TITLE III

TITLE III: ADMINISTRATION

Chapter

30. GENERAL PROVISIONS

31. COUNTY ORGANIZATIONS

32. EMERGENCY MANAGEMENT

33. FEES

CHAPTER 30: GENERAL PROVISIONS

Section

30.01 Electioneering

30.02 Access to public records

30.03 Adoption of administrative codes

30.04 Adoption of personnel regulations

30.05 Magisterial voting districts

§ 30.01 ELECTIONEERING.

(A) To fulfill the government’s obligation to protect the voter and the integrity of the election process from actual or attempted fraud, from obstruction, from intimidation real or inferred, from attempted or actual vote buying, from invasion of privacy, from harassment real, threatened or implied, from hindrance or delay all done under the disguise of electioneering, an electioneering free zone is established within 300 feet of the entrance to any building containing a polling place on any election day. No person shall, on the day of any election as established in KRS 118.025, do any electioneering at the polling place or within a distance of 300 feet of the main entrance of a building used by voters in which a voting machine is located on election day. No person shall, on the day of any election as established in KRS 118.025, intentionally invade the right of privacy of any person on his or her way to vote, or cause interference, harassment, or alarm to any person on his or her way to vote. No person shall loiter or congregate in, or hinder or delay a voter, or solicit, or attempt to influence any voter in casting his or her vote, within this 300-foot campaign-free zone. Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any political party, candidate or question on the ballot in any manner. Nothing contained in this section shall prohibit electioneering conducted within the interior of a private residence or business establishment by persons having a leased or ownership interest in the property, within the campaign-free zone, provided that all electioneering activities are confined to the interior of the buildings and cannot be heard or observed by any voters going to the polling place. Nothing in this section shall prohibit the displaying of political signs on private property or private establishment by a person having a leased or ownership interest in that private property or private establishment within the campaign-free zone, regardless of the distance from the polling place, provided that the sign is not accompanied by a person and does not emit any sound, and is not audio-visual or mechanical, and no larger than 4 square feet in size.

(B) Any precinct election officer, County Clerk, Deputy County Clerk, or any law enforcement official may enforce this section at the polls within 300 feet of the main entrance to the building used by voters in which the voting machine is located. Assistance may be requested of any law enforcement officer.

(C) Any property used for a polling location on election day shall not be considered a public place in any manner for public discourse. The grounds, buildings, sidewalks and parking lots at all polling locations are designated non-public forums for the election day.

(D) Any person who violates any provision of this section after he or she has been duly notified of the provisions by the sheriff of the election precinct shall, for each offense, be fined not more than $500, or be imprisoned for a term not to exceed 12 months, or both so fined and so imprisoned.

(Ord. 8-3-06, passed 8-3-2004)

§ 30.02 ACCESS TO PUBLIC RECORDS.

(A) Unless the context specifically indicates otherwise, the meaning of terms used in this subchapter shall be as follows:

CITY. The City Council of Shelbyville, Kentucky.

COUNTY. The Fiscal Court of Shelby County.

CUSTODIAN. The official custodian, or any authorized person, having personal custody and control of public records. The custodian, having personal custody of most of the public records, is the Judge Executive of Shelby County.

OFFICIAL CUSTODIAN. The Judge Executive.

PERSON. A human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records.

PUBLIC AGENCY. Every County and County governing body, council, school district board, special district board, municipal corporation, court of judicial agency, and any board, department, commission, committee, subcommittee, ad hoc committee, council, or agency thereof.

PUBLIC RECORDS. All books, papers, maps, photographs, cards, tapes, discs, recordings or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. PUBLIC RECORDS shall not include any records that have been excluded by division (C) below.

REQUEST. An oral petition by any person; or, at the option of the custodian, the completion of a written application that clearly states the specific public record or records that are desired for inspection and/or application.

REASONABLE FEE or FEE. The fair payment required by a public agency for making copies of public records which shall not exceed the actual cost thereof and shall not include the cost of staff time required.

(B) The following procedures shall be followed by persons making a request to inspect public records and by the official custodian and/or custodians of those public records:

(1) Initial request with immediate inspection.

(a) As defined in § 30.02(A), and subject to the limitations set forth in § 30.02(C), any person desiring to inspect or copy the public records of a governmental unit shall make a request and/or complete written application for the records at the office of the Official Custodian during regular office hours, Monday through Friday of each week, except during legal holidays.

(b) If the Custodian determines that a person's request is in compliance with the open records law, and that the requested records are immediately available, the custodian shall deliver the requested records for inspection. Suitable facilities shall be made available for the inspection, and no person shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record.

(c) The applicant shall have the right to make abstracts of the public records and to obtain copies of all written public records. When written copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in § 30.02(A).

(2) Referral to proper custodian. If the Secretary for the Official Custodian does not have custody or control of the public record or records requested, the Secretary shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if the facts are known by the Secretary.

(3) Public records not immediately available. If the public records are in active use, in storage, or not otherwise available, the official custodian shall immediately so notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed 3 days (excepting, Saturdays, Sundays, and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay as well as the place, time, and earliest date on which the public record will be available for inspection and/or duplication.

(4) Refusal of unreasonable requests. If the application places an unreasonable burden in producing voluminous public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records. However, refusal under this section must be sustained in writing by clear and convincing evidence and placed in the appropriate files.

(5) Time limitation - denial of inspection.

(a) The Public Agency, upon any request for records made under this Act, shall determine within 3 days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any request whether to comply with the request, and shall notify in writing the person making the request, within the 3-day period, of its decision. Any agency response denying, in whole or in part, inspection of any record, shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian, or under his or her authority; and it shall constitute final agency action.

(b) A copy of the written response denying inspection of a public record shall be forwarded immediately by the Public Agency to the Attorney General of the Commonwealth of Kentucky. Upon the Attorney General's request, the agency will provide additional documentation.

(c) If, upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspection, the agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request or if the Public Agency continues to withhold the record notwithstanding the Attorney General's opinion, and the person seeking disclosure institutes proceedings in circuit court, the Public Agency shall notify the Attorney General of the action.

(6) Miscellaneous regulations.

(a) No official of the Governmental Body shall willfully conceal or destroy any record with the intent to violate the provisions of the Act or of these rules and regulations.

(b) Any person shall have access to any public record relating to him or her or in which he or she is mentioned by name and upon presentation of appropriate identification, subject to the provisions of § 30.02(C) of these rules and regulations.

(C) The following public records are excluded from the application of the Act; and these rules and regulations shall be subject to inspection only upon order of a Court of competent jurisdiction:

(1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. Examples include acquisition, relocation, and rehabilitation files on families disclosing income or other personal data; and

(2) Records confidentially disclosed to an agency and compiled and maintained for scientific research, the regulation of commercial enterprise, including mineral exploration records, unpatented secret commercially-valuable plans, appliances, formulae, or processes which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential, or for the grant or review of a license to do business, and if openly disclosed, would permit an unfair advantage to competitors of the subject's enterprise. This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statute.

(Res. 9, passed 9-10-1991)

§ 30.03 ADOPTION OF ADMINISTRATIVE CODE.

(A) Shelby County, Kentucky, through the Shelby County Fiscal Court, hereby adopts an administrative code, a copy of which is attached to Ord. 06-20-08, and incorporated herein by reference as fully as if set out at length herein pursuant to KRS 68.005, as amended.

(B) The administrative code shall only be amended and revised pursuant to KRS 68.005, as amended.

(C) Each page of the administrative code and any subsequent revisions shall have the seal of the county placed thereon with the initials of the County Judge/Executive and the Fiscal Court Clerk to verify authenticity.

(Ord. 06-20-08, passed 6-20-2006)

§ 30.04 ADOPTION OF PERSONNEL REGULATIONS.

(A) The rules attached hereto shall be the system of personnel administration for Shelby County.

(B) These rules shall become part of the Administrative Code of Shelby County adopted on June 12, 1979.

(Res. passed 3-15-1983)

§ 30.05 MAGISTERIAL VOTING DISTRICTS.

The Magisterial/Constable districts are hereby established in accordance with the boundary line descriptions, a map of which is incorporated by reference as if appearing in total and is on file in the Shelby County Fiscal Court.

(A) District # 1. The boundary lines of this Magisterial District are described as follows: Beginning on Ky Hwy 53 at city limits line; follow 53 South to Rail Road track; thence north west follow Rail Road track to White Oak; thence south to the city limits boundary then follow the city limits boundary west to Rail Road; thence follow Rail Road to 7th Street; follow 7th Street north to the city limits boundary; follow that boundary to the beginning.

(B) District # 2. The boundary lines of this Magisterial District are described as follows: Beginning at the Jefferson County line at the centerline of KY Hwy 148 and proceeding in a southeasterly direction to Veechdale Road; thence proceeds northeasterly along the centerline of Veechdale Road to Taylor Wood Road; thence to the intersection of Buck Creek Road and Brunnerstown Road; thence along the centerline of Brunnerstown Road to the Bullskin Creek; thence follows Bullskin Creek in a northwesterly direction to I 64; thence in an Easterly direction along the centerline of I 64 to Joyes Station Road; thence northerly along centerline of Joyes Station Road to U.S. 60; thence in an easterly direction to Scott Station Road; thence follows the centerline of Scott Station Road in a northerly direction to the intersection of Scott Station, Harrington Mill, and Hebron Roads; thence follows the centerline of the Hebron Road to Bullskin Creek; thence follows Bullskin Creek to the intersection of Lutz Creek and Bullskin Creek; thence follows Lutz Creek to Aiken Road. At the intersection of Aiken Road & Dover Road this District follows the centerline of Dover Road in a northerly direction to the Shelby - Oldham County lines; thence follows the Shelby - Oldham County line in a Southeasterly direction to the Shelby - Jefferson county lines in an easterly direction to where the county lines make a 90 degree turn south; thence proceeds in a southerly direction to a termination point where Ky Hwy 148 and the Southern Rail Way intersect.

(C) District # 3. The boundary lines of this Magisterial District are as described as follows: Beginning at the Oldham County line and Dover Road this District proceeds in a southeasterly direction along the centerline of Dover Road to the intersection of Lutz Creek and Bullskin Creek; thence in a westerly direction along Bullskin Creek to the intersection of Bullskin Creek and the Hebron Road; thence in a southerly direction along the centerline of Hebron Road to the intersection of the Hebron, Harrington Mill & Scott Station Roads; thence in a southerly direction along the centerline of Scott Station Road to the CSX Rail Road. This District then follows the city limits as they exist as of August, 2001 to Midland Trail; thence along the centerline of Midland Trail to Peachtree Street, and the city limits following city limits north and west to the end of city limits; thence north to the Rail Road; follow Rail Road east to Lagrange Road; thence north on Lagrange Road to the end of city limits; east and south to 7th Street; follow 7th Street to Eminence Road; thence east north on Eminence Road to Henry County line.

(D) District # 4. The boundary lines of this Magisterial District are described as follows: Beginning at Eminence Road at the Henry County line; follow Eminence Road south to 7th Street; follow 7th Street to Main Street; follow Main East to Boone Station Road; follow Boone Station Road north to Benson Pike; follow Benson northeast to Franklin County line.

(E) District # 5. The boundary lines of this Magisterial District are described as follows: Beginning at the Franklin County line and Benson Road; follow Benson Road West to Boone Station Road; follow Boone Station Road south to the Mt. Eden Road; thence south on Mt. Eden Road to Southern Rail Road; follow Southern Rail Road southeast to I 64; thence on I 64 east to Franklin County line.

(F) District # 6. The boundary lines of this Magisterial District are described as follows: Beginning at I 64 and the Franklin County line; west to Southern Rail Way, follow Southern Rail Way northwest to Mt. Eden Road; thence following Mt. Eden Road north to U.S. 60; follow U.S. 60 east to Clear Creek; follow Creek around city limits line to the Mt. Eden Road; follow Mt. Eden Road south to an un-named Creek; follow un-named Creek northeasterly direction to Anderson County line.

(G) District # 7. The boundary lines of this district are described as follows: Beginning at the Jefferson County line and the centerline of Ky Hwy 148 and proceeds in a southeasterly direction to Veechdale Road; thence proceeds in a northeasterly direction along the centerline of Veechdale Road to the Taylorwood Road and along the centerline of the Taylorwood Road to the intersection of the Buck Creek and the Brunnerstown Roads; thence proceeds along the centerline of the Brunnerstown Road to the Bullskin Creek; thence follows Bullskin Creek in a northwesterly direction to I 64; thence proceeds in an easterly direction along the centerline of I 64 to Joyes Station Road; thence proceeds in a northerly direction along the centerline of Joyes Station Road to the Shelbyville Road (U.S. 60); thence along the Shelbyville Road in an easterly direction to the Scott Station Road; thence along the centerline of Scott Station Road in a northerly direction to the CSX Rail Road. This district then follows the Shelbyville City limits as of August, 2001 to Midland Trail; thence follow Midland Trail in an easterly direction to the Mack Walters Road; thence proceed south along the centerline of the Mack Walters Road to the Southern Rail Road; thence proceeds in a northeasterly direction along the Southern Rail Road to 7th Street; thence in a northerly direction along 7th Street to Main Street; follow Main Street east to Clear Creek; then follow Clear Creek and city limits line to Mt Eden Road; thence south on Mt. Eden Road to un-named Creek; follow un-named Creek to Anderson County line.

(Ord. 9-13-06, passed 9-13-2001)

CHAPTER 31: COUNTY ORGANIZATIONS

Section

Solid Waste Disposal District Board

31.01 Authority

31.02 Enforcement process for clean-up of illegal dump sites adopted

Tourism Commission

31.15 Establishment and members

31.16 Appointment to commission; time periods

31.17 Terms of commission members

31.18 Duties

31.19 Audits

31.20 Removal from office

31.21 Terms of current commission members

31.22 Room taxes

31.23 Unpaid taxes

31.24 Examination of books and the like to determine accuracy

Industrial Development Authority

31.35 Creation

31.36 Organization

Recreational Board

31.50 Establishment

Appendix A: Enforcement process for clean-up of illegal dump sites

SOLID WASTE DISPOSAL DISTRICT BOARD

§ 31.01 AUTHORITY.

(A) To utilize an enforcement officer whom shall have full legal authority to enforce the ordinances, regulations, policies and procedures of the county and the district in all matters of solid waste;

(B) To authorize jurisdiction of the enforcement officer to be that of the boundaries of the county and its incorporated cities; and

(1) Have the authority to enter onto property to examine the compliance to the ordinances, regulations, policies, and procedures;

(2) Have the authority to carry out the enforcement process contained in Appendix A to this chapter, including bringing violators to court;

(3) Have the authority to investigate and inquire into vehicles which may be in violation of the ordinances, regulations, policies, and procedures; and

(4) Recommend to the court the necessary penalties and fines for violations which may include:

(a) Clean-up cost;

(b) Administrative cost;

(d) Imprisonment as determined by the ordinance in violation; and

(e) Other financial penalties so determined by the enforcement officer not to exceed $500.

(Ord. passed 11-10-1992)

§ 31.02 ENFORCEMENT PROCESS FOR CLEAN-UP OF ILLEGAL DUMP SITES ADOPTED.

The city’s enforcement process for clean-up of illegal dump sites is set out in Appendix A to this chapter.

(Ord. passed 11-10-1992)

TOURISM COMMISSION

§ 31.15 ESTABLISHMENT AND MEMBERS.

(A) The Fiscal Court of Shelby County, Kentucky, and the City Council of the City of Shelbyville, Kentucky, do hereby agree to change the name of the Shelby County Tourist Commission to the Shelbyville-Shelby County Tourist and Convention Commission

(B) Any and all new members are to be appointed as follows:

(1) Three commissioners shall be appointed from a list of 6 or more names submitted by the Shelby County Hotel and Motel Association. If no formal county hotel and motel association is in existence upon the establishment of this commission or upon the expiration of the term of a commissioner appointed pursuant to this section, then up to 3 commissioners shall be appointed from a list of 6 or more names submitted by the Kentucky Hotel and Motel Association. The Shelby County Hotel and Motel Association need not be affiliated with the Kentucky Hotel and Motel Association to be recognized as the official county hotel and motel association.

(2) One commissioner shall be appointed from a list of 3 or more names submitted by the local restaurant association or associations. If no formal local restaurant association or associations exist upon establishment of this commission or upon expiration of the term of a commissioner appointed pursuant to this section, then 1 commissioner shall be appointed from a list of 3 or more names submitted by the Kentucky Restaurant Association. A local restaurant association or associations shall not be required to be affiliated with the Kentucky Restaurant Association to be recognized as the official local restaurant association or associations.

(3) One commissioner from a list of 3 or more names submitted by the Shelby County Chamber of Commerce. If the Chamber of Commerce is no longer in existence upon the expiration of the term of a commission appointed pursuant to this division, then 1 commissioner shall be appointed by the appropriate chief executive officer or officers from persons residing within the jurisdiction of the commissions and representing local businesses.

(4) One commissioner appointed by the chief executive officer of Shelby County.

(5) One commissioner appointed by the chief executive officer of the City of Shelbyville.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.16 APPOINTMENT TO COMMISSION; TIME PERIODS.

A candidate submitted for appointment to the commission, pursuant to § 31.15 (B)(1) through (B)(3), shall be appointed by joint action of the chief executive officers of Shelby County and the City of Shelbyville within 30 days of the receipt of the required list or lists; if not, the association or associations shall by election within 10 days determine the commissioner from the list or lists submitted by plurality vote of the aggregate membership. Vacancies shall be filled in the same manner that original appointments are made.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.17 TERMS OF COMMISSION MEMBERS.

Commissioners shall be appointed for terms of 3 years, provided, that in making the initial appointments, the chief executive officers of Shelby County and the City of Shelbyville shall appoint 2 commissioners for a term of 3 years, 2 commissioners for a term of 2 years and 3 commissioners for a term of 1 year. There shall be no limitation on the number of terms to which a commissioner is reappointed. Subsequent appointments shall be for 3-year terms.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.18 DUTIES.

The commission shall elect from its membership a chairman and a treasurer, and may employ such personnel and make contracts necessary to carry out the purpose of KRS 91A.350 to 91A.390. The contracts may include, but shall not be limited to, the procurement of promotional services, advertising services and other services and materials relating to the promotion of tourist and convention business. Contracts of the type enumerated shall be made only with persons organizations, and firms with experience and qualifications for providing promotional services and materials, such as advertising firms, chambers of commerce, publishers and printers.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.19 AUDITS.

The books of the commission shall be audited annually by an independent auditor who shall make a report to the commissioner, to the associations submitting names from which commission members are selected, the chief executive officers of Shelby County and the City of Shelbyville, to the State Auditor of Public Accounts, and to the Shelby County Fiscal Court and the City Council of the City of Shelbyville. A copy of the audit report shall be made available by the commission to members of the public upon request and at no charge.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.20 REMOVAL FROM OFFICE.

A commissioner may be removed from office by joint or separate action of the Shelby County Fiscal Court or the City Council of the City of Shelbyville, consistent with the method by which the commission was established, and as provided by KRS 65.007.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.21 TERMS OF CURRENT COMMISSION MEMBERS.

Nothing herein shall affect the terms of the present members of the commission, but upon expiration of the term of any presently sitting member, the procedures contained herein shall be utilized to appoint said member's successor.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.22 ROOM TAXES.

All room taxes collected pursuant to KRS 91A.390 must be remitted to the Shelbyville-Shelby County Tourist and Convention Commission treasurer no later than 30 days following the last day of the month in which said tax has been charged.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001) Penalty, see § 10.99

§ 31.23 UNPAID TAXES.

(A) If said tax remains unpaid in whole or in part after the due date as set forth above, the account shall bear interest at the rate of 12% per annum on the whole or any part remaining unpaid and be added to the principal amount when paid.

(B) If said account remains unpaid 60 days after its due date, the Tourism Commission may seek enforcement and collection through the Office of the Shelby County Attorney.

(C) Any owner, manager, Corporate officer, Director, or agent in charge of any facility subject to this subchapter is deemed responsible for seeing that said monies are paid to the Tourism Commission. Sixty-days’ delinquency on the part of any establishment charged with collecting and paying this tax shall be prima facie evidence of willful intent not to pay same.

(D) Upon conviction for willful intent not to pay said tax, any person mentioned in division (C) above shall be guilty of a Class A Misdemeanor as defined in KRS Chapter 500 et seq. and upon conviction may be fined not less than $100 nor more than $500 or sentenced to imprisonment in the County Jail for not less than 0 days, up to 12 months in said jail or both fine and imprisonment may be levied.

(E) An authorized form for use in reporting the tax levied and remitted is on file with the commission.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001)

§ 31.24 EXAMINATION OF BOOKS AND THE LIKE TO DETERMINE ACCURACY.

The commission or any agent or employee designated in writing by the commission is authorized to examine the books, papers, and records of any facility subject to this subchapter in order to determine the accuracy of any return made, or, if no return was made, to ascertain the amount of tax imposed by the terms of this subchapter. Each facility subject to this subchapter is hereby directed and required to give the commission or its duly authorized agent or employee the means, facilities and opportunity for an examination and investigation as authorized.

(Ord. passed 11-15-1998; Am. Ord. 8-21-05, passed 8-21-2001; Am. Ord. 2001-12-20(A), passed 12-20-2001) Penalty, see § 10.99

INDUSTRIAL DEVELOPMENT AUTHORITY

§ 31.35 CREATION.

(A) Shelbyville/Shelby County Industrial Development Authority is created pursuant to KRS 154.50-304 to 154.50-346.

(B) (1) To act a governmental agency, instrumentality and constituted authority of the City of Shelbyville and the County of Shelby, Kentucky in the acquisition, improvement, construction, erection, equipping, furnishing, and financing of public projects pursuant to Kentucky law and in particular KRS 154.304 to accomplish a public purpose.

(2) To acquire, retain, develop and promote land for industrial purposes in Shelby County;

(3) To aid in the development and promotion of industrial site, parks and subdivisions to meet industrial and commercial needs in Shelby County;

(4) To encourage the acquisition, retention, and development of land for industrial and commercial needs in Shelby County by other local development organizations both public and private;

(5) To cooperate with other federal, state and local agencies in formulating development plans and in acquiring and developing land for industrial and commercial purposes in accordance with the plan;

(6) To acquire by contract, lease, purchase, gift, condemnation, or otherwise, any real or personal property, or right therein, necessary or suitable for establishing industrial sites, parks or subdivisions; and

(7) To review and make recommendations to the City Council of the City of Shelbyville and the Fiscal Court of the County of Shelby regarding requests for the issuance of Industrial Revenue Bonds.

(Ord. passed 2-3-1987)

§ 31.36 ORGANIZATION.

The establishment of the Authority is agreed to by the City of Shelbyville and the County of Shelby by the signing of an Interlocal Agreement which spells out in detail the structure thereof and is made a part hereof as if fully copied herein.

(Ord. passed 2-3-1987)

RECREATIONAL BOARD

§ 31.50 ESTABLISHMENT.

A joint City and County Recreational Board is hereby created and established to initiate, maintain and conduct a joint parks, playground and recreational system, the Board to have all the powers and duties of KRS 97.010 to KRS 97.050, the system to be financed in equal shares by the Shelby County Fiscal Court and the City Council of the City of Shelbyville, Kentucky, the Board to be made up as follows:

(A) There shall be 9 members appointed to the Board, 4 of which shall be residents of the County and appointed by the County Judge to 4-year terms, except the first term which shall be for 1, 2, 3 and 4-year terms, and 1 of whom shall be a member of the Shelby County Fiscal Court; the other 4 shall be residents of the City of Shelbyville and shall be appointed by the Mayor of the City to 4-year terms, except the first term which shall be for 1, 2, 3 and 4-year terms, and 1 of whom shall be a member of the City Council of the City; the ninth member shall be appointed jointly by the County Judge and the Mayor by agreement, to a 4-year term;

(B) Members of the Board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties out of the funds appropriated to the Board;

(C) Vacancies shall be filled for unexpired terms by appointment of the authority appointing the member whose office becomes vacant;

(D) The Board shall be a body corporate for all purposes and shall elect from its membership a Chairman, a Secretary, and a Treasurer, all of whom shall nevertheless have a vote on the Board’s decisions. The Treasurer shall execute a bond conditioned on the faithful performance of this or her duties sufficient in amount to cover the total funds coming into his or her hands from all sources. The premium on the bond shall be paid from the funds of the Board;

(E) The Board shall submit a budget of proposed receipts and expenditures to the Shelby County Fiscal Court and the City Council for its approval before April 1 of each year in order that the approved appropriation from each governmental City and County unit may be included in the budgets of the respective governmental units; the fiscal year of the Board shall be from July 1 to June 30 of each year; and

(F) The Board may provide, maintain and conduct park, playground and recreation centers and buildings thereon, according to law, and may employ trained or otherwise qualified park superintendents, playground directors, supervisors, recreational superintendents or other officers and employees as it deems proper; it shall be authorized to accept any grant or device of real estate or any bequest or gift of money or any donation, the principal or income of which is to be used for parks, playground or recreation purposes.

(Res. passed 1-20-1970)

APPENDIX A: ENFORCEMENT PROCESS FOR

CLEAN-UP OF ILLEGAL DUMP SITES*

1. Identification of Site

The county publicizes the phone number of whom to contact (enforcement officer) if residents spot an illegal dump.

County officials spotting an illegal dump are made aware (by letters and/or memos) that they are to contact the county enforcement officer if a dump is sited or reported.

Enforcement officer locates dump sites, himself.

2. Documenting of Site Identified

Once a site has been located the enforcement officer logs the following information:

1) Location of site

2) Property owner

3) Date of siting.

3. Enforcement Officer Visits Site and Logs the Following Information

1) Priority Rating (P.R.) 1-5 with 1 being a site that will need immediate attention if not cleaned up within a 30-day period and 5 being a site that is not immediately detrimental to the environment.

2) Degree of Difficulty (DOD) 1-5 with 1 being a large site that will be difficult and costly to clean up and 5 being a small site that will require little time, labor or equipment.

4. Enforcement Officer’s Verbal Notification

The enforcement officer verbally contacts the property owner to discus the situation. After the discussion the enforcement officer will:

1) Give the property owner or responsible party 30 days to clean up the site; or

2) Offer county assistance in cleaning up the site; or

3) Contract to have site cleaned up.

Also, at this time, the enforcement officer will gather evidence, and make a determination whether the property owner should be totally responsible for dump or is considered a victim of this action. A time frame for clean-up will be stated, and should the county or its contractor clean the site, a determination shall be made as to who shall be responsible for the cost. The previous history of the site and the property owner shall be taken into consideration when making these decisions.

The enforcement officer shall document the date of this verbal notification, the course of action recommended, and the required date of completion. The property owner and /or the responsible party will also be made aware of the ordinance in violation and penalty involved.

The responsible party may appeal the decisions to the Solid Waste Coordinator. If still not satisfied, the responsible party may request an appearance before the Disposal District Board. The decision of the board is final.

Upon clean-up, the responsible party shall show a receipt from a permitted hauler, landfill or convenience center.

5. Enforcement Officer’s Written Notification

After the required time (if the site remains in violation) or as a measure of the first notice, if deemed necessary, the enforcement officer may serve a “Notice of Illegal Dump Site” to the responsible party which documents the ordinance in violation and possible penalties. The notice must be signed by the enforcement officer.

The notice shall list the location of the site and the required date of compliance. Copies of the notice shall also be forwarded to the county attorney and then documented in the log by the enforcement officer.

6. Court Summons

If after the date of compliance, and after a visit to the site by the enforcement officer, the site has not been cleaned, the enforcement officer may cause to have issued a summons to the responsible party. The enforcement officer shall document the date of this summons and a copy shall be maintained by the county attorney and the enforcement officer.

7. Final Site Inspection

Following the summons, the enforcement officer will contact the responsible party to assess the situation and attempt to avoid court action. The date of this visit will also be documented in the log by the law enforcement officer.

8 Clean-up and Court Action

At this time, if the site has not been cleaned up, the enforcement process will be handed over to the county attorney to represent the county in court. Fines shall be sought to cover the cost of clean-up, and the administrative cost involved. In-kind labor from the offender, to clean up other illegal dump sites in the county, shall be sought and any other penalties state in the appropriate county ordinances.

Also, at this time, if the site has not been cleaned up by the responsible party, or the county, the county may initiate clean-up through whichever means it deems appropriate and bill the responsible party for the cost through a court order.

9. Evaluation

After the site has been cleaned up, the enforcement officer will monitor the site, and make recommendations to the solid waste coordinator concerning the prevention mechanisms (fencing, posting signs, policing, etc...). These recommendations will be communicated to the property owner.

10. Disposal District Board Report

The enforcement officer shall make a report to the Disposal District Board concerning the status of illegal dump sites.

*This process is a recommended course of action and not a required procedure or policy of the Shelbyville/Shelby County Solid Waste Disposal District Board. Usage of these procedures shall be at the discretion of the District Board.

(Ord. passed 11-10-1992)

CHAPTER 32: EMERGENCY MANAGEMENT

Section

32.01 Office of Emergency Management; creation

32.02 Emergency Management Director; appointment

32.03 Director’s powers and duties

32.04 Operating units

32.05 Effective date

32.99 Penalty

§ 32.01 OFFICE OF EMERGENCY MANAGEMENT; CREATION.

(A) There is hereby created the Shelby County Office of Emergency Management, in accordance with the provisions of KRS 39B.010, which shall serve in the interest of public safety within the territorial boundaries of Shelby County.

(B) The Shelby County Office of Emergency Management shall develop, implement, and maintain the local comprehensive emergency management program for Shelby County in accordance with the provisions KRS Chapters 39A to 39F, the comprehensive emergency management program requirements of the state Division of Emergency Management, the provisions of the Kentucky Emergency Operations Plan, administrative regulations promulgated by the state Division of Emergency Management, and the resolutions, orders or ordinances of the Fiscal Court of Shelby County.

(C) The Shelby County Office of Emergency Management shall be an organization unit of county government attached to the Office of County Judge/Executive and shall have primary jurisdiction, responsibility, and authority for all matters pertaining to the comprehensive emergency management program of Shelby County.

(D) The Shelby County Office of Emergency Management shall meet all requirements for a local emergency management agency as specified in KRS Chapters 39A to 39F, and shall serve as the executive branch of the Shelby County Disaster and Emergency Services organization established pursuant to KRS 39B.050.

(E) The Shelby County Judge/Executive shall designate, prepare, and include a separate Office of Emergency Management budget unit classification within each annual fiscal year Shelby County budget, and all financial matters of the Shelby County Office of Emergency Management shall be handled through the County Treasury and uniform budget system.

(Ord. 11-5-06, passed 11-5-2002)

§ 32.02 EMERGENCY MANAGEMENT DIRECTOR; APPOINTMENT.

(A) The County Judge/Executive, within 30 days of assuming office, shall appoint a Shelby County Emergency Management Director in accordance with the provisions of KRS 39B.020, and shall immediately notify the state Division of Emergency Management of the appointment.

(B) The Shelby County Emergency Management director, appointed pursuant to this section, shall be sworn by oath to the office of Emergency Management Director immediately upon appointment, and shall serve at the pleasure of the County Judge/Executive, but shall serve no longer than 4 consecutive years without reappointment and, as a minimum, shall meet all the qualification requirements as specified in KRS 39B.020.

(Ord. 11-5-06, passed 11-5-2002)

§ 32.03 DIRECTOR’S POWERS AND DUTIES.

The Shelby County Emergency Management Director shall have and exercise all the powers, authorities, rights, and duties as specified in, or referenced in KRS 39B.030, and in the orders or ordinances of the Fiscal Court of Shelby County, to include the following:

(A) To represent the County Judge/Executive on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of Shelby County;

(B) To be the executive head of, and chief administrative officer of, the Shelby County Office of Emergency Management and direct, control, supervise, and manage the development, preparation, organization, administration, operation, implementation, and maintenance of the comprehensive emergency management program of Shelby County;

(C) To develop, update, and maintain the Shelby County Emergency Operations Plan in compliance with the provisions of KRS 39B.030(3);

(D) To establish and maintain the Shelby County Disaster and Emergency Services organization in accordance with the provisions of the Shelby County Emergency Operations Plan, the Kentucky Emergency Operations Plan, and the provisions of KRS 39B.050;

(E) To notify the County Judge/Executive and the state Division of Emergency Management immediately of the occurrence, or threatened or impending occurrence, of any emergency, declared emergency, disaster, or catastrophic incident or situation, and provide in the notice an assessment of possible or actual damages or threats to life, health, safety, property, or the environment, and recommend any emergency actions or orders which should be executed;

(F) To be the chief advisor to, and the primary on-scene representative of, the County Judge/Executive in the event of any emergency, declared emergency, disaster, or catastrophe within Shelby County in a coordinating capacity;

(G) To respond and have full access to the scenes of an emergency, declared emergency, disaster, or catastrophe and immediately investigate, analyze, or assess the nature, scope, or seriousness of all situations; coordinate the establishment and operation of an incident command or management system; execute the provisions of the Shelby County Emergency Operations Plan; activate the Shelby County Emergency Operations Center or on-scene command post; convene meetings, gather information, and conduct briefings; notify the County Judge/Executive and the state Division of Emergency Management immediately of the nature, scope or seriousness of an emergency situation and provide information on all on-going response actions being taken in association with the incident; provide any assistance requested, as deemed necessary or appropriate; and take any actions to fully expedite and coordinate the local disaster and emergency response as specified in the Shelby County Emergency Operations Plan;

(H) To take or direct immediate actions to protect public safety at the direction of the County Judge/Executive during any declared emergency or disaster;

(I) To act as an official representative of the state Division of Emergency Management when specifically requested by the State Director;

(J) To report directly to the County Judge/Executive and act in an official policy-making capacity when carrying out all duties of Emergency Management Director;

(K) To have full signatory authority for execution of all contracts, agreements, or other official documents pertaining to the administration, organization, and operation of the Shelby County Office of Emergency Management and the local comprehensive emergency management program;

(L) To direct all paid or volunteer employees, staff assistants, or other workers of the Shelby County Office of Emergency Management, and supervise any operating units and personnel associated with it which are officially appointed and affiliated with the Shelby County Disaster and Emergency Services organization pursuant to the provisions of KRS 39B.070;

(M) To prepare and submit regular or scheduled program activity reports to the area manager of the state Division of Emergency Management and the County Judge/Executive;

(N) To execute bond in the amount as determined by the County Judge/Executive, when directed by the County Judge/Executive;

(O) To prepare and submit to the County Judge/Executive, on an annual basis by the first day of March, a program and agency budget request for the Shelby County Office of Emergency Management;

(P) To prepare and submit to the state Division of Emergency Management, on an annual basis by July 15, a fiscal year program paper and budget request for the Shelby County Office of Emergency Management;

(Q) To enroll and be a registered member of the Kentucky Emergency Management Association;

(R) To perform the duties of, or appoint with the approval of the Shelby County Fiscal Court, the local Search and Rescue Coordinator pursuant to the provisions of KRS 39F.200; and

(S) To perform all executive, administrative, organizational, or operational duties and tasks required pursuant to KRS Chapters 39A to 39F, Kentucky administrative regulations, the Kentucky Emergency Operations Plan, or program guidance issued by the state Division of Emergency Management; and to carry out all other emergency management-related duties as required by the resolutions, orders, or ordinances of the Shelby County Fiscal Court, the executive orders of the County Judge/Executive, and the provisions of the Shelby County Emergency Operations Plan.

(Ord. 11-5-06, passed 11-5-2002)

§ 32.04 OPERATING UNITS.

(A) Pursuant to KRS 39B.070(3), the following entities shall constitute the Emergency Management agency supervised operating units or personnel within the Shelby County D.E.S. organization, pursuant to KRS 39B.050(1)(c):

(1) Rescue Squad;

(2) Urban Search and Rescue Team;

(3) Dive Rescue and Recovery Team;

(4) Search Dog Team;

(5) Weather Spotters;

(6) Auxiliary Police;

(7) Communications;

(8) Public Information;

(9) Alerting and Warning;

(10) Radiological Protection;

(11) Administrative;

(12) Emergency Operations Center Staff;

(13) Social Services; and

(14) WMD/Hazardous Material Response Team;

(B) The operating units listed above in divisions (A) (1), (2), (3), (4), (5), (6), (13), and (14), shall:

(1) Develop written bylaws to specify, as a minimum:

(a) The mission of the operating unit;

(b) The appointment of officers;

(d) Property accountability;

(e) Membership requirements and record keeping; and

(f) Training requirements.

(2) Develop written standard operating procedures that specify, as a minimum:

(a) Direction and control or incident command system procedures;

(b) Notification and call-out procedures; and

(Ord. 11-5-06, passed 11-5-2002)

§ 32.05 EFFECTIVE DATE.

The provisions of this chapter are severable and if any provisions shall be held invalid or unconstitutional or inapplicable to any person or circumstance, the invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provision of this chapter. This chapter shall be in full force and effect from and after its approval, adoption and publication, and all ordinances or parts of ordinances in conflict herewith are hereby repealed and held for naught.

(Ord. 11-5-06, passed 11-5-2002)

§ 32.99 PENALTY.

Any person violating any of the provisions of this chapter, or any lawful orders, rules or regulations promulgated pursuant to it, upon conviction shall be guilty of a Class A misdemeanor. Violators of this chapter may be issued a citation by the Sheriff of Shelby County or by a duly authorized official.

(Ord. 11-5-06, passed 11-5-2002)

CHAPTER 33: FEES

Section

County Detention Center

33.01 Policy

33.02 Definitions

33.03 Administrative processing; booking fee

33.04 Housing reimbursement fee

33.05 Medical and dental expenses

33.06 Reimbursement for county property

33.07 Collection of fees

County Courthouse

33.20 Fees and costs for payment of expenses

Appendix A: Negotiated billing statement agreement

COUNTY DETENTION CENTER

§ 33.01 POLICY.

KRS Chapter 441 provides for reimbursement for expenses incurred by reason of the prisoner's confinement.

(Ord. 8-14-04, passed 8-14-2000)

§ 33.02 DEFINITIONS.

Unless the context specifically indicates otherwise, the meaning of terms used in this subchapter shall be as follows:

ADMINISTRATIVE PROCESSING/BOOKING FEE. Twenty dollar fee assessed to each prisoner to help defray the cost of intake processing and release.

BILLING STATEMENT. A written statement given to the prisoner upon his or her release from confinement detailing all charges and payments assessed to the prisoner's account.

INDIGENT PRISONER. A prisoner confirmed to have insufficient resources necessary to provide for his or her basic needs as determined by the Shelby County Detention Center.

MEDICAL AND DENTAL EXPENSES. The actual cost incurred for medical attention outside the Shelby County Detention Center.

NURSE VISIT CO-PAY. A prisoner that is seen by the staff nurse. A $3 charge shall be assessed on the prisoner's account.

OTC MEDICATIONS. Over the Counter Medications (non-prescription) available from the medical department or for purchase through commissary.

PRESCRIPTION FEE. The actual cost incurred for each prescription.

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