TITLE IX: GENERAL REGULATIONS
Chapter
90. ANIMALS
91. NUISANCES
92. HAZARDOUS MATERIALS
93. STREETS AND SIDEWALKS
94. PARKS AND RECREATION
95. FIRE PREVENTION AND PROTECTION
96. FAIR HOUSING
CHAPTER 90: ANIMALS
Section
90.01 Definitions
90.02 Dogs; restraint required
90.03 Vaccinations
90.04 Licenses and license revocations
90.05 Impounding
90.06 Issuance of citations
90.07 Confinement of dogs in heat
90.08 Nuisance
90.09 Humane treatment of animals
90.10 Adoption of dogs from the Shelby County Animal Shelter
90.11 Exhibitions of wild or vicious animals prohibited
90.12 Non-applicability to non-residents
90.13 Interference with enforcement prohibited
90.14 Sale of rabies vaccine
90.15 Fees and charges
90.99 Penalty
§ 90.01 DEFINITIONS.
As used in this chapter, the following terms shall mean:
ANIMAL CONTROL OFFICER. Person(s) employed by the Shelby County Fiscal Court to enforce the provisions of KRS Chapter 258, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and the provisions of this chapter.
ANIMAL SHELTER. Any premises designated or operated by the Fiscal Court of Shelby County for the purpose of impounding and caring for dogs held under authority of this chapter and to provide quarantine for dogs and cats presented to the shelter when quarantine by the owner is not feasible.
APPROVED RABIES VACCINE. Any vaccine approved by the American Veterinary Medical Association and the Kentucky Department for Human Resources and found effective in protecting an animal from contracting rabies.
CAT. Any feline 3 months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
COMMERCIAL KENNEL. Any establishment where dogs and/or puppies or cats and/or kittens or ferrets are kept for the primary purpose of breeding, buying, selling, or boarding of the animals.
DOG. Any canine 3 months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
EUTHANASIA. The act of putting an animal to death in a humane manner by methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia.
FERRET. Any musteline 3 months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
OWNER. Any person owning, keeping, or harboring a dog, cat, or ferret in Kentucky.
QUALIFIED PERSON. A person granted a permit by the Secretary for Health Services to vaccinate his or her own dog against rabies.
QUARANTINE. The confinement of an animal for observation of clinical signs of illness indicating rabies infection, and the prevention of escape of contact with any person or other animal.
RESTRAINT. A dog(s) shall be deemed to be under restraint if it is on the premises of its owner, or if accompanied by a responsible person and under that person's control.
VACCINATION. The administration by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with the administrative regulations promulgated by the Secretary for Health Services.
VETERINARIAN. A licensed practitioner of veterinary medicine.
VICIOUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or domestic animal due to a known propensity to endanger life by an unprovoked assault or bite which results in serious bodily harm;
(2) Any animal which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places, whether restrained or not;
(3) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites in the past multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals;
(6) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack; and
(7) Exceptions. An animal shall not be deemed vicious solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner;
2. Any person or animal who has tormented or abused it; or
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or
(c) It is protecting or defending its young or the young of any other animal.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.02 DOGS; RESTRAINT REQUIRED.
All dogs shall be kept under restraint at all times by their owner or person responsible for the animal(s).
(Ord. 7-6-04, passed 7-6-2004)
§ 90.03 VACCINATIONS.
(A) Vaccination.
(1) (a) On or before July 1 of each year, every owner shall have his or her dog, cat or ferret initially vaccinated against rabies by the age of 4 months and revaccinated at the expiration of the immunization period as certified by a veterinarian. The veterinarian who vaccinates a dog, cat or ferret shall issue to the owner a vaccination certificate on a form approved by the Cabinet for Health Services.
(b) The vaccination certificate shall be prepared and issued in duplicate, 1 copy to be retained by the issuing veterinarian and 1 copy to be given to the owner of the dog, cat or ferret vaccinated. Each certificate shall bear the name and address of the veterinarian who issued it. The veterinarian shall also furnish each dog owner with a rabies tag bearing a serial number corresponding to the vaccination certificate with the year of immunization.
(c) The tag shall be affixed to a collar or harness furnished by the owner and shall be worn by the dog for which the tag was issued. No one except the owner or his or her duly authorized agent shall remove the tag.
(2) Every qualified person who vaccinates his or her own dog shall comply with the vaccination certificate and tag requirement of this section.
(3) Every owner of a cat or ferret shall show proof of a valid rabies vaccination upon request of an animal control officer or peace officer.
(4) Any person with feral cats on his or her premises shall make a reasonable effort to capture or vaccinate the cats.
(B) Out-of-state vaccinations. Any owner who has had his or her dog, cat or ferret vaccinated against rabies in another state by the proper authority shall not be required to have the dog, cat or ferret revaccinated when brought into this state provided the requirements of the state under which the vaccination was made were of a standard not lower than those required in this state, and provided further that the dog wears a tag affixed to its collar or harness bearing the year of the vaccination and the owner of the cat or ferret shows proof of a valid rabies vaccination. One year after the date of the vaccination, the dog, cat, or ferret shall be revaccinated unless provided otherwise by administrative regulations promulgated by the secretary for health services.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.04 LICENSES AND LICENSE REVOCATIONS.
(A) License fee. On or before July 1, 2004, and on that day each year thereafter, every owner of a dog, cat or ferret who resides in Shelby County, shall apply to the Animal Shelter for a license. Proof of a valid rabies vaccination must be provided when applying for a dog, cat or ferret license. Licenses shall be required for each dog, cat or ferret 4 months of age or older. License tags shall be firmly attached to a harness or collar and shall be worn by the dog, cat or ferret. The application shall be accompanied by a license fee in accordance with § 90.15.
(B) License revocation. All licenses required under this section shall be renewed on or before July 1 of each year. The Animal Control Officer may revoke any license issued hereunder. Grounds for the revocation include, but are not limited to, conviction pursuant to any violation of this chapter or any related State or Federal law. Failure to adhere to the standards set forth in this chapter shall be grounds for revocation of any license. License revocations shall be in writing and shall state the grounds therefore. Any person whose license is revoked under this section may appeal the revocation to the Shelby County Fiscal Court Animal Shelter Committee within 10 days following the date of the revocation. The appeal shall be in writing and shall state the grounds therefore, and shall be signed by either the person bringing the appeal or his or her authorized representative. If requested by the appellant, a hearing shall be held before the Shelby County Fiscal Court Animal Shelter Committee which shall be the sole arbiter of the appeal. The decision of the Committee shall be final.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.05 IMPOUNDING.
(A) Unrestrained dogs or other animals pursuant to § 90.09 may be taken by the Animal Control Officer or peace officers, and impounded in the Animal Shelter, or other suitable facility, and confined in a humane manner. However, if after a reasonable effort the seizure of any the unrestrained dog cannot be made or should the dog present a hazard to the public safety or property or have an injury or physical condition which causes the dog to suffer, the Animal Control Officer or police may immediately destroy the dog by the most reasonable and humane means then available.
(B) Impounded animals shall be kept for not less than 5 days, unless reclaimed by their owners. If the owner can be identified by means of a license tag or otherwise, the impounding agency shall immediately notify the owner by the most expedient means available after the impoundment of the animal. Animals not claimed within 5 days of their impoundment and those not placed in suitable new homes after the time, may be humanely euthanized after the 5-day holding period, unless the animal has an injury or physical condition which causes it to suffer. In those cases the Animal Shelter may immediately euthanize the animal, and if a human being has been bitten by the animal, the animal shall be tested for rabies.
(C) Gunshot shall not be used as a routine method of euthanasia in animal shelter settings. This prohibition shall not apply in animal shelter settings if an animal presents a threat to the health or safety of anyone lawfully on the premises of the shelter. The prohibition against gunshot shall also not apply to peace officers or animal control officers outside animal shelter situations if an animal:
(1) Cannot be seized;
(2) Presents a threat to the health or safety of the general public; or
(3) Has an injury or physical condition which causes the animal to suffer.
(D) When an impounded animal's owner can be identified and that animal's owner does not reclaim the animal within 5 days, the owner shall pay all fees associated with the care or euthanasia, or both, of the animal as established by the Shelby County Fiscal Court. Every owner reclaiming an impounded animal which is subject to the terms of this chapter shall pay a fee as established by the Shelby County Fiscal Court.
(E) Upon reclaiming an impounded animal, the owner shall show proof of a valid rabies vaccination and a current license. If proof of vaccination cannot be provided, the owner shall purchase a vaccination voucher from the animal shelter. The voucher shall be valid for 10 days from the date of issuance and shall be used in the prescribed time period. The animal shelter shall reimburse the veterinarian for the cost of performing the vaccination.
(F) Any dog which has bitten or scratched someone shall be quarantined for 10 days from the time the bite or scratch occurs. Any owner who fails to properly quarantine their dog is subject to criminal complaint for violation of this section and the dog shall be removed to the animal shelter for the remainder of its quarantine period. The owner will be responsible for all quarantine fees.
(G) A dog whose owner is unavailable or incapable of quarantining the animal may be taken by the Animal Control Officer or other peace officer and quarantined at the animal shelter for the prescribed period.
(H) Any peace officer or animal control officer may seize or destroy any dog found running at large between the hours of sunset and sunrise and unaccompanied and not under the control of its owner or handler. A peace officer or animal control officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large between sunset and sunrise is a hound or other hunting dog which has become lost temporarily from a pack or wandered from immediate control of its owner, or handler, and if he or she is reasonably sure that the dog is a hunting dog, then he or she shall not destroy the dog, unless it is found in the act of pursuing or wounding livestock, or wounding or killing poultry, or attacking human beings.
(I) A hound or hunting dog may be unrestrained when engaged in lawful hunting activities while on private or public property designated or authorized for that purpose.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.06 ISSUANCE OF CITATIONS.
(A) In addition to, or in lieu of impounding an unrestrained dog, the Animal Control Officer or peace officer may issue a uniform citation to the owner of the animal specifying the section or sections of this chapter so violated and identifying the specific nature of the violation. The citation shall impose upon the owner the obligation of appearance to answer the charges specified on the citation in the Shelby District Court at the time and place indicated on the citation.
(B) Peace officers or Animal Control Officers shall seize and impound any dog which does not bear a valid rabies tag or other legible identification which is found running at large. Where violations of the licensing requirements of this chapter are observed, the Animal Control Officer may issue a violation notice in lieu of a uniform citation. The violation notice will stipulate a compliance date and associated fee and late fee, as well as a waiver provision providing that the person to whom the violation notice is issued waives all rights to protest the violation and waives all right to a hearing on the issues relating to that violation. All associated fees and late fees shall be paid to the Shelby County Animal Shelter. Failure to pay associated fees and/or late fees and failure to waive rights by the compliance date may result in the issuance of a uniform citation.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.07 CONFINEMENT OF DOGS IN HEAT.
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that the female dog cannot come in contact with a male dog except for a planned breeding.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.08 NUISANCE.
No owner shall fail to exercise proper care and control of his or her dog(s) so as to prevent the following actions: excessive, continuous or untimely barking or howling, molesting of passersby, chasing of vehicles, attacking domestic animals, trespassing upon school grounds or trespassing on public or private property, or damaging property of any nature.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.09 HUMANE TREATMENT OF ANIMALS.
(A) General. No owner or commercial kennel shall fail to provide his or her animal with good wholesome food and water, veterinary care when needed to prevent suffering, and with humane care and treatment to include protection from weather if needed by a certain class of animals. All animal shelters, commercial kennels and living areas must be cleaned and maintained regularly so as to promote proper health for the animals being kept. Metal barrels are prohibited as primary shelter for any dog.
(B) Neglect and cruelty. No person shall neglect, beat, cruelly ill treat, or torment any animal or cause or permit any dog fight, cockfight or other combat between animals, or between animals and persons. For the purposes of this division, neglect, cruel treatment and torment of an animal shall be defined as a failure by a person to adhere to the requirements and provisions of § 90.09(A) above. In the event there is a reasonable cause to suspect that an animal is being beaten, cruelly treated, neglected, or tormented or involved in a dog fight, cockfight, or other combat, custody of the animal may be taken by the Animal Control Officer or his or her designee and the animal shall be impounded in accordance with procedures set forth in § 90.05. Upon finding by the court that the animal has been neglected, beaten, cruelly ill treated or tormented or involved in a dog fight, cockfight, or other combat between animals, the animal shall then become the property of Shelby County. In addition, the animal may also be considered abandoned if not claimed by owner and then dealt with pursuant to § 90.05. Any animal observed by a peace officer or Animal Control Officer to be in immediate danger may be removed from the situation by the quickest and most reasonable means available.
(C) Abandonment. No owner shall abandon any animal on public or private property for a period in excess of 24 hours, without providing for food, water and shelter. In the event that an animal is found to be abandoned, the animal shall be taken by the Animal Control Officer and impounded in the Animal Shelter or other facility and there confined in a humane manner. The animal shall be impounded in accordance with the procedures set forth in § 90.05. In the event that an animal is so abandoned, the owner, or the person, if any, whom he or she has charged with the animal's care, shall be subject to criminal complaint for violation of this section.
(D) Restraint. If any dog is restrained by a chain, leash or similar restraint, it shall be designed and placed to prevent choking or strangulation. The chain or restraint shall not be less than 10 feet in length and either on a swivel designed to prevent the animal from choking or strangling itself or else on a chain run.
(E) Fighting prohibited.
(1) No person shall own, possess, keep or train any bird or animal, with the intent that the bird or animal shall be engaged in an exhibition of fighting. In the event that a person shall own, possess, keep or train any bird or animal, with the intent that the bird or animal shall be engaged in an exhibition of fighting, he or she shall be liable criminally charged with violation of this section and subject to the penalties contained in this chapter.
(2) No person shall be present at any organized dog fight, cockfight or combat between animals. In the event that a person is present at any organized dog fight, cockfight or combat between animals, he or she shall be criminally charged with violation of this section and subject to the penalties contained in this chapter.
(3) Any person who is found present at an organized dog fight, cockfight or combat between animals and who is charged with being a spectator in violation of this section and who is in possession of, and/or is the owner of or keeper of an animal of the same species as that involved in the animal fight may be charged with intent to engage in an exhibition of fighting in violation of this section. The animal shall be confiscated if found on the premises or in the immediate area of the dog fight, cockfight or combat between animals.
(F) Poisons/traps. No person shall place any traps or poisonous substance which may be harmful to any domesticated animal in any location where it may be readily found and/or eaten by the animal.
(G) Actions prohibited.
(1) No person shall crop a dog's ears or tail, except a veterinarian.
(2) No person shall raise or kill a dog or cat for food or the skin or fur.
(3) No person shall engage or cause or allow any other person to engage in a sexual act with any animal.
(4) No person shall mutilate any animal whether dead or alive.
(H) Violation. Any animal found involved in a violation of any portion of this section may be confiscated by a peace officer and held pursuant to § 90.05. Upon conviction of this charge, all animals so confiscated shall become the property of Shelby County and the owner of the animal(s) shall have responsibility to pay to Shelby County all fees associated with the impoundment and with medical treatment provided the animal while it was in custody.
(I) This section shall not be construed so as to apply to generally accepted farming practices in Shelby County, Kentucky, and the generally accepted farming practices shall be excluded from this section.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.10 ADOPTION OF DOGS FROM THE SHELBY COUNTY ANIMAL SHELTER.
(A) All dogs over the age of 6 months which are purchased or otherwise obtained from the Shelby County Animal Shelter shall, within 30 days of purchase or obtainment, be surgically altered to prevent breeding. Dogs under the age of 6 months when adopted shall be surgically altered within 30 days of becoming 6 months of age. Proof of spay or neuter surgery shall be provided to the Animal Control Officer within 30 days of adoption. If proof of spay or neuter surgery is not produced, violators shall have their dog(s) impounded in accordance with § 90.05 and shall be subject to penalties in accordance with this section.
(B) Prior to the adoption of any animal from the animal shelter, the shelter will require the prospective owner to complete an Animal Placement Questionnaire. This Questionnaire is designed to determine the prospective owner's ability to properly care for the animal. Past experience and knowledge of Animal Shelter personnel of the prospective owners as well as previous violations of this section by the prospective owners may be grounds to refuse the adoption. Additional grounds may be whether the prospective owner is able to provide an enclosure where the animal is to be kept which is adequate to keep the animal restrained, whether the animal is being purchased for resale, whether the prospective owner has obtained another animal from the Animal Shelter in the past 12 months, whether the prospective owner is purchasing the animal solely for guard or attack purposes.
(C) Persons adopting a dog(s) from the Animal Shelter shall be required to pay all fees as determined by the Shelby County Fiscal Court.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.11 EXHIBITIONS OF WILD OR VICIOUS ANIMALS PROHIBITED.
(A) No person shall keep, or permit to be kept, on his or her premises, any wild or vicious animal as defined in KRS 65.877, and as amended, 301 K.A.R. 2:082, and as amended, and as defined in this chapter for display or exhibition purposes, whether gratuitously or for a fee, or as a pet. This section shall not be construed so as to apply to a zoological garden or circus.
(B) Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least 7 feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.12 NON-APPLICABILITY TO NON-RESIDENTS.
The sections of this chapter requiring a license shall not apply to non-residents of the County who are keeping or harboring a dog(s), provided that the dog(s) of the owners shall not be kept in the county longer than 30 days and that the dog(s) shall be kept under restraint and shall wear an identification tag. No non-resident shall, however, keep any pet in this county over the age of 4 months that has not been vaccinated against rabies with an approved rabies vaccine.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.13 INTERFERENCE WITH ENFORCEMENT PROHIBITED.
No person shall in any manner interfere with, hinder, molest, or abuse any officer or individual authorized to enforce the provisions of this chapter.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.14 SALE OF RABIES VACCINE.
It shall be unlawful for any person to sell, give away, permit to be sold or given away any rabies vaccine live or killed to anyone but a veterinarian.
(Ord. 7-6-04, passed 7-6-2004)
§ 90.15 FEES AND CHARGES.
Below is the initial fee schedule which shall be effective when this chapter is adopted. Proposed amendments to the fee schedule may be submitted at any time by the Shelby County Fiscal Court Animal Shelter Committee. Any new or revised fees will become effective on the first day of the month following the month in which the amended fee schedule is adopted.
|
Shelby County Animal Shelter Fee Schedule |
|
|
Dog license |
$10 |
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Cat license |
$10 |
|
Ferret license |
$10 |
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Commercial kennel license |
New classification |
|
Class A kennel/cattery Over 51 dogs/cats |
$100 |
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Class B kennel/cattery Up to 50 dogs/cats |
$50 |
|
Class C kennels Business boarding, sentry |
$200 |
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Pet shop |
$200 |
|
Animal dealer Non-resident |
$250 |
|
Animal dealer Resident |
$100 |
|
Human Society At physical address only |
NC |
|
Register wildlife |
NC |
|
Wolf hybrid |
$10 |
|
Violation notice |
$25 |
|
Small trap deposit |
$45 |
|
Large trap deposit |
$250 |
|
Euthanize a owner animal |
$30, maximum |
|
Spay/neuter voucher |
$30 |
|
Rabies voucher |
$10 |
|
Trailer charger per use |
$75, minimum for two hours |
2007 S-2
14 Shelby County - General Regulations
|
Shelby County Animal Shelter Fee Schedule |
|
|
Trailer use over two hour limit |
$37 per hour |
|
Postage and handling |
$.50 |
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Redemption |
|
|
Altered dogs/cats |
$15 |
|
Unaltered dogs/cats |
$45, spay/neuter voucher included |
|
Quarantine dogs/cats |
$50 |
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All small animals |
$25 |
|
All large livestock |
$50 |
|
Board per day small animal |
$5 |
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Board per day livestock |
$15 at shelter |
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Adoption Fees |
|
|
Dogs includes spay/neuter, rabies vouchers |
$65 |
|
Dogs already altered |
$65, including rabies voucher |
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Cats includes rabies, spay/neuter voucher |
$40 |
|
Cats altered |
$10, plus rabies voucher |
(Ord. 7-6-04, passed 7-6-2004; Am. Ord. 06-05-05, passed 6-5-2007)
§ 90.99 PENALTY.
(A) Any person who violates § 90.03 shall be fined not less than $10 nor more than $100. Each day of violation shall constitute a separate offense.
(B) Any person violating or failing or refusing to comply with §§ 90.05(D) through (F), 90.06, 90.07, 90.08, or 90.11(B) shall, upon conviction, be fined not less than $5 nor more than $100, or be imprisoned in the county jail for not less than 5 nor more than 60 days, or both.
(C) Any person violating any other provision of this chapter shall be deemed guilty of a Class B misdemeanor and shall, upon conviction, be punished by a fine not to exceed $250, or be imprisoned in the county jail for a period not to exceed 90 days, or both. Each day a violation continues shall constitute a separate offense.
(Ord. 7-6-04, passed 7-6-2004)
CHAPTER 91: NUISANCES
Section
91.01 Generally
91.02 Definitions
91.03 Common law and statutory nuisances
91.04 Certain conditions declared a nuisance
91.05 Abatement procedure
91.06 Nuisance created by others
91.07 Effective date
91.99 Penalty
§ 91.01 GENERAL.
The Shelby County Fiscal Court does hereby establish the following reasonable standards, procedures and penalties for the enforcement of KRS 381.770 as it relates to unincorporated areas, or any municipality without a nuisance chapter within the territorial jurisdiction of Shelby County.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.02 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLES. Any vehicles, or parts thereof, left on public or private property within an area of high population density under circumstances indicating a desertion, relinquishment, nonuse, or divestment of the vehicle.
ACCESSORY BUILDING. Any buildings other than a dwelling.
AREA OF HIGH POPULATION DENSITY. Any 1/2-mile area which contains 3 or more residences.
DWELLING. Any part of any building or its premises used as a place of residence or habitation or for sleeping by any person located on 5 acres or less.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER. Refuse which is not contained or disposed of in accordance with the provisions of this Act.
NUISANCE. Public nuisance.
OBNOXIOUS GROWTH. Any plant growth exceeding 12 inches in height, other than crops, trees, bushes, flowers or other ornamental plants; it is not the intent of this provision to cause a change in the character of any geographical area(s), e.g. (vacant) farm or undeveloped land of 5 acres or more.
REFUSE. All putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, street cleanings, dead animals, abandoned automobiles and industrial wastes.
UNFIT FOR HUMAN HABITATION. Dangerous or detrimental to life or health because of want of repair, defects in the drainage, plumbing, lighting, ventilation, or construction; infection with contagious disease; or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling or adjoining properties.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.03 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as provided in this chapter or in accordance with any other provision of law.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.04 CERTAIN CONDITIONS DECLARED A NUISANCE.
(A) It shall be unlawful for the owner, occupant, or person having control or management of any land within Shelby County to permit a public nuisance or health hazard to develop thereon.
(B) The following conditions are declared to be public nuisances:
(1) Unfit dwellings. Dwellings unfit for human habitation that are visible from a County, State, Federal or public roadway.
(2) Dilapidated buildings. Any accessory building, house or structure visible from a County, State, Federal or public roadway which is so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire, or which due to inadequate maintenance or neglect, endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property. Accessory buildings currently being used for agricultural purposes are specifically excluded from this provision.
(3) Accumulation of rubbish. An accumulation or dumping on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects, or its blowing of rubbish into any highway, road, street, sidewalk or property of another.
(4) Abandoned vehicles. The parking, storage, or abandonment of any kind of motor vehicle, or parts thereof, on any private or public property within an area of high population density for a period of time in excess of 30 days which is rusted, wrecked, junked, partially dismantled, or inoperative, or in an abandoned condition, whether they are attended or not; refrigerators, stoves, washers, dryers within the County limits except on premises authorized by the County for those purposes. This section shall not apply to abandoned vehicles in an enclosed building.
(5) Obnoxious growth. For any owners, lessee, or occupant having control of any dwelling, vacant lots, and all public and private parking lots to maintain or permit the maintenance of obnoxious growth.
(6) Endangerment. Any condition which endangers public health.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.05 ABATEMENT PROCEDURE.
(A) It shall be the duty of the Sheriff, building inspector or other personnel designated by the Shelby Fiscal Court, to serve or cause to be served, a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand abatement of the nuisance within 7 days unless the nuisance constitutes an immediate danger to the health and well being of the community. If the danger is present, the nuisance shall be abated with 24 hours of notice. Notice shall be served upon persons by personal service or certified mail, but if the address of the persons is unknown and cannot be ascertained by the Sheriff or designated official in the exercise of reasonable diligence, the Sheriff or designated official shall make an affidavit to the effect, and the serving of notice may be made by publication in a newspaper of general circulation for 2 consecutive publications. A copy of the notice shall be posted in a conspicuous place on the premises affected by the notice and it shall be recorded in the office of the County Clerk.
(B) If the person so served does not abate the nuisance within 7 days, the County may, but is not required to, proceed to abate the nuisance or the County may employ independent contractors to abate the nuisance. The person or persons employed to abate the nuisance shall have the full right of access to the property with the personnel, machinery and equipment as are necessary to abate the nuisance. The County shall keep a record of the costs incurred to abate the nuisance and the costs shall be charged to and paid by the owner and/or occupant.
(C) Charges for nuisance abatement shall be a lien on the premises. Nuisance abatement charges shall include labor, equipment usage, fuel and oil, attorney's fees, filing fees, publication cost, court costs, and all other fees and charges when incurred by the County for the abatement of the nuisance, enforcement of the lien and foreclosure on the property. Whenever a bill for charges remains unpaid for 60 days after it has been rendered, the Fiscal Court or its designated representative may file with the County Clerk a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred, the date the nuisance was abated and a notice that the County claims a lien for this amount. Notice of the lien claim shall be mailed to the owner of the premises if his or her address is known. However, failure to record the lien claim or to mail the notice, or failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below.
(D) Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment and the proceeds of the sale shall be applied to pay nuisance abatement charges and attorney's fees after deducting costs. This foreclosure shall be in equity in the name of the County.
(E) The County Attorney shall institute the proceedings, in the name of the County, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid 60 days after it has been rendered.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.06 NUISANCE CREATED BY OTHERS.
The provisions of § 91.05(A) through (E) of this chapter shall not apply to an owner, occupant, or person having control or management of any land located in an unincorporated area if the owner, occupant or person is not the generator of the rubbish or is not dumping or knowingly allowing the dumping of rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons on the property.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.07 EFFECTIVE DATE.
This chapter shall take effect upon its passage and approval and publications as required by law.
(Ord. 07-02-04, passed 7-2-2002)
§ 91.99 PENALTY.
Any person(s) violating any provision of this chapter shall be guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500 or be imprisoned for a period not to exceed 12 months, or both so fined and imprisoned. Each day's continued violation shall constitute a separate offense.
(Ord. 07-02-04, passed 7-2-2002)
CHAPTER 92: HAZARDOUS MATERIALS
Section
General Provisions
92.01 Purpose
92.02 Applicability
92.03 Definitions
92.04 Determination of reportable quantities
92.05 Prohibited acts
92.06 Notice to Public Safety Communications Center
92.07 Administrative agency
92.08 Response authority
92.09 Liability for costs
92.10 Authorized release
92.11 Contractual indemnification; subrogation
92.12 Release prevention and control plan required
92.13 Inspections
92.14 Confidential information and trade secrets
92.15 Enforcement; notice of violation
92.16 Fees
92.17 Disclaimer of liability
Cost Recovery for Response to Releases
92.30 Purpose
92.31 Definitions
92.32 Cost recovery standards
92.34 Response standards
92.35 Effective date
92.99 Penalty
GENERAL PROVISIONS
§ 92.01 PURPOSE.
This subchapter is adopted by the Shelby County Fiscal Court for the purpose of protecting public health and safety in Shelby County, Kentucky, through prevention and control of hazardous materials incidents and releases, requiring the timely reporting of releases of hazardous materials to appropriate local public safety and emergency agencies and requiring payment by parties responsible for hazardous materials of all expenses incurred by public safety and emergency agencies in responding to the hazardous materials releases.
(Ord. passed 9-27-1988)
§ 92.02 APPLICABILITY.
Pursuant to authority of KRS 67.083(7), the provisions of this subchapter shall apply to all persons who manufacture, use, store or transport hazardous materials in quantities prescribed by this subchapter and as defined herein within the entire area of Shelby County, including all incorporated and unincorporated areas thereof.
(Ord. passed 9-27-1988)
§ 92.03 DEFINITIONS.
As used in the herein subchapter, unless the context of usage clearly requires otherwise, the meanings of specific terms in this subchapter shall be as follows:
AUTHORIZED RELEASE. A release of hazardous materials in accordance with an appropriate permit granted by a state or federal agency having primary jurisdiction over the release.
CONSUMER PRODUCT. Meaning is stated in 15 U.S.C. § 2052.
COSTS. All expenses incurred by local government and/or local emergency response organizations regardless of whether or not the agencies are publicly or privately owned in responding to any hazardous materials spill, leak, or other release into the environment and for any remedial or removal actions taken to protect and safeguard the public health and safety, property or the environment. The term includes, but is not limited to, costs incurred for personnel, equipment and the use thereof, materials, supplies, services, lost wages of volunteer personnel, damage or loss of equipment, both organizational and personal, and related expenses resulting directly from response to a release or threatened release of a hazardous material.
EMPLOYEE. Any person who works, with or without compensation, in a workplace.
EMPLOYER. Any person, firm, corporation, partnership, association, government agency, or other entity engaged in a business or providing service which has employees.
ENVIRONMENT. The navigable waters of the United States and any other surface water, ground water, drinking water supply, soil surface, subsurface strata, storm sewer or publicly-owned sanitary sewer or treatment works (other than those handling only wastewater generated at a facility) within Shelby County, Kentucky. The terms shall include air only for purposes of reporting releases pursuant to the further provisions of this subchapter.
FACILITY. Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock, or aircraft; or any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed or otherwise come to be located. Consumer products in consumer use and vessels are not included.
HAZARDOUS MATERIALS. Any element, compound, substance or material or any combination thereof which are toxic, flammable, explosive, corrosive, radioactive, oxidizers, etiological agents, carcinogenic or are highly reactive when mixed with other substances, including, but not limited to, any substance or material which is designated a hazardous material pursuant to the “Hazardous Materials Transportation Act” (49 U.S.C.A. §§ 1801 et seq.) or is listed by the Appendix A to the ordinance codified herein, 40 C.F.R. pt. 302, List of Hazardous Materials and Reportable Quantities, as amended, published by the U.S. Environmental Protection Agency (EPA), a copy of which the list is attached as Appendix A to the ordinance codified herein, and herein incorporated by reference the same as if set out at length herein in words and figures, in a quantity and form which may pose a substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of, or otherwise managed.
NORMAL APPLICATION OF PESTICIDES. Application pursuant to the label directions for application of a pesticide product registered under §§ 30 or 24 of the Federal Insecticide, Fungicide, and Rodenticide Act as amended (7 U.S.C. §§ 135 et seq.) (FIRA), or pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIRA, or pursuant to an exemption granted under § 18 of FIRA.
OIL. Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, or disposing of a hazardous material in to or on any land, air, water, well, stream, sewer or pipe so that the hazardous materials, or any constituent thereof, may enter the environment. The term shall not apply to:
(1) With respect to a claim which the persons may assert against the employer of the persons as provided by CERCLA regulations, any release which results in exposure to persons solely within a workplace;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or a pipeline station pumping engine; and
(3) The normal application of fertilizers and pesticides.
PERSON. Any individual, business, firm, partnership, corporation, consortium, association, trust, joint stock company, cooperative, joint venture, city, county, city or county special district, the state or any department, agency or political subdivision thereof, the United States Government, or any other commercial or legal entity.
REMEDIAL ACTION. Any action consistent with permanent remedy taken instead of or in addition to any removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, the actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay (or other earth) cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking container, collection of leachate and runoff, on site treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that the actions protect public health and welfare and the environment.
REMOVAL. The cleanup or removal of released hazardous materials from the environment, the actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threatened release of hazardous materials, the disposal of removed material, or the taking of the actions as may be necessary to prevent, minimize, or mitigate damage to public health or welfare or the environment. The term includes, but is not limited to, security fencing, provisions of alternative water supplies, and temporary evacuation, reception and care of threatened persons.
REPORTABLE QUANTITY. That quantity as set forth in § 92.04 of this subchapter.
RESPONSE. Any remedial or removal actions, including, but not limited to, response by local public safety and emergency agencies and subsequent actions taken to insure the preservation and protection of the public health, safety, welfare and the environment.
STORE. To deposit or place a substance in the county for a period of 10 days or more, provided the substance is not otherwise in transit.
USE. To store, maintain, treat, process, handle, generate, dispose of, or otherwise manage. Use shall not include any mode of transportation other than onsite transportation.
VESSEL. Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
(Ord. passed 9-27-1998)
§ 92.04 DETERMINATION OF REPORTABLE QUANTITIES.
(A) Listed hazardous materials. The quantity appearing in column “RQ” for each hazardous material listed by Appendix A, List of Hazardous Materials and Reportable Quantities, 40 C.F.R. pt. 302, as amended, published by the U.S. Environmental Protection Agency (EPA) shall be the reportable quantity for that material.
(B) Unlisted hazardous materials. Unlisted hazardous wastes designated as hazardous materials have the reportable quantity of 100 pounds, except for those unlisted hazardous wastes exhibiting the characteristic of EP toxicity identified in 40 C.F.R. pt. 261.24. Unlisted hazardous wastes which exhibit EP toxicity have the reportable quantities listed in Appendix A to 40 C.F.R. pt. 302, as amended, for the contaminant on which the characteristics of EP toxicity is based. If an unlisted hazardous waste exhibits EP toxicity on the basis of more than 1 contamination, the reportable quantity for that waste shall be the lowest of the reportable quantities listed by Appendix A to 40 C.F.R. pt. 302, as amended, for those contaminants. If an unlisted hazardous waste exhibits the characteristics of EP toxicity and 1 or more of the other characteristics, the reportable quantity shall be the lowest of the applicable reportable quantities.
(C) Oil.
(1) The reportable quantity for releases of oil to waters of the United States or adjoining shorelines is any quantity which violates applicable water quantity standards or causes a film or sheet upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
(2) The reportable quantity for releases of oil to the environment other than releases to waters of the United States and adjoining shorelines is 56 gallons.
(3) Notwithstanding any other provision of this subchapter, a release of oil from a properly functioning vessel engine shall not be deemed to be in a reportable quantity; however, this provision shall not be applicable to oil accumulated in a vessel's bilges.
(D) Higher reportable quantity. Notwithstanding any other provision of this subchapter, the administering agency, after review of the “Shelby County Hazardous Materials Use and Spill Prevention Control Plan” (HMPC) required to be submitted pursuant to the further provisions of this subchapter, may designate a reportable quantity for a hazardous material in excess of the quantity determined under this section if the administering agency determines that the higher reportable quantity is consistent with the purpose and objectives of this subchapter.
(E) Releases to sanitary sewer system. Notwithstanding any other provision of this subchapter, any release of a hazardous material to a sanitary sewer system which is prohibited under applicable pretreatment or other regulations of any sanitation district operating within Shelby County governing discharges to the sanitary sewer system shall be deemed to be discharged in reportable quantities.
(F) Component hazardous materials release. A release of a mixture or solution of which a hazardous material is a component shall be considered to be a release in a reportable quantity only where the component hazardous material of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
(Ord. passed 9-27-1998)
§ 92.05 PROHIBITED ACTS.
No person shall cause, threaten or allow the release of a hazardous material into the environment within the territorial boundaries of Shelby County, Kentucky, unless the release is an authorized release in accordance with an appropriate permit granted by that agency of state or federal government which has primary jurisdiction over the release and the release is in a place and manner as will not create a substantial present or potential hazard to human health, property or the environment.
(Ord. passed 9-27-1998)
§ 92.06 NOTICE TO PUBLIC SAFETY COMMUNICATIONS CENTER.
(A) Notice upon discovery. When a release or a threatened release, other than an authorized release, of a hazardous material in a quantity equal to or exceeding the reportable quantity hereinbefore established for the material, occurs or is imminent on any facilities of any kind within Shelby County, the person in charge of the facilities, upon discovery of the release or threatened release, or evidence that a release has occurred even though it has apparently been controlled, shall immediately cause notice of the existence of the release or threatened release, the circumstances of same, and the location thereof to the Public Safety Communications Center.
(B) Emergency telephone number. The notice required to be given by this subchapter in Shelby County may be given by telephoning (502) 633-2323 (or any other emergency telephone number as may be subsequently designated). This 1 call will meet the requirements for notification of local agencies and, to the extent permitted by existing or future agreement, will provide notice to appropriate agencies of the Commonwealth of Kentucky, including, but not limited to, the Cabinet for Natural Resources and Environmental Protection, the Office of the State Fire Marshal in the Department of Housing, Buildings and Construction in the Cabinet for Public Protection and Regulation, and the Division of Disaster and Emergency Services in the Department of Military Affairs.
(C) Duty to control releases. The notice required to be given by this subchapter shall not be construed as forbidding or otherwise exempting any person on or about the facilities from exercising all diligence necessary to control the release prior to or subsequent to the notice to the Public Safety Communications Center, especially if the efforts may result in the containment of the release and/or the abatement of extreme hazard to the employees or the general public. Delays in reporting due to any in-house requirement for notification to off-site owners/supervisors shall not be acceptable as reason for delay in notification required by this section, and a delay may result in penalties.
(D) Duty to report to other agencies. No statement contained in this subchapter shall be construed to exempt or release any person from any other notification or reporting procedures in accordance with applicable state or federal laws or regulations.
(Ord. passed 9-27-1998)
§ 92.07 ADMINISTERING AGENCY.
The purpose of this subchapter is to establish a uniform county-wide program for protection of the environment from uncontrolled releases of hazardous materials to be administered by existing agencies of local government. The Hazardous Materials Response Team within the Department of Disaster and Emergency Services shall be the lead agency in administering this subchapter.
(Ord. passed 9-27-1998)
§ 92.08 RESPONSE AUTHORITY.
(A) The Shelby County Disaster and Emergency Services Hazardous Materials Response Team (hereinafter called “HMRT”) shall have authority to coordinate response to any release or threatened releases of hazardous materials in any incorporated or unincorporated area of Shelby County.
(B) The Fire Chief of the jurisdiction in which the release or threatened release is located, shall have primary authority for taking remedial or removal actions necessary to control or contain the release or threatened release and to assure the protection of human health, property and the environment. The rule of HMRT is to give technical advice and assistance to the Fire Chief. HMRT shall not direct the emergency response unless requested to do so by the Fire Chief or his or her authorized representative.
(C) HMRT, or the Fire Chief, shall immediately report any release or threatened release to the executive authority of the jurisdiction (e.g. County Judge/Executive or his or her administrative assistant, Mayor, City Administrative Officer, City Coordinator). If in the opinion of the executive authority, the seriousness of the situation warrants, the chief executive officer of the jurisdiction (County Judge/Executive or Mayor) shall declare the existence of a state of emergency in the jurisdiction, and thereafter, the response authority provided by this subchapter shall then be vested in the chief executive officer. In that event, the chief executive officer may authorize HMRT, the Fire Chief, or other appropriate person to exercise all or part of the response authority provided by this subchapter until further notice.
(D) All local emergency response personnel shall cooperate with and operate under the direction of the chief executive officer of the jurisdiction, the Fire Chief, HMRT, or other person then exercising response authority under this subchapter until a time as the person then exercising response authority has determined that the response is complete, or responsibility for response has been assumed by the state or federal agency having primary jurisdiction over the release or threatened release.
(E) The person exercising response authority under this subchapter shall coordinate and/or cooperate with other federal, state or local public health, safety and emergency agencies involved in the response to a release or threatened release of hazardous materials.
(F) The person exercising response authority under this subchapter may, with the approval of the executive authority of the jurisdiction, obtain vital supplies, equipment, services and other properties found lacking and needed for the protection of human health, property and the environment and obligate the jurisdiction for the fair value thereof.
(Ord. passed 9-27-1998)
§ 92.09 LIABILITY FOR COSTS.
Notwithstanding any other provision or rule of law, the following persons shall be jointly and severally liable for all costs of removal and remedial actions incurred by local public safety and emergency agencies as a result of a release or threatened release of hazardous materials into the environment:
(A) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of hazardous materials;
(B) Any person who, at the time of disposal, transport, storage, or treatment of hazardous materials, owned or operated the facility or vessel used for the disposal, transport, treatment, or storage from which there was a release or substantial threat of a release of hazardous materials;
(C) Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by another party or entity from which facility there is a release or substantial threat of a release of hazardous materials; and
(D) Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or substantial threat of a release of hazardous materials.
(Ord. passed 9-27-1998)
§ 92.10 AUTHORIZED RELEASE.
There shall be no liability under this subchapter for any release permitted by state or federal law, but only to the extent that the release is made in accordance with an appropriate permit granted by the state or federal agency having primary jurisdiction over the release and that the release is in full compliance with the permit with respect to time, location and manner of the release so that the release will not create a hazard or potential hazard to human health, property or the environment; or, if the release is in substantially lesser quantities than those reportable quantities established by state or federal law, regulations, permit requirements, or subchapters of the jurisdiction in which the release occurs. This also pertains to legitimate retail merchants who sell permitted goods in accordance with state and federal laws.
(Ord. passed 9-27-1998)
§ 92.11 CONTRACTUAL INDEMNIFICATION; SUBROGATION.
(A) No conveyance, transfer, sale, indemnification, hold harmless, or similar agreement shall be effective to release the owner or operator of any facility or vessel or any person who may be liable for a release of hazardous materials or threat thereof under this subchapter. Nothing in this subchapter shall bar any arrangement to insure, hold harmless or indemnify a party to this agreement for any liability under this subchapter.
(B) Nothing in this subchapter, including the provisions of division (A) above, shall bar a cause of action that an owner or operator or any other person subject to liability under this subchapter, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.
(Ord. passed 9-27-1998)
§ 92.12 RELEASE PREVENTION AND CONTROL PLAN REQUIRED.
(A) Plan Required. The following persons who use hazardous materials must prepare, submit and maintain a “Shelby County Hazardous Materials Use and Spill Prevention Control Plan”, hereinafter referred to as “HMPC Plan”:
(1) All federal, state and local government agencies which use hazardous materials in reportable quantities;
(2) All of the following businesses or services within Shelby County which use hazardous materials, as classified by the Standard- Industrial Classification (SIC) code:
|
Classification |
Business or Service |
|
0782 |
Lawn and garden services |
|
2011-3999 |
Manufacturing |
|
4011-4953 |
Transportation, Communication and Public Utilities |
|
5043 |
Photographic equipment and supplies (Wholesale trade) |
|
5085 |
Industrial supplies (Wholesale trade) |
|
5161-5199 |
Specific categories in wholesale trade |
|
5541 |
Gasoline service stations (Retail trade) |
|
7011-7218 |
Industrial and commercial launders, and the like, in services |
|
7342 |
Disinfecting and exterminating services |
|
7395 |
Photo finishing laboratories in services |
|
7512 |
Passenger car rental in services |
|
7513 |
Truck rental and leasing |
|
7538-7549 |
Automotive repair shops and auto services in services |
|
8062 |
General medical and surgical hospitals in services |
|
8063 |
Psychiatric hospitals in services |
|
8069 |
Specialty hospitals except psychiatric in services |
(3) Those persons not covered in divisions (A)(1) or (2) above who use hazardous materials may be required to submit a HMPC Plan if the administering agency finds it necessary to protect the public health and safety.
(B) Exemptions.
(1) Persons who handle agricultural chemicals in the ordinary course of agricultural operations other than warehousing or bulk storage of the chemicals for resale or commercial applications.
(2) Persons who handle hazardous materials only in conjunction with residential use or property for non-commercial purposes.
(3) Consumer products and foodstuffs packaged for distribution to and intended for use by general public. This refers to ingredients used in production of foodstuffs which are regulated by the Federal Food, Drug and Cosmetic Act, as amended.
(C) Required HMPC plan elements. The administering agency shall provide forms with the necessary instructions and requirements for completing HMPC Plans in compliance with this subchapter. The HMPC Plans will include, but not be limited to:
(1) Facility identification;
(2) Spill history;
(3) Identification of hazardous materials (HM) storage, in-plant transfer, process and materials, handling areas and hazardous materials truck, rail car and/or vessel loading and unloading areas;
(4) Description of plant site runoff from parking areas described in division (C)(3), including in-place containment appurtenances (e.g. dikes) and means of releasing rainwater from those areas;
(5) Other means of spill prevention, control and countermeasure of all listed hazardous materials, such as containment or detection equipment and absorbent materials;
(6) Provisions for the operation and maintenance of all items described in division (C)(5) above;
(7) Contingency plans, including spill notification procedures for both internal personnel as well as outside authorities, including the Shelby County HMRT;
(8) Provisions for training of personnel in the utilization of contingency plans;
(9) Security provisions;
(10) Provisions for inspections, spill report preparation and records retention;
(11) Schedule (with actual dates or milestones) for plan elements yet to be implemented, with provisions for reporting progress to the administering agency;
(12) Provisions for periodic review and amendments to the Plan;
(13) Certification of the plan by a registered professional engineer or an officer of the company; and
(14) For the purposes of this subchapter, only 1 plan need be submitted by the owner of electrical equipment at multiple locations when the equipment contains hazardous materials as a coolant, lubricant, or insulation for the operation of the equipment. Section 92.12 (C)(3) and (5) above shall not apply to single plans authorized under this subchapter.
(D) Plan submittal deadlines. Those persons and facilities required to submit a HMPC Plan under this subchapter shall submit the plans in duplicate to the administering agency within 180 days following the effective date of this subchapter provided, however, that persons required to submit the HMPC Plans may request in writing for extensions of time where the complexity of the operations involved require additional time in which to complete the plans. When granted by the administering agency, the extensions of time shall be for periods of 30 days, renewable thereafter for like periods until January 1, 1991, at which time all HMPC Plans shall have been submitted to the administering agency for review.
(E) Review and approval of plan. The HMPC Plan shall be reviewed by the administering agency, the fire department having jurisdiction, and, where appropriate, the Local Kentucky District Health Department, any sanitation district operating within Shelby County, or other local agency with appropriate authority; however, final administrative action on the HMPC Plan shall be taken by the administering agency. Upon submission of the HMPC Plan or the granting of time extension in accordance with division (D) of this subchapter, the person submitting the plan shall be presumed to be in compliance with this subchapter pending final approval of the plan. HMPC Plans which do not provide the necessary information or are otherwise defective shall be rejected and returned to the person submitting the plan for revision and resubmittal.
(F) Appeals. Any rejection or denial of approval of an HMPC Plan by the administering agency may be appealed to the governing body of the jurisdiction in which the facility for which the plan is submitted is located. As soon as practicable following receipt of notice of the appeal, the governing body shall conduct a public hearing into the matter, and after consideration of all evidence and testimony relative to the appeal, shall, by majority vote, uphold the finding of the administering agency or may modify the requirements of the HMPC Plan for the particular facility as it may deem appropriate so long as the modifications are in compliance with the intent of this subchapter which is to promote and secure protection of human health, property and the environment against present or potential hazards occasioned by the uncontrolled release of hazardous materials into the environment.
(G) Updates, revisions, and changes. A new or modified HMPC Plan may be required and submitted to the administering agency when any person institutes the use of a new process or change in its manufacturing or processing facilities, or when there is significant change in its existing operations or wastewater constituents or characteristics.
(H) Training and educational programs.
(1) Each employer who uses hazardous materials as herein defined and who is required to prepare an HMPC Plan shall be required to have an initial and ongoing safety and accident prevention training program for all employees. This training and education shall include, but not be limited to, appropriate work practices, protective measures and emergency procedures. The details and frequency of the training program should be provided as a part of the HMPC Plan for the facility.
(2) The administering agency shall have the authority to require different frequencies of training for industries with frequent spills and/or spill histories.
(Ord. passed 9-27-1998)
§ 92.13 INSPECTIONS.
(A) The administering agency and the response authority shall have the authority to jointly conduct the periodic inspections of any facilities, for the purpose of ascertaining and causing to be corrected, any condition which may be a violation of this subchapter.
(B) Joint inspection shall be conducted where necessary for purposes of HMPC Plan review. Inspections shall be made during working hours, except by special arrangement, with the person in charge of the facility.
(Ord. passed 9-27-1998)
§ 92.14 CONFIDENTIAL INFORMATION AND TRADE SECRETS.
(A) Information and data provided by any person or obtained from any report, questionnaire, permit application, permit and monitoring program, and from inspections shall not be made available to the public or any other government agency, unless required by law.
(B) Upon submission of information in any form, it shall be the obligation of the submitter to separate all confidential and trade secret material from any materials subject to disclosure under the law.
(C) (1) Any request made under the law for information containing confidential or trade secret information shall be brought to the attention of the person requesting confidentiality of its trade secrets by certified mail, return receipt requested.
(2) The notification shall advise the person requesting confidentiality of the decision of the administering agency regarding release of the confidential information. In no event, will the confidential information be released until 5 days have elapsed from date notice is sent by certified mail.
(D) Within 72 hours afer receipt of notice, the person requesting confidentiality of its trade secrets shall have the burden to initiate appropriate actions at law or otherwise to protect its confidential or trade secret information from disclosure, and must demonstrate that public disclosure of confidential or trade secret information is likely to cause substantial harm to his or her competitive position.
(E) Any individual who releases information containing confidential or trade secret information in violation of law or this section shall be subject to disciplinary action by his or her employer for malfeasance, misfeasance and willful neglect of official duties, and may further be guilty of misuse of confidential information under KRS 522.040.
(F) The provisions of this subchapter shall in no way prohibit or limit the exchange of information, confidential or otherwise, between public agencies when the exchange is serving a legitimate government need or is necessary in the performance of a government function including, but not limited to, the carrying out of the provisions and intent of this subchapter.
(G) Shelby County DES Hazardous Materials Response Team shall be the repository for all trade secret information for the purposes of this subchapter.
(Ord. passed 9-27-1998)
§ 92.15 ENFORCEMENT; NOTICE OF VIOLATION.
(A) The administering agency and the response authority hereinbefore designated shall have joint primary responsibility for enforcement of the provisions of this subchapter.
(B) Upon notification or discovery of any violation of the provisions of this subchapter, the administering agency shall immediately investigate the site upon which the violation is located. The administering agency will be the lead enforcement agency for violations of this subchapter. If a violation exists, a notice describing the violations shall be served upon the person who is responsible for the facilities upon which the violation has occurred, if the identity of the person is known. The notice shall also include the following, if applicable.
(1) A statement that if the situation is not remedied within the prescribed period of time, the administering agency may proceed to correct the violation;
(2) A statement that the person shall be liable for any costs incurred by public agencies associated with their releases except for those costs that are associated with a normal emergency response;
(3) A statement that after the administering agency has corrected the violation, a bill shall be sent charging the person the amount of costs and expenses incurred by the governmental agency in correcting the violation; and
(4) A statement that penalties may be levied for violations that have occurred.
(C) In cases where the identity of the person who is responsible for facilities upon which a violation has occurred is not known at the time a violation is reported or discovered, the county or any governmental agency within the county may take reasonable steps to abate any problem and may take reasonable steps to clean up the area affected to assure continuing safety of the public and the environment. When the identity of the person responsible for the facility is determined, a bill shall be sent to that person for the costs of correcting the violation according to the provisions of § 92.14(A) and (B).
(D) The administering agency is empowered to seek injunctive relief for violations of this subchapter should other means prove ineffective and a threat to public health and safety exists.
(Ord. passed 9-27-1998)
§ 92.16 FEES.
Fees shall be imposed for HMPC Plan review or approval, the revenues of which shall cover only the costs of HMPC Plan review and approval. The administering agency shall set and collect fees. The fee schedule shall be uniform for all persons required to submit HMPC Plans under the provisions of this subchapter.
(Ord. passed 9-27-1998)
§ 92.17 DISCLAIMER OF LIABILITY.
This subchapter shall not create liability on the part of the administering agency or on the part of the response authority of any damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder. All persons are advised to determine to their own satisfaction the level of protection, in addition to that required by this subchapter, necessary or desirable to ensure that there is no unauthorized release of hazardous materials.
(Ord. passed 9-27-1998)
COST RECOVERY FOR RESPONSE TO RELEASES
§ 92.30 PURPOSE.
Pursuant to the authority of KRS 39B.070(2) and KRS 67.040 et seq., this subchapter is adopted by the Fiscal Court of Shelby County for the purpose of requiring the timely payment or reimbursement, by any parties responsible for a release or threatened release of any hazardous material in Shelby County and its cities, of all costs incurred by Shelby County or any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies, in responding to a release or threatened release of any hazardous material.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.31 DEFINITIONS.
As used in this subchapter, unless the context clearly requires otherwise:
COSTS. All expenses incurred by Shelby County or any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies in responding to a release or threatened release of a hazardous material. The term includes, but is not limited to, expenses for salaries and personnel benefits of employees who respond to a hazardous material release or threatened release, including lost wages of volunteer personnel; the expenses incurred to replace materials, supplies, vehicles, and equipment expended or contaminated or damaged in response to a release or threatened release of a hazardous material; expenses incurred to properly clean-up, restore, or dispose of contaminated vehicles, equipment, supplies, and materials involved in response to a release or threatened release of a hazardous material; the logistical expenses incurred for food, lodging, utilities, fuel, services, sanitation, medical surveillance or treatment, evacuation, and rental; and other personnel, health, medical, safety, operating, support, logistical, maintenance, or administrative expenditures made to support the response to a release or threatened release of a hazardous material, including any legal expenses incurred in recovering costs as described in this subchapter.
FIXED FACILITY. Any building, structure, installation, storage container, equipment, pipe, or pipeline (including any pipe into a sewer or publicly-owned treatment system), well, pit, pond, lagoon, impoundment, reservoir, ditch, landfill, site, or immobile vessel where a hazardous material is stored, deposited, disposed of, abandoned, placed, or otherwise is located. Consumer products, as defined in 15 U.S.C. § 2052, in consumer use and vessels, are not included.
HANDLER. A person that stores, maintains, treats, processes, uses, generates, disposes of, transports, controls, manages, or otherwise possesses a hazardous material.
HAZARDOUS MATERIAL. A substance (gas, liquid, solid, or semi-solid) capable of creating harm to people, property, and the environment, including but not limited to, any element, commodity, compound, chemical, substance, mixture, waste, or any combination thereof, that is toxic, flammable, explosive, incendiary, corrosive, radioactive, an oxidizer, organic peroxide, an etiological or biological agent, carcinogenic, or highly reactive when mixed with other substances.
MOBILE CARRIER. Motor vehicles, cargo tanks, box trailers, rolling stock, rail tank cars, locomotive engines, aircraft, barges, boats, or other motorized vehicles or commodity containers used in transportation of a hazardous material.
OWNER/OPERATOR. A person who owns or operates a fixed facility or a person that owns or operates a mobile carrier as well as any person vested with proprietary or decision-making authority over a fixed facility or mobile carrier.
PERSON. An individual, trust, firm, business, corporation, joint stock, company, partnership, consortium, association, cooperative, joint venture, city, county, special district, a state or any department or agency thereof, the United States of America or any department or agency thereof, or other commercial or legal entities.
RELEASE. Any accidental or intentional, unauthorized or non-permitted spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, or disposing of a hazardous material into or on any site, surface, land, air, water, well, river, lake, reservoir, stream, creek, ditch, sewer, pipe, drainage basin, or other area.
RESPONSE. Any actions taken to ensure the preservation and protection of public health, safety, welfare, and the environment, including but not limited to, any mitigation, logistical, remedial, and supporting measures required to safeguard emergency responders, the public, and the environment.
RESPONSIBLE PARTY. Any person possessing or controlling a hazardous material at the time of a release, or threatened release, of the hazardous material.
THREATENED RELEASE. A factor or circumstance that presents a substantial threat of a release.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.32 COST RECOVERY STANDARDS.
(A) Any person, owner/operator, handler, or other responsible party, that causes or is otherwise responsible for a release or threatened release of a hazardous material that requires or results in a response to the release or threatened release and the expenditure of public funds in executing the response to the release by Shelby County or any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies in Shelby County, shall be liable to Shelby County for all recoverable costs as outlined herein below and incurred by Shelby County, the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies in Shelby County to include any protective, mitigation, remedial and recovery actions taken in the response.
(B) In the event of a release of a hazardous material, or a threatened release of a hazardous material, being transported in or otherwise involved in transportation or transit in Shelby County and its cities, the handler, the shipper or carrier, the owner/operator of the hazardous material, and any other responsible party, jointly and severally, shall be responsible for all costs incurred by Shelby County and any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities in responding to the release or threatened release.
(C) In the event of a release of a hazardous material, or a threatened release of a hazardous material, at a fixed facility, the handler or the owner/operator of the hazardous material, and any other responsible party, shall be responsible for all costs incurred by Shelby County and any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities in responding to the release or threatened release.
(D) At the direction of the Shelby County Fiscal Court, the director of the Shelby County Office of Emergency Management, on behalf of Shelby County, is hereby authorized and directed to prepare and submit all bills of claim to any owner/operator, carrier, shipper, handler, or other responsible party for payment or reimbursement of all recoverable costs incurred as described in this subchapter.
(E) At the direction of the Shelby County Fiscal Court, the County Attorney of Shelby County is hereby authorized and directed to initiate the proceedings, in the name of Shelby County, in any court having jurisdiction over the matters as are necessary to recover the costs incurred as described in this subchapter.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.33 LIEN CREATED, SEIZURE, IMPOUNDMENT.
(A) All releases or threatened releases of any hazardous material, including a release or threatened release of a hazardous material involved in transportation or transit or a release or threatened release of a hazardous material at a fixed facility, shall be considered a public health hazard in Shelby County. For the purpose of securing all recoverable costs incurred in executing a response to any hazardous material release or threatened release by Shelby County and any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities, the Shelby County Fiscal Court shall have, and there is hereby created, a lien against the real or personal property in Shelby County possessed by the owner/operator, handler, or any other responsible party or person. The affidavit of the Shelby County Judge/Executive shall constitute prima facie evidence of the amount of the lien and it shall be recorded in the office of the Shelby County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of 12% until paid. The lien created shall take priority over all other subsequent liens, except those asserted by any city or other taxing district which has priority under KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this subchapter shall also be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and Shelby County shall have the same remedies as provided for the recovery of a debt owed.
(B) The lien shall be enforced upon the filing of an action in the Shelby County Circuit Court naming all persons with a security or other interest in the real or personal property to which the lien is attached.
(C) As to any moveable personal property or mobile carrier located in Shelby County, Kentucky, including, but not limited to, any titled motor vehicle, trailers attached thereto, vessels, cargo tanks, locomotive engines, rail tank cars, rolling stock, and other equipment used to store or transport a hazardous material, the Shelby County Fiscal Court may effectuate or order the seizure or impoundment of the property pending enforcement of the lien by the Shelby County Circuit Court. In addition, the Shelby County Sheriff's Office may order impoundment to preserve the property as evidence.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.34 RESPONSE STANDARDS.
(A) Response to a hazardous material release or threatened release within the geographical boundaries of Shelby County by Shelby County and any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities shall be conducted in accordance with the provisions of the Shelby County Emergency Operations Plan, response agency SOP's, and the terms of written mutual aid agreements approved by the Shelby County Fiscal Court. The owner/operator or handler of the hazardous material involved in a release or threatened release, or other responsible party, shall assume responsibility to Shelby County and any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities for all costs incurred in responding to the release or threatened release, including costs associated with execution or implementation of the Shelby County Emergency Operations Plan, response agency SOP's, and the terms of written mutual aid agreements approved by the Shelby County Fiscal Court.
(B) In the event Shelby County or any agent of Shelby County, including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies outside of the geographical boundaries of Shelby County under the terms and conditions of written mutual aid agreements approved by the Shelby County Fiscal Court, the owner/operator, or handler of the hazardous material involved in the release or threatened release, or other responsible party, shall assume responsibility to Shelby County and any agent of Shelby County including the WMD HAZMAT SIX regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in Shelby County and its cities for all costs incurred in responding to the release or threatened release, including costs associated with the execution or implementation of the Shelby County Emergency Operations Plan, response agency SOP's, and the terms of written mutual aid agreements approved by the Shelby County Fiscal Court.
(C) At the direction of the Shelby County Fiscal Court, the County Attorney of Shelby County is hereby authorized and directed to initiate the proceedings against the owner/operator, or handler, or other responsible party, or other public or private entity, in the name of Shelby County, in any court having jurisdiction over the matters as are necessary to recover the costs incurred as described in this subchapter.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.35 EFFECTIVE DATE.
This subchapter shall be in full force and effect from and after its approval, adoption and publication.
(Ord. 11-05-07, passed 11-5-2002)
§ 92.99 PENALTY.
(A) Any person who is responsible for the release or substantial threat of a release of hazardous materials into the environment in violation of § 92.05, or who fails to report the release or threatened release in violation of § 92.06 of this chapter shall, upon conviction thereof by a court of competent jurisdiction, be guilty of a Class A Misdemeanor and subject to a fine or imprisonment, or by both the fine and imprisonment, as is otherwise provided by law for the offense. Each day that the violation occurs, exists or continues shall be deemed to be a separate offense.
(B) Any person who otherwise violates any provisions of this chapter other than §§ 92.05 or 92.06 shall, upon conviction thereof by a court of competent jurisdiction, be guilty of a Class B Misdemeanor and subject to the fine or imprisonment, or by both the fine and imprisonment, as is otherwise provided by law for the offense. Each day that the violation occurs, exists or continues shall be deemed to be a separate offense.
(C) Any person or business transporting hazardous or other waste material in Shelby County shall have the waste covered by sufficient material to insure and prevent its contents from spilling or leaking upon the roadway or on property over which it is being transported. Violations of this provision upon conviction thereof by a Court of competent jurisdiction, shall be guilty of a Class A Misdemeanor and subject to a fine or imprisonment, or by both the fine and imprisonment, as is otherwise provided by law for the offense. Each day that the violation occurs, exists or continues shall be deemed to be a separate offense.
(D) In addition to the penalties provided in divisions (A), (B) and (C) above, any person violating any provisions of this §§ 92.01 through 92.17 shall become liable civilly to the appropriate county or city government for any expense, loss or damage to the government or agency thereof caused by reason of the violation, including, but not limited to, any clean-up, evacuation, administration or other expenses, and legal expenses.
(Ord. passed 9-27-1998)
(E) Any provision in this chapter for which a penalty is not set out shall be subject to § 10.99.
CHAPTER 93: STREETS AND SIDEWALKS
Section
Street Names and Addresses
93.01 Designation of street numbers
93.02 Posting of designated street addresses
93.03 Assignment of street names
93.04 Required use of address
93.05 Disseminating addresses
93.06 Effective date
93.99 Penalty
STREET NAMES AND ADDRESSES
§ 93.01 DESIGNATION OF STREET NUMBERS.
(A) Street numbers for residential, agricultural, commercial and industrial structures on all public and private streets shall be approved/assigned by the Triple S Planning Commission Administrative-Enforcement Officer in accordance with the Commission's administrative procedures.
(B) The Triple S Planning Commission shall keep a record of all numbers assigned under this subchapter.
(Ord. passed 10-20-1992)
§ 93.02 POSTING OF DESIGNATED STREET ADDRESSES.
(A) The owner or occupant or person in charge of any house or building to which a number has been assigned will be notified by mail by the Triple S Planning Commission of the number assigned to that structure.
(B) The owner or occupant or person in charge of the structure to which a number has been assigned shall affix the number to street side of the structure in legible figures not less than 3 inches high and in a color contrasting to the building background. Also, the owner or occupant or person in charge of the structure shall have their mail box at street side marked clearly in legible figures in a height according to the size of the mail box.
(C) If the number is not visible from the street, a marker must be placed streetside marked clearly in not less than 3-inch legible figures.
(Ord. passed 10-20-1992)
§ 93.03 ASSIGNMENT OF STREET NAMES.
New street names shall be approved by the Triple S Planning Commission as stipulated in Subdivision Regulation § 4.211.
(Ord. passed 10-20-1992)
§ 93.04 REQUIRED USE OF ADDRESS.
Any person, business, corporation, and the like, shall not be able to obtain or renew any personal drivers license, car tags, business license and/or permits unless the proper address is shown thereon.
(Ord. passed 10-20-1992)
§ 93.05 DISSEMINATING ADDRESSES.
The Triple S Planning Commission Administrator-Enforcement officer shall be responsible for dissemination all address assignments to other government agencies, emergency services, utility companies and other interested parties as deemed necessary. Update will be provided on a bi-monthly basis.
(Ord. passed 10-20-1992)
§ 93.06 EFFECTIVE DATE.
This subchapter shall become effective and in full force 30 days after its passage.
(Ord. passed 10-20-1992)
§ 93.99 PENALTY.
In the event that the owner or occupant or person in charge failing to comply with this provisions of this subchapter shall be fined not less than $10 or more than $25, and each day during which the violation exists shall be deemed a separate offense. Warning citations may be issued by the Triple S Planning Commission Administrator-Enforcement officer or law enforcement officers.
(Ord. passed 10-20-1992)
CHAPTER 94: PARKS AND RECREATION
Section
94.01 Operation of motor vehicles within the parks system
94.99 Penalty
§ 94.01 OPERATION OF MOTOR VEHICLES WITHIN THE PARKS SYSTEM.
(A) It shall be unlawful without a Parks System permit to operate any motorized vehicle in any facility within the Shelbyville/Shelby County Parks and Recreation System except on designated roadways and in designated parking areas.
(B) It shall be unlawful without a Parks System permit to park any motorized vehicle in any facility within the Shelbyville/Shelby County Parks and Recreation System except in designated parking areas, provided, however, it shall be permissible to parallel park along the entrance road to Lake Shelby and in Clear Creek Park at the softball facility, should all parking areas be filled then, in that event, it shall be permissible to parallel park along the back road of the park.
(C) There shall be no parallel parking along entrance roadway (from entrance) to park through to Golf Course and Club House.
(Ord. 90-2, passed 6-12-1990) Penalty, see § 94.99
§ 94.99 PENALTY.
The penalty for violation of §§ 94.01(A) through (C) of this chapter shall be a fine of $5 paid to County Judge Office.
(Ord. 90-2, passed 6-12-1990)
CHAPTER 95: FIRE PREVENTION AND PROTECTION
Section
General Provisions
95.01 Incinerators
Fire Districts
95.15 Creation of Waddy Fire Protection District
95.16 Creation of Bagdad Volunteer Fire Protection District
95.17 Creation of East 60 Fire Protection District
95.99 Penalty
GENERAL PROVISIONS
§ 95.01 INCINERATORS.
(A) Purpose. The Fiscal Court of Shelby County hereby finds that the fly ash, smoke, noxious fumes and odors that are emitted from incinerators cause pollution of the air and unpleasant living conditions and are thereby detrimental to the health and welfare of the residents of the County. Therefore, the Fiscal Court of Shelby County hereby declares all the incinerators in the County to be public nuisances. It further declares that proper disposal of waste is to be made at the city-county landfills.
(B) Definition. INCINERATOR is defined as a commercial furnace for burning waste material.
(C) Incinerators prohibited. It shall be unlawful for any person, firm or corporation, or agent or employee thereof, from the effective date of this subchapter, to construct, operate or maintain an incinerator in Shelby County, except that any incinerator already in operation on the effective date of this section shall be exempt from application of this section.
(Ord. 1, passed 3-20-1973)
FIRE DISTRICTS
§ 95.15 CREATION OF WADDY FIRE PROTECTION DISTRICT.
The Waddy Fire Protection District is hereby established, effective January 1, 1990, and the tax district hereby formed is authorized to provide the services described in its Plan of Service filed with the Court and to exercise the powers granted by KRS Chapters 65 and 75, and other applicable statutes.
(Ord. passed 12-28-1989)
§ 95.16 CREATION OF BAGDAD VOLUNTEER FIRE PROTECTION DISTRICT.
The Bagdad Volunteer Fire Protection District is hereby established according to the boundaries indicated in the following legal description, effective January 1, 1990, and the tax district hereby formed is authorized to provide the services described in its plan of service filed with the Shelby County Fiscal Court and to exercise the powers granted by KRS Chapters 65 and 75 and any and all other applicable state statutes.
(Ord. passed 11-6-1989)
§ 95.17 CREATION OF EAST 60 FIRE PROTECTION DISTRICT.
The East 60 Fire Protection District is hereby established, effective January 1, 1990, and the tax district hereby formed is authorized to provide the services described in its plan of service filed with the Court and to exercise the powers granted by KRS Chapters 65 and 75 and other applicable state statutes.
(Ord. passed 10-3-1989)
§ 95.99 PENALTY.
Any person, firm or corporation, or agent or employee thereof, who violates the provisions of § 95.01 of this chapter, shall be fined $500 and each day that a violation occurs shall constitute a separate offense.
(Ord. 1, passed 3-20-1973)
CHAPTER 96: FAIR HOUSING
Section
96.01 Section 3 Affirmative Action Plan adopted
§ 96.01 SECTION 3 AFFIRMATIVE ACTION PLAN ADOPTED.
(A) The Shelby County § 3 Affirmative Action Plan is hereby adopted.
(B) This Affirmative Action Plan is to be enacted and take effect immediately upon adoption of this chapter.
(Res. 8, passed 9-10-1991)