SEQ CHAPTER

TITLE IX: GENERAL REGULATIONS

Chapter

90. ANIMALS

91. STREETS AND SIDEWALKS

92. NUISANCES

93. FIREWORKS; FIRE PREVENTION

94. LITTERING

95. FAIR HOUSING

96. PARK REGULATIONS

97. SIGNS; POLITICAL CAMPAIGNS

98. EMERGENCY MANAGEMENT

CHAPTER 90: ANIMALS

Section

General Provisions

90.01 Keeping fowl or poultry prohibited

90.02 Noisy animals

90.03 Confinement of animals

90.04 Confinement and control of dogs at all times

90.05 Confinement and control of animals in heat

90.06 Public nuisance

90.07 Animal care

90.08 Animal waste

Vicious Animals

90.15 Definitions

90.16 Confinement of vicious animals required

90.17 Leash and muzzle required when animal is off premises

90.18 Warning sign required

90.19 Public liability insurance required

90.99 Penalty

§ 90.01 KEEPING POULTRY OR SWINE PROHIBITED.

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

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

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

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

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

§ 90.02 NOISY ANIMALS.

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

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

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

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

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

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

§ 90.03 CONFINEMENT OF ANIMALS.

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

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

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

KRS 258.235(5)(a)

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

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

§ 90.04 CONFINEMENT AND CONTROL OF ANIMALS AT NIGHT.

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

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

(KRS 258.265)('78 Code, § 3-4)

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

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

§ 90.05 CONFINEMENT AND CONTROL OF ANIMALS IN HEAT.

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

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

§ 90.06 PUBLIC NUISANCE.

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

(A) Is repeatedly found at large;

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

(D) Chases vehicles;

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

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

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

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

(I) Attacks other domestic animals.

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

§ 90.07 ANIMAL CARE.

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

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

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

§ 90.08 ANIMAL WASTE.

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

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

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

VICIOUS ANIMALS

§ 90.15 DEFINITIONS

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

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

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

"VICIOUS ANIMALS."

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

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

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

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

§ 90.16 CONFINEMENT OF VICIOUS ANIMAL REQUIRED.

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

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

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

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

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

§ 90.18 WARNING SIGN REQUIRED.

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

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

§ 90.19 PUBLIC LIABILITY INSURANCE REQUIRED.

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

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

§ 90.99 PENALTY.

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

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

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

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

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

CHAPTER 91: STREETS AND SIDEWALKS

Section

Excavations and Construction

91.01 Opening permit required

91.02 Application and cash deposit

91.03 Restoration of pavement

91.04 Barriers around excavations

91.05 Warning lights

91.06 Sidewalk construction

91.07 Specifications

91.08 Location requirements

91.09 Sidewalks repairs

Road and Bridge Projects

91.15 Public hearing required

91.16 Notice requirements

91.17 Public may testify; effect of testimony

91.18 Hearing to be held prior to construction

91.l9 Separate hearing for each project not required

91.20 Exemptions from hearing requirement

Obstructions

91.30 Unloading on street or sidewalk

91.31 Street and sidewalk obstruction

91.32 Materials on street or sidewalk

91.33 Removal of ice and snow

91.99 Penalty

EXCAVATIONS AND CONSTRUCTION

§ 91.01 OPENING PERMIT REQUIRED.

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

Penalty, see § 91.99

§ 91.02 APPLICATION AND CASH DEPOSIT.

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

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

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

§ 91.03 RESTORATION OF PAVEMENT.

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

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

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

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

§ 91.04 BARRIERS AROUND EXCAVATIONS.

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

Penalty, see § 91.99

§ 91.05 WARNING LIGHTS.

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

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

Penalty, see § 91.99

§ 91.06 SIDEWALK CONSTRUCTION.

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

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

Statutory reference:

Sidewalks; construction along public roads; specifications, see KRS

178.290

Sidewalks; ramps for wheelchairs, see KRS 66.660

§ 91.07 SPECIFICATIONS.

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

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

§ 91.08 LOCATION REQUIREMENTS.

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

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

§ 91.09 SIDEWALK REPAIRS.

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

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

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

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

ROAD AND BRIDGE PROJECTS

§ 91.15 PUBLIC HEARING REQUIRED.

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

(KRS 174.100)

§ 91.16 NOTICE REQUIREMENTS.

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

(KRS 174.100 (l))

§ 91.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.

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

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

(KRS 174.100 (2),(3))

§ 91.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.

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

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

(KRS 174.100 (4))

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

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

(KRS 174.100 (5))

§ 91.20 EXEMPTIONS FROM HEARING REQUIREMENT.

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

(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter unless construction is suspended after the effective date of this subchapter and the city desires to reactivate the project.

(KRS 174.100 (6), (7))

OBSTRUCTIONS

§ 91.30 UNLOADING ON STREET OR SIDEWALK.

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

Penalty, see § 91.99

§ 91.31 STREET AND SIDEWALK OBSTRUCTION.

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

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

Penalty, see § 91.99

§ 91.32 MATERIALS ON STREET OR SIDEWALK.

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

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

to interfere with the free and unobstructed use thereof.

(B) Exceptions.

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

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

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

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

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

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

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

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

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

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

(1) Benches, permanent.

(2) Waste receptacles, permanent.

(3) Planters, permanent and daily.

(4) Awnings, permanent.

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

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

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

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

Cross-reference:

Littering on streets or sidewalks, see Ch. 94

Burning materials on city streets, see § 93.21

§ 91.33 REMOVAL OF ICE AND SNOW.

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

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

Penalty, see § 91.99

§ 91.99 PENALTY.

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

CHAPTER 92: NUISANCES

Section

General Provisions

92.01 Definitions

92.02 Common law and statutory nuisances

92.03 Certain conditions declared a nuisance

92.04 Abatement procedure

92.05 Nuisance created by others

Noise Control

92.20 Definitions

92.21 Exceeding established sound levels prohibited

92.22 Determination of violation

92.23 Exceptions

92.24 Variances

Braking Devices

92.30 Dynamic braking devices

92.99 Penalty

Cross-reference:

Noisy animals, see § 90.02

Statutory reference:

Private nuisances, see KRS 411.500 - 411.570

GENERAL PROVISIONS

§ 92.01 DEFINITIONS.

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

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

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

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

"NUISANCE." Public nuisance.

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

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

unfit for further use as a conveyance.

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

§ 92.02 COMMON LAW AND STATUTORY NUISANCES.

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

Penalty, see § 92.99

§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.

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

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

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

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

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

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

2003 S-16

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

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

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

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

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

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

Cross-reference:

Tree Commission, see §§ 35.125 - 35.129

§ 92.04 ABATEMENT PROCEDURE.

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

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

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

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

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

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

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

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

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

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

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

§ 92.05 NUISANCE CREATED BY OTHERS.

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

NOISE CONTROL

§ 92.20 DEFINITIONS.

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

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

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

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

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

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

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

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

(Ord. passed 3-23-81)

§ 92.21 EXCEEDING ESTABLISHED SOUND LEVELS PROHIBITED.

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

TABLE 1

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

Residential 55 50

Commercial 60 55

Industrial 65 65

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

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

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

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

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

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

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

§ 92.22 DETERMINATION OF VIOLATION.

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

(Ord., passed 3-23-81)

§ 92.23 EXCEPTIONS.

The provisions of this subchapter shall not apply to:

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

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

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

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

(Ord., passed 3-23-81)

§ 92.24 VARIANCES.

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

(Ord., passed 3-23-81)

BRAKING DEVICES

§ 92.30 DYNAMIC BRAKING DEVICES.

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

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

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

§ 92.99 PENALTY.

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

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

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

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

CHAPTER 93: FIREWORKS; FIRE PREVENTION

Section

Fireworks

93.01 Definitions; legality of items

93.02 Sale or use prohibited; exception for public display

93.03 Common fireworks; restrictions on sale

93.04 Bond or liability insurance requirement

93.05 Exempted sales and uses

93.06 Destruction of fireworks

Fire Prevention

93.20 Fire limits

93.21 Restrictions on open fires

93.22 Blasting permit

93.23 Location and containment of open fires

93.24 Constant attention to open fires required

93.25 Authority to prohibit open fires

93.26 Storage of flammables and other matter

93.99 Penalty

FIREWORKS

§ 93.01 DEFINITIONS; LEGALITY OF ITEMS.

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

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

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

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

(KRS 227.700)

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