CITY OF ANCHORAGE, KENTUCKY CODE OF ORDINANCES

Transcription

1 CITY OF ANCHORAGE, KENTUCKY CODE OF ORDINANCES 2010 S-14 Supplement contains: Local legislation current through Ord , passed ; and State legislation current through 2009 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio (513)

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3 ORDINANCE 98-7 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the fourth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of the Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW THEREFORE, BE IT ORDAINED by the City of Anchorage: SECTION 1: That the fourth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval, and publication as required by law. First Reading: Second Reading: Passed and adopted this 10th day of August, Peyton Hoge III /s/ Peyton Hoge, III, Mayor Christi Franklin /s/ Christi Franklin, City Clerk 1999 S-5 1

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5 ORDINANCE 00-9 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the sixth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of the Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW THEREFORE BE IT ORDAINED by the City of Anchorage: SECTION 1: That the sixth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval, and publication as required by law. YES NO Judy Holtman (Not Present) Martha Juckett X Rudy Miller X Susan Mitchell X Mark O Brien (Not Present) Peg Revell X 2001 S-7 3

6 4 Adopting Ordinance th Passed and approved this 12 day of June, 2000 by a vote of 4 yes and 0 no. Peyton Hoge III /s/ per Executive Order Peyton Hoge III, Mayor Christi Franklin /s/ Christi Franklin, City Clerk 2001 S-7

7 ORDINANCE 01-5 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the seventh supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of the Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW THEREFORE BE IT ORDAINED by the City of Anchorage: SECTION 1: That the seventh supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval, and publication as required by law. YES NO Judy Holtman X Brian Rublein X Rudy Miller X Susan Mitchell X Monica Westhusing X Dan Heiskell X 2002 S-8 5

8 6 Adopting Ordinance Passed and approved this 9 day of July, 2001 by a vote of 6 yes and 0 no. Rudy Miller /s/ Rudy Miller, Presiding Officer Michelle Fidanza /s/ Michelle Fidanza, City Clerk 2002 S-8

9 ORDINANCE 02-6 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the eighth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of the Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW THEREFORE BE IT ORDAINED by the City of Anchorage: SECTION 1: That the eighth supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval, and publication as required by law. YES NO Judy Holtman X Brian Rublein X Rudy Miller X Susan Mitchell X Monica Westhusing X Dan Heiskell X 2003 S-9 7

10 8 Adopting Ordinance Passed and approved this 11 day of November, 2002 by a vote of 6 yes and 0 no. W. Thomas Hewitt /s/ W. Thomas Hewitt, Mayor Michelle Fidanza /s/ Michelle Fidanza, City Clerk 2003 S-9

11 CITY OF ANCHORAGE ORDINANCE NO. 3, SERIES 2003 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the seventh supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of the Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW THEREFORE BE IT ORDAINED by the City of Anchorage: SECTION 1: That the seventh supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval, and publication as required by law. YES NO Judy Holtman Absent Brian Rublein X Rudy Miller Absent Susan Mitchell X Monica Westhusing X Peggy Revell X 2005 S-10 9

12 10 Adopting Ordinance Passed and approved this 9th day of June, 2003 by a vote of 4 yes and 0 no. W. Thomas Hewitt /s/ W. Thomas Hewitt, Mayor Michelle Fidanza /s/ Michelle Fidanza, City Clerk 2005 S-10

13 CITY OF ANCHORAGE, KENTUCKY ORDINANCE NO. 10, SERIES 2006 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2006 S-11 supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which supplement contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW, THEREFORE, BE IT ORDAINED by the City of Anchorage: SECTION 1: That the 2006 S-11 supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval and publication as required by law. Date of First Reading: November 15, 2006 Date of Second Reading: December 11, 2006 YES NO Richard Sweet X Roger Durham X Rudy Miller X Susan Mitchell X Brian Rublein X Lisa Davenport X 2008 S

14 12 Anchorage - Adopting Ordinance W. Thomas Hewitt /s/ W. Thomas Hewitt, Mayor Nan Schlindwein /s/ Nan Schlindwein, City Clerk 2008 S-12

15 ORDINANCE NO. 4, SERIES 2009 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF ANCHORAGE, KENTUCKY WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2009 S-13 supplement to the Code of Ordinances of the City of Anchorage, Kentucky, which supplement contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Kentucky Revised Statutes; WHEREAS, it is the intent of Council to accept these updated sections in accordance with the changes of the law of the Commonwealth of Kentucky; NOW, THEREFORE, BE IT ORDAINED by the City of Anchorage: SECTION 1: That the 2009 S-13 supplement to the Code of Ordinances of the City of Anchorage, Kentucky, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety. SECTION 2: That this ordinance shall take effect and be in force from and after its date of passage, approval and publication as required by law. Date of First Reading: Date of Second Reading: June 16, 2009 YES NO Ramsey, Neil X Durham, Roger X Wetherton, Bill X Heiskell, Dan X Mitchell, Susan X Rublein, Brian X 2010 S-14 13

16 14 Anchorage - Adopting Ordinance W. Thomas Hewitt /s/ W. Thomas Hewitt, Mayor Nan Schlindwein /s/ Nan Schlindwein, City Clerk 2010 S-14

17 TITLE I: GENERAL PROVISIONS Chapter 10. RULES OF CONSTRUCTION; GENERAL PENALTY 1

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19 CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY Section Short titles Definitions Rules of construction Computation of time Majority may act for all; authorized agent Writings and signatures Severability Revivor Rights and liabilities accruing before repeal of ordinance Construction of section references Ordinances repealed Ordinances unaffected Ordinances saved Amendments to code; amendatory language Conflicting provisions Reference to offices Errors and omissions Historical and statutory references Penalty SHORT TITLES. (A) All ordinances of a permanent and general nature of the city as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the Anchorage Code, for which designation codified ordinances or code may be substituted. Code, title, chapter, and section headings do not constitute any part of the law as contained in the code. (KRS ) (B) All references to codes, titles, chapters, and sections are to such components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the traffic code. Sections may be referred to and cited by the designation followed by the number, such as Headings and captions used in this code other than the title, chapter, and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section DEFINITIONS. For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACTION. Includes all proceedings in any court of this state. (KRS (1)) AND. May be read OR, and OR may be read AND, if the sense requires it. ANIMAL. Includes every warm-blooded living creature except a human being. (KRS (2)) CATTLE. Includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex. (KRS (6)) CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. When used in this code shall denote the City of Anchorage irrespective of its population or legal classification. COMPANY. May extend and be applied to any corporation, company, person, partnership, joint stock company, or association. (KRS (7)) CORPORATION. May extend and be applied to any corporation, company, partnership, joint stock company, or association. (KRS (8)) 3

20 4 Anchorage - General Provisions COUNCIL. The city legislative body. (KRS 83A.010 (5)) COUNTY. Jefferson County, Kentucky. CRUELTY. As applied to animals, includes every act or omission whereby unjustifiable physical pain, suffering, or death is caused or permitted. (KRS (9)) DIRECTORS. When applied to corporations, includes managers or trustees. (KRS (10)) DOMESTIC. When applied to corporations, partnerships, limited partnerships, or limited liability companies, means all those incorporated or formed by authority of this state. (KRS (11)) DOMESTIC ANIMAL. Any animal converted to domestic habitat. (KRS (12)) EXECUTIVE AUTHORITY. (KRS 83A.010(6)) The Mayor. FEDERAL. Refers to the United States. (KRS (13)) FOREIGN. When applied to corporations, partnerships, limited partnerships, or limited liability companies, includes all those incorporated or formed by authority of any other state. (KRS (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 (18)) LEGISLATIVE BODY. The City Council. (KRS 91A.010(8)) LEGISLATIVE BODY MEMBER. A City Councilman. (KRS 83A.010(8)) MAY. The act referred to is permissive. (KRS (20)) MONTH. Calendar month. (KRS (21)) MUNICIPALITY. The City of Anchorage, Kentucky. OATH. Includes AFFIRMATION in all cases in which an affirmation may be substituted for an oath. (KRS (22)) PARTNERSHIPS. Includes bother general and limited partnerships. (KRS (24)) PEACE OFFICER. Includes sheriffs, constables, coroners, jailers, metropolitan and urbancounty government correctional officers, marshals, policemen, and other persons with similar authority to make arrests. (KRS (25)) PERSON. May extend and be applied to bodiespolitic and corporate, societies, communities, the public generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability companies. (KRS (27)) 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 S-11

21 Rules of Construction; General Penalty 5 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 (29)) SHALL. The act referred to is mandatory. (KRS (30)) SWORN. Includes AFFIRMED in all cases in which an affirmation may be substituted for an oath. (KRS (33)) SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians. STATE. The State of Kentucky. STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the city. SUBCHAPTER. A division of a chapter, designated in this code by 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 (35)) VIOLATE. Includes failure to comply with. (KRS (36)) YEAR. Calendar year. (KRS (38)) 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 (1)) (B) Masculine includes feminine. A word importing the masculine gender only may extend and be applied to females as well as males. (KRS (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 (1)) (D) Retroactivity. No ordinance shall be construed to be retroactive, unless expressly so declared. (KRS (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 (4)) 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 S-11

22 6 Anchorage - General Provisions (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 ) (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 MAJORITY MAY ACT FOR ALL; AUTHORIZED AGENT. (A) Words giving authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons. (KRS ) (B) When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include such acts when done by an authorized agent 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 ) SEVERABILITY. It shall be considered that it is the intent of Council in enacting any ordinance, that if any part of the ordinance be held unconstitutional the remaining parts shall remain in force, unless the ordinance provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that Council would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of Council. (KRS ) 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 S-11

23 Rules of Construction; General Penalty 7 (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 ) 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 ) 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 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 ORDINANCES UNAFFECTED. 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 ORDINANCES SAVED. Whenever an ordinance by its nature either authorizes or enables the Council, or a certain city officer or employee, to make additional ordinances or regulations for the purpose of carrying out the intent of the ordinance, all ordinances and regulations of a similar nature serving such purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved 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 S-11

24 8 Anchorage - General Provisions (B) The method of amendment set forth in should be used by the city to amend, add, or repeal a chapter, section, or division of this code of ordinances CONFLICTING PROVISIONS. If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be so construed as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole 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 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 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 ; Am. Ord. 15, passed ; Am. Ord. 20, passed ; Am. Ord. 25, passed ) (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 ; Am. Ord. 20, passed ). 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: MAYOR. The executive authority of the city shall be vested in and exercised by the Mayor. (Ord. 10, passed ) Statutory reference: For powers and duties of the Mayor, see KRS 83A GENERAL PENALTY. Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty is otherwise provided, the offense shall be deemed a violation and the offender shall be fined not more than $250 for each offense S-11

25 TITLE III: ADMINISTRATION Chapter 30. MAYOR-COUNCIL PLAN 31. CITY OFFICIALS 32. CITY COUNCIL 33. FINANCE AND REVENUE 34. PUBLIC RECORDS 35. TAXATION 36. DEPARTMENTS AND COMMISSIONS 37. CODE OF ETHICS 1

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27 CHAPTER 30: MAYOR-COUNCIL PLAN Section Form of government Governing officers FORM OF GOVERNMENT. The form of government provided for this city shall be known as the Mayor-Council Plan. (KRS 83A.130(1)) 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)) 3

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29 CHAPTER 31: CITY OFFICIALS Section General Provisions Oath; bond Compensation Removal from office Indemnification of officers and employees Elected Officials Election procedure Mayor Councilmembers Nonelected City Officials Establishment of nonelected city offices City Clerk City Administrative Officer City Engineer Deputy Mayor Personnel Provisions Retirement policy Cross-reference: Code of Ethics, see Ch OATH; BOND. GENERAL PROVISIONS (A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of, according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God, as established by section 228 of the Kentucky Constitution. (B) Bond. Official bonds shall, if required, meet the standards of KRS 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 his election or during his term of office. (1) In order to equate the compensation of Mayors and Councilmembers with the purchasing power of the dollar, the State Finance and Administration Cabinet computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor in cities of the first class shall be paid at a rate no greater than $12,000 per annum and Mayors in cities other than the first class and Councilmembers shall be paid at a rate no greater than $7,200 per annum. 5

30 2000 S-6

31 6 Anchorage - Administration (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 State Finance and Administration Cabinet. (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 ordinance of the city. (D) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee. Statutory reference: Compensation, see KRS 83A.070 and 83A REMOVAL FROM OFFICE. (A) Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the City Council exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, has the right to appeal to the circuit court of the county and the appeal shall be on the record. No officer so removed is eligible to fill the office vacated before the expiration of the term to which originally elected. (B) Nonelected officers. Nonelected city officers may be removed by the Mayor at will, unless otherwise provided by state law or ordinance. Statutory reference: Removal of elected officers, see KRS 83A.040(9) Removal of nonelected officers, see KRS 83A.080(3) INDEMNIFICATION OF OFFICERS AND EMPLOYEES. (A) For purposes of this section, the following definitions shall apply unless the context clearly requires a different meaning: (1) ACTION IN TORT. Any claim for monetary damages based upon negligence, intentional tort, nuisance, products liability and strict liability and shall also include any wrongful death or survival-type action. (2) OFFICER. Any elected or appointed official of the city. (3) EMPLOYEE. All full- and part-time employees of the city including volunteer firefighters and auxiliary police officers, if any, but shall not include any independent contractor or any employee, agent, supplier or subcontractor of any independent contractor. (B) Except as provided in division (E) of this section, the city shall, without cost to the officer or employee, provide for the legal defense of any officer or employee in any action in tort arising out of an act or omission occurring within the scope of the officer's or employee's employment or public duties with the city. (C) The city may provide for the defense of any officer or employee through its own legal counsel or by employing independent legal counsel or by purchasing insurance which requires the insurer to defend. If the city defends through its own legal counsel and its legal counsel determines that the interests of the officer or employee and the city conflict, the city shall obtain the written consent of the employee for such representation or shall provide independent representation. An employee may have his own legal counsel to assist in the defense at the expense of the employee. (D) Upon receiving service of a summons and complaint in any action in tort brought against him, an officer or employee shall, within ten days of his receipt of service, give written notice of the claim and make a request that the city provide a defense to the action. The notice of claim and request for defense shall be filed with the Mayor S-8

32 City Officials 7 (E) The city may refuse to provide for the defense of any action in tort brought against an officer or employee of the city if it determines and notifies the officer or employee in writing that: (1) The act or omission was not within the actual or apparent scope of the employee's employment or the officer's official capacity; (2) The employee or officer acted or failed to act because of fraud, malice or corruption; or (3) A timely request to defend was not made in accordance with division (D) of this section. (F) If the city refuses to provide an officer or employee with a defense and the officer or employee provides his own defense, the officer or employee shall be entitled to recover all necessary and reasonable costs of the defense from the city if the act or omission is judicially determined to have arisen out of the actual or apparent scope of the employee's employment and the employee is found to have acted without fraud, malice or corruption. (G) Subject to the limitations set forth in division (H) of this section, and provided that the city shall not pay any award of punitive or exemplary damages, the city shall pay any judgment rendered against an officer or employee in any action in tort, or any compromise or settlement of such action. (H) The city may refuse to pay any judgment, compromise or settlement in any action in tort against an officer or employee, or if the city pays any judgment, compromise or settlement, it may recover from the officer or employee the amount of such payment and the costs to defend, if: (1) The officer or employee acted or failed to act because of fraud, malice or corruption; (2) The action was outside the actual or apparent scope of the employee's employment or the officer's official capacity; (3) The employee or officer willfully failed or refused to assist the defense of the action; or (I) An officer or employee who is being provided a defense in an action in tort by the city shall not enter into any compromise or settlement of the action without the approval of the legislative body of the city. (J) Nothing in this section shall be construed as a waiver to any defense which the city may assess in any action in tort brought against it or any officer or employee of the city. (Ord. 86-2, passed ) ELECTED OFFICIALS ELECTION PROCEDURE. (A) The Mayor, City Councilmembers and any other elected officials, shall be elected at-large in accordance with the provisions for non-partisan elections set forth in KRS 83A.170. (Ord. 85-2, passed ) (B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than five years from the last change. (C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally. (D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Councilmembers may not be abolished. (E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office. (F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office. (4) The employee or officer compromised or settled the claim without the consent of the legislative body of the city S-6

33 8 Anchorage - Administration (G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed. Statutory reference: Election of city officers, see KRS 83A.050 Creation, abolishment of city offices, see KRS 83A.080(4), (5) MAYOR. (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 his or her election. His term of office begins on the first day of January following his election and shall be for four years and until his successor qualifies. (B) Qualifications. The Mayor shall be at least 25 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office. (C) Vacancy. If a vacancy occurs in the office of Mayor, Council shall fill the vacancy within 30 days. If for any reason, any vacancy in the office of Mayor is not filled within 30 days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed. (KRS 83A.040(1),(2),(6)) (1) When voting to fill a vacancy in the office of Mayor, a member of the City Council shall not vote for himself. (KRS 83A.040(2)(c)) (2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his successor. (KRS 83A.040(3)) (3) No vacancy by reason of a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation shall be effective at the next regular or special meeting of the city legislative body occurring after the date specified in the written letter of resignation. (KRS 83A.040(7)) (4) If a vacancy occurs in the office of Mayor which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy. (KRS 83A.040 (8)) (5) The City Council shall elect from among its members an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor in accordance with the provisions of KRS 83A.130. (KRS 83A.040(2)(d)) (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. He shall supervise all departments of city government and the conduct of all city officers and employees under his jurisdiction and require each department to make reports to him as required by ordinance or as he 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 he finds appropriate or as required by ordinance, but not less than annually. He shall make any recommendations for actions by the Council he finds in the public interest. (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 his official authority to fulfill executive functions shall be made by 2009 S-13

34 City Officials 9 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 his 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)) (8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he is unable to attend to the duties of his office by delegating responsibility for any function to be performed, in accordance with 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 his absence under this section within 30 days of such action. If for any reason the disability of the Mayor to attend to his 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)) COUNCILMEMBERS. For provisions concerning City Council, see Chapter 32. (1) Title of office; (2) Powers and duties of office; (3) Oath of office; (4) Bond, if required; and (5) Compensation, which may be specifically established or set by reference to another ordinance in which the compensation is specifically established. (B) With the exception of the Police Chief and all city police officers, all nonelected city officers shall be appointed by the Mayor with approval of City Council. The Police Chief and all city police officers shall be appointed by the Mayor at will and such appointments need not be approved by City Council. (C) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance. (D) The following are nonelected city offices: (1) City Clerk; (2) City Administrative Officer; (3) City Engineer; (4) City Zoning Compliance Officer; and (5) City Tax Assessor. Statutory reference: Nonelected city offices, see KRS 83A.080(1),(2),(3) CITY CLERK. NONELECTED CITY OFFICIALS ESTABLISHMENT OF NONELECTED CITY OFFICES. (A) All nonelected city offices shall be created by ordinance which shall specify: (A) The city hereby establishes the office of the City Clerk. (B) The office of City Clerk may, by ordinance, be combined with any other nonelected city office by inclusion of the title and duties of such office S-8

35 10 Anchorage - Administration (C) The duties and responsibilities of the Clerk shall include, but are not limited to the following: (1) Maintenance and safekeeping of the permanent records of the city; (2) Performance of the duties required of the official custodian or custodian pursuant to KRS through ; used; (3) Possession of the seal of the city if (4) No later than January 31 of each year, mail to the Governor s Office for Local Development a list containing current city information including but not limited to the following: (a) The correct name of the Mayor, legislative body members, and the following appointed officials who are serving as of January 1 of each year: 1. City Clerk; 2. City Treasurer; 3. City Manager; 4. City Attorney; 5. Finance Director; 6. Police Chief; 7. Fire Chief; and 8. Public Works Director; (b) The correct name of the city, mailing address for city hall, and telephone number of the city hall; and (c) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.; (5) Performance of all other duties and responsibilities required of the City Clerk by statute or ordinance. (KRS 83A.085) (D) Compensation shall be in the amount as established by the City Council from time to time as set forth in (E) No person shall be appointed or act as the City Clerk 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 CITY ADMINISTRATIVE OFFICER. (A) There is hereby created the office of City Administrative Officer. (B) Qualifications for the office of City Administrative Officer are: (1) A four-year degree from an accredited college or university, or equivalent post graduate education, in public or police administration, finance, business, or a related field; (2) Experience in administration and personnel management sufficient to insure competent performance of the duties of City Administrative Officer; and (3) Be bondable in the minimum amount set forth in division (F) of this section. (C) Duties of the office of City Administrative Officer are: (1) Advise the executive authority of the city in policy formulation on overall problems of the city; (2) Have major responsibility for preparation and administration of operating and capitol improvement budgets under direction of the executive authority; 2008 S-12

36 City Officials 1 1 (3) Advise the executive authority of the city in the appointment of subordinate administrative personnel; (4) Administer personnel policies of the city as are established by the Mayor and Council including, but not limited to, employment, promotions, salaries, suspensions, dismissals, and the like, all subject to appropriate statutes, ordinances, and administrative or executive orders; (5) Report directly to the Mayor and set up a succession of reporting in the absence of the Mayor in regard to the supervision of the Police Department; (6) Have continuing direct relationships with all other operating department heads of the city on implementation and administration of programs; (7) Advise the city on matters regarding insurance, liability and related policy formation; (8) Have ultimate responsibility, together with the City Treasurer and Clerk, for the city's banking affairs and investment of city funds in accordance with state and federal requirements and city policies; (9) Be the representative of the Mayor and/or City Councilmembers at public functions and meetings, including board meetings of the Fire and Ambulance Districts, attend all City Council meetings, deliver such oral or written reports as requested by the Mayor or City Council, and respond to inquiries and complaints directed to the city; (10) Prepare requests for funding from other governmental entities and administer programs funded by those entities; (11) Together with City Clerk and Treasurer, insure that the various tax bills, license fees, user fees, and the like of the city are properly prepared and mailed and that the functions of property valuation and equalization are carried out; (12) Act as one of the authorized officials of the city for the purpose of signing city checks. (D) The City Administrative Officer shall carry out all additional duties lawfully delegated by appropriate order of the Mayor and shall have the same powers as the Mayor in carrying out such duties. (E) Before entering upon the duties of the office of City Administrative Officer, the City Administrative Officer shall take the oath of office set forth in Section 228 of the Constitution of the Commonwealth of Kentucky. (F) Before entering upon the duties of the office of City Administrative Officer, the City Administrative Officer shall post a bond in the faithful performance of duties in favor of the city in the amount of $100,000. (G) Compensation for the office of City Administrative Officer shall be as established by the City Council from time to time as set forth in 31.02, and shall be reasonable and commensurate with the qualifications and experience of the person occupying the office and shall be confirmed annually by the City Council. (H) The City Administrative Officer shall be appointed by the Mayor with the approval of the City Council as recorded in the minutes of the Council. The City Administrative Officer shall serve at the pleasure of the Mayor. (Ord. 92-1, passed ) CITY ENGINEER. (A) The office of City Engineer is hereby established. (B) The City Engineer shall be appointed by the Mayor with the approval of the City Council pursuant to KRS 83A.080; and may be removed by the Mayor at will. (C) No person shall be appointed or act as the City Engineer unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided a bond in the sum as established by City Council with corporate surety authorized to transact business in 2001 S-7