed with the Chief of Police not less than five
days nor more than 20 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 (or persons) seeking to conduct the parade;
(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address,
and telephone number of the headquarters of the organization and of the authorized and responsible heads of the
organization;
(3) The name, address, and telephone number of the person who will be the parade chairperson 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;
1995 S-2 Repl.
12
(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, parks, or other public places proposed to be traversed;
(9) The location by streets of any assembly area for the parade;
(10)
The time at which units of the parade will begin to assemble at any assembly area or areas;
(11)
The interval of space to be maintained between units of the parade;
(12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant,
the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply
for the permit on his/her behalf;
(13) Any additional information which the Chief of Police shall find reasonably necessary to a fair
determination as to whether a permit should issue.
§ 71.23 STANDARDS FOR ISSUANCE OF PERMIT.
The Chief of Police or other authorized city official shall issue a parade permit when, from a consideration of
the application and from other information obtained, he/she finds that:
(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic
contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great a number of police officers of the city
to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the
city;
(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent
normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and
areas contiguous thereto;
(D) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly
interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire;
(F) The parade is scheduled to move from its point of origin to its point of termination expeditiously and
without unreasonable delays enroute;
Traffic Rules
13
(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.
§ 71.24 NOTICE OF REJECTION OF PERMIT.
The Chief of Police shall act on the application for a parade permit within three days after the filing thereof. If
the Chief of Police disapproves the application, he/she shall mail to the applicant within three days after the date on
which the application was filed, a notice of his/her action stating the reasons for the denial of the permit.
('73 Code, § 19-84) (Ord., passed 8-21-67)
§ 71.25 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The
appeal shall be taken within ten days after notice of denial. The City Council shall act on the appeal within 20 days
after its receipt.
('73 Code, § 19-85) (Ord., passed 8-21-67)
§ 71.26 ALTERNATIVE PERMIT.
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct
of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to
accept an alternate permit shall, within three days after notice of the action of the Chief of Police, file a written
notice of the acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of,
and shall have the effect of, a parade permit under this subchapter.
('73 Code, § 19-86) (Ord., passed 8-21-67)
§ 71.27 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit,the Chief of Police shall send a copy thereof to the following:
(A) The Mayor;
(B) The County Attorney;
(C) The Fire Chief.
(D) Department of Transportation.
('73 Code, § 19-87) (Ord., passed 8-21-67)
14
§ 71.28 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 streets, sidewalks, parks, or other public places to be traversed that may be occupied by
the parade;
(F) The maximum length of the parade in miles or fractions thereof;
(G) Such other information as the Chief of Police shall find necessary to the enforcement of this subchapter.
§ 71.29 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and
ordinances. The parade chairperson or other person heading or leading the activity shall carry the parade permit on
his/her person during the conduct of the parade.
§ 71.30 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or
parade assembly or with any person, vehicle, or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive
between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are
conspicuously designated as a parade.
('73 Code, § 19-90(a), (b)) (Ord., passed 8-21-67)
Cross-reference:
Parking on parade routes, see § 72.07
§ 71.31 REVOCATION OF PERMIT.
The Chief of Police shall have the authority to revoke a parade permit issued hereunder on application of the
standards for issuance as herein set forth.
('73 Code, § 19-91) (Ord., passed 8-21-67)
CHAPTER 72: PARKING REGULATIONS
Section
Parking Generally
72.01
72.02
72.03
72.04
72.05
72.06
72.07
72.08
72.09
72.10
72.11
72.12
Obstructional parking; double parking
Manner of parking
Limitations of stopping and parking
Restrictions and prohibitions on designated streets
Parking restricted to allow street cleaning
Parking in excess of certain number of hours prohibited; towing authorized
Parking on parade route
Parking on off-street facility
Owner responsibility
Parking in parks
Parking restrictions on Public Square; on long vehicles
Fire lanes
Snow Emergency
72.25
72.26
72.27
Announcement of snow emergency
Termination of emergency
Snow emergency routes
Metered Parking
72.50
72.51
72.52
72.53
72.54
72.55
72.56
72.57
Parking meter zone
Duty of operator of vehicle to deposit coins in meter; remaining longer than allotted time prohibited
Deposit of slugs; tampering with meter; hitching animal to meter prohibited
Hours of operation
Enforcement; citation
Reserved
Parking violations
Use of funds from parking meters
Parking Prohibited
72.70
72.71
Loading and unloading zones
Parking prohibited
72.99
Penalty
Revenues from fees, fines, and forfeitures related to parking,
see KRS 65.120
15
1995 –S-1
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PARKING GENERALLY
§ 72.01 OBSTRUCTIONAL PARKING; DOUBLE PARKING.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance,
obstruction, or hindrance in or on any street, alley, or sidewalk within the city either during the day or night.
(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle
stopped or parked at the edge or curb of a street.
§ 72.02 MANNER OF PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with
its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a oneway 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) The city may establish diagonal parking at certain places, requiring the parking of vehicles at a certain
angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not
be established where the roadway space required therefor would be within ten feet of the centerline of any street.
Diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the
required angle and the width of the roadway space within which the vehicle shall park.
(D) It shall be unlawful for the operator of any vehicle to so park the vehicle so that any part thereof shall
extend beyond the lines marking the side or the rear of the space assigned for one vehicle.
§ 72.03 LIMITATIONS OF STOPPING AND PARKING.
It shall be unlawful for the operator of any vehicle to stop or park the vehicle except in a case of real emergency
or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal
at any time in the following places:
(A) On the mainly-traveled portion of any roadway or on any other place in the roadway where vehicles stand
in any manner other than as specified in § 72.02.
(B) On a sidewalk.
(C) In front of sidewalk ramps provided for persons with disabilities.
1995 S-1
Parking Regulations
17
(D) In front of a public or private driveway.
(E) Within an intersection or crosswalk, or within 25 feet of the intersection of the right-of-way line with the
intersection of any other street, road or public way. ('73 Code, § 19-38(a)) (Ord., passed 8-20-79)
(F) At any place where official signs prohibit stopping or parking. This does not apply to police officers when
operating properly identified vehicles during the performance of their official duties.
(G) Within 30 feet of any flashing beacon, traffic sign, or traffic-control device.
(KRS 189.450(5))
(H) On a public street or city-owned lot at a parking meter which registers violation.
(I) On a public street or city-owned lot at a parking meter which has been tampered with so as not to be in
operation, or which contains in the depository or visible portion a coin so mutilated or taped or otherwise arranged as
to block same or to prevent the meter from operating, or where the meter contains in the depository or visible portion
any slug, or other token which is not a United States coin.
(J) On a public street or city-owned lot upon which is placed a parking violation notice bearing the license
number of the vehicle, where the violation notice has been altered or changed or bears a date different from the date
the vehicle is parked.
(K) On the public square or in any city-owned parking lot when the vehicle is backed in toward the meter or
curb.
(L) On any public street or city-owned parking lot which is so parked as to block a parking space other than
that in which the vehicle is parked.
(M) On a public street or city-owned lot where parking is prohibited and the prohibition is so designated by
appropriate signs or markings.
(N) On the wrong side of a public street.
(O) So as to block any public street, alley, sidewalk or way.
(P) In front of any United States drive-by mail box or depository.
(Q) In front of, or so as to block any fire hydrant.
(R) On any public street, way or thoroughfare in a zone where parking is allowed only for an allotted period of
time and so designated, where the vehicle remains parked for more than the allotted time.
(S) In a private driveway or upon a public street so as to block a private driveway without the consent of the
owner or person in control of the driveway.
(T) In a private lot or space provided by any person for his/her own use or the use of the tenants or customers,
provided the lot or space is property designated by appropriate signs, where the operator of the vehicle is not a
customer or does not have the consent of the owner or person in charge the lot or space, and provided further that in
the case of reserved spaces in private lots that the person so
18
parking does not have the consent of the person for whom the space is reserved and so marked and designated. The
blocking of a private lot or designated space therein shall be deemed illegal parking.
(U) On a public street or city-owned lot, at a parking space that is reserved for any individual, department, firm
or corporation and so marked and designated by the city.
(V) At any place in violation of any other ordinance of the city which is in effect.
('73 Code, § 19-26) (Ord., passed 3-7-60)
§ 72.04 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.
(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions of a police officer or official traffic-control devices.
(B) The provisions of this section imposing a time limit on parking shall not relieve any person from the 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 yellow 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 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 as provided in schedule III 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 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 and on any street so marked.
1995 S-2
Parking Regulations
19
§ 72.05 PARKING RESTRICTED TO ALLOW STREET CLEANING.
The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the
street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to
stop on any street so designated.
§ 72.06 PARKING IN EXCESS OF CERTAIN NUMBER OF HOURS PROHIBITED; TOWING
AUTHORIZED.
Any vehicle left parked and abandoned 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.
Cross-reference:
Removal of abandoned vehicles, see § 72.25 et seq.
§ 72.07 PARKING ON PARADE ROUTE.
The Chief of Police shall have the authority, whenever reasonably 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.
The Chief of Police shall post signs 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
unposed in violation of this section.
Cross-reference:
Parades, see §§ 71.20 through 71.31
§ 72.08 PARKING ON OFF-STREET FACILITY.
(A) It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or
otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the
consent of the owner, lessee, or person in charge of property or facility.
(B) If at any time a vehicle is parked, abandoned, or otherwise trespass in violation of division (A) of this
section, the owner, lessee, or person in charge of the property or facility may have the unauthorized motor vehicle
removed in accordance with the provisions of §§ 72.20 through 72.22.
(C) Every property owner or operator of an off-street parking facility shall post signs stating thereon that the
property or parking lot or facility is privately owned and that unauthorized vehicle will be removed at the owner's
expense before exercising the authority granted in division (B).
Removal of vehicles by owners of private parking lots; signs, see KRS 189.725
1995 S-1
20
§ 72.09 OWNER RESPONSIBILITY.
If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping,
standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose
name the vehicle is registered shall be held prima facie responsible for the violation.
§ 72.10 PARKING IN PARKS.
It shall be unlawful for any person to park any motor vehicle in or on any section of any public park,
playground, play lot, or tot lot within the city not designed as a parking area or designed and regularly maintained as
a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor
vehicle parallel to a designated and regularly maintained roadway in any park or playground where at least two
wheels of the motor vehicle are resting on the roadway.
§ 72.11 PARKING RESTRICTIONS ON PUBLIC SQUARE; ON LONG VEHICLES.
(A) Motor vehicles not exceeding 18 feet in length may be parked at the outer curb of the Public Square and not
exceeding 18 feet therefrom between lines drawn.
(B) Motor vehicles more than 18 feet in length may be parked on side streets other than federal or state
highways. For unloading only, trucks may be parked between lines designated in division (A) above.
(C) On all other streets and public ways, except as prohibited or limited by this section, any automobile, truck
or other vehicle may be parked parallel with the right curb and not extending more than eight feet therefrom.
('73 Code, § 19-35) (Ord., passed 6-3-46; Am. Ord., passed 6-16-80; Am. Ord., passed 10-19-81)
Cross-reference:
Trucks, see Ch. 74
§ 72.12 FIRE LANES.
(A) Pursuant to the Kentucky Standards of Safety, adopted by the city pursuant to KRS 227.320 and other
applicable statutes, that the Fire Chief, being a Deputy State Fire Marshal is hereby authorized to establish and set up
“fire lanes” within the city. The Fire Chief shall designate the “fire lanes” by an order signed by him, directed to
the owner and/or occupant of any “fire lane” and premises adjacent to the fire lane in the city. The Fire Chief may
erect appropriate signs designating the fire lanes at his/her discretion.
(B) The Fire Chief shall cause the “fire lanes” to be observed and kept open, pursuant to the Kentucky
Standards of Safety and any person, organization, or firm parking any motor or other vehicle or other obstruction in
any “fire lane,” so designated, as set out in division (A) above shall have the motor or other vehicle or other
obstruction subject to immediate removal by any member of the Fire or
1995 S-1 Repl.
Parking Regulations
21
Police Department or any other law enforcement officer of the state. The violator will be responsible for any bill or
expense incurred to remove the obstruction from the “fire lane.”
SNOW EMERGENCY
§ 72.25 ANNOUNCEMENT OF SNOW EMERGENCY.
Whenever the Chief of Police or other authorized city official finds that falling snow, sleet, or freezing rain will
create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes be
prohibited, or whenever he/she finds on the basis of a firm forecast of snow, sleet, or freezing rain that the weather
conditions so forecasted may create a condition making it necessary that such parking be prohibited, he/she is
authorized to announce such prohibition, to become effective at a time specified by him. After the effective time of
such prohibition no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route.
However, if a fall of snow, sleet, or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m., and the Chief of
Police or other authorized city official has not announced prior to 11:00 p.m. that parking on snow emergency routes
is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until
7:00 a.m. following such fall. The prohibition of parking announced by the Chief of Police or other authorized city
official under the authority of this section shall remain in effect until he/she announces the termination of the snow
emergency, in part or in which the prohibition of parking authorized by this section shall no longer be in effect.
§ 72.26 TERMINATION OF EMERGENCY.
Whenever the Chief of Police or other authorized city official shall find that some or all of the conditions which
gave rise to the snow emergency prohibition no longer exist, he/she is authorized to declare the termination of the
emergency, in part or in whole, effective immediately on announcement. If such announcement is made other than
between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.
§ 72.27 SNOW EMERGENCY ROUTES.
The term SNOW EMERGENCY ROUTE shall mean any route designated by the Chief of Police or other
authorized city official. On such street or highway designated as a snow emergency route, special signs shall be
posted to this effect.
22
METERED PARKING
§ 72.50 PARKING METER ZONE.
(A) For the convenience and welfare of the public and a more economical and orderly regulation of parking
automobiles and other vehicles in the city, it is determined and ordained by the city that parking meters will be
installed and operated on the following streets, public ways and parking lots of the city, which will be known as the
parking meter zone.
(B) The parking meter zone shall include:
(1) Public Square;
(2) South side of Poplar Street from North Main to Cherry Alley;
(3) North side of North Main Street from US Highway 31-W to Plum Alley.
(4) Both sides of South Main Street from US Highway 31-W to Helm Street and North side of South Main
from Helm Street 150 feet West;
(5) North Main/Poplar Street lot (Old City Hall);
(6) City Hall lot;
(7) East Dixie lot;
(8) South Main Street lot; and
(9) Helm Street lot.
(C) The Department of Public Works is authorized and directed to install parking meters on the curb of certain
streets, public ways and in said parking lots, one meter installed on the curb adjacent to each parking space as
marked by white lines. Motor vehicles may be parked within the lines marking each marked space, but not across any
of said lines.
(D) Parking meters shall be equipped with a clock that will register time when operated by depositing therein a
United States coin. Said meter is to register the time that the parking meter is in use and to show by signal
“violation.” when the same has been in use over the time allowed for each coin or coins deposited in the parking
meter.
('73 Code, § 19-46) (Ord., passed 12-2-46; Am. Ord., passed 2-20-56; Am. Ord., passed 6-4-56; Am. Ord 3,
passed 1-3-94)
1995 S-2 Repl.
Parking Regulations
23
§ 72.51 DUTY OF OPERATOR OF VEHICLE TO DEPOSIT COINS IN METER; REMAINING LONGER
THAN ALLOTTED TIME PROHIBITED.
It shall be the duty of the operator or person in custody of any vehicle, immediately after parking in any parking
space within the parking meter zone, as defined in § 72.50, to deposit at least one coin in the slot of the parking
meter directly adjacent to said parking spot. Additional coins may need to be deposited for more time needed. It
shall be unlawful for said vehicle to remain longer than the time allotted for the coin or coins deposited, or after the
parking meter shows the signal “violation.”
('73 Code, § 19-49) (Ord., passed 12-2-46; Am. Ord 3, passed 1-3-94) Penalty, see § 72.99
§ 72.52 DEPOSIT OF SLUGS; TAMPERING WITH METER; HITCHING ANIMAL TO METER
PROHIBITED.
It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device of
metallic or other substitute for a coin minted by the United States of America. It shall be unlawful for any
unauthorized person to deface, injure, tamper with, or willfully break, destroy or impair the usefulness of any
parking meter installed pursuant to this subchapter, or to hitch an animal thereto.
('73 Code, § 19-50) (Ord., passed 12-2-46; Am. Ord 3, passed 1-3-94) Penalty, see § 72.99
§ 72.53 HOURS OF OPERATION.
All meters requiring coins shall be effective and in operation daily from 8:00 a.m. until 6:00 p.m. Elizabethtown
time, except Saturdays, Sundays and holidays.
('73 Code, § 19-51) (Ord., passed 3-6-72; Am. Ord., passed 10-1-73; Am. Ord., passed 6-16-80; Am. Ord 3,
passed 1-3-94)
§ 72.54 ENFORCEMENT; CITATION.
It shall be the duty of the Chief of Police or a member of the police force to make periodic inspections of
parking meters installed for use and to give citations for each violation of parking regulations. He/she shall keep a
report and list of all serial numbers of any parking meter that shows that the vehicle occupying the parking space
adjacent thereto is in violation of this subchapter. The date and hour of the violation, the make and state license
number of the vehicle and other facts necessary to an understanding of the circumstances concerning the violation
shall be on the report. He/she shall attach a copy of the citation to the vehicle instructing the owner or operator as to
the procedure for answering the citation.
('73 Code, § 19-52) (Ord., passed 9-20-54; Am. Ord., passed 6-19-67; Am. Ord 3, passed 1-3-94)
§ 72.55 RESERVED.
1995 S-1
24
§ 72.56 PARKING VIOLATIONS.
(A) From and after the passage, approval and publication of this ordinance, the city hereby elects to enforce
vehicle parking ordinances and laws as civil violations pursuant to the provisions of KRS 82-600 - 82-640.
(B) The parking spaces on Public Square shall NOT be metered.
(C) There is imposed a 1 hour time limitation for parking on the Public Square.
(D) All other public parking lots that are presently metered shall remain metered.
(E) The cost for parking in the metered spaces shall remain at $0.25 per hour.
(F) In the event there is a violation of the parking time allotted, then the following fines shall be levied for said
violation:
(1) Public Square. A fine shall be levied for overtime parking on the Public Square spaces of $10.00 for
the initial violation and one dollar per hour thereafter. For every repeat offender, the fine will be increased by
increment of $10.00 per violation.
(2) Public parking lots. In all Public Parking Lots a fine of one dollar ($1.00) shall be levied for the first
violation and five dollars ($5.00) if not paid within two (2) hours after the violation time and one dollar ($1.00) per
hour thereafter.
Any person, firm or corporation may appeal any fine hereinafter levied to the Elizabethtown Code
Enforcement Board by notification of the Code Enforcement Official in writing of the Appeal, not more than seven
(7) days after the date of the violation. The provisions concerning the hearing process and determination by the Code
Enforcement Board shall be as set out in Ordinance No. 09-2003 as adopted on April 21, 2003.
(G) The parking ordinance shall mean an ordinance regulating vehicles parking, standing, or stopping upon
public streets or ways within the city, including but not limited to all city parking lots.
(1) The Parking Enforcement Hearing Board shall mean the Code Enforcement Board as enacted by
Ordinance No. 09-2003.
(2) Vehicle shall mean motorized, horse-drawn or other means of carrying or transporting something.
(3) All violations shall be classified as either a “Minor Violation” or a “Major Violation”.
(4) Major Violation shall include the blocking of any public street, private lot or space, intersection,
public or private entrance to a parking space or driveway, parking within 25 feet of any corner or intersection and
parking in a fire lane or within 10 feet of any fire plug and failure of registered owner to pay a minor or major
violation within 20 days after it is issued. It shall include parking on a public sidewalk if the same results in a
hazardous condition. Minor Violation shall include but not be limited to: overtime parking on all metered spaces,
parking in a prohibited or restricted zone, parking on a public sidewalk, parking on the left hand side of a street on
which 2-way traffic is permitted, backing into a space with a parking meter, not parking within a space with a
parking meter, not parking within designated lines at a parking space and parking within 10 feet of the U.S. Mail
Box during pick up and delivery hours.
2005-S-4
25
Parking Regulations
(5) The registered owner shall be liable and responsible for paying all violations for fees, fines, and
charges.
(6) Any vehicle found in violation of Major Violation may be towed, pursuant to KRS 82.625.
(7) Fines and punishment for violations under this ordinance and fees for towing, handling, and storage
charges shall be set out in § 72.99.
(8) The impoundment and towing provisions of KRS 82.625 are hereby adopted. The city may in the
enforcement use a wheel immobilizer instead of actually towing the vehicle if available.
(Ord. 34, passed 10-21-91; Am. Ord. 26, passed 11-1-93; Am. Ord 3, passed 1-3-94; Am. Ord. 23-2003, passed 0818-03)
§ 72.57 USE OF FUNDS FROM PARKING METERS.
(A) All money deposited in the parking meters, as provided herein, shall be levied and assessed as a fee to
provide for the following:
(1) Proper regulation;
(2) Control and inspection of traffic upon the public streets of the city;
(3) Cover the cost of supervision;
(4) Regulation and inspection of parking of vehicles in the parking meter zone; and
(5) Payment of the cost of installation and repair of parking meters.
(B) Any excess funds may be used to offset the costs of providing general governmental services for the city.
(Ord 3, passed 1-3-94)
PARKING PROHIBITED
§ 72.70 LOADING AND UNLOADING ZONES.
The following is designated as loading and unloading zones only; parking, except for loading and unloading, is
prohibited.
Street
Strawberry Alley
Location
From South Main Street to
Quince Alley
('73 Code, § 19-15) Penalty, see § 72.99
1995 S-1
Ord. No.
—
Date Passed
3-18-74
26
§ 72.71 PARKING PROHIBITED.
All parking and stopping of any motor vehicle, trailer or any kind of vehicle or structure shall be prohibited on
the following streets.
Street
Side
Location
Ord. No.
Date Passed
Alley between
228–212 S. Main
Amandajo Drive
Central Avenue
West
Both
North
College Street
Road
South
College Street
Road
North
College Street
Road
Right-of-way
Commerce Drive
Both
Dixon Avenue
South
East Poplar Street
(two hours parking
limit)
Evergreen Trail
South
Both
S. Main St. to
Hardin County Jail
Full Length
From US Highway
31 W to Poplar St.
From South
Mulberry to a point
perpendicular to the
center line of Terry
Court
From South
Mulberry to South
Miles St.
From US Highway
31 W By-Pass to US
Highway 62 West
for the entire length
of College Street Rd
From North
Mulberry Street to
Executive Drive
The full length
Between North
Main St. & Central
Ave.
1200 feet from Ring
Road Intersection
The full length
The full length
The full length
32
05-2003
2
1-3-94
2
1-3-94
2
1-3-94
32
12-19-94
—; 36; 10; 8; 2
10-2005
7-1-85; 11-7-88;
3-6-89; 3-5-90;
1-3-94
04-18-05
36-2007
11-05-07
Both
Gates Road
Both
From Peters Dr.
west 455 feet
—; 36; 10; 8; 2
Haycraft Street
South
—; 36; 10; 8
Heartland Drive
Both
From US Highway
31 to Moon Street
The full length
Helm Street
Both
2008-S-1
From South Main
St. to South
Mulberry
02-18-2003
1-3-94
2
Executive Drive
Flora Court
Franklin Avenue
South
12-19-94
32
22-2003
—; 36; 10; 8; 2
1
12-19-94
08-04-2003
7-1-85; 11-7-88;
3-6-89; 3-5-90;
1-3-94
7-1-85; 11-7-88;
3-6-89; 3-5-90;
1-3-94
7-1-85; 11-7-88;
3-6-89; 3-5-90
1-6-97
2
1-3-94
27
Parking Regulations
Street
Side
Helm Street
North
Henry Street
North
Henry Street
North
Hickory Lane
Both
Lakeview Drive
Magnet Drive
Mercer Street
Both
Right-of-way
Both
Morningside Drive
North
Morningside Drive
South
(Mon. - Fri.)
(6 a.m. - 4 p.m.)
Right-of-way
North Black Branch
Road
Location
From South Mulberry
500 feet
northwestwardly
From Poplar St.
eastwardly 300 feet
From West Warfield
St. to Beech St.
From Gates Road to
Charlamagne
The full length
The full length
300 feet from the
intersection with
Woodland Drive
From 430 west of
Springdale Drive to
340 feet east of
Springdale Drive
From 430 feet west of
Springdale Dr. to
Hagan Ave.
Between Leitchfield
Rd. (US 62) & Ring
Rd.
From US Highway 31
W to Williams St.
From Plum Alley to
Poplar St.
The full length
Ord. No.
Date Passed
2
1-3-94
2
1-3-94
2
1-3-94
32
12-19-94
2
2
30
—; 36; 10; 8; 2
2
13-2007
1-3-94
1-3-94
09-07-99
7-1-85; 11-7-88; 36-89; 3-5-90; 1-394
1-3-94
04-02-07
North Main Street
Southeast
North Main Street
North
Peterson Drive
Both
Poplar Drive
South
Poplar Drive
North
Poplar Street
North
Poplar Street
Both
Poplar Street
West
From N. Miles St to
Poplar Drive
05-2006
02-21-06
Ruby Drive
Both
The full length
05-2003
02-18-2003
2008-S-1
From US Highway 31
W eastwardly 130 feet
From US Highway 31
W to Poplar St.
From Central Ave. to
North Mantle Ave.
From North Mantle
Ave. to the Helmwood
Shopping Center
property
2
1-3-94
2
1-3-94
—; 36; 10; 8; 2
2
7-1-85; 11-7-88; 36-89; 3-5-90; 1-394
1-3-94
2
1-3-94
2
1-3-94
2
1-3-94
28
Street
Side
South Mantle
Northwest
Sycamore Street
Both
University Drive
Veterans Way
Warfield Street
Right-of-way
Both
South
West Park Road
Right-of-way
Location
Pennsylvania West
to its terminus
From US Highway
31 W to Poplar
The full length
The full length
From North
Mulberry to
Churchill Court
The full length
Ord. No.
Date Passed
25
9-18-95
2
1-3-94
2
13-2004
2
1-3-94
7-19-04
1-3-94
2
1-3-94
('73 Code, § 19-39) (Ord 2, passed 1-3-94; Am. Ord. 32-1994, passed 12-19-94) (Ord. 13-2004, passed 7-19-04)
§ 72.72 TEMPORARY RESTRICTIONS; DUTIES OF CITY ENGINEER.
(A) It shall be the duty of the City Engineer to from time-to-time check the prohibited or restricted areas and to
promulgate rules of a temporary nature which shall cause restrictions and prohibitions of parking and stopping on
various streets and intersections not inconsistent with the terms of this subchapter.
(B) The order shall be dated and signed by the City Engineer. He/she shall cause traffic signs to be erected in
all such places, if an emergency exists requiring the rules and signs to be erected. The original of these rules shall be
kept in the Office of the City Clerk.
(C) These rules shall have the force and effect of law and violations thereof shall be punished as hereinabove
restricted and prohibited by the City Council. Due considerations shall be given by the City Engineer at intersections
where prohibition or restrictions are appropriate for visibility and safety purposes.
(D) At the end of each calendar year, beginning with December 1994, all of such rules shall be documented and
approved and passed by the City Council.
§ 72.99 PENALTY.
(A) There is hereby levied the following fines for the following violations of the provisions of this chapter:
Type of Violation
Overtime parking at meters (less than two hours)
Penalty
$1
Excessive overtime (more than two hours/within 7 days)
5
Double parking or blocking parking by others
5
29
Parking Regulations
Type of Violation
Penalty
Parking within ten feet of any fire plug or in the area marked adjacent
to the fire plug
5
Parking in a prohibited zone or parking partially in more than one
parking space
5
Parking in a manner so that vehicle does not face the parking meter
5
Parking in parking space reserved and marked for handicapped parking
by persons nonhandicapped
25
All other first offense minor violations
5
Subsequent violations within one year of 1st violation
10
All first offense major violations
10
All subsequent violations within one year of 1st violation
15
All major violations may be impounded and towed or immobilized with
the following towing fees
Storage charges for each impounded vehicle
25 to 75
8.50 to 16
('73 Code, § 19-27) (Ord., passed 6-16-80)
(B) Any person receiving a citation for any parking violation in the city for which no other penalty is
specifically provided shall be deemed guilty of a violation and shall be fined in an amount not less than $20 nor more
than $100. (KRS 189.990(1))
The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement
Board enacted on the 30th day of April, 2003, by Ordinance No. 09-2003.
All appeals of any citations issued for parking violations under this Section shall be taken before the Code
Enforcement Board.
The Code Enforcement Board is designated as the hearing board required to be established by the City pursuant
to KRS 82.600. The Code Enforcement Board is empowered to conduct hearings pursuant to KRS 82.605 through
82.640. The procedure for the appeal shall be governed by KRS 82.620.
(Ord. 19-2003, passed 06-23-2003)
2003-S-4
30
CHAPTER 73: BICYCLES AND MOTORCYCLES
Section
73.01
73.02
73.03
73.04
Bicycle facilities plan adopted
Operation of bicycles, motorcycles, and the like
Skating and coasting
Clinging to vehicles
Cross-reference:
Required obedience to traffic directions, see § 70.02(C)
§ 73.01 BICYCLE FACILITIES PLAN ADOPTED.
The “Elizabethtown Bicycle Facilities Plan” dated June, 1980, is approved by the city and adopted by reference
as set out in the document attached to Ord., passed 12-22-80 and designated Exhibit “A”.
('73 Code, § 19-17) (Ord., passed 12-22-80)
§ 73.02 OPERATION OF BICYCLES, MOTORCYCLES, AND THE LIKE.
(A) No person shall operate a bicycle on any section of a public park, playground, play lot, or tot lot, except on
a roadway or in a parking area.
(B) No operator of any motorcycle, motorscooter, or power-driven bicycle shall carry another person except on
a seat attached thereto or in a side car attached to the vehicle.
(C) No operator of a motorcycle, motorscooter, or power-driven bicycle shall operate the vehicle in any public
park, except on a roadway or in a parking area.
(D) No operator of a motorcycle, motorscooter, or power-driven bicycle shall operate the vehicle in any play
lot or tot lot.
(E) It shall be unlawful for any person to ride a bicycle, motorcycle, motorbike, motor scooter or motor car, on
the sidewalks.
§ 73.03 SKATING AND COASTING.
Except on streets which may be declared from time to time as “play streets” by the city and protected by
barriers or official signs, it shall be unlawful for any person on skates, blades, boards, or riding on a coaster sled or
toy vehicle of any kind, to go on any roadway except at a crosswalk.
31
32
§ 73.04 CLINGING TO VEHICLES.
(A) No person while riding on a bicycle, coaster sled, roller skates, blades, or boards, or any toy vehicle shall
cling to any moving vehicle on any street, or fasten or attach the vehicle on which he/she is riding thereto.
(B) No person shall ride on the projection, running board, or fenders of any vehicle.
CHAPTER 74: TRUCKS
Section
74.01
74.02
74.03
74.04
74.05
Truck weight limit
Weighing of vehicle
Parking of trucks; time limit
Truck route designations
Truck traffic prohibited
§ 74.01 TRUCK WEIGHT LIMIT.
It shall be unlawful for any person to require or knowingly permit, the operation upon the streets of any motor
truck, semi-trailer truck, or trailer which exceeds 18,000 pounds gross weight per single axle, or 44,000 pounds for
vehicle and load.
§ 74.02 WEIGHING OF VEHICLE.
Any peace officer having reason to believe that the weight of any motor truck, semi-trailer truck, or trailer, is in
excess of the maximum weight prescribed herein, or permitted by any special permit issued under the provisions of
KRS 189.270, may weigh it either by portable or stationary scales and may require it to be driven to the nearest
scales.
('73 Code, § 19-10) (Ord., passed 4-7-52)
§ 74.03 PARKING OF TRUCKS; TIME LIMIT.
(A) It shall be unlawful for anyone to park trucks, which trucks are longer than 20 feet, on the streets
overnight, except in case of breakdown or other emergency. ('73 Code, § 19-31) (Ord., passed 7-21-52)
(B) No truck, other than a light commercial truck of three-quarters ton capacity, or less, shall be parked more
than two hours continuously on any street in the city which is zoned residential according to the zoning map of record
in the Planning Department. ('73 Code, § 19-32) (Ord., passed 8-20-56)
Cross-reference:
Parking restrictions in Public Square; on long vehicles, see § 72.11
33
34
§ 74.04 TRUCK ROUTE DESIGNATIONS.
Routes for all trucks traveling through or traversing through the city on U.S. Highway 31 W and U.S. Highway
62 are designated as follows:
(A) For all truck traffic going North on U.S. Highway 31 W, to proceed from the intersection of U.S. Highway
31 W, Kentucky Highway 61, and the Western Kentucky Parkway in a northerly direction, via the Western Kentucky
Parkway and the U.S. Highway 31 Bypass to U.S. Highway 31 W at the intersection of U.S. 31 W and U.S. 31 W
Bypass.
(B) For all truck traffic going south on U.S. Highway 31 W to proceed from the intersection of U.S. Highway
31 W and U.S. Highway 31 W Bypass, by way of U.S. Highway 31 W Bypass in a southerly direction to the
Western Kentucky Parkway and via the Western Kentucky Parkway in a southerly direction to the intersection of the
Western Kentucky Parkway, Kentucky Highway 61 and U.S. Highway 31 W.
(C) For all truck traffic going west on U.S. Highway 62, all truck traffic shall proceed from the intersection of
I 65 with U.S. Highway 62 and Kentucky Highway 61, in a westerly direction, via I 65, the Western Kentucky
Parkway, and the U.S. Highway 31 W Bypass to the interchange of U.S. 31 W Bypass and U.S. 62.
(D) For all truck traffic going east on U.S. Highway 62, it shall proceed from the intersection of U.S. Highway
31 W Bypass and U.S. 62, in a southerly or westerly direction onto U.S. Highway 31 W Bypass to the Western
Kentucky Parkway and continuing by way of Western Kentucky Parkway to its intersection with I 65 and continuing
on I 65 in a northerly direction to the intersection of I 65, Kentucky Highway 61 and U.S. Highway 62.
(Ord. 4, passed 1-7-91)
§ 74.05 TRUCK TRAFFIC PROHIBITED.
Through truck traffic of trucks over three-quarters ton is prohibited on the following streets unless as specifically
permitted otherwise by the Police Department, local residential deliveries excepted.
Street
Brown Lane
Charlemagne Boulevard
Cherrywood Avenue
Childers Court
Clifford Drive
Deepwood Drive
Edgewood Avenue
2005-S-2
Location
Ord. No.
Date Passed
22-1977
-22-1977
36-1981
09-1977
22-1977
22-1977
06-06-1977
10-21-1974
09-06-1977
08-17-1981
03-21-1977
09-06-1977
09-06-1977
35
Trucks
Street
El Dorado Drive
French Street
Greenwood Drive
Hill Street
Long Avenue
Mercer Street
Moon Street (40,000
pounds GVW)
Nalls Court
Nicholas Street (40,000
pounds GVW)
North Black Branch Road
Location
From Mulberry Street
to Miles Street
From Sunny Street to
Pierce Street
Between Ring Road &
US 62
North Main Street
Pierce Street (40,000
pounds GVW)
State Street
Sunny Street (40,000
pounds GVM)
Valley Road
Willow Creek Drive
(12,000 pounds GVW)
('73 Code, § 19-16) Penalty, see § 10.99
2005-S-2
Ord. No.
Date Passed
09-1977
22-1982
03-21-1977
05-17-1982
09-1977
22-1977
22-1977
22-1977
33-1990
03-21-1977
09-06-1977
09-06-1977
09-06-1977
11-19-1990
22-1977
33-1990
09-06-1977
11-19-1990
24-2004
12-06-2004
23-1990
33-1990
09-04-1990
11-19-1990
22-1977
33-1990
09-06-1977
11-19-1990
22-1977
15-1990
09-06-1977
05-21-1990
36
CHAPTER 75: TRAFFIC SCHEDULES
Schedule
I.
II.
III.
IV.
V.
One-way streets
Speed limits
Stop intersections
Turning restricted
No Through Vehicular Traffic
SCHEDULE I. ONE-WAY STREETS.
(A) One-way streets and alleys at all times. The following are streets and alleys are designated one-way in the
directions indicated.
Street
Location
Beech Street
East right-of-way line to
Perry Avenue to its
intersection with
Crutcher Lane
Crutcher Lane
From intersection with
Mallory Street to its
intersection with Beech
Street
E. Dixie Parking
Lot
Traffic may enter lot
from US 31 W on south
side and exit from
Quince Alley on US 31
W Northerly (right turn
only)
E. Dixie Parking Lot
From US Hwy. 31W
into parking lot entrance
on south side of lot.
Turn from parking lot
onto 31W in Northerly
direction (right turn
only)
Direction
Northwesterly
Southerly
Date Passed
—
—
—
10
37
2010 S-1
Ord. No.
5-18-92
38
Street
Location
Direction
Ord. No.
Date Passed
Plum Alley
From its intersection with
south right-of-way line of
Mulberry Street to its
intersection with the
north right-of-way line of
Cherry Alley
Southerly
—
12-2-68;
9-17-73; 4-2-79
Plum Alley
From Central Avenue to
Quince Alley
Northerly
—
12-2-68;
9-17-73; 4-2-79
Quince Alley
Traffic may enter Quince
Alley from Dixie
Avenue, but shall not
enter Dixie Avenue from
Quince Alley
Two unnamed
alleys
Between N. Miles and
Henry Street
('73 Code, §§ 19-2,19-4, 19-8)
1995 S-1 Repl.
—
11-6-50
—
39
Traffic Schedules
(B) One-way streets during certain hours. The flow of traffic on the streets hereinafter set out shall be one-way
in the direction hereinafter indicated from the hours of 6:00 a.m. to 5:00 p.m., Monday through Friday of each
week.
Street
Location
Direction
Ord. No.
Date Passed
Beech Street
From Miles Street to
Elizabethtown
Independent School's
property
West
—
10-1-56
Hardin Street
Elizabethtown
property
West
—
10-1-56
Mallory Street
Elizabethtown
property
East
—
10-1-56
('73 Code, § 19-3) Penalty, see § 10.99
40
41
Traffic Schedules
SCHEDULE II. SPEED LIMITS.
(A) 25-mile per hour streets. No motor or other vehicle of any nature may travel at a speed greater than 25
miles per hour on any city streets, except as provided hereafter.
(B) 35-mile per hour streets. The speed limit shall be 35 miles per hour on the following streets. The speed
limit of 35 miles per hour is a reasonable and safe speed under the conditions found to exist on any street listed in
this division. The speed limit is based upon an engineering and traffic investigation as to a reasonable and safe speed.
Street
Location
Altec Drive
Ord. No.
Date Passed
19-2002
09-16-2002
College Street Road
French Street
5-5-72
From its terminus with
North Mulberry to its
terminus at North
Miles/Shepherdsville
Road
North Main Street
Pear Orchard Road
From its terminus with
North Miles to
Edgewater Drive
Peterson Drive
6-15-81
Pine Valley Drive
From US 31W to the
junction of Pine Valley
Drive with St. Andrews
Way
Springfield Road
From Kennedy St. to
I-65 overpass
Westport Road
6-1-81
Woodland Drive
N. Black Branch
Road
2004-S-1
From Ring Road
westerly to the city
limits
5
3-18-96
42
(C) 45-mile per hour streets. The speed limit shall be 45 miles per hour on the following streets. The speed limit
of 45 miles per hour is a reasonable and safe speed under the conditions found to exist on any street listed in this
division. This speed limit is based upon an engineering and traffic investigation as to a reasonable and safe speed.
Street
Location
Pear Orchard Road
From its intersection with
Edgewater Drive to the Ring
Road
Veterans Way
The Full Length
Ord. No.
—;—
13-2004
Date Passed
12-2-85; 12-16-85
07-19-2004
('73 Code, § 19-1.3)
(C) Penalty. Whoever violates any provision of Schedule II, Speed Limits shall be subject to a fine in
accordance with the schedule of fines established under KRS 189.394.
2004-S-3
TRAFFIC SCHEDULES
43
SCHEDULE III. STOP INTERSECTIONS.
(A) Four-way stop intersections. The following intersections are designed four-way stop intersections. Any and all
motor or other vehicles shall be brought to a stop at the stop signs so erected at the intersection before
proceeding through the intersection. The motor or other vehicles shall then proceed through the intersection
after the other motor or other vehicles previously stopped, have cleared the intersection. When two vehicles
approach or enter the intersection from different roadways at the same time, the operator of the vehicles on the
left shall yield the right-of-way to the vehicles on the right. (‘73 Code, 19-5.1) (Ord. Passed 4-7-86).
INTERSECTION
Charlemagne Blvd. and Hickory
Lane
Chestnut Street & Elm Road
Churchill Court and W. Warfield
Street
Clifford Drive with Greenwood
Drive and El Dorado Drive
Diecks Drive and Village Drive
Dolphin Drive and North Ridge
Drive
Peachtree and Pennsylvania
Avenue
East Poplar Street and Central
Avenue
West Poplar and Sunset Road
Hagan Avenue and Perry Avenue
Hawkins Drive and Steel Drive
Helm Street, Pennsylvania Avenue
and South Maple
Henry Street and Hardin Street
Lee Road and Balmoral
McCullum Avenue and Dogwood
Drive
Meadow Lane and Mantle Avenue
Morningside Drive and Meadow
Lane
North Main and East and West
Poplar Street
2005-S-2
ORDINANCE NO.
25-1999
DATE PASSED
09-07-99
01-2005
-;-
02-07-05
-
-;-
6-16-69; 6-16-80; 8-27-93
-;26-1999
6-19-69; 6-16-80; 8-27-93
09-07-99
-;-
10-1-73
-;-
8-27-93
-;-;40-2003
-;-
8-27-93
12-15-03
9-20-93
-;-;-;-
6-16-69; 6-16-80; 8-27-93
6-16-69; 6-16-80; 8-27-93
6-16-69; 6-16-80; 8-27-93
-;-;-
6-16-69; 6-16-80; 8-27-93
-
-;-
8-27-93
44
Elizabethtown-Traffic Code
INTERSECTION
ORDINANCE NO.
DATE PASSED
North Mantle Avenue and
Springdale Street
-;-
6-19-69; 6-16-80; 8-27-93
Par Lane and Greenway Drive in
Country Club Villa Subdivision
-;-
6-16-69; 6-16-80; 8-27-93
Park Avenue and College Avenue
-;-
6-16-69; 6-16-80; 8-27-93
Park Avenue and Willow Creek
Drive
-;-
-
Peachtree Street and Pennsylvania
Avenue
-;-
6-16-69; 6-16-80; 8-27-93
Pennsylvania Avenue and South
Mantle Avenue
-;-
6-16-69; 6-16-80; 8-27-93
Quail Run Road and Lakewood
Drive
-;-
8-27-93
Quail Run Road and Oriole Drive
5
1-21-93; 8-27-93
Sunset Drive and West Poplar
Street
-;-
3-15-71
Sycamore Street and W. Poplar
Street
-;-
-
Valley Creek Road and Hawkins
Drive
-;-
-
Wall Street and Plum Alley
-;-
-
W. Poplar and N. Mantle Avenue
-;-
-
W. Poplar and N.Miles Street
-;-
-
White Oak Drive and Elm Road
4
3-4-96
Silk Oak Dr. and Lakewood Dr.
15
8-5-96
15
8-5-96
Amanda Jo Dr. and Ruby Dr.Ruby Court
(‘73 Code 19-5)
1996-S-5
45
Traffic Schedules
(B) Three-way stop intersections. Any and all motor vehicles shall be brought to a complete stop at the
stop sign so erected at the intersection before proceeding through the intersection. The motor or other vehicle
shall then proceed through the intersection after the other motor or previously stopped vehicles have cleared the
intersection. When two or more vehicles approach or enter the intersection from different roadways at the same
time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Intersection
Ord. No.
Date Passed
College Street and South Miles
Street
Concord Court and Fleming Drive
9-1989
3-6-89;8-27-93
27-1999
09-07-99
('73 Code, § 19-7.1)
(C) Two-way stop streets. Any and all motor or other vehicles shall be brought to a stop at the stop signs
so erected at the intersection before proceeding through the intersection. The motor or other vehicles shall then
proceed through the intersection after the other motor or other vehicles previously stopped, have cleared the
intersection. When two vehicles approach or enter the intersection from different roadways at the same time, the
operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right. ('73 Code, § 19-5.1)
(Ord., passed 4-7-86)
Stop Street
Through Street
Ord. No.
Date Passed
Black Branch Road
Ring Road
—; —; —
1-16-56; 4-15-74;
5-19-86
Cherry Alley
Vega Alley
—; —; —
1-16-56; 4-15-74;
5-19-86
Plum Alley
Wall Street
—; —; —
1-16-56; 4-15-74;
5-19-86
('73 Code, § 19-7) Penalty, see § 10.99
1999 S-5
46
SCHEDULE IV. TURNING RESTRICTED.
(A) No-left-turn intersections. It shall be unlawful for any person or persons, firm or corporation, to cause
a motor vehicle to turn left onto U.S. Highway 31-W from the following streets:
Street
Ord. No.
Date Passed
North Maple
—
5-15-72
South Maple
—
5-15-72
Sunset Drive
—
5-15-72
Sycamore
—
5-15-72
Village Drive
—
5-15-72
Washington Street
—
5-15-72
('73 Code, § 19-14)
(B) No-right-turn intersections for tractor-trailer trucks. No right turn shall be attempted or completed by
the operator of any tractor-trailer truck from Mulberry Street onto the following streets.
Street
Ord. No.
Date Passed
Dixie Avenue
—
9-15-86
Poplar Street
—
9-15-86
('73 Code, § 19-14.1) Penalty, see § 10.99
SCHEDULE V. NO THROUGH VEHICULAR TRAFFIC
Street
Plum Alley
Location
North Mulberry Street and
Raspberry Alley
(Ord. No. 13-2009, passed 09-08-09)
2010-S-1
Ord. No.
13-2009
Date Passed
09-08-2009
CHAPTER 76: SOLICITATION ON THE CROSSWALKS, HIGHWAYS,
INTERSECTION OR ROADWAYS
Section
1.
2.
3.
4.
5.
Purpose and Findings
Definitions
Criteria for Permit Application and Approval
Unauthorized Activities
Penalties, Remedies, Appeals
§ 76.01 PURPOSE AND FINDINGS
Whereas, it is within the City of Elizabethtown’s power and other general and specific grants of power to
regulate solicitation on its crosswalks, highways, intersections and roadways, and
Whereas, Kentucky Revised Statutes 189.570 (21) provides that “No person shall stand on a highway for the
purpose of soliciting contributions unless such soliciting is designated by the presence of traffic control device or
warning signal or an emergency vehicle or public safety vehicle as defined in KRS 189.910 making use of the
flashing rotating or oscillating red, blue or yellow lights on such devices or vehicles,” and
Whereas, it is the intent of the Elizabethtown City Council to provide for roadblock solicitation under very
orderly and controlled circumstances by extending the restrictions of the Kentucky Revised Statues to assure
vehicular and pedestrian safety within the City’s corporate limits.
It shall be unlawful for any person to solicit on the crosswalks, highways, intersections or roadways within
the City of Elizabethtown unless such solicitation is in accordance with the Kentucky Revised Statutes and the
administrative regulations of the City.
(Ord. 7, passed 05/01/2000)
§ 76.02 DEFINITIONS
Person means any individual, partnership, trustee or corporation. A person does not have to reside in the
City limits of Elizabethtown for the purpose of this ordinance.
Solicitation is the act of a person standing at or travelling on or near a crosswalk, highway, intersection or
roadway and taking, or attempting to take, money contributions, or making a sale of, or taking orders for the sale of,
any personal property for future delivery or for services. This definition also includes a person standing in the
median, crosswalk, highway, intersection or roadway for the purpose of advertising a sale or services.
Crosswalk means (a) that part of roadway at an intersection within the connections of the lateral lines of the
sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the
traversable roadway; or (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
Highway means any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the
approaches to them.
Intersection means (a) the area embraced within the prolongation or connection of the lateral curb lines, or if
none, then the lateral boundary lines of the roadways of two (2) highways, which join one another, but not
necessarily continue, at approximately right angles or the area within which vehicles traveling upon different
highways joining at any other angle may come into conflict; or (b) where a highway includes two (2) roadways thirty
(30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway
shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a
separate intersection. The junction of a private alley with a public street or highway shall not constitute an
intersection.
47
2002-S-3
48
Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel,
exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term
roadway” as used herein shall refer to any roadway separately but to all such roadways collectively.
Permit means a form that upon completion provides the requested date, time and place of solicitation and
documents compliance with those other requirements set forth in Section 76.03 of this Ordinance. A permit is not
valid until it is marked “APPROVED” and is signed by the Chief of Police or his/her designatee. Solicitation may
not legally occur in the City without an approved permit. The permit shall be in the possession of the organization at
the site of the solicitation on the specified date. Solicitation may only occur on the dates, hours and locations
approved by the City.
(Ord. 7, passed – 05/01/2000)
§ 76.03 CRITERIA FOR PERMIT APPLICATION AND APPROVAL
Permits shall be issued only to charitable organizations with an association to Hardin County.
All Persons, organizations, partnerships, etc., desiring to solicit on roadways within the corporate limits of
Elizabethtown shall complete a permit application form in the office of the Chief of Police.
The permit application shall provide the following information:
(a) Name and address of responsible person who will meet all requirements and be responsible for persons
soliciting and money collected;
(b) Organization represented and acknowledgement by applicant that it is a bona fide charitable
organization and that the funds collected will be used only for the purpose stated;
(c) The objective for the funds;
(d) Names of all participants;
(e) Identification that will be provided on site of solicitation;
(f) Assurance that all participants in the roadblock will be provided with orange or other approved traffic
safety vests. At anytime a participant in the road block solicitation fails to properly wear a safety vest,
the City Police shall order the activity stopped immediately. All participants must sign a waiver that if
injured on City property that the City will not in any way be responsible for their injuries, that all risk
of injury is on the participant.
(g) Location, dates and hours of the solicitation event;
(h) Application must be approved fourteen (14) days prior to the activity;
(i) The City Clerk of the City of Elizabethtown shall maintain a calendar that schedules solicitation
activities in the City of Elizabethtown. Said calendar shall be maintained to allow no more than one (1)
solicitation activity per organization per calendar month. Solicitation events may be scheduled for any
month in a calendar year. Said calendar is to run January 1 to December 31 of each year. Dates for
solicitation shall be granted on a first request basis;
(j) It shall be the obligation of all organizations soliciting on a public roadway within the City limits of
Elizabethtown to place a sign on site to identify the organization and to have available a receipt to all
individuals making a contribution.
(Ord. 7, passed – 05/01/2000)
§ 76.04 UNAUTHORIZED ACTIVITIES
(a) Solicitors are prohibited from crossing lanes of traffic or darting between vehicles at all times.
(b) All solicitors must be at least 18 years of age.
(c) All children under the age of 18 are prohibited from accompanying solicitors.
(d) Solicitors shall not make physical contact with the motor vehicles.
(e) Solicitors shall not verbally solicit from vehicle occupants.
(Ord. 7, passed – 05/01/2000)
2002-S-3
Solicitation on Crosswalks, etc.
49
§ 76.05 PENALTIES, REMEDIES, APPEALS
Violation of this ordinance shall be a violation for which the penalty is a minimum fine of $50.00 up to a
maximum fine of $250.00. Noncompliance with any section of this Ordinance shall be cause for the City Police to
revoke the permit and the premittee has an immediate appeal to the City Council regarding the revocation. Any
application for a permit denied by the Chief of Police may be immediately appealed to the City Council. The City
has the right to seek immediate judicial remedies for continued violations of this ordinance.
(Ord. 7, passed 05-01-2000)
2002-S-3
50
TITLE IX: GENERAL REGULATIONS
Chapter
90.
ANIMALS
91.
STREETS AND SIDEWALKS
92.
NUISANCES
93.
FIRE PREVENTION
94.
LITTERING
95.
CEMETERIES
96.
FAIR HOUSING
97.
NOISE
98.
PARKS AND RECREATION
99.
YARD SALES
100.
SMOKE DETECTOR INSTALLATION &
MAINTENANCE IN RESIDENTIAL PROPERTY
1
2010 S-1
2
Elizabethtown - General Regulations
CHAPTER 90: ANIMALS
Section
General Provisions
90.01 Definitions
Dogs
90.15
90.16
90.17
90.18
90.19
90.20
90.21
90.22
90.23
90.24
90.25
90.26
90.27
90.28
90.29
90.99
Alternate Opinion
Controls of Dogs
Control of Vicious Dogs
Enforcement of Restrictions on Vicious Dogs
Impoundment
Provision of Necessities
Restraint by Leash or Chain; Specifications
Abandonment
Cruelty to Animals
Cruelty or Exhibition Fighting Prohibited
Killing Dogs, Cats for Food or Fur Prohibited
Mutilation of Animals
Sexual Acts with Animals
Removal of Animal in Immediate Danger
Confiscation of Victimized Animal
Penalties
GENERAL PROVISIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or
ABANDON. To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care
and support of an animal by its owner, or agent. Such abandonment shall constitute the relinquishment of all rights
and claims by the owner to such animal. (KRS 257.100 (4))
AT-LARGE. Not restrained by leash, cord, chain or otherwise confined in an enclosure.
DOG WARDEN. This term shall be interchangeable with Animal Warden and Animal Control Officer.
DOG. This term shall in be intended to mean both male and female.
3
2000-S-3
4
ENCLOSURE. An uncovered fence or structure of at least seven feet in height or a covered fence or
structure of sufficient height to allow the dog to stand erect without touching the top or cover, forming or causing an
enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with
other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Further said fence
or structure shall be sufficiently embedded in the ground to prevent the dog from digging under said fence or
structure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and
shall be designed to prevent the dog from escaping from the enclosure.
KEEPER. Keeper shall mean any person to whom a vicious dog is entrusted.
OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in
his/her care, or permits it to remain on or about the premises owned or occupied by him/her.
RESTRAINT. A vicious dog shall be deemed to be under restraint if on the premises of the owner or
keeper and confined in a secure enclosure as previously defined or under the control of the owner or keeper and
securely muzzled and restrained with a chain or braided leather, nylon or manilla leas or leash having a minimum
tensile strength of 300 pounds and not exceeding three feet in length.
VICIOUS DOG. Shall include the following:
(a) Any dog which constitutes a physical threat to human beings or other domestic animals by virtue of a
known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm; or
(b) Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in an
attitude of attack upon the streets, sidewalks, or any public grounds or places; or
(c) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or
otherwise endanger the safety of human beings or domestic animals; or
(d) Any dog which bites (to the extent of puncturing or severely bruising skin), inflicts injury, assaults or
otherwise attacks a human being or domestic animal without provocation on public or private property; or
(e) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for
dog fighting; or
(f) Any dog which has previously attacked or bitten a human being other than under the type of
circumstances that would be justifiable hereunder; or
(g) Any dog which has behaved in such a manner that the owner or keeper thereof knows or should
reasonably know that the dog is possessed of tendencies to attach or to bite human beings other than the type which
would be justified hereunder; or
(h) Any dog certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to
human like or property if not kept in the manner required by this article upon the basis of reasonable medical
probability; or
(i) Any dog which has been classified as vicious by the Hardin County Dog Warden or a peace officer; or
(j) Any dog which has been trained as an attack or guard dog, except such dogs which are employed by any
police department within the Commonwealth of Kentucky; or
(k) An animal shall not be deemed vicious solely because: 1) it bites, attacks or menaces (a) anyone
assaulting its owner or keeper, or (b) any person or other animal who has tormented or abused it, or 2) it is otherwise
acting in the defense of any attack from a person or other animal upon its owner or any other person or 3) it is
protecting or defending its young or the young of any other animal, or 4) where a person has broken into or entered,
without permission, the enclosure of such dog.
2000-S-2
Animals
4A
§ 90.15 ALTERNATE OPINION
Should the owner or keeper of any dog which has been classified as vicious by the Hardin County Dog
Warden, a peace officer, or by a doctor of veterinary medicine, and should the said owner desire to challenge this
classification, then said owner/keeper may engage the services of a licensed doctor of veterinary medicine, all costs
of which are to be borne by the owner/keeper of the dog in question. Said alternate opinion must be acquired and
completed within 48 hours of the initial classification of the dog as being vicious. (Ordinance No. 17-2000, passed
Sept. 25, 2000)
§ 90.16 CONTROL OF DOGS
(1) It shall be unlawful for any person to keep or harbor within the city any dog that barks or yelps or
otherwise makes such noise as to disturb the peace & quiet of the people in the neighborhood or area where the dog
is kept. Verification of more than one (1) person from at least two different households shall be required, before this
provision takes effect.
(2) It shall be unlawful to entice a dog from a yard or enclosure of its owner or keeper or to bring any dog
into the city for the purpose of impounding or disposing of the same or to remove a muzzle or license tag from any
dog without the consent of the owner, keeper or custodian thereof.
(3) No owner, custodian, possessor or harborer shall permit any dog to run at large other than on its
owners premises at any time unless under the direct control of the owner, custodian, possessor or harborer.
(4) The owner, custodian, possessor or harborer of every dog shall, at all times, keep such dog either (1)
confined on the owner’s premises within an enclosure which it can not escape or (2) firmly secured by means of a
collar or chain or other device so that it can not escape and stray from the premises on which it is secured or (3)
under the immediate control of such person. The term “under immediate control” is defined as the power to manage
and direct said dog and is not limited to physical control of said dog. (Ordinance No. 17-2000, passed Sept. 25,
2000)
§ 90.17 CONTROL OF VICIOUS DOGS
(1) It shall be unlawful for any person, firm, or corporation to keep or harbor within the City, a vicious dog
that shall bite or fiercely attach any person or domestic animal while outside of its owner’s yard or enclosure or real
estate.
The section shall not apply where a person shall break into or enter without the permission the premises
or enclosure of such dog and be pursued therefrom and attacked or bitten by the dog.
(2) All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to
maintain a vicious dog upon any premises which does not have a locked enclosure.
(3) It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of
the owner or keeper or outside of the enclosure unless the owner or keeper has the vicious dog under proper
restraint, and under the direct control and supervision of the owner or keeper of the vicious dog.
(4) 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. The sign
shall be a minimum of two square feet in area.
(5) The owner or keeper shall immediately notify the Hardin County Dog Warden and the Police
Department if a vicious dog is on the loose, is unconfined, has attacked another animal or has attached a human
being, or has died.
(6) The Hardin County Dog Warden or peace officer is hereby empowered to make whatever inquiry is
deemed necessary to ensure compliance with the provisions hereof, subject to the right of such owner or keeper to
contest the seizure or impoundment, as provided in this article, in Hardin District Court.
(7) In the event that the owner or keeper of the dog refuses to surrender the dog to the Hardin County Dog
Warden, the Hardin County Dog Warden may obtain a search warrant from a judge of the Hardin District Court to
seize the dog upon the execution of the warrant.
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(8) No person shall walk or exercise a vicious dog within 1,000 feet of a school, day care, day nursery,
playground, hospital or fairground.
(9) No more than two vicious dogs may be kept at a singular site or residence. This section shall not apply
to duly licensed kennels.
(10) No vicious dog may be kept on a chain tied to a fixed point outside an enclosure. (Ordinance No. 172000, passed Sept. 25, 2000)
§ 90.18 ENFORCEMENT OF RESTRICTIONS ON VICIOUS DOGS
In the event that a public law enforcement officer or the Hardin County Dog Warden has probable cause to
believe that a vicious dog is being harbored in the City of Elizabethtown in violation of this article, he or she may:
(1) Order the violation immediately corrected and cite the owner or keeper to appear in court for the
violation, or
(2) If the violation cannot be immediately corrected and the dog is posing an imminent serious threat to
human beings or other domestic animals, the dog may be seized and impounded, in which case the owner or keeper
will be cited to appear in court for the violation. At the owner’s or keeper’s request and expense, such impoundment
may be at a veterinarian or licensed kennel of the owner’s or keeper’s choosing. If the court rules that the dog is not
vicious as defined, it will be released to the owner or keeper upon payment to the Hardin County Dog Warden of the
expense of keeping such dog, pursuant to a schedule of such costs maintained by the Hardin County Dog Warden. If
the court rules that it is vicious as defined, the dog will be released to the owner or keeper only after payment of any
fees and penalties, upon presentation of proof by the owner or keeper that the dog will now be kept restrained or
confined as specified in this article. If, within seven days following such order regarding a vicious dog the owner or
keeper of a vicious dog fails to either provide proof that the dog will be kept restrained or confined in compliance
with the provisions of this article or fails to reclaim it after impoundment and pay the fees and penalties, the dog may
be humanely euthanized. (Ordinance No. 17-2000, passed Sept. 25, 2000)
§ 90.19 IMPOUNDMENT
(1) Any dog found running at large within the city limits, unless under direct control of the owner,
custodian, possessor or harborer shall be taken up by the Hardin County Dog Warden and/or other proper authority,
and impounded in the shelter designated by the Hardin County Animal Shelter and there confined in a humane
manner for a period of not less than five (5) days unless sooner claimed by its owner, custodian or person entitled
thereto.
(2) The Hardin County Dog Warden may humanely destroy or transfer title of all animals held after the
legal detention period in the above paragraph has expired and the animal has not been claimed by its owner,
custodian or other person entitled to the possession thereof; provided the person to whom title is being transferred
licenses said dog according to the laws of the Commonwealth of Kentucky and supplies proof of a rabies inoculation
for said dog together with the boarding charges levied by the animal shelter, and in addition thereto the pick-up fee
payable to the city provided below.
(3) Any owner, custodian or other person entitled to the possession of a dog impounded under subsection
(1) hereof may be claimed by such owner, custodian or person entitled to possession thereof upon proof that said dog
has been or is licensed, according to the laws of the Commonwealth of Kentucky; proof that said dog has been
inoculated against rabies; payment of boarding charges levied by the County, and payment to the county of any fine
due. (Ordinance No. 17-2000, passed Sept. 25, 2000)
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Animals
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§ 90.20 PROVISION OF NECESSITIES
No owner shall fail to provide his animal with good wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering and humane care and treatment. Any owner of
animals shall maintain a clean and healthful shelter and living area for any animal being kept, which area shall be
free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact
with any such waste or debris. All such shelters or living areas must be cleaned and maintained regularly so as to
promote proper health for the animals being kept. All living areas shall be constructed and maintained to promote
proper drainage of rain water to prevent the accumulation of mud and/or water. Shelters shall be constructed to
protect the animal from precipitation and of a material which provides insulation from temperature extremes. In
addition to the shelter, a shaded area shall also be provided by means of other structures, tree(s) or awning(s). The
shelter shall have a floor augmented with resting boards. Insulating bedding materials shall be provided during
inclement weather extremes. (Ordinance No. 17-2000, passed Sept. 25, 2000)
§ 90.21 RESTAINT BY LEASH OR CHAIN; SPECIFICATIONS
If any animal is restricted by a chain, leash or similar restraint, it shall be designed and placed as defined
under Restraint in this Ordinance. (Ordinance No. 17-2000, passed Sept. 25, 2000)
§ 90.22 ABANDONMENT
No person shall abandon any animal, abandonment consisting of: leaving an animal for a period in excess of
24 hours, without providing for someone to feed, water and check on the animal’s condition, or leaving an animal by
the roadside or other area, or leaving an animal on either public or private property without the property owner’s
consent. In the event that an animal is found so abandoned, such animal may be taken by a Hardin County Dog
Warden or peace officer and impounded in a shelter, and there confined in a humane manner. Such animal, if taken
from private property, shall be kept for not less than the prescribed period in accordance with the procedures set
forth in the Impounding Section. In the event that an animal is so abandoned, the owner or keeper, if any, whom he
has charged with the animal’s care, shall be subject to a citation for violation of this section. KRS 257.100 (4)
(Ordinance No. 17-2000, passed Sept. 25, 2000)
§ 90.23 CRUELTY TO ANIMALS
It shall be unlawful for any person to willingly or maliciously inflict unnecessary or needless cruelty, torture,
abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect, cause or inflict any unnecessary
or unjustifiable pain, suffering, injury or death to any animal, except as otherwise provided in this Chapter, whether
such animal belongs to such person or to another, except that reasonable force may be employed to drive away
vicious animals or trespassing animals. KRS 525.130. (Ordinance No. 17-2000, passed Sept. 25, 2000)
§ 90.24 CRUELTY OR EXHIBITION FIGHTING PROHIBITED
(1) No person shall cause or allow cruelty to be inflicted on an animal.
2000-S-2
4D
(2) No person shall cause or permit any dog fight or other combat between animals. For the purpose of this
paragraph, neglect, cruel, ill treatment and torment of an animal shall be defined as a failure by a person to adhere to
the requirements and provisions of enforcement. In the event there is a reasonable cause to suspect that an animal is
being beaten, cruelly ill-treated, neglected or tormented or involved in dog fight or other combat, custody of such an
animal may be taken by a Hardin County Dog Warden, peace officer or humane officer and impounded in a shelter
or other facility maintained by a humane society. The animal shall be held as evidence, and confined in such facility
in a humane manner. Upon finding by a court that the animal has been neglected, beaten, cruelly ill-treated or
tormented or involved in a dog fight or other combat between animals, the animal shall become the property of
Hardin County.
(3) No person shall own, possess, keep or train any dog with the intent that such dog shall be engaged in
exhibition of fighting. In the event that a person shall own, possess, keep or train any animal with the intent that
such animal shall be engaged in an exhibition of fighting, he shall be liable for citation for violation of this ordinance
and subject to the penalties under Enforcement.
(4) No person shall be present at any dog fight or combat between animals. In the event that a person is
present at a dog fight or combat between animals, he shall be liable for citation for violation of this ordinance and
subject to the penalties provided in Enforcement.
(5) Any person who is found present at a dog fight or combat between animals, and who is charged with
being a spectator in violation of this ordinance, and who is in possession of and/or is the owner of an animal of the
same species as that involved in the animal fight, shall be charged with the intent to engage in an exhibition of
fighting in violation of this ordinance. The animal shall be confiscated if found on the premises or in the immediate
area of the dog fight or combat between animals. (Ordinance No. 17-2000, passed Sept. 5, 2000)
§ 90.25 KILLING DOGS, CATS FOR FOOD OR FUR PROHIBITED
No person shall raise or kill a dog or cat for food or the skin or fur. (Ordinance No. 17-2000, passed Sept.
5, 2000)
§ 90.26 MUTILATION OF ANIMALS
No person shall mutilate any animal whether dead or alive. This provision does not apply to accepted
livestock practices concerning humane slaughter. (Ordinance No. 17-2000, passed Sept. 5, 2000)
§ 90.27 SEXUAL ACTS WITH ANIMALS
No person shall engage or cause or allow any other person to engage in a sexual act with any animal.
(Ordinance No. 17-2000, passed Sept. 5, 2000)
§ 90.28 REMOVAL OF ANIMAL IN IMMEDIATE DANGER
Any animal observed by a peace officer or Hardin County Dog Warden to be in immediate danger may be
removed from such situation by the quickest and most reasonable means available. (Ordinance No. 17-2000, passed
Sept. 5, 2000)
2000-S-3
Animals
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§ 90.29 CONFISCATION OF VICTIMIZED ANIMAL
Any animal found involved in a violation of any portion of this ordinance may be confiscated by any Hardin
County Dog Warden or peace officer and held in a humane manner. Upon conviction of this charge by a court of
law, all animals so confiscated shall become the property of Hardin County, and the owner of the animals shall pay
to or reimburse Hardin County all veterinary fees associated with medical treatment provided the animals while it
was in custody.
A Hardin County Dog Warden or peace officer shall be allowed reasonable access to inspect the property of
anyone found guilty of violation of any of the provisions under this ordinance. (Ordinance No. 17-2000, passed
Sept. 5, 2000)
§ 90.99 PENALTIES
The enforcing agency, department or individual may choose to seek enforcement through the Code
Enforcement Board enacted on the 30th day of April, 2003, by Ordinance No. 09-2003.
Any person violating this ordinance shall be punished by a fine of not less than fifty dollars ($50) nor more
than two hundred dollars ($200), or be imprisonment in the county jail for not less than ten (10) nor more than sixty
(60) days, or by both fine and imprisonment. Every day a violation continues shall constitute a separate offense.
(1) Any person found guilty of violating the provisions of this Ordinance concerning owning a vicious dog,
in addition to the penalties imposed, may be required by a District Court Judge to have the dog humanely euthanized
if in the opinion of that Judge that the severity of the attack warrants such action.
(2) Any person found guilty of violating the provisions of this Ordinance concerning owning a potentially
vicious dog or vicious dog shall be fined not less than two hundred fifty ($250.00) dollars and shall have the dog
spayed or neutered within seven days of that finding. Proof of the surgery must be provided to the citing agency
within twenty-four hours of its performance.
(3) Any person found guilty of violating the provisions of this ordinance concerning owning a potentially
vicious dog or a vicious dog, in addition to any other penalties or stipulations imposed, shall within seven days of that
finding also have the dog implanted with a microchip identification. Within seven days of that implantation the
owner shall present the animal to the Division of scanning and verification of the microchip and identification
number.
(4) In addition to any penalties and/or stipulations imposed, anyone convicted of violations of Cruelty to
Animals and/or Harboring a Vicious Animal, may also be required to relinquish ownership of the animal(s) to the
Hardin County Dog Warden immediately upon conviction, and said animal may be humanely euthanized according to
the standard of procedures followed by the Hardin County Dog Warden. (Ordinance No. 17-2000, passed Sept. 5,
2000, Amended Ordinance No. 29-2000, passed Dec. 18, 2000)
Any owner, custodian, possessor or harborer which violates this ordinance shall be fined not less than $25.00
nor more than $500.00 for the first offense and not less than $100.00 nor more than $500.00 for each subsequent
offense, plus applicable court costs. (Ordinance No. 28, passed December 4, 1995) (Am. Ord. 19-2003, passed 0623-2003)
2000-S-4
4F
CHAPTER 91: STREETS AND SIDEWALKS
Section
General Provisions
91.001
91.002
Street names
Street maintenance
Excavations and Construction
91.015
91.016
91.017
91.018
91.019
Opening permit required
Application and cash deposit
Restoration of pavement
Barriers around excavations
Warning lights
Obstructions
91.045
91.046
91.047
Exhibition of merchandise on street or sidewalks
Barbed wire fences
Removal of ice and snow
Entrance and Encroachments
91.060
91.061
91.062
91.063
91.064
91.065
91.066
91.067
91.068
91.069
91.070
91.071
91.072
Purpose
Administration standards
Area of jurisdiction
Compliance with other codes, statutes and regulations required
Standards as minimum requirements; variances
Disclaimer of liability
Complaints regarding violations
Entrance permits
Encroachment permits
General permit standards
Entrance construction standards
Encroachment permit construction standards
Special design standards
Street and House Numbering
91.085
91.086
91.087
91.088
Street numbering system
Department of Planning and Development to assign street numbers
Display of street address required
Specifications for numerals indicating street address
5
1995 S-1
6
91.089
91.090
91.091
Street numbers to be obtained and displayed before issuance of building permit or certificate of
occupancy
Tampering with; defacing street numbers prohibited
Noncompliance
Trees on Public Property
91.105
91.106
91.107
91.108
91.109
91.110
91.111
91.112
91.113
91.114
91.115
91.116
91.117
Street tree species to be planted
Spacing
Distance from curb to sidewalk
Distance from street corners and fire hydrant
Utilities
Public tree care
Tree Topping
Pruning, corner clearance
Dead or diseased tree removal on private property
Removal of stumps
Interference with city tree board
Arborists license and bond
Review by city council
Restricting Use of Skateboards, Skates and other Non-Motorized Transportation Devices
91.201
91.202
91.203
91.204
Definitions
Operation Prohibited
Penalty
Confiscation
91.99
Penalty
Cross-reference:
Maintenance of public ways, see §§ 92.090 through 92.097
GENERAL PROVISIONS
§ 91.001 STREET NAMES.
(A) The current names indicated on the Elizabethtown Zoning Map are adopted as the official street names for
the streets and public ways shown thereon for the city.
(B) Names for future streets should be chosen that are pleasant sounding, appropriate, easy to read and shall not
be the same nor closely approximate phonetically or in spelling the name of any other street in the county.
(C) Names for future streets shall be deemed to be officially adopted by the city after the subdivision plat
creating the street right-of-way receives approval by the City Planning Commission.
(D) The name of any street can only be changed by action of the City Council.
(Ord. 20, passed 5-20-91)
2004-S-1
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§ 91.002 STREET MAINTENANCE.
(A) Streets that meet minimum standards of the city according to the Elizabethtown Subdivision Design and
Improvement Standards shall be approved by the city upon certification of inspection by the City Engineer to the City
Council with motion and action to approve the same.
(B) A list of those city streets on the Elizabethtown Maintenance System shall be maintained by the Department
of Planning and Development at its office.
(Ord. 23-1994, passed 9-6-94)
Cross-reference:
Private maintenance of public ways, see §§ 92.090 through 92.097
EXCAVATIONS AND CONSTRUCTION
§ 91.015 OPENING PERMIT REQUIRED.
It shall be unlawful for any person, other than an authorized city official, to make any opening in any street,
alley, , or public way of the city unless a permit to make the opening has been obtained prior to commencement of
the work.
§ 91.016 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the authorized
city official. Application shall be made on a form prescribed by the legislative body, giving the exact location of the
proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided
for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted
with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of
all surfaces disturbed.
§ 91.017 RESTORATION OF PAVEMENT.
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to
the satisfaction of the authorized city official, and in accordance with rules, regulations, and specifications approved
by the legislative body.
(B) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove
all excess materials within the time specified in the permit or where not specified therein, within a reasonable time
after commencement of the work, the city may proceed without notice to make such fill and restoration and the
deposit referred to in § 91.016 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund,
except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city
for restoration services performed by it. If the amount of such services performed by the city should exceed the
amount of the deposit, the Clerk or other proper administrative officer shall proceed to collect the remainder due
from the permittee.
2004-S-1
8
§ 91.018 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.
§ 91.019 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 shall install and maintain at least
two yellow flashing lamps and barricades which shall be securely and conspicuously posted on, at, or near each end
of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for
each added 50 feet or portion thereof excavated or obstructed.
OBSTRUCTIONS
§ 91.045 EXHIBITION OF MERCHANDISE ON STREETS OR SIDEWALKS.
It shall be unlawful for any person to exhibit any merchandise, sign, scale or other article for sale or other
purpose on any sidewalk or street of the city, unless the exhibit has been permitted by the Police Department as an
annual or special event.
§ 91.046 BARBED WIRE FENCES.
It shall be unlawful for any person to erect or construct or cause to be constructed or erected along a sidewalk
and within 15 feet of the curbing of the streets, a fence in whole or in part containing barbed wire or other dangerous
obstruction.
§ 91.047 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 adjacent to
any sidewalk to keep the sidewalk adjacent to his/her premises free and clear of snow and ice to the extent feasible
under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the
prevailing weather conditions, a reasonable time which will ordinarily not exceed 12 hours after the abatement of any
storm during which the snow and ice may have accumulated.
2004-S-1
9
ENTRANCE AND ENCROACHMENTS
§ 91.060 PURPOSE.
These standards are designed to encourage the development of sound, healthful and economically stable
residential, commercial, industrial, and public areas; to provide for safe, convenient and efficient traffic circulation;
to enhance the unique aesthetics of the community; and to provide for the overall harmonious development of the
community in accordance with the adopted Comprehensive Plan for the city.
('73 Code, § 18-51) (Ord., passed 9-3-85)
§ 91.061 ADMINISTRATION OF STANDARDS.
These standards are adopted by the city, and shall be administered jointly by the Director of the Department of
Planning and Development and the City Engineer or their authorized designee.
('73 Code, § 18-52) (Ord., passed 9-3-85)
§ 91.062 AREA OF JURISDICTION.
The city, through these standards, shall have jurisdiction and control over local street rights-of-way within the
corporate boundaries of the city, and city property.
('73 Code, § 18-53) (Ord., passed 9-3-85)
§ 91.063 COMPLIANCE WITH OTHER CODES, STATUTES AND REGULATIONS REQUIRED.
Nothing in these standards shall be construed to exempt an applicant for a permit from compliance with all local,
state and federal codes, statutes and regulations.
('73 Code, § 18-54) (Ord., passed 9-3-85)
§ 91.064 STANDARDS AS MINIMUM REQUIREMENTS; VARIANCES.
(A) These standards are adopted only as minimum requirements, and all applicants should consider developing
at higher standards. The city may require standards above the minimum standards contained herein whenever it finds
that public health, safety or welfare justify such increase.
(B) The city may also reduce or otherwise vary the requirements of these standards. Variances may be granted
if the city finds such to be true without detriment to the public good; without impairing the purposes and basic
objectives of these standards; and without impairing the desirable general development of the neighborhood and the
community as proposed by the Comprehensive Plan. In granting the variances, the city may attach and require
whatever conditions it finds are necessary or reasonable to secure the basic objectives of these standards. Any
variance granted by the city shall be noted on the required permit along with the findings which justify the granting of
the variance.
('73 Code, § 18-55) (Ord., passed 9-3-85)
10
§ 91.065 DISCLAIMER OF LIABILITY.
Notwithstanding any provisions of this subchapter, no approval of any entrance or encroachment permit or
portion thereof, by the Department of Planning and Development, the Engineering Department or any other public
agency or official of the city, whether employed, elected or appointed, shall operate as warranty or guarantee of the
safety or reasonableness of any entrance or encroachment activity or portion thereof, or act in any way to limit or
alter any common-law duties imposed on the developers or authors of such plans.
('73 Code, § 18-56) (Ord., passed 9-3-85)
§ 91.066 COMPLAINTS REGARDING VIOLATIONS.
Any person may file a written complaint alleging violation of these standards. The complaint shall state fully the
cause and base thereof and shall be filed with Director of the Department of Planning and Development. The
Director or his/her agent shall properly record the complaint and investigate and take action thereon as provided by
these regulations to cite the violator into district court.
('73 Code, § 18-57) (Ord., passed 9-3-85)
§ 91.067 ENTRANCE PERMITS.
(A) Entrance permits shall be required as follows:
(1) For new construction of commercial or industrial development.
(2) For existing commercial or industrial development, when entrances in use prior to the adoption of this
subchapter are changed.
(3) For all vehicular use areas.
(4) For residential development driveways.
(5) For private streets.
('73 Code, § 18-61)
(B) To formally request action on the required entrance permit, the applicant shall file a completed application
form. The procedure for entrance permits differs based upon the type of development.
(1) Entrance permits with development plans.
(a) Review. When a development plan is required by the city's zoning code in Chapter 157 and
subdivision ordinance, the applicant may indicate all the information for an entrance permit as required by this
subchapter on the plan.
(b) Action. The city shall act within 30 days of submission in the following manner:
1.
Approval. The city may approve the entrance as submitted.
11
2. Conditional approval. The city may approve the entrance conditionally and require
amendment to the application before granting full approval.
3. Disapproval. The city may disapprove the development plan and shall state in writing its
reasons for disapproval. To be reconsidered, a new entrance permit application shall be submitted to the city and
must be approved or disapproved within 30 days of submission to the city.
(2) Entrance permits with building permits.
(a) Review. When an entrance permit is required as part of a residential development, the applicant
may submit the required information for an entrance permit along with the building permit application.
1.
(3) All other entrance permits.
(a) Review. The city shall review entrance permit applications for compliance with the guidelines
and information as required by this subchapter.
1.
('73 Code, § 18-62)
©
Required plan information shall be as follows (unless certain items are waived by the city):
(1) Title block showing plan name, owner, developer, firm or company, with written and graphic scale.
(2) Scale of plan should be one inch equals 20 feet or other approved scale.
(3) North arrow.
12
(4) Location, width and grade of proposed driveways.
(5) Angles of proposed driveways with highway.
(6) Location and size of any existing or proposed cross drain or side drain pipes or culverts and the
direction of flow within such structures.
(7) Distance between driveways measured along edge of pavement or along curb line.
(8) Proposed radii of all curves.
(9) The proposed use of the property.
(10) Any proposed divided highway access.
(11) Frontage roads with length, width, radii and corner clearance. ('73 Code, § 18-63)
(D) Amendments to approved entrance permits can be made only by the same procedure required for the
original submission.
('73 Code, § 18-64)
(Ord., passed 9-3-85) Penalty, see § 10.99
§ 91.068 ENCROACHMENT PERMITS.
(A) Encroachment permits shall be required for any work performed upon the city's rights-of-way. ('73 Code,
§ 18-71)
(B) To formally request action on the required encroachment permit, the applicant shall file a completed
application form and a site plan.
(1) Encroachment permit with improvement plans.
(a) Review. When an encroachment permit is required as part of work being performed as part of a
new subdivision development. The applicant may indicate all the required information for the encroachment permit
on the improvement plan as required by the zoning code in Chapter 157 and the subdivision ordinance.
1.
Approval. The city may approve the encroachment as submitted.
2. Conditional approval. The city may approve the encroachment conditionally and require
3. Disapproval. The city may disapprove the improvement plan and shall state in writing its
reasons for disapproval. To be reconsidered, a new encroachment permit application shall be submitted to the city
and must be approved or disapproved within 30 days of submission to the city.
(2) All other encroachment permits.
13
(a) Review. The city shall review encroachment permit applications for compliance with the
guidelines and information as required by this subchapter.
1.
Approval. The city may approve the encroachment as submitted.
2. Conditional approval. The city may approve the encroachment conditionally and require
3. Disapproval. The city may disapprove the improvement plan and shall state in writing its
reasons for disapproval. To be reconsidered, a new encroachment permit application shall be submitted to the city
and must be approved or disapproved within 30 days of submission to the city. ('73 Code, § 18-72)
©
Required information shall be as follows (unless certain items are waived by the city):
(1) Title block showing name, owner, developer, firm or company, with written and graphic scale.
(2) Scale of plan shall be one inch equals 20 feet or other approved scale.
(3) North arrow.
(4) Numbers and names of all streets and highways which appear on the plan.
(5) Details of adjacent highways, including entrances, and all existing median facilities, including crossovers, openings, storage lanes, tapers, and the like.
(6) Width of existing roadway pavements and shoulders.
(7) Distance from the edge of the pavement to the side ditch and the direction of flow of the ditch.
(8) Distance from the center line of the highway to the right-of-way line.
(9) Location of property lines along the right-of-way.
(10) Location of all utilities above and below ground line.
(11) The location of all signs, signals or other traffic control devices existing along the right-of-way being
disturbed.
('73 Code, § 18-73)
(D) Amendments to approved encroachment permits can be made only by the same procedure required for the
original submission. ('73 Code, § 18-74)
14
§ 91.069 GENERAL PERMIT STANDARDS.
(A) All construction shall be protected from flooding and erosion damage, that is, open pipes shall be protected
from filling with mud or debris. Erosion and flooding control shall be exercised during construction to prevent
damage to property adjacent to the development. Silt dams, retention basins or other protection are required as
needed. ('73 Code, § 18-80)
(B) Any proposal to alter or increase a drainage area or change in any way a drainage structure must be
accompanied by a complete drainage survey (upstream and downstream) based on a 25-year and 100-year storm with
hydraulic analysis of all affected drainage structures in the area. In the event that any permittee's development is to
create sufficient additional surface drainage runoff, so that the existing downstream drainage facilities such as ditches,
paved ditches, special channel or any other drainage facility within city-maintained right-of- way becomes inadequate
to accommodate the increased flow, it is then the sole responsibility of the permittee to:
(1) Modify or replace the downstream highway drainage facility or facilities, in order that the increased
flow is adequately accommodated to the satisfaction of the city;
(2) Provide an on-site retention or detention basin of appropriate capacity and discharge design to enable
the existing downstream highway drainage facilities to continue to function adequately to the satisfaction of the city,
as required by this subchapter and the zoning code in Chapter 157 and the subdivision ordinance.
('73 Code, § 18-81)
(C) (1) Utilities are not to be placed in or through existing drainage conduits.
(2)Utility companies shall be contacted and advised of proposed work prior to the start of actual excavation
pursuant to Occupational Safety and Health Act requirements and state law.
(3) Known location of underground utilities shall be shown on applicant's plans.
('73 Code, § 18-82)
(D) In areas where turf is present, restoration will consist of dressing, reseeding and mulching all affected areas
of the right-of-way. Mulching is preferred, but if applicant can show that it is not necessary, then seeding only will
be allowed. In all cases, a good turf is to be guaranteed by the permittee. ('73 Code, § 18-83)
(E) Permittees are responsible for the maintenance of all encroachments and entrances. Pipelines or other
utility crossings beneath the pavement shall have sufficient connections so that repairs may be made without
disturbing the roadway surface. Manholes and other points of access to underground utilities may be permitted
within the right-of-way, if located so as to not interfere with maintenance of the roadway facility or present safety
hazards to the road users. ('73 Code, § 18-84)
(Ord. passed 9-3-85) Penalty, see § 10.99
1995 S-1
15
§ 91.070 ENTRANCE CONSTRUCTION STANDARDS.
(A) General entrance standards.
(1) Entrance width shall be as follows:
(a) Residential: 16 feet minimum; 30 feet maximum.
(b) Commercial: 20 feet minimum; 50 feet maximum.
(c) Industrial: 30 feet minimum; 50 feet maximum.
(2) Necessary drainage structures for an entrance shall not be tied onto an existing highway drainage
structure unless the necessary junction boxes, manholes and catch basins are installed, as approved by the
Engineering Department.
(3) Entrance pipe shall extend beyond the edge of the entrance. Entrance pipe size shall meet the approval
of the City Engineer in accordance with § 91.069(B), but in no case shall the diameter be less than 12 inches.
(4) All entrance pipe shall be corrugated metal, concrete, steel or bituminous-coated corrugated metal and
shall meet the approval of the City Engineer.
(5) Valley gutters constructed of concrete or bituminous material may be used in lieu of entrance pipe
where such pipe cannot be placed. Prior approval of the City Engineer for use of such gutters is required.
(6) Where long lengths of pipe are used, catch basins or clean-out boxes shall be installed at approximate
intervals of 50 feet based on pipe diameter of 12 inches. Special consideration may be given to placement of cleanout boxes at longer intervals for pipe with larger diameters. Clean-out boxes shall also be constructed at all angles in
pipe alignment.
(7) When necessary, gratings and catch basins must be employed to intercept and prevent water flowing
from the driveway over the sidewalks or roadway.
(8) The gradient of the driveway shall conform with the normal shoulder pitch from the edge of the
traveled way to the outer shoulder-line and thence slope downward on a suitable grade to the gutter or low point over
the culvert, or in the swale when a culvert is not used. It shall continue downward or roll upward depending upon
the level of its destination with respect to the shoulder.
(9) When curbs are used along the roadway and sidewalks are used or contemplated, the gradient of the
driveway shall fit the plane of the sidewalk, if practical. If the difference in elevation of the gutter and the sidewalk
is such that this is not practical, the sidewalk shall be lowered to provide a suitable gradient for the driveway and the
surface of the sidewalk shall be sloped gently away from either side of the driveway.
('73 Code, § 18-91)
(B) Entrance installation by the city.
(1) The city may install on city streets entrance pipes for drives when the resident provides the necessary
materials.
1995 S-1
16
(2) The city may install drainage pipes along street rights-of-way when materials are supplied by the
resident. Pipe must meet city specifications for size and materials, but in no case may the pipe be less than 12 inches
diameter.
(3) The city will provide one entrance per property on new publicly financed street rights-of-way. The
construction of any other entrances which may be permitted are the responsibility of the property owner.
§ 91.071 ENCROACHMENT PERMIT CONSTRUCTION STANDARDS.
(A) Underground utilities.
(1) Underground utilities installed longitudinally within the right-of-way limits of streets shall be buried to
a minimum depth of 18 inches (30 inches preferred). Exceptions may be made only where the terrain is such that
this requirement would prove impractical and where location of pipelines on the surface would not interfere with
highway maintenance, safety or aesthetics.
(2) Underground utilities shall be constructed of materials which may be expected to render long troublefree life and in some cases may be required to be encased to allow removal and replacement without necessity of
cutting the pavement.
('73 Code, § 18-101)
(B) Existing longitudinal facilities. Existing longitudinal storm sewers, sanitary sewers, telephone conduits,
power conduits, water lines, oil lines, gas lines or other type utility lines may be permitted to remain under pavement
and shoulder areas, when the facilities will be maintenance-free insofar as the necessity for cutting or disturbing the
pavement and shoulder areas. Distribution and service lines constructed of maintenance-free materials and in good
condition may remain under a proposed pavement provided full provision is made for all future service requirements
by stubbing out service lines on either side of the new construction prior to placing the proposed pavement.('73
Code, § 18-102)
(C) New facilities.
(1) Generally, new facilities are not to be installed longitudinally under proposed pavement and shoulder
areas. Only when there is no other practical location available may any new facility be placed under the pavement or
shoulder area. In the event such an installation is allowed, it must be constructed of long-life materials which are
expected to be maintenance-free with all possible provisions made to minimize the likelihood of having to cut the
pavement or interfere with traffic in the future.
(2) Boring of entrances adjacent to the main line roadway which are paved with concrete or bituminous
surface may be required. The preferred methods to be employed in underground installations are auguring, jacking,
boring, pushing and tunneling.
(3) New or relocated utilities installed longitudinally shall be located where feasible back of the ditch line
and top of slope and as near the right-of-way as practical. Where curb and gutters are provided, underground
utilities should be located back of the curb when possible.
('73 Code, § 18-103) (Ord. passed 9-3-85)
1995 S-1 Repl.
17
(D) Overhead utilities installed longitudinally.
(1) Utility poles or towers having crossarms. Utility poles or towers having crossarms are to be located
not more than five feet inside the right-of-way line except for offsets in the right of way line due to high fills, deep
cuts or other obstructions.
(2) Utility poles or towers having no crossarms. Utility poles or towers having no crossarms are to be
located not more than 18 inches inside the right-of-way line except for offsets in the right-of-way line due to high
fills, deep cuts or other obstructions.
(3) Overhead utility crossings. The vertical clearance of an overhead utility crossing of a city street shall
be a minimum of 18 feet but in no case shall the clearance be less than the requirements of the National Electrical
Safety Code. Minimum allowable clearances are as follows:
Volts
Feet
0 - 750
18
750 - 15,000
20
15,000 - 50,000
22
('73 Code, § 18-104)
§ 91.072 SPECIAL DESIGN STANDARDS.
(A) Turn storage lanes.
(1) When congestion is or may be created on the traveled way by vehicles desiring to turn left into the
roadside facility, the creation of a left turn storage lane may be considered desirable. This land shall be developed in
conjunction with the driveway if the need for it can be foreseen. The storage lane shall be constructed without
expense to the city.
(2) Left turn lanes should be considered any time the main line speed limit is 45 miles per hour or more
and the turning volume can be expected to reach as much as 40 vehicles per hour.
('73 Code, § 18-111)
(B) Tapers and increased radii. At some locations, entrance capacity deficiencies may result from restrictions
in the alignment, profile or cross-section of the entrance rather than from interior circulation and parking problems or
larger than anticipated entering traffic volumes. In these instances, improved capacity may be gained by the
provisions of longer entrance radii or by the addition of a taper connecting the entrance radius and the edge of the
traveled way. ('73 Code, § 18-112)
(C) Frontage roads.
(1) The use of frontage roads on private property can be required where deemed applicable by the City
Engineer, in order to minimize the number of access points to the highway from commercial
18
and residential developments. These frontage roads are to be indicated on the applicant's plans and when applicable,
indicated on the record plats for the development.
(2) Frontage roads shall be constructed to meet city standards for local streets.
(3) In the layout of frontage roads, the design of the intersection of these roads with other streets is to
receive particular consideration, since special traffic problems occur if small turning radii are created at these
intersections. In order to minimize these turning movements and traffic interference problems, radii of sufficient
length are to be required to accommodate right turn movement from the street into the frontage road, or vice versa,
as measured along the inside edge of the street and frontage road pavement.
('73 Code, § 18-113)
(D) Four-lane divided highways.
(1) Median cuts. Median cuts shall be limited to 500 feet or more. The need for median cuts shall be
considered upon receipt of an application for an entrance permit. Before authorizing new median cuts, consideration
shall be given to aligning access points with existing median cuts through the use of redesigned parking facilities
within the development or the construction of frontage roads. When it has been determined that it is impractical to
utilize existing median cuts, approval of median cuts may be given if access is to be granted so that U-turns will not
be necessary.
(2) Residential entrances. Residential access shall be limited to one side of the divided highway unless
aligned with an existing or proposed median cut. The access shall be located so as to conform to appropriate spacing
for the highway facility (500 feet), but entrances should not be any closer than two feet from a property line unless
the entrance serves as a joint access between adjoining properties.
(3) Commercial and industrial entrances. Commercial and industrial entrances shall align with an existing
or proposed median cut unless the entrance is deemed minor in nature whereas access may be permitted to one side
of the divided highway. The access shall be located so as to conform to appropriate spacing for the highway facility
(500 feet), but entrances should not be any closer than two feet from a property line unless the entrance serves as a
joint access between adjoining properties.
(4) Field entrances. Field entrances for use by farm equipment may be permitted by the city but shall be
limited in access to one side of the highway unless aligned with an existing or proposed median cut. Field entrances
shall be considered temporary in nature and may be allowed at locations not conforming to spacing standards.
('73 Code, § 18-114)
(E) Sight distance restrictions. A driveway shall not be allowed at locations which will prevent a vehicle
approaching at legal control speed from having a six-second visibility time to the stopping position of the driveway.
('73 Code, § 18-115)
19
STREET AND HOUSE NUMBERING
§ 91.085 STREET NUMBERING SYSTEM.
(A) Dixie Avenue, U.S. 31W, shall be made the base line for all streets running east and west and the streets
shall be numbered from the base line consecutively to the corporate limits. The north side of the streets shall bear
odd numbers and the south side of the streets shall bear even numbers.
(B) Mulberry Street, U.S. 62, shall be made the base line for all streets running north and south and the streets
shall be numbered from the baseline consecutively to the corporate limits. The east side of the streets shall bear odd
numbers and the west side of the streets shall bear even numbers.
(C) The numbers from the respective base lines shall begin with 100 and wherever possible, 100 numbers shall
be allowed to each block so that the number of each consecutive block shall commence with consecutive hundreds.
(D) One whole number shall be assigned for every 50 feet of ground, whether improved property or vacant lot,
on every street within the corporate limits.
(E) The Public Square of the city shall be numbered according to the buildings now erected thereon with the
presently assigned numbers.
(F) Cul-de-sacs on dead-end streets shall be numbered from the intersecting street consecutively to its terminus,
without regard to the base line streets.
(Ord. 20, passed 5-20-91)
§ 91.086 DEPARTMENT OF PLANNING AND DEVELOPMENT TO ASSIGN STREET NUMBERS.
Street numbers for all lots, dwelling units and places of business shall be assigned by the Department of
Planning and Development. The Department shall work with the U.S. Postal Service and other appropriate agencies
in determining the proper street number.
(Ord. 20, passed 5-20-91)
§ 91.087 DISPLAY OF STREET ADDRESS REQUIRED.
Each principal building shall display the number assigned to the lot frontage on which the front entrance is
located. In case a principal building is occupied by more than one business or family dwelling unit, each separate
front entrance may display a separate number.
(Ord. 20, passed 5-20-91)
§ 91.088 SPECIFICATIONS FOR NUMERALS INDICATING STREET ADDRESS.
Numerals indicating the official number for each principal building shall be posted in a manner to be visible,
legible and distinguishable from the street on which the property is located by adhering to the following standards.
(A) Numerals shall be plain block arabic numbers. No script or written numbers are permitted.
1995 S-1
20
(B) For residential buildings, numerals shall be a minimum of three inches in height. For commercial or
industrial buildings, numerals shall be a minimum of six inches in height.
(C) Numbers shall be in contrast to the building wall they are mounted to and shall be in the area of the main
entrance to the building. If the building is located more than 200 feet from the street and the number on the building
is not visible, street numbers should be displayed within 50 feet of the street.
(D) Additional street numbers may be displayed for the property on a business sign, mailbox or other device.
(Ord. 20, passed 5-20-91) Penalty, see § 10.99
§ 91.089 STREET NUMBERS TO BE OBTAINED AND DISPLAYED BEFORE ISSUANCE OF BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY.
No building permit shall be issued for any principal building until the owner or developer has procured from the
Department of Planning and Development the official number of the premises. Final approval for a certificate of
occupancy of any principal building erected or repaired after the effective date of this subchapter [May 20, 1991]
shall be withheld until permanent and proper numbers have been displayed in accordance with the requirements of
this subchapter.
(Ord. 20, passed 5-20-91) Penalty, § 10.99
§ 91.090 TAMPERING WITH; DEFACING STREET NUMBERS PROHIBITED.
It shall be unlawful for any person to alter, deface, or take down any number placed on any property in
accordance with this subchapter, except for repair of replacement of the number.
§ 91.091 NONCOMPLIANCE.
In the event that the owner or occupant or person in charge of any house or building refuses to comply with the
terms of this subchapter within 60 days after notification, or by failing within the period of 60 days to remove any
old numbers affixed to the house, or house entrance, or elsewhere which may be confused with the number assigned
thereto, they shall, upon conviction thereof, be subject a penalty as set out in § 10.99.
TREES ON PUBLIC PROPERTY
§ 91.105 STREET TREE SPECIES TO BE PLANTED.
The Tree Board will formulate an official street tree species list for the city. The list of allowable species shall
be broken down into categories of small, medium, and large trees. No species other than those included in this list
may be planted as street trees without permission of the City Tree Board.
(Ord. 24, passed 12-21-92)
21
§ 91.106 SPACING.
The spacing of street trees will be in accordance with the three species size classes listed in § 91.105 of this
chapter, and no trees may be planted closer together than the following; small trees, 30 feet; medium trees, 40 feet;
and large trees, 50 feet; except in special plantings approved by the Tree Board.
(Ord. 24, passed 12-21-92)
§ 91.107 DISTANCE FROM CURB AND SIDEWALK.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three
species size classes listed in § 91.105 Of this chapter and no trees may be planted closer to any curb or sidewalk than
the following; small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.
(Ord. 24, passed 12-21-92)
§ 91.108 DISTANCE FROM STREET CORNERS AND FIRE HYDRANT.
No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest
intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fire hydrant.
§ 91.109 UTILITIES.
All street trees shall be planted according to the current approved and accepted guidelines for utility planting as
developed by Vegetation Management Association. No Street trees shall be planted within five feet of any
underground utility.
(Ord. 24, passed 12-21-92), (Ord. 1, passed 1-2-96 amended), Penalty, see § 10.99
§ 91.110 PUBLIC TREE CARE.
The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the right of
way lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public
safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove
or cause or order to be removed, any tree or part thereof which is in an unsafe condition and could cause injury or
damage to persons or property, or which by reason of its nature is damaging to sewers, electric power lines, gas
lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This
section does not prohibit the planting of street trees by adjacent property owners providing that all selection and
location of the trees is in accordance with § 91.105 through § 91.109 of this chapter.
(Ord. 24, passed 12-21-92)
22
§ 91.111 TREE TOPPING
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park
tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the
tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from this chapter at the determination of the City
Tree Board.
§ 91.112 PRUNING
Every owner/occupant of any tree overhanging any street or right-of-way within the city shall prune the
branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street
intersection or sidewalk so as to not interfere with vehicular or pedestrian traffic. Said owners/occupants shall
remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of
the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the
proper spread of light along the street from a street light or interferes with visibility of any traffic control device or
sign or intefere with vehicular or pedestrian traffic.
(Ord. 24, passed 12-21-92). (Ord. 1-96, passed 1-2-96 amended)
91.113 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY.
The city shall have the right to cause the removal of any dead diseased trees on private property within the city,
when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential
threat to other trees within the city. The City Arborist will notify in writing the owners of such trees. Removal shall
be done by the owners at their own expense within sixty days after the date of service of notice. In the event of
failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge
the cost of removal on the owners property tax bill.
(Ord. 24, passed 12-21-92), (Ord. 1-96, passed 1-2-96 amended)
§ 91.114 REMOVAL OF STUMPS.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump
shall not project above the surface of the ground.
(Ord. 24, passed 12-21-92)
§ 91.115 INTERFERENCE WITH CITY TREE BOARD.
It shall be unlawful for any person to prevent, delay, or interfere with the City Tree Board, or any of its agents,
while engaging in and about planting, cultivating, mulching, pruning, spraying, or removal of any street trees, park
trees, or trees on private grounds, as authorized in this chapter.
(Ord. 24, passed 12-21-92), (Ord.1-96 passed 1-2-96 amended) Penalty, see § 10.99
23
§ 91.116 LICENSE AND BOND
It shall be unlawful for any person or firm to engage in the business or occupation or pruning, treating or
removing street or park trees within the city without first applying for and procuring a license pursuant to the
Elizabethtown Code of Ordinances Section 110.. The license fee shall be $25 annually in advance; provided,
however, that no license shall be required of any public service company or city employee doing such work in the
pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of
possession of liability insurance in the minimum amounts of $500,000 for bodily injury and $1,000,000 property
damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as
herein described.
(Ord. 24, passed 12-21-92), (Ord. 1-96, passed 1-2-96 amended) Penalty, see § 10.99
§ 91.117 REVIEW BY CITY COUNCIL.
The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any
person may appeal from any ruling or order of the City Tree Board first to the City Council who may hear the matter
and make final decision.
(Ord. 24, passed 12-21-92), Ord. 1-96, passed 1-2-96 amended)
RESTRICTING USE OF SKATEBOARDS, SKATES AND
OTHER NON-MOTORIZED TRANSPORTATION DEVICES
Skateboard: Any board or platform to which there are attached wheels for movement thereof by either gravity
or the muscular power of someone standing upon the board or platform and which has no mechanism or other device
with which to steer or control the movement or direction of the board of platform.
Roller Skates: Any footwear device including in-line skates known as roller blades which may be attached to
the foot or footwear to which wheels are attached and such wheels may be used by the wearer in moving. The
definition of these terms shall include a single roller skate or parts thereon, used by wearer in moving.
Bicycle: A device upon which any person my ride, propelled exclusively by human power through a belt, chain
or gears, and having one or more wheels.
A non-motorized scooter: Any personal transportation device not otherwise regulated hereunder and the
regulation of which has not been undertaken by Commonwealth of Kentucky.
(Ord. 35-2003, passed 11-17-2003)
§ 91.202 OPERATION PROHIBITED.
(A) Streets: No person shall roller skate or ride a skateboard, or any other non-motorized transportation device
on any street except for the purpose of crossing the street. The rules relating to pedestrians crossing streets
shall apply to persons crossing a street on roller skates or a skateboard, or any other non-motorized
transportation device. No person crossing a street on roller skates or a skateboard, or any other nonmotorized transportation device shall travel too fast for safety under the conditions existing.
(B) Sidewalks: No person shall roller skate or ride a skateboard or any other non-motorized transportation
device in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a
sidewalk without exercising due care for the safety of other persons using the sidewalk.
(C) Public Property: No person shall operate a skateboard, skates or other non-motorized transportation
device on any public property upon which a sign has been posted prohibiting said activity.
2004-S-1
24
(D) Private Property: No person shall operate a skateboard, skates or other non-motorized transportation
device on any private property unless the person has obtained the written consent of the owner or owners.
(E) City Property: No person shall operate a skateboard, skates or other non-motorized transportation device
on or against any city-owned table, bench, structure, tennis court, parking stop, retaining wall, fountain,
statue or other improvement which may suffer damage by such use. No person shall use or place a ramp,
jump or any other device used to force skateboard, skates or other non-motorized transportation device off
the pavement on the grounds of any city-owned parking lot, park or sidewalk.
(F) Bicycles: This Ordinance shall not apply to bicycles used for lawful transportation upon streets and
roadways as provided for and controlled by KRS 189.287 and the Department of Transportation regulations.
(Ord. 35-2003, passed 11-17-2003)
§ 91.203 PENALTY.
(A) Warning: For a first offense, a written warning shall be issued to the offender, and no fine shall be
imposed. If the offender is under the age of 18 years, a parent or guardian of the offender shall be notified
and shall be handed or mailed a copy of the written warning.
(B) Penalty: Any person violating the provisions of this Ordinance again after a written warning shall be fined
not less than $20.00 nor more than $250.00 for each offense.
(C) Code Enforcement Board: The City Officer may choose at his discretion to cite the offender to the Code
Enforcement Board. (Ord. 09-2003).
(Ord. 35-2003, passed 11-17-2003)
§ 91.204 CONFISCATION.
(A) Any peace officer who issues a citation for violation of this subchapter shall confiscate the skateboard, skates
or any other non-motorized transportation device used in the violation and place it in the police property room.
(B) The skateboard, skates or any other non-motorized transportation device may be returned to the violator or to a
parent or guardian of the violator, if the violator is a minor, after the following periods of time:
(1) After 30 days for a first violation of this subchapter;
(2) If any person commits a subsequent violation of this subchapter the skateboard, skates or any other
non-motorized transportation device used by such person in the violation shall be forfeited to the City
and disposed of in the manner prescribed by law for forfeited property.
(Ord. 35-2003, passed 11-17-2003)
§ 91.99 PENALTY
Any violation of this section is subject to the penalty of §10.99. The enforcing agency, department or individual
may choose to seek enforcement through the Code Enforcement Board enacted on the 30th day of April, 2003, by
Ordinance No. 09-2003.
(Ord. 13-2003, passed 06-16-2003)
2004-S-1
CHAPTER 92: NUISANCES
Section
General Provisions
92.001
Definitions
Animals, Fowl and Reptiles
92.010
92.011
92.012
92.013
Declaration of nuisance
Keeping of animal, fowl or reptile which becomes a nuisance prohibited
Certain violations concerning animals, fowl and reptiles
Slaughtering prohibited
Garbage, Debris and Rubbish
92.025
92.026
Violations concerning garbage, debris and rubbish
Abandoned; Inoperable Vehicles and Machinery
92.035
92.036
92.037
92.038
92.039
Parking inoperable vehicle where it can be viewed from public highway, other city streets
Dismantling or overhauling vehicle on private property prohibited; exceptions
Parking of vehicle in front yard prohibited; exceptions
Storing any appliance outside of any building or where accessible to children prohibited
Grass and Weeds
92.050
92.051
92.052
Grass, weeds and vegetation to be trimmed regularly; maximum height
Exemption for woodlands and trees
Erosion Control
92.065
92.066
Removal of vegetation; replacement
Sewage Discharge
92.075
92.076
92.077
Discharge to city sewage system required
Discharge of runoff or groundwater to sanitary public sewer prohibited
25
26
Maintenance of Public Ways
92.090
92.091
92.092
92.093
92.094
92.095
92.096
92.097
92.098
92.099
92.100
Owner to maintain public way; keep compatible with adjacent pavement
Owner to keep property cleared to traveled portion of street
Obstructing fire hydrant prohibited
Obstructing view of motorists prohibited
Owners to maintain drainageway on private property; obstruction of drainageway prohibited
Obstructing streets and sidewalks prohibited
Maintenance; repair of sidewalks
Inspection and notice
Failure to comply is a violation
Performance by city
Administration and Enforcement
92.110
92.111
92.112
92.113
92.114
Director of Planning and Development to investigate complaints; notify owner of premises in
violation; exception
Abatement procedure
Termination of utilities
Records of complaints, actions and violations to be available to the public
Appeal to Code Enforcement Appeals Board
Prohibiting Illicit Discharges and Illicit Connections
to the City’s Stormwater System
92.150
92.151
92.152
92.153
92.154
92.155
92.156
92.157
92.158
92.159
Purpose and Scope
Definitions
General Provisions
Prohibition of Discharges and Illicit Connections; Exceptions
Illicit Discharges and Illicit Connections are declared to be a Public Nuisance
Rules and Regulations
Inspection, Monitoring and Remediation
Enforcement and Penalties
Article Supplement to Other Regulations
Severability
92.99
Penalty
GENERAL PROVISIONS
APPLIANCE. Stoves, refrigerators, freezers, washing machines, dryers, dishwashers, or parts thereof.
CODE OFFICIAL. The Director of the Elizabethtown Department of Planning and Development or his/her
designee or the successor thereto.
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DEBRIS. Ruins from construction, including, but not limited to, barrels, metals, metal furniture and
appliances, wood, dirt in piles, rock, pieces of concrete, glass, brick, building materials, and mineral waste.
DEPARTMENT. The Department of Planning and Development for the city.
DISREPAIR. Dangerously rusted, wrecked, or without all properly inflated tires, windshields, window glass,
major chassis components, brake-lights, or without any other vehicle component required by law.
GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of
food.
INCINERATOR. Any incinerator shall be constructed to comply with the requirements of the Commonwealth
of Kentucky Air Pollution Requirements and shall be approved by the Kentucky Fire Marshal or a Deputy of said
Fire Marshal or the City Fire Chief.
MOTOR VEHICLES. Every device, including major parts thereof, in, on, or by which any person or property
is or may be transported or drawn on a public highway, except devices moved by human or animal power, devices
used exclusively on stationary rails or tracks and devices designed to be pulled, drawn, or towed by a motor vehicle.
PERSON. Any individual, firm, corporation, partnership, or other legal designation, including associations,
boards and other groups.
PUBLIC WAY. Any and all entrances, streets, or thoroughfares leading from a public highway or street to a
business where the public is generally invited, is not prohibited from coming thereon and where vehicular or other
traffic customarily takes place.
RUBBISH. Combustible and noncombustible waste materials, except garbage, and the term, shall include the
residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust
and other similar materials.
(Ord. 37, passed 11-4-91)
ANIMALS, FOWL AND REPTILES
§ 92.010 DECLARATION OF NUISANCE.
Violation of this subchapter shall be deemed a public nuisance.
(Ord. 37, passed 11-4-91)
§ 92.011 KEEPING OF ANIMAL, FOWL OR REPTILE WHICH BECOMES A NUISANCE PROHIBITED.
It shall be unlawful for any person to own, keep, harbor, or possess any domestic or other animal of any nature,
any fowl or reptile which becomes a public nuisance.
Cross-reference:
Animals, see Ch. 90
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§ 92.012 CERTAIN VIOLATIONS CONCERNING ANIMALS, FOWL AND REPTILES.
The following shall be deemed a violation of this subchapter:
(A) Any dog, cat or other animal, fowl or reptile, running at large, without a license required by state law.
(B) Any dog, cat or other animal, fowl or reptile which has not received a rabies or other inoculation sufficient
to prevent the dog, cat or other animal, fowl or reptile from contacting or spreading hydrophobia or other infectious
disease.
(C) Any dog, cat, animal, fowl or reptile which damages or destroys any public or private, personal or real
property.
(D) Any dog, cat, animal, fowl or reptile which barks, howls, whines, meows, screeches, hisses, or makes any
other unreasonable noise which becomes a disturbance to neighbors of said person.
§ 92.013 SLAUGHTERING PROHIBITED.
Conducting or maintaining any slaughter house or other premises or area for the slaughtering of animals, fowl,
or reptiles, or to render the byproducts of same shall be a violation.
GARBAGE, DEBRIS AND RUBBISH
(Ord. 37, passed 11-4-91)
§ 92.026 VIOLATIONS CONCERNING GARBAGE, DEBRIS AND RUBBISH.
The following shall be deemed a violation of this subchapter:
(A) The placing or permitting to remain anywhere in the city any garbage or other material subject to decay for
more than 96 consecutive hours, except in a tightly covered metal or plastic container or as part of a compost
operation.
(B) Causing or permitting to accumulate any trash, ashes or dust, or any material that can be blown away by
the wind or other climatic disturbances other than in a covered container.
(C) Depositing or permitting to fall from any vehicle any garbage, rubbish, debris, on any public street or
highway in the city.
(D) The hauling of garbage in any type vehicle other than a packer-type garbage truck approved by the Code
Official or Hardin County Solid Waste Officer.
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(E) The disposal of garbage, debris, or rubbish, by the dumping of same on any premises in the city, with or
without the consent of the owner or possessor of the premises, or the permitting by the owner or possessor of any
premises in the city to dump or permit the dumping of garbage, debris and rubbish on their property. The provisions
of this division apply to all garbage, debris or rubbish, except leaves or other appropriate material disposed of in
accordance with accepted practices for composting.
(F) Failure to dispose of all garbage, debris, and rubbish at least one time per week, except for materials in an
acceptable compost operation as stated elsewhere in this chapter.
(G) Failure to dispose of any dead animals, fowl, and reptiles within six hours after discovery of same by the
owner or possessor of the premises.
(H) Failure to dispose of all garbage, debris and rubbish by any of the following methods:
(1) Pickup and collection by sanitation companies, who possess a valid business license;
(2) Dumping in an approved sanitary landfill;
(3) Collection by the city, this method shall apply only to the collection of certain rubbish materials
deemed to be offered as a public service by the city;
(4) Composting; or
(5) Burning as hereinafter set out.
(I) Burning.
(1) It shall be a nuisance to burn garbage anywhere in the city.
(2) It shall be a nuisance to burn debris or rubbish anywhere in the city, except in an approved incinerator.
(3) The burning of wood, tree branches, yard trimmings, leaves and weeds shall be permitted with the
following conditions:
(a) The location must be approved by the Fire Chief or his/her appointee and a permit issued, if
required.
(b) The fire shall not be closer than 50 feet from any structure and shall be monitored by an adult
with adequate extinguishing agent at hand.
(3) The burning materials shall be completely extinguished prior to abandonment.
(D) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the
methods of fighting fires will be allowed provided that prior approval is given by the Fire Chief or his/her designee
in each instance.
(E) The Fire Chief or his/her designee may prohibit any and all burning when atmospheric conditions or local
circumstances make fires hazardous or which are or could be offensive or objectionable due to smoke or odor
emissions. The Fire Chief or his/her designee shall order the
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extinguishment by the permit holder or the Fire Department of any fire which creates or adds to a hazardous or
objectionable situation.
Cross-reference:
Police and Fire Departments, see Ch. 37,38
ABANDONED; INOPERABLE VEHICLES AND MACHINERY
(Ord. 37, passed 11-4-91)
§ 92.036 PARKING INOPERABLE VEHICLE WHERE IT CAN BE VIEWED FROM PUBLIC HIGHWAY,
OTHER CITY STREETS.
No motor vehicle shall be parked on any property in the city which can be viewed from a public highway or
other city street, which vehicle remains for the period of one week in the same relative location or which for
mechanical or other reasons cannot be moved or which will not operate properly or which is unsightly.
(Ord. 37, passed 11-4-91) (Ord. 31-2005, passed 10-17-05) Penalty, see § 10.99
§ 92.037 DISMANTLING OR OVERHAULING VEHICLE ON PRIVATE PROPERTY PROHIBITED;
EXCEPTIONS.
No vehicle shall be at any time in a state of major disassembly or disrepair, nor shall it be in the process of
being stripped or dismantled, nor shall it undergo major overhaul, including body work, on any private property
within the city. This section shall not apply to a motor vehicle on the premises of business enterprise involved solely
in the repair, renovation, storage or servicing of motor vehicles, a vehicle in an approved storage place or depository
maintained in a lawful place and manner by the city, or a motor vehicle inside a fully enclosed structure or similarly
enclosed area designed and approved for such purposes.
§ 92.038 PARKING OF VEHICLE IN FRONT YARD PROHIBITED; EXCEPTIONS.
The parking, locating, or storing of a motor vehicle located on private property in a front yard, other than inside
a fully-enclosed structure or similarly-enclosed area designed and approved for such purposes, or in a safe manner on
a paved or graveled area shall be a violation of this subchapter.
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§ 92.039 STORING ANY APPLIANCE OUTSIDE OF ANY BUILDING OR WHERE ACCESSIBLE TO
CHILDREN PROHIBITED.
The keeping, placing, or storage outside of any building or dwelling of any appliance or the keeping, placing, or
storage in any other place accessible to children of any appliance shall be a violation of this subchapter.
GRASS AND WEEDS
(Ord. 37, passed 11-4-91)
§ 92.051 GRASS, WEEDS AND VEGETATION TO BE TRIMMED REGULARLY; MAXIMUM HEIGHT.
(A) All grass, weeds, and other vegetation shall be cut and trimmed on a regular basis by the owner and/or
occupant of all property to a height of not more than ten inches at all times, so long as the property is less than two
acres in total area and so long as the property is not agricultural or woodlands.
(B) For property of at least two acres in size, or property that is primarily used for an agricultural use, then the
grass, weeds and vegetation thereon shall be mowed, cut or trimmed to a height commensurate with the customary
practice for agricultural use, but at no time shall the height of any non-harvested crop exceed 36 inches.
§ 92.052 EXEMPTION FOR WOODLANDS AND TREES.
In the event property is predominantly woodlands and trees and the same dominates the land and no crop or
agricultural use is made of same, then this subchapter shall not apply.
EROSION CONTROL
(Ord. 37, passed 11-4-91)
32
§ 92.066 REMOVAL OF VEGETATION; REPLACEMENT.
Any person removing vegetation from any real estate in the city shall reseed, resod or revegetate the same
within six months from the date of the removal, commensurate with the surrounding real estate, unless a building
permit is received from the appropriate city department. This subchapter shall not apply to the customary use of real
estate for agricultural and/or horticultural use, nor to an area of less than 2,500 square feet.
SEWAGE DISCHARGE
(Ord. 37, passed 11-4-91)
§ 92.076 DISCHARGE TO CITY SEWAGE SYSTEM REQUIRED.
Each owner of property in the city having installed any bath, lavatory, toilet, kitchen or other sink, laundry
device, washing machine or other water discharge or storage shall provide for the discharge of the sewage or
drainage into the city sewage system where available and it shall be unlawful and a public nuisance to permit or cause
to be permitted or discharged, sewage or drainage from any bath, lavatory, toilet, sink or other facility, device or
machine or in any other receptacle, or to any storm drain or in any manner not provided for by law.
§ 92.077
DISCHARGE OF RUNOFF OR GROUNDWATER TO SANITARY PUBLIC SEWER
PROHIBITED.
No person shall make connection of roof drains, exterior fountain drains, area-way drains, other sources of
runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a
sanitary public sewer.
Cross-reference:
Water and sewers, see Title V.
MAINTENANCE OF PUBLIC WAYS
Violations of this subchapter shall be deemed a public nuisance.
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§ 92.091 OWNER TO MAINTAIN PUBLIC WAY; KEEP COMPATIBLE WITH ADJACENT PAVEMENT.
The owner of any real estate used as a public way is hereby charged with the responsibility of maintaining the
public way by periodically renewing, repaving or otherwise maintaining a smooth surface for motor vehicular and
other traffic in such a way as to be maintained compatible with and as permanent as adjacent pavement and
maintenance of public ways. The same shall be further maintained in a safe manner so as not to damage motor or
other vehicles generally crossing the public way.
§ 92.092 OWNER TO KEEP PROPERTY CLEARED TO TRAVELED PORTION OF STREET.
All owners of any real estate shall be required to keep that portion of property located between the traveled
portion of the city street and their property line free of garbage and refuse; and to keep the grass or weeds thereon
mowed consistent with §§ 92.051 and 92.052 of this chapter.
§ 92.093 OBSTRUCTING FIRE HYDRANT PROHIBITED.
It shall be a violation for any person to in any way cause to be placed, planted or located any building, structure,
shrubbery, tree, any other planted material, or any ornamental landscaping material, or to change the grade of the
land, adjacent to or in the vicinity of any fire hydrant, so that the fire hydrant is obstructed from view or use or is
rendered inoperable.
§ 92.094 OBSTRUCTING VIEW OF MOTORISTS PROHIBITED.
It shall be a violation for any person to in any way cause to be placed, planted or located any man-made material
or shrubbery, tree, or any other planted material, or to change the grade of the land, within or adjacent to any street
right-of-way or on any private property that obstructs the view of any motorist, at a street intersection, from being
able to view oncoming traffic and operate a motor
vehicle in a safe manner.
§ 92.095 OWNERS TO MAINTAIN DRAINAGEWAY ON PRIVATE PROPERTY; OBSTRUCTION
OF DRAINAGEWAY PROHIBITED.
It shall be the responsibility of all persons owning property to maintain any drainageway on their private
property in a manner that allows for the proper utilization of the drainageway. It shall be a violation for any person
to in any way cause to be placed in or across any drainageway any obstruction, including grass clippings, tree limbs
and debris of any kind whatsoever that alters, restricts or prohibits the drainageway from functioning in a proper
manner, unless prior approval is given by the city as provided for by ordinance.
1995 S-1
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§ 92.096 OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED.
It shall be a violation for any person to in any way cause to be placed across any sidewalk, street, street
crossing, alley, public highway or railroad crossing any blockade or obstruction to remain thereon for a greater
length of time than five minutes, unless prior approval is granted by the appropriate city department. This section
shall not apply to the blocking or obstructing of any sidewalk, street, street crossing, alley, public highway or
railroad crossing done by any public utility or other authorized person in an emergency situation or to repair a public
utility service.
§ 92.097 MAINTENANCE; REPAIR OF SIDEWALKS.
The owners of property abutting on sidewalks of the city are required, at their own expense, to repair or replace
that part of any sidewalk adjoining or on their property, by filling and repairing any holes, uneven surfaces, and
other defects, by using materials as nearly similar as possible to that of which the sidewalk is constructed.
Cross-reference:
Streets and sidewalks, see Ch. 91
§ 92.098 INSPECTION AND NOTICE.
It shall be the duty of the director of the Department of Planning and Development, or any city employee
designated by him, to ascertain the extent of holes, uneven surfaces, or other defects in the sidewalks in the city, and
to notify the owners of the property directly adjacent to that part of the sidewalk which is found to be defective, to
repair or replace the same at their own expense within a period of 30 days after receiving the notice.
(Ord. passed 12-16-68)
§ 92.099 FAILURE TO COMPLY IS A VIOLATION.
Any owner of property who shall fail to repair the sidewalk as set out above within 30 days after receiving
notice, shall be guilty of a violation of this code for each day that the sidewalk remains unrepaired after the period
fixed by the notice.
§ 92.100 PERFORMANCE BY CITY.
The city may, at its option, after notifying the property owners to repair the sidewalk as set out above, enter
upon the sidewalk and repair or replace it in the same manner as set out above, and shall bill the respective property
owners for the cost of labor and materials for the repair of the sidewalk, and the city shall have a lien against the
property for the payment of such costs. After expiration of 30 days after the work on the repairing of the sidewalk is
performed by the city, the property owners shall be liable for a penalty of 3% per annum of the cost of the labor and
materials, and the same shall be a lien against the property and shall run with the land until paid.
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ADMINISTRATION AND ENFORCEMENT
§ 92.110 DIRECTOR OF PLANNING AND DEVELOPMENT TO INVESTIGATE COMPLAINTS; NOTIFY
OWNER OF PREMISES IN VIOLATION; EXCEPTION.
(A) The Director of the Department of Planning and Development and his/her authorized designee shall
administer and enforce this chapter.
(B) The Director shall investigate complaints of violation and report all findings and action in the official
records of the Department. If the Director finds any of the provisions of this chapter are being violated, he/she shall
notify, in writing, the owner or possessor of the premises of the violation. If the violation is not abated within the
time prescribed by the notice, the Director shall then cause a citation to be issued through the District Court,
including the County Attorney's Office. The citation shall, through the district court system of the state, cause a
hearing to be scheduled.
(C) Complaints of violation of the provisions of this chapter governing animals, fowls, and reptiles shall be
investigated by the City Police Department. The Police Department shall follow the same procedures for
investigation and notice as prescribed for other violations under this chapter.
(Ord. 37, passed 11-4-91)
Cross-reference:
Police and Fire Departments, see Ch. 37,38
§ 92.111 ABATEMENT PROCEDURE.
(A) In the event that the District Court finds that a nuisance does exist, then the same may be abated by causing
the removal, eradication, termination or possession, or other remedy to take place so the nuisance is abated promptly.
(B) In the event the nuisance is not abated, as ordered by the District Court, then the District Court may order
the city or its Code Official to take the steps necessary to abate the nuisance and assess the cost of same against the
violator, including any necessary attorney's fees, costs, or other penalties and the same may be then levied against
the property and a lien for the necessary amounts to abate said nuisance shall then bear interest at the rate of 12% per
annum and shall be filed in the office of the Clerk of Hardin County Court until the nuisance and fees, costs, and
other amounts are fully paid.
(Ord. 37, passed 11-4-91)
§ 92.112 TERMINATION OF UTILITIES.
(A) The provisions of termination of utilities set out in division (B) below may be enforced by the District
Court. The District Court may maintain control over a continuing nuisance.
(B) In the event a nuisance is found to exist against the owner, possessor or other violator, then the utilities of
the owner or possessor of the property, may be terminated by court order.
(Ord. 37, passed 11-4-91)
Cross-reference:
Water and Sewer, see Ch. 50
1995 S-1
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§ 92.113 RECORDS OF COMPLAINTS, ACTIONS AND VIOLATIONS TO BE AVAILABLE TO THE
PUBLIC.
The Director of the Department of Planning and Development shall make records of all official actions relating
to the administration and enforcement of the provisions of this chapter available to the public, including but not
limited to, written records of all complaints and actions taken with regard thereto, all violations discovered with
actions taken thereto and the final disposition of such matters.
(Ord. 37, passed 11-4-91)
§ 92.114 APPEAL TO CODE ENFORCEMENT APPEALS BOARD.
Any decision of the Code Official of the city in the enforcement of the provisions of this chapter may be
appealed to the Elizabethtown Code Enforcement Appeals Board by filing a written notice in the proper form with the
Code Official at his/her office. The written appeal shall be filed within seven days of the decision, action or
determination made by the Code Official from which the appeal is sought.
(Ord. 37, passed 11-4-91)
PROHIBITING ILLICIT DISCHARGES AND ILLICIT CONNECTIONS
TO THE CITY’S STORMWATER SYSTEM
§ 92.150 PURPOSE AND SCOPE
This Section is intended to protect the general health, safety and welfare of the citizens of the City of
Elizabethtown by declaring illicit discharges into the storm sewer system to be nuisances, and more specifically;
To protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and
consistent with the Federal Clean Water Act by prohibiting non-stormwater discharges to the municipal separate
storm sewer system (MS4), collectively called Stormwater conveyance system.
To prohibit illicit discharges and connections to the MS4.
To establish legal authority to carry out all inspections, surveillance and monitoring, and enforcement
procedures necessary to ensure compliance with this section.
(Ord. 21-2008, passed 12-22-08)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or
THE DEPARTMENT OF STORMWATER MANAGEMENT. The Enforcement Agency working through
the Director of Stormwater Management and duly authorized staff, representatives, or designees.
HAZARDOUS MATERIALS. Any materials, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, biological or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
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ILLICIT DISCHARGE. Any direct or indirect non-stormwater substance or hazardous materials disposed,
deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or
unintentionally, into the MS4 or any area that has been determined to drain directly or indirectly into the MS4,
except as exempted in Section 92.153.
ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface, which allows an
illicit discharge to enter the MS4. Included are conveyances which allow any non-stormwater discharge including
sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed,
permitted or approved.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance, or system of conveyances
including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels,
and storm drains designed or used for collecting or conveying Stormwater to the waters of the United States. Sanitary
and combined sewers are not included in the definition of the municipal separate storm sewer system.
NON-STORMWATER DISCHARGE. Any discharge to the MS4, that is not composed solely of Stormwater
except as permitted by Section 92.153.
POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited
to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and
wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of
any kind.
PREMISES. The area of land, site, grounds or property on which the illegal discharge emanates or the illicit
connection exists.
(Ord. 21-2008, passed 12-22-08)
§ 92.152 GENERAL PROVISIONS.
Except as herein provided or exempted by the Director of Stormwater Management, this section shall apply to
all non-stormwater discharges and connections to the MS4 owned and operated by the City of Elizabethtown.
The Director of Stormwater Management shall administer, implement, and enforce the provisions of this
section.
This section shall be construed to insure consistency with requirements of the Clean Water Act, the City of
Elizabethtown KPDES Phase 2 Program, and acts amendatory thereof or any other applicable regulations.
The standards and requirements set forth herein and promulgated pursuant to this section are minimum
standards. This section does not intend nor imply that compliance by any person, company, developer, or any other
entity will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the
MS4.
(Ord. 21-2008, passed 12-22-08)
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§ 92.153 PROHIBITION OF DISCHARGES AND ILLICIT CONNECTIONS; EXCEPTIONS.
No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4 any
pollutants including but not limited to hazardous materials or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than Stormwater. The commencement, conduct or
continuance of any illicit discharge is prohibited.
This section does not apply to following categories of non-stormwater discharges or flows, unless the Director of
Stormwater Management and/or Enforcement Agency indentifies them as significant contributors of pollutants to it
MS4: water line flushing, landscaping irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration, uncontaminated pumped ground water, discharge from potable water sources, foundation
drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual non-polluting residential home and car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, firefighters activities and street wash water from municipal cleaning
operations.
The prohibition of discharges or flows shall not apply to any non-stormwater discharges permitted under a
NPDES permit, waiver, or waste discharges order issued to the discharger and administered by the Kentucky
Division of Water under the authority of the Federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge to the storm drain system.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is
prohibited. This prohibition includes without limitation, illicit connections made in the past, regardless of whether the
connection was permissible under law or practice applicable at the time of connection.
(Ord. 21-2008, passed 12-22-08)
§ 92.154 ILLICIT DISCHARGES AND ILLICIT CONNECTIONS ARE DECLARED TO BE A PUBLIC
NUISANCE.
Illicit discharges and illicit connections are declared to be a public nuisance, being a threat to the public health,
safety and welfare. The City shall take all necessary steps to abate the nuisance, including all measures cited in
section 92.157, Enforcement and Penalties, and/or any other action permitted by State and Federal law.
(Ord. 21-2008, passed 12-22-08)
§ 92.155 RULES AND REGULATIONS.
Compliance by Elimination of Illicit Discharge – The Director of Stormwater Management may require by
written Notice of Violation that the person, property owner, occupant, tenant, lessor, lessee, or entity (hereinafter
referred to as “party”) responsible for an illicit discharge immediately, or by a specified date, discontinue the
discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges.
The elimination of an illicit discharge within seven (7) days after receipt of Notice of Violation from the
Enforcement Agency shall be considered compliance with the provisions of this section and no further action shall be
taken.
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Monitor and Analyze – The Director of Stormwater Management may require by written notice that any party
engaged in any activity and/or owning or operating any property or facility which has been determined to contribute
to stormwater pollution, illicit discharges, and/or non-stormwater discharges to the MS4 to undertake at said party’s
expense such monitoring and analyses and furnish such reports to the Director of Stormwater Management and/or
Enforcement Agency as deemed necessary to determine compliance with this section.
Notification of Spills – Notwithstanding other requirements of local, state and federal law, as soon as any party
responsible for a property, facility or operation, or responsible for emergency response for a property, facility, or
operation, has information of any known or suspected release of pollutants or hazardous materials which are resulting
or may result in illegal discharges to the MS4, said party shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of hazardous materials, said party shall
immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the
event of a release of non-hazardous materials to the MS4, said party shall notify the Director of Stormwater
Management and/or Enforcement Agency in person, by phone, or facsimile immediately, but no later than 2:00 p.m.
of the next business day. Notification shall be confined by written notice addressed and mailed to the Director of
Stormwater Management within three business days of the original notice.
(Ord. 21-2008, passed 12-22-08)
§ 92.156 INSPECTION, MONITORING AND REMEDIATION.
Right of Entry and Inspection – Whenever the Director of Stormwater Management has cause to believe that
there exists, or potentially exists, any condition which constitutes a violation of this section, the Director of
Stormwater Management shall be permitted to enter the believed violating premises served by the MS4 at all
reasonable times to inspect the same. Refusal to allow entrance to the premises for inspection or monitoring shall
constitute a violation for each day after the Notice of Violation that his refusal continues. If the Director of
Stormwater Management has been refused access to any part of the premises from which Stormwater is discharged
and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a
need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance
with this section, or any order issued hereunder to protect the overall public health, safety and welfare of the
community, the City may seek all appropriate remedies from any court of competent jurisdiction, including the
issuance of a search warrant.
Urgency Abatement – The Director of Stormwater Management is authorized to require immediate abatement of
any violation of this section that constitutes an immediate threat to the health, safety or well being of the public. If
any such violation is not abated immediately as directed by the Director of Stormwater Management, the City is
authorized to enter into private property and to take any and all measures required to remediate the violation. Any
expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or
responsible part.
Sampling Devices and Testing – During any inspection as provided herein, the Director of Stormwater
Management may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or
to record site activities. The costs of all testing may be passed on to the party, owner or operator of the premises
where the illicit discharge emanates
(Ord. 21-2008, passed 12-22-08)
§ 92.157 ENFORCEMENT AND PENALTIES.
Any of the following enforcement remedies and penalties, to be applied independently or in a sequence as
deemed necessary, shall be available to the City in response to violations of this section.
2009-S-1
36D
Notice of Violation – Enforcement proceedings for this section shall be initiated by the issuance of a Notice of
Violation (NOV) by the Director of Stormwater Management.
Failure to remedy the violation within seven (7) days of receipt of the Notice of Violation shall result in a
citation for a civil offense. Each day such violation continues after receipt of a citation shall be considered a separate
offense. The civil administrative fine for each citation (violation) of this section shall be not less than $100 and not
more than $500. The civil fine shall be paid directly to the City of Elizabethtown. If the fine is not paid within thirty
(30) days from the date of notification, then the City may recover said fine in a civil action in the court of proper
jurisdiction. The party cited may appeal the citation and request a hearing before the Code Enforcement Board
prescribed in Chapter 34 of the Elizabethtown Code of Ordinance.
The City may also obtain injunctions or abatement orders to insure compliance with this section or pursue
administrative remedies.
Legal Proceedings, Notification of Kentucky Division of Water – The Director of Stormwater Management or
designated agent may pursue appropriate legal proceedings for the enforcement of this section, and the City shall be
entitled to recover its costs expended and reasonable attorney’s fees in such proceedings. If a person, property, or
facility has or is required to have a stormwater discharge permit from KYDOW, the City shall notify the appropriate
State authorities of the violation.
Revocation of permit, improvement or development plans – Permits, improvement plans or development plan
approvals may be revoked for any substantial departure from the approved plans thereby resulting in an illicit
discharge as defined herein.
Stop Work Orders – For violations involving active construction sites, the Director of Stormwater Management
may issue a Stop Work Order and require that all activities cease, except those actions that are necessary to eliminate
the illicit discharge.
Suspension of MS4 access due to illicit discharges in emergency situations – The City may, without prior notice,
suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge that
presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to
the MS4, or to waters of the United States. If the violator fails to comply with a suspension order issued in an
emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4, or waters
of the United States, or to minimize danger to persons.
Suspension of MS4 access due to the detection of illicit discharge – Any entity discharging to the MS4 or any
conveyance in violation of this section may have its MS4 access terminated in such termination would abate or reduce
an illicit discharge. The City shall require the violator to disconnect access to the MS4 at their cost or take corrective
action to eliminate the source of the illicit discharge. Reinstatement of MS4 access to premises terminated pursuant to
this section without the prior approval of the City constitutes a violation.
Cost of abatement of a violation – Any person causing a violation of this section which requires the City to
expend public funds for the response to the violation, its abatement or the cleanup or removal of any prohibited
discharges, pollutants or hazardous materials shall be liable to the City for all recoverable fees and costs incurred by
the City for such response, cleanup and removal. This shall include but not limited to personnel costs of any City
Departments, replacement costs of supplies and equipment contaminated as a result of the discharge, proper disposal
of contaminated materials, cleanup, evacuation and administrative and other expenses, including legal expenses,
incurred in recovering such costs. Any such illegal discharges shall be considered a public health hazard and the City
shall have a lien against the property for its recoverable costs if these costs are not paid within ninety (90) days of
invoice.
(Ord. 21-2008, passed 12-22-08)
2009-S-1
Nuisances
36E
§ 92.158 ARTICLE SUPPLEMENTAL TO OTHER REGULATIONS.
The provisions of this section are supplemental and in addition to all other regulatory codes, statutes and
ordinances heretofore enacted by the City, State or other legal entity or agency having jurisdiction.
The provisions of this section shall be deemed cumulative of the provisions and regulations contained in the
Code of Ordinances of the City of Elizabethtown, Kentucky, save and except that, where the provisions of this
section and the sections hereunder are in conflict with the provisions elsewhere in this Code, then the provisions
contained herein shall prevail.
Any party who violates any provision of this section or any provision of any permit issued by the City of
Elizabethtown may also be in violation of the Federal Clean Water Act and may be subject to the sanctions of that
Act including civil and criminal penalties. Any enforcement action authorized under this section may also include
written notice to the party of such potential liability.
(Ord. 21-2008, passed 12-22-08)
If any provision, clause, sentence, or paragraph of this section or its application to any person of factual context
shall be held invalid, that invalidity shall not affect the remaining provisions of this section, which may be given
effect independent of the provision or application declared invalid.
(Ord. 21-2008, passed 12-22-08)
§ 92.99 PENALTY
Any violation of this ordinance is subject to the penalty of §10.99. The enforcing agency, department or
individual may choose to seek enforcement through the Code Enforcement Board enacted on the 30th day of April,
2003, by Ordinance No. 09-2003.
(Ord. 13-2003, passed 06-16-2003)
2009-S-1
36F
CHAPTER 93: FIRE PREVENTION
Section
Fire Prevention
93.01
93.02
93.03
93.04
93.05
93.99
National fire codes adopted by reference
Standards of Safety adopted by reference
Reserved
Minimum fire protection requirements; water supply and fire hydrants
Minimum fire protection requirements to be completed prior to issuance of building permits
Penalty
FIRE PREVENTION
§ 93.01 NATIONAL FIRE CODES ADOPTED BY REFERENCE.
(A) The City Council hereby adopts all volumes of the current edition of the National Fire Codes, and
supplements thereto, as published by the National Fire Protection Association, except NFPA 1500, and the same are
hereby in full force and effect as to all real and personal property in the city.
(B) The above codes are on file in the office of the City Clerk, Fire Department, and Department of Planning
and Development. Any person violating any provision of such codes shall be punished as provided in § 10.99..
('73 Code, § 10-10) (Ord., passed 4-3-72; Am. Ord., passed 2-18-74; Am. Ord., passed 6-5-78; Am. Ord., passed
1-20-86, Ord. 08-2002, passed 06-17-2002)
§ 93.02 STANDARDS OF SAFETY ADOPTED BY REFERENCE.
(A) The Kentucky Fire Prevention Code (Standards of Safety) as promulgated in 815 KAR 10:060 by the
Commissioner of the Department of Housing, Buildings and Construction on the advice and recommendation of the
State Fire Marshal, is hereby adopted in full as an Ordinance of the City of Elizabethtown of the Commonwealth of
Kentucky. Copies of the code book are available through the Department of Housing, Buildings and Constructions,
1047 U.S. 127, South Frankfort, Kentucky 40601.
(B) The Elizabethtown Fire Chief shall be designated as the local enforcement agent/agency for said Standards
of Safety as appointed by the Fiscal Court or City.
(C) All final decisions of the fire code official of the City of Elizabethtown, shall be appealable to a local
appeals board pursuant to the procedures adopted by the Mayor and City Council of the City of Elizabethtown.
(Ord. Passed 7-21-97, Ord. 08-2002, passed 06-17-2002)
§ 93.03 RESERVED.
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2003-S4
38
§ 93.04 MINIMUM FIRE PROTECTION REQUIREMENTS; WATER SUPPLY AND FIRE HYDRANTS.
The following minimum fire protection requirements shall apply to all future developments and additions in the
city:
(A) Water supply.
(1) For residential subdivision and small commercial districts, water mains shall be not less than six inches
in diameter, including fire hydrant branch connections, and shall be arranged into a gridiron or “looped” system. If
intersecting mains are at a distance in excess of 800 feet, or if dead end or poor circulation is likely to exist for a
considerable period of time, or if other physical characteristics indicate, the developer may be required to install
mains of a large diameter. Fire flows based on the following guidelines shall be the determining factor:
(a) Scattered residential area:
(b) Residential subdivisions:
(c) Minor mercantile districts:
500 g.p.m at flow pressure.
1,000 g.p.m. at flow pressure.
1,500 g.p.m. at flow pressure.
(2) For large commercial and industrial subdivisions, water mains shall be “looped” or interconnected
with existing mains and their diameter shall be equal to or greater than the smallest diameter line to which they are
being connected. In addition to the previous conditions, a fire flow of at least 2,000 gallons per minute at flow
pressure must be expected to be obtained. If a minimum flow of 2,000 gallons per minute can be proven, the
conditions for “looping” and sizing may be waived.
(3) The Engineering Department in conjunction with the Fire Department shall make the final
determination of the minimum size pipe for all systems.
(4) The distribution system shall be equipped with a sufficient number of valves located at all branches and
placed so that no more than 800 feet of a main is shut down at any time.
(5) All water mains shall be installed in conformity with the minimum requirements of the city and the
local water authorities. Fire protection services shall be equipped with a detector check valve and backflow
preventer. Approval shall be obtained for all fire protection systems prior to the issuance of a building permit.
(B) Fire hydrants.
(1) Fire hydrants shall be spaced not further than 500 feet apart as measured over hard surfaced roads.
The distance between a fire hydrant and any portion of a building shall not exceed 300 feet as measured on a hardsurface access road.
Fire Prevention
39
(2) Fire hydrants must be located at least 25 feet away from the exterior wall of any masonry building,
and at least 50 feet away from any exterior wall of frame or equivalent construction, including brick and stone
veneer.
(3) Fire hydrants shall meet the minimum specifications and be installed in conformity with the
requirements of the city and the local water authorities. The location of all hydrants must be approved by the Fire
Chief and the City Engineer.
(4) Fire hydrants shall be equipped with not less than two, two and one-half inch outlets and a four and
one-half inch pumper outlet, and shall have National Standard threads. Each hydrant shall have an inlet gate valve
installed in conjunction with it.
Cross-reference:
Water and sewers, see Ch. 51
§ 93.05 MINIMUM FIRE PROTECTION REQUIREMENTS TO BE COMPLETED PRIOR TO ISSUANCE
OF BUILDING PERMITS.
It is essential that the foregoing minimum requirements be completed prior to the issuance of building permits
for any construction. The city department responsible for issuing building permits shall not issue building permits
until such time as a certification of completion of fire hydrant installation is received. This can be done at the same
time there is a physical inspection of the other development improvements.
('73 Code, § 10-12) (Ord., passed 6-5-86)
Cross-reference:
Building regulations, see § Ch. 150
§ 93.99 PENALTY
Any violation of this ordinance is subject to the penalty of §10.99. The enforcing agency, department or
(Ord. 13-2003, passed 06-16-2003)
2003-S-4
40
CHAPTER 94: LITTERING
Section
94.01
94.02
94.03
94.04
94.99
Tracking foreign matter on streets
Hauling loose material
Sweeping litter into gutters
Litter on private property
Penalty
§ 94.01 TRACKING FOREIGN MATTER ON STREETS.
No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or
deposit upon any street, alley, or other public place, mud, dirt, sticky substances, litter, or foreign matter of any
kind.
§ 94.02 HAULING LOOSE MATERIAL.
Every person hauling or causing to be hauled dirt, sand, gravel, cement, fill dirt, or loose material of any kind
in or upon any street, alley, sidewalk, or other public place shall haul it, or cause it to be hauled in vehicles provided
with tight boxes or beds so constructed or loaded as to prevent any of the contents from falling or being thrown,
blown, or deposited upon any street, alley, sidewalk, or other public place. Any materials which fall from, or which
are thrown, blown, or deposited from any vehicle upon any street, alley, sidewalk, or other public place, shall be
removed immediately by the person in charge of the vehicle.
§ 94.03 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit in any gutter, street, or other public place within the city the accumulation
of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their premises free of litter.
§ 94.04 LITTER ON PRIVATE PROPERTY.
(A) No person shall throw or deposit litter on any occupied private property within the city, whether owned by
that person or not, except that the owner or person in control of private property may maintain
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42
authorized private receptacles for collection in such a manner that litter will be prevented from being carried or
deposited by the elements upon streets, sidewalks, or other public places, or upon any private property.
(B) No person shall throw or deposit litter on any open or vacant private property within the city whether
owned by that person or not.
§ 94.99 PENALTY
Any violation of this section is subject to the penalty of §10.99. The enforcing agency, department or individual
may choose to seek enforcement through the Code Enforcement Board enacted on the 30th day of April, 2003, by
Ordinance No. 09-2003. (Ord. 19-2003, passed 06-23-2003)
2003-S-4
CHAPTER 95: CEMETERIES
Section
Perpetual Care Trust Fund
95.01
95.02
95.03
95.04
95.05
95.06
95.07
95.08
95.09
95.10
95.11
95.12
95.13
Establishment
Sources of money
Use of income only
Designation; appointment of trustee
Powers or trustee
Trustee's compensation
Term of trustee
Annual trustee report and audit
Income payments to city
Use of funds for upkeep and maintenance expenditures
Deficiency in operation of cemetery to be met by emergency account
City to annually report and account with trustee
Scope and effect of provisions; amendments
PERPETUAL CARE TRUST FUND
A perpetual trust fund to be used solely for the maintenance and care of the city cemetery is hereby created to be
known as the Elizabethtown City Cemetery Perpetual Care Trust Fund.
('73 Code, § 7-14) (Ord., passed 3-21-60)
§ 95.02 SOURCES OF MONEY.
The Elizabethtown City Cemetery Perpetual Care Trust Fund shall be created from funds donated, given, or
bequeathed to the fund and such other funds from former bequests, gifts, or otherwise as are available.
('73 Code, § 7-15) (Ord., passed 3-21-60)
§ 95.03 USE OF INCOME ONLY.
Only the income from the Perpetual Care Trust fund hereby established shall be used.
('73 Code, § 7-16) (Ord., passed 3-21-60)
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44
§ 95.04 DESIGNATION; APPOINTMENT OF TRUSTEE.
The PNC Bank of Elizabethtown, Kentucky, is hereby designated and appointed trustee for the City Cemetery
Perpetual Care Trust Fund hereby created, and upon acceptance by the bank, the appointment shall be irrevocable,
except as herein provided.
('73 Code, § 7-17) (Ord., passed 3-21-60)
§ 95.05 POWERS OR TRUSTEE.
The trustee of the Fund is hereby given sole power to manage and control the Fund and to direct the investment
of the assets of same.
('73 Code, § 7-18) (Ord., passed 3-21-60)
§ 95.06 TRUSTEE'S COMPENSATION.
The trustee shall receive compensation as is provided by law for the handling and management of the Trust
Fund.
('73 Code, § 7-19) (Ord., passed 3-21-60)
§ 95.07 TERM OF TRUSTEE.
The trustee shall serve for the duration of the Trust which is perpetual, or until the trustee shall resign or be
removed for cause by a court of competent jurisdiction after due hearing and adjudication. The trustee shall not be
removable by the governing body of the city.
('73 Code, § 7-20) (Ord., passed 3-21-60)
§ 95.08 ANNUAL TRUSTEE REPORT AND AUDIT.
The trustee shall file an annual report and audit with the governing body of the city, setting forth the assets of
the fund, where and how invested and the income from same, and same shall constitute a public record.
('73 Code, § 7-21) (Ord., passed 3-21-60)
§ 95.09 INCOME PAYMENTS TO CITY.
The trustee shall, after deducting all costs of maintaining, handling and inventing the fund, pay to the city all
income from the fund, the payments to be made quarterly on March 31, June 30, September 30, and December 31 of
each year.
('73 Code, § 7-22) (Ord., passed 3-21-60)
§ 95.10 USE OF FUNDS FOR UPKEEP AND MAINTENANCE EXPENDITURES.
The city shall keep the funds so paid to it by the trustee, together with funds from any other source for
maintenance purposes, separate and apart from all other funds and shall expend same solely for the
Cemeteries
45
upkeep and maintenance of the cemetery. If at the end of any calendar year there should exist any surplus over and
above that required for the upkeep and maintenance, same shall be repaid to the trustee who shall reinvest same or
place same in an emergency account as is deemed best by the trustee.
('73 Code, § 7-23) (Ord., passed 3-21-60)
§ 95.11 DEFICIENCY IN OPERATION OF CEMETERY TO BE MET BY EMERGENCY ACCOUNT.
In the event the surplus mentioned in § 95.10 exists and the emergency account is created, the trustee is empowered to pay from same such amounts as may be necessary to the city to meet any deficiency in the operation of the
cemetery.
('73 Code, § 7-24) (Ord., passed 3-21-60)
§ 95.12 CITY TO ANNUALLY REPORT AND ACCOUNT WITH TRUSTEE.
The city shall annually report and account with the trustee as to the expenditure of all funds received from the
trustee, and same shall constitute a public record.
('73 Code, § 7-25) (Ord., passed 3-21-60)
§ 95.13 SCOPE AND EFFECT OF PROVISIONS; AMENDMENTS.
This subchapter enacted for the protection nd assurance of all donors to the fund and constitutes a contract with
the donors, the city, and the trustee, and the terms of this subchapter may be amended only as authorized and
directed by a court of competent jurisdiction after joint application thereof by the city and the trustee and proper
notice, hearing and adjudication.
('73 Code, § 7-26) (Ord., passed 3-21-60)
46
CHAPTER 96: FAIR HOUSING
Section
General Provisions
96.01
96.02
96.03
96.04
96.05
City policy
Definitions
Unlawful housing practices
Unlawful financial practices
Exemptions
96.15
Citizens Advisory Committee; duties
96.16
Grievance; enforcement procedures
96.17
Injunctive relief; prosecution
Cross-reference:
Equal employment opportunity, see Ch. 37
GENERAL PROVISIONS
§ 96.01 CITY POLICY.
It is the policy of the city to safeguard all individuals within the city from discrimination because of race, color,
religion, sex, ethnic group, familial status, disability or national origin. This policy is in conformance with Federal
and State Constitutional rights.
('73 Code, § 15-30) (Ord., passed 7-17-72)
HOUSING ACCOMMODATION. Includes improved and unimproved property and means a building,
structure, lot, or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied
as the home or residence of one or more individuals.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. An individual, whether licensed or not, who,
for a fee, commission, salary or other valuable consideration, or who with the intention or expectation of receiving or
collecting the same, lists, sells, purchases, exchanges, rents or leases real
47
48
estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate such an activity; or
who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan
secured by mortgage or other encumbrances, upon a transfer of real estate; or who is engaged in the business of
charging an advance fee or contracting for collection of a fee in connection with a contract whereby he/she
undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication
issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
REAL ESTATE OPERATOR. Any individual or combination of individuals, labor unions, joint apprenticeship
committees, partnership, associations, corporations, legal representatives, mutual companies, joint-stock companies,
trusts, unincorporated organizations, trustees in bankruptcy, receives or other legal or commercial entity, the county
or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real
estate, or the improvement thereon, including options, or that derives income, in whole or in part, from the sale,
purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives,
condominiums and hereditaments, corporeal and incorporeal, or any interest in the above.
('73 Code, § 15-31) (Ord., passed 7-17-72)
§ 96.03 UNLAWFUL HOUSING PRACTICES.
It is an unlawful practice for a person having the right to sell, exchange, rent or lease any property, or for a real
estate broker, real estate salesperson, or an individual employed by or on behalf of any of these to:
(A) Refuse to sell, exchange, rent or lease or otherwise deny to or withhold real property from an individual
because of race, color, religion, sex, ethnic background, familial status, disability, or national origin;
(B) Discriminate against an individual because of race, color, religion, sex, ethnic background, familial status,
disability or national origin in the terms, conditions or privileges of the sale, exchange, rental or lease of real
property or in the furnishings of facilities or services in connection therewith;
(C) Refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual
because of race, color, religion, sex, ethnic background, familial status, disability, or national origin;
(D) Refuse to negotiate for the sale, rental or lease of real property to an individual because of race, color,
religion, or national origin;
(E) Represent to an individual that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or to refuse to permit an individual to inspect real property because of race, color, religion, or
national origin;
(F) Print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement or sign,
or to use a form of application for the purchase, rental or lease of real property, or to make a record or inquiry in
connection with the prospective purchase, rental or lease of real property, which indicates directly or indirectly a
limitation, specification, or discrimination as to race,
Fair Housing
49
color, religion, familial status, disability or national origin or an intent to make such a limitation, specification or
discrimination;
(G) Offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding
that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of
facilities or services in connection therewith because of race, color, religion, familial status, disability, or national
origin; or
(H) Otherwise to deny or withhold real property from an individual because of race, color, religion, sex, ethnic
background, familial status, disability, or national origin.
§ 96.04 UNLAWFUL FINANCIAL PRACTICES.
It is an unlawful practice for a person, bank, banking organization, mortgage company, insurance company, or
other financial institution or lender to whom application is made for financial assistance for the purchase, lease,
acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual
employed by or acting on behalf of any of these to:
(A) Discriminate against an individual because of the race, color, religion, sex, ethnic background, familial
status, disability, or national origin of the individual or the present or prospective owner, tenant, or occupant of that
real property or of a member, stockholder, director, officer, employee, or representative of any of these, in the
granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges or other provisions
of financial assistance or in the extension of services in connection therewith;
(B) Use a form of application for financial assistance or to make or keep a record or inquiry in connection with
applications for financial assistance which indicate directly or indirectly, a limitation, specification or discrimination
as to race, color, religion, sex, ethnic background, familial status, disability or national origin or an intent to make
such a limitation, specification or discrimination.
§ 96.05 EXEMPTIONS.
The provisions of this subchapter do not apply to:
(A) The rental of a housing accommodation in a building which contains housing accommodations for not more
than two families living independently of each other, if the owner or a member of his/her family resides in one of the
housing accommodations;
(B) The rental of a portion of a housing accommodation by the occupant of the housing accommodation, or by
the owner of the housing accommodation if he/she or a member of his/her family resides therein;
(C) A religious institution or to an organization operated for charitable or educational purposes, which is
operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious
corporation, association or society, limits or gives preferences in the sale, lease, rental, assignment or sublease of
real property to individuals of the same religion, or makes a selection
50
of buyers, tenants, lessees, assignees or sublessees that is calculated by the religious corporation, association or
society to promote the religious principles for which it is established or maintained.
('73 Code, § 15-34) (Ord., passed 7-17-72)
§ 96.15 CITIZENS ADVISORY COMMITTEE; DUTIES.
In the enforcement of this chapter, the Citizens Advisory Committee of the city has the following powers and
duties:
(A) To meet and exercise its powers at any place within the city;
(B) To utilize the legal services of the City Attorney concerning violations or alleged violations of this chapter;
(C) To receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging
violations of this chapter;
(D) After notice and hearing, issue recommendations to the City Council for remedial action in affirmed
violations;
(E) To issue such affirmative recommendations to the City Council as in the judgment of the committee will
carry out the purposes of this chapter. Recommendations may include but are not limited to the remedies enumerated
in Section 506 (b) of the Kentucky Civil Rights Act (KRS 344.704).
('73 Code, § 15-35) (Ord., passed 7-17-72)
§ 96.16 GRIEVANCE; ENFORCEMENT PROCEDURES.
(A) An individual claiming to be aggrieved by an unlawful practice or a member of the Citizens Advisory
Committee may file with the Committee a written (sworn) complaint stating that an unlawful practice has been
committed, setting forth the facts upon which the complaint is based, and setting forth the facts sufficient to enable
the Committee to identify the persons charged (hereinafter the respondent). The complaint must be filed within six
months after the alleged unlawful practice occurs.
(B) The Committee shall make a prompt and full investigation of each complaint (within 60 days).
(C) If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful
practice, the Committee shall dismiss the complaint.
(D) If it is determined, after investigation, that there is probable cause to believe that the respondent has
engaged in a unlawful practice, the Committee shall endeavor to eliminate the alleged unlawful practice by
conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may
require him/her to refrain from the Committee of unlawful discriminatory practices in the future and make such
further provisions as may be agreed upon between the Committee and the respondent. Except for the terms of the
conciliation agreement, neither the Committee nor officer or
Fair Housing
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employee of city shall make public, without the written consent of the complaint and the respondent, information
concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation or persuasion
whether or not there is a determination of probable cause or a conciliation agreement.
(E) In any case of failure to eliminate the alleged unlawful practice by means of conference, conciliation and
persuasion, the Committee shall hold a public hearing to determine whether or not an unlawful practice has been
committed. The Committee shall serve upon the respondent a statement of the charges made in the complaint and a
notice of the time and place of the hearing by certified or registered letter.
(F) The hearing shall be held not less than ten days after the service of the statement of charges. The
respondent shall have the right to file an answer, to appear at the hearing in person or to be represented by an
attorney and to examine and cross-examine witnesses.
(G) If the Committee determines that the respondent has not engaged in an unlawful practice, the Committee
shall state its findings of fact and shall dismiss the complaint.
(H) If the Committee determines that the respondent has engaged in an unlawful practice, the Committee shall
state its findings of fact and recommendations to the City Council within 30 days of the conclusion of the hearing;
that the City Council take such affirmative action as in the judgment of the Council as will carry out the purpose of
this chapter.
(I) In connection with an investigation of a complaint filed under this chapter, the Committee or its designated
representative at any reasonable time may request access to premises, records, and documents relevant to the
complaint and the right to examine, photograph and copy evidence.
('73 Code, § 15-37) (Ord., passed 7-17-72)
§ 96.17 INJUNCTIVE RELIEF; PROSECUTION.
In the event the respondent fails to comply with any order issued by the City Council, the Council shall either:
(A) File a complaint for enforcement in the county court pursuant to the provisions of Section 704 of the Kentucky Civil Rights Act, (KRS 344.704); or
(B) Certify the case and the entire record of its proceedings to the City Attorney for prosecution.
('73 Code, § 15-37) (Ord., passed 7-17-72)
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CHAPTER 9 NOISE
Section
97.01
97.02
97.03
97.99
Definitions
Prohibited Activity
Exempted Noise
Penalty
Excessive loud and/or harsh noise: Any noise which is plainly audible by a person with normal hearing at a
distance of 50 feet from its point of origin or emanation.
Person: Any person, firm, association, partnership, joint venture, corporation or any private entity of any
nature.
(Ord. 34-2003, passed 11-17-2003)
§ 97.02 PROHIBITED ACTIVITY
It shall be unlawful for any person within the City to make, continue, or cause to be made or continued, any
unreasonably loud, harsh, excessive or unnecessary or unusual noise which either annoys, disturbs, injures, or
endangers the comfort, repose, health, peace or safety of others unless the making and continuing of the noise is
necessary for the protection or preservation of property or the life, health or safety of a person or persons.
Said offensive noise activity may include, but is not limited to, sounds from horns, radios, stereos, any
amplification system, musical instrument, or any other device which causes noise of any kind.
Further prohibited is the use or operation of any vehicle on any public or private property in such a manner as to
produce any unreasonably loud, harsh or excessive noise, or to discharge into the open air the exhaust of any vehicle
except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
A person may be cited as violating this ordinance for the production of any noise that is excessively loud or
harsh.
(Ord. 34-2003, passed 11-17-2003)
§ 97.03 EXEMPTED NOISE
Specifically exempted from violation of this ordinance are the following noises:
1.
2.
3.
4.
5.
Amplified noise for which a permit has been issued by the Elizabethtown Police Department;
Noise from safety signals, warning devices and emergency pressure relief valves;
Noise resulting from any authorized emergency vehicle or law enforcement activity or training facilities;
Noises resulting from construction or demolition activity;
Noises from the use of farm machinery, lawn mowers or other machinery properly muffled utilized for
agricultural or landscaping purposes;
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6.
Noises originating or emanating from religious activities, public recreational facilities such as, but not
limited to, fairgrounds, sport arenas, sports stadiums, amusement parks and other public amusement
establishments;
7. The operation of any aircraft in conformity with, or pursuant to, federal law, federal air regulations and/or
air traffic control instructions.
(Ord. 34-2003, passed 11-17-2003)
§ 97.99 PENALTY
Any person violating this section shall be fined in an amount not less than twenty ($20.00) nor more than two
hundred fifty dollars ($250.00); each day the violation is continued shall constitute a separate offense. Any person
violating this ordinance may also be found guilty of a civil offense. The civil fine shall be not less than twenty
($20.00) nor more than two hundred fifty dollars ($250.00). The civil fine shall be paid directly to the City of
Elizabethtown. If the fine is not paid within thirty (30) days from the date of notification, then the City may recover
said fine in a civil action in a Court of proper jurisdiction. The City may also obtain injunctions or abatement orders
to insure compliance with this ordinance or pursue administrative remedies when appropriate, including injunctions
and abatement proceedings.
The citing officer may at his or discretion cite the offender to appear before the Code Enforcement Board.
(Ord. 34-2003, passed 11-17-2003)
CHAPTER 98: PARKS AND RECREATION
Section
General Provisions
98.01
98.02
98.03
98.04
98.05
98.06
98.07
98.08
Closing hours at Freeman Lake Park; American Legion Field
Motor vehicle use in recreational areas
Fishing on Freeman Lake
Swimming in city-owned or occupied reservoirs
Use of impoundment or reservoir without permission prohibited
Fishing in city impoundments and lakes
Maintenance of certain city-owned property in natural state
Fees for recreational facility
GENERAL PROVISIONS
§ 98.01 CLOSING HOURS AT FREEMAN LAKE PARK; AMERICAN LEGION FIELD.
Freeman Lake Park shall be open from sunrise to sunset and American Legion Park shall be open at times
posted and shall be closed at sunset and all persons shall leave these parks before sunset each day unless prior
approval is granted by the city.
('73 Code, § 16-3.1) (Ord., passed 6-6-77) (Ord. 04-2002, passed 02-19-02) Penalty, see, § 10.99
§ 98.02 MOTOR VEHICLE USE IN RECREATIONAL AREAS.
(A) It shall be unlawful for any person to operate any motor-powered vehicle in any city recreational area,
including, but not limited to, Freeman Lake Park, University Drive Recreation Park, Legion Field on N. Miles
Street, and the College Street Park, except on roads specifically intended for motor vehicles and the same used as a
public road in said areas. For the purpose of this section, the term MOTOR POWERED VEHICLES shall include
but is not limited to cars, trucks, buses, motorcycles, motor bikes, mini bikes or any other similar motor vehicle.
(B) No motor or other vehicle of any nature may travel at a speed greater than ten miles per hour on any of the
public ways, streets or easements of the city at Freeman Lake Park, University Drive Recreational Park and
American Legion Field.
(C) No motor or other vehicle of any nature may travel in a direction at Freeman Lake Park, University Drive
Recreational Park or American Legion Field other than that direction so marked and designated by appropriate signs.
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(D) No person shall operate any of the above-named or other motor vehicles on any path set aside for
pedestrians at any public park in the city.
(E) No person shall operate any of the above-mentioned or other motor vehicles on any grass areas, dams or
spillways or parts thereof, or shore areas adjacent to any city lake or impoundment.
(F) All bicycles, tricycles, both motorized and unmotorized traffic, shall be confined and restricted to vehicular
rights-of-way, streets and other public ways.
('73 Code, § 16-4) (Ord. passed 6-21-71; Am. Ord. passed 6-6-77) Penalty, see § 10.99
§ 98.03 FISHING ON FREEMAN LAKE.
It shall be unlawful for any person between the ages of 16 and 65 years to fish at Freeman Lake in the city
without a valid and unexpired permit. Permits may be obtained from the Freeman Lake custodian at Freeman Lake.
The following regulations must be obeyed at all times on Freeman Lake:
(A) Any person under the age of 12 years must be accompanied by a person 16 years of age or older.
(B) No person shall be allowed to have more than two lines or two poles in use at any time. All fishing shall
be confined to hook and line in hand or rod in hand.
(C) Daily Fish Limit and Size
Sports Fish Species
Largemouth Bass
Channel Catfish
Crappie
Rainbow Trout
Blue Gill
Shell Cracker
Daily Limit
2
4
10
5
30
5
Min. Size Limit (Inches)
15”
15”
10”
None
7”
7”
(D) Boat Rentals – An hourly or rental fee for boats shall be established by municipal order and may be
changed from time to time as necessary
('73 Code, § 16-6) (Ord. passed 3-2-70; Am. Ord. passed 2-1-71; Am. Ord. passed 12-17-84; Ord. 04-2002, passed
02-19-02) Penalty, see, § 10.99
§ 98.04 SWIMMING IN CITY-OWNED OR OCCUPIED RESERVOIRS.
No person or persons may swim or go into the water at Freeman Lake Reservoir, Valley Creek Reservoir, or at
any other city-owned or occupied reservoir at any time.
('73 Code, § 16-7) (Ord., passed 1-6-69; Am Ord., passed 6-6-77) Penalty, see, § 10.99
§ 98.05 USE OF IMPOUNDMENT OR RESERVOIR WITHOUT PERMISSION PROHIBITED.
No person shall fish in or place or ride in a motorboat in any impoundment or reservoir on any property owned
or leased by the city without the express permission of the city.
('73 Code, § 16-8) (Ord., passed 5-1-67; Am. Ord., passed 6-6-77) Penalty, see, § 10.99
§ 98.06 FISHING IN CITY IMPOUNDMENTS AND LAKES.
(A) Limitations on the size and number of fish and the method of fishing shall be as exists under applicable state
law.
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(B) All fishing permitted in any lake belonging to the city shall be confined to either “hook and line in hand” or
“rod in hand.” Any other types of fishing, including but not limited to, trot lining, set lining, throw lining, and
jugging are not permitted in these lakes. Any person fishing in the lakes of the city by any means other than hook
and line in hand and rod in hand in violation of this division (C).
(C) This section shall be enforced by all Fish and Wildlife Conservation Officers of the state and all other peace
officers.
('73 Code, § 16-9) (Ord., passed 12-22-80; Ord., passed 9-2-86) Penalty, see, § 10.99
§ 98.07 MAINTENANCE OF CERTAIN CITY-OWNED PROPERTY IN NATURAL STATE.
(A) The property owned by the city along the east side of Freeman Lake from the dam at Freeman Lake to the
intersection of Freeman Lake extended to Ring Road and running from the water's edge to include the land owned by
the city shall be maintained in a “natural state” and the land shall be allowed to maintain its natural undergrowth.
(B) The surface of the above described land owned by the city shall not be disturbed in any way by any person,
firm or corporation, without prior approval of the Mayor, in writing, at least seven days before any disturbance of
said land is to take place.
(C) It is understood that trails may be maintained through the city land by a group approved by the Mayor.
(D) In the event the terms of this section are violated by any person, firm or corporation, then the city may
immediately request and receive an injunction preventing any further disturbance of the land as set out above.
('73 Code, § 16-10) (Ord. 24-1988, passed 6-6-88) Penalty, see, § 10.99
§ 98.08 FEES FOR RECREATIONAL FACILITY.
Fees for the use of any recreational facility in the city shall be as posted at each facility after approval by the
Mayor and Council.
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CHAPTER 99: YARD SALES
Section
99.01
99.02
99.03
99.04
Definition
Restrictions on yard sales
Placement of merchandise
Enforcement
§ 99.01 DEFINITION.
For the purpose of this chapter the following definition shall apply unless the context clearly indicates or
requires a different meaning:
YARD SALE. The sale or presentation for sale from a residence or residential property, this includes the use of
the residence, yard, the driveway, garage or other attached buildings, or tangible personal property. Incidental sales
of one or two items of personal property shall not be included when such sale is not a part of the general sale of a
number of items of personal property. Tag sale, special sale or other designations, shall be covered no matter what
words are used.
(Ord. 7-1995, passed 5-1-95)
§ 99.02 RESTRICTIONS ON SALES.
(A) A single yard sale shall not last longer than four consecutive days.
(B) Yard sales may be conducted no more than three times per calendar year from a residence.
(C) The sale may be conducted only during daylight hours.
(D) The sale shall be conducted only by the owner or occupant of the premises.
(Ord. 7-1995, passed 5-1-95)
§ 99.03 PLACEMENT OF MERCHANDISE.
(A) No person conducting the sale shall place the merchandise offered beyond the edge of the sidewalk nearest
to the home or garage, nor shall any merchandise be placed on the property of another party without first obtaining
the permission of the adjoining property owner or occupant.
(B) In the event that no sidewalks exist at the residence, then the merchandise offered for sale shall not be
placed closer than ten feet from the abutting street.
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Yard Sales
(C) No sale shall be conducted in any way so as to impede pedestrian or vehicular traffic on any sidewalk,
street or public way in the city. All traffic regulations shall apply and will be strictly enforced.
(Ord. 21-1994, passed 7-18-94)
§ 99.04 ENFORCEMENT.
(A) The enforcement of this chapter shall be with the Planning Department. Any complaints shall be made to
that office during regular working hours. The Planning Office shall verify the existence of a yard sale. In the event
the sale is held on a weekend or holiday, then the complaining party shall call the Police Department, who shall
verify the complaint.
(B) When complaints of more than three yard sales have been received against a property owner or resident and
verified, the city will then notify the owner and occupant that any more attempted yard sales will result in court
action. Thereafter, this chapter shall be enforced as a nuisance.
(Ord. 21-1994, passed 7-18-94)
Cross reference:
Nuisance abatement, see §§ 92.110 et seq.
1995 S-2
CHAPTER 100: SMOKE DETECTOR INSTALLATION AND
MAINTENANCE IN RESIDENTIAL PROPERTY
Section
100.01
100.02
100.03
100.04
100.99
Installation and Maintenance
Definitions
Smoke Detectors Required; Type and Placement
Enforcement
Penalty
§ 100.01 INSTALLATION AND MAINTENANCE
(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required
detectors and for providing the manufacturer’s maintenance and testing instructions to the tenant.
(B) The owner of a dwelling shall be responsible for maintenance, inspection, and testing of detectors, which are
located in common areas and/or detectors in rooming units where the tenant usually has periods of occupancy less
than 30 continuous days, (such as hotels, motels, tourist homes, and boarding houses, identified as use group R-1 in
the International Building Code with Kentucky amendments). This maintenance, inspection and testing shall be
performed in accordance with manufacturer’s instructions, and in accordance with provisions of the most current
edition of NFPA (101) Life Safety Code, and/or NFPA (1), Uniform Fire Code.
(C) The Tenant (in other than R-1 use group) shall be responsible for maintaining and testing the detectors, in
accordance with the manufacturer’s instructions, which are within his or her exclusive control during the life of the
tenancy.
(D) At every change of tenancy, in all dwellings, 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. An affidavit shall be prepared and signed by both tenant and owner attesting that working
smoke detectors are in place. A copy shall be retained by the owner of the property for the length of time that the
specific lease agreement is in effect and shall be made available for review on request of fire or building code
officials.
(E) At every change of dwelling ownership it shall be the duty of the seller to test and ascertain that those detectors
contained in the unit are in code compliant locations and in operable condition. A signed affidavit of the property
owner shall be given to purchaser, seller and real estate closer before property transfer.
(Ord. No. 25-2009, passed 12-07-09)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or
Dwelling – Any building which contains one or more dwelling units or any rooming units, rooms, or area
designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include
single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartments
and/or condominium buildings.
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Elizabethtown – General Regulations
Dwelling Units – Any group of rooms located within a building and forming a single housekeeping unit with
facilities, which are used or designed to be used for living, sleeping, cooking or eating.
NFPA – National Fire Protection Association
Owner – Any person who alone, jointly, or severally with others:
(1) Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying
actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a
right to present use and enjoyment thereof, including a mortgage in possession; or
(2) Shall 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. This term 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.
Tenant – Occupant of a dwelling, dwelling unit, or rooming unit irrespective of existence of written lease
agreement, or lack thereof.
(Ord. No. 25-2009, passed 12-07-09)
§ 100.03 SMOKE DETECTORS REQUIRED; TYPE AND PLACEMENT
(A) In order to comply with this section, only ionization or photoelectric type detectors listed by a nationally
recognized testing laboratory shall be installed.
(B) Smoke detectors shall be installed in accordance with applicable NFPA standards and the manufacturer’s
recommendations. Detectors may be ceiling or wall mounted, provided that they shall be mounted at a minimum of
four inches and a maximum of 12 inches from the ceiling, and not closer than four inches from the point at which the
ceiling and wall meet.
(C) Smoke detectors shall be installed as specified by the International Building Code with Kentucky
Amendments and NFPA 72 National Fire Alarm Code.
(Ord. No. 25-2009, passed 12-07-09)
§ 100.04 ENFORCEMENT
(A) The Chief of the Fire Department, Code Official, or any of their designated representatives, are hereby
authorized and directed to enforce all provisions of this section and the final determination concerning compliance
herewith shall be the sole discretion of the [Authority Having Jurisdiction (AHJ)], as described in 815 KAR 10:060,
of the Fire Department, or Code Official. Upon the presentation of official credentials, an authorized inspector of the
Fire Department, or Code Official, may enter with consent any premises covered by these regulations to perform the
duties imposed upon him or her by these regulations.
(B) The source of authority to issue orders as described in subsection (A) shall include but not be limited to,
any authority granted under KRS Ch. 227 and 815 KAR 10:060.
(Ord. No. 25-2009, passed 12-07-09)
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§ 100.99 PENALTY
Any person violating this section may be cited for a civil offense pursuant to the Code Enforcement Board
injunction or abatement orders to insure compliance with this section.
The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement Board
(Ord. #9-2003).
(Ord. 25-2009, passed 12-07-09)
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Elizabethtown – General Regulations
TITLE XI: BUSINESS REGULATIONS
Chapter
110.
OCCUPATIONAL LICENSES
111.
PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
112.
PAWNBROKERS
113.
INSURANCE COMPANIES
114.
COMMERCIAL BUSINESS ESTABLISHMENTS; RESTAURANTS
115.
DETECTIVE AND SECURITY AGENCIES
116.
SCRAP DEALERS
117.
TOURIST AND CONVENTION COMMISSION
118.
VEHICLES FOR HIRE
119.
CABLE TELEVISION
120.
SEXUALLY ORIENTED BUSINESSES
121.
HAZARDOUS MATERIALS
122.
ALCOHOLIC BEVERAGE CONTROL – PINE VALLEY GOLF
COURSE
123.
ALCOHOLIC BEVERAGE CONTROL – RESTAURANTS & DINING
FACILITIES
124.
RESCINDED (ORDINANCE NO. 01-2008)
125.
REGULATING SMOKING IN PUBLIC PLACES & PLACES OF
EMPLOYMENT
126.
RESTAURANT TAX
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Elizabethtown - Business Regulations
CHAPTER 110: OCCUPATIONAL LICENSES
Section
110.01
110.02
110.03
110.04
110.05
110.06
110.07
110.08
110.09
110.10
110.11
110.12
110.13
110.14
110.15
110.16
Definitions
Occupational License Application Required
Occupational License Tax Payment Required
Apportionment
Employers to Withhold
Return Required
Extensions
Refunds
Federal Audit Provisions
Administrative Provisions
Information to Remain Confidential
Penalties
Duties of Finance Director
Severability
Minimum and Maximum Liability
Effective Date
As used in this section, the following terms and their derivatives shall have the following meanings unless the
contest clearly indicates that a different meaning is intended.
(1) Business entity means each separate corporation, limited liability company, business development
corporation, partnership, limited partnership, registered limited liability partnership, sole proprietorship, association,
joint stock company, receivership, trust, professional service organization, or other legal entity through which
business is conducted.
(2) Business means any enterprise, activity, trade, occupation, profession or undertaking of any nature
conducted for gain or profit. “Business” shall not include a board of trade, chambers of commerce, trade
associations, or unions, or other associations performing services usually performed by trade associations or unions
as recognized by the Internal Revenue Service. “Business” shall not include funds, foundations, corporation, or
associations organized and operated for the exclusive and sole purpose of religious, charitable, scientific, literary,
educational, civic or fraternal purposes, where no part of the earnings, incomes or receipts of such unit, group, or
association, inures to the benefit of any private shareholders or other person.
(3) City means City of Elizabethtown, Kentucky.
(4) Compensation means wages, salaries, commissions, or any other form of remuneration paid or payable by
an employer for services performed by an employee, which are required to be reported for federal income tax
purposes and adjusted as follows:
2008-S-1
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(a) Include any amounts contributed by an employee to any retirement, profit sharing, or deferred
compensation plan, which are deferred for federal income tax purposes under a salary reduction agreement
or similar arrangement, including but not limited to salary reduction arrangements under Section 401(a),
401 (k), 402(e), 403(a), 403(b), 408, 414(h), or 457 of the Internal Revenue Code; and
(b) Include any amounts contributed by an employee to any welfare benefit, fringe benefit, or other benefit
plan made by salary reduction or other payment method which permits employees to elect to reduce federal
taxable compensation under the Internal Revenue Code, including but not limited to Section 125 and 132 of
the Internal Revenue Code.
(5) Conclusion of the federal audit means the date that the adjustments made by the Internal Revenue Service
to net income as reported on the business entity’s federal income tax return become final and unappealable.
(6) Final determination of the federal audit means the revenue agent’s report or other documents reflecting the
final and unappealable adjustments made by the Internal Revenue Service.
(7) Fiscal Year means fiscal year as defined in Section 7701(a)(24) of the Internal Revenue Code.
(8) Employee means any person who renders services to another person or any business entity for
compensation, including an officer of a corporation and any officer, employee, or elected official of the United
States, a state, or any political subdivision of a state, or any agency of instrumentality of any one (1) or moer of the
above. A person classified as an independent contractor under the Internal Revenue Code shall not be considered an
employee.
(9) Internal Revenue Code means the Internal Revenue Code as defined in KRS 67.750 (7).
(10) Net Profit means gross income as defined in Section 61 of the Internal Revenue Code minus all the
deductions from gross income allowed by Chapter 1 of the Internal Revenue Code, and adjusted as follows:
(a) Include any amount claimed as a deduction for state tax or local tax which is computed, in whole or in
part, by reference to gross or net income and which is paid or accrued to any state of the United States,
local taxing authority in a state, the District of Columbia, the Commonwealth of Puerto Rico, any territory
or possession of the United States, or any foreign country or political subdivision thereof;
(b) Include any amount claimed as a deduction that directly or indirectly is allocable to income which is either
exempt from taxation or otherwise not taxed;
(c) Include any amount claimed as a net operating loss carryback or carryforward allowed under Section 172
of the Internal Revenue Code;
(d) Include any amount of income and expenses passed through separately as required by the Internal Revenue
Code to an owner of a business entity that is a pass-through entity for federal tax purposes; and
(e) Exclude any amount of income that is exempt from state taxation by the Kentucky Constitution, or the
Constitution and statutory laws of the United States.
(11) Person means every natural person, whether a resident or non-resident of the city. Whenever the word
“person” is used in a clause prescribing and imposing a penalty in the nature of a fine or imprisonment, the word, as
applied to a partnership or other form of unincorporated enterprise, shall mean the partners or members thereof, and
as applied to corporations, shall mean the officers and directors thereof.
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(12) Return or Report means any properly completed and, if required, signed form, statement, certification,
declaration, or any other document permitted or required to be submitted or filed with the City.
(13) Sales Revenue means receipts from the sale, lease, or rental of goods services or property.
(14) Tax District means any county or city with the authority to levy net profits or occupational license taxes.
(15) Taxable Net Profit in case of a business entity having payroll or sales revenue only with the city means net
profit as defined in subsection (10) of this section;
(16) Taxable Net Profit in case of a business entity having payroll or sales revenue both within and without the
city means net profit as defined in subsection (10) of this section, and as apportioned under Section (4) of this
section; and
(17) Taxable Year means the calendar year or fiscal year ending during the calendar year, upon the basis of
which net income is computed.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.02 Occupational License Application Required.
Every Person or business entity engaged in any trader, occupation, or profession, or other activity for profit or
anyone required to file a return under this ordinance in Elizabethtown shall be required to complete and execute the
application prescribed by the Occupational Tax Office. Each person shall be required to complete a separate
application for each separate business before the commencement of business or in the event of a status change, other
than change of address. Licensees are required to notify the Occupational Tax Office of changes of address, or the
cessation of business activity, and of other changes which render inaccurate the information supplied in the completed
application.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.03 Occupational License Tax Payment Required.
(1) Except as provided in subsection (2) and subsection (5) of this section, every person or business entity
engaged in any business for profit and any person or business entity that is required to make a filing with the Internal
Revenue Service or the Kentucky Revenue Cabinet shall be required to file and pay to the city an occupational license
tax for the privilege of engaging in such activities with the city. The occupational license tax shall be measured by
1.35% of:
(a) all wages and compensation paid or payable in the city for work done or services performed or rendered
in the city by every resident and nonresident who is an employee;
(b) the net profit from business conducted in the city by a resident or nonresident business entity.
(2) All partnerships, S corporations, and all other entities where income is “passed through” to the owners are
subject to this ordinance. The occupational license tax imposed in this ordinance is assessed against income before it
is “passed through” these entities to the owners.
(3) If any business entity dissolves, ceases to operate, or withdraws from the city during any taxable year, or if
any business entity in any manner surrenders or loses its charter during any taxable year, the dissolution, cessation of
business, withdrawal, or loss or surrender of charter shall not defeat the filing of returns and the assessment and
collection of any occupational license tax for the period of that taxable year during which the business entity had
business activity in the city.
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(4) If a business entity makes, or required to make, a federal income tax return, the occupational license tax
shall be computed for the purposes of this ordinance on the bases of the same calendar or fiscal year required by the
federal government, and shall employ the same methods of accounting required for federal income tax purposes.
(5) The occupational license tax imposed in this section shall not apply to the following persons or business
entities:
(a) Any bank, trust company, combined bank and trust company, combined trust, banking and title business
organized and doing business in this state, any savings and loan association whether state or federally
chartered pursuant to the provisions of KRS 92.300;
(b) Any compensation received by members of the Kentucky national guard for active duty training, unit
training assemblies and annual field training pursuant to the provisions of KRS 92.300;
(c) Any compensation received by precinct workers for election training or work at election booths in State,
city or local primary, regular, or special elections pursuant to the provisions of KRS 92.300;
(d) Public Service Corporations that pay an ad valorem tax on property valued and assessed by the Kentucky
Department of Revenue pursuant to the provisions of KRS 136.120. Licensees whose businesses are
predominately non-public service who are also engaged in public service activity are required to pay a
license fee on their net profit derived from the non-public service activities apportioned to the city;
(e) Persons or business entities that have been issued a license under KRS Chapter 243 to engage in
manufacturing or trafficking in alcoholic beverages. Persons engaged in the business of manufacturing or
trafficking in alcoholic beverages are required to file a return, but may exclude the portion of their net
profits derived from the manufacturing or trafficking in alcoholic beverages;
(f) Insurance companies incorporated under the laws of and doing business in the Commonwealth of
Kentucky except as provided in KRS 91A080;
(g) Any profits, earnings, distributions of an investment fund which would qualify under KRS 154.20-250 to
154.20-284 to the extent any profit, earnings or distributions would not be taxable to an individual investor;
(h) Rental income received by owners of real estate, who do not manage or own real estate as their primary
source of income;
(i) The sale of agricultural products by the owner of locally homegrown agriculture products. This does not
include the resale of produce from a distributor;
(j) Private domestic labor is excepted, not included are commercially marketed services provided for the
home; and
(k) Vendors who only participate in festivals or fairs sponsored by non-profit organizations where said
events do not exceed three days may be exempt.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.04 Apportionment.
(1) Except as provided in subsection (4) of this section, net profit shall be apportioned as follows:
(a) For business entities with both payroll and sales revenues in more than one (1) tax district, by
multiplying the net profit by a fraction, the numerator of which is the payroll factor, described in
subsection (2) of this section, plus the sales factor, described in subsection (3) of this section, and the
denominator of which is two (2); and
(b) For business entities with sales revenue in more than one (1) tax district, by multiplying the net profit
by the sales factor as set forth in subsection (3) of this section.
(c) For the purposes of subsection (1) thru (4) of this section, the business entity shall file an
apportionment form provided by the Occupational Tax Office.
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(2) The payroll factor is a fraction, the numerator of which is the total amount paid or payable in the city
during the tax period by the business entity for compensation, and the denominator of which is the total compensation
paid or payable by the business entity everywhere during the tax period. Compensation is paid or payable in the city
based on the time the individual’s service is performed within the city.
(3) The sales factor is a fraction, the numerator of which is the total sales revenue of the business entity in the
city during the tax period, and the denominator of which is the total sales revenue of the business entity everywhere
during the tax period.
(a) The sales, lease, or rental of tangible personal property is in the city if:
1. The property is delivered or shipped to a purchaser, other than the United States government, or
to the designee of the purchaser within the city regardless of the f.o.b. point or other conditions of the
sale; or
2. The property is shipped from an office, store, warehouse, factory, or other place of storage in
the city and the purchaser is the United States government.
(b) Sales revenues, other than revenue from the sale, lease or rental of tangible personal property or the lease
or rental of real property, are apportioned to the city based upon a fraction, the numerator of which is the
time spent in performing such income-producing activity within the city and the denominator of which is
the total time spent performing that income-producing activity.
(c) Sales revenue from the sale, lease, or rental of real property is allocated to the tax district where the
property is located.
(4) If the apportionment provisions of this section do not fairly represent the extent of the business entity’s
activity in the city, the business entity may petition the city or the city may require, in respect to all or any part of the
business entity’s business activity, if reasonable:
(a) Separate accounting;
(b) The exclusion of any one (1) or more of the factors;
(c) The inclusion of one (1) or more additional factors which will fairly represent the business entity’s
business activity in the city; or
(d) The employment of any other method to effectuate an equitable allocation and apportionment of net
profits.
(5) When compensation is paid or payable for work done or services performed or rendered by an employee,
both within and without the city, the license tax shall be measured by that part of the compensation paid or payable as
a result of work done or service performed or rendered with the city. The license tax shall be computed by obtaining
the percentage which the compensation for work performed or services rendered within the city bears to the total
wages and compensation paid or payable. In order for the city to verify the accuracy of the taxpayer’s reported
percentage under this subsection, the taxpayer shall maintain adequate records.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.05 Employers to Withhold.
(1) Every employer making payment of compensation to an employee shall deduct and withhold upon the
payment of the compensation any tax imposed against the compensation by the city. Amounts withheld shall be paid
to the city in accordance with Section (3) of this ordinance.
(2) Every employer required to deduct and withhold tax under this section shall, for the quarter ending after
January 1 and for each quarter ending thereafter, on or before the end of the month following the close of each
quarter, make a return to the city, and pay to the city, the tax required to be withheld under this section, unless the
employer is permitted or required to report within a reasonable time after some other period as determined by the
city.
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(3) Every employer who fails to withhold or pay to the city any sums required by this ordinance to be withheld
and paid shall be personally and individually liable to the city for any sum or sums withheld or required to be
withheld in accordance with the provisions of this section.
(4) The city shall have a lien upon all the property of any employer who fails to withhold or pay over to the
city sums required to be withheld under this section. If the employer withholds, but fails to pay the amounts withheld
to the city, the lien shall commence as of the date the amounts withheld were required to be paid to the city. If the
employer fails to withhold, the lien shall commence at the time the liability of the employer is assessed by the city.
(5) Every employer required to deduct and withhold tax under this section shall annually on or before February
28 of each year complete and file on a form furnished or approved by the city a reconciliation of the occupational
license tax withheld where compensation is paid or payable to employees. Either copies of federal forms W-2 and W3, transmittal of wage and tax statements, or a detailed employee listing with the required equivalent information, as
determined by the city, shall be submitted.
(6) Every employer shall furnish each employee a statement on or before January 31 of each year showing the
amount of compensation and occupational license tax deducted by the employer from the compensation paid to the
employee for payment to the city during the preceding calendar year.
(7) An employer shall be liable for the payment of the tax required to be deducted and withheld under this
section.
(8) The president, vice president, secretary, treasurer or any other person holding an equivalent corporate
office of any business entity subject to this ordinance shall be personally and individually liable, both jointly and
severally, for any tax required to be withheld from compensation paid to one or more employees of any business
entity, and neither the corporate dissolution or withdrawal of the business entity from the city, nor the cessation of
holding any corporate office, shall discharge that liability of any person; provided that the personal and individual
liability shall apply to each or every person holding the corporate office at the time the tax becomes or became
obligated. No person shall be personally and individually liable under this subsection who had no authority to collect,
truthfully account for, or pay over any tax imposed by this ordinance at the time that the taxes imposed by this
ordinance become or became due.
(9) Every employee receiving compensation in the city subject to the tax imposed under Section (3) of this
ordinance shall be personally liable for the tax notwithstanding the provision of subsections (7) and (8) of this section.
In all cases where the employer does not withhold the tax levied under this ordinance from the employee, such
employee or employees shall be responsible for filing with the city each quarter in the same manner as if they were
the employer. If an employer fails to or is not required to withhold, report, or pay the License Fee it shall become
the duty of the employee to file with the city. The only employer that is not required to withhold, report and pay the
occupational license tax is the Federal Government including the United States Postal Service. The payment required
to be made by an employee, can be made quarterly, for the periods ending March 31st, June 30th, September 30th and
December 31st of each year, or at any time the employee wishes to make an estimated payment for the year in which
wages are earned. All license fees must be received by February 28th for the preceding calendar year, together with a
copy of the employee’s W-2 form. Employers not required to withhold, report, or pay the license fee must annually
during the month of January of each year, make a return to the Occupational Tax Administrator, in which is set forth
the name and social security number of each employee of the employer during the preceding calendar year, giving the
amount of salaries, wages, commissions or other compensation earned during such preceding year by each such
employee. This list shall include all current full time employees, part time employees, temporary employees, and
terminated employees whether it be voluntary or involuntary.
(Ord. No. 09-2006, passed 05-08-06)
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§ 110.06 Returns Required.
(1) All business entity returns for the preceding taxable year shall be made by April 15 of each year, except
returns made on the basis of a fiscal year, which shall be made by the fifteenth day of the fourth month following the
close of the fiscal year. Blank forms for returns shall be supplied by the city.
(2) Every business entity shall submit a copy of its federal income tax return and all supporting statements and
schedules at the time of filing its occupational license tax return with the city. Whenever, in the opinion of the city, it
is necessary to examine the federal income tax return of any business entity in order to audit the return, the city may
compel the business entity to produce for inspection a copy of any statements and schedules in support thereof that
have not been previously filed. The City may also require copies of reports of adjustments made by the federal
government.
(3) Every business entity subject to a occupational license tax governed by the provisions of this ordinance shall
keep records, render under oath statements, make returns, and comply with rules as the city from time to time may
prescribe. Whenever the city deems it necessary, the city may require a business entity, by notice served to the
business entity, to make a return, render statements under oath, or keep records, as the city deems sufficient to
determine the tax liability the business entity.
(4) The city may require, for the purpose of ascertaining the correctness of any return or for the purpose of
making an estimate of the taxable income of any business entity, the attendance of a representative of the business
entity or of any other person having knowledge in the premises.
(5) The full amount of the unpaid tax payable by any business entity, as appears from the face of the return,
shall be paid to the city at the time prescribed for filing the occupational license tax return, determined without
regard to any extension of time for filing the return.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.07 Extensions.
(1) The City may grant any business entity an extension of not more than six (6) months, unless a longer
extension has been granted by the Internal Revenue Service or is agreed to by the city and the business entity, for
filing its return, if the business entity, on or before the date prescribed for payment of the occupational license tax,
requests the extension and pays the amount properly estimated as its tax.
(2) If the time for filing a return is extended, the business entity shall pay, as part of the tax, an amount equal
to twelve percent (12%) per annum simple interest on the tax shown due on the return, but not been previously paid,
from the time the tax was due until the return is actually filed and the tax paid to the city. A fraction of a month is
counted as an entire month.
(Ord. 09-2006, passed 05-08-06)
§ 110.08 Refunds.
(1) Where there has been an overpayment of tax under Section (5) of this ordinance, a refund or credit shall be
made to the employer only to the extent that the amount of the overpayment was not deducted and withheld under
Section (5) by the employer;
(2) Unless written application for refund or credit is received by the city from the employer within two (2)
years from the date the overpayment was made, no refund or credit shall be allowed;
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(3) An employee who has compensation attributable to activities performed outside the city, based on time
spent outside the city, whose employer has withheld and remitted to this city, the occupational license tax on the
compensation attributable to activities performed outside the city, may file for a refund within two (2) years of the
date prescribed by law for the filing of a return. The employee shall provide a schedule and computation sufficient to
verify the refund claim and the city may confirm with the employer the percentage of time spent outside the city and
the amount of compensation attributable to activities performed outside the city prior to approval of the refund.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.09 Federal Audit Provisions.
(1) As soon as practicable after each return is received, the city may examine and audit the return. If the
amount of tax computed by the city is greater than the amount returned by the business entity, the additional tax shall
be assessed and a notice of assessment mailed to the business entity by the city within five (5) years from the date the
return was filed, except as otherwise provided in this subsection.
(a) In the case of a failure to file a return or of a fraudulent return the additional tax may be assessed at any
time.
(b) In the case of a return where a business entity understates net profit, or omits an amount properly
includable in net profits, or both, which understatement or omission, or both, is in excess of twenty-five
percent (25%) of the amount of net profit stated in the return, the additional tax may be assessed at any
time within six (6) years after the return was filed.
(c) In the case of an assessment of additional tax relating directly to adjustments resulting from a final
determination of a federal audit, the additional tax may be assessed before the expiration of the times
provided in the this subsection, or six (6) months from the date the city receives the final determination of
the federal audit form the business entity, whichever is later.
The times provided in this subsection may be extended by agreement between the business entity and the city.
For the purposes of this subsection, a return filed before the last day prescribed by law for filing the return shall
be considered as filed on the last day. Any extensions granted for filing the return shall also be considered as
extending the last day prescribed by law for filing the return.
(2) Every business entity shall submit a copy of the final determination of the federal audit within thirty (30)
days of the conclusion of the federal audit.
(3) The city may initiate a civil action for the collection of any additional tax within the times prescribed in
subsection (1) of this section.
(Ord. 09-2006, passed 05-08-06)
§ 110.10 Administrative Provisions.
(1) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by
this ordinance.
(2) Any tax collected pursuant to the provisions of this ordinance may be refunded or credited within two (2)
years of the date prescribed by law for filing of a return or the date the money was paid to the city, whichever is the
later, except that:
(a) In any case where the assessment period contained in Section (9) of this ordinance has been extended by an
agreement between the business entity and the city, the limitation contained in this subsection shall be extended
accordingly.
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(b) If the claim for refund or credit relates directly to adjustments resulting from a federal audit, the business
entity shall file a claim for refund or credit within the time provided for in this subsection or six (6) months
from the conclusion of the federal audit, whichever is later.
For the purpose of this subsection and subsection (3) of this section, a return filed before the last day
prescribed by law for filing the return shall be considered as filed on the last day.
(3) The authority to refund or credit overpayments of taxes collected pursuant to this ordinance is vested
exclusively in the city.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.11 Information to Remain Confidential.
(1) No present or former employee of the city shall intentionally and without authorization inspect or divulge
any information acquired by him or her of the affairs of any person, or information regarding the tax schedules,
returns, or reports required to be filed with the city or other proper officer, or any information produced by a hearing
or investigation, insofar as the information may have to with the affairs of the person’s business. This prohibition
does not extend to information required in prosecutions for making false reports or returns for taxation, or any other
infraction of the tax laws, or in any way made a matter of public record, nor does it preclude furnishing any taxpayer
or the taxpayer’s properly authorized agent with information respecting his or her own return. Further, this
prohibition does not preclude any employee of the city from testifying in any court, or from introducing as evidence
returns or reports filed with the city, in an action for violation of the city tax laws or in any action challenging the
city laws.
(2) The city reserves the right to disclose to the Commissioner of Revenue of the Commonwealth of Kentucky
or his or her duly authorized agent all such information and rights to inspect any of the books and records of the city
if the Commissioner of Revenue of the Commonwealth of Kentucky grants to the city the reciprocal right to obtain
information from the files and records of the Kentucky Department of Revenue and maintains the privileged character
of the information so furnished. Provided, further, that the city may publish statistics based on such information in
such a manner as not to reveal data respecting net profits or compensation of any person or business entity.
(3) In addition, the city is empowered to execute similar reciprocity agreements as described in subsection (2)
of this section with any other taxing entity, should there be a need for exchange of information in order to effect
diligent enforcement of this ordinance.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.12 Penalties.
(1) A business entity subject to tax on net profits may be subject to a penalty equal to five percent (5%) of the
tax due for each calendar month or fraction thereof if the business entity:
(a) Fails to file any return or report on or before the due date prescribed for filing or as extended by the city;
or
(b) Fails to pay the tax computed on the return or report on or before the due date prescribed for payment.
The total penalty levied pursuant to this subsection shall not exceed twenty-five percent (25%) of the total tax
due; however, the penalty shall not be less than twenty-five dollars ($25).
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(2) Every employer who fails to file a return or pay the tax on or before the date prescribed under Section (5)
of this ordinance may be subject to a penalty in an amount equal to five percent (5%) of the tax due for each calendar
month or fraction thereof. The total penalty levied pursuant to this subsection shall not exceed twenty-five percent
(25%) of the total tax due; however, the penalty shall not be less than twenty-five dollars ($25).
(3) In addition to the penalties prescribed in this section, any business entity or employer shall pay, as part of
the tax, an amount equal to twelve percent (12%) per annum simple interest on the tax shown due, but not previously
paid, from the time the tax was due until the tax is paid to the city. A fraction of a month is counted as an entire
month.
(4) Every tax imposed by this ordinance, and all increases, interest, and penalties thereon, shall become, from
the time the tax is due and payable, a personal debt of the taxpayer to the city.
(5) The city may enforce the collection of the occupational tax due under section (3) of this ordinance and any
fees, penalties, and interest as provided in subsections (1), (2), (3), and (4) of this section by civil action in a court of
appropriate jurisdiction. To the extent authorized by law, the city shall be entitled to recover all court costs and
reasonable attorney fees incurred by it in enforcing any provision of this ordinance.
(6) In addition to the penalties prescribed in this section, any person, business entity or employer who willfully
fails to make a return, willfully makes a false return, or who willingly fails to pay taxes owing or collected, with the
intent to evade payment of the tax or amount collected, or any part thereof, shall be guilty of a Class A misdemeanor.
(7) Any person who willfully aids or assists in, or procures, counsels, or advises the preparation or
presentation under, or in connection with, any matter arising under this ordinance of a return, affidavit, claim, or
other document, which is fraudulent or is false as to any material matter, whether or not the falsity of fraud is with
the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document,
shall be guilty of a Class A misdemeanor.
(8) A return for the purpose of this section shall mean and include any return, declaration, or form prescribed
by the city and required to be filed with the city by the provisions of this ordinance, or by the rules of the city or by
written request for information to the business entity by the city.
(9) Any person violating the provisions of section (11) of this ordinance by intentionally inspecting confidential
taxpayer information without authorization, shall be fined no more than five hundred dollars ($500) or imprisoned for
not longer than six (6) months, or both.
(10) Any person violating the provision of section (11) of this ordinance by divulging confidential taxpayer
information shall be fined not more than one thousand ($1000) or imprisoned for not more than one (1) year, or both.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.13 Duties of the Director of Finance.
(1) The Director of Finance is required:
(a) To collect the license fee imposed under this ordinance.
(b) To adopt and promulgate and to enforce rules and regulations relating to any matter of things pertaining to
the administration and enforcement of the provisions of this ordinance including provisions for the reexamination and correction of returns and payments, but not limited thereto. The rules and regulations as
promulgated by him shall be binding upon the licensee and employers.
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(c) To receive the license fee imposed under this Ordinance; and
(d) To keep an accurate record showing the amount received by him from each licensee and withholding
employer and the date of such receipts.
(2) Inquisitorial Powers of Director of Finance.
(a) When the Director of Finance questions the accuracy of any return made, he is authorized and empowered
to request from any licensee a certified audit prepared by the licensee’s accountants for the purpose of
verifying the accuracy of any return made, and said licensee shall file said audit with the Director of
Finance within thirty (30) days after such request.
(b) Upon the failure of the licensee to file an audit with the Director of Finance when requested, the Director
of Finance personally, or his agents or employees, is authorized and empowered to examine the books,
papers, and records of any employer, or supposed employer, or of any licensee, or supposed licensee, in
order to verify the accuracy of any return made, or in the event no return was made, to a certain the
license fee imposed by the Ordinance. The Director may enforce this right by application to the appropriate
Court having jurisdiction over these matters.
(c) Every employer or supposed employer, and every licensee or supposed licensee is required to furnish to
the Director of Finance, or his duly authorized agent or employees, the means, facilities and opportunity
for such examinations, investigations and audits as are authorized in and by this Ordinance.
(d) The Director of Finance is further authorized to examine under oath any person concerning any income
which was or should have been reported for license fee and to this end the Director of Finance has the right
and power to compel the production of books, papers, and records, and the attendance of all persons before
him, whether as parties or witnesses, whom he believes to have knowledge of such income.
(e) Refusal of any such examination of any employer or person subject to the license fee or presumed to be
such employer or person so subject, constitutes a misdemeanor punishable by fine.
(f) Agents and employees charged with duty of inspection or auditing of records of employers and licensees
will carry proper identification, which shall be subject to examination by any person whose records are
sought to be examined.
(g) The above powers in paragraph (2), subparagraphs (a) through (g) shall not be exercised unless the
Director of Finance is notified by the Kentucky Department of Revenue or the U.S. Internal Revenue
Service, that the particular taxpayer’s figures should be audited.
(Ord. No. 09-2006, passed 05-08-06)
§ 110.14 Severability.
Each section and each provision of each section of this ordinance are severable, and if any provision, section,
paragraph, sentence or part thereof, or the application thereof to any person licensee, class or group, is held by a
court of law to be unconstitutional or invalid for any reason, such holding shall not affect or impair the remainder of
this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and
part thereof, separately and independently of the rest.
(Ord. No. 09-2006, passed 05-08-06)
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§ 110.15 Minimum and Maximum Liability.
Pursuant to KRS 67.773, a minimum tax of $25 is assessed on all net profits per year and is due annually with
the application. The minimum tax may be taken as a credit against any additional taxes due when the net profits
return for the corresponding year is filed. The credit shall not reduce the amount due below zero dollars ($0).
(Ord. No. 09-2006, passed 05-08-06)
§ 110.16 Effective Date.
This ordinance shall take effect for all tax years beginning on or after January 1, 2007.
(Ord. No. 09-2006, passed 05-08-06)
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CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
Section
Itinerant Entrepreneurs
111.01
111.02
111.03
111.04
111.05
111.06
111.07
111.08
Compliance required
Solicitor to fill out questionnaire
List of articles sold to be filed with Director of Finance
Bond to be posted
Refund of bond; use to finance unpaid taxes; forfeiture
Levy of fee; placement in general fund
Exemptions
Solicitation on the crosswalks, highways, intersections or roadways
ITINERANT ENTREPRENEURS
§ 111.01 COMPLIANCE REQUIRED.
It shall be unlawful for any person, firm or corporation itinerant in nature to sell, solicit or canvass, or offer for
sale, or distribute any goods, wares or merchandise or subscriptions for the sale of magazines, periodicals, books or
subscriptions thereto, photographs, coupons, donations or other articles, or any merchandise not delivered when sold,
by telephone or otherwise, within the city without first complying with the provisions of §§ 111.02 through 111.07 of
this subchapter.
('73 Code, § 14-40) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83) Penalty, see § 10.99
§ 111.02 SOLICITOR TO FILL OUT QUESTIONNAIRE.
Each person, firm and corporation itinerant in nature shall first fill out a questionnaire with the Director of
Finance or his/her designee at the city hall. The questionnaire shall give the solicitor's or sales representative's full
name, home address, age, height, weight, race, color of hair and eyes, sex, identifying marks (if any), the company
he/she is representing and its home address, and the make and license number of any automobile used (if any), a
sample of the order sheets to be used, the length of time expected to be in the city, his/her local address while here,
and each solicitor and sales representative shall allow a complete set of fingerprints and photographs of him/her to be
made.
('73 Code, § 14-40(a)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83) Penalty, see § 10.99
§ 111.03 LIST OF ARTICLES SOLD TO BE FILED WITH DIRECTOR OF FINANCE.
In addition to the provisions of § 111.02, each person, firm or corporation, solicitor and sales representative,
shall, after completing work in the city, report to the Director of Finance and file with the
S-2-2000
23
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Director a complete list of merchandise and magazines, books, periodicals, subscriptions, photographs, coupons,
donations or other articles sold, the name and addresses of the individuals to whom sold, the amount paid for same,
and to whom payment was made.
('73 Code, § 14-40(b)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83) Penalty, see § 10.99
§ 111.04 BOND TO BE POSTED.
After complying with § 111.02 of this subchapter, each person, firm and corporation, sales representative and
solicitor shall post bond in the sum of $75 cash and the bond shall increase $25 per year for the next five years,
beginning annually, automatically on the anniversary date of the passage of this subchapter. the person, firm,
corporation, sales representative and/or solicitor before leaving the city, after completing the work, shall report back
to the Director of Finance and comply with provisions of § 111.03 of this subchapter.
('73 Code, § 14-40(c)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83) Penalty, see § 10.99
§ 111.05 REFUND OF BOND; USE TO FINANCE UNPAID TAXES; FORFEITURE.
Upon compliance with §§ 111.02 through 111.04 of this section, the Director of Finance and/or his/her designee
shall then refund the bond to the person executing it, so long as the applicable taxes are paid by the person, firm,
corporation, sales representative and solicitor, including, but not limited to the business license tax and/or
occupational tax. In the event any applicable tax is not paid then the sums may be used through the Director of
Finance for the payment of the applicable taxes. Should the person, firm, corporation, solicitor or sales
representative fail to report back to the Director of Finance and/or his/her designee within ten days after the
expiration of the time stated in the questionnaire that he/she expects to be in the city, the bond shall be forfeited and
the proceeds of the same shall be placed in the general fund of the city after payment of necessary and applicable
taxes. In the event of forfeit of bond, then said person, firm, corporation, solicitor or sales representative shall be
prohibited from doing like or similar work within the city for a period of five years.
('73 Code, § 14-40(d)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83) Penalty, see § 10.99
§ 111.06 LEVY OF FEE; PLACEMENT IN GENERAL FUND.
A fee of $2 to defray the costs of the questionnaire and the enforcement of this subchapter for each person, firm,
corporation, solicitor and sales representative is hereby levied. The fee shall be placed in the general fund of the city
upon collection before the questionnaire is filled out.
('73 Code, § 14-40(e)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83)
All persons, firms and corporations, not itinerant in nature and who otherwise pay taxes and honor business
obligations to the public, are specifically excluded from the terms of this subchapter.
('73 Code, § 14-40(f)) (Ord., passed 5-18-59; Am. Ord., passed 12-5-83)
§ 111.08 SOLICITATION ON THE CROSSWALKS, HIGHWAYS, INTERSECTIONS OR ROADWAYS
It shall be unlawful for any individual, partnership, trustee or corporation to solicit on the crosswalks,
highways, intersections or roadways within the City limits of Elizabethtown without first complying with the
provision of §76.01 through §76.05 of this Code of Ordinances.
(Ord. 7, passed – 05/01/2000)
S-2-2000
CHAPTER 112: PAWNBROKERS
Section
112.01
112.02
112.03
112.04
112.05
112.06
112.07
Pawnbrokers
Effective Date
Entity Designated
Information Requirement
Penalty
Ordinances in Conflict
Severability
§ 112.01 PAWNBROKERS.
A pawnbroker shall be considered as any person who loans money on deposit of personal property; deals in the
purchase of personal property on condition of selling the property back again at a stipulated price; makes a public
display at his/her place of business of the sign generally used by pawnbrokers to denote their business; or who
publicly exhibits a sign advertising money to loan on personal property or deposit (KRS 226.010). In addition to
complying with state law including 226.010 to 226.990, pawnbrokers shall keep a record of all purchases including
other than pawned items. Said records shall be transmitted electronically to the Elizabethtown Police Department
within twenty-four (24) hours of receipt of any goods purchased. (Ord. 10-2009, passed 7/20/2009)
§ 112.02 EFFECTIVE DATE.
That each and every owner or operator of a pawn shop or pawnbroker doing business in the City of
Elizabethtown, Kentucky shall within thirty (30) days of July 20, 2009, maintain an electronic inventory tracking
system which is capable of delivery and transmission of all statutorily-required information via computer to the entity
designated by the Elizabethtown Police Department. (Ord. 10-2009, passed 7/20/2009)
§ 112.03 ENTITY DESIGNATED.
The Police Department shall enter into an agreement with Leads on Line which operates an electronic database
for law enforcement agencies for the purpose of identifying stolen merchandise and person suspected of the thefts.
(Ord. 10-2009, passed 7/20/2009)
§ 112.04 INFORMATION REQUIREMENT.
That the owner or operator of a pawn shop or pawnbroker will be required to upload the information to the
entity designated by the Elizabethtown Police Department within 24 hours of receipt of the goods purchased
(pawned). (Ord. 10-2009, passed 7/20/2009)
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§ 112.05 PENALTY.
That the failure on the part of any owner or operator of a pawn shop or pawnbroker to comply with the
provisions of this section shall be deemed a misdemeanor. Upon conviction, the offender shall be punished by a fine
of not more than twenty-five and 00/100 dollars ($25.00) for each separate offense. Each day of noncompliance with
this section shall be deemed a separate offense. (Ord. 10-2009, passed 7/20/2009)
§ 112.05 ORDINANCES IN CONFLICT.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
(Ord. 10-2009, passed 7/20/2009)
That the provisions of this section are hereby declared to be severable and if any section, phrase, or provision
shall be declared or held invalid, such invalidity shall not affect the remainder of this sections, phrases or provisions.
(Ord. 10-2009, passed 7/20/2009)
2009-S-2
CHAPTER 113: INSURANCE COMPANIES
Section
113.01
113.02
113.03
113.04
113.05
113.06
Imposition of license fee
Amount of fee for companies issuing policies other than life insurance
Collection fee
Due date; interest
Written breakdown of collections
Disposition of funds
§ 113.01 IMPOSITION OF LICENSE FEE.
There is hereby imposed on each insurance company a license fee for the privilege of engaging in the business
of insurance within the corporate limits of the city, on a calendar-year basis.
('73 Code, § 14-30) (Ord., passed 4-15-85)
§ 113.02 AMOUNT OF FEE FOR COMPANIES ISSUING POLICIES OTHER THAN LIFE INSURANCE.
The license fee imposed upon each insurance company which issues any insurance policy which is not a life and
health insurance policy shall be 8% 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 Workers' Compensation
Act and shall not include premiums received on policies of group health insurance provided for state employees under
KRS 18A.225(2) and 18A.228 or premiums received by any state employee benefit fund created pursuant to KRS
Chapter 18A for the purpose of providing health benefits to state employees.
('73 Code, § 14-31) (Ord., passed 4-15-85)
§ 113.03 COLLECTION FEE.
The Department of Insurance shall by regulation provide for a reasonable collection fee to be retained by the
insurance companies or its agent as compensation for collection of the license fee. This collection fee shall be in
addition to the license fee mentioned above and shall not be more than 15% of the license fee collected and remitted
to the city, or 2% of the premiums subject to the tax, whichever is less.
('73 Code, § 14-32) (Ord., passed 4-15-85)
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§ 113.04 DUE DATE; INTEREST.
All license fees imposed by this chapter shall be due no later than 30 days after the end of each calendar quarter.
License fees which are not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS
131.010(6).
('73 Code, § 14-33) (Ord., passed 4-15-85)
§ 113.05 WRITTEN BREAKDOWN OF COLLECTIONS.
Every insurance company subject to the license fees imposed by this chapter shall annually, by March 31,
furnish the city a written breakdown of all collections in the preceding calendar year for the following categories of
insurance:
(A) Casualty.
(B) Automobile.
(C) Inland marine.
(D) Fire and allied perils.
('73 Code, § 14-34) (Ord., passed 4-15-85)
§ 113.06 DISPOSITION OF FUNDS.
The Finance Director shall deposit all fees or taxes in a sinking fund to be designated “Elizabethtown Fire
Protection Sinking Fund.” All fees or taxes and any interest earned thereon shall be used by the city for fire
protection equipment, maintenance, Fire Department salaries or incidental expenses for maintaining and equipping
the Fire Department.
('73 Code, § 14-35) (Ord., passed 4-15-85)
CHAPTER 114: COMMERCIAL BUSINESS ESTABLISHMENTS; RESTAURANTS
Section
Commercial Business Establishments
114.01
114.02
114.03
114.04
114.05
114.06
Definitions
Causing loud noise prohibited
Leaving vehicle unoccupied; towing
Operator of business establishment to post notice of prohibitions
Cruising through lot prohibited
Consumption or possession of alcoholic beverages
COMMERCIAL BUSINESS ESTABLISHMENTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or
COMMERCIAL BUSINESS ESTABLISHMENT. Any place held out to the general public as offering goods
and/or services for sale to the public and/or for use by the public within the limits of the city.
MOTOR VEHICLE(S). Any and all agencies for the transportation of person(s) or property over or upon a
public or private streets within the city which are propelled otherwise than by muscular power.
('73 Code, § 15-41) (Ord., passed 10-8-79)
§ 114.02 CAUSING LOUD NOISE PROHIBITED.
It shall be unlawful for any person, while on or adjacent to the premises of a commercial business establishment,
to race the motor of any motor vehicle, or to make or cause to be made any loud noise, including the blowing of
horns, unless the same is directly related to a business purpose or is to prevent collision of the motor vehicle with
other persons or objects.
Cross-reference:
Unnecessary noise declared nuisance, see Ch. 97
29
1995 S-1 Repl.
30
§ 114.03 LEAVING VEHICLE UNOCCUPIED; TOWING.
No person shall depart from the commercial business establishment premises after parking any motor vehicle
thereon without the expressed permission of the commercial business establishment. Any such motor vehicle that
remains unoccupied without a specific authorization so indicated in a conspicuous place on the vehicle for more than
five hours may be towed in by the Police Department or any other law enforcement agency of the state, and the
owner thereof shall pay any towing and/or other charges, fines or fees therefor.
§ 114.04 OPERATOR OF BUSINESS ESTABLISHMENT TO POST NOTICE OF PROHIBITIONS.
Prior to enforcement of this subchapter as to a specific commercial business establishment, it shall be the duty of
that commercial business establishment operator who furnishes parking for patrons to post on the premises at least
every 200 feet in a conspicuous location one or more signs bearing the following legend: “Loud noises, possession of
alcoholic beverages and loitering are prohibited. All unoccupied vehicles without consent will be towed away at
owner's expense.”
('73 Code, § 15-46) (Ord., passed 10-8-79)
§ 114.05 CRUISING THROUGH LOT PROHIBITED.
No person shall drive any vehicle onto the premises of a restaurant and then drive out of the premises without
parking the vehicle, unless there is no unoccupied parking space available on the premises, or cruise without parking.
§ 114.06 CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES.
With the exception of a restaurant that possesses a valid A.B.C. license under Ordinance No. 17-2001 or
Ordinance No 12-2002, it shall be unlawful for any person on the premises of a commercial business establishment to
drink any intoxicating beverages, either in or out of a motor vehicle, or to possess any open bottle or other receptacle
containing any alcoholic beverage.
(Ord. passed 10-8-79) (Ord. 14-2002, passed 08-05-2002)
2004-S-1
CHAPTER 115: DETECTIVE AND SECURITY AGENCIES
Section
115.01
115.02
115.03
115.04
115.05
115.06
115.07
Permit required; bond
Proof of good character
Bond required
Liability insurance required
Permit to cover agency and employees
Permit and requirements in addition to other permits
Revocation of permits
§ 115.01 PERMIT REQUIRED; BOND.
No person shall carry on the business of doing private detective or security work in the city without first having
secured a permit from the Chief of Police and executing a bond provided for herein.
§ 115.02 PROOF OF GOOD CHARACTER.
Before any permit shall be issued by the Chief of Police, he/she shall be furnished with satisfactory proof that
the person or persons applying for the permit or the chief officers or members of a firm if the agency is to be
conducted by a corporation or partnership and all employees are citizens of sobriety and integrity and have been
orderly and law abiding citizens and have never been convicted of a felony, nor engaged in any unlawful calling.
('73 Code, § 14-52) (Ord., passed 2-23-76)
§ 115.03 BOND REQUIRED.
Before the permit provided for herein is issued to any person, a bond with surety to be approved by the City
shall be executed in the sum of $5,000, payable to the city for the use and benefit of any person or persons who have
been injured or damaged by an illegal act of the detective or security agency, or by its owners, operators, employees
or agents in carrying on its or their business.
('73 Code, § 14-53) (Ord., passed 2-23-76)
§ 115.04 LIABILITY INSURANCE REQUIRED.
Before the permit provided for herein is issued to any firm, corporation, or individual, he or it must show
evidence that it has obtained personal individual liability insurance which covers it or him and all
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32
employees or agents from acts which may occur as a result of their detective or security agency business in the
amount of at least $100,000 for individual and at least $300,000 per occurrence.
('73 Code, § 14-54) (Ord., passed 2-23-76)
§ 115.05 PERMIT TO COVER AGENCY AND EMPLOYEES.
When a permit is issued to a detective or security agency hereinabove described, and a proper bond has been
executed, employees of the agency shall not be required to secure a permit or execute a bond.
('73 Code, § 14-55) (Ord., passed 2-23-76)
§ 115.06 PERMIT AND REQUIREMENTS IN ADDITION TO OTHER PERMITS.
The requirements of this chapter are in addition to and exclusive of any and all other required occupational
license taxes or other permits required by the city.
('73 Code, § 14-56) (Ord., passed 2-23-76)
§ 115.07 REVOCATION OF PERMITS.
Permits provided for herein may be revoked at any time by the City Council if any person shall be injured or
damaged on account of any illegal act of any detective or security agency or its owners, agents or employees, or any
other act which constitutes conduct detrimental to the community and citizens of the city and for just cause. The
permits shall not be revoked until written charges have been made or proffered against the holder of the permit and
until the charges have been examined, heard and investigated by the City Council after reasonable notice. After the
City Council has received notice of any charges being placed against a detective or security agency, the agency or
owners shall within ten days after the receipt of the complaint be notified by the City Clerk. The owner or agency
shall 14 days from the receipt of the notice of the complaint to answer the complaint in writing, and/or to ask that a
hearing be set to determine the validity of the charges. The date of the hearing shall not be less than 14 nor more
than 30 days from the date of the request for hearing is received.
('73 Code, § 14-57) (Ord., passed 2-23-76)
CHAPTER 116: SCRAP DEALERS
Section
116.01
116.02
116.03
Definition
License required
Dealers to require identification from sellers; records to be kept
§ 116.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or
SCRAP DEALER. Any person, firm or corporation, who purchases or trades resalable scrap materials,
including metal, plastic, chemical, vegetable or animal cooking oil for salvage, excluding auto and truck salvage.
('73 Code, § 14-70) (Ord., passed 6-16-80)
§ 116.02 LICENSE REQUIRED.
All scrap dealers shall be required to purchase business licenses and may only do business where the real estate
is properly zoned according to the zoning code or any other applicable ordinance of the city.
§ 116.03 DEALERS TO REQUIRE IDENTIFICATION FROM SELLERS; RECORDS TO BE KEPT.
(A) All scrap dealers shall require identification from all sellers of the goods mentioned in § 117.01 and shall
keep accurate and legible records of the names, addresses and date of birth of the sellers and accurate and legible
descriptions of the property purchased.
(B) The records mentioned in division (A) above shall be kept on file for one year and records shall be made
available to members of all police departments upon request for inspection, along with the items described, unless the
same have been sold.
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34
CHAPTER 117: TOURIST AND CONVENTION COMMISSION
Section
117.01 Commission established;tax levied
117.02 Payment of tax
117.03 Amount of tax
117.04 Liability for tax
117.05 Scope of tax
117.06 Bonding;reports
117.07 Depository
117.08 Powers of commission;fiscal year;effective date
117.09 Accounting;enforcement of provisions
117.10 Audits;civil actions
117.11 Appointments to bureau
117.12 Costs of litigation and audits
117.13 Confidentiality
Editor's note:
The city has in effect an agreement with the Tourist and Convention Commission concerning the Commission's
acquisition of real estate.
§ 117.01 COMMISSION ESTABLISHED;TAX LEVIED.
The City Council establishes the Elizabethtown Tourist and Convention Bureau and levies a transient room tax
per KRS 91(A).390. The imposition and collection of this transient room tax shall be on March 1, 1993, and each
day thereafter.
(Ord. 4, passed 2-8-93)
§ 117.02 PAYMENT OF TAX.
(A) These revenues shall be due and payable to the City of Elizabethtown director of finance no later than the
thirtieth day following the last day of each month, together with a return on a form furnished by or obtained from the
City Director of Finance. The tax return form shall be accompanied by a check for the total amount of tax and any
penalties then due and owing.
(B) Any tax imposed by this section which shall remain unpaid after it becomes due and payable, as set forth
herein, shall have added to it a penalty of 10% of the tax due, regardless of the period of any delinquency, together
with interest at a rate of two percent for each month of delinquency or fraction thereof, until paid. For example,
taxes to be paid in the sum of $100 for a particular month would then result in a tax bill of $100 principal sum of tax,
plus $10 for the 10% penalty, plus $24 for twelve months
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36
delinquency, totalling $134, if the original $100 tax was not paid for a period of twelve months past its due date.
The tax imposed by this section shall be in addition to other general taxes and the occupational or business license tax
presently in force.
(Ord. 4, passed 2-8-93)
§ 117.03 AMOUNT OF TAX.
The imposition and levy of a transient room tax of three percent of the rent for every occupancy of a suite, room
or rooms, charged by all persons, companies, corporations or other like or similar persons, groups or organizations
doing business as motor courts, motels, hotels, inns or like or similar accommodations businesses, as approved shall
apply to transient guests who occupy a room in motor courts, motels, hotels, inns or like or similar accommodations
in businesses. Transient guests are occupants or users of the rooms, units, or similar accommodations of any of the
subject businesses, regardless of period of stay at the subject establishment.
(Ord. 4, passed 2-8-93)
§ 117.04 LIABILITY FOR TAX.
All persons, companies, corporations or like or similar persons, groups or organizations doing business as motor
courts, motels, hotels, inns or like or similar accommodations businesses shall collect and pay the transient room tax
as stated above.
(Ord. 4, passed 2-8-93)
§ 117.05 SCOPE OF TAX.
The tax shall be for room and/or space charges only.
(Ord. 4, passed 2-8-93)
§ 117.06 BONDING; REPORTS.
The Treasurer of the commission and any other person writing checks or handling funds shall be bonded to the
City in an amount commensurate to the largest amount of money on hand in any given month. The commission
treasurer shall make an itemized quarterly report to the City Council showing expenses and outlays for each month.
(Ord. 4, passed 2-8-93)
§ 117.07 DEPOSITORY.
The City Council will determine the depository of the commission funds.
(Ord. 4, passed 2-8-93)
Tourist and Convention Commission
37
§ 117.08 POWERS OF COMMISSION; FISCAL YEAR; EFFECTIVE DATE.
The city council forbids the commission to issue revenue bonds or to borrow money beyond the fiscal year
without the express approval of the City Council. Effective March 1, 1993, the fiscal year will begin July 1 of each
year and terminate on June 30 following. This section will become effective on March 1, 1993.
(Ord. 4, passed 2-8-93)
§ 117.09 ACCOUNTING; ENFORCEMENT OF PROVISIONS.
The City Council will name a certified public accountant to make an annual or specific audit. The City shall
collect and enforce this chapter through its Director of Finance. In the absence of voluntary compliance, the director
of finance may charge the subject entities reasonable fees for the costs of any audit required by the Director of
Finance.
(Ord. 4, passed 2-8-93)
§ 117.10 AUDITS; CIVIL ACTIONS.
The Director of Finance shall have the authority to audit the subject businesses books for enforcement purposes.
If the tax is not paid within 90 days of the due date, the Director of Finance may bring a civil action to enforce this
section.
(Ord. 4, passed 2-8-93)
§ 117.11 APPOINTMENTS TO BUREAU.
All appointments shall be made to the Tourist and Convention Bureau pursuant to KRS 91(a).360 et seq.
(Ord. 4, passed 2-8-93)
§ 117.12 COSTS OF LITIGATION AND AUDITS.
All costs of litigation and audits shall be borne wholly by the Convention and Tourist Bureau.
(Ord. 4, passed 2-8-93)
§ 117.13 CONFIDENTIALITY.
All returns and other information which comes into the hands of the Director of Finance or any of his/her
employees shall be confidential and shall not be revealed to any person or organization without an Order of a Court
of competent jurisdiction.
(Ord. 4, passed 2-8-93)
38
CHAPTER 118: VEHICLES FOR HIRE
Section
118.01
Permit required for operation of vehicle for hire
§ 118.01 PERMIT REQUIRED FOR OPERATION OF VEHICLE FOR HIRE.
It shall be unlawful for any person to operate any passenger vehicle for hire and compensation on city streets
without first obtaining a license so to do.
39
2002-S-1
40
CHAPTER 119: CABLE TELEVISION
Section
119.01
119.02
119.03
119.04
119.05
119.06
119.07
119.08
119.09
119.10
119.11
119.12
119.13
119.14
Scope and intent
Notice of commencement of regulations
Rate filings by operator
Support for rate filings; burden of proof
Approval of city necessary
Timing of rate filing
Information to be provided
Schedule of action by the city; tolling periods
Rate subject to refunds
Certification of compliance
Public hearings
Inflation and external cost adjustments
Proprietary information
Decision
119.99
Penalty
§ 119.01 SCOPE AND INTENT.
(A) This chapter governs the regulation of cable television rates for basic service and equipment for any cable
operator providing service in the city.
(B) This chapter is intended to be consistent with FCC regulations and the city intends to administer these
regulations consistent with those regulations, all as required by the Act, 47 U.S.C. Section 543(b). Likewise, it is the
city's intention that the cable operator be bound by the FCC regulations to the extent allowed by law.
(C) For the purposes of this chapter, “basic service” or “basic cable service” and “cable operator” have the
same meaning as defined by the Act and FCC regulations. “Operator” shall have the same meaning as “cable
operator.”
(Ord. 18, passed 5-9-94)
§ 119.02 NOTICE OF COMMENCEMENT OF REGULATIONS.
The city shall notify all cable operators subject to the Act who provide service in the city that the city has
commenced to regulate the basic rates of the operator. Notice shall be given by certified mail, return receipt
requested.
(Ord. 18, passed 5-9-94)
41
42
§ 119.03 RATE FILINGS BY OPERATOR.
Within 30 days of receiving notice from the city that it has commenced regulation, the operator shall file with
the city a schedule of its current rates for basic service and equipment and justification therefor. The operator may, if
it so chooses, file a proposal with appropriate justification for an increase in its current rates. An “increase” shall
mean any change lessening the number of channels or other service available as well as raising the rate for basic
service or equipment. The operator may at any time thereafter submit a proposal to increase its rate, consistent with
FCC regulations.
(Ord. 18, passed 5-9-94)
§ 119.04 SUPPORT FOR RATE FILINGS; BURDEN OF PROOF.
(A) The rate filing submitted by the operator, either for its current rates or for a change in its current rates must
show that the rates the operator charges or proposes to charge for basic service and equipment are reasonable and in
compliance with all applicable FCC rules and regulations.
(B) The burden of proof is on the operator or show that the rates are reasonable and in compliance with all
applicable FCC rules and regulations.
(1) If the operator asserts that its current rates or its proposed rates are within the “benchmark” or “cap”
as defined by the FCC, it must fully complete applicable FCC forms and otherwise provide material to support its
position.
(2) If the operator proposes to increase its rates above that level permitted by the FCC “benchmark” or
“cap” it may seek to make a “cost-of-service” showing in accordance with rules and regulations adopted by the FCC.
In seeking to make a “cost-of-service” showing, the operator must fully complete applicable FCC forms and
otherwise provide material to supplement its position.
(3) If the operator proposes to add or delete channels or service, or to remove certain channels from the
basic services to the cable programming service tier as defined by the FCC or to a non-regulated status, it must
explain in writing the impact of the addition, deletion or removal on its basic service rates and demonstrate why the
addition, deletion or removal complies with FCC rules and regulations.
(4) The operator must show why all rates for all customer classifications are reasonable.
(Ord. 18, passed 5-9-94)
§ 119.05 APPROVAL OF CITY NECESSARY.
Once an operator has been notified that the city has commenced regulation of its rates, the operator may not
therefore increase its rates for basic service or equipment without the prior approval of the city. This requirement
applies in all cases, including increases it has announced but not yet implemented prior to the date it received notice
of rate regulation from the city.
(Ord. 18, passed 5-9-94)
Cable Television
43
§ 119.06 TIMING OF RATE FILING.
Rate filings proposing and supporting rate increases must be filed for review at least 30 days in advance of the
proposed effective date of the increase.
(Ord. 18, passed 5-9-94)
§ 119.07 INFORMATION TO BE PROVIDED.
In addition to any information it provides in support of its current rates or request for increase in rates, the
operator shall provide all other information requested by the city, subject to a request for confidentially pursuant to
§ 119.13.
(Ord. 18, passed 5-9-94)
§ 119.08 SCHEDULE OF ACTION BY THE CITY: TOLLING PERIODS.
(A) After the operator has submitted a rate filing to justify its current rates, or to seek an increase, the current
rates shall remain in effect subject to further action by the city.
(B) If the city takes no action within 30 days of the submission, to approve, disapprove or toll the period of
reviewing the rates, the current rates or the proposed rates, as the case may be, shall be deemed approved; provided,
however, that the city may toll the 30 day period by issuing a brief written Municipal Order explaining that it needs
additional time to request or review additional information or consider comments from interested parties.
(1) For filings not involved cost-of-service showings, the city may toll the rates for an additional 90 days
after the expiration of the initial 30 days.
(2) For filings seeking a rate increase based upon a cost-of-service showing, the city may toll the rates for
an additional 150 days after the expiration of the initial 30 days. If City Council so desires, within 30 days of receipt
of a cost-of-service showing, it may ask the FCC pursuant to 47 C.F.R. § 76.7 to examine the cable operator's
showing. The city shall issue an order stating that it is seeking Commission assistance and serve a copy of the Order
on the cable operator before the 30 day deadline.
(3) If the rates are tolled with respect to current rates, the rates may remain in effect subject to refund as
specified in § 119.09. If the rates are tolled with the regard to a proposed increase, the increase in rates shall not go
into effect unless the city orders that they shall go into effect subject to refund.
(Ord. 18, passed 5-9-94)
§ 119.09 RATES SUBJECT TO REFUNDS.
(A) If the city chooses to toll the period to review current rates, the current rates will remain in effect subject to
refund. In like manner, if the city chooses to toll the period to review a proposed rate increase, it may permit the
proposed rate increase to go into effect subject to refund if ordered by the City Council.
44
(B) If the city has taken no action at the end of the additional 90 or 150 days, the proposed rate increase shall
go into effect subject to refund. In all cases, the city shall issue a brief written Order in accordance with 47 C.F.R.
§ 76.933, that the operator keep an accurate account of all amounts received by reason of the rate of issue and on
whose behalf such amounts are paid. Refunds shall be paid to the full extent allowed by law.
(Ord. 18, passed 5-9-94)
§ 119.10 CERTIFICATION OF COMPLIANCE.
Within 90 days of any Order of the city mandating a reduction in rates, ordering a refund of rates, or
prescribing rates at a level less than the rate increase sought by the operator, the operator shall file with the city a
certification, signed by an authorized representative that it has fully complied with the city's order and describing in
detail the steps taken to implement the order and showing how refunds, including interest, were calculated and
distributed.
(Ord. 18, passed 5-9-94)
§ 119.11 PUBLIC HEARINGS.
Prior to taking any action to approve or disapprove rates, or prior to the expiration of any period under this
chapter that would result in rates going into effect subject to refund, the city shall hold a public hearing at which
interested parties may orally express their views or submit written comments. The public hearings shall be held in
such a manner as to convenience the city and its citizens.
(Ord. 18, passed 5-9-94)
§ 119.12 INFLATION AND EXTERNAL COSTS ADJUSTMENTS.
If the operator requests an increase in whole or in part based upon inflation adjustments, programming cost
increases, or other external factors permitted by FCC regulations the operator shall provide a detailed explanation
and documentation in support of the request, including calculations as to how the specific request was derived and a
copy of the contract for each programming service whose costs has increased. In addition, the operator shall submit,
through it's Chief Financial Officer or an independent certified accountant, a sworn statement that it has examined all
external costs and offset any claimed increase by any decrease that has occurred and has otherwise complied with the
requirements of 47 C.F.R § 76.922(d)(2).
(Ord. 18, passed 5-9-94)
§ 119.13 PROPRIETARY INFORMATION.
(A) The operator may request that portions of the filings and information it supplies to the city in support of its
current rates or a proposed rate increase be kept confidential. Such request may be made solely as it relates to
proprietary information.
(1) For purposes of this section, PROPRIETARY INFORMATION is information which if openly
disclosed would permit an unfair commercial advantage to competitors of the cable operator.
Cable Television
45
(2) If possible the portions of the filing that are proprietary shall be segregated from the non-proprietary
information. The request that the information be kept confidential must state the reason that the information would
permit an unfair commercial advantage to competitors of the cable operator.
(B) The Mayor, or his/her designee shall grant the request that the information be kept confidential if he/she
determines that the preponderance of evidence shows disclosure would permit an unfair commercial advantage to
competitors of the cable operator. If the operator requests confidentiality and the request is denied, the operator may
withdraw its request for a rate increase and the information it claims to be proprietary will be returned to it.
(C) If the city requires any additional proprietary information other than that provided by the operator in
support of the rate filing, the city shall state a justification for such additional information and where related to an
FCC Form 393 (and/or FCC Forms 1200/1205) filing. The city shall indicate the question or section of the form to
which the request specifically relates.
(D) If the cable operator makes no request for confidentiality, the material will be considered public records
available for inspection by any person pursuant to the Kentucky Open Records Act.
(Ord. 18, passed 5-9-94)
§ 119.14 DECISION.
(A) After it completes its review of the rate filing submitted by the operator, the city shall issue an Order
approving or disapproving the current rates sought to be justified or the increased rates sought. If the city had
previously decided pursuant to § 119.08 to allow rates to remain in effect or go into effect subject to refund, and if
the city disapproves the rates in question, it shall issue an appropriate order directing that refunds be made. The city
may order such refunds to the full extent permitted by the FCC regulations.
(B) The city may order a reduction in rates where necessary to bring rates into compliance with FCC
regulations. If the city determines that the current rate or a proposed rate is unreasonable, it may prescribe a
reasonable rate.
(C) Before disapproving a rate or prescribing a rate or ordering a refund, the city shall ensure that the operator
has had notice and opportunity to comment on the rate in question or refund. The city shall provide 10 days written
notice and give the operator the opportunity to submit written or oral comments in addition to its rate filing.
(D) If the rates are disapproved in whole or in part, or the city prescribes rates, or orders refunds, the order
issued by the city shall specify the reasons for the decision. The City Clerk shall provide written notice to the
operator of the city's decision by providing a copy of the resolution or order.
(E) The city's decision approving or disapproving the rate in whole or in part, or prescribing rates, may be
appealed to the FCC or as otherwise allowed by law by the operator or by any citizen who submitted oral or written
comment to the city prior to the order rendering the decision.
(Ord. 18, passed 5-9-94)
46
§ 119.99 PENALTY.
(A) The operator is required to comply with the terms and provisions of this chapter. If the operator violates
any order of the city with respect to rates, it shall be subject to a fine of $500 a day for each day it fails to comply.
(B) Violation of this chapter or any order with respect to rates may be considered a violation of this Franchise
Agreement between the operator and the city.
(Ord. 18, passed 5-9-94)
CHAPTER 120: SEXUALLY ORIENTED BUSINESSES
Section
120.01
120.02
120.03
120.04
120.05
120.06
120.07
120.08
120.09
120.10
120.11
120.12
120.13
120.14
120.15
120.16
120.17
120.18
120.19
120.20
120.21
120.22
120.23
120.24
Definitions
Classification
License Required
Issuance of License
Fees
Inspection
Expiration of License
Suspension
Revocation
Transfer of License
Additional Regulations for Adult Motels
Regulations Pertaining to Exhibition of Sexually Explicit Films, Videos or Live Entertainment in
Viewing Rooms
Additional Regulations for Escort Agencies
Additional Regulations for Nude Model Studios
Additional Regulations Concerning Public Nudity
Prohibition Against Children in a Sexually Oriented Business
Hours o f Operation
Exemptions
Injunction
Severability
Conflicting Ordinances Repealed
Effective Date
Penalty
§ 120.01 PURPOSE AND FINDINGS.
(A) Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the
health, safety, morals and general welfare of the citizens of the City , and to establish reasonable and uniform
regulations thereon. The provisions of this ordinance have neither the purpose or effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not
the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by
the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of
obscene material.
(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community
presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City
of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976),
and Barnes v. Glen Theatre, Inc., 501U.S. 560 (1991), and on studies in other communities including, but not
limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas;
Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington;
Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the
Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, (June 6, 1989, State of
Minnesota), the Council finds:
(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are
presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make
the owners of these establishments responsible for the activities that occur on their premises.
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(2) Certain employees of sexually oriented businesses defined in this ordinance as adult theaters and
cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other
establishments.
(3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses,
especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex
shows.
(4) Offering and providing such space encourages such activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the
purpose of engaging in sex within the premises of such sexually oriented businesses.
(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented
businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIVAIDS), genital herpes, Hepatitis B, Non A, Non B amebiasis, Salmonella infections and shigella infections.
(7) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of
AIDS caused by the human immunodeficiency virus (HIV) in the United States -- 600 in 1982, 2,200 in 1983,
4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
(8) As of June 1981 through June 1997 there have been 2,401 reported cases of AIDS in the State of
Kentucky. This figure does not include those diagnosed with HIV alone. Twenty-one people who were infected
with the AIDS virus were under the age of thirteen.
(9) Since 1981 and to the present, there have been an increasing cumulative number of persons testing
positive for the HIV antibody test in Kentucky.
(10) The number of cases of early (less than one year) syphilis in the United States reported annually has
risen, with 33,613 cased reported in 1982 and 45,200 through November of 1990.
(11) The number of cases of gonorrhea in the United Stated reported annually remains at a high level, with
over one-half million cases being reported in 1990.
(12) The surgeon general of the United States in his report of October 22, 1986, has advised the American
public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected mother to her newborn.
(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea,
are principally transmitted by sexual acts.
(14) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities
conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of
the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(15) Numerous studies and reports have determined that semen is found in the areas of sexually oriented
businesses where persons view “adult” oriented films.
(16) The findings noted in paragraphs number 1 through 15 raise substantial governmental concerns.
(17) Sexually oriented businesses have operational characteristics which should be reasonably regulated in
order to protect those substantial governmental concerns.
(18) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable
regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing
procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business
is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the
citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of the promises and activities occurring therein.
(19) Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths
advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in
adult theatres.
(20) Requiring licensees of sexually oriented businesses to keep information regarding current employees
and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing minors from working such establishments.
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(21) The disclosure of certain information by those persons ultimately responsible for the day-to-day
operation and maintenance of the sexually oriented business, where such information is substantially related to
the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually
transmitted diseases.
(22) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of
information regarding certain employees who may engage in the conduct which this ordinance is designed to
prevent or who are likely to be witnesses to such activity.
(23) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads
to the rational assumption that the applicant may engage in that conduct in contravention of this ordinance.
(24) The barring of such individuals from the management of adult uses for a period of years serves as a
deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
(25) The general welfare, health, morals and safety of the citizens of the City will be promoted by the
enactment of this Ordinance.
ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated, slugoperated, or for any form of consideration, or electronically, or mechanically controlled still or motion picture
machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images so displayed are distinguished or
characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas”.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE means a commercial
establishment which, as one of its principal purposes, referred and defined to in Section II, Subsection 12, offers for
sale or rental for any form of consideration any one or more of the following:
(a) books, magazines, periodicals or other printed matters, or photographs, films, motion pictures, video
cassette or video reproductions, slides, or other visual representations which are characterized by the depiction
or description of “specified sexual activities” or “specified anatomical area”, or
(b) instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual
activities.
ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly
features:
(a) persons who appear in a state of nudity or semi-nude; or
(b) live performances which are characterized by the exposure of “specified anatomical areas” or by
“specified sexual activities”; or
(c) films, motion pictures, video cassettes, slides or other photographic reproductions which are
characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT MOTEL means a hotel, motel or similar commercial establishment which:
(a) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical
areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of
photographic reproductions; and
(b) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than
ten (10) hours.
ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of “specified sexual activities” or “specified
anatomical areas”.
ADULT THEATER mean a theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized
by the exposure of “specified anatomical areas” or by “specified sexual activities”.
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EMPLOYEE means a person who performs any service on the premises of a sexually oriented business on a
full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor
agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of
said business. Employee does not include a person exclusively on the premises for repair or maintenance of the
premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide or date for
another person, or who agrees to offer to privately model lingerie or to privately perform a striptease for another
person.
ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT means and includes any of the following:
(a) the opening or commencement of any sexually oriented business as a new business;
(b) the conversion of an existing business, whether or not a sexually oriented business, to any sexually
oriented business;
(c) the additions of any sexually oriented business to any other existing sexually oriented business; or
(d) the relocation of any such sexually oriented business.
LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as
well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person
in whose name a license has been issued authorizing employment in a sexually oriented business.
PRINCIPAL USE means a substantial or significant use. Evidence that an establishment maintains more than
ten (10) percent of its stock in trade in material distinguished or characterized by an emphasis in sexual activities; or
that it devotes more than fifteen (15) percent of its floor space which is open to either the public generally or to
members of the public other than minors or more than a total of one hundred sixty (160) square feet to the display of
material distinguished or characterized by emphasis on sexual activities; or that it provides entertainment, either live
or on film or video tape, and that said entertainment more than ten (10) percent of the time is distinguished or
characterized by an emphasis on sexual activities; or that it advertises in a manner visible from the outside of the
business premises the availability of material or entertainment distinguished or characterized by an emphasis on
sexual activities shall establish that the establishment is engaging in an adult entertainment activity as a principal use.
NUDE MODEL STUDIO means any place where a person who appears semi-nude, in a state of nudity, or who
displays “specified anatomical areas” and provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model
Studio shall not include a proprietary school licensed by the State of Kentucky or a college, junior college or
university supported entirely or in part by public taxation; a private college or university which maintains and
operates educational programs in which credits are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure:
(a) that has no sign visible from the exterior from the exterior of the structure and no other advertising that
indicates a nude or semi-nude person is available for viewing; and
(b) where in order to participate in a class a student must enroll at least three days in advance of the class;
and
(c) where no more than one nude or semi-nude model is on the premises at any one time.
NUDITY or a STATE OF NUDITY means the showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly
turgid state.
PERSON means an individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE or in a SEMI-NUDE CONDITION means the showing of the female breast below a horizontal
line across the top of the areola at its highest point of or the showing of the male or female buttocks. This definition
shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of
the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided
the areola is not exposed in whole or in part.
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SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) activities between male and female persons and/or persons of the same sex when one or more of the
persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESSES means an adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio or sexual
encounter center.
SPECIFIED ANATOMICAL AREAS means:
(a) the human male genitals in a discernibly turgid state, even if completely or opaquely covered; or
(b) less then completely and opaquely covered human genitals, pubic region, buttocks or a female breast
below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY means any of the following offenses:
(a) prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of
harmful material to a minor; sexual performance by a child; possession or distribution of child pornography;
public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual
assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to
those described above under the criminal or penal code of other states or countries;
(b) for which:
(1) less than two years have elapsed since the date of conviction or the date of release from
confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor
offense;
(2) less than five years have elapsed since the date of conviction or the date of release from
confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) less than five years have elapsed since the date of the last conviction or the date of release from
confinement for the last conviction, whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(c) the fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or
a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES means any of the following:
(a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation,
or sodomy; or
(c) excretory functions as part of or in connection with any other activities set forth in (a) through (b)
above.
SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor areas occupied
by the business by more than twenty-five percent (25%), as the floor areas exist on the date this ordinance take
effect.
TRANSFER OR OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the
following:
(a) the sale, lease, or sublease of the business;
(b) the transfer or securities which constitute a controlling interest in the business, whether by sale,
exchange, or similar means; or
(c) the establishment of a trust gift or other similar legal device which transfers the ownership or control of
the business, except for transfer by bequest or other operation of law upon the death of the person possessing the
ownership or control.
§ 120.03 CLASSIFICATION
Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores, adult novelty stores or adult video stores
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(3) adult cabarets;
(4) adult motels;
(5) adult motion picture theaters;
(6) adult theaters;
(7) escort agencies;
(8) nude model studios; and
(9) sexual encounter centers
§ 120.04 LICENSE REQUIRED
(A) It is unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license
issued by the City pursuant to this ordinance.
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually
oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this
ordinance.
(3) For any person to obtain employment with a sexually oriented business without having secured a
sexually oriented business employee license pursuant to this ordinance.
(B) An application for a license must be made on a form provided by the City.
(C) All applicants must be qualified according to the provisions of this ordinance. The application may request
and the applicant shall provide such information (including fingerprints) as to enable the City to determine whether
the applicant meets the qualifications established in this ordinance.
(D) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the
application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an
individual, each individual who has a 20 percent or greater interest in the business must sign the application for a
license as applicant. Each applicant must be qualified under the following Section and each applicant shall be
considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business license shall contain the following information
and shall be accompanied by the following documents:
(1) If the applicant is:
(a) an individual, the individual shall state his/her legal name and any aliases and submit proof that
he/she is 18 years of age;
(b) a partnership, the partnership shall state its complete name, and the names of all partners whether
the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) a corporation, the corporation shall state its complete name, the date of its incorporation, evidence
that the corporation is in good standing under the laws of its state of incorporation, the name and capacity
of all officers, directors and principal stockholders, and the name of the registered corporate agent and the
address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the
applicant, he or she must state 1) the sexually oriented business’s fictitious name and 2) submit the required
registration documents.
(3) Whether the applicant, or a person residing with the applicant, has been convicted of a specified
criminal activity as defined in this ordinance, and, if so, the specified criminal activity involved, the date, place
and jurisdiction of each.
(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this
ordinance or other similar sexually oriented business ordinances from another city or country denied, suspended
or revoked, including the name and location of the sexually oriented business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a
person residing with the applicant has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is licensed under this ordinance whose license has previously been denied,
suspended or revoked, including the name and location of the sexually oriented business for which the permit
was denied, suspended or revoked as well as the date of denial, suspension or revocation.
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(5) Whether the applicant or a person residing with the applicant holds any other licenses under this
ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the
names and locations of such other licensed businesses.
(6) The single classification of license for which the applicant is filing.
(7) The location of the proposed sexually oriented business, including a legal description of the property,
street address and telephone number(s), if any.
(8) The applicant’s mailing address and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant’s driver’s license number, Social Security number, and/or his/her state or federally
issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor
space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be
drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of
plus or minus six (6) inches.
(12) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall
exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor
space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual
activities or specified anatomical areas, then the applicant shall comply with the application requirements set
forth in Section XIII.
(F) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit
on a form to be provided by the City the following information:
(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state and number of driver’s permit or other identification card information;
(7) Social Security Number; and
(8) Proof that the individual is at least eighteen (18) years of age.
(G) Attached to the application form for a sexually oriented business employee license as provided above, shall
be the following:
(1) A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints
on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the
applicant.
(2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the
date of the filing of the application, including whether such applicant previously operated or is seeking to
operate, in this or any other county, city, state or country has ever had a license, permit, or authorization to do
business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked
or suspended. In the event of any such denial, revocation or suspension, a copy of any order of denial,
revocation, or suspension shall be attached to the application.
(3) A statement whether the applicant has been convicted of a specified criminal activity as defined in this
ordinance and, if so, the specified criminal activity involved, the date, place and jurisdication of each.
§ 120.05 ISSUANCE OF LICENSE.
(A) Upon the filing of said application for a sexually oriented business employee license, the City shall issue a
temporary license to said applicant. The application shall then be referred to the appropriate city department for an
investigation to be made on such information as is contained on the application. The application process shall be
completed within thirty (30) days from the date the completed application is filed. After the investigation, the City
shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following
finding is true:
(1) The applicant has failed to provide information reasonably necessary for issuance of the license or has
falsely answered a question or requires more information on the application form;
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(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in this ordinance;
(4) The sexually oriented business employee license is to be used for employment in a business prohibited
by local or state law, statute, rule or regulation, or prohibited by a particular provision of this ordinance; or
(5) The applicant has had a sexually oriented business employee license revoked by the City within two (2)
years of the date of the current application. If the sexually oriented business employee license is denied, the
temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of
a license issued pursuant to this subsection shall be subject to appeal as set forth in Section X.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of
the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as
defined in this ordinance or committed any act during the existence of the previous license, which would be grounds
to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set
forth in Section VI.
(C) Within 30 days after receipt of a completed sexually oriented business application, the City shall approve or
deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless
it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes,
fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has
falsely answered a question or request for information on the application form.
(4) An applicant or a person with whom the applicant is residing has been denied a license by the City to
operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a
sexually oriented business has been revoked within the preceding twelve (12) months.
(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal
activity defined in this ordinance.
(6) The premises to be used for the sexually oriented business have not been approved by the health
department, fire department, and the building official as being in compliance with applicable laws and
ordinances.
(7) The license fee required by this ordinance has not been paid.
(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the
provisions of this ordinance.
(D) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the
expiration date, the address of the sexually oriented business and the classification for which the license is issued
pursuant to Section III. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read at any time.
(E) The health department, fire department and the building official shall complete their certification that the
premises are in compliance prior to issuance of a license by the City.
(F) A sexually oriented business license shall be issued for only one classification as found in Section III.
§ 120.06 FEES.
(A) Every application for a sexually oriented business license (whether for a new license or for renewal of an
existing license) shall be accompanied by a $500 non-refundable application and investigation fee.
(B) In addition to the application and investigation fee required above, every sexually oriented business that is
granted a license (new or renewal) shall pay to the City an annual non-refundable license fee of $5,000 within thirty
(30) days of license or renewal.
(C) Every application for a sexually oriented business employee license (whether for a new license or for
renewal of an existing license) shall be accompanied by an annual $50 non-refundable application, investigation,
fingerprinting and license fee.
(D) All license applications and fees shall be submitted to the Finance Department of the City.
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§ 120.07 INSPECTION.
(A) An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire
Department, Zoning Department, or other City departments or agencies to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(B) A person who operates a sexually oriented business or his agent or employee commits a violation if he
refuses to permit such lawful inspection of the premises at any time it is open for business.
§ 120.08 EXPIRATION OF LICENSE.
(A) Each license shall be effective as of January 1 of a given year and shall expire annually on December 31
and may be renewed only by making application as provided in Section IV. Application for renewal shall be made at
least thirty (30) days before the expiration date, and when made less than thirty (30) day before the expiration date,
the expiration of the license will not be affected. There shall be no proration of any fees applicable.
(B) When the City denies renewal of a license, the applicant shall not be issued a license for one year from the
date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been
corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date
denial became final.
§ 120.09 SUSPENSION.
(A) The City shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or
an employee of a licensee has:
(1) violated or is not in compliance with any section of this ordinance;
(2) refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
§ 120.10 REVOCATION.
(A) The City shall revoke a license if a cause of suspension in Section IX occurs and the license has been
suspended within the preceding twelve (12) months.
(B) The City shall revoke a license if it determines that:
(1) a licensee gave false or misleading information in the material submitted during the application process;
(2) a licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) a licensee has knowingly allowed prostitution on the premises;
(4) a licensee knowingly operated the sexually oriented business during a period of time when the licensee’s
license was suspended.
(5) except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6) a licensee is delinquent in payment to the City, County or State for any taxes or fees past due.
(7) any person or entity presently holding a business license who is found to be in violation of this
Ordinance shall be subject to revocation of said license.
(C) When the city revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be
issued a sexually oriented business license for one (1) year from the date the revocation became effective. If,
subsequent to revocation, the City finds that the basis for revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
(D) After denial of an application, or denial of a renewal of an application, or suspension or revocation of any
license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of
competent jurisdiction. The administrative action shall be promptly reviewed by the Court.
(E) If any license holder is convicted of three or more violations within the one year license period then said
license shall be revoked and license shall be prohibited from applying again for a one year period from the date of
revocation.
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§ 120.11 TRANSFER OF LICENSE.
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address designated in the application.
§ 120.12 ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(A) Evidence that a sleeping room in a hotel, motel or a similar commercial establishments has been rented and
vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this ordinance.
(B) A person commits a violation if, as the person in control of a sleeping room in a hotel, motel, or similar
commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a
person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room
again.
(C) For purposes of subsection (B) of this section, the terms “rent” or “subrent” mean the act of permitting a
room to be occupied for any from of consideration.
§ 120.13 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS
OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel,
which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a
film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented license, the application shall be accompanied by a diagram of
the premises showing a plan thereof specifying the location of one or more manager’s stations and the location
of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be
permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall
also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and should be drawn to a designated scale
or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches. The City may waive the foregoing diagram for renewal
applications if the application adopts a diagram that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior
approval of the City.
(4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and
situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view
from a manager’s station of every area of the premises to which any patron is permitted access for any purpose,
excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or
more manager’s stations designated, then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron is permitted access for any
purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line
of sight from the manager’s station.
(6) It shall be the duty of the licensee to ensure that the view area specified in subsection (5) remains
unobstructed by any doors, curtains, partition, walls, merchandise, display racks or other materials and, at all
times, to ensure that no patron is permitted access to any area of the premises which has been designated as an
area in which patrons will not be permitted in the application filed pursuant ot subsection (1) of this Section.
(7) No viewing room may be occupied by more than one person at any time.
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(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every
place to which patrons are permitted access at an illumination of not less than five (5) foot-candles as measured
at the floor level.
(9) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times
that any patron is present in the premises.
(10) No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(11) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to
determine if any opening or holes exist.
(13) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces,
with no rugs or carpeting.
(14) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or
permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other
porous material shall be used within forty eight (48) inches of the floor.
(15) It shall be the duty of the licensee of the premises to ensure that an employee who is 18 years of age or
older shall be present at any and all entrances to the premises. This employee shall certify that any individual who
enters the premises is 18 years of age or older.
(B) A person having a duty under Subsection (1) through (15) of Subsection (A) above commits a violation if he
knowingly fails to fulfill that duty.
§ 120.14 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(A) An escort agency shall not employ any person under the age of 18 years.
(B) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person
under the age of 18 years.
(C) No escort agency or employee of an escort agency shall offer or provide sexual services for money or other
form of consideration.
§ 120.15 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits an offense if the person appears semi-nude or in a state of
nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person
under 18 years was in a restroom not open to public view or visible or any other person.
(C) A person commits an offense if the person appears in a state of nudity, or knowingly allows another to
appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-ofway.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except
that a sofa may be placed in a reception room open to the public.
§ 120.16 ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY.
(A) It shall be a violation for a person who knowingly and intentionally, in a sexually oriented business, appears
in a state of nudity or depicts specified sexual activities.
(B) It shall be a violation for a person who knowingly or intentionally in a sexually oriented business appears in
a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten (10) feet from any
patron or customer and on a stage at least two feet from the floor.
(C) It shall be a violation for an employee, while semi-nude in a sexually oriented business, to solicit any pay or
gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee,
while said employee is semi-nude in a sexually oriented business.
(D) It shall be a violation for an employee, while semi-nude, to touch a customer or the clothing of a customer.
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§ 120.17 PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS.
A person commits a violation if the person knowingly allows a person under the age of 18 years on the premises
of a sexually oriented business.
§ 120.18 HOURS OF OPERATION.
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 12
am midnight and eight o’clock (8:00) am on weekdays and Saturdays, and 12:00 am midnight and noon (12:00) pm
on Sunday.
(A) It is a defense to prosecution under Section XVI that a person appearing in a state of nudity did so in a
modeling class operated:
(1) by a proprietary school, licensed by the State of Kentucky; a college, junior college, or university
supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) in a structure:
(a) which has no sign visible from the exterior of the structure and no other advertising that indicates a
nude person is available for viewing; and
(b) where, in order to participate in a class a student must enroll at least three (3) days in advance of
the class; and
(c) where no more than one nude model is on the premises at any one time.
§ 120.20 INJUNCTION.
A person who operates or causes to be operated a sexually oriented business without a valid license is subject to
a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates
is a separate offense or violation.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
§ 120.22 CONFLICTING ORDINANCES REPEALED.
All Ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
§ 120.23 EFFECTIVE DATE.
This ordinance shall be enforced from and after March 2, 1998.
§ 120.24 PENALTY.
Violation of this ordinance shall be deemed a violation, and upon conviction the violator shall be fined not less
than twenty (20) dollars nor more than two hundred fifty (250) dollars plus court costs. Any person violating this
ordinance may also be found guilty of a civil offense. The civil fine shall be not less than twenty (20) dollars nor
more than two hundred fifty (250) dollars. The civil fine shall be paid directly to the City of Elizabethtown. If the
fine is not paid within thirty (30) days from the date of notification, then the City may recover said fine in a civil
action in a court of proper jurisdiction. The City may also obtain injunctions or abatement orders to insure
compliance with this ordinance or pursue administrative remedies when appropriate, including injunctions and
abatement proceeding. Each day a sexually oriented business so operates is a separate offense or violation.
1999-S-1
CHAPTER 121: HAZARDOUS MATERIALS
Section
126.01
126.02
126.03
126.04
126.05
126.06
126.07
126.08
126.09
126.10
126.11
126.12
Purpose
Applicability
Definitions
Determination of Reportable Quantities
Administering Agency
Notification to Fire Communications & Dispatch
Confidential Information and Trade Secrets
Enforcement; Notice of Violation
Penalties
Appeals Board
Affirmative Defenses
Disclaimer of Liability
§ 121.01 PURPOSE
The purpose of this ordinance is the protection of public health and safety in Elizabethtown, Kentucky, through
prevention and control of hazardous materials, incidents and releases, to require the timely reporting of releases, and
to provide for the reimbursement to the City of Elizabethtown for legitimate expenses for emergency responses by
the City. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.02 APPLICABILITY
This Ordinance shall apply to all persons who manufacture, use, handle, or store hazardous materials in
quantities prescribed by this Ordinance and as defined herein, within the City of Elizabethtown. (Ordinance No. 132000, passed Aug. 21, 2000)
§ 121.03 DEFINITIONS Unless the context of usage indicates otherwise, the meaning of specific terms of this
Ordinance shall be as follows:
Consumer Product. Shall have the meaning stated in 15 U.S.C. 2052
Cost Recovery. Cost associated with Hazardous Materials responses include equipment that is disposed of,
rather the re-used, the cost of qualifying the contaminants and securing legal disposal methods, and equipment which
must be replaced to ensure readiness for the next release. In addition, hazardous materials releases involve additional
staffing, either at the scene of the release for control, isolation of the area, or evacuation of citizens or employees; or
as long-term stand-by personnel at department stations to provide the normal coverage for other emergency situations
that may arise in the community during a hazardous materials release.
Affected departments could include Fire, Police, Water/Wastewater, Public Works, Natural Gas and Recreation.
It is the City’s intent that shelter needs be provided by private disaster relief agencies, whenever possible,
however, costs could be incurred for evacuees including food, water, and personal hygiene materials.
59
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Cost recovery includes those amounts charged to the generator of a spill or release of hazardous materials, by
the City of Elizabethtown or its departments, to replace equipment utilized (that is not reusable) or requires
decontamination (with associated fees). Also, the City will bill total standard overtime salaries for non-“Technician”
employees. “Technician” level city employees (as defined in OSHA 29 CFR 1910.120) shall be billed to the
generator of a spill or release at a rate of $50.00 per hour/per Technician at the scene of a hazardous material
incident, provided they are actively engaged in leak control, monitoring, rescue, “back-up” for leak control or
monitoring teams, decontamination, or are hourly employees serving at management levels or as support personnel
with the incident Command structure. Additional staff, “called-back”, who are standing by at their respective fire
stations shall be considered as normally on-duty until the number exceeds that defined as normal staffing for that shift
at the beginning of that work day. Any excess “called-back” personnel will be billed to the generator of a spill or
release at a rate of $15.00 per hour/per person.
It is not a legal requirement that the City of Elizabethtown provide these emergency technical services to its
citizens and business community, however, it is within the scope of modern community protection to procure
equipment, train personnel, and provide and increased level of response for hazardous materials incidents, where
feasible. This feasibility for the City of Elizabethtown is dependent upon total cost recovery for equipment and
supplies used, and overtime salaries incurred by its departments during a hazardous materials incident.
Employee. Any person who works, with or without compensation, in a workplace.
Employer. Any person, firm, corporation, partnership, association, government agency or other entity engaged
in a business or in providing services, that has employees.
Environment. Means the atmosphere, the navigable waters of the United States and any other surface water,
drinking water supply, soil surface, subsurface strata, storm sewer or publicly or privately owned treatment works
(other than those handling only wastewater generated at a facility) within the boundaries of the City of Elizabethtown,
Kentucky.
Facility. Shall mean either of the following: 1) Any building, structure, installation, equipment, pipe or
pipeline (including any pipe into a sewer or POTW), well, pit, pond, lagoon, impoundment, ditch, landfill, landfarm, waste, wastewater, hazardous material, sludge or pollutant, management, treatment, storage, disposal recycling
or reclamation site or location, storage container, junkyard, factory, airport, manufacturing or business site, lot,
motor vehicle, rolling stock or aircraft, or 2) Any site, premises, facility, real estate or location where waste,
wastewater pollutants or hazardous material has been released, discharged, deposited, treated, stored, disposed of,
placed or otherwise come to be located. However, it shall not include a site solely because of the presence of a
consumer product which is in consumer use or is in its original container.
Hazardous Materials. Shall mean any of the following: 1) any substance designated pursuant to Section
311(b)(2)(A) of the Federal Water Pollution Control Act, 2)any element, compound, mixture, solution, or substance
designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, Section 102 (CERCLA), 3) any hazardous waste having the
characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (commonly known
as the Resource Conservation and Recovery Act, “RCRA”), but not including any waste the regulation of which
under the Solid Waste Disposal Act has been suspended by Act of Congress, 4) any toxic pollutant listed under
section 307(a) of the Federal Water Pollution Control Act, 5) Any hazardous air pollutant listed under Section 112 of
the Clean Air Act, 6) any imminently hazardous chemical substance or mixture with respect to which the
Administrator of the U.S. Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic
Substances Control Act, 7) any material included in the “Title III List of Lists – Consolidated List of Chemicals
Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112 (r) of the Clean
Air Act, as Amended”, 8) petroleum products, including crude oil or fractions thereof, which is not otherwise
specifically listed or designated as a hazardous substance under subparagraphs 1) through 7) of this paragraph;
natural gas, or synthetic gas usable for fuel (or mixture of natural gas and such synthetic gas), 9) radioactive
materials and isotopes, and 10) explosives. Hazardous Materials shall not include household wastes and other
materials excluded by 40 CFR 261.4.
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Hazardous Materials
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Normal Application of Pesticides. Means application pursuant to the label directions for application of a
pesticide product registered under section 30 or section 24 of the Federal Insecticide, Fungicide and Rodenticide Act
as amended (7 U.S.C. 135 et seq.) (FIFRA), or pursuant to the terms and conditions of an experimental use permit
issued under section 5 of FIFRA, or pursuant to an exemption granted under section 18 of FIFRA.
Normal Response. Means those duties consistent with the normal work routine and staffing levels for the City
of Elizabethtown and its departments.
Oil. Means oil of any kind or in any form including but not limited to petroleum, fuel oil, sludge, oil refuse,
and oil mixed with wastes other than dredged spoil.
Person. Means any individual, trust, firm, company, society, corporation, joint stock company, partnership,
consortium, association, cooperative, joint venture, city, county, city and county special district, the state or any
department or agency or political subdivision thereof, United States Government, or other commercial or legal
entities.
Release. Means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing of pollutants, hazardous material, wastewater or wastes into the environment, but
excludes: 1) any release which results in exposure to employees solely within a workplace, and is recovered by
workplace employees under the auspices of an approved workplace “Spill Prevention Control and Countermeasures
Plan” (or equivalent), and 2) emission from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or
pipeline pumping station engine, and 3) the normal application of fertilizer and pesticides.
Authorized Release. Means 1) a release which is a federally permitted release under 42 U.S.C. 9601 (10); or
2) a release to waters of the United States or adjoining shorelines which is exempt from notification under 40 CFR
117.11 through 40 CFR 117.14; 3) the introduction of any pollutant into a publicly owned treatment works (POTW)
which is not in violation of applicable pretreatment regulations controlling the introduction of pollutants into the
publicly owned treatment works; or 4) any release which is specifically authorized by a local, state or federal agency,
to facilitate life safety objectives and/or overall control of a hazardous materials emergency.
Reportable Quantity. Means that quantity as set forth in Section 121.04 of this ordinance.
Store. To deposit or place a substance in the city for a period of ten (10) days or more provided such substance
is not otherwise in transit.
Use. To store, maintain, treat, process, handle, generate, dispose of, or otherwise manage. Use shall not
include any mode of transportation other than on-site transportation.
Vessel. Means every description of watercraft or other artificial contrivance used, or capable of being used, as
a means of transportation on water. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.04 DETERMINATION OF REPORTABLE QUANTITIES
(A) Listed Hazardous Materials: The quantity in the column “RQ” for each hazardous material in the
“Environmental Protection Agency(ies) “Title III List of Lists” or as listed by the Local Emergency Planning
Committee of Hardin County, is the reportable quantity for that material. “Reportable Quantities” may be adjusted
higher or lower as the Environmental Protection Agency publishes new “Lists” or on the direction of the LEPC.
This information is on file in the City Clerk’s office.
(B) Unlisted Hazardous Materials: Unlisted hazardous wastes designated as hazardous materials have the
reportable quantity of 100 pounds, except for those unlisted hazardous wastes exhibiting the characteristics of EP
toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which exhibit EP toxicity have the reportable
quantities listed on file in the City Clerk’s office for the contaminant on which the characteristic of EP toxicity is
based. If an unlisted hazardous waste exhibit EP toxicity on the basis of more than one contaminant, the reportable
quantity of that waste shall be the lowest of the reportable quantities listed in appendix A for those contaminants. If
an unlisted hazardous waste exhibits the characteristic of EP toxicity and one or more of the other characteristics the
reportable quantity shall be the lowest of the applicable reportable quantity.
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(C) Oil: 1) The reportable quantity for releases of oil to waters of the United States or adjoining shorelines is
any quantity which violates applicable water quality standards or causes a film or sheen upon or discoloration of the
surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shorelines, 2) The reportable quantity for releases of oil to the environment other than
releases to waters of the United States or its adjoining shorelines is 56 gallons, 3) Notwithstanding any other
provision of this section, a release of oil from a properly functioning vessel engine shall not be deemed to be in a
reportable quantity; however, this provision shall not be applicable to oil accumulated in a vessels’ bilge.
(D) Release of Hazardous Material to Sanitary Sewer System: Notwithstanding any other provisions of this
section, any release of a hazardous material to a sanitary sewer system which is prohibited under applicable
pretreatment or other regulations governing discharges to the sanitary sewer shall be deemed to be discharged in a
reportable quantity.
(E) Component Hazardous Materials Release: A release of a mixture or solution of which a hazardous
material is a component shall be considered to be a release in a reportable quantity only where the component
hazardous material of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
(Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.05 ADMINISTERING AGENCY
The purpose of this Ordinance is to establish a uniform city-wide program for protection of the environment
from releases of hazardous materials to be administered by existing governmental agencies. The CITY OF
ELIZABETHTOWN FIRE DEPARTMENT shall serve as the lead agency in the administration and enforcement
of this ordinance. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.06 NOTIFICATION TO FIRE COMMUNICATIONS & DISPATCH
(A) Notice upon discovery: Whenever a release (other than an authorized release) of any hazardous material,
in a quantity which exceeds the reportable quantity occurs on any facilities of any kind, the person in charge, upon
discovery of such release, or evidence of there having been a release, even though it has apparently been controlled,
shall IMMEDIATELY cause notice of the existence of such release, the circumstances of same, and the location
thereof to be given to the Emergency Services Dispatches Office (county 911 center).
(B) Emergency Telephone Number: The notice required by this Section, in Elizabethtown, shall be given by
telephoning “911” or other such emergency telephone number as designated. This one call meets the requirement of
notifying local agencies. This shall not be construed as meeting the reporting requirements outlines in applicable
state and federal legislation.
(C) Duty to Control Release: The requirements of this section shall not be construed to forbid any person on
or about the facilities from using all diligence necessary to control such release prior to the notification of “911”,
especially if such efforts may result in the containment of the release and/or the abatement of extreme hazard to the
employees or the general public. Delays in reporting releases due to in-house notification of off-site
owners/supervisors shall not be acceptable and may result in penalties.
(D) Accidental Air Releases in Excess of the Reportable Quantities: of listed hazardous materials, on file in
the City Clerk’s office, or, if unlisted (as prescribed in Section 4 of the Ordinance), shall be reported under the
requirements of this Section unless a different reportable quantity has been established under a previous agreement
between the LEPC and the particular facility.
(E) Duty to Report to State or Federal Agencies: No statement contained in this section shall be construed to
exempt or release any person from any other notification or reporting procedure required by any state or federal
agency. (Ordinance No. 13-2000, passed Aug. 21, 2000)
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63
§ 121.07 CONFIDENTIAL INFORMATION AND TRADE SECRETS
(A) Information and data provided by any person or obtained from any report, questionnaire, permit
application, permit and monitoring program, and from inspections shall not be made available to the public or any
other governmental agency, unless required by law.
(1) Upon submission of information in any form it shall be the obligation of the submitter to separate all
confidential and trade secret material from any material subject to disclosure under the law.
(2) Any requests made under the law for information containing confidential or trade secrets shall be
brought to the attention of the person requesting confidentiality of its trade secrets by certified mail, return
receipt requested. The notification shall advise the person requesting confidentiality of the decision of the
administering agency regarding release of the confidential information. In no event will such confidential
information be released until five (5) days have elapsed from date notice is sent by registered mail.
(3) Within seventy-two (72) hours after receipt of notification, the person requesting confidentiality of its
trade secrets shall have the burden to initiate appropriate actions at law or otherwise to protect its confidential or
trade secrets from disclosure, and must demonstrate that public disclosure of confidential or trade secrets is
likely to cause substantial harm to his/her competitive position.
(4) Any individual who releases information containing confidential or trade secrets in violation of the law
or this section shall be subject to disciplinary action by his employer for malfeasance, misfeasance, and willful
neglect of official duties, and may further be guilty of misuse of confidential information under KRS 522.040.
(B) The provisions of this section shall in no way prohibit the exchange of information, confidential or
otherwise, between public agencies when the exchange is serving a legitimate governmental need or is necessary in
the performance of a legitimate government function. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.08 ENFORCEMENT; NOTICE OF VIOLATION
(A) Notice: Upon notification or discovery of any violation of the provisions of this Ordinance, the
Elizabethtown Fire Department shall immediately investigate the site upon which the violation is located. If a
violation exists, a notice describing the violation shall be served upon the person who is responsible for the facilities
upon which the violation has occurred, if the identity of the person is known. The notice shall also include the
following, if applicable:
(1) A statement that the situation must be abated within the period of time prescribed by the Elizabethtown
Fire Department, giving the person responsible for the release the option to initiate clean-up and disposal,
provided that no unreasonable delay or damage to the public is the result thereof.
(2) A statement that if the situation is not remedied within the prescribed period of time, administering
agency with jurisdiction may proceed to secure appropriate public or private assistance to correct the violation.
(3) A statement that the person shall be liable for any costs incurred by public agencies associated with
their responses except for those costs that are associated with a normal emergency response.
(4) A statement that the nature of hazardous materials emergency response is outside the definition of
“normal emergency response” for local government agencies as outlined in Section 121.08 (A)(3) above.
(5) A statement that if the administering agency, with jurisdiction, has secured correction of the violation,
a bill shall be sent charging the person the amount of costs and expenses incurred by the governmental agency in
securing the correction of the violation.
(6) A statement that penalties may be levied for violations that have occurred.
(B) Governmental Response: In cases where the identity of a person who is responsible for facilities upon
which a violation has occurred is not known at the time a violation is reported, the city or any governmental agency
with jurisdiction in Elizabethtown may take reasonable steps to abate any problem and may take reasonable steps to
clean-up the area affected to assure continuing safety of the public and the environment. When the identity of the
person responsible for the facility is determined, a bill shall be sent to the person for the costs for correcting the
violation according to the provisions of section 121.08 (A).
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(C) Injunctive Relief: The City of Elizabethtown is empowered to seek injunctive relief for violations of this
Ordinance should other means prove ineffective and a threat to public health and safety exists. (Ordinance No. 132000, passed Aug. 21, 2000)
§ 121.09 PENALTIES
(A) Amount Exceeding Reportable Quantity: The person responsible for a hazardous material release in an
amount exceeding the reportable quantity may be fined not more than One Thousand Dollars ($1,000.00), if the
release is not authorized, and if the release involved willful violation, negligence, or repeated spills under similar
conditions and where a significant quantity of hazardous material is involved taking into account real or potential
damage to the environment and threat to the public health.
(B) Failure to Notify “911” Dispatch: The responsible person who fails to notify the “911” dispatch center
as required by section 121.06 of the Ordinance, may be fined not more than Five Thousand Dollars ($5,000.00).
(C) Any Provision other than Notification: The person who otherwise violates any provision of this
Ordinance, other than Section 121.06 (Notification), shall be fined not more than One Hundred Dollars ($100.00).
Every incident giving rise to such a violation shall constitute a separate offense; however, no person shall be held
responsible for more than one (1) violation per day where the violations occur at the same facility and are casually
related.
(D) Civil Damage: Any person violating any of the provisions of this Ordinance shall, subject to the
affirmative defenses set forth in Section 121.11, become liable, civilly, to the City of Elizabethtown government by
reason of such violation, including, but not limited to, any clean-up, evacuation, administrative or other expenses,
and legal expenses.
(E) Penalties Imposed Pursuant to Legislative Authority: Any penalties imposed under this section Shall be
levied by the City of Elizabethtown pursuant to its legislative authority. (Ord. No. 13-2000, passed Aug. 21, 2000)
§121.10 APPEALS BOARD
(A) The Appeals Board: empowered in Chapter 36.25 through 36.30 (passed 7/15/91) of the “City of
Elizabethtown Code of Ordinances” shall serve as the board of appeals in actions relative to violations of this
ordinance.
(B) Appeal: The Board, in hearing an appeal, shall recommend to the city that the administering agency’s
action be modified, upheld, or dismissed or that a fine or penalty levied upon a person for violation of any provision
of this Ordinance be set aside, modified, or left intact. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.11 AFFIRNATIVE DEFENSES
It shall be an affirmative defense to any enforcement action, other than an action for violation of Section 121.06
(Notification) of this Ordinance, including recovery of clean-up costs pursuant to this Ordinance, if a person can
prove that a release of hazardous materials was caused solely by:
(A) an act of God, or
(B) an act of war, or
(C) negligence on the part of the City of Elizabethtown, or
(D) an act or omission of a third party, or
(E) any combination of the foregoing clauses. (Ordinance No. 13-2000, passed Aug. 21, 2000)
§ 121.12 DISCLAIMER OF LIABILITY
This Ordinance shall not create liability on the part of the City of Elizabethtown, or any of its City departments,
for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.
All persons are advised to determine to their own satisfaction the level of protection, in addition to that required by
this Ordinance, necessary or desirable to ensure that there is no unauthorized release of hazardous materials.
2000-S-3
CHAPTER 122: ALCOHOLIC BEVERAGE CONTROL – PINE VALLEY GOLF COURSE
Section
122.01
122.02
122.03
122.04
122.05
122.06
122.07
122.08
122.09
122.10
122.11
122.12
122.13
122.14
122.15
122.16
122.17
122.18
122.19
122.20
122.21
122.22
122.23
122.24
122.25
Purpose
Definitions
Scope
Licenses
Creation of the Office of the City Alcoholic Beverage Control Administrator
Application/License
Fees
Refund of License Fees
Lost or Destroyed Licenses
Temporary Closing
Revocation or Suspension
Notice to Licensee; Surrender of License; Hearing
Transfer or Assignment
Refusal of License
Regulatory License Fee
Change of Information
Dormancy
Approval of Premises
Delinquent Taxes or Fees
Books, Records and Reports
Hours for sale and delivery; Restrictions
Conditions, Prohibitions and Restrictions
Enforcement
Penalties
Severability
§ 122.01 PURPOSE
The purpose of this section is to establish uniform regulations and requirements for the licensing of alcoholic
beverage sales at Pine Valley Golf Course, an eighteen (18) hole golf course that meets United States Golf
Association criteria as a regulation golf course, and which held a local option election for the limited sale of alcoholic
beverages in its precinct. Said local option election voted favorably for the lifting of prohibition for the limited sale
of alcoholic beverages by the drink for that golf course on June 19, 2001. This election has been.
The definitions of the words used throughout this section, unless the context requires otherwise, shall have the
same meaning as those set out in the Kentucky Alcoholic Beverage Control law (KRS Chapter 241, 242, 243 and
244) of the Commonwealth of Kentucky and all amendments and supplements thereto.
§ 122.03 SCOPE
This section shall apply to the sale of malt, wine and distilled spirits on the premises of the licensee. Nothing in
this section shall excuse or relieve the licensee, or the agent or any employee of any licensee thereof from the
restrictions, requirements and penalties of any other Ordinance or Ordinances of the City or of any statutes of the
Commonwealth of Kentucky relating to violations pertaining to alcoholic beverages.
65
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Adoption of State Alcoholic Beverage Control law – The provisions of the Alcoholic Beverage Control Law of
the Commonwealth of Kentucky (KRS Chapter 241, 242, 243 and 244) and all amendments and supplements thereto,
are adopted so far as applicable to this section except as otherwise lawfully provided herein.
§ 122.04 LICENSES
Under this section a license shall only be extended to the owners and/or operators of the Pine Valley Golf
Course, a regulation 18 hole golf course as recognized by the United States Golf Association, which rests within a
precinct which has lifted prohibition on a limited basis for the sale of alcoholic beverages by the drink on those
premises. (Ordinance No. 17-2001, passed Aug. 13, 2001)
§ 122.05 CREATION OF THE OFFICE OF THE CITY ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATOR
(a) The City hereby creates the office of City Alcoholic Beverage Control Administrator (hereinafter referred to as
City ABC Administrator) and assigns the duties of this office to the office of the Finance Director. Said office is
created under the powers authorized by KRS 241.160.
(b) The Mayor of the City shall appoint a City ABC Administrator.
(c) The salary for said office, if any, shall be fixed from time to time by the City Council.
(d) The functions of the City ABC Administrator shall be the same with respect to the City licenses and regulations
as the functions of the Alcoholic Beverage Control Board of the Commonwealth of Kentucky (hereinafter
referred to as ABC Board) with respect to state licenses and regulations, except that no amendments to these
regulations proposed by the City ABC Administrator may be less stringent than the statutes relating to Alcoholic
Beverage Control, or than regulations of the ABC Board. No regulation of the City ABC Administrator shall
become effective until it has first been appropriately approved by the City Council.
(e) No person shall be a City ABC Administrator, an Investigator or an employee of the City under the supervision
of the City ABC Administrator, who would be disqualified to be a member of the ABC Board under KRS
241.100. (KRS 241.170).
(f) The City ABC Administrator shall have all authority as authorized under Chapter 241 through 244 of the
Kentucky Revised Statutes.
(g) Should the City ABC Administrator at any time have reasonable grounds to believe that any applicant, licensee,
employee of a license, or any stockholder, agent or employee of a licensed corporation, has a criminal record, he
shall have the authority to require such person to appear in person at the Elizabethtown Police Department for
the purpose of having his or her fingerprints taken.
(h) The City ABC Administrator for entering upon his or her duties as such, shall take the oath as prescribed in
Section 228 of the Constitution, and shall execute a bond with a good corporate surety in the penal sum of not
less than five thousand ($5,000.00) dollars, and shall swear to faithfully perform the duties of his or her office
pursuit to the provisions of Sections 62.060 of the Kentucky Revised Statutes et seq. The Cost of any necessary
bond required under this section shall be borne by the City of Elizabethtown.
(i) Appeals from the order of the City ABC Administrator may be taken to the ABC Board by filing with the Board
within thirty (30) days a certified copy of the orders of the City ABC Administrator. Matters at issue shall be
heard by the Board as upon an original proceeding. Appeals from orders of the City ABC Administrator shall be
governed by KRS Chapter 13B.
§122.06 APPLICATION/LICENSE
(a) Before an application shall be considered, the applicant must publish a notice of its intent to apply for an alcohol
beverage license in a newspaper meeting the requirements of KRS Chapter 424.
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The advertisement shall state the name and addresses of the members of partnership if the applicant is a
partnership, as well as the name of the business and its address, or if the applicant is a corporation, the
names and addresses of the principal office and directors of the corporation, as well as the name and
addresses of the corporation itself, the location of the premises for which the license is sought, and the
type of license for which application is made.
(2) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the
publication as provided in KRS 424.170.
(b) All licenses granted under this section shall be approved by the City ABC Administrator. Application for the
issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by
the ABC Board and the City of Elizabethtown, as amended and supplemented from time to time.
(c) The application shall be verified and shall set forth in detail such information concerning the application and the
premises for which the license is sought as required by the Kentucky Revised Statutes, the ABC Board and the
City of Elizabethtown including as follows:
(1) Name and address;
(2) Nature of interest;
(3) Whether or not a citizen of the United States;
(4) Date of birth;
(5) Date residence was established in Kentucky, if a resident of Kentucky. If Elizabethtown resident indicate
when residence was established;
(6) Whether or not he or she has any interest in any other license or corporation or partnership holding a
license under this act;
(7) Extent of stock ownership;
(8) Whether or not he or she has any interest in any license or corporation or partnership holding a license in
any other state or province.
Each application shall be accompanied by a certified check, cash or a postal or express money order for the
license fee. Promptly upon receipt thereof the City ABC Administrator shall transmit the same to the City
Finance Department for deposit into the appropriate designated account.
(d) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the
release of this information to the City ABC Administrator.
(e) All City licenses shall be in such form as may be prescribed by the City Council and shall contain:
(1) The name and address of the licensee;
(2) The number of the license;
(3) The type of license;
(4) A description by street and number, or otherwise, of the licensed premises;
(5) The name and address of the owner of the building in which the licensed premises are located;
(6) The expiration date of the license;
(7) A statement in substance that the license shall not be a property or vested right and that it may be revoked
at any time pursuant to law.
(f) All licenses approved by the City ABC Administrator and issued by the City of Elizabethtown shall begin on
February 1 of any year and shall expire on January 31 of the succeeding year.
(g) The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or condonment
of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the
licensee.
(h) Any licenses issued after January 1 of any year shall be assessed a fee which is based on the pro rata portion of
the remainder of the license period. However, the cost of any licenses shall not be less than that for a period of
six months.
(i) In addition, any other penalties allowed by this section or any other statutory provision, a violation of this section
shall authorize and require the revocation of the license and the City shall not be required to refund any portion
of the license fee.
(Ord. No. 17-2001, passed – Aug. 13, 2001) (Am. Ord. No. 10-2003, passed 05-05-2003) (Am. Ord. No. 02-2010,
passed 04-05-10)
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§ 122.07 FEES
(a) The annual City License fee for the sale of wine and distilled spirits shall be $1,000.00. The City, with approval
of the City Council, may increase this fee if allowed by Kentucky Revised Statutes.
(b) The annual City License fee for the sale of malt beverages shall be $200.00 per year.
(c) The City ABC Administrator may require a separate license and fee for each different location on the premises of
the licensee which distributes wine or distilled spirits.
The City ABC Administrator shall transmit fees upon collection to the City Finance Department to be deposited
into the appropriate designated account. City Licenses shall be issued by the City ABC Administrator upon Receipt
of notice from the ABC Board Administrator of the finality of appeal or protest permitted upon such license pursuant
to the provision of KRS 243.360, and the fact the ABC Board Administrator has approved the applicant’s state
application. (Ordinance No. 17-2001, passed – Aug. 13, 2001)
§ 122.08 REFUND OF LICENSE FEES
Should any licensee under this section be prohibited from conducting said business for the full period covered by
the license because of any changes that may hereafter be made in the laws of the State of Kentucky with reference to
alcoholic beverages or other cause outside licensee’s control, then the City shall refund to it the proportionate part of
the license fee for the period during which it is prevented from carrying on said business if the licensee provides
sufficient proof to the City ABC Administrator that such period of inactivity was not the fault of the licensee or the
result of a revocation, suspension or other wrong doing by licensee or agent or employee of the licensee.
(Ordinance No. 17-2001, passed – Aug. 13, 2001)
§ 122.09 LOST OR DESTROYED LICENSES
When a license shall be lost or destroyed without fault on the part of the licensee or his agent or employee, a
duplicate in lieu of the original license shall be issued by the City ABC Administrator after he shall be satisfied as to
the facts, provided however, that the person applying for said duplicate license shall pay a fee of Ten ($10.00) dollars
for issuing said duplicate.
§ 122.10 TEMPORARY CLOSING
In the course of any one day of operation of a licensed premise should multiple violations of this section or other
statutes or ordinances of a public disorder nature, e.g. disturbing the peace, be reported and investigated by the City
Police Department, such reoccurrence shall be reported to the City ABC Administrator by the Chief of Police. The
City ABC Administrator shall, in the interest of public health, safety, morals and welfare, direct the Chief of Police
to temporarily suspend the license in question for the remaining hours of the day in question by locking the promises
after dispersing the patrons. The temporary suspension shall remain in effect until review of the alleged violations by
the City ABC Administrator, such review shall occur on the next business day.
§ 122.11 REVOCATION OR SUSPENSION
(a) Any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any
of the provisions of Kentucky Revised Statutes Chapters 241, 243 or 244, or any rule or regulation of the ABC
Board or of the Department of Revenue relating to the regulation of the manufacture, sale, transportation or
taxation of alcoholic beverages or if such licensee shall have violated or shall violate any act of congress or any
rule or regulation of any federal board, agency or commission, of this section now, heretofore, or hereafter in
effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors of
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any rules or regulations of the City heretofore in existence or authorized by the terms of Kentucky Revised
Statutes Chapters 241, 243 and 244 to be created, referred to, irrespective of whether the licensee know of or
permitted the violation or whether the violation was committed in disobedience of his instructions, or any such
license may be revoked or suspended for any cause which the City ABC Administrator in the exercise of his
sound discretion deems sufficient.
(b) A license may be revoked for any of the reasons for which the City ABC Administrator would have been
required to refuse a license if the facts had been known.
(c) Any license must be revoked or suspended for the following causes:
(1) Conviction of the licensee or his agent or employee for selling any illegal beverages on the premises
licensed.
(2) Making any false, material statements in an application for a license.
(3) If, within a period of two (2) consecutive years, any licensee or any of his clerks, servants, agents or
employees of the licensee shall been convicted of two (2) violations of the terms and provisions of KRS
Chapter 241, 243 or 244 or any act heretofore or hereafter in effect relating to the regulation of the
manufacture, sale and transportation of alcoholic beverages or if, within such period, any licensee or any
of the clerks, servants, agents or employees of the license shall have twice been convicted of any felony or
of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages, or of one (1) such
felony and one (1) such misdemeanor.
(4) Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, or any
penalties imposed by or under the provision of any statutes, this section or acts of congress relative to
taxation, or for violation of any rules or regulations of the Department of Revenue made in pursuance
thereof.
(5) Revocation of any license granted under any act of congress relative to the regulation of manufacture, sale
and transportation of alcoholic beverages. Any license must be revoked or suspended in the case of sale of
alcoholic beverages by the licensee at a price in excess of the price set by federal or state regulations.
(6) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device,
machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting
bets on horse races; or permitting to be set up, conducted, operated, kept, or engaged in, on the licensed
premised, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
§ 122.12 NOTICE TO LICENSEE; SURRENDER OF LICENSE; HEARING
(a) Within three (3) days after any order of revocation of a license becomes final, notice of revocation shall be given
to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the
licensed premises at the address shown in the last application for a license or in the last statement supplemental to
the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his
license to the City ABC Administrator. If the revoked license is not forthwith surrendered by the licensee, the
Chief of Police at the request of the City ABC Administrator shall immediately cause one of his officers to take
physical possession of the license and return it to the City ABC Administrator.
(b) When a license has been revoked, the former licensee may, with prior approval of the City ABC Administrator,
dispose of and transfer his stock of alcoholic beverages to an appropriate entity.
(c) Appeal from the decision of the City ABC Administrator shall be to the ABC Board.
(d) If a license is revoked or suspended by an order of the City ABC Administrator, the licensee shall at once
suspend all operations authorized under his license.
§ 122.13 TRANSFER OR ASSIGNMENT
No license issued under this section shall be transferred or assigned either as to licensee or location except with
prior approval of the City ABC Administrator and not then until a payment of One Hundred Dollars ($100.00) shall
be made to the City ABC Administrator.
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§ 122.14 REFUSAL OF LICENSE
A City license shall be refused:
(a) Causes for refusal to issue or renew a license and for suspension or revocation of a city license shall be the same
as provided for state licenses according to KRS 243.450, 243.490 and 243.500, as well as violation of any city
ordinance regarding alcohol beverage licensing, sales or the administration thereof.
(b) If the applicant has done any act for which a revocation of license would be authorized; or
(c) If the applicant has made any false material statement in his application,
A license (new issuance, transfer or renewal) may be refused by the City ABC Administrator for any reason
which he, in the exercise of his sound discretion, may deem sufficient.
§ 122.15 REGULATORY LICENSE FEE
(a) A regulatory license fee is imposed on the gross receipts of sale of alcoholic beverages of each license issued by
the City ABC Administrator. Said license fee shall be five (5%) percent of gross sales of alcoholic beverages as
set by the City Council. The City Council shall adopt at the beginning of each budget period for each fiscal year
such percentage rates as shall be reasonably estimated to insure full reimbursement to the City for the cost of any
additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages. Such fee
shall be in addition to any other tax, fee or license permitted by law, but a credit against such fee shall be
allowed in the amount equal to the license or fee imposed and such regulatory fee shall be applied annually from
January 1 to December 31.
(b) Payment of such fee shall accompany the tax returns approved for such use by the City Council and shall be
submitted to the City ABC Administrator by the 20th day of each month for the preceding month’s sales onetwelfth (1/12) of the fee required shall be deducted each month as credit.
(c) Failure to pay such monthly remittance within ten (10) days of the due date constitutes a violation and subjects
licensee to suspension revocation.
(d) Penalty for failure to file a return and pay monthly remittance by the due date is five percent (5%)of the tax for
each thirty (30) days or fraction thereof. The total late filing penalty shall not exceed twenty-five percent (25%)
of the tax, provided however, that in no case shall the penalty be less then Ten Dollars ($10.00).
(e) Interest at the rate of eight percent (8%) per annum will apply to any late payments.
(Ordinance No. 17-2001, passed – Aug. 13, 2001) (Amended Ordinance No. 10-2003, passed 05-05-2003)
§ 122.16 CHANGES OF INFORMATION
(a) Since a number of licenses issued by the City are in the name of corporation, it is necessary that stock ownership
changes is such corporation be reported to the City ABC Administrator. The City ABC Administrator can
therefore, investigate the person to whom the stock is transferred in order to ascertain whether that person is
precluded by statute from holding an interest in an alcoholic beverage license.
(b) As use herein, the word “change” is construed to include any change in directors or officers of the corporation,
or change in ownership of stock whereby any person secure ten percent (10%) of the outstanding stock. Transfer
of more than ten percent (10%) of the total stock shall require a new license.
(c) The following information will be required concerning any new director, officer or person securing any interest
in alcoholic beverage license:
(4) Date of birth;
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(7)
(8)
71
Whether or not he or she has any interest in any other license or corporation or partnership holding a
Extent of stock ownership;
Whether or not he or she has any interest in any license or corporation or partnership holding a license in
This information shall be filed with the City ABC Administrator as an amendment of the application pursuant to
which the license was granted.
§ 122.17 DORMANCY
(a) It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be
declared dormant and become null and void after ninety (90) days. Such is the intent of this section. Realizing
that a licensee, like other business, may have his business interrupted by situations not under his control, various
exceptions to the dormancy rule have been included in this section.
(b) Any license under which no business is transacted during a period of ninety (90) days shall become null and
void. At the expiration of the ninety (90) day period the license shall be surrendered to the City ABC
Administrator.
(c) Except that the provisions of subsection (a) hereof shall not apply to any licensee who is unable to continue in
business at the premises for which a license is issued due to construction, an act of God, casualty, death, the
acquisition of the premises by any federal, state, city or other governmental agency under power of eminent
domain, acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing
lease. Such licensee shall furnish to the City ABC Administrator a verified statement setting forth the fact that
the licensee is unable to continue in business prior to the expiration of the ninety (90) days of inactivity, for any
of the reasons set forth herein, and the City ABC Administrator may grant an extension of the dormancy with the
license continuing to remain in effect during the license period or until same is transferred to another premises,
notwithstanding the fact that no business is transacted during said period; provided, however, no such license
shall be considered valid unless business is conducted thereunder within twelve (12) months from the date of
notice to the City ABC Administrator. Such extension may not extend beyond the renewal date but may be for
such times as the City ABC Administrator deems appropriate in exercise of his sound discretion.
(d) All renewal licenses must be on file with the City ABC Administrator within thirty (30) days prior to the
expiration of the licenses for the preceding license period or the same shall be canceled, except where the
licensee is unable to continue in business at the same premises licensed during the preceding license prior due to
construction, an act of God, casualty, death, the acquisition or threatened acquisition of these premises by any
federal, state, city or other governmental agency or private corporation, possessing power of eminent domain,
whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing
lease; that said licensee shall file a written verified statement no less than twenty (20) days from the expiration
date of the license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the
time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the City
ABC Administrator; provided, however, such licensee shall pay a license fee from the expiration date of the
former license or licenses. Said license fee shall not be payable until application is made for the transfer of said
license to a new location.
§ 122.18 APPROVAL OF PREMISES
The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license
until said applicant and his place of business shall have been approved by the county health department, city building
inspector, city and state fire marshal and all other inspections required by the Kentucky Building Code.
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§ 122.19 DELINQUENT TAXES OR FEES
No license to sell alcoholic or malt beverages shall be granted or renewed to any person who is delinquent in the
payment of any taxes or fees due to the City at the time of the issuing the license; nor shall any license be granted or
renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any
delinquent taxes or fees due the City. Further, if a licensee becomes delinquent in the payment of any taxes or and
fees due the City at any time during the license period, the license to sell alcoholic or malt beverages shall be subject
to revocation or suspension.
(Ordinance No. 17 – 2001, passed – Aug. 13, 2001)
§ 122.20 BOOKS, RECORDS AND REPORTS
(a) Every licensee under this section shall keep and maintain upon the licensed premises adequate books and records
of all transaction involved in the sale of alcoholic beverages in the same manner required by the reasonable rules
and regulations of the 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 review.
(b) For the purpose of assisting the City ABC Administrator in enforcement of this section, every licensee required
to report to the ABC Board under KRS 243.850 shall provide a copy of such report to the City ABC
Administrator. Copies of any and all reports and correspondences to the ABC Board required by Statute shall be
furnished to the City ABC Administrator.
§ 122.21 HOURS FOR SALE AND DELIVERY; RESTRICTIONS
(a) Upon the licensee being granted a license for the retail sales of distilled spirits, wine and malt beverages by the
drink for consumption on it premises, it shall not be permitted to sell or dispense said beverages Monday through
Saturday between the hours of midnight and 6:00 a.m.
(b) The licensee may sell or dispense distilled spirits, wine and malt beverages by the drink for consumption on its
premises on Sunday between the hours of 1:00 p.m. and 12:00 a.m.
(c) All delivery of alcoholic beverages in the City shall be made during normal business hours, Monday through
Saturday. No delivery shall occur on Sunday.
The licensee shall not sell or dispense any distilled spirits, wine or malt beverages during the hours that the polls
are open on any regular or primary election day.
The licensee shall remain closed during the hours the polls are open on any regular or primary election day
unless it can provide a separate locked department in which all stock of distilled spirits, wine and malt beverages are
kept during the hours the polls are open. KRS 244.290.
(Ordinance No. 17 – 2001, passed – Aug. 13, 2001) (Amended Ordinance No. 10-2003, passed 05-05-2003)
§ 122.22 CONDITIONS, PROHIBITIONS AND RESTRICTIONS
(a) No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be
permitted in any form on such licensed premises. Dice, slot machines, or any device of chance is prohibited and
shall not be kept on such premises.
(b) It shall be unlawful for any licensee licensed under this section to have or maintain any radio receiving apparatus
on such premises which is intentionally adjusted so as to receive police messages broadcast from any law
enforcement agency in Hardin County as it is now or may hereafter be operated. In addition to other penalties
provided for the violation of this section, the Chief of Police or the City ABC Administrator shall have the
authority to confiscate any and all such radio receiving apparatus.
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(c) The licensee shall be responsible for maintaining security on his premises including providing adequate outside
lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the
general public utilizing the licensed premise. Security standards are further necessary to discourage unlawful
activity in and around the licensed premises.
(d) It shall be unlawful for the licensee under this section who sells alcoholic beverages of any kind, to give away or
offer to give away anything tangible of value as a premium or prize, or for any other purpose in direct
connection with the sale of alcoholic beverages.
(e) No licensee or agent or employee of the licensee shall permit any person to become drunk or intoxicated on the
premises, not shall any licensee permit any drunk or intoxicated person to remain on the licensed premises.
(f) The licensee shall not sell or dispense alcoholic beverages to any person who is under 21 years of age.
(g) The licensee shall display at all times in a prominent place a sign at least 8” x 11” in 30 point or large type
which states as follows:
Persons under the age of twenty-one (21) are subject to a fine of up to One Hundred Dollars
($100.00) if they:
1. Enter licensed premises to buy, or have served to them alcoholic beverages.
2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(h) The licensee, before commencing any business for which a license has been issued, shall post and display at all
times in a conspicuous place in the room or principal room where the business is carried on so that all person
visiting the place may readily see the license.
The licensee shall not at any time post the license on premises other than the licensed premises or upon
premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, or
knowingly deface, destroy or alter the license in any respect.
(i) The licensee shall post in a prominent place easily seen by patrons a printed sign at least eleven (11) inches by
fourteen (14) inches in size, with letters at least one (1) inch high, supplied by the Alcoholic Beverage Control
Commission, and with gender-neutral language supplied by the Cabinet for Health Services, which shall warn
that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects.
A Person who violates this subsection shall be subject to a fine of not less than ten dollars ($10.00) nor
more than fifty dollars ($50.00). KRS 243.895
(j) Any off premises signage advertising the sale of alcoholic beverages is prohibited.
(k) No wholesaler or distributor shall sell any alcoholic beverages to any person in the City for any consideration
except under the usual credit or cash terms of the wholesaler or distributor at or before the time of delivery. Nor
shall any retail license sell to a purchaser for any consideration except for cash at time of purchase.
(l) No licensee shall knowingly employ in connection with his business, in any capacity whatsoever, any person
who:
(1) Has been convicted of any felony, misdemeanor or offense directly or indirectly attributable to the use of
alcoholic beverages, within the last two (2) years;
(2) Is under the age of twenty (20) years who will be serving alcoholic beverages;
(3) Within two (2) years prior to the date of his employment, has had any City license under this section
revoked for cause.
Violation of this subsection shall subject both employer and employee to penalties provide in this section
and shall be cause for revocation of license.
(m) Mandatory Responsible Alcoholic Beverage Service Training:
(1) All persons employed in the selling and serving of alcoholic beverages shall participate in and complete a
City approved responsible beverage service training program. For a responsible beverage service program
to be approved by the City, it must effectively train its participants in the identification of false age
documents and recognition of characteristics of intoxications. The City will require enrollment in the
Server Training in Alcohol Regulations (S.T.A.R.) program offered by the Education Branch of the State
ABC to provide consistency in the training under specific Kentucky law.
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(2)
All persons required to complete training under paragraph (1) above shall complete that training within
sixty (60) days of the date on which the person first becomes subject to the training requirement or in the
first available approved program following employment if no program is available within sixty (60) days.
All person completing training required by this section shall be re-certified in responsible alcoholic
beverage service training from a program approved by the City not less than once every three (3) years
thereafter.
(3) The manager of the restaurant shall be responsible for compliance with the training requirements and shall
maintain for inspection by the City ABC Administrator a record of file on each employee that shall contain
the name, job description, date of employment and proof of certification of each server regulated by this
section. This information shall be available at any reasonable time to any alcoholic beverage control officer
or any police officer.
(Ordinance No. 17-2001, passed Aug. 13, 2001) (Am. Ord. No. 05-2008, passed 05-19-2008)
City police officers and the City ABC Administrator are authorized to enforce this section for alleged violations.
(Ordinance No. 17 – 2001, passed Aug. 13, 2001)
§ 122.24 PENALTIES
The following penalties shall be in addition to any criminal prosecution instituted in Hardin District Court against
an alleged violator and fines hereunder shall be payable to the City ABC Administrator.
The City ABC Administrator may assess a fine of not more than five hundred dollars ($500.00) per violation.
This payment of said fine shall be transmitted to the City Finance Department to be deposited in the appropriate
designated account.
Any person, firm or corporation who violates any of the provisions of this section, for which no other penalty is
hereby provided, shall, for the first offense, be fined not less than one hundred dollars ($100.00) nor more than two
hundred dollars ($200.00) or imprisoned in the county jail for not more than six (6) months, or both, and for the
second and each subsequent violation, he shall be fined not less than two hundred dollars ($200.00) nor more than
five hundred dollars ($500.00) or imprisoned in the county jail for not more than six months, or both. The penalties
provided for in this subsection shall be in addition to the revocation or suspension of the offender’s license. If the
offender is a corporation, joint stock company, association or fiduciary, the principal officer or officers responsible
for the violation may be imprisoned.
§ 122.25 SEVERABILITY
If any portion of this section is declared null and void, the remaining provisions will remain in full force and
effect. (Ordinance 17-2001, passed – Aug. 13, 2001)
2008-S-2
CHAPTER 123: ALCOHOLIC BEVERAGE CONTROL – RESTAURANTS & DINING FACILITIES
Section
123.01
123.02
123.03
123.04
123.05
123.06
123.07
123.08
123.09
123.10
123.11
123.12
123.13
123.14
123.15
123.16
123.17
123.18
123.19
123.20
123.21
123.22
123.23
123.24
123.25
123.26
123.27
Purpose
Definitions
Scope
Licenses
Duties of the Office of the City Alcoholic Beverage Control Administrator
Application/License
Fees
Refund of License Fees
Lost or Destroyed Licenses
Temporary Closing
Revocation or Suspension
Notice to Licensee; Surrender of License; Hearing
Transfer or Assignment
Refusal of License
Review of License
Regulatory License Fee
Change of Information
Dormancy
Approval of Premises
Delinquent Taxes or Fees
Books, Records and Reports
Hours for Sale and Delivery; Restrictions
Conditions, Prohibitions and Restrictions
Enforcement
Penalties
Severability
Effective Date
§ 123.01 PURPOSE
The purpose of this section is to establish uniform regulations and requirements for the licensing and regulation
of alcoholic beverage sales pursuant to KRS 242.185 (6) for any restaurant or dining facility which seats a minimum
of 100 persons and which derives a minimum of seventy (70%) percent of its gross receipts from the sale of food.
To realize this intent, the City shall implement this Ordinance in such a manner as to assure that:
(a) Restaurants and dining facilities licensed under this section shall seat a minimum of one hundred (100) persons.
Only permanent seating, excluding bar-type stools, patio seating or temporary chairs available as needed,
satisfies this seating threshold. Said seating must comply with all fire and safety capacity ratings and regulations.
(b) The sale of alcoholic beverages shall be accessory to the sale of food, offered only during times in which the
licnesee’s kitchen and food service staff is on duty.
(c) Restaurants and dining facilities licensed under this section shall derive a minimum of seventy (70%) percent of
their gross receipts from the sale of food as certified by periodic documentation.
(Ord. 12-2002, passed 07-01-2002)
The definitions of the words used throughout this section, unless the context requires otherwise, shall have the
same meaning as those set out in the Kentucky Alcoholic Beverage Control law (KRS Chapters 241, 242, 243 and
244) of the Commonwealth of Kentucky and all amendments and supplements thereto.
(Ord. 12-2002, passed 07-01-2002)
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§123.03 SCOPE
This section shall only apply to the sale of malt, wine and distilled spirits on the premises of the licensee.
Nothing in this section shall excuse or relieve the licensee, or the agent or any employee of any licensee thereof from
the restrictions, requirements and penalties of any other Ordinance or Ordinances of the City or of any statutes of the
Commonwealth of Kentucky relating to violations pertaining to alcoholic beverages.
Adoption of Station Alcoholic Beverage Control law – The provision of the Alcoholic Beverage Control Law of
the Commonwealth of Kentucky (KRS Chapters 241, 242, 243 and 244) and all amendments and supplements
thereto, are adopted so far as applicable to this section except as otherwise lawfully provided herein.
(Ord. 12-2002, passed 07-01-2002)
§ 123.04 LICENSES
Under this section a license shall only be extended to the owners and/or operators of those establishments which
qualify under KRS 242.185(6).
(Ord. 12-2002, passed 07-01-2002)
§ 123.05 DUTIES OF THE OFFICE OF THE CITY ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATOR
(a) The duties of the office of City Alcoholic Beverage Control Administrator (hereinafter referred to as City ABC
Administrator) are assigned to the office of the Finance Director.
(b) The Mayor of the City shall appoint a City ABC Administrator.
(c) The salary for said office, if any, shall be fixed from time to time by the City Council.
(d) The functions of the City ABC Administrator shall be the same with respect to the City licenses and regulations
as the functions of the Alcoholic Beverage Control Board of the Commonwealth of Kentucky (hereinafter
referred to as ABC Board) with respect to state licenses and regulations, except that no amendment to these
regulations proposed by the City ABC Administrator may be less stringent than the statutes relating to Alcoholic
Beverage Control, or than regulations of the ABC Board. No regulation of the City ABC Administrator shall
become effective until it has first been appropriately approved by the City Council.
(e) No person shall be a City ABC Administrator, an Investigator or an employee of the City under the supervision
of the City ABC Administrator, who would be disqualified to be a member of the ABC Board under KRS
241.200. (KRS 241.170).
(f) The City ABC Administrator shall have all authority as authorized under Chapters 241 through 244 of the
Kentucky Revised Statues.
(g) Should the City ABC Administrator at any time have reasonable grounds to believe that any applicant, licensee,
employee of a licensee, or any stockholder, agent or employee of a licensed corporation, has a criminal record,
he shall have the authority to require such person to appear in person at the Elizabethtown Police Department for
the purpose of having his or her fingerprints taken.
(h) The City ABC Administrator for entering upon his or her duties as such, shall take the oath as prescribed in
Section 228 of the Constitution, and shall execute a bond with a good corporate surety in the penal sum of not
less than five thousand ($5,000.00) dollars, and shall swear to faithfully perform the duties of his or her office
pursuant to the provision of Section 62.060 of the Kentucky Revised Statues et seq. The cost of any necessary
bond required under this section shall be borne by the City of Elizabethtown.
(i) Appeals from the orders of the City ABC Administrator may be taken to the state ABC Board by filing with the
Board within thirty (30) days a certified copy of the orders of the City ABC Administrator. Matters at issue shall
be heard by the Board as upon an original proceeding. Appeals from order of the City ABC Administrator shall
be governed by KRS Chapter 13B.
(Ord. 12-2002, passed 07-01-2002)
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§ 123.06 APPLICATION/LICENSE
(a) Before an application shall be considered, the applicant must publish a notice of its intent to apply for an alcohol
beverage license in a newspaper meeting the requirements of KRS Chapter 424.
(1) The advertisement shall state the name and addresses of the members of partnership if the applicant is a
partnership, as well as the name of the business and its address, or if the applicant is a corporation, the
names and addresses of the principal office and directors of the corporation, as well as the name and
addresses of the corporation itself, the location of the premises for which the license is sought, and the
type of license for which application is made.
(2) The applicant shall attach to the application a newspaper clipping of the advertisement and proof of the
publication as provided in KRS 424.170.
(b) All licenses granted under this section shall be approved by the City ABC Administrator. Applications for the
issuance of new licenses and for renewals of existing licenses shall be in writing and upon the forms provided by
the ABC Board and the City of Elizabethtown, as amended and supplied from time to time.
(c) The application shall be verified and shall set forth in detail such information concerning the applicant and the
premises for which the license is sought as required by the Kentucky Revised Statutes, the ABC Board and the
City of Elizabethtown including as follows:
(4) Date of birth;
Each application shall be accompanied by a certified check, cash or a postal or express money order for the
license fee. Promptly upon receipt thereof the City ABC Administrator shall transmit the same to the City
Finance Department for deposit into the appropriate designated account.
(d) All applicants shall voluntarily submit to a criminal background check and shall sign a waiver allowing the
release of this information to the City ABC Administrator.
(e) All City licenses shall be in such form as may be prescribed by the City Council and shall contain:
(1) The name and address of the licensee;
(2) The number of the license;
(3) The type of license;
(4) A description by street and number, or otherwise, of the licensed premises;
(5) The name and address of the owner of the building in which the licensed premises are located;
(6) The expiration date of the license;
(7) A statement in substance that the license shall not be a property or vested right and that it may be revoked
at any time pursuant to law.
(f) All licenses approved by the City ABC Administrator and issued by the City of Elizabethtown shall begin on
February 1 of any year and shall expire on January 31 of the succeeding year. (Ord. 02-2010, passed 04-05-10)
(g) The renewal by the City ABC Administrator of the license shall not be construed to be a waiver or acceptance of
any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the
licensee.
(h) Any licenses issued after July 1 of any year shall be assessed a fee which is based on the pro rata portion of the
remainder of the license period. However, the cost of any license shall not be less than that for a period of six
months.
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(i) In addition, any other penalties allowed by this section or any other statutory provision, a violation of this section
shall authorize and require the revocation of the license and the City shall not be required to refund any portion
of the license fee.
(Ord. 12-2002, passed 07-01-2002)
§ 123.07 FEES
(a) The annual City License fee for the sale of wine and distilled spirits shall be $1,000.00. The City, with approval
of the City Council, may increase this fee if allowed by Kentucky Revised Statutes.
(b) The annual City License fee for sale of malt beverages shall be $200.00 per year.
(c) The City ABC Administrator shall transmit fees upon collection to the City Finance Department to be deposited
into the appropriate designated account. City Licenses shall be issued by the City ABC Administrator upon
receipt of notice from the ABC Board Administrator of the finality of appeal or protest permitted upon such
license pursuant to the provisions of KRS 243.360, and the fact the ABC Board Administrator has approved the
applicant’s state application.
(Ord. 12-2002, passed 07-01-2002)
§ 123.08 REFUND OF LICENSE FEES
Should any license under this section be prohibited from conducting said business for the full period covered by
the license because of any changes that may hereafter be made in the laws of the State of Kentucky with reference to
alcoholic beverages or other cause outside licensee’s control then the City shall refund to it the proportionate part of
the license fee for the period during which it is prevented from carrying on said business if the licensee provided
sufficient proof to the City ABC Administrator that such period of inactivity was not the fault of the licensee or the
result of a revocation, suspension or other wrong doing by licensee or agent or employee of the licensee.
(Ord. 12-2002, passed 07-01-2002)
§ 123.09 LOST OR DESTROYED LICENSES
When a license shall be lost or destroyed without fault on the part of the licensee or his agent or employee, a
duplicate in lieu of the original license shall be issued by the City ABC Administrator after he shall be satiffied as to
the facts, provided, however, that the person applying for said duplicate license shall pay a fee of Ten ($10.00)
dollars for issuing said duplicate.
(Ord. 12-2002, passed 07-01-2002)
§ 123.10 TEMPORARY CLOSING
In the course of any one day of operation of a licensed premise should multiple violations of the ordinance or
other statutes or ordinances of a public disorder nature, e.g. disturbing the peace, be reported and investigated by the
City Police Department, such reoccurrence shall be reported to the City ABC Administrator by the Chief of Police.
The City ABC Administrator shall, in the interest of public health, safety, morals and welfare, direct the Chief of
Police to temporarily suspend the license in question for the remaining hours of the day in question by locking the
premises after dispersing the patrons. The temporary suspension shall remain in effect until review of the alleged
violations by the City ABC Administrator, such review shall occur on the next business day.
(Ord. 12-2002, passed 07-01-2002)
§ 123.11 REVOCATION OR SUSPENSION
(a) Any license may be revoked or suspended by the City ABC Administrator if the licensee shall have violated any
of the provisions of Kentucky Revised Statutes chapters 241, 243 or 244, or any rule or regulation of the ABC
Board or of the department of revenue relating to the regulation of the manufacture, sale and transportation or
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taxation of alcoholic beverages of if such licensee shall have violated or shall violate any act of congress or any
rule or regulation of any federal board, agency or commission, or this section now, heretofore, or hereafter in
effect relating to the regulation of the manufacture, sale and transportation or taxation of intoxicating liquors of
any rules or regulations of the City heretofore in existence or authorized by the terms of Kentucky Revised
Statutes Chapters 241, 243 and 244 to be created, referred to, irrespective of whether the licensee knew of or
permitted the violation or whether the violation was committed in disobedience of his instructions, or any such
license may
be revoked or suspended for any cause which the City ABC Administrator in the exercise of his sound discretion
deems sufficient.
(b) A license may be revoked for any of the reasons for which the City ABC Administrator would have been
required to refuse a license if the facts had been known.
(c) Any license must be revoked or suspended for the following causes:
(1) Conviction of the licensee or his agent or employee for selling any illegal beverages on the premises
licensed.
(2) Making any false, material statements in an application for license.
(3) If, within a period of two (2) consecutive years, any licensee or any of his clerks, servants, agents or
employees of the licensee shall have been convicted of two (2) violations of the terms and provisions of
KRS Chapter 241, 243 or 244 or any act heretofore or hereafter in effect relating to the regulation of the
manufacture, sale and transportation of alcoholic beverages or if, within such period, any licensee or any
of the clerks, servants, agents or employees of the license shall have twice been convicted of any felony or
of any misdemeanor directly or indirectly attributable to the use of alcoholic beverages, or of one (1) such
felony and one (1) such misdemeanor.
(4) Willful and deliberate failure or default of a licensee to pay an excise tax or any part thereof, of any
penalties imposed by or under the provisions of any statutes, this section or acts of congress relative to
taxation, or for a violation of any rules or regulations of the Department of Revenue made in pursuance
thereof.
(5) Revocation of any license granted under any act of congress relative to the regulation of manufacture, sale
and transportation of alcoholic beverages. Any license must be revoked or suspended in the case of sale of
alcoholic beverages by the licensee at a price in excess of the price set by federal or state regulations.
(6) Setting up, conducting, operating or keeping, on the licensed premises, any gambling game, device,
machine or contrivance, or lottery or gift enterprise, or handbook or facility for betting or transmitting
bets on horse races; or permitting to be set up, conducted, operated, kept, or engaged in, on the licensed
premised, any such game, device, machine, contrivance, lottery, gift enterprise, handbook or facility.
(Ord. 12-2002, passed 07-01-2002)
§ 123.12 NOTICE TO LICENSEE: SURRENDER OF LICENSE: HEARING
(a) Within three (3) days after any order of revocation of a license becomes final, notice of revocation shall be given
to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the
licensed premises at the address shown in the last application for a license or in the last statement supplemental to
the application shall be deemed sufficient compliance with this section. The licensee shall at once surrender his
license to the City ABC Administrator. If the revoked license is not forthwith surrendered by the licensee, the
Chief of Police at the request of the City ABC Administrator shall immediately cause one of his officers to take
physical possession of the license and return it to the City ABC Administrator.
(b) When a license has been revoked, the former licensee may, with prior approval of the City ABC Administrator,
dispose of and transfer his stock of alcoholic beverages to an appropriate entity.
(c) Appeal from the decision of the City ABC Administrator shall be to the ABC Board.
(d) If a license is revoked or suspended by an order of the City ABC Administrator, the licensee shall at once
suspend all operations authorized under his license.
(Ord. 12-2002, passed 07-01-2002)
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§ 123.13 TRANSFER OR ASSIGNMENT
No license issued under this section shall be transferred or assigned either as to licensee or location except with
prior approval of the City ABC Administrator and not then until a payment or One Hundred Dollars ($100.00) shall
be made to the City ABC Administrator.
(Ord. 12-2002, passed 07-01-2002)
§ 123.14 REFUSAL OF LICENSE
A City license shall be refused:
(a) Causes for refusal to issue or renew a license and for suspension or revocation of a City license shall be the same
as provided for state licenses according to KRS 243.450, 243.490 and 243.500, as well as violation of any city
ordinance regarding alcohol beverage licensing, sales or the administration thereof.
(b) If the applicant has done any act for which a revocation of license would be authorized; or
(c) If the applicant has made any false material statement in his application.
A license (new issuance, transfer or renewal) may be refused by the City ABC Administrator for any reason
which he, in the exercise of his sound discretion, may deem sufficient.
(Ord. 12-2002, passed 07-01-2002)
§ 123.15 REVIEW OF LICENSE
Applicants to whom a license is issued authorizing the sale of alcoholic beverages by the drink pursuant to this
section shall provide periodic information demonstrating compliance with the continuing requirement that seventy
percent (70%) of the applicant’s business income is earned from the sale of food.
This documentation shall be provided on a schedule to be coordinated with the applicant’s quarterly regulatory
fee filings.
This information shall consist of a certificate from a Certified Public Accountant familiar with the applicant’s
pertinent business records. This certificate shall state:
“I declare, under the penalties of perjury, that this return has been examined by me and to the best of my
knowledge and belief is a true, correct and complete return. I further certify that the Licensee earned at least
seventy (70%) percent of its gross receipts from the sale of food during this reporting period.:
(Ord. 12-2002, passed 07-01-2002; Amended – Ord. 27-2002, passed 12-16-2002)
§ 123.16 REGULATORY LICENSE FEE
(a) A regulatory license fee is imposed on the gross receipts of sale of alcoholic beverages or each license issued by
the City ABC Administrator. Said licensee fee shall be five (5%) percent of gross sales of alcoholic beverages as
set by the City Council. The City Council shall adopt at the beginning of each budget period for each fiscal year
such percentage rates as shall be reasonably estimated to insure full reimbursement to the City for the cost of any
additional policing, regulatory or administrative expenses related to the sale of alcoholic beverages. Such fee
shall be in addition to any other tax, fee or license permitted by law, but a credit against such fee shall be
allowed in an amount equal to the license or fee imposed and such regulatory fee shall be applied annually from
January 1 to December 31.
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(b) Payment of such regulatory fees shall be remitted to the City ABC Administrator, and shall accompany the tax
returns approved for such use by the City Council. These returns and payments are due no later than by the end
of the month immediately following each calendar quarter at which time one-forth (1/4) of the annual fees shall
be deducted as a credit.
(c) Failure to pay such quarterly remittance within ten (10) days of the due date constitutes a violation and subjects
licensee to suspension revocation.
(d) Penalty for failure to file a return and pay quarterly remittance by the due date is five percent (5%) of the tax for
each ninety (90) days of fraction thereof. The total late filing penalty shall not exceed twenty-five percent (25%)
of the tax, provided, however, that in no case shall the penalty be less than Ten Dollars ($10.00).
(e) Interest at the rate of eight percent (8%) per annum will apply to any late payments.
(Ord. 12-2002, passed 07-01-2002)
§ 123.17 CHANGE OF INFORMATION
(a) Since a number of licenses issued by the City are in the name of corporation, it is necessary that stock ownership
changes in such corporation be reported to the City ABC Administrator. The City ABC Administrator can
therefore, investigate the person to whom the stock is transferred in order to ascertain whether that person is
precluded by statute from holding an interest in an alcoholic beverage license.
(b) As used herein, the word “change” is construed to include any change in directors or officers of the corporation,
or change in ownership of stock whereby any person secures ten percent (10%) of the outstanding stock.
Transfer of more than ten percent (10%) of the total stock shall require a new license.
(c) The following information will be required concerning any new director, officer, or person securing any interest
in alcoholic beverages license:
(4) Date of birth;
This information shall be filed with the City ABC Administrator as an amendment of the application pursuant to
which the license was granted.
(Ord. 12-2002, passed 07-01-2002)
§ 123.18 DORMANCY
(a) It is necessary that a licensee actually conduct the business authorized by such license or else the license will be
declared dormant and become null and void after ninety (90) days. Such is the intent of this section. Realizing
that a licensee, like other business, may have his business interrupted by situations not under his control, various
exceptions to the dormancy rule have been included in this section.
(b) Any license under which no business is transacted during a period of ninety (90) days shall become null and
void. At the expiration of the ninety (90) day period the license shall be surrendered to the City ABC
Administrator.
(c) Except that the provisions of subsection (a) hereof shall not apply to any licensee who is unable to continue in
business at the premises for which a license is issued due to construction, an act of God, casualty, death, the
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acquisition of the premises by any federal, state, city or other governmental agency under power of eminent
domain, acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing
lease. Such licensee shall furnish to the city ABC Administrator a verified statement setting forth the fact that the
licensee is unable to continue in business prior to the expiration of the ninety (90) days of inactivity, for any of
the reasons set forth herein, and the City ABC Administrator may grant an extension of the dormancy with the
license continuing to remain in effect during the license period or until same is transferred to another premises,
notwithstanding the fact that no business is transacted during said period; provided, however, no such license
shall be considered valid unless business is conducted thereunder within twelve (12) months from the date of
notice to
the City ABC Administrator. Such extension may not extend beyond the renewal day but may be for such times
as the City ABC Administrator deems appropriate in exercise of his sound discretion.
(d) All renewal licenses must be on file with the City ABC Administrator within thirty (30) days prior to the
expiration of the licenses for the preceding license period or the same shall be canceled, except where the
licensee is unable to continue in business at the same premises licensed during the preceding license prior due to
construction, an act of God, casualty, death, the acquisition or threatened acquisition of these premises by any
federal, state, city or other governmental agency or private corporation, possessing power of eminent domain,
whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing
lease; that said licensee shall file a written verified statement no less than twenty (20) days from the expiration
date of the license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the
time for filing of a renewal of such license for a reasonable length of time within the sound discretion of the City
ABC Administrator; provided, however, such licensee shall pay a license fee from the expiration date of the
former license or licenses. Said license fee shall not be payable until application is made for the transfer of said
license to a new location.
(Ord. 12-2002, passed 07-01-2002)
§ 123.19 APPROVAL OF PREMISES
The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license
until said applicant and his place of business shall have been approved by the City building inspector, and any and all
other inspections required by the Kentucky Building Code.
(Ord. 12-2002, passed 07-01-2002)
§ 123.20 DELINQUENT TAXES OR FEES
No license to sell alcoholic or malt beverages shall be granted or renewed to any person who is delinquent in the
payment of any taxes or fees due the City at the time of the issuing the license; nor shall any license be granted or
renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any
delinquent taxes or fees due the City. Further, if a licensee becomes delinquent in the payment of any taxes or any
fees due the City at any time during the license period, the license to sell alcoholic or malt beverages shall be subject
to revocation or suspension.
(Ord. 12-2002, passed 07-01-2002)
§ 123.21 BOOKS, RECORDS AND REPORTS
(a) Every licensee under this section shall keep and maintain upon the licensed premises adequate books and records
of all transactions involved in the sale of alcoholic beverages in the same manner required by the reasonable rules
and regulations of the 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 review.
(b) For the purpose of assisting the City ABC Administrator in enforcement of this section, every licensee required
to report to the ABC Board under KRS 243.850 shall provide a copy of such report to the City ABC
Administrator. Copies of any and all reports and correspondences to the ABC Board required by Statute shall be
furnished to the City ABC Administrator.
(Ord. 12-2002, passed 07-01-2002)
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§ 123.22 HOURS FOR SALE AND DELIVERY; RESTRICTIONS
(a) Upon the licensee being granted a license for the retail sales of distilled spirits, wine and malt beverages by the
drink for consumption on its premises, it shall not be permitted to sell or dispense said beverages Monday
through Saturday between the hours of midnight and 6:00 a.m.
(b) The licensee may sell or dispense distilled spirits, malt beverages and wine on Sunday between the hours of 1:00
p.m. and 12:00a.m.
(c) The licensee shall provide a separate locked department in which all stocks of distilled spirits, wine and malt
beverages are kept during these hours when sales are prohibited. KRS 244.290.
(d) All delivery of alcoholic beverages in the City shall be made during normal business hours, Monday through
Saturday. No delivery shall occur on Sunday.
The licensee shall not sell or dispense any distilled spirits, wine or malt beverages during the hours that the polls
are open on any regular or primary election day.
The licensee shall remain closed during the hours the polls are open on any regular or primary election day
unless it can provide a separate locked department in which all stock of distilled spirits, wine and malt beverages are
kept during the hours the polls are open. KRS 244.290
(Ord. 12-2002, passed 07-01-2002)
§ 123.23 CONDITIONS, PROHIBITIONS AND RESTRICTIONS
(a) No gambling or game of chance unless otherwise authorized by the Commonwealth of Kentucky shall be
permitted in any form on such licensed premises. Dice, slot machines, or any device of chance is prohibited and
shall not be kept on such premises.
(b) It shall be unlawful for any licensee licensed under this section to have or maintain any radio receiving apparatus
on such premises which is intentionally adjusted so as to receive police messages broadcast from any law
enforcement agency in Hardin County as it is now or may hereafter be operated. In addition to other penalties
provided for the violation of this section, the Chief of Police or the City ABC Administrator shall have the
authority to confiscate any and all such radio receiving apparatus.
(c) The licensee shall be responsible for maintaining security on his premises including providing adequate outside
lighting to permit customers to utilize the parking area and to promote the safety, health and welfare of the
general public utilizing the licensed premise. Security standards are further necessary to discourage unlawful
activity in and around the licensed premises.
(d) It shall be unlawful for the licensee under this section who sells alcoholic beverages of any kind, to give away or
offer to give away anything tangible of value as a premium or prize, or for any other purpose in direct
connection with the sale of alcoholic beverages.
(e) No licensee or agent or employee of the licensee shall permit any person to become drunk or intoxicated on the
premises, nor shall any licensee permit any drunk or intoxicated person to remain on the licensed premises.
(f) The licensee shall not sell or dispense alcoholic beverages to any person who is under 21 years of age.
(g) The licensee shall display at all times in a prominent place a sign at least 8” x 11” in 30 point or larger type
which states as follows:
Persons under the age of twenty-one (21) are subject to a fine of up to One Hundred Dollars ($100.00) if they:
(1) Enter licensed premises to buy, or have served to them, alcoholic beverages.
(2) Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages.
(3) Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.
(h) The licensee, before commencing any business for which a license has been issued, shall post and display at all
times in a conspicuous place in the room or principal room where the business is carried on so that all persons
visiting the place may readily see the license. The licensee shall not at any time post the license on premises
other than the licensed premises or upon premises where traffic in alcoholic beverages is being carried on by any
person other than the licensee, or knowingly deface, destroy or alter the license in any respect.
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(i) The licensee shall post in a prominent place easily seen by patrons a printed sign at least eleven (11) inches by
fourteen (14) inches in size, with letters at least one (1) inch high, supplied by the Alcoholic Beverage Control
Commission, and with gender-neutral language supplied by the Cabinet for Health Services, which shall warn
that drinking alcoholic beverages prior to conception or during pregnancy can cause birth defects. A person who
violates this subsection shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars
($50.00). KRS 243.895
(j) Any off premises signage advertising the sale of alcoholic beverages is prohibited.
(k) No wholesales or distributor shall sell any alcoholic beverages to any person in the City for any consideration
except under the usual credit or cash terms of the wholesaler or distributor at or before the time of purchase.
(l) No licensee shall knowingly employ in connection with his business, in any capacity whatsoever, and person
who:
(1) Has been convicted of any felony, misdemeanor or offense directly or indirectly attributable to the use of
alcoholic beverages, within the last two (2) years;
(2) Is under the age of twenty (20) years who will be serving alcoholic beverages.
(3) Within two (2) years prior to the date of his employment, has had any City license under this section
revoked for cause.
Violations of this subsection shall subject both employer and employee to penalties provided in this section
and shall be cause for revocation of license.
(m) All persons who shall be serving alcoholic beverages shall undergo any training required by the State ABC
Office, the cost of which shall be the responsibility of the licensee.
(n) The licensee shall only distribute alcoholic beverages during times in which the licensee’s kitchen and food
service staff are on duty.
(o) Mandatory Responsible Alcoholic Beverage Service Training:
(1) All persons employed in the selling and serving of alcoholic beverages shall participate in and complete a
City approved responsible beverage service training program. For a responsible beverage service program
to be approved by the City, it must effectively train it participants in the identification of false age
documents and recognition of characteristics of intoxications. The City will require enrollment in the
Server Training in Alcohol Regulations (S.T.A.R.) program offered by the Education Branch of the State
ABC to provide consistency in the training under specific Kentucky law.
(2) All persons required to complete training under paragraph (1) above shall complete that training within
sixty (60) days of the date on which the person first becomes subject to the training requirement or in the
first available approved program following employment if no program is available within sixty (60) days.
All persons completing the training required by this section shall be re-certified in responsible alcoholic
beverage service training from a program approved by the City not less than once every three (3) years
thereafter.
(3) The manager of the restaurant shall be responsible for compliance with the training requirements and shall
maintain for inspection by the City ABC Administrator a record or file on each employee that shall contain
the name, job description, date of employment and proof of certification of each server regulated by this
section. This information shall be available at any reasonable time to any alcoholic beverage control officer
or any police officer.
(Ord. 12-2002, passed 07-01-2002) (Am. Ord. 05-2008, passed 05-19-2008)
City police officers and the City ABC Administrator are authorized to enforce this section for alleged violations.
(Ord. 12-2002, passed 07-01-2002)
§ 123.25 PENALTIES
The following penalties shall be in addition to any criminal prosecution instituted in Hardin District Court against
an alleged violator and fines hereunder shall be payable to the City ABC Administrator.
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The City ABC Administrator may assess a fine of not more than five hundred dollars ($500.00) per violation.
This payment of said fine shall be transmitted to the City Finance Department to be deposited in the appropriate
designated account.
Any person, firm or corporation who violates any of the provision of this section, for which no other penalty is
hereby provided, shall for the first offense, be fined not less than One Hundred Dollars ($100.00) nor more than Two
Hundred Dollars ($200.00) or imprisoned in the county jail for not more than six (6) months, or both, and for the
second and each subsequent violation, he shall be fined not less than Two Hundred Dollars ($200.00) nor more than
Five Hundred Dollars ($500.00) or imprisoned in the county jail for not more than six (6) months, or both. The
penalties provided for in this subsection shall be in addition to the revocation or suspension of the offender’s license.
If the offender is a corporation, joint stock company, association or fiduciary, the principal officer or officers
responsible for the violation may be imprisoned.
(Ord. 12-2002, passed 07-01-2002)
§ 123.26 SEVERABILITY
If a portion of this section is declared null and void, the remaining provisions will remain in full force and effect.
(Ord. 12-2002, passed 07-01-2002)
§ 123.27 EFFECTIVE DATE
Prohibition is lifted for the limited purpose hereinabove effective August 3, 2002.
(Ord. 12-2002, passed 07-01-2002)
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CHAPTER 124: RESCINDED
(ORDINANCE NO. 01-2008)
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CHAPTER 125: REGULATING SMOKING IN PUBLIC PLACES & PLACES OF EMPLOYMENT
Section
125.01
125.02
125.03
125.04
125.05
125.06
125.07
125.08
125.09
125.10
125.11
125.12
125.13
125.14
125.15
125.16
125.17
125.18
125.19
Findings & Intent
Definitions
Application of Ordinance to City-owned and County-owned Facilities
Prohibition of Smoking in Enclosed Public Places
Prohibition of Smoking in Places of Employment
Prohibition of Smoking in Outdoor Arenas and Stadiums
Reasonable Distance
Where Smoking Not Regulated
Declaration of Establishment as Nonsmoking
Posting of Signs
Non-retaliation and Non-waiver of Rights
Enforcement
Violations and Penalties
Code Enforcement Board
Governmental Agency Cooperation
Other Applicable Laws
Construction
Severability
Effective Date
§ 125.01 Findings & Intent.
The Elizabethtown City Council finds that:
Whereas numerous studies have found that tobacco smoke is a major contributor to indoor air pollution.
Breathing secondhand smoke is a cause of disease in healthy nonsmokers. These diseases include heart disease,
stroke, respiratory disease and lung cancer.
Whereas, the U.S. Surgeon General has issued a comprehensive scientific report which concludes that there is no
risk-free level of exposure to secondhand smoke. (Department of Health and Human Services. New Surgeon
General’s Report Focuses on the Effects of Secondhand Smoke. Public Health Service, Centers for Disease Control,
2006.)
Whereas the smoking of tobacco is a form of air pollution, a danger to health and a material public nuisance.
Accordingly, the Elizabethtown City Council adopts the foregoing as justification for this ordinance, the purpose
of which is:
(1)
To protect the public health and welfare by prohibiting smoking in public places and places of
employment; and
(2) To guarantee the right of nonsmokers to breathe smoke-free air; and
(3) To recognize that the public’s need to breathe smoke-free air shall have priority over the individual’s
desire to smoke.
(Ord. No. 24-2006, passed 10-16-06)
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§ 125.02 Definitions.
A. Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either
for profit or not for profit, including retail establishments where good or services are sold; professional corporations
and other entities where legal, medical, dental, engineering, architectural, or other professional services are
delivered; and private clubs.
B.
Employee means a person who is employed by an employer in consideration for direct or indirect
monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.
C. Employer means a person, business, partnership, association, corporation, including a municipal
corporation, trust, or non-profit entity that employs the services of one or more individual persons.
D. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or
windows (exclusive of doorways), which extend from the floor to the ceiling.
E.
Health Care Facility means an office or institution providing care or treatment of diseases, whether
physical, mental, or emotional, or other medical, physiological or psychological conditions, including but not limited
to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the
aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentist,
and all specialist within these professions. This definition shall include all waiting rooms, hallways, private rooms,
semiprivate rooms, and wards within health care facilities.
F.
Places of Employment means an area under the control of public or private employer that employees
normally frequent during the course of employment, including but not limited to, work areas, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is
not a “place of employment” unless it is used as a childcare, adult day care, or health care facility.
G. Private Club means an organization, whether incorporated or not, which is the owner, lessee, or occupant
of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a
recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and
which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are
conducted by a board of directors, executive committee, or similar body chosen by the members at an annual
meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has
been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
H. Public Place means an enclosed area to which the public is invited or in which the public is permitted,
including, but not limited to, banks, bars, educational facilities, health care facilities, hotel and motel lobbies,
Laundromats, polling places, public transportation facilities, reception areas, restaurants, retail food production and
marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and
waiting rooms. A private club is a “public place” when being used for a function to which the general public is
invited. A private residence is not a “public place” unless it is used as childcare, adult day care, or health care
facility.
I.
Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich
stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or
employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving
elsewhere. The term “restaurant” shall include a bar area within the restaurant.
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J.
Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and
accessories and in which the sale of other products is merely incidental.
K. Service Line means an indoor line in which one (1) or more persons are waiting for or receiving service of
any kind, whether or not the service involves the exchange of money.
L.
Shopping Mall means an enclosed public walkway or hall area that serves to connect retail or professional
establishments.
M. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted
tobacco product or any other lighted substance, whether otherwise legally possessed or consumed such as marijuana,
in any manner or in any form.
N. Sports Arena means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools,
roller or ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage
in physical exercise, participate in athletic competition, or witness sports or other events.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.03 Application of Ordinance to City-owned and County-owned Facilities.
Smoking policies concerning facilities owned or operated by the City, County or Commonwealth shall be
governed by regulations adopted in compliance with KRS 61.165.
Pursuant to KRS 61.165 smoking is prohibited in all City-owned facilities and buildings.
(Ord. No. 24-2006, passed 10-16-06, Am. Ord. No. 05-2007, passed 02-20-07)
§ 125.04 Prohibition of Smoking in Enclosed Public Places.
Smoking is prohibited in all enclosed public places as defined in Section 2. H., above, within the City of
Elizabethtown, Kentucky.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.05 Prohibition of Smoking in Places of Employment.
A. Smoking is prohibited in all enclosed facilities within places of employment. This prohibition includes, but
is not limited to common work areas, auditoriums, classrooms, conference and meeting rooms, private offices,
elevators, hallways, medical facilities, cafeterias, employee lounges, stairs and restrooms.
B.
This prohibition on smoking shall be communicated to all existing employees by the effective date of this
Ordinance and to all prospective employees upon their application for employment.
(Ord. NO. 24-2006, passed 10-16-06)
§ 125.06 Prohibition of Smoking in Outdoor Arenas and Stadiums.
Smoking is prohibited in the seating areas of all outdoors arenas, stadiums and amphitheaters.
(Ord. No. 24-2006, passed 10-16-06)
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§ 125.07 Reasonable Distance.
Smoking is prohibited within a reasonable distance of at least fifteen (15) feet from the outside entrance to or
open windows of any enclosed area in which smoking is prohibited by this Ordinance and from the air intake of a
ventilation system serving an enclosed area where smoking is prohibited, in order to insure tobacco smoke does not
enter that enclosed area through entrances, windows, ventilation systems or other means.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.08 Where Smoking Not Regulated.
Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall be exempt from
the provision of Section 4 and 5:
A.
Private residences, except when used as a licensed childcare, adult day care or health care facility.
B.
Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however,
that not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be so designated. All
smoking rooms on the same floor must be contiguous. Smoke from the designated smoking rooms shall not infiltrate
into areas where smoking is prohibited under the provisions of this Ordinance. The status of rooms as smoking or
nonsmoking may not be changed, except to add additional nonsmoking rooms.
C. Retail tobacco stores, provided that smoke from these premises does not infiltrate into areas where smoking
is prohibited under the provisions of this Ordinance.
D. Private clubs that have no employees; provided that when such clubs are being used for functions to which
the general public is invited, the prohibitions set out in Section 4 and 5 shall apply.
E.
Outdoor areas of places of employment, except those covered by the provisions of Section 6 and 7.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.09 Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Ordinance, an owner, operator, manager or other authorized person
in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor
areas as a nonsmoking place regardless of its designation under this ordinance. Within such premises as an authorized
nonsmoking designation has been made and signage conforming to the specifications set out in Section 10. A. is
posted, smoking shall be prohibited as if otherwise prohibited by this Ordinance.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.10 Posting of Signs.
A. “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of
a burning cigarette enclosed in a red circle with a red bar across it: shall be clearly and conspicuously posted in every
public place and place of employment where smoking is prohibited by this Ordinance. The party responsible for the
placement of the signage is the owner, operator, manager or other person in control of the premises.
B.
A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by the
public entering and exiting public places within which smoking is prohibited by this Ordinance. A conspicuous sign
clearly stating that smoking is prohibited shall be posted at each entrance utilized by employees entering and exiting
places of employment within which smoking is prohibited by this Ordinance.
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C. All ashtrays shall be removed from any area within which this Ordinance or the owner, operator, manager,
or other person having control of the area prohibits smoking, except for ashtrays displayed for sale and not for use on
the premises.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.11 Non-retaliation and Non-waiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee,
applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded
by this Ordinance or reports or attempts to prosecute a violation of this Ordinance.
B.
An employee who continues to work in a setting where an employer allows smoking in violation of this
Ordinance does not waive or otherwise surrender any legal rights the employee may have against the employer or any
other party.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.12 Enforcement.
A. The City’s Code Enforcement Officer, the City Police, the Fire Department and all other City officials and
employees designated by the Mayor or City Council shall enforce this Ordinance.
B.
Notice of the provisions of this Ordinance shall be given to all applicants for a business license in the City
of Elizabethtown.
C. Any citizen who desires to register a complaint under this Ordinance may initiate enforcement with any of
the authorized person listed above.
D. The Health Department, Fire Department, or their designees shall, while in an establishment performing
otherwise legal inspections shall inspect for compliance with this Ordinance.
E.
Owners, managers, operators, or employees of establishments regulated by this Ordinance shall inform
persons seen violating this Ordinance of the requirements of this Ordinance. In the event an owner, manager,
operator or employee of an establishment regulated by this Ordinance observes a person or persons violating this
Ordinance, he or she shall immediately direct the person or persons in violation to extinguish the item being smoked.
1.
In the event the person [or persons] violating this Ordinance complies with this directive, no violation shall
exist for the owner, manager, operator or employee witnessing the violation. In the event an owner, manager,
operator or employee of an establishment regulated by this Ordinance observes a person or person violating this
Ordinance and fails to immediately direct the person [or persons] in violation to extinguish the items being
smoked, the owner, manager, operator or employee failing to take appropriate steps required by this Ordinance
shall be in violation of this Ordinance.
2.
In the event the person [or persons] violating this Ordinance fails or refuses to comply with this directive,
the owner, manager, operator or employee directing the person [or persons] violating this Ordinance shall take
immediate and reasonable steps to obtain the removal of the person [or persons] from the premises.
As an example of the reasonableness required, if there is a person violating the ordinance who, the owner,
manager, operator or employee of an establishment regulating by this Ordinance is required to removed from the
premises, but the person is intoxicated or otherwise reasonably believed to be unable to safely drive or conduct
himself or herself if required to leave those premises, in this event the owner, manager, operator or employee
may reasonably determine to allow the person violating this ordinance to remain on the premises until
appropriate arrangements may be made for the person’s removal.
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In the event the person [or persons] violating this Ordinance is timely removed from the premises; no violation
shall exist for any owner, manager, operator or employee related to the establishment in which these events
occurred. In no event is an owner or agent of the premises to forcibly remove the person violating the
Ordinance. Compliance is achieved under this subsection if the owner or agent of the premises orders the person
violating the Ordinance to leave its premises and promptly notifies the police if the person refuses.
3.
In the event the person [or persons] violating this Ordinance fails or refuses to comply with this directive
and the owner, manager, operator or employee who observed the violation or if a different person who directed
the person [or persons] in violation to leave the premises, fails to take immediate and reasonable steps to obtain
the removal of the person [or persons] from the premises, the owner, manager, operator or employee failing to
take appropriate steps required by this Ordinance shall be in violations of this Ordinance.
4.
In all events, the establishment in which a violation occurs shall be in violation of this Ordinance for each
violation that occurs on its premises and in connection with which the owner, manager, operator or employee fail
to take appropriate steps required by this Ordinance.
5.
An employee who observes a person [or persons] violating this Ordinance may immediately notify his or
her owner, manager or supervisor of the violation in satisfaction of the employee’s responsibility under this
Ordinance. The failure of the satisfaction of the employee’s responsibility under this Ordinance. The failure of
the employee’s owner, manager or supervisor to take appropriate steps required by this Ordinance in response to
the employee’s notice shall not constitute a violation on the part of the employee.
6.
In the event all duties required under this Section are satisfied yet the person violating this Ordinance
persists in his or her violation and/or refuses to vacate the premises on which the violation occurred, the owner,
manager, supervisor and/or employee shall immediately contact one or more of the agencies or departments
authorized above to enforce this Ordinance informing the agency or department of the circumstances of the
violation.
7.
The mere presence of a person smoking within premises of an establishment governed by this Ordinance
does not constitute a violation on the part of the establishment. The establishment and its agents shall only be
charged for a violation of this Ordinance if the responsible agent[s] of the establishment fail to timely satisfy each
responsibility prescribed for them in this Section.
F.
Notwithstanding any other provision of this Ordinance, the City, the Hardin County Health Department, an
employee, or any person aggrieved by a failure to comply with this Ordinance, whether by commission or omission,
including violations on the part of an owner, operator, manager, employee, or other person[s] in control of a public
place or a place of employment covered by this Ordinance may bring legal action to enforce this Ordinance, either by
civil action seeking injunctive relief or by criminal complaint in a court of competent jurisdiction.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.13 Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be
guilty of a violation, punishable by a fine not exceeding fifty dollars ($50.00).
B.
A person who owns, manages, operates, or otherwise controls a public place or places of employment and
who fails to comply with the provisions of this Ordinance shall be guilty of a violation, punishable by:
1.
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2.
A fine not exceeding one hundred dollars ($100.00) for the second violation within one (1) year.
3.
A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one (1) year.
C. In addition to the fines established by this Section, violations of this Ordinance by a person who owns,
manages, operates, or otherwise controls a public place or place of employment may result in the suspension or
revocation of any permit or license issued to the person for the premises on which the violation occurred.
D. Violation of this Ordinance is declared to be a public nuisance, which may be abated by the City or its
designated agents by restraining order, preliminary and permanent injunction, or other means provided for by law.
The City may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
E.
Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct
violation.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.14 Code Enforcement Board.
Any person or entity cited under this Ordinance may appeal said citation and request a hearing before the Code
Enforcement Board. The process for said appeal shall be governed by Section 34 of the Elizabethtown Code of
Ordinances.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.15 Governmental Agency Cooperation.
The City requests the Hardin County Health Department for its assistance in the effective implementation of this
Ordinance.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.16 Other Applicable Laws.
This Ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted by other
applicable laws.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.17 Construction.
This Ordinance shall be construed so as to further its stated purposes.
(Ord. No. 24-2006, passed 10-16-06)
In any provision, clause, sentence, or paragraph of this Ordinance or its application to any person or factual
context shall be held invalid, that invalidity shall not affect the remaining provisions of this Ordinance, which may be
given effect independent of the provision or application declared invalid.
(Ord. No. 24-2006, passed 10-16-06)
§ 125.19 Effective Date.
This Ordinance shall be effective the 1st day of December, 2006.
(Ord. No. 24-2006, passed 10-16-06)
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CHAPTER 126: ESTABLISHMENT OF RESTAURANT TAX
Section
126.01
126.02
126.03
126.04
126.05
126.06
126.07
126.08
126.09
126.10
126.11
126.12
126.13
Definitions
Restaurant Tax
Reporting Procedures to City Council
Reporting Procedures for Restaurants
Transfer of Funds to Elizabethtown Tourism & Convention Bureau
Collection and Enforcement
Interest and Penalties
Information Deemed Confidential: Penalty for Disclosure: Exceptions
Duties, Director of Finance
Procedure for Applying for Refund or Overpayment
Failure to File Return; Failure to Pay the Restaurant Tax Withheld; Underpayment of amount due
Severability
Other Ordinances Not Repealed
Restaurant: As used in this chapter, restaurant means any fixed or mobile commercial establishment that
engages in the preparation and serving of ready-to-eat foods in portions to the consumer, including, but not limited
to: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, grilles, tea rooms, sandwich shops, soda
fountains, roadside stands, street vendor, catering kitchens, delicatessen, or similar places in which food is prepared
for sale for consumption of the premises or elsewhere. It does not include school cafeterias which are operated by the
school system and not an independent corporation, food vending machines, establishments serving beverage only in
single service or original containers. Temporary food stand, operated by non-profit organizations are exempt from
this tax. Hospital cafeterias owned by a governmental entity and not an independent corporation are exempt from this
tax. Cafeterias that are located inside industrial factories in which services are limited to employees only are exempt
from this tax.
Commission: The Elizabethtown Tourism and Convention Bureau.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.02 Restaurant Tax.
On and after October 1, 2007, there is hereby levied upon the retail sale of all food and beverages by a restaurant
located within the municipal limits of the City of Elizabethtown a tax equal to two percent (2%) of the gross amount
of each sale (excluding any other tax). This tax may or may not be passed on to the ultimate customer/consumer at
the discretion of the restaurant.
(Ord. No. 22-2007, passed 04-23-07; Am. Ord. No. 23-2007, passed 05-21-07
§ 126.03 Reporting Procedures to City Council.
A. The funds collected from this tax shall be maintained by the City Director of Finance in a special fund and
disbursed to the Commission monthly. All such money shall be used solely for the purpose of promoting
recreational, convention and tourist activity in the City of Elizabethtown, as set out in KRS Section 91A.390, and
shall not be used to provide a subsidy in any form to any motel, hotel or restaurant.
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B. The Commission must obtain approval from the City Council of the City of Elizabethtown prior to using any
revenues from the restaurant tax for the purposed of capital improvements including the purchase or acquisition
of land. In the event that an approved capital project must be debt serviced by bonds or bonded by either the
City of Elizabethtown or the city’s Elizabethtown Public Properties Holding Company LLC, the Commission
will pledge amounts agreed upon by the Commission and City Council necessary to satisfy principal and interest
payments of the bond issue.
(Ord. No. 16-2009, passed 09-08-09)
C. The Commission is strongly encouraged to obtain approval from the City Council of Elizabethtown for any
projects that are estimated at a cost of $10,000 or more. In obtaining the approval, the Commission must provide
the City Council a complete copy of any and all plans, data, research, appraisals, blueprints, etc. regarding the
project.
D. The Commission will continue to tender its annual budget to the City Council for approval as required by KRS
91A.390.
E. The Commission shall provide a monthly written report to the City Council which includes all income,
expenditures, disbursements, and request pertaining to restaurant tax funds.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.04 Reporting Procedures for Restaurants.
On or before the twentieth (20th) day of each calendar month, each restaurant owner and/or operator shall report
to the City Director of Finance on forms provided by the City of Elizabethtown the gross amount of sales of the
restaurant from food and beverages for the preceding calendar month, and calculation of the tax due for that month
by computing two percent (2%) of its gross sales from food and beverages. The owner/operator of the restaurant
shall remit with the form the tax due to the City Director of Finance.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.05 Transfer of funds to Elizabethtown Tourism & Convention Bureau.
On or before the last day of each calendar month, the City Director of Finance shall transfer to the Elizabethtown
Tourism and Convention Bureau the gross of monies collected from the restaurant tax collected as of the 25th of the
current month. The Elizabethtown Tourism and Convention Bureau shall reimburse the City of Elizabethtown five
percent (5%) of the tax collected as reimbursement for the costs of collections, including but not limited to the cost of
reporting forms, postage, court cost, attorney’s fees and all other expenses incurred in collection of this tax by the
fifth (5th) day following the monthly transfer of funds.
(Ord. No. 22-2007, passed 04-23-07) (Am. Ord. No. 16-2009, passed 09-08-09)
§ 126.06 Collection and Enforcement.
A. It shall be the duty of the City Director of Finance to collect and receive the restaurant tax imposed by this
Ordinance.
B. The City Director of Finance shall keep records showing the amount paid by each restaurant owner and/or
operator and the date of such receipt.
C. The City Director of Finance is hereby charged with the enforcement of provisions of this Ordinance, and is
hereby empowered to prescribe, adopt and promulgate, and enforce rules and regulations relating to any matter
pertaining to the administration and enforcement of the provisions of the ordinance, including but not limited to
provisions of the reexamination and correction of returns to which and underpayment or overpayment is claimed
or found to have been made, and the rules and regulations as promulgated by him shall be binding upon the
taxpayer. Provided, however, all such rules, regulations and decisions shall be subject to the consent and
approval of the Mayor and City Council.
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D. The City Director of Finance, or any agent or employee designated by him or her in writing, may examine the
books, papers, and records of any restaurant in order to determine the accuracy of any return made, or if no
return was made, to ascertain the amount of restaurant tax imposed by the terms of this ordinance as he or she
may deem is reasonably necessary for the purpose incident to the performance of his or her duties hereunder.
The City Director of Finance may enforce this right by application to the appropriate court having jurisdiction
over these matters.
E. The City Director of Finance may dispense with examination of the books, papers, and records of any taxpayer
in any case where the City Director of Finance is furnished with a certificate of a qualified Certified Public
Accountant, or the sworn statement of any other reputable accountant or bookkeeper stating that the amount of
restaurant tax reported conforms to the State or Federal Income Tax Return filed for the applicable period.
F. A restaurant owner and/or operator who collects the restaurant tax from one (1) or more persons and who fails to
file a return and make payments therewith shall in addition to the penalties prescribed herein upon conviction be
subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or
imprisonment for not more than thirty (30) days, or both such fine and imprisonment, for each offense. Such
criminal penalties shall be in addition to the penalties imposed within this Ordinance.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.07 Interest and Penalties.
A. Any person who fails to file any return required within the afore stated time due to who fails to pay such
restaurant tax when same shall become due, shall be charged a penalty of Five Percent (5%) of the amount of the
unpaid restaurant tax for each month such return remains un-filed or tax unpaid, not exceeding a penalty of
Twenty-Five Percent (25%) in the aggregate.
B. All restaurant taxes imposed by this Ordinance which remain unpaid after they become due shall bear interest at
the rate of one-half of one percent (.5%) per month (or part thereof).
C. Any person who shall fail, neglect or refuse to make any return or pay any tax due required by this Ordinance,
or to pay the city those so withheld under the terms of this Ordinance, or any person who shall refuse to permit
the City Director of Finance or any agent or employee designated by him in writing, to examine books, records,
and papers pertaining to information required under this Ordinance, or who shall knowingly make any
incomplete, false, or fraudulent return, or who shall attempt to do anything whatsoever to avoid the full
disclosure of the amount of gross receipts in order to avoid the payment of the whole or any part of the restaurant
license tax, shall become liable to the city for such tax as well as the interest and penalty thereon, and shall in
addition, be subject to a fine of not less than FIFTY DOLLARS ($50.00) or more than FIVE HUNDRED
DOLLARS ($500.00) or imprisonment for not less than thirty (30) days, each day of non filing constituting a
separate offense. Such criminal penalties shall be in addition to the penalties imposed above.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.08 Information Deemed Confidential; Penalty for Disclosure: Exceptions.
Any information, including returns, documents, or payments made pursuant hereto and any other information
gained by the City Director of Finance or any other official, agent, or employee of the City of Elizabethtown as a
result of any return, investigation, hearing or verification required or authorized by the ordinance shall be
confidential; except, in accordance with proper judicial order, and any person or agent divulging such information
shall, upon conviction, be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00) or imprisonment not to exceed Thirty (30) days, or both, at the discretion of the court, and upon
conviction shall be dismissed from employment by the City. Provided, however, such person may disclose to the
Commissioner of the Revenue Cabinet of the state or his or her duly authorized agent, or the other Commissioner of
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Internal Revenue Service, or his or her duly authorized agent, all such information and extend the right to inspect any
of the books and records of the City to said Commissioner of the Revenue Cabinet of the state and/or to said
Commissioner of the Internal Revenue Service who must grant to the City the reciprocal right to obtain information
from the files and records of the Internal Revenue Service and maintains the privileged character of the information
so furnished to them.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.09 The City Director of Finance, or any agent or employee designated by him or her in writing, shall
have the following duties in connection with the restaurant tax.
A. Keep accurate records of all returns and of all sums received for restaurant taxes. Such records shall contain the
names and addresses of each taxpayer, and the dates and amounts of payments. He or she shall keep the original
returns on file for a period of not less than three (3) years after filing.
B. Enforce the provisions of this Ordinance, all in accordance with any policies set forth in any ordinance,
municipal order, or executive order.
C. Prepare forms and instructions for the returns and payments required by this Ordinance. All instructions shall be
clear and shall be as short as possible.
D. Examine returns. And for any returns appearing to be correct, made inquiries, investigations, and adjustments in
the amount of tax due.
E. Where necessary to determine accurate figures for determining the amount of tax due, examine books, records,
and information stored in computers of any taxpayer, provided that each city officer or employee acting under
this ordinance shall identify himself or herself and request the information desired. If the officer or employee is
refused admission to any place of business or refused access to any records or computer memory, the City
Director of Finance or employee shall leave the premises and shall seek an appropriate court order, with the
assistance of the city attorney, to obtain access to the information needed.
F. The City Director of Finance shall approve the form of all returns and written instructions prior to use by an
agent or employee designated by him or her in writing.
G. The City Director of Finance may prepare pamphlets for distribution to the public, clearly explaining the
restaurant tax, returns, and payments required.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.10 Procedures for Applying for Refund of Overpayment.
A. Any taxpayer (pursuant to this Ordinance) who truly believes that he has made or permitted an overpayment of
his or her liability for any restaurant tax required by this Ordinance may apply for refund of said overpayment
provided that he or she files an amended return, verified under oath and setting forth in detail the full explanation
of the reason of the said claimed overpayment of his or her liability, within one (1) year of the date of said
overpayment is made or the date he or she said restaurant tax payment was due, whichever occurs first.
B. If a refund has been properly claimed according to the provisions of paragraph A above, then the City Director
of Finance shall have the authority to honor and refund any such overpayment actually made above actual
liability upon the restaurant tax required under this Ordinance which he or she determines within his or her sole
discretion was made through honest mistake or inadvertence.
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C. In no event shall any refund be made for any payment upon any restaurant tax unless the refund claim is
submitted and filed in strict compliance with the foregoing provisions of this section upon such refund claim
forms or amended return forms as hereafter shall be promulgated by the City Director of Finance from time to
time.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.11 Failure to File Return, Failure to Pay the Restaurant Tax Withheld, Underpayment of Amount Due.
A. If the taxpayer liable for collecting the restaurant tax and filing a return fails to make a return, the City Director
of Finance shall prepare an estimate of the amount of restaurant taxes due based on the best information available
to them. The City Director of Finance may make investigations to assist in making the estimate. He or she may
consider the volume of business done in the same type of business, and any other relevant maters. When the City
Director of Finance estimates the restaurant taxes, the amount of interest and late charges provided by this
Ordinance shall be added to the taxes due. He or she shall notify the taxpayer of the amount due. Such
notification shall be in writing and shall contain a brief description of the method and estimated figures used in
arriving at the estimated tax. Any taxpayer may dispute the amount of the estimated tax by filing within thirty
(30) days of notification of the estimated taxes a return accompanied by payment of the entire balance due
together with the interest and late charges due. Such return shall be processed like any late return, and shall
establish the restaurant tax liability of the taxpayer in place of the estimated amount prepared by the City
Director of Finance. However, the City Director of Finance may later determine that the amount shown in the
return is insufficient so there is a deficiency, in the same manner as in the case of other returns.
B. If the City Director of Finance determines, by examining available evidence, that the amount of restaurant taxes
paid over by the taxpayer is less than the amount required by this Ordinance, he or she shall notify the taxpayer
of the deficiency. The City Director of Finance may use any of the methods authorized in paragraph A of the
section to determine whether a deficiency exists and to determine the amount of such deficiency. He or she shall
thereupon notify the taxpayer of the deficiency. Such notice shall be in writing and shall state not only the
amount of the deficiency but also the methods and estimates used in arriving at the amount of the deficiency. If
the taxpayer does not object in writing within thirty (30) days of the date of receiving such notice, the taxpayer
shall be deemed to have accepted the revised figures for the restaurant tax liability. If the taxpayer does file
written objection within the time specified, the taxpayer shall pay the fees, together with penalties and interest,
under protest and may thereupon pursue administrative and judicial remedies as provided by this Ordinance and
by state law to seek a refund.
C. If the City Director of Finance finds that any taxpayer has overpaid, he or she shall notify them of overpayment
and shall refund the amount of the overpayment to them.
D. When the City Director of Finance notifies any taxpayer of any estimated amount due, alleged overpayment, or
refund, he or she shall include in the notice clear instructions on how, when, and where the taxpayer may protect
or appeal the decision.
E. If any taxpayer or any person, firm, association, or corporation required by this ordinance to pay a restaurant tax
or to file a return shall fail to file any return for any month, such failure to file shall constitute a continuing
offense against the city and the City Director of Finance may proceed to estimate and collect the restaurant taxes
at any time. In all other cases, no increases shall be made in the taxpayer’s restaurant tax liability unless the first
notice of such increase is received by the taxpayer within three (3) years of the time the return was first due.
(Ord. No. 22-2007, passed 04-23-07)
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The provisions of this Ordinance are severable. If any sentence, clause, section, or part of this Ordinance or the
application thereof to any particular case is for any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionally, illegality, or invalidity shall not affect or repeal any of the remaining provisions, sentences,
clauses or sections or parts of this Ordinance, it being the legislative intent of the City Council of Elizabethtown to
ordain and enact each provision, section, paragraph, sentence and part thereof, separately and independently of each
other.
(Ord. No. 22-2007, passed 04-23-07)
§ 126.13 Other Ordinances Not Repealed.
Nothing contained herein shall be deemed to repeal or modify any other ordinance heretofore enacted and in
force in the City of Elizabethtown unless specifically repealed by separate ordinance.
(Ord. No. 22-2007, passed 04-23-07)
2008-S-1
TITLE XIII: GENERAL OFFENSES
Chapter
130. OFFENSES AGAINST MUNICIPAL REGULATIONS
131. PROHIBITING THE WEARING OF HOODS AND MASKS
132. REGULATING THE USE OF FIRE AND/OR POLICE ALARMS
133. REQUIREMENTS FOR PUBLIC DISPLAY, SALE, POSSESSION,
TRANSPORTATION AND USE OF FIREWORKS & PYROTECHNIC
ARTICLES
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Elizabethtown - General Offenses
CHAPTER 130: OFFENSES AGAINST MUNICIPAL REGULATIONS
Section
130.01
130.02
130.03
Curfew
Air or spring guns
Flourishing; firing deadly weapon
§ 130.01 CURFEW.
(A) Curfew for minors.
(1) It is a curfew violation for a child 13, 14, 15, 16, or 17 years of age to be in a public place:
(a)
After l:00 a.m. and before 5:00 a.m. on Saturday or Sunday;
(b)
After midnight on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(c)
Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(2) It is a curfew violation for a child under 13 years of age to be in a public place after 10:00 p.m. or
before 5:00 a.m. on any day.
(B) Exemptions. This section does not apply to a child who is:
(1) Accompanied by his/her parent, guardian, or custodian;
(2) Accompanied by an adult specified by his/her parent, guardian, or custodian;
(3) Carrying out an errand or other lawful activity as directed by his/her parent, guardian, or custodian; or
(4) Participating in, going to, or returning from:
(a)
Lawful employment; or
(b)
A lawful athletic, educational, entertainment, religious, or social event.
(C) Authority of police during curfew hours.
(1) Any police officer may stop and question any minor suspected of violating this section's provisions and
may take the minor into custody when found violating provisions of this section. The officer shall take the minor to
the city police headquarters where the name of the minor's parent, guardian, or person having legal custody of
him/her shall be ascertained.
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(2) The parent, guardian, or person having legal custody shall be notified of the child's detention as
required by KRS 610.200 and summoned by the investigating officer to appear at police headquarters to assist in the
completion of the investigation. If the parent, guardian, or person having legal custody fails to appear within two
hours from the time the child was taken into custody, the investigating officer shall follow the requirements set forth
in KRS Chapter 610 and other applicable provisions of the State Unified Juvenile Code, regarding detention or
release of the child.
(3) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping
the child in secure custody, the officer shall release the child to the custody of his/her parent, guardian, person
having legal custody, or other responsible adult.
(4) If the investigating or apprehending officer is satisfied that a violation of division (A) of this section
has occurred, he/she shall cause formal charges to be filed requiring the child and his/her parent, guardian, or person
having legal custody to appear in the appropriate court to answer the charge of a violation of division (A).
(5) If formal charges are to be brought, before a child is released to the custody of a parent, guardian,
person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed
by such person that the person will bring the child to the court at the stated time or at such time as the court may
order. The written promise, along with the written report of the investigating officer, shall be submitted to the court
as required by KRS 610.200.
(D) Any child violating division (A) of this section shall be subject to the procedures and penalties provided for
by the State Unified Juvenile Code. Any parent, guardian, or person having legal custody of a child who violates any
provision of division (A) of this section may be subject to the financial penalty provided for in KRS 610.180.
§ 130.02 AIR OR SPRING GUNS.
It shall be unlawful for any person to discharge within the city any “BB” gun, air rifle or other weapon having
as its propelling force a compressed air, gas or spring mechanism.
§ 130.03 FLOURISHING; FIRING DEADLY WEAPON.
(A) It shall be unlawful for any person or group of persons to:
(1) Flourish a deadly weapon or firearm within the city limits.
(2) Discharge or fire any firearm or deadly weapon within the city limits except at a facility designed for
the discharge of such weapons specifically approved by the city, and operated under standard operating procedures.
(B) For the purpose of this section, FIREARM shall mean any weapon which will expel a projectile by the
action of an explosive.
('73 Code, § 15-6.1) (Ord., passed 11-6-78) Penalty, see § 10.99
1995 S-1
CHAPTER 131: PROHIBITING THE WEARING OF HOODS AND MASK IN PUBLIC PLACES
Section
133.01
133.02
133.03
133.04
133.05
Definitions
Wearing Hoods or Masks in a Public Place
Exemptions
Penalties
§ 131.01 PURPOSE AND FINDINGS.
The government of the City of Elizabethtown exists to serve equally all of its citizens and to protect all of its
citizens from crimes and inciteful disturbances. (Ordinance No. 10-2001, passed April 16, 2001)
PUBLIC PLACES All walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or
thoroughfares dedicated to public use or owned or maintained by public authority; all grounds and buildings owned,
leased or operated for the use of organizations enjoying all tax-exempt privileges as a charitable use. (Ordinance No.
10-2001, passed April 16, 2001)
§ 131.03 WEARING HOODS OR MASKS IN A PUBLIC PLACE
No group of three or more persons shall, while wearing any hood, mask or device whereby a substantial portion
of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place
within the City of Elizabethtown. (Ordinance No. 10-2001, passed April 16, 2001)
§ 131.04 EXEMPTIONS
The following are exempted from the provision of Section 2 of this Ordinance:
(a.) Any person under sixteen years of age;
(b.) Any person using masks in theatrical productions including use in Mardi Gras celebrations and masquerade
balls;
(c.) Any person lawfully engaged in trades or employment or in a sporting activity where a mask or facial
covering is worn for the purpose of ensuring the physical safety and physical protection of the wearer, or
because of the nature of the occupation, trade or professional or sporting activity; and
(d.) Any person wearing a gas mask in drills, exercises or emergencies. (Ordinance No. 10-2001, passed April
16, 2001)
§ 131.05 PENALTIES
Any person who violates Section 131.03 of the Ordinance shall be guilty of a misdemeanor, and shall be fined
no more than One Hundred Dollars ($100.00) and/or imprisoned for no longer than fifty (50) days. (Ordinance No.
10-2001, passed April 16, 2001)
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CHAPTER 132: REGULATING THE USE OF FIRE AND/OR POLICE ALARMS
Section
132.01
132.02
132.03
132.04
Definitions
Unlawful false alarms; notice and duty to inspect, repair and initiate training after five preventable
false alarms
Fines/Civil Penalties
Severability Clause
FALSE ALARMS The activation of any mechanical, burglary, robbery, security or fire alarm system for the
purpose of summoning police and/or fire personnel, or which causes one or more police or fire personnel to be
dispatched or summoned to a particular location within the City, when, in fact, no crime, fire, or other emergency
has, or is being attempted or committed, on the premises.
PREVENTABLE FALSE ALARM The careless activation of any police security or fire alarm by any
individual, or activation of any police security or fire alarm system proximately caused by the failure of the owner,
lessee,, operator, or occupant, or their contractor or agent, to properly design, install or reasonably maintain the
security or alarm system in a safe operating condition. Police security or fire alarms shall not be deemed a
“preventable false alarm” in violation of this article if it is determined by the Chief of Police, Chief of the Fire
Department, or their designee, that the alarm was caused by:
1. A act of vandalism causing physical damage to the premises;
2. Alarms occurring during electrical storms, tornadoes, blizzards, or other acts of God where there is
evidence of damage or disruption to the alarm system;
3. Electrical power or telephone circuit disruption beyond the control of the alarm company and/or user; or
4. Any and all other acts or omission by persons, or events beyond the reasonable control of the owner,
lessee, operator or occupant of the premises and the security alarm system
(Ord. 13-2002, passed 08-05-2002)
§ 132.02 UNLAWFUL FALSE ALARMS; NOTICE AND DUTY TO INSPECT; REPAIR AND INITIATE
TRAINING AFTER FIVE PREVENTABLE FALSE ALARMS
A. Prohibition; Preventable False Alarms. It shall be unlawful for any person to activate, initiate, transmit or
otherwise cause, authorize or allow more than five (5) “preventable false alarms” at the same location within a
six (6) month period.
B. Notice and Corrective Action Requirement.
1. If the police or fire department, through their respective designees, have probable cause to believe that five
(5) preventable false alarms have occurred at the same location within a six (6) month period, the chief of
the respective department, or his designee, shall within forty-eight (48) hours of having established
probable cause, notify the property owner or other entity, user or person in charge of the alarm system, in
writing (by delivering said notice in person or by certified mail, return receipt requested), of the nature
and number of preventable false alarms that have occurred to date, including a brief description of the date
and circumstances of each preventable false alarm, and shall further advise the property owner, entity,
user, or person in control of the alarm system, that any additional preventable false alarms after this period
of correction provided in (B)(2) shall constitute a violation of this article for which the offender may be
subject to prosecution or civil penalty. Therefore, a compliance status with zero (0) preventable alarms
shall be maintained for at least six (6) months to avoid additional penalty.
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2.
Duty to inspect and repair. Upon written notification from the police or fire department, through their
respective designee, of the occurrence of five (5) preventable false alarms within a six (6) month period,
the property owner, entity, user or person in control of the police or fire security alarm system in
question, shall have the alarm system inspected by a representative of the manufacturer of the alarm
system or a qualified and reputable representative of a fire and security alarm system dealer, to determine
if the false alarms are the result of mechanical failure, malfunction, improper design, installation, lack of
proper maintenance or human error due to carelessness or lack of training. The inspection report shall
note any and all deficiencies believed to exist in the professional opinion of the qualified inspector, and
what repairs or other corrective action the inspector believes is required to render the alarm system safe,
operational and functional in relation to the type of property or business it was designed and intended to
secure. It shall be the responsibility of the property owner, entity, user or other person in control of the
alarm system to make the necessary repairs and/or take any and all other remedial measures reasonably
identified and required by the qualified inspector, and to submit a copy of the inspection report along with
written proof of the repairs and/or remedial action taken to correct any malfunctions or deficiencies
identified in the alarm system to the police or fire department from whom the original notice was received,
within fourteen (14) days of receipt of the formal notification required in subsection (B)(1) hereinabove.
3. Duty to train and provide orientation to employees and occupants. Upon written notification from the
police or fire department, through their respective designee, of the occurrence of five (5) preventable false
alarms within a six (6) month period, the property owner, entity, user or person in control of the police or
fire security alarm system in question, shall provide system operation instruction to all system operators or
potential authorized users of the premises, and shall provide written documentation of the training to the
police or fire department from whom the original notice was received, within fourteen (14) days of receipt
of the formal notification required in subsection (B)(1) hereinabove.
C. A false alarm shall not be deemed a “preventable false alarm” under the prohibition in subsection (A) of this
section if it occurs at a location for which the property owner, entity, user or person in control of the alarm
system has been formally notified to inspect and repair any malfunctions or deficiencies in accordance with
subsection (B)(1) and (2) as set forth hereinabove; provided, that the false alarm occurs within the time period
prescribed for the alarm system to be inspected and repaired, if necessary.
(Ord. 13-2002, passed 08-05-2002)
§ 132.03 FINES/CIVIL PENALTIES
Any person found to be in violation of any section of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof for each offense, shall be punished by a fine not to exceed five hundred dollars ($500.00). As an
alternative to, or in conjunction with, the penalties set forth herein, any person found to be in violation of this article
may also be assessed a civil penalty not to exceed five hundred ($500.00), payable to the City of Elizabethtown
within twenty (20) days of the issuance of the citation. Civil penalties not paid within the time prescribed herein may
be recovered by the City in a civil action, in the same manner provided for the collection of a civil debt.
(Ord. 13-2002, passed 08-05-2002) (Am. Ord. 03-2005, passed 02-21-2005)
The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement
Board enacted on the 30th day of April, 2003, by Ordinance No. 09-2003.
(Ord. 19-2003, passed 06-23-2003)
§ 132.04 SEVERABILITY CLAUSE
If any portion of this Ordinance is declared null and void, the remaining provisions will remain in full force and
effect.
(Ord. 13-2002, passed 08-05-2002)
2005-S-2
CHAPTER 133. REQUIREMENTS FOR PUBLIC DISPLAY, SALE, POSSESSION,
TRANSPORTATION AND USE OF FIREWORKS AND PYROTECHNIC ARTICLES
Section
133.01
133.02
133.03
133.04
133.05
133.06
133.07
133.08
133.09
133.10
Sale of Fireworks
Age Restrictions – Purchasing, Possession, Transport
Age Restrictions – Selling, Handling
Sales Restricted to Retail Only
Public Fireworks Display
Training
Contraband (KRS 227.750)
State Law Affirmed
Penalties
Severability
§ 133.01 SALE OF FIREWORKS.
No fireworks shall be offered for sale within the city limits of Elizabethtown unless they comply with the
definition of “consumer fireworks” as defined by the Consumer Product Safety Commission (Title 16 CFR Parts
1500 and 1507) and the Bureau of Alcohol, Tobacco and Firearms (Title 27 CFR Part 555.11). However, no
consumer fireworks shall be offered for sale unless they comply with provisions of KRS Chapter 227.
§ 133.02 AGE RESTRICTION – PURCHASE, POSSESSION, TRANSPORT.
No person under the age of 16 shall purchase, possess, use or transport consumer fireworks (as defined in
Section 133.01 except in the presence of a responsible adult.
(Ord. No. 10-2008, passed 06-16-08)
§ 133.03 AGE RESTRICTION – SELLING, HANDLING.
No person under the age of 18 shall sell or otherwise handle fireworks for sale or transport. No person under
the age of 18 shall visit and remain in a fireworks stand or storage facility as a family member or friend of an
employee.
(Ord. No. 10-2008, passed 06-16-08)
§ 133.04 SALES RESTRICTED TO RETAIL ONLY.
No person shall offer fireworks at wholesale, or as a dealer, or jobber, with the city limits of Elizabethtown,
except as provided for in KRS Chapter 227.
In addition to any permit or registration fee required by the State of Kentucky, the City of Elizabethtown will
require a $100.00 permit fee for the issuance of certificate of occupancy to any temporary consumer fireworks retail
sales facility as defined in NFPA 1124 (Chapter 3.329.1, 2006 edition).
(Ord. No. 10-2008, passed 06-16-08) (Am Ord. No. 04-2010, passed 06-07-10)
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§ 133.05 PUBLIC FIREWORKS DISPLAY.
No person shall conduct a “public fireworks display” without obtaining the requisite permit from the Sate Fire
Marshal’s Office in accordance with KRS Chapter 227. Public fireworks display shall be defined as any display of
fireworks at a public area or as any display of “consumer” or “display” fireworks at a private location if the
fireworks are other than those approved by section 133.01 of this section. The request for signature by the local Fire
Chief shall be accompanied by a $100.00 permit fee, and a permit shall only be issued if the conditions of KRS
227.710, KRS 227.720 and NFPA 1123 (most current edition) have been met in total.
§ 133.06 TRAINING.
Only persons “certified” through attendance at a locally recognized training program, or other program
acceptable to the city Fire Marshall, will be designated a “competent operator” and thus allowed to supervise a
public fireworks display. All display assistants shall be trained in the duties they are to perform, be under the direct
supervision of the competent operator, and be at least 18 years old. Renewal of certification shall be automatic upon
proof of actively participating in at least three (3) outdoor fireworks displays during the previous four (4) years.
§ 133.07 CONTRABAND (KRS 227.750).
Any law enforcement officer, or designated Elizabethtown Fire Department officer, shall be legally authorized
to confiscate fireworks defined in state law as “contraband” (KRS 227.750).
(Ord. No. 10-2008, passed 06-16-08)
§ 133.08 STATE LAW AFFIRMED.
All provisions of Kentucky State Law regarding the sale and use of fireworks shall continue in force and effect
except as modified through enactment of this section.
(Ord. No. 10-2008, passed 06-16-08)
§ 133.09 PENALTIES.
Any person violating this section may be cited for a civil offense pursuant to the Code Enforcement Board
injunction or abatement order to insure compliance with this section.
The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement Board
(Ord. #09-2003).
(Ord. No. 10-2008, passed 06-16-08)
If any section, paragraph, clause or provision of this section shall be held invalid or ineffective for any reason,
the remainder hereof shall continue in full force and effect, it being expressly hereby found and declared that the
remainder of this section would have been adopted despite the invalidity of such section, paragraph, clause or
provision.
(Ord. No. 10-2008, passed 06-16-08)
2010-S-1
TITLE XV: LAND USAGE
Chapter
2008-S-1
150.
BUILDING REGULATIONS
151.
FLOOD DAMAGE PREVENTION
152.
MOBILE HOMES AND MOBILE HOME PARKS
153.
PLANNING
154.
PROPERTY MAINTENANCE CODE
155.
ZONING CODE
156.
CELLULAR TOWER APPLICATION FEE
157.
EROSION PREVENTION & SEDIMENT CONTROL
1
2
Elizabethtown - Land Usage
CHAPTER 150: BUILDING REGULATIONS
Section
Standard Codes
150.01
150.02
150.03
Adoption of Kentucky Building Code and Standards of Safety; enforcement agents
Application
Other standard codes adopted by reference
150.15
150.16
150.17
Building Official
Permit and application fees
Noncompliance with permit requirements
150.99
Penalty
STANDARD CODES
§ 150.01 ADOPTION OF KENTUCKY BUILDING CODE AND STANDARDS OF SAFETY;
ENFORCEMENT AGENTS.
(A) The International Building Code with Kentucky amendments and the International Residential Code with
Kentucky amendments, promulgated in 815 KAR 7:125 by the Board of Housing, Building and Construction,
Commonwealth of Kentucky; 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.
(1) A copy of the Kentucky Building Code, together with a copy of all other regulations or NFiPA
pamphlets adopted or referred to thereunder, is on file in the office of the Department of Planning and Development,
and the Director of the Department shall at all times keep a copy of the building code for reference.
(2) Copies of the Kentucky Standards of Safety (Fire Prevention Code) are available through the
Department of Housing, Buildings and Construction, 1047 U.S. 127 South, Frankfort, Kentucky 40601 and the
Elizabethtown Fire Department.
(B) The Department of Planning and Development shall be designated as the local enforcement agency for the
International Building Code with Kentucky amendments and the International Residential Code with Kentucky
amendments. All building code inspections shall be performed by persons certified by the Kentucky Department of
Housing, Buildings and Construction. All electrical inspections shall be performed by a certified electrical inspector
specifically approved by this jurisdiction.
(Ord. 27, passed 7-1-91) (Am. Ord. No. 26-2007, 06-02-07, Am. Ord. No. 03-2008, 04-07-08)
2008-S-2
3
4
(C) The Fire Chief and all other designated officers, agents, and employees of the city are hereby charged with
the enforcement of the provisions of the state Standards of Safety (Fire Prevention Code).
(Ord. 6, passed 1-21-91) (Ord. 27, passed 7-1-91)
(D) Definitions. For the purpose of this chapter, wherever the following words are used in the building code
adopted herein, the definitions below shall apply:
(1) CORPORATION COUNSEL. The Attorney for the city.
(2) MUNICIPALITY. The City of Elizabethtown.
('73 Code, § 5-1.7) (Ord., passed 4-3-72; Ord. 6, passed 1-21-91; Ord. 27, passed 7-1-91; Ord. 1, passed 1-7-02)
Cross-reference:
Fire Chief, see § 39.15
§ 150.02 APPLICATION.
Pursuant to KRS 198B.060(8), a building inspection program is hereby established in Elizabethtown for
application to all buildings, including single-family dwelling as provided in the adopted codes..
(Ord., 27, passed 7-1-91) (Am. Ord. 26-2007, passed 06-02-07)
§ 150.03 OTHER STANDARD CODES ADOPTED BY REFERENCE.
(A) In addition to the codes adopted in § 150.01 of this chapter, the following codes shall be in full force and
effect as to all buildings, structures, real estate and improvements to real estate in the city.
(1) Kentucky Residential Code
(2) National Fuel Gas Code, 1999.
(3) National Electric Code, 2008. (Ord. #14–2009, passed 08/24/09)
(4) Life Safety Code, 1988 edition.
(5) National Fire Code, 1986 edition.
(B) The above codes, regulations, interpretations and pamphlets are on file in the office of the Department of
Planning and Development.
(C) Any and all future amendments and modifications, interpretations and regulations of the above codes'
ordinances to the extent of the amendments, interpretations, regulations and pamphlets shall become a part of this
code and this section and have the same force and effect as this section, as they are received by the office of the
Department of Planning and Development.
(D) The Elizabethtown Department of Planning and Development shall be designated the local enforcement
agency for the codes, regulations, interpretations and pamphlets hereinabove referred to.
('73 Code, § 5-2) (Ord., passed 12-7-70; Am. Ord., passed 6-5-78; Am. Ord., passed 2-7-83; Am. Ord., passed 120-86)
2010-S-1
5
§ 150.15 BUILDING OFFICIAL.
(A) The office of Building Official is hereby created and the Director of Department of Planning and
Development shall be known as Building Official.
(B) The Building Official shall be appointed by the Mayor with the approval of City Council. The appointment
shall continue during good behavior and satisfactory service. He/she shall not be removed from office except for
cause after full opportunity has been given to be heard on specific charges. During temporary absence or disability
of the Building Official the appointing authority shall designate an Acting Building Official.
('73 Code, § 5-1)
(C) To be eligible to appointment, the candidate for the position shall have had experience as an architect,
structural engineer, building inspector or superintendent of building construction. He/she shall be in good health,
physically capable of making the necessary examinations and inspections. He/she shall not have any interest
whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in
or in connection with building construction, alterations, removal, and demolition. ('73 Code, § 5-1.1)
(D) Duties.
(1) The Building Official or his/her personnel and/or department shall devote the necessary time to
perform duty of the office. The Building Official shall examine the premises for which permits have been issued and
shall make necessary inspections to see that the provisions of law are complied with and that construction is
prosecuted safely. The Building Official shall, when requested by proper authority, or when the public interest so
requires, make investigations in connection with matters referred to in the building code and render written reports
on the same and shall issue such notices or orders as may be necessary to enforce compliance with law, to remove
illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit
facilities in buildings and structures.
(2) Inspections required under the provisions of the building code shall be made by the Building Official or
his/her duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection
services, after investigation of their qualifications and reliability. No certificate called for by any provision of the
building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer
of such service.
(3) All such records shall be open to public inspection for good and sufficient reasons at the stated office
hours, but shall not be removed from the office of the Building Official without his/her written consent.
(4) The Building Official shall make written reports to his/her immediate superior once each month, or
more often if requested, including statements of permits and certificates issued, and orders promulgated.
('73 Code, § 5-1.2)
(Ord., passed 12-7-70; Am Ord., passed 4-3-72)
1995-S2 Repl.
6
(E) The Building Official or any employee charged with the enforcement of this chapter, acting in good faith
and without malice for the city in the discharge of his/her duties, shall not thereby render himself liable personally
and he/she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a
result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought
against the Building Official or employee, because of such act or omission performed by him/her in the enforcement
of any provisions of this chapter, shall be defended by the legal department of the city until final termination of the
proceedings. ('73 Code, § 5-1.3) (Ord., passed 4-3-72)
(F) The Building Official may request and shall receive so far as may be necessary, in the discharge of his/her
duties, the assistance and cooperation of other officials of the municipality. ('73 Code, § 5-1.4) (Ord., passed 4-372)
(G) The Building Official, or other authorized officer in the discharge of his/her official duties, and upon
proper identification, shall have authority to enter any building, structure or premises at any reasonable hour. ('73
Code, § 5-1.5) (Ord., passed 4-3-72)
(H) The Building Official shall be compensated in the amount as established by the City Council from time to
time by ordinance.
(I) No person shall be appointed or act as the Building Official 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.
Cross-reference:
Oath and bond required of city officers, see § 31.01
§ 150.16 PERMIT AND APPLICATION FEES.
The fees for permits and inspections shall be as set out below.
APPLICATION FEES
Conditional Use Permit
Variance
Preliminary Fee
Amended Preliminary Plat
Record Plat
Map Amendment
Planned Neighborhood District
$150.00
$150.00
$500.00
$250.00
$250.00
$350.00
$500.00
Development Plan
$100.00
Development Plan (Amended)
$50.00
Development Plan (Commercial Design Guidelines)
$200.00
(Amended Ord. 14-2003, passed – 06-16-2003; Amended Ord. 08-2008, passed 06-16-2008)
2008-S-2
CONSTRUCTION PERMIT FEE SCHEDULE
Up to $9,999
$10,000 to $19,999
$20,000 to 34,999
$35,000 to $49,999
$50,000 to 74,999
$75,000 to $99,999
$100,000 to $149,999
$150,000 to $199,999
$200,000 to $299,999
$300,000 to $399,999
$400,000 to $499,999
$500,000 to $749,999
$750,000 to $999,999
$1,000,000 to $2,499,999
$2,500,000 to $4,999,999
$5,000,000 +
7
No Fee
$25.00
$50.00
$100.00
$150.00
$200.00
$250.00
$500.00
$750.00
$1,000.00
$2,000.00
$3,000.00
$4,000.00
$5,000.00
$7,500.00
$10,000.00
SIGN INSTALLATION FEE
$100.00
Temporary Banner Sign Installation Fee
$35.00
(Amended Ord. 08-2008, passed 06-16-08; Amended Ord. 11-2009, passed 08-17-09)
DEMOLITION FEE SCHEDULE
Residential
Commercial
Moving of structure or building (Any building)
$50.00
$100.00
$50.00
(Amended Ord. #02-2003, passed – 01-06-2003)
PLAN REVIEW FEE SCHEDULE
All Occupancy types,
except single family residential dwellings
Single Family Residential Dwellings – 1999 square feet or less
Single Family Residential Dwellings – 2000 square feet or more
Plan Examination Fees are adopted as
specified in the Kentucky Building Code
$100.00
$150.00
(Amended Ord. #02-2003, passed – 01-06-2003)
ELECTRICAL PERMIT FEE SCHEDULE
Single Family Dwelling
Multi-Family Dwelling (Each Unit)
Mobile or Manufactured Homes
Temporary Service Poles
Signs
Change out of service
Swimming Pools
2010-S-1
Under 1500 Sq. Ft.
Over 1500 Sq. Ft. to 2500 Sq. Ft.
Over 2500 Sq. Ft.
$50.00
$100.00
$150.00
$50.00
$30.00
$30.00
$25.00
$30.00
$30.00
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ELECTRICAL PERMIT FEE SCHEDULE CONTINUED
Remodel/Finishing or Basement
Accessory Building/Garages
Temporary on Main
Rechecks
Industrial/Commercial
No Charge
No Charge
No Charge
No Charge
2% of Elec. Contract
Minimum $100.00
(Ord. 17-1999, passed – 06-21-1999; Amended Ord. #02-2003, passed – 01-06-2003)
§ 150.17 NONCOMPLIANCE WITH PERMIT REQUIREMENTS.
Where work for which a permit is required by city ordinance or regulation is started or proceeded with prior to
obtaining a permit, during the first 30 days of violation or 50% of construction, whichever comes first, a penalty of
50% of the cost of the usual permit fee will be added to the permit fee. After 30 days of violation or more than 50%
construction the usual fee will be doubled, but the payment of such penalty shall not relieve any persons or
corporation from fully complying with the other codes, ordinances or regulations of this city in the execution of the
work nor from any other penalties prescribed by the codes, ordinances, or regulations.
('73 Code, § 5-1.8(C))
(Ord., passed 4-3-72; Am. Ord., passed 12-17-84; Am. Ord. 35-1988, passed 11-7-88;
Am. Ord. 27, passed 7-1-91) Penalty, see § 150.99
§ 150.99 PENALTY.
Any person who violates any provision of the state codes adopted in § 150.01 shall be subject to the following
penalties:
(A) Violators of the Kentucky 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) (1) 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))
(2) The imposition of penalties shall not preclude the city from instituting an appropriate action or
proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance
or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises,
or to prevent an illegal act, conduct, business or use in or about any premises. ('73 Code, § 10-3) (Ord., passed 217-64)
(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)
(D) Any person, firm, corporation or other organization violating §§ 150.16 or 150.17 by work begun or
services performed without the payment of the appropriate fee shall be guilty of a misdemeanor and
upon conviction thereof the violator shall be fined not less than $10 nor more than $500 plus court
costs. ('73 Code, § 5-1.8(C))
(Ord., passed 4-3-72; Am. Ord., passed 12-17-84; Am. Ord. 351988, passed 11-7-88; Am. Ord. 27, passed 7-1-91)
2003-S-1
CHAPTER 151: FLOOD DAMAGE PREVENTION
Section
General Provisions
151.01
151.02
151.03
151.04
151.05
151.06
151.07
151.08
151.09
151.10
151.11
151.12
151.13
Statutory authorization
Findings of fact
Statement of purpose
Objectives
Definitions
Lands to which this chapter applies
Basis for establishing the special flood hazard areas
Establishment of development permit
Compliance
Abrogation and greater restrictions
Interpretation
Warning and disclaimer of liability
Enforcement, Violation Notice and Penalties
Administration
151.25
151.26
151.27
Designation of local administrator
Establishment of Development Permit
Duties and responsibilities of the local administrator
Provisions for Flood Hazard Reduction
151.40
151.41
151.42
151.43
151.44
151.45
151.46
151.47
151.48
General construction standards
Specific standards
Standards for streams without established base flood elevation (unnumbered A zones) and/or
floodways
Standards for areas of shallow flooding zones
Standards for subdivision proposals
Standards for accessory structures in all zones beginning with the letter “A”
Critical Facilities
Appeals and variance procedures
Severability
9
2008-S-1
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GENERAL PROVISIONS
§ 151.01 STATUTORY AUTHORIZATION.
The Legislature of the Commonwealth of Kentucky has in KRS 82.082 delegated to local government units the
authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Elizabethtown, Kentucky, hereby adopts the following floodplain
management chapter, as follows.
(Ord. No. 27-2007, passed, 07-16-07; Am Ord. No. 32-2007, passed 09-17-07)
§ 151.02 FINDINGS OF FACT.
(1) The flood hazard area of the City of Elizabethtown, Kentucky are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
(2) These flood loses are caused by the cumulative effect of obstruction in floodplains causing increased in
flood heights and velocity, and by the location in flood hazard areas of uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damage.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public
and private loss due to flooding by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water erosion hazards,
or which result in damaging increases in erosion or in flood heights or velocity;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which
accommodate or channel flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion of flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards to other lands.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.04 OBJECTIVES.
The objectives of this chapter are to:
(1) Protect human life and health;
2008-S-1
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(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood
hazard or other flood-prone areas in such a manner as to minimize future flood blighted areas caused by flooding;
and
(7) Ensure that potential homebuyers are on notice that property is in a Special Flood Hazard Area.
(8) Ensure that those who occupy a Special Flood Hazard Area assume responsibility for their actions.
(Ord. No. 27-2007, passed 07-16-07)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its most reasonable application.
A ZONE. Portions of the special flood area (SFHA) in which the principle source of flooding is runoff from
rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are
usually not a significant threat to structures. Areas of 100-year flood, base flood elevations and flood hazard factors
are not determined.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure located on the same parcel of
property as the principle structure, the use of which is incidental to the use of the principle structure. Accessory
structures should constitute a minimal initial investment, may not be used for human habitation, and should be
designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports,
storage sheds, pole barns, and hay sheds.
ACCESSORY USE. A use which is incidental and subordinate to the principle use of the parcel of land on
which it is located.
ADDITION (TO AN EXISTING BUILDING). Any walled and roofed expansion to the perimeter of a structure
in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed
addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new
construction.
A1-30 AND AE ZONES. Special Flood Hazard Areas inundated by the 1% annual chance flood (100-year
flood). Base flood elevation (BFEs) are determined.
AH ZONES. An area of 100-year shallow flooding where depths are between 1 and 3 feet (usually shallow
ponding). Base flood elevations are shown.
AO ZONES. An area of 100-year shallow flooding where water depth is between one and three feet (usually
sheet flow on sloping terrain) Flood depths are shown.
2008-S-1
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APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this
chapter or from the floodplain administrator’s ruling on a request for a variance.
AR/A1 – A30, AR/AE, AR/AH, AR/AO AND AR/A ZONES. Special Flood Hazard Areas (SFHAs) that result
from the de-certification of a previously accredited flood protection system that is in the process of being restored to
provide a 100-year or greater level of flood protection. After restoration is complete these areas will still experience
residual flooding from other flooding sources.
A99 ZONE. That part of the SFHA inundated by the 100 year flood which is to be protected from the 100-year
flood by a Federal flood protection system under construction. No base flood elevations are determined.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on community's Flood Insurance Rate Map
(FIRM) where the base flood depths from one to three feet, there is no clearly defined channel, the path of flooding
is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
B AND X ZONES (SHADED). Areas of the 0.2%annual chance (500-year) flood, areas subject to the 100-year
flood with average depths of less than one foot or with contributing drainage area less than 1 square mile, and areas
protected by levees from the base flood.
BASE FLOOD. A flood which has a one percent chance of being equaled or exceeded in any given year (also
called the “100-year flood”). Base flood is the term used throughout this chapter.
BASE FLOOD ELEVATION (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones
AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30 AR/AH and AR/AO that indicates the water surface elevation
resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all four sides.
BUILDING. A walled and roofed structure that is principally aboveground, including a manufactured home,
gas or liquid storage tank, or other man-made facilities or infrastructures. See definition for structure.
C AND X (UNSHADED) ZONES. Areas determined to be outside the 500-year floodplain.
COMMUNITY. A political entity having the authority to adopt and enforce floodplain ordinances for the area
under its jurisdiction.
COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to
provide incentives to those communities in the Regular Program to go beyond the minimum floodplain management
requirements to develop extra measures for protection from flooding.
COMMUNITY FLOOD HAZARD AREA (CFHA). An area that has been determined by the Floodplain
Administrator (or other delegated, designated, or qualified community official) from available technical studies,
historical information, and other available and reliable sources, which may be subject to periodic inundation by
floodwaters that can adversely affect the public health, safety and general welfare. Included are areas downstream
from dams.
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CRITICAL FACILITY. Any property that, if flooded, would result in severe consequences to public health and
safety or a facility which, if unusable or unreachable because of flooding, would seriously and adversely affect the
health and safety of the public. Critical facilities include, but are not limited to: housing likely to contain occupants
not sufficiently mobile to avoid injury or death unaided during a flood; schools, nursing homes, hospitals, police, fire
and emergency response installations, vehicle and equipment storage facilities, emergency operations centers likely to
be called upon before, during and after a flood, public and private utility facilities important to maintaining or
restoring normal services before, during and after a flood, and those facilities or installations which produce, use or
store volatile, flammable, explosive, toxic and/or water-reactive materials, hazardous materials or hazardous waste.
D ZONE. An area in which the flood hazard is undetermined.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or
permanent storage of materials or equipment.
ELEVATED BUILDING. A non-basement structure built to have the lowest floor elevated above the ground
level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway
walls. (See freeboard requirements for residential and non-residential structures.)
ELEVATION CERTIFICATE. A statement certified by a registered professional engineer or surveyor on the
FEMA-approved form in effect at the time of certification that verifies a structure’s elevation and other related
information to verify compliance with this chapter.
EMERGENCY PROGRAM. The initial phase under which a community participates in the NFIP, intended to
provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the
effective date of the initial FIRM.
ENCLOSURE. That portion of a structure below the Base Flood Elevation (BFE) used solely for parking of
vehicles, limited storage, or access to the structure.
ENCROACHMENT. The physical advance or infringement of uses, plant growth, fill, excavation, structures,
permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION. Any structure for which the “start of construction” commenced before the
effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. “Existing construction”
may also be referred to as “Existing structures”.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the first floodplain management ordinance adopted
by the City of Elizabethtown, Kentucky based on specific technical base flood elevation data which established the
area of special flood hazards.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of
concrete pads).
FIVE-HUNDRED YEAR FLOOD. The flood that has a 0.2 percent chance of being equaled or exceeded in any
year. Areas subject to the 500-year flood have a moderate to low risk of flooding.
2008-S-2
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FLOOD, FLOODING, OR FLOOD WATER.
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from
the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any
source; and/or mudslides (i.e. mudflows). See Mudslides.
(2) The condition resulting from flood-related erosion. See flood-related erosion.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). A map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards
and the regulatory floodway.
FLOOD HAZARD BOUNDARY MAP (FHBM). A map on which the boundaries of the flood, mudslide (i.e.
mudflow), and flood-related erosion areas having special hazards have been designated as Zones A, M, and/or E by
the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA).
FLOOD INSURANCE RATE MAP (FIRM). A map which the Federal Emergency Management Agency
(FEMA) or Federal Insurance Administration (FIA) has delineated special flood hazard areas and the risk premium
zones.
FLOOD INSURANCE STUDY. The report provided by the Federal Emergency Management Agency (FEMA)
or Federal Insurance Administration (FIA) containing flood profiles, the Flood Insurance Rate Map (FIRM), and/or
the Flood Boundary Floodway Map (FBFM) and the water surface elevation of the base flood.
FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to being inundated by flood waters from
any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed by a NFIP participating community to administer
and enforce the floodplain management ordinances.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures
for reducing flood damage and preserving and enhancing natural resources in the floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management ordinances, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and
other applications of police power, which control development in flood-prone areas. This term describes federal, state
and/or local regulations, in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOODPROOFING. Any combination of structural and non-structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation
facilities, structures and their contents.
FLOODPROOFING CERTIFICATE. A certification by a registered professional engineer or architect, on a
FEMA-approved form in effect at the time of certification stated that a non-residential structure, together with
attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially
impermeable to the passage of water and all structural components are capable of resisting hydrostatic and
hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.
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FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Also referred to as the “regulatory floodway”.
FLOODWAY FRINGE. That area of the floodplain on either side of the regulatory floodway where
encroachment may be permitted without additional hydraulic and/or hydrologic analysis.
FREEBOARD. A factor of safety, usually expressed in feet about the BFE, which is applied for the purposes of
floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights
greater than those calculated for the base flood. Freeboard must be applied not just to the elevation of the lowest floor
or floodproofing level, but also to the level of protection provided to all components of the structure, such as building
utilties, HVAC components, etc.
FRAUD AND VICTIMIZATION. As related in Section 151.47, Appeals and Variance Procedures, of this
chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this
requirement, the City Council will consider the fact that every newly constructed structure adds to government
responsibilities and remains a part of the community for fifty to one hundred years. Structures that are permitted to
be constructed below the base flood elevation are subject during all those years to increased risk of damage from
floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages may incur. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance
rates.
FUNCTIONALLY DEPENDENT USE FACILITY. A facility, structure, or other development, which cannot
be used for its intended purpose unless it is located or carried out in close proximity to water. The term includes only
a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair,
or seafood processing facilities. This term does not include long-term storage, manufacture, sales or service facilities.
GOVERNING BODY. The local governing unit, i.e. county or municipality that is empowered to adopt and
implement ordinances to provide for the public health, safety and general welfare of its citizenry.
HAZARD POTENTIAL. The possible adverse incremental consequences that result from the release of water or
stored contents due to failure of a dam or misoperation of a dam or appurtenances. The hazard potential classification
of a dam does not reflect in any way the current condition of a dam and its appurtenant structures (e.g., safety,
structural integrity, flood routing capacity).
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a building.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the Natural Register of Historic Places (a listing maintained by the Department
of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of the Interior; or
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(4) Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
(a)
By an approved state program as determined by the Secretary of the Interior; or
(b)
Directly by the Secretary of the Interior in states without approved programs.
INCREASED COST OF COMPLIANCE (ICC). Increased cost of compliance coverage provides for the
payment of a claim for the cost to comply with State or community floodplain management laws or ordinances after a
direct physical loss by flood. When a building covered by a Standard Flood Insurance Policy under the NFIP sustains
a loss and the state or community declares the building to be substantially or repetitively damaged, ICC will help pay
up to $30,000 for the cost to elevate, floodproof, demolish, or remove the building.
ICC coverage is available on residential and non-residential buildings (this category includes public or
government buildings, such as schools, libraries, and municipal buildings) insured under the NFIP.
KENTUCKY REVISED STATUTE 151.250 – PLANS FOR DAMS, LEVEES, ETC TO BE APPROVED AND
PERMIT ISSUED BY CABINET – (ENVIRONMENTAL AND PUBLIC PROTECTION CABINET).
(1) Notwithstanding any other provision of law, no person and no city, county or other political subdivision of
the state, including levee districts, drainage districts, flood control districts or systems, or similar bodies, shall
commence the construction, reconstruction, relocation or improvement of any dam, embankment, levee, dike, bridge,
fill or other obstruction (except those constructed by the Department of Highways) across or along any stream, or in
the floodway of any stream, unless the plans and specifications for such work have been submitted by the person or
political subdivision responsible for the construction, reconstruction or improvement and such plans and
specifications have been approved in writing by the cabinet and a permit issued. However, the cabinet by regulation
may exempt those dams, embankments or other obstructions which are not of such size or type as to require approval
by the cabinet in the interest of safety or retention of water supply.
(2) No person, city, county or other political subdivision of the state shall commence the filing of any area with
earth, debris, or any other material, or raise the level of any area in any manner, or place a building, barrier or
obstruction of any sort on any area located adjacent to a river or stream or in the floodway of the stream so that such
filling, raising, or obstruction will in any way affect the flow of water in the channel or in the floodway of the stream
unless plans and specifications for such work have been submitted to and approved by the cabinet and a permit issued
as required in subsection (1) above.
(3) Nothing in this section is intended to give the cabinet any jurisdiction or control over the construction,
reconstruction, improvement, enlargement, maintenance or operation of any drainage district, ditch or system
established for agricultural purposes, or to require approval of the same except where such obstruction of the stream
or floodway is determined by the cabinet to be a detriment or hindrance to the beneficial use of water resources in the
area, and the person or political subdivision in control thereof so notified. The Department for Natural Resources
through KRS Chapter 350 shall have exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams,
levees, embankments, dikes, bridges, fills, or other obstructions across or along any stream or in the floodway of any
stream which structures are permitted under KRS Chapter 350 for surface coal mining operations.
LETTER OF MAP CHANGE (LOMC). Is an official FEMA determination, by letter, to amend or revise
effective Flood Insurance Rate Maps, Flood Board and Floodway Maps and Flood Insurance Studies. LOMC’s
include the following categories:
(1) Letter of Map Amendment (LOMA) – A revision based on technical data showing that a property was
incorrectly included in a designated SFHA. A LOMA amends the current effective FIRM and establishes that a
specific property is not located in a SFHA.
(2) Letter of Map Revision (LOMR) – A revision based on technical data that, usually due to manmade
changes, show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
features.
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(3) Letter of Map Revision-Fill (LOMR F): A determination that a structure or parcel has been elevated by
properly placed engineered fill above the BFE and is, therefore, excluded from the SHFA.
LEVEE. A man-made structure, usually an earthen embankment, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
LEVEE SYSTEM. A flood protection system that consists of a levee, or levees, and associated structures, such
as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
For a levee system to be recognized, the following criteria must be met:
(1) All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be
operated in accordance with an officially adopted operation manual (a copy of which must be provided to FEMA by
the operator when levee or drainage system recognition is being sought or revised).
(2) All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or
State Law, or an agency of a community participating in the NFIP.
LIMITED STORAGE. An area used for storage and intended to be limited to incidental items which can
withstand exposure to the elements and have low flood damage potential. Such an area must be of flood resistant
material, void of utilities except for essential lighting, and cannot be temperature controlled.
LOWEST ADJACENT GRADE. The elevation of the sidewalk, patio, deck support, or basement entryway
immediately next to the structure and after the completion of construction. It does not include earth that is emplaced
for aesthetic or landscaping reasons around a foundation wall. It does include natural ground or properly compacted
fill that comprises a component of a structure’s foundation system.
LOWEST FLOOR. The lowest floor of the lowest enclosed area including basement. An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, structure access or storage in an area other than a basement
area is not considered a structure’s lowest floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected or attached to the required
utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on site for
180 consecutive days or longer and intended to be improved property. The term “manufactured home” does not
include a “recreational vehicle” (see Recreational Vehicle).
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) or land divided into
tow or more manufactured home lots for rent or sale.
MAP. The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community
issued by the Federal Emergency Management Agency (FEMA).
MAP PANEL NUMBER. The four digit number on a flood map, followed by a letter suffix, assigned by
FEMA. The first four digits represent the map panel. The letter suffix represents the number of times the map panel
has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)
MARKET VALUE. The structure value, excluding the land (as agreed between a willing buyer and seller), as
established by what the local real estate market will bear. Market value can be established by independent certified
appraisal, replacement cost depreciated by age of structure (Actual Cash Value) or adjusted assessed values.
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MEAN SEA LEVEL. The average height of the sea for all stages of the tide. For the purposes of the National
Flood Insurance Program, the MSL is used as a reference for establishing various elevations within the floodplain as
shown on a community’s FIRM. For purposes of this chapter, the term is synonymous with either National Geodetic
Vertical Datum (NGVD) 1929 or North American Vertical Datum (NAVD) 1988.
MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from
hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the
costs of disaster response and recovery.
MUDSLIDE (i.e. MUDFLOW). Describes a condition where there is a river, flow, or inundation of liquid mud
down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of
water on the ground, preceded by a period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may
occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Floodplain
Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
MUDSLIDE (i.e. MUDFLOW) AREA MANAGEMENT. The operation of and overall program of corrective
and preventive measures for reducing mudslide (i.e. mudflow) damage, including but not limited to emergency
preparedness plans, mudslide control works, and floodplain management regulations.
MUDSLIDE (i.e. MUDFLOW) PRONE AREA. An area with land surfaces and slopes of unconsolidated
material where the history, geology, and climate indicate a potential for mudflow.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance
available to owners of property in participating communities nationwide through the cooperative efforts of the federal
government and the private insurance industry.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929, a vertical control used as a
reference for establishing varying elevations with the floodplain. (Generally used as the vertical datum on the older
FIRM’s. Refer to FIRM legend panel for correct datum.)
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date
of the City of Elizabethtown’s floodplain management regulations and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of streets and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of the City of Elizabethtown’s adopted floodplain
management ordinances.
NON-RESIDENTIAL. Structures that are not designed for human habitation, including but is not limited to:
small business concerns, churches, schools, farm structures (including grain bins and silos), pool houses, clubhouses,
recreational structures, mercantile structures, agricultural and industrial structures, warehouses, and hotels or motels
with normal room rentals for less than 6 months duration.
NORTH AMERICAN VERTICAL DATUM (NAVD). As corrected in 1988, a vertical control used as a
reference for establishing varying elevations within the floodplain. (Generally used on the newer FIRM’s and
Digitally Referenced FIRM’s (DFIRM’s). (Refer to FIRM or DFIRM legend panel for correct datum.)
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OBSTRUCTION. Includes but is not limited to any dam, wall, embankment, levee, dike, pile, abutment,
protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede,
retard or change the direction and/or velocity of the flow of water, due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried downstream.
ONE-HUNDRED YEAR FLOOD (100-YEAR FLOOD). (See Base Flood) – The flood that has a 1 percent or
greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject
to the 100-year flood. Over the life of a 30-year loan, there is a 26-percent chance of experiencing such a flood with
the SFHA.
PARTICIPATING COMMUNITY. A community that voluntarily elects to participate in the NFIP by adopting
and enforcing floodplain management regulations that are consistent with the standards of the NFIP.
PRE-FIRM CONSTRUCTION. Construction or substantial improvement, which started on or before December
31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.
POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective
date of the initial FIRM of the community or after December 31, 1974, whichever is later.
PROBATION. A means of formally notifying participating NFIP communities of violations and deficiencies in
the administration and enforcement of the local floodplain management regulations. During a period of probation,
each insurance policy is subject to a $50 surcharge.
PROGRAM DEFICIENCY. A defect in a community’s floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management standards or of the standards of 44
CFR 60.3, 60.4, 60.5 and/or 60.6.
PUBLIC SAFETY AND NUISANCE. Anything which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection:
(3) Designed to be self-propelled or permanently towable to a light duty truck: and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use.
REGULAR PROGRAM. The phase of a community’s participation in the NFIP where more comprehensive
floodplain management requirements are imposed and higher amounts of insurance are available based upon risk
zones and elevations determined in a FIS.
REGULATORY FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot. See Base Flood.
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REMEDY A VIOLATION. The process by which a community brings a structure or other development into
compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impact of
non-compliance. Reduced impact may include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations,
or reducing state or federal financing exposure with regard to the structure or other development..
REPAIR. The reconstruction or renewal of any part of an existing structure.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two or more separate occasions during
a 10-year period where the value of damages equals or exceeds an average of 50% of the current value of the
structure, beginning on the date when the damage first occurred, or four or more flood losses of $1000.00 or more
over the life of the structure, or three or more flood losses over the life of the structure that are equal or greater than
the current value of the structure.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SECTION 1316. That section of the National Flood Insurance Act of 1968, as amended, which states that no
new or renewal flood insurance coverage shall be provided for any property that the Administrator finds has been
declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of
state or local laws, regulations or ordinances that are intended to discourage or otherwise restrict land development or
occupancy in flood-prone areas.
SHEET FLOW AREA. See “Area of Shallow Flooding”.
SPECIAL FLOOD HAZARD AREA (SFHA). That portion of the floodplain subject to inundation by the base
flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as Zone A, AE, A1-A30, AH, AO or AR.
START OF CONSTRUCTION. (includes substantial improvement and other new development) The date the
building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement or other improvement was within 180 days of the permit date. The actual start means the first placement
of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include land preparations such as
clearing, grading and filling; nor does it include the installation of streets, and/or walkways: nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary forms: the installation on the
property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of
the structure.
STRUCTURE. A walled and roofed building that is principally above ground; including manufactured homes,
gas or liquid storage tank, or other man-made facilities or infrastructures. See Building.
SUBDIVISION. Any division, for the purposes of sale, lease, or development, either on the installation plan or
upon any and all other plans, terms and conditions, of any tract or parcel of land into two (2) or more lots or parcels.
SUBROGATION. An action brought by FEMA to recover insurance money paid out where all or part of the
damage can be attributed to acts or omissions by a community or other third party.
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SUBSTANTIAL DAMAGE. Means any damage to a building for which the cost of repairs equals or exceeds
fifty percent of the market value of the building prior to the damage occurring. This term includes structures that are
categorized as repetitive loss.
For the purposes of this definition, “repair” is considered to occur when the first repair or reconstruction of any
wall, ceiling, floor or other structural part of the building commences.
The term does not apply to:
a.) any project for improvement of a building required to comply with existing health, sanitary or safety code
specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure
safe living conditions, or
b). any alterations of a “historic structure” provided that the alteration will not preclude the structure’s
continued designation as a “historic structure”.
SUBSTANTIAL IMPROVEMENT. Means any combination of reconstruction, alteration or improvements to a
building, taking place during a 1-year period, in which the cumulative percentage of improvements equals or exceeds
fifty percent of the current market value of the building. For the purpose of this definition, an improvement occurs
when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the building.
The term does not apply to:
a). Any project for improvement of a building required to comply with existing health, sanitary, or safety code
specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure
safe living conditions, or
b). Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s
continued designation as a “historic structure.” Or
c). Any building that has been damaged from any source or is categorized as repetitive loss.
SUBSTANTIAL IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS. Repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeding 50 percent of the
value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
SUSPENSION. Removal of a participating community from the NFIP for failure to enact and/or enforce
floodplain management regulations required for participation in the NFIP. New or renewal flood insurance policies
are no longer available in suspended communities.
UTILITIES. Includes electrical, heating, ventilation, plumbing, and air conditioning equipment.
VARIANCE. Relief from some or all of the requirements of this ordinance.
VIOLATION. Failure of a structure or other development to fully comply with this ordinance. A structure or
other development without the elevation certificate, other certifications, or other evidence of compliance required in
this ordinance is presumed to be in violation until such time as that documentation is provided.
WATER COURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which
water flows at least periodically.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of
1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
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WATERSHED. All the area within a geographic boundary from which water, sediments, dissolved materials,
and other transportable materials drain or are carried by water to a common outlet, such as a point on a larger
stream, lake or underlying aquifer.
X ZONE. The area where the flood hazard is less than in the SFHA. Shaded X zones shown on recent FIRMs
(B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2-percent probability of being
equaled or exceeded (the 500-year flood) in any year. Unshaded X zones (C zones on older FIRMs) designate areas
where the annual exceedance probability of flooding is less than 0.2 percent.
ZONE. A geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that
reflects the severity or type of flooding in the area.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.06 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of Special Flood Hazard Areas (SFHA), areas applicable to KRS 151.250
and, as determined by the Floodplain Administrator or other delegated, designated, or qualified community official as
determined by the City Council of Elizabethtown, Kentucky from the available technical studies, historical
information, and other available and reliable sources, areas within the jurisdiction of the City of Elizabethtown,
Kentucky which may be subject to periodic inundation by floodwaters that can adversely affect the public health,
safety, and general welfare of the citizens of the City of Elizabethtown, Kentucky.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.07 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD AREAS.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) for Hardin County, dated August 16, 2007, with accompanying Flood Insurance Rate
Maps (FIRMS), other supporting data, and any subsequent amendments thereto, are hereby adopted by reference and
declared to be a part of these regulations by the City of Elizabethtown, and for those land areas acquired by the City
of Elizabethtown through annexation. This FIS and attendant mapping is the minimum area of applicability of this
chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which
are recommended to the City Council by the Floodplain Administrator and are enacted by the City Council pursuant
to statutes governing land use management regulations. The FIS and/or FIRM are permanent records of Hardin
County and are on file and available for review by the public during regular business hours at the office of the Hardin
County Planning Commission at 14 Public Square, Elizabethtown, Kentucky or the office of the Flood Plain
Administrator at City Hall, 200 West Dixie Avenue, Elizabethtown, Kentucky.
(Ord. No. 27-2007, passed 07-16-07, A. Ord. No. 32-2007, passed 09-17-07)
§ 151.08 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the provision of this chapter prior to the
commencement of any development activities in the special flood hazard area (SFHA). See §151.26 for instructions
and explanation.
Application for a development permit shall be made on forms furnish by the Floodplain Administrator.
(Ord. No. 27-2007, passed 07-16-07)
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§ 151.09 COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted or structurally altered without
full compliance with the terms of this chapter and other applicable state regulations. Violation of the requirement
(including violations of conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the City Council of Elizabethtown, Kentucky from taking such lawful
action as is necessary to prevent or remedy any violation.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.10 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.11 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
1) Considered minimum requirements;
2) Liberally construed in favor of the governing body; and
3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.12 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of
special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the City Council of Elizabethtown, Kentucky, any officer or employee, the
Commonwealth of Kentucky, the Federal Insurance Administration, or the Federal Emergency Management Agency,
thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made
thereunder.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.13 ENFORCEMENT, VIOLATION NOTICE AND PENALTIES.
1) Civil Offense: If, at the time, development occurs which is not in accordance with the provisions of this chapter
including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved
modifications, such development shall constitute a civil offense.
2) Notice of Violation: If, at any time, a duly authorized employee or agent of the Floodplain Administrator has
reasonable cause to believe that a person has caused development to occur which is not in accordance with the
provisions of this chapter including obtaining or complying with the terms and conditions of a floodplain construction
permit and any approved modifications thereof, a duly authorized employee of the Floodplain
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Administrator shall issue a notice to the person responsible for the violation and/or property owner, stating the facts
of the offense or violation, the section of this chapter and/or of the permit violated, when it occurred, how the
violation is to be remedied to bring the development into conformity with this chapter or with the approved permit,
and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be
determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include
an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event
that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine and
shall state the maximum fine which would be imposed. See below.
3) Notice of Citation: If, at any time, a duly authorized employee or agent of the Floodplain Administrator has
reasonable cause to believe that a person has caused development to occur which is not in accordance with the
provisions of this chapter including obtaining or complying with the terms and conditions of a floodplain construction
permit and any approved modifications thereof, a duly authorized employee of the Floodplain Administrator may
issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be
remedied to bring the development into conformity with this chapter or with the approved permit, and within what
period of time the remedy is to occur, and what penalty or penalties are recommended. When a citation is issued, the
person to who the citation is issued shall respond to the citation within seven (7) days of the date the citation is issued
by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the
citation or requesting a hearing before the governing body. If the person to whom the citation is issued does not
respond to the citation within seven (7) days, that person shall be deemed to have waived the right to a hearing and
the determination that a violation occurred shall be considered final.
4) Penalties: Violation of the provisions of this chapter or failure to comply with any of its requirements, including
violation of conditions and safeguards established in connection with granting of a variance or special exceptions,
shall constitute a misdemeanor offense. Any person who violates this chapter or fails to comply with any of its
requirements shall, upon conviction thereof, be fined no more than $1,000.00 or imprisoned for not more than 12
months, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense. Nothing herein contained shall prevent the Floodplain Administrator
from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 27-2007, passed 07-16-07)
ADMINISTRATION
§ 151.25 DESIGNATION OF LOCAL ADMINISTRATOR.
The City Council of Elizabethtown, Kentucky hereby appoints the Director of Stormwater Management to
administer, implement, and enforce the provisions of this chapter by granting or denying development permits in
accordance with it provisions, and is herein referred to as the Floodplain Administrator.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.26 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A development permit shall be obtained before any construction or other development begins within any special
flood hazard area established in §151.07. Application for a Development Permit shall be made on forms furnished by
Floodplain Administrator prior to any development activities, and may include, but not be limited to, the following:
plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Endorsement of local administrator is required before a state floodplain construction permit can be processed.
Specifically, the following information is required.
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1)
APPLICATION STAGE
a) Proposed elevation in relation to Mean Sea Level (MSL) of the proposed lowest floor (including basement)
of all structures in Zone A and elevation of highest adjacent grade; or
b) Proposed elevation in relation to Mean Sea Level to which any non-residential structure will be floodproofed;
c) All appropriate certifications from a registered professional engineer or architect that the non-residential
flood-proofed structure will meet the flood-proofing criteria in §151.41 (2) and §151.43 (2);
d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development.
2)
CONSTRUCTION STAGE
Upon placement of the lowest floor, and before construction continues, or flood proofing by whatever
construction means, it shall be the duty of the permit holder to submit to the Floodplain Administrator and to the
State a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to Mean Sea
Level. In AE, A1-30, AH and A zones where the Community has adopted a regulatory Base Flood Elevation, said
certification shall be prepared by or under the direct supervision of a registered land surveyor or professional
engineer and certified by same.
When flood proofing is utilized for a particular structure, said certification shall be prepared by or under the
direct supervision of a certified professional engineer or architect. Any continued work undertaken prior to the
submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the
lowest floor and flood proofing elevation survey data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure
to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for
the project.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.27 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR.
The Floodplain Administrator and/or staff is hereby appointed, authorized and directed to administer, implement
and enforce the provisions of this chapter. The Floodplain Administrator is further authorized to render
interpretations of this chapter, which are consistent with its spirit and purpose by granting or denying development
permits in accordance with its provisions.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
PERMIT REVIEW. Review all development permits to ensure that:
a) Permit requirements of this chapter have been satisfied;
b) All other required state and federal permits have been obtained: Advise permittee that additional federal and
state permits may be required, and if specific federal or state permit requirements are known, require that copies of
such permits be provided and maintained on file with the development permit;
c) Flood damages will be reduced in the best possible manner;
d) The proposed development does not adversely affect the carrying capacity of affected watercourses. For
purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will increase the water surface elevation of the base
flood more than one foot at any point.
1)
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2) REVIEW AND USE OF ANY OTHER BASE FLOOD DATA. When base flood elevation data has not been
provided in accordance with §151.07, the Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal or state agency, or other source, in order to
administer Provisions for Flood Hazard Reduction. Any such information shall be submitted to the City Council of
Elizabethtown, Kentucky for adoption.
3)
NOTIFICATION OF OTHER AGENCIES.
a) Notify adjacent communities, the Kentucky Division of Water, and any other federal and/or state agencies
with statutory or regulatory authority prior to any alteration or relocation of the watercourse, and
b) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency
Management Agency (FEMA); and
c) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is
maintained.
4) DOCUMENTATION OF FLOODPLAIN DEVELOPMENT. Obtain and maintain for public inspection and
make available as needed the following:
a) Certification required by §151.41 (1) (lowest floor elevations) as shown on a completed and certified
Elevation Certificate. Verify and record the actual elevation (in relation to Mean Sea Level) of the lowest floor
(including basement) of all new or substantially improved structures, in accordance with §151.26 (2);
b) Certification required by §151.41 (2) (elevation or floodproofing of nonresidential structures) as shown on a
completed and certified floodproofing certificate. Verify and record the actual elevation (in relation to Mean Sea
Level) to which the new or substantially improved structures have been flood-proofed, in accordance with §151.26
(2);
c) Certification required by §151.41 (3) (elevated structures),
d) Certification of elevation required by §151.44 (1) (subdivision standards),
e) Certification required by §151.41 (5) (floodway encroachments),
f) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the
flood-carrying capacity is not diminished;
g) Review certified plans and specifications for compliance;
h) Remedial Action. Take action to remedy violations of this chapter as specified in §151.13.
5) MAP DETERMINATIONS. Make interpretations where needed, as to the exact location of the boundaries of
the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and
actual field conditions.
a) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard
(for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in §151.47 (3)(b);
b) When base flood elevation data or floodway data have not been provided in accordance with §151.07, then
the Floodplain Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data
available from a federal, state or other source, in order to administer the Provision for Flood Hazard Reduction.
c) When flood-proofing is utilized for a particular structure, the Floodplain Administrator shall obtain
certification from a registered professional engineer or architect, in accordance with §151.41 (2) a floodproofing
certificate;
d) All records pertaining to the provisions of this chapter shall be maintained in the office of the Floodplain
Administrator and shall be open for public inspections.
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6)
RIGHT OF ENTRY.
a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the
administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or
ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the
administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform
any duty imposed upon the administrator by this chapter.
b) If such structure or premises are occupied, he/she shall first present proper credentials and request entry. If
such building, structure, or premises are unoccupied, he shall first make reasonable effort to locate the owner or
other persons having charge or control of such request entry.
c) If entry is refused, the administrator shall have recourse to every remedy provided by law to secure entry.
d) When the administrator shall have first obtained a proper inspection warrant or other remedy provided by
law to secure entry, no owner or occupant or any other persons having charge, care or control of any building,
structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry
therein by the administrator for the purpose of inspection and examination pursuant to this chapter.
7)
STOP WORK ORDERS.
a) Upon notice from the administrator, work on any building, structure or premises that is being done contrary
to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the
owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which
work may be resumed.
8)
REVOCATION OF PERMITS.
a) The administrator may revoke a permit or approval, issued under the provisions of this chapter, in case
there has been any false statement or misrepresentation as to the material fact in the application or plans on which the
permit or approval was based.
b) The administrator may revoke a permit upon determination by the administrator that the construction,
erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was
issued is in violation of, or not in conformity with, the provisions of this chapter.
9)
LIABILITY.
a) Any officer, employee, or member of the floodplain administrator’s staff, charged with the enforcement of
this chapter, acting for the applicable governing authority in the discharge of his duties, shall not thereby render
himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to
persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought
against any officer, employee, or member because of such act performed by him or her in the enforcement of any
provision of this chapter shall be defended by the department of law until the final termination of the proceedings.
10) EXPIRATION OF FLOODPLAIN CONSTRUCTION PERMIT.
a) A floodplain construction permit, and all provisions contained therein, shall expire if the holder of a
floodplain construction permit has not commenced construction within one hundred and eighty (180) calendar days
from the date of its issuance by the Floodplain Administrator.
(Ord. No. 27-2007, passed 07-16-07)
PROVISIONS FOR FLOOD HAZARD REDUCTION.
§ 151.40 GENERAL CONSTRUCTION STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
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1) All new construction and substantial improvements shall be adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or fame ties to ground anchors. This standard
shall be in addition to and consistent with applicable state requirements for resisting wind forces.
3) All new construction and substantial improvements shall be constructed by materials and utility equipment
resistant to flood damage;
4) New construction and substantial improvements shall be constructed by methods and practices that minimize
flood damage;
5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be
designed and/or located so as to prevent water from entering or accumulating within the components during
conditions of flooding; and if
6) Within Zones AH and AO, so that there are adequate drainage paths around structures on slopes to guide
flood waters around and away from proposed structures.
7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood
waters into the system;
8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into flood waters;
9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding; and
10) Any alteration, repair, reconstruction or improvements to a structure, which is not in compliance with the
provisions of this chapter, shall meet the requirements of “new construction” as contained in this chapter;
11) Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the
provisions of this chapter, shall be undertaken only if said non-conformity is not furthered, extended, or replaced.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.41 SPECIFIC STANDARDS.
In all special flood hazard areas where base flood elevation data has been provided, as set forth in § 151.07 the
following provisions are required:
1) Residential Construction. New construction or substantial improvement of any residential structure (or
manufactured home) shall have the lowest floor including basement, mechanical equipment, and ductwork elevated
no lower than one (1) foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate
a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance
with standards of §151.41 (3).
a) In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number of
specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no
depth number is specified.
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b) In an A Zone, where no technical data has been produced by the Federal Emergency Management
Agency, elevated one (1) foot above the base flood elevation, as determined by this community. The Floodplain
Administrator will determine the method by which base flood elevations are determined. Methods include but are not
limited to detailed hydrologic and hydraulic analyses, use of existing data available from other sources, use of
historical data, best supportable and reasonable judgment in the event no data can be produced. Title 401 KAR
(Kentucky Administrative Regulations) Chapter 4, Regulation 060 states as a part of the technical requirements for a
State Floodplain Permit: The applicant shall provide cross sections for determining floodway boundaries (and thereby
Base Flood Elevations) at any proposed construction site where FEMA maps are not available. All cross sections
shall be referenced to mean sea level and shall have vertical error tolerances of no more than + five-tenths (0.5)
foot. Cross sections elevations shall be taken at those points which represent significant breaks in slope and at points
where hydraulic characteristics of the base floodplain change. Each cross section shall extend across the entire base
floodplain and shall be in the number and at the locations specified by the cabinet. If necessary to ensure that
significant flood damage will not occur, the cabinet may require additional cross sections or specific site elevations
which extend beyond those needed for making routine regulatory floodway boundary calculations.
(Am. Ord. 32-2007, passed 09-14-07)
c)
In all other Zones, the lowest floor shall be elevated at least one foot above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a
registered professional engineer or surveyor, and verified by the community building inspection department to be
properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
Freeboard. Freeboard requirements add height above the base flood elevation to account for future flood fringe
development, uncertainties inherent with the methodologies, lack of data, debris that accompanies the base flood, and
flood levels higher than that of the base flood. A freeboard requirement means that new construction and substantial
improvements of existing structures will be protected to a level higher than the base flood elevation.
Freeboard is applied not just to the elevation of the lowest floor or floodproofing level, but also to the level of
protection provided to all components of the structure. All structure utilities, including ductwork, must be elevated or
protected to the freeboard level and all portions of the structure below the freeboard level must be constructed using
materials resistant to flood damage. If the lowest floor of garages or accessory structures is below the freeboard
level, the structure must meet the opening requirements of §151.41 (3).
Two references on these requirements are Protecting Building Utilities from Flood Damage, FEMA-348, and
Flood Resistant Materials Requirements, FIA-TB-2.
2) Non-Residential Construction. New construction or substantial improvement of any commercial,
industrial, or nonresidential structure (including manufactured home used for non-residential purposes) shall be
elevated to conform with §151.41 (1) or together with attendant utility and sanitary facilities:
(a) Be floodproofed below an elevation one (1) foot above the level of the base flood elevation so that the
structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
(c) Have the lowest floor, including basement, mechanical equipment, and ductwork, elevated no lower
than one (1) foot above the level of the base flood elevation, or;
(d) A registered professional engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official as set forth in §151.26 (1) c.
(e) Manufactured homes shall meet the standards in §151.41 (4).
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(f) All new construction and substantial improvement with fully enclosed areas below the lowest floor
(excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject
to flooding, shall be constructed of flood resistant materials below an elevation one (1) foot above the base flood
elevation, and, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwater. Opening sizes (FEMA Technical Bulletin 1-93) for meeting this requirement must
meet or exceed the following minimum criteria:
(i)
Be certified by a registered professional engineer or architect; or
(ii)
Have a minimum of two openings with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.
3) Elevated Buildings. New construction or substantial improvements of elevated structures on columns,
posts, or pilings (e.g.) that include fully enclosed areas formed by foundation and other exterior walls below the base
flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of
floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
(1) Opening sizes for complying with this requirement must either be certified by a professional engineer
or architect or meet the following minimum criteria:
(a)
Provide a minimum of two (2) openings having a total net area of not less than one square
inch for every foot of enclosed area subject to flooding;
(b)
The bottom of all openings shall be no higher than one foot above grade foundation interior
grade (which must be equal to in elevation or higher than the exterior foundation grade); and
(c)
Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
(2) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and
(3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(4) The total floor area of all such enclosed areas shall not exceed 300 square feet.
(5) For enclosures greater than seven (7) feet in interior height, where elevation requirements exceed six
(6) feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of
the area below the lowest floor to a use or dimension contrary to the structures’ originally approved design, shall be
presented as a condition of issue of the final Certificate of Occupancy.
4)
Standards for Manufactured Homes and Recreational Vehicles.
(1) All new or substantially improved manufactured homes placed on sites located within A, A1-30, AO,
AH, and AE on the community’s Flood Insurance Rate Map (FIRM) must meet all the requirements for new
construction, including elevation and anchoring. Locations include:
• On individual lots or parcels
• In expansions to existing manufactured home parks or subdivisions,
• In new manufactured home parks or subdivisions or
• In substantially improved manufactured home parks or subdivisions; or
• Outside of a manufactured home park or subdivision,
• In an existing manufactured home park or subdivision on a site upon which a manufactured home
has incurred “substantial damage” as the result of a flood,
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All Manufactured homes must be:
(i) Elevated on a permanent foundation, and
(ii) Have its lowest floor elevated no lower than one (1) foot above the level of the base flood elevation,
and
(iii) Be securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.
(2) Except manufactured homes that have incurred substantial damage as a result of a flood, all
manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be
elevated so that:
(i) The manufactured home is securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement, so that either the:
• The lowest floor of the manufactured home is elevated no lower than one (1) foot above the level
of the base flood elevation, or
• The manufactured home chassis is supported by reinforced piers or other foundation elements of at
least an equivalent strength, of no less than 36 inches in height above the highest adjacent grade.
(3) All recreational vehicles placed on sites located within A, A1-30, AO, AH, and AE on the
community’s Flood Insurance Rate Map (FIRM) must either:
(i) Be on the site fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the permit requirements for new construction of this chapter including anchoring and elevation
requirements for “manufactured homes”.
A recreational vehicle is ready for highway use if it is licensed and insured in accordance with the State of
Kentucky motor vehicle regulations, is on it wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions.
5) Floodways. Located within areas of special flood hazard established in § 151.07 are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and has erosion potential, the following provisions shall apply:
Prohibit encroachments, including fill, new construction, substantial improvements and other developments
unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating
that encroachments shall not result in any increase in the base flood elevation levels during occurrence of base flood
discharge;
If §151.41 (5) is satisfied, all new construction and substantial improvements and other proposed new
development shall comply with all applicable flood hazard reduction provisions of this subchapter.
6)
Standards for Utilities.
a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
(i)
Infiltration of flood waters into the systems, and
(ii)
Discharge from the system into flood waters.
b) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from
them during flooding.
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7) Structures Elevated on Fill. A residential or non-residential structure may be constructed on permanent fill
in accordance with the following:
a) The lowest floor (including basement) of the structure or addition shall be no lower than one (1) foot above
the base flood elevation;
b) The fill shall be placed in layers no greater than one foot deep before compacting and should extend at least
ten feet beyond the foundation of the structure before sloping below the base flood elevation, said slope being no
greater than a 2:1 ratio unless a stability analysis is provided by a registered professional engineer;
c) The top of the fill shall be no lower than one (1) foot above the base flood elevation. However, the ten-foot
minimum may be waived if a structural engineer certifies an alternative method to protect the structure from damage
due to erosion, scour, and other hydrodynamic forces;
d) The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties;
e) All new structures built on fill must be constructed on properly designed and compacted fill (ASTM D-698
or equivalent) that extends beyond the building walls before dropping below the base flood elevation and has
appropriate protection from erosion and scour. The design of the fill or the fill standard must be approved by a
licensed professional engineer; or
f) If the community adopts and enforces the soil testing and compaction requirements set fourth by the
Standard, Uniform, or National building Codes or the International Residential and Building Codes, it may qualify
for additional CRS credit.
8) Vegetative Buffer Strips (Riparian Zones). For all activities involving construction within 25 feet of the
channel, the following criteria shall be met:
a) A natural vegetative buffer strip shall be preserved within at least 25 feet of the mean high water level of
the channel.
b) Where it is impossible to protect this buffer strip during the construction of an appropriate use, a vegetated
buffer strip shall be established upon completion of construction.
c) The use of native riparian vegetation is preferred in the buffer strip. Access through this buffer strip shall
be provided for stream maintenance purposes.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.42 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATION
(UNNUMBERED A ZONES) AND/OR FLOODWAYS.
Located with the special flood hazard areas established in §151.07, where streams exist but where no base flood
data has been provided or where base flood data has been provided without floodways, the following provisions
apply:
1) No encroachments, including fill material or structures shall be located within special flood hazard areas,
unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development will not increase the
water surface elevation of the base flood more than one foot at any point within the community. The engineering
certification should be supported by technical data that conforms to standards hydraulic engineering principles.
2) New construction or substantial improvements of structures shall be elevated or flood proofed to elevations
established in accordance with §151.07.
(Ord. No. 27-2007, passed 07-16-07)
§ 151.43 STANDARDS FOR SHALLOW FLOODING ZONES.
Located within the special flood hazard areas established in § 151.07, are areas designated as shallow flooding
areas. These areas have flood hazards associated with base flood depths of one to three feet (1-3’), where a clearly
defined channel does not exist and the water path of flooding is unpredictable and indeterminate; therefore, the
following provisions apply:
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1)
All new construction and substantial improvements of residential structures shall:
a) Have the lowest floor, including basement, elevated to or above either the base flood elevation or in
Zone AO the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade. In Zone AO,
if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above
the highest adjacent grade.
2) All new construction and substantial improvements of non-residential structures shall:
a) Have the lowest floor, including basement, elevated to or above either the base flood elevation or in
Zone AO the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade. In Zone AO,
if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above
the highest adjacent grade.
b) Together with attendant utility and sanitary facilities be completely floodproofed either to the base
flood elevation or above or, in Zone AO, to or above the specified flood depth plus a minimum of one foot so that
any space below that level is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Certification is required as stated in §151.41 (2).
(Ord. No. 27-2007, passed 07-16-07)
§ 151.44 STANDARDS FOR SUBDIVISION PROPOSALS.
1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood
and be consistent with the need to minimize flood damage;
2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage;
3)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
4) In areas where base flood elevation and floodway data is not available (Zone A or unmapped streams), base
flood elevation and floodway data for subdivision proposals and other proposed development (including manufactured
home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall be provided.
5) All subdivision plans will include the elevation of proposed structure(s) and lowest adjacent grad. If the site
is filled above the base flood elevation, the lowest floor and lowest adjacent grade elevations shall be certified by a
registered professional engineer or surveyor and provided to the Floodplain Administrator.
6) All new subdivision proposals shall include streets for emergency access that will be subject to no more
than six inches of flood waters during the 1% annual chance flood (100-year flood).
(Ord. No. 27-2007, passed 07-16-07)
§151.45 STANDARDS FOR ACCESSORY STRUCTURES IN ALL ZONES BEGINNING WITH THE
LETTER “A”.
For all accessory structures in special flood hazard areas designated “A” the following provisions shall apply:
1)
2)
3)
inch per
Structure must be non-habitable;
Must be anchored to resist floatation forces;
Will require flood openings/vents no more than one foot above grade, total openings are to be one square
one square foot of floor area, at least two openings required on opposite walls;
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4) Built of flood resistant materials below a level one (1) foot above the base flood elevation;
5) Must elevate utilities above the base flood elevation;
6) Can only be used for storage or parking;
7) Cannot be modified for a different use after permitting.
(Ord. No. 27-2007, passed 07-16-07)
§151.46 CRITICAL FACILITIES.
Critical facilities shall be constructed on properly compacted fill and have the lowest floor (including basement)
elevated at least one foot above the elevation of the 500-year flood. A critical facility shall have at least one access
road connected to land outside the 500-year floodplain that is capable of supporting a 12,500 pound vehicle. The top
of the road must be no lower than six inches (6”) below the elevation of the 500-year floodplain.
(Ord. No. 27-2007, passed 07-16-07; Am. Ord. No. 32-2008. passed 09-17-07)
§ 151.47 APPEALS AND VARIANCE PROCEDURES.
1) Nature of Variances: The variance criteria set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may
be granted for a parcel of property which physical characteristics so unusual that complying with the requirements of
this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City Council of Elizabethtown, Kentucky to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that
variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term
goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore,
the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
2)
Designation of variance and appeal board:
a) The City Council of Elizabethtown, Kentucky shall establish an Appeal Board consisting of the City
Engineer, Director of Planning & Development, the Executive Assistant to the Mayor and one designated member of
the City Council.
3)
Duties of variance and appeals board:
a) The Appeals Board shall hear and decide requests for variances from the requirements of this chapter
and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or
administration of this chapter.
b) Any person aggrieved by the decision of the Appeals Board or any taxpayer may appeal such decision
to the Hardin Circuit Court, as provided in Kentucky Revised Statutes.
(Am. Ord. No. 32-2007. passed – 09-17-07)
2008-S-1
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4) Appeals/Variance Procedures: In passing upon such applications, the Appeal Board shall consider all
technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and the:
a) Danger that materials may be swept onto other lands to the injury of others;
b) Danger to life and property due to flooding or erosion damage;
c) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
on the existing individual owner and future owners of the property;
d) Importance to the community of the services provided by the proposed facility;
e) Necessity that the facility be located on a waterfront, in the case of functionally dependent facility;
f) Availability of alternative locations which are not subject to flooding or erosion damage;
g) Compatibility of the proposed use with existing and anticipated development;
h) Relationship of the proposed use to the comprehensive plan and floodplain management program for
that area;
i) Safety of access to the property in times of flood for ordinary and emergency vehicles;
j) Expected height, velocity, duration, rate of rise, and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the site; and,
k) Costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
5) Conditions for Variances: Upon consideration of the factors listed above and the purposes of this chapter,
the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the
purposes of this chapter.
a) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels
during the base flood discharge would result.
b) Variances shall only be issued upon a determination that the variance is the “minimum necessary” to
afford relief considering the flood hazard. “Minimum necessary” means to afford relief with a minimum of deviation
from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means
the City Council of Elizabethtown, Kentucky need to grant permission for the applicant to build at grade, or even to
whatever elevation the applicant proposes, but only to that elevation which the City Council of Elizabethtown,
Kentucky believes will both provide relief and preserve the integrity of the local ordinance.
c) Variances shall only be issued upon determination that the variance is the “minimum necessary” to
afford relief considering the flood hazard. In the instance of an historical structure, a determination shall be made that
the variance is the minimum necessary to afford relief and not destroy the historic character and design of the
structure.
d) Variances shall only be issued upon:
(i)
A showing of good and sufficient cause;
(ii)
A determination that failure to grant the variance would result in exceptional hardship to the
applicant (as defined in this chapter); and
(iii)
A determination that the granting of a variance will not result in increased flood height,
additional threats to public safety, cause extraordinary public expense, create nuisance (as defined in the definition
section under “Public safety and nuisance”), cause fraud or victimization of the public (as defined in the definition
section) or conflict with existing local laws or ordinances.
e) Any applicant to whom a variance is granted shall be given written notice specifying the difference
between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of
flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
f) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances
to the Federal Emergency Management Agency (FEMA) and the Federal Insurance Administration (FIA) upon
request.
g) Variances may be issued for new construction, substantial improvement, and other proposed new
development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 6.3 A
through 6.3 E are satisfied and that the structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public safety and does not create a public
nuisance.
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6) Variance Notification: Any application to whom a variance is granted shall be given written notice over
the signature of a community official that:
a) The issuance of a variance to construct a structure below the base flood elevation will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and;
b) Such construction below the base flood level increases risks to life and property. A copy of the notice
shall be recorded by the Floodplain Administrator in the Office of the County Clerk of Hardin County and shall be
recorded in a manner so that it appears in the chain of title of the affected parcel of land.
c) The Floodplain Administrator shall maintain a record of all variances actions, including justification
for their issuance, and report such variances issued in the community’s biennial report submission to the Federal
Emergency Management Agency.
7) Historic Structures: Variances may be issued for the repair or rehabilitation of “historic structures” (see
definition) upon determination that the proposed repair or rehabilitation will not preclude the structure’s continued
designation as a historic structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
8) No Impact Certification within the Floodway: Variances shall be issued within any mapped or
designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. No. 27-2007, passed 07-16-07)
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter
be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as
a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall not affect the validity of the chapter as a whole, or any party thereof
other than the section so declared to be unconstitutional or invalid.
(Ord. No. 27-2007, passed 07-16-07)
2008-S-1
CHAPTER 152: MOBILE HOMES AND MOBILE HOME PARKS
Section
152.01
152.02
152.03
152.04
Standards for placement of mobile homes on lot
Compliance; inspection required
Compliance with standards as prerequisite to supplying of utilities
Failure to comply deemed nuisance; procedure for abatement
§ 152.01 STANDARDS FOR PLACEMENT OF MOBILE HOMES ON LOT.
(A) Piers and footings. All mobile homes shall be placed or located on piers and footings. All piers and
footings shall be spaced not more than ten feet apart, with end piers no further than five feet from the ends of the
mobile home unit. The minimum requirement for footers shall be 16 inches square, with a depth of at least four
inches of solid concrete. Piers shall not exceed 40 inches in average height, and shall be constructed of open- or
closed-cell concrete blocks, and shall measure at least eight inches in depth, eight inches in width and 16 inches in
length. The open cells shall be vertically placed upon the footers. All single-stacked piers shall be installed with the
16-inch dimension perpendicular to the main frame of the mobile home. The piers shall be covered with a two-inch
by 18-inch by 16-inch wood or concrete cap. All corner piers shall be double-blocked, with blocks interlocked and
capped with a solid concrete block or the equivalent measuring four inches in depth, 16 inches in width and 16 inches
in length.
(B) Ties. All mobile homes shall be secured by at least six frame ties and at least three over-the-top ties, and
shall be secured to the anchors as set out below. Double-wide mobile home units will be subject to the above
requirements, with frame ties placed along the outer side walls of each unit. All ties shall consist of cable or metal
strapping or other methods approved by the Building Inspector, and shall be fastened to ground anchors and drawn
tight with turnbuckles or other adjustable tension devices with the ground anchor. All ties shall be evenly spaced as
practicable along the entire length of the mobile home, with not more than five feet open-end spacing at each end.
All add-on or expandable sections of mobile homes shall have at least two vertical ties at each exposed end.
(C) Anchors. All ground anchors, including the means for attaching ties, shall be located to effectively match
the anchoring system; and all anchors shall be installed to a depth of not less than three feet. The complete tie-down
components used, including the anchor system, shall be able to withstand at least 4,800 pounds pull, or greater,
without failure.
§ 152.02 COMPLIANCE; INSPECTION REQUIRED.
The City Building Inspector or other person designated by the City Council of the city shall inspect all mobile
homes to determine if there is compliance with the above standards.
('73 Code, § 13-22) (Ord., passed 3-21-77)
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§ 152.03 COMPLIANCE WITH STANDARDS AS PREREQUISITE TO SUPPLYING OF UTILITIES.
City utilities shall not be supplied to any mobile home occupant or owner until the building official has
determined that the minimum requirements set out herein have been met.
('73 Code, § 13-23) (Ord. passed 3-21-77)
Cross-reference:
Notice of installation of utility company, § 50.01
§ 152.04 FAILURE TO COMPLY DEEMED NUISANCE; PROCEDURE FOR ABATEMENT.
(A) It shall be deemed a nuisance for any owner or occupant of any mobile home in the city to use any mobile
home which is in violation of the standards set out in § 152.01. The City Building Inspector or other official
designated by the City Council shall inspect any and all mobile homes in the city to determine if a nuisance has
occurred. If, in his/her opinion, the provisions of § 152.01 are not complied with, the owner and/or occupant of the
mobile home shall be given a notice that a hearing will be held in seven days in the state district court to determine
whether or not a nuisance exists and to show cause why utilities should not be terminated or shut off to the particular
mobile home.
(B) Upon a finding by the court that a nuisance exists in violation of this section, the court may order the owner
and/or occupant to abate the nuisance and/or he/she may order the utilities to the premises terminated or shut off.
1995 S-1 Repl.
CHAPTER 153: PLANNING
Section
153.01
153.02
Comprehensive plan adopted by reference
Planning Commission
§ 153.01 COMPREHENSIVE PLAN ADOPTED BY REFERENCE.
(A) The comprehensive plan for the city, as officially adopted by the Elizabethtown Planning Commission on
August 9, 1988, and updated on November 23, 1993, and officially titled “Elizabethtown, Kentucky, Comprehensive
Plan 2010,” is hereby adopted by reference and incorporated into this code of ordinances as if fully set forth herein.
The plan was adopted in conformance with the requirements of KRS Chapter 100. In conformance with the
requirements of KRS 100.193, the City Council adopted the statement of goals and objectives, included in the
comprehensive plan, on January 18, 1988, and by ordinance on August 15, 1988.
(B) The comprehensive plan contains the following:
(1) Introduction;
(2) Issue and analysis;
(3) Goals and objectives;
(4) Land use plan;
(5) Community facilities plan;
(6) Transportation plan;
(7) Economic plan;
(8) Land use map; and
(9) Action plan.
(C) Copies of the plan are available in the office of the Department of Planning and Development.
('73 Code, § 17½-11) (Ord. 30-1988, passed 8-15-88)
§ 153.02 PLANNING COMMISSION.
There is hereby re-established and reconfirmed the Planning Commission pursuant to KRS 100.133, et seq. The
Planning Commission shall consist of five voting members. The term of office for members
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28
of the Planning Commission shall be four years, but the term of office of members first appointed shall be staggered
so that a proportionate number shall serve one, two, three and four years respectively, and later appointments or reappointments shall continue the staggered pattern. An ex officio member of the Planning Commission shall be a
member of the City Council whose term in office shall be the same as his/her official tenure as a member of the City
Council. Any vacancies created herein shall be filled pursuant to KRS Chapter 100. The jurisdiction of the Planning
Commission shall be the city limits and all extraterritorial jurisdiction it has under the law.
('73 Code, § 2-9) (Ord., passed 7-6-70; Am. Ord., passed 6-20-83)
CHAPTER 154: PROPERTY MAINTENANCE CODE
Section
154.01
154.99
Adoption by reference
Penalty
§ 154.01 ADOPTION BY REFERENCE.
(A) The Property Maintenance Code of the city, as attached to Ord.10, passed 5-20-96, as promulgated by the
National Building Officials Code Administrators (BOCA), of 1993, except for the modifications of same set out in
Exhibit “A” attached to Ord. 10, passed 5-20-96, namely those sections that provide for an Appeals Board,
penalties, windows, bedroom accessibility, egress lighting and electrical receptacles; the remainder of this code
being set out in Exhibit “A” is hereby adopted by reference and incorporated into this code of ordinances as if fully
set forth herein.
(B) Copies of said Property Maintenance Code are available for public inspection during normal hours at the
office of the City Clerk.
(Ord. 10, passed 5-20-96)
§ 154.99 PENALTY
Where appropriate, and not in conflict with any other penalty section, the enforcing agency, department or
(Ord. 19-2003, passed 06-23-2003)
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2003-S-4
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CHAPTER 155: ZONING CODE
Section
155.01
155.02
Zoning ordinance adopted by reference
Board of Adjustment
§ 155.01 ZONING ORDINANCE ADOPTED BY REFERENCE.
(A) From and after the passage, approval and publication of this ordinance, it appearing that the existing zoning
ordinance for the city was originally passed on July 2, 1973, and it appearing that the necessary prerequisites for
passage of this ordinance have been met according to law, including public hearings, research and due consideration,
that the zoning ordinance attached to an ordinance, passed June 16, 2008, designated Exhibit A and made a part
hereof as if printed herein, word for word, is enacted as the official zoning ordinance for the city and all ordinances
and amendments thereto existing or in conflict herewith are repealed.
(Am. Ord. 06-2008, passed 06-16-08)
(B) A copy of the zoning ordinance, as amended, is on file in the office of the City Clerk.
('73 Code, § 17½-1)
§ 155.02 BOARD OF ADJUSTMENT.
There is created the Board of Adjustment for the city and any extraterritorial jurisdiction, pursuant to KRS
100.217, consisting of five members. Their terms in office shall be four years each, but the term of office for
members first appointed shall be staggered so that a proportionate number serve one, two, three and four years,
respectively. Vacancies on the Board of Adjustment shall be filled pursuant to KRS 100.217.
('73 Code, § 2-10) (Ord., passed 7-6-70; Am. Ord., passed 11-17-75; Am. Ord., passed 4-15-85)
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2008-S-2
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CHAPTER 156: CELLULAR TOWER APPLICATION FEES
Section
156.01
156.02
Purpose
Fees & Review
§ 156.01 PURPOSE
The City of Elizabethtown through its Planning Commission has adopted a Comprehensive Plan, Zoning
Ordinance and Subdivision Regulations.
The above-mentioned regulations are designed to protect the public health, safety and welfare of the citizens
of Elizabethtown.
The Kentucky General Assembly in the 2002 Legislative Session, passed House Bill 270 concerning cellular
antenna tower regulations that states that a planning commission shall not: Charge an application fee that exceeds an
amount that is reasonably related to expenses associated with processing an application to construct a cellular
antenna tower, and to issue any necessary permits including any required building permit, up to a maximum of
$2,500. Application fee amounts shall not be raised after June 15, 2002.
The City of Elizabethtown Planning Commission and Department of Planning & Development have the
responsibility of regulating the location, development and construction of cellular antenna towers and the
accompanying ground facilities. (Ord. 10-2002, passed 06-10-2002)
§156.02 FEES & REVIEWS
The application fees for this review and approval of cellular antenna tower facilities shall be established at
$2,500.00 and may be include, but not limited to, the following:
(1) Technical review of proposed cellular antenna tower location and associated engineering studies and analysis.
(2) Compliance with Elizabethtown regulations which may include a public hearing to evaluate the request and seek
public participation to determine the impacts on the proposed neighborhood and Elizabethtown.
(3) A Development Plan must be completed by the applicant, reviewed by the appropriate City staff and granted
approval prior to the construction activities.
(4) Submittal of a landscape plan consisting of specified plant materials shall be reviewed by the appropriate City
staff and granted approval. The plan shall provide for reduced visibility of the tower and ground facilities from
adjoining properties.
(5) Payment of building inspection fees for review of the construction plans and performance of on site inspections
with the issuance of a Certificate of Occupancy reflective of the facility being in compliance with the Kentucky
Building Code.
(6) Payment of electrical inspection fees to assure compliance with the 2002 National Electrical Code adopted by the
Commonwealth of Kentucky.
(7) General administration of the management of a financial security to cover the cost of maintaining the facility and
the removal of the tower and facility if it is abandoned, damaged or destroyed.
With the above-mentioned components of the fees charged by the City of Elizabethtown, it is understood that
any unused portions of the fee charged will be refunded to the applicant. (Ord. 10-2002, passed 06-10-2002)
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2002-S-1
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CHAPTER 157: EROSION PREVENTION & SEDIMENT CONTROL
Section
157.01
157.02
157.03
157.04
157.05
157.06
157.07
157.08
157.09
157.10
Introduction/Purpose
Definitions
Permits
Review and Issuance
Erosion Prevention and Sediment Control Plan
Design Requirements
Inspection
Enforcement
Severability
Effective Date
§ 157.01 Introduction/Purpose.
The purpose of this Ordinance is to safeguard persons, protect property, and prevent damage to the
environment in the City of Elizabethtown. This Ordinance will also promote the public welfare by guiding,
regulating, and controlling the design, construction, use and maintenance of any development or other activity that
disturbs the soil or results in the movement of earth within the City of Elizabethtown.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other
desirable species. Left unchecked, eroded soil migrates through the entire stormwater system and necessitates the
early maintenance and/or repair of inlet boxes, storm sewers, ditches, creeks, and other stormwater features. Streets
with sediment deposits are slick and hazardous to the motoring public. Clearing and grading during construction
cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
Through the Clean Water Act (CWA), the United States Environmental Protection Agency (EPA) and the
Kentucky Division of Water (KYDOW) established Phase II regulations and mandated Erosion Protection and
Sediment Control (EPSC) procedures for construction within the Commonwealth of Kentucky.
(Ord. No. 01-2007, passed 03-05-07)
Best Management Practice (BMP) – A measure that is implemented to protect water quality and reduce the
potential for pollution associated with storm water runoff.
Blue Line Streams – Streams that are represented on the United States Department of the Interior Geological
Survey 1:24,000 quadrangle maps.
Channel – A natural or constructed/manmade watercourse with definite bed and banks to confine and
conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of
the defined channel.
City – City of Elizabethtown, Kentucky.
Clean Water Act (CWA) – Federal Regulation that prohibits the discharge of pollutants to Waters of the
United States unless said discharge is in accordance with an NPDES permit.
Clearing – Any activity that removes the vegetative surface cover to expose erodible soil.
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2008-S-1
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Critical Area – A site difficult to stabilize due to exposed subsoil, steep slope, extent of exposure, or
other conditions.
Detention – The temporary delay of storm runoff prior to its discharge into receiving waters.
Developer – Any individual, firm, corporation, association, partnership, or trust involved in
commencing proceedings to effect development of land.
Drainage Basin – A part of the surface of the earth that is occupied by and provides surface water
runoff, consisting of a surface stream or a body of impounded surface water together with all tributary surface
streams, bodies of impounded surface water, and contributing land area.
Drainage Way – Any channel that conveys surface runoff throughout the site.
Drainage/Dry Well – A bored, drilled, driven, dug, or naturally occurring shaft or hole with a depth
greater than the largest surface dimension; used to drain surface water into a subsurface formation.
Ephemeral Stream – A stream or part of a stream that flows only in direct response to rain, other forms
of precipitation, and snowmelt. Its channel is above the water table at all times.
Erosion – The wearing away of land surface by the action of wind, water, gravity, ice, or any
combination of those forces.
EPSC – Erosion Prevention and Sediment Control
EPSC Contractor – A person or other entity responsible for the installation, inspection, record-keeping,
and maintenance of erosion and sediment control BMP’s.
EPSC Plan – A set of plans indicating the specific measures and sequencing to be used to control
sediment and erosion on a development site during and after construction.
Excavation – Any portion of land surface or area from which earth has been removed or will be
removed; the depth below original ground surface to remaining surface.
Existing Grade – The slope or elevation of existing ground surface prior to cutting or filling.
Fill – Portion of land surface or area to which soil, rock, or other materials have been or will be added;
height above original ground surface after the material has been or will be added.
Finished Grade – The final slope or elevation of the ground surface after cutting or filling.
Flood Plain – The relatively flat or lowland area adjoining a watercourse or a body of water which has
been or may be covered temporarily by floodwater. Flood plains are often found along rivers, streams, creeks,
ditches, and stormwater piping systems and in proximity to lakes, ponds, and sinkholes.
Grading – Any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or
filled condition, to create new grades.
Impervious Surface – A term applied to any ground or structural surface that water cannot penetrate or
through which water penetrates with great difficulty.
2008-S-1
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KYDOW General Permit (KGP) – An agreement between the KYDOW, the City, and the Permittee
which specifies conservation practices that shall be implemented in conjunction with the construction activities
specified in the terms and conditions of the general permit.
Land Disturbance – The purposeful act of clearing, grubbing, excavating or grading; disrupting ground
surface by or for construction activities, including construction access/roads, staging, and storage sites producing
significant areas of exposed soil and soils piles.
National Pollutant Discharge Elimination System (NPDES) – EPA’s program to control the discharge
of pollutants to waters of the United States. NPDES is a part of the Federal CWA, which requires point and nonpoint source dischargers to obtain permits. These permits are referred to as NPDES permits nationally and
KPDES permits within Kentucky.
Notice of Intent (NOI) – A formal notice to the EPA or the KYDOW that a construction project seeking
coverage under a General Permit is about to begin.
Notice of Termination (NOT) – A formal notice to the KYDOW that construction project is complete
and seeking release for the EPSC and the State General Permit.
Perimeter Control – A barrier that prevents sediment from leaving a site by filtering sediment-laden
runoff or diverting it to a sediment trap or basin.
Permit Phasing – Clearing a parcel of land sequentially in distinct phases, with the stabilization of each
phase completed before the clearing of the next.
Permittee – Shall mean the “Person Responsible for the Land Disturbing Activity”.
Plot Plan – A limited plan depicting proposed improvements and other physical features of the site.
Public Storm Drain – Drainage system that is maintained by the City.
Sediment – Solid materials, both mineral and organic, that is in suspension, is being transported, or has
been moved from its site of origin by air, water, or gravity as a product of erosion.
Sediment Control – Measures that prevent eroded sediment from leaving a site.
Site – A parcel or contiguous parcels of land where grading work is performed that is subject to erosion
of sediments as a result of cutting, filling, grading, or other disturbance of the soil.
sMS4 – Small Municipal Separate Storm Sewer System as established in the Kentucky Pollution
Discharge Elimination System (KPDES).
Stabilization – The use of practices that prevent exposed soil from eroding.
Start of Construction – The first land-disturbing activity associated with a development, including land
preparation such as clearing, grading, and filling; stockpiling topsoil; installation of streets and sidewalks;
utilities installation; excavation for basements, footings, piers, or foundations; erection of temporary forms; and
installation of accessory buildings such as garages.
Storm Water Management Plan (SWMP) – A plan based on hydrologic and hydraulic calculations that
determines flood stage and required improvements to minimize impact from development. The SWMP shall be
prepared by or under the direction of a licensed professional engineer.
2008-S-1
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Storm Water Pollution Prevention Plan (SWPPP) – A plan required by storm water regulations or
permits that includes site map(s), an identification of construction/contractor activities that could cause pollutants
in the storm water, and a description of measures or practices to control these pollutants. This is synonymous
with the term “BMP Plan” used in the KYDOW General Permit. The SWPPP shall be prepared by or under the
direction of a licensed professional engineer.
Temporary Protection – Short-term stabilization of erosive or sediment producing areas.
Vegetative Protection – Stabilization of erosive or sediment producing areas by covering the soil with
any of the following materials: permanent seeding for long-term vegetative cover, short-term seeding for
temporary vegetative cover, sodding, producing areas covered with a turf of perennial sod-forming grass, tree
planting, or other planting.
Watercourse – Any body of water, including, but not limited to lakes, ponds, rivers, streams, and other
bodies of water as delineated by the City, State, or Federal government.
Waterway – A channel that directs surface runoff to a watercourse or to the public storm drain.
(Ord. No. 01-2007, passed 03-05-07)
§ 157.03 Permits.
A.
Permits through the City are required for site construction projects and/or land disturbances. Depending
on the amount of disturbed area, various permits are necessary. Permit levels and parameters are as
follows:
1) Level 1: Site construction less than one disturbed acre, increased impervious area less than or
equal to 6,000 square feet, and slopes less than 6% requires filing for a permit. This permit shall be
accompanied by a Plot Plan with Erosion Prevention and Sediment Control measures indicated. All
permits for commercial, industrial, and multi-family residential sites shall include a grading plan.
All permits in proximity to a major stormwater feature, such as a creek or stormwater culvert, shall
include a grading plan showing the proposed minimum finished floor (opening) relative to the
anticipated high water elevation.
2) Level 2: Site construction less than one disturbed acre and increased impervious area greater than
6,000 square feet or with slopes greater than or equal to 6% requires filing for a permit. The
permit shall be accompanied by a Grading Plan and an Erosion Prevention and Sediment Control
Plan.
3) Level 3: Site construction of one disturbed acre or greater, including a linear disturbance from
utility construction, requires filing for a permit accompanied by a Grading Plan, an Erosion
Prevention and Sediment Control Plan, a SWPPP Plan, and a Copy of the Kentucky Division of
Water Notice of Intent (NOI) for the site.
4) Level 4: Utility Companies shall apply for a general permit from the City for land disturbance
operations. This permit must be renewed every 5 years. A NOI shall be obtained from the
KYDOW for disturbance of one acre or greater.
B.
Notice to the City is required that the contractor has coordinated with the KYDOW and the US Army
Corps of Engineers to determine whether permits are required from those agencies before construction
begins.
C.
No permit through the City is required for the following activities:
1)
2008-S-1
Any emergency activity that is immediately necessary for the protection of life, property, or natural
resources.
2)
39
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
However, permitting through regional, state, and federal agencies may be required.
D.
Each application shall bear the name, address, and telephone information for the following parties: the
owner, the developer of the site, the general contractor for the site, the EPSC contractor, and any
engineering consultant retained for work on the site.
E.
Each application shall include a statement that any land clearing, construction, or development involving
the movement of earth shall be in accordance with the EPSC Plan and the EPSC contractor shall be
responsible for implementing and maintaining all aspects of the plan.
F.
The application shall be accompanied by the permit fee as established by this ordinance: Level 1 - $25,
Level 2 - $50, Level 3 - $100, and Level 4 – in accordance with the existing franchise agreement.
(Ord. No. 01-2007, passed 03-05-07)
§ 157.04 Review and Issuance.
A.
The City will review each permit application to determine its conformance with the provisions of this
ordinance. Acceptance indicates that minimum requirements or intent are met and does not imply a
guarantee of performance. Based on the review of the permit application, the City will:
1) Accept the permit application
2) Accept the permit application subject to such reasonable conditions as may be necessary to meet the
requirements or intent of the objectives of this ordinance, and issue the permit subject to these
conditions; or
3) Deny the permit application, indicating the reason(s) and procedure for submitting a revised
application and/or submission.
B.
The City reserves the right to inspect the site prior to any construction activity in furtherance of the
review process.
C.
The City acceptance of the permit is for general compliance with the KPDES sMS4 program. The
designer is ultimately responsible for the specific details of design of the EPSC plan. The property owner
remains responsible for the implementation, maintenance, and compliance recordkeeping for the EPSC
plan.
(Ord. No. 01-2007, passed 03-05-07)
§ 157.05 Erosion Prevention and Sediment Control Plan.
A.
The EPSC Plan shall include the following:
1) A natural resources map identifying soil types, forest cover, topography, and other natural features
of concern. This map should be to scale equivalent to balance of submittal.
2) A schedule of events for the construction of the development site, including stripping and clearing,
rough grading, construction of utilities, infrastructure, final grading and landscaping. Sequencing
shall identify the expected date on which clearing will begin, the estimated duration of exposure of
cleared areas, areas of clearing, installation of temporary EPSC measures, and establishment of
permanent vegetation.
3) All EPSC measures necessary shall be shown on the plan by location and referred to by a legend
for all phases of construction. Depending upon the complexity of the project, the drafting of interim
plans may be required at the close of each season. Multiple EPSC plan sheets may be necessary to
best convey requirements for each phase.
2008-S-1
40
4)
5)
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates,
type and rate of lime and fertilizer application, and type and quantity of mulching for both
temporary and permanent vegetative control measures.
Provisions for maintenance of control facilities, including easements and estimates of the cost of
maintenance.
B.
Modification to the plan shall be processed and accepted or denied in the same manner as Section IV of
this ordinance and authorized by the City by written authorization to the permittee, and shall include:
1) Major amendments of the EPSC plan shall be submitted to the City for acceptance.
2) Field modifications of a minor nature shall require authorization by the City and shall be noted and
dated on the EPSC record drawings. Where minor modifications prove to be ineffective, the EPSC
contractor shall return to the intent of the original plan within seven (7) days of notification by the
inspector.
(Ord. No. 01-2007, passed 03-05-07)
§ 157.06 Design Requirements.
A.
The plan for any permitted land disturbance operation shall be designed using sound engineering practice
and shall met the minimum criteria set forth in the most recent version of the City’s Subdivision
Regulations, Storm Water Manual, and other City stormwater design guidelines. The plan, when
implemented, shall be sufficient to control erosion and prevent sediment from leaving the site. Cut and
fill slopes shall be no greater than 3:1, except as approved by the City to meet other community or
environmental objectives.
B.
Clearing and grading of natural resources, such as forests and wetlands, and other natural features of
concern shall not be permitted, except when in compliance with all section this ordinance as well as any
regional, state and federal regulation. Clearing techniques that retain natural vegetation, drainage
patterns, and buffers along streams as described by the City Storm Water Manual, shall be used where
possible.
C.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment
control devices have been installed and have been stabilized.
D.
Phasing shall be required on all sites disturbing greater than 50 acres, with the size of each phase to be
established at plan review and approved by the City.
E.
Erosion Prevention BMP requirements:
1) Soil stabilization shall be completed within fourteen days of final grade work. If an area is left
inactive for twenty-one days or more the area shall have temporary stabilization.
2) If seeding or other vegetative erosion prevention methods are used, vegetation shall become
established within three weeks. If a satisfactory stand of vegetation is not established, the site shall
be reseeded or an approved non-vegetative employed.
3) Special techniques such as rip rap, turf reinforcement, armoring, and other stabilization methods
that meet the design criteria outlined in the City Storm Water Manual shall be used on steep slopes
or in drainage ways to ensure stabilization.
4) Soil stockpiles must be stabilized or covered and have sediment control measures in place to control
sediment movement. Stock-piles left for 21 days or more shall have temporary stabilization or
vegetation established.
5) When no construction is planned during the winter months, the entire site shall be stabilized at the
close of the construction season. A heavy mulch layer or other approved stabilization method that
does not rely on seed germination, shall be placed to control sediment and prevent erosion.
2008-S-1
41
6)
Minimize clearing and grading to the smallest possible area. Preserve existing vegetation and trees
to the maximum extent possible.
7) Areas to be left undisturbed by the proposed construction shall be clearly noted and delineated on
the plans and protected with temporary fencing, or other approved barrier, on the site.
8) Vegetative buffer strips in combination with other perimeter controls shall be used for the
protection of adjacent properties, watercourses, and rights of way.
9) Measures shall be implemented to control sedimentation deposits into drainage structures and
features, receiving water bodies, streets, streets right-of-ways, adjacent properties, and natural karst
features.
10) In no case shall the placement of temporary or final seeding exceed 120 days after the original
disturbance.
F.
Sediment Control BMP Requirements:
1) Dust control techniques shall be employed to prevent the blowing of dust by air movements during
land disturbance, demolition, and other construction activities.
2) Diversion of upland runoff past disturbed slopes shall be implemented when effective.
3) Settling basins, sediment traps, tanks and/or perimeter controls shall be implemented as required to
control sediment, consistent with the City Storm Water Manual.
4) Effective debris and trash management shall be required.
G.
Waterway, watercourse, ephemeral stream, and public storm, and public storm drain protection
requirements shall include the following:
1) When a watercourse will be crossed regularly during construction, install a temporary stream
crossing as approved by the Kentucky Division of Water and/or the City.
2) Stabilization of the watercourse channel before, during, and after any in-channel work.
3) Design of all on-site storm water conveyance channels in accordance with criteria outlines in the
City Storm Water Manual, the Subdivision Regulations, other City stormwater design guidelines,
and sound engineering practice.
4) Stabilization adequate to prevent erosion at the inlets and outlets of all pipes and paved channels.
H.
Construction site access requirements designed to minimize the deposit of sediment or other materials on
public streets and rights-of-way shall include:
1) Continuous access via a stabilized rock entrance, constructed in accordance with the City Storm
Water Manual.
2) A tire wash rack shall be required by the City as necessitated by site traffic.
(Ord. No. 01-2007, passed 03-05-07)
§ 157.07 Inspection.
A.
Plans accepted by the City for site earthwork, including grading, stripping, excavating, and filling, shall
be maintained at the construction site throughout the duration of the work. After EPSC measures have
been installed, the contractor shall contact the City to request a Preconstruction Inspection.
B.
Upon completion of the Preconstruction Inspection and approval of EPSC measures, the permit will be
issued and site construction may commence.
C.
The City shall make inspections as deemed necessary to ensure the EPSC measures are being properly
implemented and maintained during construction. If minimum requirements for the EPSC are not met,
the permittee shall be notified and enforcement actions shall be taken.
2008-S-1
42
D.
The permitee or his/her agent shall make regular inspections of all control measures to determine the
overall effectiveness of the EPSC plan and the need for additional control measures. The frequency of
these inspections shall be once every seven (7) calendar days and before and after storm events of a halfinch (1/2”) of precipitation or more. All inspections shall be documented in written form and kept on the
construction site by the EPSC contractor. Reports should be available for City, State, or Federal
inspections to review upon request during a site inspections.
E.
The city or designated agent shall, by execution of the permit, be granted the right to enter the propery
of the applicant as deemed necessary to make regular inspections and to assure the validity of the reports
filed under sub-section D above.
(Ord. No. 01-2007, passed 03-05-07)
§ Section 157.08 Enforcement.
A.
Stop-Work Order; Revocation of Permit
In the event that any person holding a site development permit pursuant to this ordinance violates the
terms of the permit or implements site development in such a manner as to materially adversely affect
the health, welfare, or safety of the public near the development site or vicinity so as to be materially
detrimental to the public welfare or injurious to property or improvements in the vicinity, the City may
suspend or revoke the site development permit.
B.
Violation and Penalties.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause
the same to be done, contrary to or in violation of any terms of this ordinance. Each day of violation of
this ordinance may be considered a separate occurrence. Any person, partnership or corporation
violating this ordinance may be cited for a civil offense pursuant to the Code Enforcement Board
Ordinance and Fine Schedule. The civil fine shall be paid directly to the City of Elizabethtown. If the
fine is not paid within thirty (30) days from the date of notification, then the City may recover said fine
in a civil action in a court of proper jurisdiction.
The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement
Board. The City may also obtain injunctions or abatement orders to insure compliance with this
ordinance.
Nothing in this section shall negate the ability of the City to pursue applicable civil or criminal penalties
as prescribed by law.
It shall also constitute a violation of this Ordinance to damage or vandalize site erosion prevention and
sediment control measurers that are in place. In addition to any other penalty authorized by this section,
any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance
shall be required to bear the expense of such restoration.
(Ord. No. 01-2007, passed 03-05-07)
§ Section 157.09 Severability.
If any provision, clause, sentence, or paragraph of this Ordinance or its application to any person or
factual context shall be held invalid, that invalidity shall not affect the remaining provisions of this Ordinance,
which may be given effect independent of the provision or application declared invalid.
(Ord. No. 01-2007, passed 03-05-07)
2009-S-1
§ Section 157.10 Effective Date.
This section shall be effective the 12th day of March, 2007.
(Ord. No. 01-2007, passed 03-05-07)
2008-S-1
43
44
PARALLEL REFERENCES
Referencnes to Kentucky Revised Statutes
1
2
Elizabethtown - Parallel References
REFERENCES TO KENTUCKY REVISED STATUTES
KRS Section
Code Section
18A
18A.225 (2)
18A.228
61
61.810
61.870 – 61.884
61.872 – 61.884
62.020
65.067
65.120
65.230
82.082
82.600 - 82.640
82.625
83A
83A.010 (5)
83A.010 (6)
83A.010 (7)
83A.010 (8)
83A.010 (9)
83A.010 (10)
83A.010 (11)
83A.030 (1)
83A.040 (1)
83A.040 (4)
83A.050
83A.060 (5)
83A.060 (6)
83A.065
83A.070
83A.075
83A.080
83A.080 (1)
83A.080 (2)
83A.080 (3)
83A.080 (4)
83A.130 (1)
83A.130 (2)
113.02
113.02
113.02
32.21
33.52
33.56
33.18
31.01
31.01
Ch. 72
33.03
33.03
72.56
72.56
32.20
10.02
10.02
10.02
10.02
10.02
10.02
10.02
30.02
31.21
32.01
31.20
10.17
32.22
10.02
31.02
31.02
33.04
31.35
31.35
31.20
31.20
30.01
30.02
3
2001 S-4
4
2001 S-4
KRS Section
Code Section
83A.130 (3)
83A.130 (4)
83A.130 (5)
83A.130 (7)
83A.130 (8)
83A.130 (9)
83A.130 (10)
83A.130 (11)
83A.130 (12)
83A.130 (13)
83A.175
90.300 - 90.390
91A.010 (8)
91A.360 et seq.
91A.390
95.761
100
100.133 et seq.
100.193
100.217
118
131.010 (6)
183
183.132
183.133
189.010 (19)
189.270
189.338
189.394
189.450 (5)
189.450 (6)
189.725
189.990 (1)
198B.070 (3)
198B.070 (4)
198B.990 (1)
226.010
227.320
227.990 (1)
257.100 (4)
318.990
31.21
31.21
32.20
31.21
31.21
31.21
31.21
32.03, 32.21
32.03
32.03
32.02
37.15
10.02
117.11
117.01
37.15
151.01, 153.01, 153.02
153.02
153.01
155.02
31.20
113.04
34.06
34.06
34.06
70.01
74.02
70.15
Ch. 75, Sched. II
72.03
72.03
72.08
72.99
34.28
34.30
150.99
112.01
72.12
150.99
90.01
150.99
References to Kentucky Revised Statutes
KRS Section
Code Section
344.704
446.010 (1)
446.010 (2)
446.010 (6)
446.010 (7)
446.010 (10)
446.010 (11)
446.010 (12)
446.010 (13)
446.010 (14)
446.010 (18)
446.010 (22)
446.010 (24)
446.010 (26)
446.010 (28)
446.010 (32)
446.010 (34)
446.010 (35)
446.010 (37)
446.020 (1)
446.020 (2)
446.030
446.060
446.080 (1)
446.080 (3)
446.080 (4)
446.100
446.110
446.140
532.090 (1)
534.040 (2)(a)
534.040 (2)(c)
610
610.180
610.200
96.15, 96.17
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.02
10.03
10.03
10.04
10.06
10.03
10.03
10.03
10.08
10.09
10.01
10.02
10.02
10.02
130.01
130.01
130.01
2001 S-4
5
6
REFERENCES TO 1973 CODE
1973 Code Section
1994 Code Section
1-1.1
1-4
1-7
2-1
2-1.1
2-9
2-10
2-13
4-21
4-22
5-1
5-1.1
5-1.2
5-1.3
5-1.4
5-1.5
5-1.7
5-1.8(C)
5-2
5-6
7-14
7-15
7-16
7-17
7-18
7-19
7-20
7-21
7-22
7-23
7-24
7-25
7-26
10-3
10-10
10-11
10-12
13-21
13-22
13-23
10.03
10.12
10.99
32.21
32.20
153.02
155.02
37.02
90.15
90.16, 90.17
150.15
150.15
150.15
150.15
150.15
150.15
150.01
150.17, 150.99
150.03
32.23
95.01
95.02
95.03
95.04
95.05
95.06
95.07
95.08
95.09
95.10
95.11
95.12
95.13
150.99
93.01
93.04
93.05
152.01
152.02
152.03
7
8
1973 Code Section
1994 Code Section
13-24
14-1
14-2
14-3
14-4
14-5
14-6
14-7
14-8
14-9
14-10
14-11
14-12
14-13
14-14
14-15
14-16
14-17
14-18
14-19
14-20
14-20(1)
14-21
14-30
14-31
14-32
14-33
14-34
14-35
14-40
14-40(a)
14-40(b)
14-40(c)
14-40(d)
14-40(e)
14-40(f)
14-51
14-52
14-53
14-54
14-55
14-56
14-57
14-70
14-71
14-72
15-5
152.04
110.01
110.02
110.03
110.04
110.05
110.06
110.07
110.08
110.09
110.10
110.11
110.12
110.13
110.14
110.15
110.16
110.17, 110.99
110.17, 110.99
110.18
110.99
110.18
110.19
113.01
113.02
113.03
113.04
113.05
113.06
111.01
111.02
111.03
111.04
111.05
111.06
111.07
115.01
115.02
115.03
115.04
115.05
115.06
115.07
116.01
116.02
116.03
130.02
1995 S-1 Repl.
1973 Code Section
1994 Code Section
15-6.1
15-7
15-8
15-12
15-13
15-14
15-15
15-30
15-31
15-32
15-33
15-34
15-35
15-37
15-41
15-42
15-45
15-46
16-3.1
16-4
16-6
16-7
16-8
16-9
16-10
17-101
17-108.1
17½-1
17½-11
18-6
18-8
18-51
18-52
18-53
18-54
18-55
18-56
18-57
18-61
18-62
18-63
18-64
18-71
18-72
18-73
18-74
18-80
130.03
37.01
37.01
97.02
97.02
97.03
97.01
96.01
96.02
96.03
96.04
96.05
96.15
96.16, 96.17
114.01
114.02
114.03
114.04
98.01
98.02
98.03
98.04
98.05
98.06
98.07
37.15
37.10
153.01
155.01
91.045
91.046
91.060
91.061
91.062
91.063
91.064
91.065
91.066
91.067
91.067
91.067
91.067
91.068
91.068
91.068
91.068
91.069
9
10
1995 S-1
1973 Code Section
1994 Code Section
18-81
18-82
18-83
18-84
18-91
18-92
18-101
18-102
18-103
18-104
18-111
18-112
18-113
18-114
18-115
19-1.3
19-2
19-3
19-4
19-5
19-5.1
19-7
19-7.1
19-8
19-9
19-10
19-13
19-14
19-14.1
19-15
19-16
19-17
19-26
19-27
19-31
19-32
19-35
19-36
19-38(a)
19-39
19-46
19-49
19-50
19-51
19-52
19-80
91.069
91.069
91.069
91.069
91.070
91.070
91.71
91.71
91.71
91.71
91.072
91.072
91.072
91.072
91.072
74.05
74.05
74.05
74.05
74.05
74.05
74.05
74.05
74.05
74.01
74.02
73.02
74.05
74.05
72.70
74.05
73.01
72.03
72.99
74.03
74.03
72.11
72.12
72.03
72.70
72.50
72.51
72.52
72.53
72.54
71.20
1973 Code Section
1994 Code Section
19-81
19-82
19-83
19-84
19-85
19-86
19-87
19-88
19-89
19-90(a)
19-91
20-2
20-11
20-12
20-13
20-14
20-15
20-15.1
20-16
20-16.1
20-17
20-18
20-19
20-20
20-21
20-32.1
20-39
20-40
20-41
20-42
20-97
21-3
71.21
71.22
71.23
71.24
71.25
71.26
71.27
71.28
71.29
71.30
71.31
50.01
51.01
51.15
51.16
51.17
51.18
51.19
51.20
51.21
51.03
51.02
51.04
51.05
51.06
52.23
52.06
52.20
52.21
52.22
52.99
118.01
11
12
REFERENCES TO ORDINANCES
Ord. No.
Date Passed
Code Section
-
9-4-22
2-1-26
11-6-39
7-7-41
6-1-42
6-3-46
12-2-46
11-6-50
7-2-51
1-1-52
4-7-52
7-21-52
9-20-54
1-16-56
2-20-56
6-4-56
8-20-56
10-1-56
11-19-56
4-1-57
4-20-59
5-18-59
8-17-59
3-21-60
2-17-64
12-17-64
5-1-67
6-19-67
8-21-67
12-2-68
1-6-69
4-21-69
6-16-69
8-4-69
1-19-70
3-2-70
7-6-70
11-2-70
11-9-70
11-16-70
91.046
118.01
97.02, 97.03
91.045
97.01
72.11
72.50 – 72.52
Ch. 75, Sched. I
Ch. 75, Sched. I
32.21
74.01, 74.02
74.03
72.54
Ch. 75, Sched III
72.50
72.50
74.03
Ch. 75, Sched. I
130.02
51.01 – 51.03, 51.20
51.04, 51.05
111.01 – 111.07
73.02
95.01 – 95.13
93.02
93.02
98.05
72.54
71.20 – 71.31
Ch. 75, Sched. I
98.04
50.01
Ch. 75, Sched III
52.06
51.15 – 51.18
98.03
153.02, 155.02
110.01, 110.04, 110.09
110.07
37.01
13
1995 S-1 Repl.
14
Ord. No.
Date Passed
Code Section
28
-
12-7-70
1-18-71
2-1-71
3-15-71
6-21-71
1-3-72
3-6-72
4-3-72
5-5-72
5-15-72
7-17-72
10-17-72
9-17-73
10-1-73
12-3-73
3-18-74
4-15-74
6-17-74
10-21-74
12-18-74
3-17-75
6-2-75
12-4-95
11-17-75
2-23-76
1-3-77
3-21-77
6-6-77
6-5-78
11-6-78
11-20-78
4-2-79
10-8-79
6-16-80
-
10-6-80
12-8-80
12-22-80
6-1-81
6-15-81
8-3-81
10-19-81
4-19-82
7-19-82
10-25-82
2-7-83
6-20-83
150.03, 150.15
110.04, 110.07, 110.09
98.03
Ch. 75, Sched III
98.02
110.02 – 110.19, 110.99
72.53
51.03, 93.01, 150.01, 150.15, 150.17, 150.99
Ch. 75, Sched II
Ch. 75, Sched II, Ch. 75, Sched IV
96.01 – 96.17
37.15
Ch. 75, Sched. I
72.53, Ch. 75, Sched III
72.12
72.70
Ch. 75, Sched III
37.10, 38.01
74.05
93.01
51.20
90.15 – 90.17
90.15 - 90.16
155.02
115.01 – 115.07
51.21
152.01 – 152.04
98.01, 98.02, 98.04, 98.05
93.01, 150.03
130.03
52.20 – 51.22
Ch. 75, Sched. I
114.01 – 114.04
72.11, 72.53, 72.99, Ch. 75, Sched III,
116.01 – 116.03
72.55
52.20
73.01, 98.06
Ch. 75, Sched II
Ch. 75, Sched II
52.22
72.11
52.20 – 52.22
32.20
32.21
150.03
153.02
1995 S-1 Repl.
15
Ord. No.
Date Passed
Code Section
2
2
3
3
4
4
5
6
7
7
7
8
8
8
8
12-5-83
6-20-84
12-17-84
4-15-85
5-20-85
7-1-85
9-3-85
12-2-85
12-16-85
1-20-86
4-7-86
5-5-86
5-19-86
6-5-86
9-15-86
10-6-86
11-2-87
6-6-88
12-18-89
4-27-92
8-27-93
9-20-93
11-22-93
1-7-91
1-3-94
2-5-90
1-3-94
1-7-91
2-8-93
1-21-91
1-21-91
4-27-92
3-22-93
5-1-95
3-5-90
2-4-91
4-27-92
2-21-94
9
9
9
10
10
10
14
3-21-88
3-6-89
2-4-91
3-6-89
3-19-90
5-18-92
5-20-85
111.01 – 111.07
10.99
98.03, 150.17, 150.99
113.01 – 113.06, 155.02
71.05
72.71
91.060 – 91.072
Ch. 75, Sched II
Ch. 75, Sched II
93.01, 150.86
Ch. 75, Sched. III
93.04
Ch. 75, Sched III
93.05
Ch. 75, Sched IV
74.05
51.15 – 51.19
10.03
32.23
52.22
Ch. 75, Sched III
Ch. 75, Sched III
51.15, 51.16, 51.17, 51.18, 51.20
155.01
72.71
32.21
72.56
74.04
116.03, 117.02 - 117.13
Ch. 75, Sched III
150.01
52.02
34.70, 34.71
Ch. 99
72.71
52.20, 52.21
52.03
151.01 - 151.12, 151.25, 151.26, 151.27,
151.28, 151.40 - 151.44, 10.99
51.15 - 51.20
Ch. 75, Sched III
154.01
72.71
37.02
Ch. 75, Sched. I
52.04, 52.05
1995 S-2
16
Ord. No.
Date Passed
Code Section
15
15
18
18
18
18
20
5-21-90
3-4-91
6-4-90
5-6-91
11-16-92
5-9-94
5-20-91
21
21
23
24
24
24
24
25
26
27
28
28
30
31
32
33
34
35
36
37
5-20-91
7-18-94
9-6-94
12-3-84
6-6-88
12-21-92
1-2-96
10-2-95
11-1-93
7-1-91
7-15-91
10-24-94
8-15-88
8-19-91
12-19-94
1-19-90
10-21-91
11-7-88
11-8-88
11-4-91
274A
7-2-73
74.05
10.99
51.06
155.01
34.01
119.01 - 119.14, 119.99
91.001, 91.085, 91.086, 91.087, 91.089, 91.090,
91.091, 91.88
155.01
Ch. 99
91.002
155.01
98.07
34.50 - 34.55, 91.105 - 91.117
34.50-34.55, 91.105-91.117
72.71
72.56
150.01, 150.17, 150.99
34.25 - 34.29
Ch. 33
153.01
32.21
72.71
74.05
72.56
150.17, 150.99
72.71
92.001, 92.010, 92.011, 92.012, 92.013, 92.025,
92.026, 92.035 - 92.039, 92.050, 92.051,
92.052, 92.065, 92.066, 92.075, 92.076, 92.077,
92.090 - 92.097, 92.110 - 92.114
10.99
1995 S-2
INDEX
2008-S-1
1
2
2008-S-1
Elizabethtown - Index
INDEX
ABANDONED; INOPERABLE VEHICLES AND MACHINERY
Declaration of nuisance, 92.035
Dismantling or overhauling vehicle on private property prohibited; exceptions, 92.037
Parking inoperable vehicle where it can be viewed from public highway, other city streets, 92.036
Parking vehicle in front yard prohibited; exceptions, 92.038
Storing any appliance outside or where accessible to children prohibited, 92.039
AGENCIES, BOARDS AND COMMITTEES
Airport Board, (See AIRPORT BOARD)
Cable Communications Authority, (See CABLE COMMUNICATIONS AUTHORITY)
Code Enforcement Appeals Board, (See CODE ENFORCEMENT APPEALS BOARD)
Meeting times, 34.01
Terms of office, 34.01
Tree Board, (See TREE BOARD)
AIRPORT BOARD
Establishment; nature, 34.05
Purpose and duties, 34.06
ALARMS, REGULATING THE USE OF FIRE AND OR POLICE
Definitions, 132.01
Fines/Civil Action, 132.03
Severability, 132.04
Unlawful false alarms, notice and duty to inspect; repair and initiate training after five preventable false alarms,
132.02
ALCOHOLIC BEVERAGE CONTROL – PINE VALLEY GOLF COURSE
Application/License, 122.06
Approval of Premises, 122.18
Books, Records and Reports, 122.20
Change of Information, 122.16
Conditions, Prohibitions and Restrictions, 122.22
Creation of the Office of the City Alcoholic Beverage Control Administrator, 122.05
Definitions, 122.02
Delinquent Taxes or Fees, 122.19
Dormancy, 122.17
Enforcement, 122.23
Fees, 122.07
Hours for sale and delivery; Restrictions, 122.21
Licenses, 122.04
Lost or Destroyed Licenses, 122.09
Notice to Licensee; Surrender of License; Hearing, 122.12
Penalties, 122.24
Purpose, 122.01
Refund of License Fees, 122.08
Refusal of License, 122.14
Regulatory License Fee, 122.15
Revocation or Suspension, 122.11
Scope, 122.03
3
2008-S-1
4
ALCOHOLIC BEVERAGE CONTROL – PINE VALLEY GOLF COURSE (Cont’d)
Temporary Closing, 122.10
Transfer or Assignment, 122.13
ALCOHOLIC BEVERAGE CONTROL – RESTAURANTS & DINING FACILITIES
Application/License, 123.06
Approval of Premises, 123.19
Books, Records and Reports, 123.21
Change of Information, 123.17
Conditions, Prohibitions and Restrictions, 123.23
Definition, 123.02
Delinquent Taxes or Fees, 123.20
Dormancy, 123.18
Duties of the Office of the City Alcoholic Beverage Control Administrator, 123.05
Enforcement, 123.24
Effective Date, 123.27
Fees, 123.07
Hours for Sale and Delivery; Restrictions, 123.22
Licenses, 123.04
Lost or Destroyed Licenses, 123.09
Notice to Licensee: Surrender of License; Hearing, 123.12
Penalties, 123.25
Purpose, 123.01
Refund of License Fees, 123.08
Refusal of License, 123.14
Regulatory License Fee, 123.16
Review of License, 123.15
Revocation or Suspension, 123.11
Scope, 123.03
Temporary Closing, 123.10
Transfer or Assignment, 123.13
ANIMALS
Definitions, 90.01
Dogs, (See DOGS)
BICYCLES AND MOTORCYCLES
Bicycle facilities plan adopted, 73.01
Clinging to vehicles, 73.04
Operation of bicycles, motorcycles, and the like, 73.02
Skating and coasting, 73.03
BLASTING, (See FIRE PREVENTION)
BOARD OF ADJUSTMENT, (See ZONING CODE)
BUILDING OFFICIAL, (See BUILDING REGULATIONS)
2008-S-1
Index
BUILDING REGULATIONS
Building Official, 150.15
Noncompliance with permit requirements, 150.17
Permit and application fees, 150.16
Penalty, 150.99
Standard Codes
Adoption of Kentucky Building Code and Standards of Safety; enforcement agents, 150.01
Application, 150.02
Other standard codes adopted by reference, 150.03
CABLE COMMUNICATIONS AUTHORITY
Establishment, 34.70
Functions and powers, 34.71
CABLE TELEVISION
Approval of city necessary, 119.05
Certification of compliance, 119.10
Decision, 119.14
Inflation and external cost adjustments, 119.12
Information to be provided, 119.07
Notice of commencement of regulations, 119.02
Penalty, 119.99
Proprietary information, 119.13
Public hearings, 119.11
Rate filings by operator, 119.03
Rate subject to refunds, 119.09
Schedule of action by the city, 119.08
Scope and intent, 119.01
Support for rate filings; burden of proof, 119.04
Timing of rate filing, 119.06
Tolling periods, 119.08
CELLULAR TOWER APPLICATION FEES
Fees & Review, 156.02
Purpose, 156.01
CEMETERIES
Perpetual Care Trust Fund
Annual trustee report and audit, 95.08
City to annually report and account with trustee, 95.12
Deficiency in operation of cemetery to be met by emergency account, 95.11
Designation; appointment of trustee, 95.04
Income payments to city, 95.09
Powers or trustee, 95.05
Scope and effect of provisions; amendments, 95.13
Sources of money, 95.02
Term of trustee, 95.07
Trustee's compensation, 95.06
Use of funds for upkeep and maintenance expenditures, 95.10
Use of income only, 95.03
2008-S-1
5
6
CITY COUNCIL
Members; election, qualifications, compensation, 32.01
Powers and duties, 32.03
Rules of Procedure
Mayor as Presiding Officer, 32.20
Meetings, 32.21
Quorum, 32.22
Smoking in Council chamber, 32.23
Vacancies, 32.02
CITY OFFICIALS
Compensation, 31.02
Elected Officials
Council members, 31.22
Election procedure, 31.20
Mayor; the term of office, 31.21
Nonelected City Officials
Establishment of nonelected city offices, 31.35
Oath; bond, 31.01
CITY POLICIES
Equal Opportunity
Federal and state compliance, 35.01
CODE ENFORCEMENT APPEALS BOARD
Appeal to Hardin District Court; assessment of costs, 34.30
Duties, 34.26
Membership; term, 34.27
Powers; decision making process, 34.29
Regular meetings; notification of appeal, 34.28
CODE ENFORCEMENT BOARD
Administration, 34.92
Appeals, Final Judgement, 34.102
Appointment of Members; terms of office; removal from office; oath and compensation, 34.94
Conflict of Interest, 34.96
Creation and Membership, 34.91
Definitions, 34.90
Enforcement Proceedings, 34.99
Hearing; Notice and Final Order, 34.100
Jurisdiction, 34.97
Liens, Fines, Charges and Fees, 34.104
Ordinance Fine Schedule, 34.103
Organization of Board; Meetings; Quorum and Alternate Board Members, 34.95
Presentation of Cases, 34.101
Powers, 34.93
Powers of the Code Enforcement Board, 34.98
2008-S-1
Index
CODE OF ETHICS
Declaration, 33.02
Definitions, 33.04
Enforcement
Advisory opinions, 33.55
Appeals, 33.53
County Board of Ethics, 33.50
Filing and investigation of complaints, 33.51
Hearings, 33.52
Limitations of actions, 33.54
Reprisals prohibited against persons disclosing violations, 33.56
Financial Disclosure
Amended statement, 33.31
Control of financial statements, 33.32
Public viewing, 33.34
Requirements; contents, 33.33
When to file, 33.31
Who must file, 33.30
Nepotism, 33.40
Purpose and authority, 33.03
Standards of Conduct
Conflicts of interest, 33.15
Honoraria, 33.19
Misuse of confidential information, 33.18
Receipt of gifts, 33.16
Use of city or county resources, 33.17
COMMERCIAL BUSINESS ESTABLISHMENTS; RESTAURANTS
Causing loud noise prohibited, 114.02
Consumption or possession of alcoholic beverages, 114.06
Cruising through lot prohibited, 114.05
Definitions, 114.01
Leaving vehicle unoccupied; towing, 114.03
Operator of business establishment to post notice of prohibitions, 114.04
CURFEW, 130.01
DETECTIVE AND SECURITY AGENCIES
Bond required, 115.03
Liability insurance required, 115.04
Permit and requirements in addition to other permits, 115.06
Permit required; bond, 115.01
Permit to cover agency and employees, 115.05
Proof of good character, 115.02
Revocation of permits, 115.07
DISCONNECTION POLICY
City not liable for interruption of service, 50.02
Disconnection for nonpayment, 50.01
Restrictions and charges on reconnection, 50.01
2008-S-1
7
8
DOGS
Abandonment, 90.22
Alternate Opinion, 90.15
Confiscation of Victimized Animal, 90.29
Control of Dogs, 90.16
Control of Vicious Dogs, 90.17
Cruelty or Exhibition Fighting Prohibited, 90.24
Cruelty to Animals, 90.23
Definitions, 90.01
Enforcement of Restrictions on Vicious Dogs, 90.18
Impoundment, 90.19
Killing Dogs, Cats for Food or Fur Prohibited, 90.25
Mutilation of Animals, 90.26
Penalties, 90.99
Provision of Necessities, 90.20
Removal of Animal in Immediate Danger, 90.28
Restraint by Leash or Chain; Specifications, 90.21
Sexual Acts with Animals, 90.27
EROSION PREVENTION & SEDIMENT CONTROL
Definitions, 157.02
Design Requirements, 157.06
Enforcement, 157.08
Erosion Prevention and Sediment Control Plan, 157.05
Inspection, 157.07
Introduction/Purpose, 157.01
Permits, 157.03
Review and Issuance, 157.04
FAIR HOUSING
Citizens Advisory Committee; duties, 96.15
Grievance; enforcement procedures, 96.16
Injunctive relief; prosecution, 96.17
City policy, 96.01
Definitions, 96.02
Exemptions, 96.05
Unlawful financial practices, 96.04
Unlawful housing practices, 96.03
FIRE DEPARTMENT
User Fees, 37.20
Work shifts; salary; overtime pay, 37.10
FIRE PREVENTION
Minimum fire protection requirements to be completed prior to issuance of building permits, 93.05
Minimum fire protection requirements; water supply and fire hydrants, 93.04
National fire codes adopted by reference, 93.01
Standards of Safety adopted by reference, 93.02
2008-S-1
Index
9
FIREWORKS
Age Restrictions – Purchasing, Possession, Transport, 133.02
Age Restrictions – Selling, Handling, 133.03
Contraband (KRS 227.750), 133.07
Penalties, 133.09
Public Fireworks Display, 133.05
Sale of Fireworks, 133.01
Sales Restricted to Retail Only, 133.04
State Law Affirmed, 133.08
Training, 133.06
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions, 151.10
Administration
Designation of local administrator, 151.25
Duties and responsibilities of the local administrator, 151.27
Establishment of Development Permit, 151.26
Basis for establishing the special flood hazard areas, 151.07
Compliance, 151.09
Definitions, 151.05
Establishment of development permit, 151.08
Enforcement, Violation Notice and Penalties, 151.13
Findings of fact, 151.02
Interpretation, 151.11
Lands to which this chapter applies, 151.06
Objectives, 151.04
Provisions for Flood Hazard Reduction
Appeals and variance procedures, 151.47
Critical Facilities, 151.46
General construction standards, 151.40
Specific standards, 151.41
Standards for accessory structures in all zones beginning with the letter “A:, 151.45
Standards for streams without established base flood elevation (unnumbered A zones) and/or floodways,
151.42
Standards for subdivision proposals, 151.44
Standards for areas of shallow flooding, 151.43
Statement of purpose, 151.03
Statutory authorization, 151.01
Warning and disclaimer of liability, 151.12
GARBAGE, DEBRIS AND RUBBISH
Violations concerning garbage, debris and rubbish, 92.026
2008-S-2
10
GAS
Conditions to provision of gas service, 51.02
Connection permit required; tap-on fees, 51.03
Definitions, 51.01
Reconnection after voluntary turn-off; fee, 51.04
Reconnection of meter; fee, 51.05
Requirements and fees for gas tap and extensions for subdivision and private developments; rebate policy, 51.06
Service Rate Schedules
Adjustment for Increase in Rate, 51.22
Curtailment Notice and Charge for Failure to Obey, 51.21
Firm Transportation Service, 51.18
General Rate, 51.15
Heat Rate, 51.16
High Load Rate, 51.17
Interruptible Transportation Service, 51.19
Interruptible Transportation with Standby, 51.20
GRASS AND WEEDS
Exemption for woodlands and trees, 92.052
Grass, weeds and vegetation to be trimmed regularly; maximum height, 92.051
HAZARDOUS MATERIALS
Administering Agency, 121.05
Affirmative Defenses, 121.11
Appeals Board, 121.10
Applicability, 121.02
Confidential Information and Trade Secrets, 121.07
Definitions, 121.03
Determination, 121.04
Disclaimer of Liability, 121.12
Enforcement; Notice of Violation, 121.08
Notification to Fire Communications & Dispatch, 121.06
Penalties, 121.09
Purpose, 121.01
HOODS AND MASK IN PUBLIC PLACES, PROHIBITING
Definitions, 131.02
Exemptions, 131.04
Penalties, 131.05
Purpose and Findings, 131.01
Wearing Hoods or Masks in a Public Place, 131.03
INSURANCE COMPANIES
Amount of fee for companies issuing policies other than life insurance, 113.02
Collection fee, 113.03
Disposition of funds, 113.06
Due date; interest, 113.04
Imposition of license fee, 113.01
Written breakdown of collections, 113.05
2008-S-2
Index
11
ITINERANT ENTREPRENEURS, (See PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS)
LITTERING
Hauling loose material, 94.02
Litter on private property, 94.04
Sweeping litter into gutters, 94.03
Tracking foreign matter on streets, 94.01
MAYOR-COUNCIL PLAN
Form of government, 30.01
Governing officers, 30.02
Salaries of elected officers, 30.03
MOBILE HOMES AND MOBILE HOME PARKS
Compliance with standards as prerequisite to supplying of utilities, 152.03
Compliance; inspection required, 152.02
Failure to comply deemed nuisance, 152.04
Procedure for abatement, 152.04
Standards for placement of mobile homes on lot, 152.01
MOTORCYCLES, (See BICYCLES AND MOTORCYCLES)
NOISE
Loudspeakers; permit required; issuance, 97.02
Private use of loudspeakers, 97.03
Useless or unnecessary noise prohibited; declared a nuisance, 97.01
NUISANCES
Abandoned; Inoperable Vehicles and Machinery, (See ABANDONED; INOPERABLE VEHICLES AND
MACHINERY)
Abatement procedure, 92.111
Appeal to Code Enforcement Appeals Board, 92.114
Director of Planning and Development to investigate complaints; notify owner of premises in
violation; exception, 92.110
Records of complaints, actions and violations to be available to the public, 92.113
Termination of utilities, 92.112
Animals, Fowl and Reptiles
Keeping of animal, fowl or reptile which becomes a nuisance prohibited, 92.011
Certain violations concerning animals, fowl and reptiles, 92.012
Slaughtering prohibited, 92.013
Definitions, 92.001
Erosion Control
Removal of vegetation; replacement, 92.066
Garbage, Debris and Rubbish, (See GARBAGE, DEBRIS AND RUBBISH)
Grass and Weeds, (See GRASS AND WEEDS)
2008-S-2
12
NUISANCES (Cont’d)
Maintenance of Public Ways
Failure to comply, 92.099
Inspection and notice, 92.098
Maintenance; repair of sidewalks, 92.097
Obstructing fire hydrant prohibited, 92.093
Obstructing streets and sidewalks prohibited, 92.096
Obstructing view of motorists prohibited, 92.094
Owner to keep property cleared to traveled portion of street, 92.092
Owner to maintain public way; keep compatible with adjacent pavement, 92.091
Owners to maintain drainageway on private property; obstruction prohibited, 92.095
Performance by city, 92.100
Prohibiting Illicit Discharges and Illicit Connections to the City’s Stormwater System (See STORMWATER)
Sewage Discharge, (See SEWER DISCHARGE)
OCCUPATIONAL LICENSES
Administrative Provisions, 110.10
Apportionment, 110.04
Definitions, 110.01
Duties of Finance Director, 110.13
Employers to Withhold, 110.05
Extensions, 110.07
Federal Audit Provisions, 110.09
Information to Remain Confidential, 110.11
Minimum and Maximum Liability, 110.15
Occupational License Application Required, 110.02
Occupational License Tax Payment Required, 110.03
Penalties, 110.12
Refunds, 110.08
Return Required, 110.06
OFFENSES AGAINST MUNICIPAL REGULATIONS
Air or spring guns, 130.02
Curfew, 130.01
Flourishing; firing deadly weapon, 130.03
ONE-WAY STREETS, Ch. 75, Sched. I
PARADES
Alternative permit, 71.26
Appeal procedure when permit denied, 71.25
Application for permit, 71.22
Contents of permit, 71.28
Definitions, 71.20
Duties of permittee, 71.29
Notice of rejection of permit, 71.24
Notice to city and other officials when permit issued, 71.27
2009-S-1
Index
PARADES (Cont’d)
Permit required, 71.21
Public conduct during parades, 71.30
Revocation of permit, 71.31
Standards for issuance of permit, 71.23
PARKING REGULATIONS
Metered Parking
Deposit of slugs, 72.52
Duty of operator to deposit coins; remaining longer than allotted time prohibited, 72.51
Enforcement; citation, 72.54
Hitching animal to meter prohibited, 72.52
Hours of operation, 72.53
Parking meter zone, 72.50
Parking violations; public parking lots, 72.56
Tampering with meter, 72.52
Use of funds from parking meters, 72.57
Parking Generally
Fire lanes, 72.12
Limitations of stopping and parking, 72.03
Manner of parking, 72.02
Obstructional parking; double parking, 72.01
Owner responsibility, 72.09
Parking in excess of certain number of hours prohibited; towing authorized, 72.06
Parking in parks, 72.10
Parking on off-street facility, 72.08
Parking on parade route, 72.07
Parking restricted to allow street cleaning, 72.05
Parking restrictions on Public Square; on long vehicles, 72.11
Restrictions and prohibitions on designated streets, 72.04
Parking Prohibited
Loading and unloading zones, 72.70
Parking prohibited, 72.71
Penalty, 72.99
Snow Emergency, (See SNOW EMERGENCY)
PARKS AND RECREATION
Closing hours at Freeman Lake Park; American Legion Field, 98.01
Fees for recreational facility, 98.08
Fishing in city impoundments and lakes, 98.06
Fishing on Freeman Lake, 98.03
Maintenance of certain city-owned property in natural state, 98.07
Motor vehicle use in recreational areas, 98.02
Swimming in city-owned or occupied reservoirs, 98.04
Use of impoundment or reservoir without permission prohibited, 98.05
PAWNBROKERS
Entity Designated, 112.03
Ordinance in Conflict, 112.05
Pawnbrokers, 112.01
Penalty, 112.04
Severability
2009-S-2
13
14
PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
Itinerant Entrepreneurs
Bond to be posted, 111.04
Compliance required, 111.01
Exemptions, 111.07
Levy of fee; placement in general fund, 111.06
List of articles sold to be filed with Director of Finance, 111.03
Refund of bond; use to finance unpaid taxes; forfeiture, 111.05
Solicitor to fill out questionnaire, 111.02
PERPETUAL CARE TRUST FUND, (See CEMETERIES)
PERSONNEL POLICIES
Retirement and Pension Plan
PLANNING
Comprehensive plan adopted by reference, 153.01
Planning Commission, 153.02
POLICE DEPARTMENT
Civil Service
Commission established, 37.15
Police Department
Carrying concealed weapon authorized, 37.01
Disposition of fees for arrests; subpoenas and the like, 37.02
PROPERTY MAINTENANCE CODE, 154.01
RESTAURANT TAX
Collection and Enforcement, 126.06
Definitions, 126.01
Duties, Director of Finance, 126.09
Failure to File Return: Failure to Pay the Restaurant Tax Withheld: Underpayment of Amount Due, 126.11
Information Deemed Confidential: Penalty for Disclosure; Exceptions, 126.08
Interest and Penalties, 126.07
Procedure for Applying for Refund and Overpayment, 126.10
Other Ordinances Not Repealed, 126.13
Reporting Procedures for Restaurants, 126.04
Reporting Procedures to City Council, 126.03
Restaurant Tax, 126.02
Transfer of Funds to Elizabethtown Tourism & Convention Bureau, 126.05
RULES OF CONSTRUCTION; GENERAL PENALTY
Adoption of standard codes by reference, 10.17
Amendments to code; amendatory language, 10.13
Computation of time, 10.04
Construction of section references, 10.10
Definitions, 10.02
Errors and omissions, 10.15
Historical and statutory references, 10.16
Ordinances repealed, 10.11
2009-S-2
Index
RULES OF CONSTRUCTION: GENERAL PENALTY (Cont’d)
Ordinances unaffected, 10.12
Penalty, 10.99
Reference to offices, 10.14
Reviver, 10.08
Rights and liabilities accruing before repeal of ordinance, 10.09
Rules of construction, 10.03
Severability, 10.07
Short titles of ordinances, 10.01
Writings and signatures, 10.06
SCRAP DEALERS
Dealers to require identification from sellers; records to be kept, 116.03
Definition, 116.01
License required, 116.02
SEWER DISCHARGE
Discharge of runoff or groundwater to sanitary public sewer prohibited, 92.077
Discharge to city sewage system required, 92.076
SEXUALLY ORIENTED BUSINESSES
Additional regulations for adult motels, 120.12
Additional regulations concerning public nudity, 120.16
Additional regulations for escort agencies, 120.14
Additional regulations for nude model studios, 120.15
Classification, 120.03
Conflicting ordinances repealed, 120.22
Definitions, 120.02
Effective date, 120.23
Exemption, 120.19
Expiration of license, 120.08
Fees, 120.06
Hours of operation, 120.18
Injunction, 120.20
Inspection, 120.07
Issuance of license, 120.05
License required, 120.04
Penalty, 120.24
Prohibition against children in a sexually oriented business, 120.17
Purpose and findings, 120.01
Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing
rooms, 120.13
Revocation, 120.10
Suspension, 120.09
Transfer of license, 120.11
2010-S-1
15
16
SMOKE DETECTOR INSTALLATION AND MAINTENANCE IN RESIDENTIAL PROPERTY
Definitions, 100.02
Enforcement, 100.04
Installation and Maintenance, 100.01
Penalty, 100.99
Smoke Detectors Required; Type and Placement, 100.03
SMOKING REGULATIONS IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
Application of Ordinance to City-owned and County-owned Facilities, 125.03
Code Enforcement Board, 125.14
Construction, 125.17
Declaration of Establishment as Nonsmoking, 125.09
Definitions, 125.02
Enforcement, 125.12
Findings & Intent, 125.01
Governmental Agency Cooperation, 125.15
Non-retaliation and Non-waiver of Rights, 125.11
Posting of Signs, 125.10
Prohibition of Smoking in Enclosed Public Places, 125.04
Prohibition of Smoking in Places of Employment. 125.05
Prohibition of Smoking in Outdoor Arenas ad Stadiums, 125.06
Other Applicable Laws, 125.16
Reasonable Distance, 125.07
Violations and Penalties, 125.13
Where Smoking Not Regulated, 125.08
SNOW EMERGENCY
Announcement of snow emergency, 72.25
Snow emergency routes, 72.27
Termination of emergency, 72.26
SOLICIATION ON THE CROSSWALKS, HIGHWAYS, INTERSECTIONS OR ROADWAYS
Criteria for Permit Application and Approval, 76.03
Definitions, 76.02
Penalties, Remedies, Appeals, 76.05
Purpose and Findins, 76.01
Unauthorized Activities, 76.04
SPEED LIMITS, Ch. 75, Sched. II
STORMWATER, PROHIBITING ILLICIT DISCHARGES AND ILLICIT CONNECTION TO THE CITY’S
STORMWATER SYSTEM
Article Supplemental to other Regulations, 92.158
Definitions, 92.151
Enforcement and Penalties, 92.157
General Provisions, 92.152
Illicit Discharges and Illicit Connections and declared to be a public nuisance, 92.154
2010-S-1
Index
17
STORMWATER, PROHIBITING ILLICIT DISCHARGES AND ILLICIT CONNECTION TO THE CITY’S
STORMWATER SYSTEM (Cont’d)
Inspections, Monitoring and Remediation, 92.156
Prohibition of Discharges and Illicit Connections; Exceptions, 92.153
Purpose and Scope, 92.150
Rules and Regulations, 92.155
STOP INTERSECTIONS, Ch. 75, Sched. III
STREETS AND SIDEWALKS
Entrance and Encroachments
Administration standards, 91.061
Area of jurisdiction, 91.062
Complaints regarding violations, 91.066
Compliance with other codes, statutes and regulations required, 91.063
Disclaimer of liability, 91.065
Encroachment permit construction standards, 91.071
Encroachment permits, 91.068
Entrance construction standards, 91.070
Entrance permits, 91.067
General permit standards, 91.069
Purpose, 91.060
Special design standards, 91.072
Standards as minimum requirements; variances, 91.064
Excavations and Construction
Application and cash deposit, 91.016
Barriers around excavations, 91.018
Opening permit required, 91.015
Restoration of pavement, 91.017
Warning lights, 91.019
Obstructions
Barbed wire fences, 91.046
Exhibition of merchandise on street or sidewalks, 91.045
Removal of ice and snow, 91.047
Street and House Numbering
Department of Planning and Development to assign street numbers, 91.086
Display of street address required, 91.087
Noncompliance, 91.091
Specifications for numerals indicating street address, 91.088
Street numbering system, 91.085
Street numbers to be obtained and displayed before issuance of building permit or certificate of occupancy,
91.089
Tampering with; defacing street numbers prohibited, 91.090
Street maintenance, 91.002
Street names, 91.001
Trees on Public Property
Arborists license and bond, 91.116
Dead or diseased tree removal on private property, 91.113
Distance from curb to sidewalk, 91.107
2010-S-1
18
STREETS AND SIDEWALKS (Cont’d)
Distance from street corners and fire hydrant, 91.108
Interference with city tree board, 91.115
Pruning, corner clearance, 91.112
Public tree care, 91.110
Removal of stumps, 91.114
Review by city council, 91.117
Spacing, 91.106
Street tree species to be planted, 91.105
Tree topping, 91.111
Utilities, 91.109
TOURIST AND CONVENTION COMMISSION
Accounting, 117.09
Amount of tax, 117.03
Appointments to bureau, 117.11
Audits; civil actions, 117.10
Bonding; reports, 117.06
Commission established, 117.01
Confidentiality, 117.13
Costs of litigation and audits, 117.12
Depository, 117.07
Enforcement of provisions, 117.09
Liability for tax, 117.04
Payment of tax, 117.02
Powers of commission; fiscal year; effective date, 117.08
Scope of tax, 117.05
Tax levied, 117.01
TRAFFIC CODE
Authority for enforcement, 70.04
Definitions, 70.01
Powers and duties of Police Department, 70.03
Required obedience to traffic directions, 70.02
Temporary regulations, 70.05
TRAFFIC RULES
Operation Generally
Obstructing traffic, 71.01
Rail traffic, 71.05
Vehicles crossing sidewalks, 71.04
Parades, (See PARADES)
TRAFFIC-CONTROL DEVICES
Establishment and maintenance of traffic-control devices, 70.16
Interference with signals, 70.18
Obedience to signals, 70.17
Signal legends, 70.15
Unauthorized signals or markings, 70.19
2010-S-1
Index
19
TURNING RESTRICTED, Ch. 75, Sched. IV
VEHICLES FOR HIRE
Permit required for operation, 118.01
WATER AND SEWER
Annual rate for standby fire protection taps, 52.20
Discharge of surface or stormwater or groundwater into the sanitary sewer system of the city is prohibited,
52.30
Emergency surcharges for water and sewer customers, 52.07
Existing provisions reaffirmed, 52.22
Meter deposits, 52.22
Penalties, 52.31
Private fire hydrants outside city, 52.21
Prohibited water usage, 52.06
Purpose, 52.01
Severability, 52.32
Sewer use ordinance adopted by reference, 52.02
Tapping fees for water and sewer, 52.05
Tapping or connection permit, 52.04
Water and sewer rates adopted by reference, 52.03
YARD SALES
Definition, 99.01
Enforcement, 99.04
Placement of merchandise, 99.03
Restrictions, 99.02
ZONING CODE
Board of Adjustment, 155.02
Zoning ordinance adopted by reference, 155.01
2010-S-1
20
ANNEXATION LIST
Description
Bardstown Road Addition
Bardstown Road Addition - Final Adoption
West Dixie Addition
West Dixie Addition - Final Adoption
Valley Creek Addition
Valley Creek Addition - Final Adoption
Athletic Field
Athletic Field - Final Adoption
Grand View Addition
Helmwood Addition
North Miles Street - Green Hills Addition
South Dixie Addition
Grand View Addition - Final Adoption
Helmwood Addition - Final Adoption
N. Miles Street - Green Hills Addition - Final
Adoption
Repealing Ordinance #4 - South Dixie Addition
Ryan Subdivision Addition
Pennsylvania Avenue to St. John Road
Pennsylvania Avenue to St. John Road
Kennedy Avenue to REA
Kennedy Avenue to REA
Beginning with Merritt Kerrick & Green Hills
Grandview Subdivision to Alameda Manor
Subdivision and Shepherdsville Road
Grandview Subdivision to Alameda Manor
Subdivision and Shepherdsville Road
Woodland Heights Subdivision
Helmwood Homesites
Woodland Height Subdivision
Ordinance #
----------------1-1948
2-1948
3-1948
4-1948
Annex Ord. 1
Annex Ord. 2
Annex Ord. 3
Aug. 7, 1939
Nov. 6, 1939
Aug. 7, 1939
Nov. 6, 1939
Aug. 7, 1939
Nov. 6, 1939
Sept. 12, 1944
Nov. 6, 1944
Feb. 2, 1948
Feb. 2, 1948
Feb. 2, 1948
Feb. 2, 1948
Mar. 15, 1948
Mar. 15, 1948
Mar. 15, 1948
--7-2-51A
9-5-51A
9-5-51A
9-12-51A
9-12-51A
3-17-52A
4-7-52A
4-7-52A
3-17-52A
9-15-52
Mar. 15, 1948
July 2, 1951
Sept. 5, 1951
Jan. 16, 1952
Sept. 12, 1951
Jan. 16, 1952
Mar. 17, 1952
Apr. 7, 1952
June 16, 1952
June 16, 1952
Sept. 15, 1952
9-15-52
Dec. 15, 1952
3-16-53
4-14-53
3-16-53
Mar. 16, 1953
Apr. 14, 1953
July 20, 1953
* Contains portion of description for current corporate boundary.
2010-S-1
Date Approved
Helmwood Homesites
4-14-53
Leitchfield Road and Helm Road
9-26-56
Indian Hills Subdivision
--Indian Hills Subdivision
--Highlands Subdivision
--Highland Subdivision - Boundary Corrected
--E’town Time Corporation
--E’town Time Corporation
--Edgewood Heights, Forest Hills Subdivision, Mercer
--Drive & rear of Cedar Drive & College Property
Edgewood heights, Forest Hills Subdivision
--City Park
--City Park - Amended & Section South thereof
--French Street
* Hodgenville Road Intersection, Hawkins Drive,
--Dow Corning, Chandler Heights & Milby
Subdivision
* Hodgenville Road Intersection, Hawkins Drive,
--Dow Corning, Chandler Heights & Milby
Subdivision
Section of Glendale Hill
--Gates Rubber Company and Westview Subdivision
--Freeman Lake Area, Bon Aire Subdivision, Gateway
--Villa Subdivision, Fountainbleau Subdivision,
Section on Glendale Hill
* Areas North, South, East and West of present City
--limits (including Glendale Hill)
De-annexation
--* Two tracts on Bardstown Road and Area between
--31W and Pear Orchard Road
Remainder of Strickler Farm on US 62 West
5-1976
Remainder of Strickler Farm on US 62 West Final
11-1976
Proposed Industrial Park and Airport - West of City
27-1976
Proposed Industrial Park and Airport - Amended
4-1977
Proposed Industrial Park and Airport - Amended
6-1977
* Proposed Industrial Park and Airport - Final
11-1977
2010-S-1
July 20, 1953
Sept. 26, 1956
Oct. 20, 1958
Dec. 1, 1958
July 20, 1959
Aug. 24, 1959
Sept. 21, 1959
Oct. 5, 1959
Mar. 7, 1960
May 2, 1960
Aug. 21, 1961
Nov. 6, 1961
May 21, 1962
April 1, 1963
Oct. 21, 1963
Jan. 6, 1964
Oct. 5, 1964
Jan. 4, 1965
June 3, 1968
Sept. 3, 1968
May 17, 1971
Aug. 2, 1971
Nov. 3, 1971
July 21, 1975
Sept. 8, 1975
Feb. 23, 1976
Apr. 19, 1976
Oct. 18, 1976
Jan. 17, 1977
Feb. 21, 1977
Apr. 4, 1977
Two areas West of US31W, including University
Estates
Repealing Ordinance #5-1978
Annexing Camelot Subdivision & Cardinal Creek,
Section 2
* Camelot Subdivision & Cardinal Creek, Section 2
(Final)
Annexing three tracts on US 62 West
* Annexing three tracts on US 62 West - Final
Annexing approximately 25 acres at Northwestern
Boundary off Old 31W (Intent to Annex)
Intent to Annex along US 31W South
Intent to Annex area at intersection of KY 251 &
Ring Road
Annexing Area on East side of 31W South
* Amending Annexation of Area on East side of 31W
South
Intent to Annex Pleasant acres and Convenient Acres
Intent to Annex area at KY 251 and Ring Road
* Annexing Pleasant Acres and Convenient Acres
Annexing approximately 25 acres at Northwestern
boundary off old 31W
* Annexing City-owned property at Ring Road & KY
251
Intent to Annex Robert L. Hall property at Ring Road
and KY 251
Annexing the Robert L. Hall property at Ring Road
and KY 251
Intent to annex W.C. Routt property on KY 447
North of present City limits
Annexing the W.C. Routt property on KY 447 North
of present City limits
Intent to annex additional property on KY 447 North
(W.C. Routt property)
Intent to annex certain property on Jackie Street
Intent to annex certain property on US62 East
Annexing additional W.C. Routt property on KY 447
* Annexing certain property on Jackie Street
5-1978
Feb. 22, 1978
25-1978
11-1979
Aug. 14, 1978
Apr. 2, 1979
14-1979
June 4, 1979
49-1980
1-1981
13-1981
Nov. 3, 1980
Jan 19, 1981
Apr. 6, 1981
42-1981
43-1981
Sept. 21, 1981
Sept. 21, 1981
63-1981
5-1982
Dec. 21, 1981
Feb. 1, 1982
12-1982
23-1982
26-1982
38-1982
Mar. 15, 1982
May 17, 1982
June 7, 1982
Oct. 4, 1982
42-1982
Oct. 18, 1982
32-1983
Oct. 3, 1983
33-1983
Nov. 21, 1983
5-1984
Apr. 2, 1984
7-1984
June 4, 1984
8-1984
June 4, 1984
8A-1984
12-1984
14-1984
17-1984
June 18, 1984
July 23, 1984
Aug. 6, 1984
Sept. 4, 1984
2010-S-1
* Annexing certain property on US62 East
Intent to Annex property between Pear Orchard Road
& Airport Road and North of Towne Mall
Annexing 20 acres North of Towne Mall
* Annexing 125 acres between Pear Orchard Road &
Airport Road
Intent to annex Pine Valley Drive & Mouser Property
(31W)
Intent to annex 90 acre tract on Lincoln Parkway &
Sportsman Lake Road - Schlatter farm
Intent to annex area on KY 1600 & Timber Lane
Intent to annex Pine Valley Drive & Mouser Property
(31W)
Intent to Annex 90 acre tract on Lincoln Parkway &
Sportsman Lake Road - Schlatter farm
Intent to annex area on KY 1600 & Timber Lane
Annexing property on KY 1600 (Cardinal Dr.) &
Timber Lane
* Annexing Pine Valley Drive & Mouser Property on
31W
Annexing 90 acres on Sportsman Lake Road &
Lincoln Parkway
Intent to annex Moore Property - KY 251 & Ring
Road
Intent to annex Rogers Property - KY 251 & Ring
Road
Intent to annex Briarwood/Beechwood (KY 1600)
* Annexing Moore Property (KY 251 & Ring Road)
Annexing Joseph Rogers property (KY 251 & Ring
Rd.)
* Annexing Briarwood/Beechwood (KY 1600)
Intent to annex 75 Botto Ave. (Steve Johnson
Property)
Intent to annex 2108 North Dixie (Adrian Ray
Property)
* Annexing 75 Botto Avenue (Steve Johnson
Property)
Intent to annex Clyde Hunt Property (KY 251 & Ring
Road)
21-1984
33-1985
Oct. 15, 1984
Oct. 7, 1985
3-1986
9-1986
Jan. 20, 1986
Feb. 17, 1986
8-1987
May 4, 1987
11-1987
May 18, 1987
10-1987
15-1987
May 18, 1997
June 15, 1987
16-1987
June 15, 1987
17-1987
20-1987
June 15, 1987
Sept. 8, 1987
21-1987
Sept. 8, 1987
22-1987
Sept. 8, 1987
7-1988
Mar. 7, 1988
8-1988
Mar. 7, 1988
6-1988
16-1988
20-1988
Mar. 7, 1988
May 16, 1988
June 6, 1988
21-1988
25-1988
June 6, 1988
June 20, 1988
26-1988
June 20, 1988
29-1988
July 18, 1988
33-1988
Sept. 19, 1988
2010-S-1
Annexing 2108 North Dixie (Adrian Ray Property)
* Annexing Clyde Hunt property (KY 251 & Ring
Road)
Intent to annex Pine Valley Golf Course
* Annexing Pine Valley Golf Course
Intent to annex 600-800 block of Pine Valley Drive
Intent to annex real property located along North
Dixie Ave. (31W) and Pear Orchard Road NW
* Annexing property located along 600-800 block of
Pine Valley Drive
* Annexing property along North Dixie Avenue
(31W) & Pear Orchard Road NW
Intent to annex real property known as approximately
100 acres on West Side of 31W South.
15 acres, part of Skyline Heights Subdivision
100 acres on the East and West sides of 31W South
* Annexing real property known as approximately
107 acres on the West side of 31W South
Annexing real property known as approximately 15
acres and being a part of Skyline Heights Subdivision
* Annexing real property located on both sides of US
31W North, the major part being on the East side of
US 31W and located adjacent to the present City
boundaries in and around Pine Valley Drive
Intent to annex real property located on the South
side of US 62 known as the Leitchfield Road
Annexation
* Annexing property located on the South side of US
62 known as the Leitchfield Road Annexation
Intent to annex territory in the Cardinal Drive and
Ring Road Area
Intent to annex territory in the St. John Road and
Ring Road area
* Annexing territory in the Cardinal Drive and Ring
Road area
* Annexing territory in the St. John Road and Ring
Road area
34-1988
38-1988
Oct. 17, 1988
Dec. 5, 1988
2-1989
5-1989
33-1989
34-1989
Jan. 3, 1989
Feb. 6, 1989
Nov. 20, 1989
Nov. 20, 1989
4-1990
Feb. 19, 1990
7-1990
Feb. 19, 1990
22-1990
Aug. 6, 1990
30-1990
Oct. 1, 1990
31-1990
Oct. 15, 1990
3-1991
Jan. 7, 1991
11-1991
Feb. 18, 1991
5-1992
Apr. 13, 1992
6-1992
Apr. 13, 1992
14-1992
July 13, 1992
29-1993
Dec. 6, 1993
30-1993
Dec. 6, 1993
5-1994
Feb. 21, 1994
6-1994
Feb. 21, 1994
2010-S-1
* Annexing territory along southern boundary of
Elizabethtown & US 31W
* Annexing property located off Bewley Hollow
Road and Stonemill Drive
* Annexing territory located at 459 Sportsman Lake
Road
* Annexing territory located at 2900 South Dixie
Avenue
* Annexing territory located on South Wilson Road
* Annexing territory located along Ring Road
* Annexing territory located North Black Branch
Road containing 300 acres and owned by the
Elizabethtown Industrial Foundation
* Annexing an approximately 60 acre tract known as
Casteel Subdivision and being located along
Shepherdsville Road and owned by Kipper Homes,
Inc.
* Annexing property located in the 4600 block of
Leitchfield Road
Annexing property located at 2659 Shepherdsville
Road
* Annexing property located at 2682 Shepherdsville
Road
* Annexing property located on New Glendale Road
* Annexing property located on Tunnel Hill Road
* Repealed Ord. No. 02-2006 & annexed property
located on Tunnel Hill Road
Intent to annex property along Hayden School Road
* Annexing an 85 acre tract located along Hutcherson
Lane
* Annexing property along Hayden School Road
* Annexing property located at 1411 St. John Road
* Annexing property located at the intersection of St.
John Road & Stratmoor Drive
* Annexing 399.062 acres along Ring Road
(Ratliff/Lewis/Cox)
* Annexing property located at 2886 & 2950
Shepherdsville Road
15-1995
June 19, 1995
24-1996
Nov. 4, 1996
30-1998
Dec. 7, 1998
31-1998
Dec. 7, 1998
01-1999
02-1999
38-1999
Jan. 4, 1999
Jan. 4, 1999
Nov. 1, 1999
16-2001
Aug. 6, 2001
26-2003
Sept. 2, 2003
15-2005
June 20, 2005
16-2005
June 20, 2005
29-2005
02-2006
08-2006
Oct. 17, 2005
Jan. 3, 2006
Mar. 20, 2006
11-2006
17-2006
June 5, 2006
Aug. 21, 2006
18-2006
25-2006
30-2006
Sept. 5, 2006
Oct. 16, 2006
Dec. 4, 2006
20-2007
Apr. 16, 2007
26-2009
Dec. 21, 2001
2010-S-1
* Annexing property located in the 700 block of Ring
Road
01-2010
2010-S-1
Feb. 16, 2010
LIST OF STREET CLOSINGS
DESCRIPTION
Closing Poplar Street over L&N RR Tracks
Closing Warfield between Peachtree & Maple
Closing street on the W. Side of L&N RR between Crutcher &
Poplar Streets (West Railroad Avenue)
Closing alley between Mantle & Sycamore about 225' Northwest
of Poplar Street.
Closing parts of Crutcher Lane & Mallory Street
Closing a portion of Wilson Avenue
Closing a portion of Fair Avenue
Closing Marion Court & Cherry Alley
Closing alley on N. Side of Athletic Court
Closing part of Plum Alley
Closing Wathen Alley
Closing unnamed street adjacent to Fair Avenue
Closing unnamed alleyway adjacent to Skyline Drive
Closing RR crossing at Williams Street & East RR Avenue and
Nicholas Street adjacent to Knight Chemical Company.
Closing streets, public ways and unnamed alleyways on Glendale
Hill.
Closing unnamed street, public way or alleyway in Thomas
Heights Subdivision on Glendale Hill.
Closing a portion of Nicholas Street
Closing unnamed alleys (one between 508-510 East Dixie & two
between 407-409 Pierce Street).
Closing Governor’s Drive
Closing portion or Cathy Street
Closing portions of NE Second Avenue & NE First Avenue and
all NE Second Street
Closing Ehert Avenue
Closing unnamed street contained in lots numbered 182 & 183
Oak Grove Manor Subdivision.
Closing a portion of Pear Orchard Road
Closing Gerrard Court in Glendale Hill Neighborhood
Subdivision
2010-S-1
ORD. #
DATE
05-12-50
08-07-50
10-01-51
03-03-52
22
15
30
41
34
05-16-55
05-16-55
05-20-57
06-16-69
03-05-73
09-04-79
05-04-81
08-03-81
09-08-81
09-07-82
43
10-18-82
50
12-06-82
24
28
06-20-83
08-15-83
10
23
10
04-18-85
07-01-85
02-17-86
33
24
12-15-86
09-17-87
5
6
03-07-88
02-06-89
Closing a portion of Hagans Alley lying between W. Dixie and
Mock Alley
Closing two unnamed passageways in Franklin Heights
Closing a portion of Birch Drive & Red Bud Drive in
Foxborough Estates Subdivision.
Closing Cromer Court in THE VILLAGE, Secton 1 in Pine
Valley Country Club.
Closing Pembrooke Circle & an unnamed right-of-way in
Wellington Place Subdivision.
Closing portion of Glencrest Avenue
Closing portion of Towne Drive
Closing Valley View Avenue
Closing parts of French Street, Pear Orchard Road and Bon Aire
Drive
Closing alley running from South Main Street to South Mulberry
Street
Closing Woodfield Drive located on W. Side of E-town and on
North Side of U.S. Highway 62.
Repealed ordinance closing a portion of Towne Drive and
enacting new ordinance closing a portion of Towne Drive.
Closing College Avenue Alley
Closing Hunter Drive off St. John Road.
Closing a part of Black Branch Road
Closing portion of Hisham Court (AKA Helmwood Plaza Drive)
Closing right of way of Anniston Drive in Pine Valley
Subdivision
Closing unnamed streets in Thomas Heights Subdivision
Closing unnamed alley in Haycraft’s addition
Closing several rights of way in the Northridge Development on
Dolphin Hills Subdivision
Closing a section of Nicholas Street
Closing rights of way in Skyline Heights Subdivision
Closing portion of right of way of Regency Way in the Crowne
Point Section of Dolphin Hills
Closing a portion of Strawberry Alley
Closing undeveloped street-Concorde Circle in Wellington Place
Subdivision.
2010-S-1
7
02-06-89
18
36
07-03-89
12-04-89
16
05-21-90
19
06-04-90
26
12
15
24
09-17-90
02-18-91
03-04-91
06-03-91
25
05-20-91
29
08-05-91
30
08-17-91
39
15
17
16
22
12-04-91
08-17-92
09-13-93
05-02-94
09-06-94
16
19
23
06-26-95
09-18-95
10-02-95
27
18
23
11-06-95
08-19-96
11-04-96
7
9
03-17-97
04-07-97
Closing a part of the right of way of Heartland Drive
Closing undeveloped portion of Birch Drive
Closing a portion of Quince Alley
Closing a portion of right-of-way of Corporate Drive in Madison
Park Subdivision
Closing a portion of right-of-way for Heartland Drive as
requested by Atria
Closing Northeast Second Terrace and Northeast Sixth Street in
Skyline Heights Subdivision
Closing a portion of Savannah Avenue
Closing a portion of the right-of-way of Pear Orchard Road
Closing a portion of the right-of-way known as Cottrell Lane
Closing a portion of right-of-way known as Brown Street Alley
#2
Closing a portion of right-of-way known as University Drive
Closing CSX railroad crossings on North Crestwood Street,
Selbert Drive and Hawkins Drive
Closing a portion of Black Branch Road
Closing a portion of Helm Avenue between West Dixie Avenue
and Strawberry Alley
Closing the unimproved right-of-way of Lakeside Drive in
Lakeview Subdivision (off Pear Orchard Road)
Closing a portion of right-of-way known as North Black Road
Closing a portion of right-of-way known as Cardin Street (Never
Published)
Closing a portion of right-of-way known as Cardin Street
Closing a portion of right-of-way known as Cambridge Way in
Winchester Park Subdivision
Closing a portion of right-of-way known as Fort Knox National
Company Drive
Closing a portion of right-of-way known as South Park Road
Closing a portion of right-of-way known as Buffalo Creek Drive
Closing a portion of right-of-way known as Window Lane
Closing an unimproved alley off Park Avenue
Closing a portion of Helm Alley
Closing a portion of right-of-way off Veterans Way (access road
to Wise Lane)
2010-S-1
12
27
30
05-1998
04-21-97
11-17-97
12-1-97
03-16-98
26-1998
10-19-98
04-1999
01-04-99
11-1999
12-1999
13-1999
14-1999
03-01-99
03-15-99
05-17-99
04-05-99
03-2000
11-2000
02-11-00
07-18-00
12-2000
23-2000
08-07-00
10-16-00
06-2001
03-19-01
12-2001
15-2002
06-18-01
08-19-02
22-2002
24-2002
11-04-02
11-18-02
03-2003
01-06-03
21-2003
14-2004
23-2005
26-2005
30-2005
08-2007
08-04-03
07-19-04
09-19-05
10-03-05
11-07-05
02-20-07
Closing a portion of Henry Street
Closing a portion of right-of-way of Iqbal Drive
Closing a portion of right-of-way of Fairview Avenue
Closing Woodfield Drive
Closing New Alley
Closing Old College Street Road
Closing former right-of-way of Saint John Road
Closing a portion of Right-of-way known as Frontage Road No.
1-L
2010-S-1
09-2007
11-2007
02-2008
04-2008
02-2009
03-2009
07-2009
24-2009
02-20-07
03-05-07
04-07-08
04-07-08
02-02-09
02-17-09
06-15-09
12-07-09
LIST OF STREET NAME CHANGES
DESCRIPTION
Changing Main Cross Street to Dixie Avenue
Naming Every Street
Naming Certain Streets
Naming Washington Streets
Naming Strawberry Lane
Naming Beech Street
Naming Cardin Street
Naming Westview Avenue
Naming Cox Lane
Naming Crestwood Street & Churchill Alley
Naming French Street
Naming Pike Street
Changing name of Kennedy Street, Locust Grove Road and
Valley Creek Road (Springfield Road, Locust Grove Road
and Valley Creek Road)
Naming Industrial Drive
Naming Gloria Dei Lane
Naming Streets off North Dixie Avenue and Pear Orchard
Road (Pear Valley Drive, North View Avenue, Sundown
Street and Sky Blue Avenue)
Naming Bush Lane
Renaming Memorial Drive in Highlands 4 (Lakeside Drive)
Changing name of Billy Creek Road to Peterson Drive
Naming Rocky Loop (off 31W North)
Changing name of Jenkins Lane to Dogwood
Changing name of Crutcher Lane to Short Street
Changing name of Faye Avenue to Fairview Drive
Changing name of New Cox Lane, Edwin Street and Lawson
Court (Commerce Drive, Windview Place and Cliff Ridge
Court)
Naming Sutton Lane
Changing name of Northeast First Street to Towne Drive
Naming Magnet Drive (Crucible Steel Drive)
2009-S-2
ORD. #
---------------------------
DATE
July 1928
Dec. 1929
May 1946
Aug. 1950
Sept. 1950
Mar. 1955
Aug. 1955
Sept. 1955
Oct. 1955
Nov. 1955
Nov. 1955
Dec. 1959
Nov. 1969
----3-1976
Sept. 1971
May 1974
Jan. 1976
29-1976
40-1980
47-1980
13-1982
14-1982
16-1984
6-1985
6-1986
Nov. 1976
Oct. 1980
Nov. 1980
Apr. 1982
Apr. 1982
Aug. 1984
Mar. 1985
Feb. 1986
7-1986
11-1986
12-1986
Feb. 1986
Feb. 1986
Feb. 1986
DESCRIPTION
Changing name of Cathy Street in Mohammed Estates to
Ruby Drive
Municipal Order renaming Dixie Drive to Bankview Drive
Municipal Order renaming White Oak Lane to Hawthorne
Court
Naming & numbering of streets in the City
Changing name of Clifton Avenue to Hobson Way
Changing name of Taylor Avenue to Clifton Avenue
Changing name of Cherry Street to Cherry Drive
Changing name of Shane Lane to Oriole Drive
Changing name of Clark Drive to Murphy Drive
Changing name of Goss Drive to Howell Court
Changing name of Vista Drive to Horizon Drive
Naming alley “Airline Alley”
Changing street names in Rolling Acres Subdivision to Pine
Crest Drive and Winterberry Drive
Changing name of Hisham Court to Helmwood Plaza Drive
Naming street Hidden Lane
Changing name of Lawson Court to Gerrard Court
ORD. #
16-1986
DATE
Apr. 1986
-----
Dec. 1989
Dec. 1989
Changing name of Market Street to Josale Drive
Renaming 100 Block of Moore Drive to Abby Court
Changing Brimstone to Rhinestone Court
Changing Kennedy Street to Springfield Road
Changing street name of Routt Drive (located off US62) to
Window Lane
Changing Old New Glendale Road (between New Glendale
Road and East Dixie Avenue) to Bishop Lane
Naming the unnamed right-of-way (formerly old 447) in
front of Mouser Kitchen – Cabinet Lane
Changing Street name of Dogwood to Dogwood Place
Changing name of a portion of Hawkins Drive to Gallery
Place
Changing name of a portion of Gates Road (between College
Street Road and the current intersection of Gates Road and
Hickory Lane) to Hickory Lane
2009-S-2
20-1991
9-1992
12-1992
23-1992
5-1993
10-1993
13-1993
24-1993
11-1994
12-1994
May 1991
May 18, 1992
June 15, 1992
Dec. 21, 1992
Mar. 1, 1993
Apr. 19, 1993
Apr. 26, 1993
Oct. 18, 1993
April 4, 1994
Apr. 4, 1994
16-1994
6-1995
3-1996
May 2, 1994
May 1, 1995
Feb. 19, 1996
16-1997
27-1998
8-1999
18-1999
36-1999
July 7, 1997
Oct. 23, 1998
Feb. 1, 1999
June 21, 1999
Oct. 18, 1999
37-1999
Nov. 1, 1999
03-2001
Feb. 9, 2001
07-2002
23-2002
June 3, 2002
Nov. 18, 2002
06-2003
Feb. 18, 2003
DESCRIPTION
Naming an unnamed street off College Street Road as
Catalog Drive
Changing the name of Phillips Circle to Philip Circle
Naming the new roadway located behind Towne Mall
Veterans Way
Changing the street name for a portion of ElDorado Drive to
Greenwood Drive
Renaming Mayapple Street to Mayapple Lane
Changing the street name for a portion of Nicholas Street
(800 Block) to Nicholas Springs Court
Changing the street name for a portion of Nicholas Street
(900 Block) to Water Works Drive
2009-S-2
ORD. #
38-2003
DATE
Dec. 15, 2003
04-2004
13-2004
Apr. 5, 2004
July 19, 2004
27-2005
Oct. 17, 2005
14-2007
19-2008
Apr. 2, 2007
Dec. 22, 2008
09-2009
July 20, 2009
SEWER ALLOCATION LIST
Location
North Dixie/Pine Valley
North Dixie/Pear Orchard Road NW
North Boundary
White Oak Drive/Ring Road/Pear Orchard Road
Rineyville Road
Addington Field/Hayden School Road
Sells-Robbins
Pear Orchard Road 1200 Block
Brittany Avenue
White Oak/Brett Drive
2008-S-1
Ordinance No.
28-1997
33-1998
29-1999
02-2004
20-2004
10-2006
15-2007
16-2007
21-2007
33-2007
Date Approved
12-15-97
12-21-98
09-07-99
02-24-04
10-04-04
05-15-06
04-16-07
05-07-07
05-07-07
11-05-07

City of Elizabethtown, Kentucky

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