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TITLE IX: General Regulations

TITLE IX: GENERAL REGULATIONS

 

 

Chapter

 

90. ANIMALS

 

91. STREETS AND SIDEWALKS

 

92. NUISANCES

 

93. FIREWORKS; FIRE PREVENTION

 

94. LITTER CONTROL

 

95. CEMETERY REGULATIONS

 

96. CIVIL DEFENSE

 

97. FAIR HOUSING

 

98. SOUND AMPLIFIERS

 

99. TREES

 

100. SECURITY ALARM SYSTEMS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 90: ANIMALS

 

 

Section

 

General Provisions

 

90.0l Definitions

90.02 Animals running at large

90.03 Cruelty to animals in the second degree

90.04 Dyeing or selling dyed chicks or rabbits

90.05 Abandoning domestic animals prohibited

90.06 Destruction of abandoned and suffering animal

90.07 Vending or selling of animals

 

Animal Control

 

90.15 Definitions

90.16 Enforcement

90.17 Applicability of state law

90.18 Vicious dogs; rules and regulations

90.19 Harboring fowl

90.20 Sanitary conditions required

90.21 Wild animals and exotic animals prohibited

90.22 Breeding vicious dogs, exotic and wild animals

90.23 Animal carcasses

90.24 Injuring or poisoning animals

90.25 Diseased animals

90.26 Fastening animals to trees; impoundment

90.27 Depositing animal refuse in public places

90.28 Minimum area limitations

90.29 Animals at large; impounding

90.30 Place of impoundment

90.31 Disposition of unredeemed animals

90.32 Interference with impounding of animals

90.33 Vicious dog registration and regulations

90.34 Animal control officer or enforcement agent to take possession; entry on private property

90.35 Impounding

90.36 Interference with animal control officer or enforcement agent

90.37 Stray dogs

90.38 Female dogs in heat

90.39 Dogs and animals that have attacked or bitten

90.40 Powers of enforcement agents or animal control officers

90.41 Removal of dog excrement

90.42 Dogs prohibited at public events

 

90.99 Penalty

 

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GENERAL PROVISIONS

 

' 90.01 DEFINITIONS.

 

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

 

ABANDONMENT. ABANDONMENT shall constitute the relinquishment of all rights and claims by the owner to the animal. (KRS 257.100(4))

 

AT LARGE. Off the premises of the owner, and not under the control of the owner or his or her agent either by leash, cord, chain, or otherwise.

 

OWNER. Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his or her care, or permits it to remain on or about the premises owned or occupied by him or her.

 

 

' 90.02 ANIMALS RUNNING AT LARGE.

 

(A) No person who is the owner of any animal shall permit it to run at large in any public road, highway, street, lane, or alley, or upon unenclosed land, or permit it to go on any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.

 

(B) The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by such animal upon the premises of another.

Penalty, see ' 90.99

 

 

' 90.03 CRUELTY TO ANIMALS IN THE SECOND DEGREE.

 

(A) A person is guilty of cruelty to animals in the second degree when except as authorized by law he or she intentionally or wantonly:

 

(1) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in ' 90.03 in causing it to fight for pleasure or profit, (including, but not limited to being a spectator or vendor at an event where a four legged animal is caused to fight for pleasure or profit) mutilation, beating, torturing, tormenting any animal other than a dog or cat, failing to provide adequate food, drink, space, or health care, or by any other means;

 

(2) Subjects any animal in his custody to cruel neglect; or

 

(3) Kills any animal other than a domestic animal killed by poisoning. This paragraph shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.

 

(B) Nothing in this section shall apply to the killing of animals:

 

(1) Pursuant to a license to hunt, fish, or trap;

 

 

 

 

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(2) Incident to the processing as food or for other commercial purposes;

 

(3) For humane purposes;

 

(4) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;

 

(5) For purposes relating to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows;

 

(6) For bona fide animal research activities of institutions of higher education; or a business entity registered withe U.S. Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;

 

(7) In defense of self or another person against an aggressive or diseased animal;

 

(8) In defense of a domestic animal against an aggressive or diseased animal;

 

(9) For animal or pest control; or

 

(10) For any other purpose authorized by law.

(KRS 525.130) Penalty, see ' 90.99

Statutory reference:

Cruelty to animals in the first degree, a class D felony, see KRS 525.125

 

 

' 90.04 DYEING OR SELLING DYED CHICKS OR RABBITS.

 

No person shall sell, exchange, offer to sell or exchange, display or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under two months of age in any quantity less than six, except that any rabbit weighing three pounds or more may be sold at an age of six weeks.

(KRS 436.600) Penalty, see ' 90.99

 

 

' 90.05 ABANDONING DOMESTIC ANIMALS PROHIBITED.

 

No owner of a domestic animal shall abandon the animal.

Penalty, see ' 90.99

 

 

' 90.06 DESTRUCTION OF ABANDONED AND SUFFERING ANIMAL.

 

(A) Any peace officer, animal control officer or any person authorized by the Board may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose.

 

(B) Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of two reputable citizens called by him or her to view the animal in his or her presence, or shall obtain consent to the destruction from the owner of the animal.

 

 

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(C) (1) Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which shall be unclaimed by its owner or his or her agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given the owner or his or her agent at his or her last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or animal shelter or disposed of as such custodian may deem proper.

 

(2) The giving of notice to the owner, or the agent of the owner of the animal by the licensed veterinarian, shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal.

(KRS 257.100(1) - (3))

 

 

' 90.07 VENDING OR SELLING OF ANIMALS.

 

The vending, selling, or trading of dogs or other such animals on the streets or rights-of-way or municipal or other public areas is prohibited.

(Ord., passed 9-18-73) Penalty, see ' 90.99

 

 

 

ANIMAL CONTROL

 

 

' 90.15 DEFINITIONS.

 

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

 

ANIMAL. Any live creature, domestic or wild, male or female, except humans.

 

ANIMAL CONTROL OFFICER. The city official(s) designated as animal control officer(s), including the Code Enforcement Officer, as well as the dog warden of Logan County, Kentucky.

 

ANIMAL SHELTER. The Logan County Humane Society or a facility authorized by an animal control officer for confinement, maintenance, safekeeping, and control of animals that come into custody of the animal control officer or enforcement agent in the performance of his or her official duties.

 

AT LARGE. On or off the premises of the owner and not under the immediate effective control of the owner or custodian, either by leash, cord, chain, or other restraint, or effectively confined within a fenced area on the owner=s premises. It shall be presumed that a dog is AT LARGE if it is not licensed or not registered under this subchapter.

 

BIRD OF PREY. Any variety of predatory bird, including eagles, hawks, falcons, owls, and vultures.

 

CAT. Any member of the feline species, male or female, of any age.

 

 

 

 

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CITY. The City of Russellville, Kentucky, a municipal corporation of the fourth class, and including any departments, divisions, boards, or agencies thereof.

 

CITY LICENSE. The license issued by the city or its designated agent and required to be in the possession of the license holder.

 

DOG. Any member of the canine species, male or female, of any age.

 

ENFORCEMENT AGENT. Any person designated by the city to enforce the provisions of this subchapter, including but not limited to animal control officers, Code Enforcement Officials, and city police officers and the Logan County Sheriff or his or her deputies.

 

EXOTIC ANIMALS. Any of the following described animals: all animals, including snakes and spiders, whose bite or venom is poisonous or deadly to humans; apes, including chimpanzees, gibbons, gorillas, and orangutans; baboons; bears; cheetahs; crocodilians and alligators; constrictor snakes; coyotes; elephants; gamecocks and other fighting birds; hyenas; jaguars; leopards; lions; lynxes; ostriches; pumas, also known as mountain lions and panthers; wolves; raccoons; skunks; and tigers.

 

FALCONRY. The art of training raptors for the pursuit of game and the sport of hunting with raptors.

 

FOWL. Any and all fowl, domestic or wild, male or female, including chickens, ducks, turkeys, pigeons, and geese.

 

KEEP. Possessing, controlling, exercising, or allowing to run at large.

 

LEASH or LEAD. Any chain, rope, or device used to restrain an animal.

 

OWN. To own, have a property right in, keep, care for, or harbor a dog or other animal, or permit a dog or animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog or animal.

 

OWNER. Any person who owns, has a property right in, keeps, cares for, or harbors a dog or other animal, or permits such dog or animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog or animal. If a dog is owned by a family, all adult members of the family, individually and jointly, shall be deemed OWNERS for the purposes of this subchapter.

 

PERSON. Any individual, firm, corporation, limited liability company, association, or partnership.

 

PIT BULL DOG. Any dog which exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier.

 

PUBLIC NUISANCE. Any dog, cat, or other animal or animals that:

 

 

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(1) Chases passersby or passing vehicles;

 

(2) Attacks other animals;

 

(3) Is at large three or more times within a year=s time;

 

(4) Damages private or public property;

 

(5) Barks, howls, cries, or makes other loud noises, or runs at large, so as to disrupt the peace of the neighborhood; or

 

(6) Is kept, housed, or harbored in such a manner so as to present unsanitary conditions, or causes offensive, obnoxious, or foul odors which impair the reasonable use and enjoyment of surrounding properties.

 

RUNNING AT LARGE. Any dog, cat, or other animal that is free of restraint off of the premises of the owner. Dogs, cats, and other animals that are not securely held on a leash or lead and are on any street, alley, or sidewalk, or at any other public place, or on private property without the consent of the property owner are considered to be RUNNING AT LARGE.

 

STATE. The Commonwealth of Kentucky, and its departments, divisions, boards, and agencies thereof.

 

VACCINATION. An anti‑rabies vaccination using a type of vaccine approved and administered by a veterinarian.

 

VETERINARIAN. Any veterinarian licensed by the state to practice veterinary medicine or employed by a governmental agency.

 

VICIOUS DOG. Any dog such as a Pit Bill breed that has a known or natural propensity, tendency or disposition to attack unprovoked or which has caused death or serious injury to a person engaged in a lawful activity or has attacked or bitten without provocation a person engaged in a lawful activity; or which has killed or seriously injured another animal after an animal control officer or enforcement agent has issued, based upon the vicious or predatory nature of the dog, a written notice to the owner or custodian of such dog to keep it confined or muzzled and leashed in accordance with this subchapter; or which has been declared to be vicious by the attending physician of the victim of an attack or an animal control officer or enforcement agent, taking into consideration the nature and severity of the incident and whether the dog has displayed dangerously aggressive behavior and is likely to inflict injury on another person or animal. A VICIOUS DOG does not include a dog that bites or attacks a person or other animal that provokes, torments, tortures, or treats an animal cruelly.

 

VICIOUS DOG LICENSE. A license issued by the city upon registration of vicious dogs.

 

WILD ANIMAL. Any animal that is not a domesticated companion animal, or any crossbreeds of these animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to, any venomous snake, python or constrictor snakes, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, prairie dogs, rats, mice, rodents, and bats.

 

 

 

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WOLF‑HYBRID. Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as wolf‑hybrids or wolf‑mix breeds or the breed known as Tundra Shepherd.

(Ord. 2006-01, passed 4-4-06)

 

 

' 90.16 ENFORCEMENT.

 

(A) Enforcement. It shall be the duty of animal control officers and enforcement agents to enforce this subchapter. Upon the receipt of a complaint from any person that an animal is present within the city in violation of this subchapter, an animal control officer or enforcement agent shall forthwith investigate the complaint and shall require the person in possession of such animal to comply with the provisions of this subchapter or to safely remove such animal from the city. Upon failure of the person in possession of the animal to comply with such order, an animal control officer or enforcement agent shall forthwith cause the animal to be seized and impounded. If such animal constitutes a serious threat of harm to humans, property or other animals, it may be rendered immobile by reasonable means or by the use of tranquilizers or other drugs, or if that is not safely possible, then such animal may be destroyed.

 

(B) Consultation. An animal control officer or enforcement agent, in investigating any person registering under this section or in the enforcement of this subchapter, is authorized to consult with and seek the advice of any individual, agency, organization, or society that may be able to provide information and advice concerning animals regulated hereby.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.17 APPLICABILITY OF STATE LAW.

 

No person owning any animal shall violate any laws, rules, or regulations of the state applicable thereto. These state laws, rules, and regulations are included herein by reference. Where the provisions of the state regulations are less restrictive than the provisions of this subchapter, the latter shall govern.

(Ord. 2006-01, passed 4-4-06)

 

 

' 90.18 VICIOUS DOGS; RULES AND REGULATIONS.

 

(A) (1) Registration, photographs, and proof of vaccination required. Every owner of a vicious dog (which includes Pit Bull dogs) in the city shall annually register the animal with the Code Enforcement Officer of the City of Russellville. This registration shall state the name, address, and telephone number of the person possessing the animal, the address where the animal is harbored, if different from the possessor=s address, completely identify the animal, including genus and species, his or her common name, gender, color, and other distinguishing physical characteristics, including size and weight. An owner of a vicious dog shall also submit two color photographs showing the color and approximate size of the animal with the registration and obtain from the city a vicious dog license. In the case of dogs or other animals required by law to be vaccinated for rabies, proof of rabies vaccination shall also be provided. Registration shall be completed for all animals that are located or kept within the territorial limits of the city for a period exceeding 24 hours. The registration period shall be for one year, and shall be renewable annually on the anniversary date of registration.

 

 

 

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(2) At the time the dog is registered, a tag shall be issued to the owner of the vicious dog. The tag shall be worn at all times by the dog to clearly and easily identity it as a vicious dog.

 

(3) Proof dog or animal has been spayed or neutered. Every owner of a vicious dog in the city shall submit with its initial registration written proof from a veterinarian that the animal has been spayed or neutered, or a written statement from the veterinarian why the animal cannot or should not be spayed or neutered.

 

(4) Insurance. An owner of a vicious dog must produce evidence that he or she has the ability to respond in damages up to and including the amount of $300,000 for bodily injury to or death of any person or persons or for damage to property that may result from the ownership, keeping, or maintenance of such animal. Proof of financial responsibility may be in the form of a certificate of insurance, or in the form of a surety bond conditioned upon the payment of such damages. If such insurance or surety bond is changed, altered, or terminated after registration of the vicious dog, the owner of such animal shall provide evidence to the city of insurance or surety bond complying with the terms of this provision.

 

(5) Reporting requirements. Every owner of a vicious dog in the city is required to report the following information in writing to an animal control officer:

 

(a) The removal from the city or death of the animal;

 

(b) The birth of offspring of the animal;

 

(c) The new address of the animal if it is relocated within the corporate city limits; or

 

(d) When the animal is running at large, has been stolen, or has attacked a person or another animal.

 

(6) Failure to comply. It shall be unlawful for any owner of a vicious dog in the city to fail to comply with the requirements and conditions set forth in this subchapter. A vicious dog found to be in violation of this subchapter shall be subject to immediate seizure and impoundment. In addition, failure to comply with this subchapter will result in the automatic revocation of the license of such animal.

 

(B) Keeping and maintaining animals and vicious dogs within the city,

 

(1) Manner of keeping dogs and animals. No person shall keep or maintain any dog or other animal in the city in such a manner so as to become a public nuisance or to disturb the peace, comfort, or health of any person residing within the city. The keeping of all animals within the city shall be subject to all pertinent regulations of the state and Logan County Health Department.

 

(2) Vicious dogs to be properly confined or leashed. The owner of a vicious dog shall:

 

(a) When a vicious dog is indoors, secure all means of egress so that the dog may not exit;

 

(b) Leash and muzzle. No person shall permit a vicious dog to go outside of its kennel, pen, or the owner=s property unless such animal is securely restrained with a leash or lead no longer than three feet in length and the leash or lead is physically controlled by a person 18 years of age or

 

 

 

 

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older who is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all such animals on a leash or lead outside of the animal=s kennel, pen, or the owner=s residence must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

 

(c) Chains and tethers. It is prohibited to exclusively restrain a dog or puppy by a fixed‑point chain or tether without adequate food and water.

 

(d) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled, as provided above in this division (B)(2). Such pen, kennel, or structure must have secure sides and a secure top attached to its sides. A fenced‑in yard by itself is insufficient to meet this standard. All structures used to confine such animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground to a depth of no less than two feet. All structures erected to house such animals must comply with all zoning and building regulations, and all such structures must be adequately lighted, ventilated, and be of appropriate size to allow the animal confined therein to move around, and must be kept in a clean and sanitary condition. The house or shelter for the animal shall be totally enclosed within the confinement structure. When being transported, the animal must be muzzled or caged.

 

1. Signs. All owners of vicious dogs shall display on the kennel or pen and also in a prominent place on the premises a sign easily read by the public from adjoining public roads or streets using a sign stating the presence of a vicious dog by both symbol and words.

 

2. Inspection. All owners of vicious dogs shall allow animal control officers and enforcement agents the freedom to inspect the area as necessary to assure that the health and safety needs of the animals and the public are being met.

 

(C) Conditions precedent to vicious dogs being permitted to remain within the city=s territorial limits. Vicious dogs shall not be permitted to remain within the city=s territorial limits unless all of the following conditions are met:

 

(1) The animal is properly registered in the city;

 

(2) The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or personal property;

 

(3) Adequate safeguards are made to prevent unauthorized access to such animal;

 

(4) The health or well being of the animal is not in any way endangered by the manner of keeping or confinement;

 

(5) Keeping of such animal does not constitute a public nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;

 

(6) Keeping of such animal will not create or cause offensive odors or constitute a danger to public health;

 

(7) The quarters in which such animal is kept or confined is adequately lighted and ventilated and are so constructed that it may be kept in a clean and sanitary condition.

 

 

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(D) Police dog exclusion. It is not the intent of this subchapter to prohibit the City of Russellville Police Department, Logan County Sheriff, or other law enforcement agency from using any trained dog that may attack on command, provided that each such dog must be in the presence of its handler or confined at all times in accordance with the policy of such law enforcement agency policy.

 

(E) Miscellaneous exclusions. The provisions of this section shall not apply to the keeping of vicious dogs in the following cases:

 

(1) Keeping of such animals in zoos, bona fide educational or medical institutions, museums, or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction, study, or medicinal uses;

 

(2) Keeping of such animals for exhibition to the public of such animals by a circus, carnival, or other exhibit or show;

 

(3) Keeping of such animals in a bona fide licensed veterinary hospital for treatment or study.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.19 HARBORING FOWL.

 

(A) Subject to the city=s zoning regulations, no person shall own in the city any chicken, duck, guinea, goose, pigeon, or dove, or any species of fowl of the avian or aquatic family for commercial purposes, within 100 feet of any residence therein.

 

(B) No person shall permit any such chicken, duck, guinea, goose, dove, pigeon, or any fowl of the avian or aquatic family to run or be at large within the city. However, the provisions of this section shall not apply to any fowl confined in coops at market places or stores where the fowl is sold for food, except that any fowl kept for sale shall not be permitted to run at large at the place where the fowl is kept for sale, or the owning of pigeons and birds of prey for the purposes of falconry.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.20 SANITARY CONDITIONS REQUIRED.

 

(A) Unless a local zoning ordinance is to the contrary, no person shall be permitted in an area zoned residential to raise poultry or animals for commercial purposes. All persons raising poultry or animals within the city, whether for commercial purposes or otherwise, shall be required to keep them at all times in a clean and sanitary condition and free from obnoxious odors.

 

(B) The premises upon which fowl, rodents, cattle, horses, sheep, or goats are kept shall always be sanitary and subject to inspection and regulation by the animal control officer.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.21 WILD ANIMALS AND EXOTIC ANIMALS PROHIBITED.

 

No person shall own wild animal(s) and/or exotic animal(s) within the jurisdictional boundaries of the city. This prohibition does not apply to zoological parks, properly licensed transient animal

 

 

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exhibits, circuses, licensed veterinarians or licensed caregivers to wild animals, or persons owning birds of prey in compliance with all state and federal regulations.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.22 BREEDING VICIOUS DOGS, EXOTIC AND WILD ANIMALS.

 

The breeding of vicious dogs, exotic animals, and wild animals within the boundaries of the city is strictly prohibited and enforcement agents may impound such animals when they are pregnant or impound any litter these animals may produce. This prohibition shall not apply to person(s) owning and/or breeding birds of prey for the purpose of falconry in compliance with all state and federal regulations.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.23 ANIMAL CARCASSES.

 

(A) The body or part of any animal to be used for human food shall not be transported through any streets, unless it is covered so as to protect it from insects, animals, dust, and dirt.

 

(B) No person shall permit any dead horse, cow, sheep, or other animal carcass to remain within the city longer than a reasonable time for removing or burying the animal carcass.

 

(C) When a dead animal is found in the city, the owner shall promptly and properly bury the animal when notified to do so by an animal control officer or enforcement agent. Where the owner is unknown or neglects or refuses, an animal control officer or enforcement agent, or their designee, shall bury the animal.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.24 INJURING OR POISONING ANIMALS.

 

(A) Any person who accidentally or otherwise strikes an animal with an auto and injures it shall contact the Police Department or animal control officer regarding the injured animal.

 

(B) No person shall willfully or negligently poison any animal.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.25 DISEASED ANIMALS.

 

(A) Every person owning or having any animal under his or her charge within the city which he or she knows or suspects has been affected by any communicable or infectious disease, including but not limited to glanders or anthrax, shall isolate the animal from other animals and shall immediately report the existence or suspected existence of the disease to an animal control officer or enforcement agent.

 

(B) The animal control officer or enforcement agent is authorized, on the evidence of a veterinary surgeon or three disinterested witnesses, that any animal is incurably injured or diseased, to kill, or order the animal to be killed at once.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

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' 90.26 FASTENING ANIMALS TO TREES; IMPOUNDMENT.

 

(A) No person shall at any time fasten any horse or other animal to or around any hydrant, pole, shade tree, or other inanimate object on any street or public ground. Any enforcement agent may impound the animal so fastened until any penalty as may be provided and any expenses reasonably incurred in keeping and caring for the animal are paid. If the fine and charges are not paid within seven days, the animal shall be deemed a stray and treated as provided for in ' 90.35. This section shall not apply to horses participating in the annual Tobacco and Heritage Festival, or other similar city‑sanctioned events.

 

(B) Any person who finds an animal on his or her property to his or her injury or annoyance may:

 

(1) Defend or protect himself against trespassing animals;

 

(2) Remove the animal to the Logan County Humane Society; or

 

(3) Retain possession of the animal and, as soon as possible, notify the Logan County Humane Society or the city animal control officer of this custody, giving a description of the animal and the owner=s name, if known.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.27 DEPOSITING ANIMAL REFUSE IN PUBLIC PLACES.

 

No person shall deposit any dead animal matter, offal, or any solid refuse animal matter in any sewer, watercourse, vacant lot, or pond in the city. The depositing of the refuse animal matter in any such place is declared a public nuisance.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.28 MINIMUM AREA LIMITATIONS.

 

(A) No animal shall be kept on any lot or parcel of land within the city consisting of less than 10,000 square feet in area.

 

(B) The provisions of division (A) above shall not apply to the keeping of:

 

(1) Small household pets, including but not be limited, to dogs and cats; or

 

(2) Animals for commercial purposes, where such use is lawful under the city zoning code.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.29 ANIMALS AT LARGE; IMPOUNDING.

 

(A) The owner of any dog or animal shall keep the dog or animal confined to the premises and property of the owner and shall not allow the dog or animal to run at large, except as provided in this subchapter.

 

 

 

 

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(B) No owner of a dog or other animal shall permit or allow the dog to run or be at large, as defined in ' 90.15, or to go about or on the premises or property of any other person within the city without the permission of the other person.

 

(C) No owner of any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens, or any other animal shall allow these animals to run at large within the city. Herding any such animals or tying it for grazing in any street or other public place shall be deemed running at large within the meaning of this section. To permit any running at large is declared to be a public nuisance and dangerous to the public health and safety.

 

(D) No operator or owner of a meat packing plant or slaughter house or any other facility that receives animals for butchering shall permit these animals the opportunity to escape from the facility. Any owner or operator of such a facility shall cause to be constructed at the facility adequate fences and enclosures and shall supervise the loading or unloading of animals from vehicles to assure that no animals escape from the facility.

 

(E) Any animal let or permitted to run at large in violation of this section shall be impounded at the owner=s expense until the penalty for the violation, any impoundment charges, and any other charges required by this subchapter are paid.

 

(F) Any animal control officer, enforcement agent, or other officer designated by the city is authorized to capture and impound any animal found at large in accordance with this chapter.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.30 PLACE OF IMPOUNDMENT.

 

(A) Any dog or animal seized or captured pursuant to this subchapter may be impounded at the Logan County Humane Society.

 

(B) The city may by resolution enter into a contract with any other Humane Society in the city, county or state, or other similar association, not organized for pecuniary profit as pound keeper, for the collection, keeping for redemption, and destruction of all animals found in the city and impounded in accordance with the provisions of this subchapter.

 

(C) The animal control officer or enforcement agent may seize and take into custody and impound, or cause to be taken into custody and impounded the following:

 

(1) Any dog or animal off the premises of the owner which official or his or her agent have reason to believe is a stray dog;

 

(2) Any female dog in heat off the premises of the owner;

 

(3) Any dog or animal that is permitted to run at large within the city contrary to ' 90.29; and

 

(4) Any vicious dog found to be in violation of ' 90.18(A) or (B).

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

 

 

 

 

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' 90.31 DISPOSITION OF UNREDEEMED ANIMALS.

 

When a dog or animal has been impounded and has not been redeemed by his or her owner, the Logan County Humane Society, or any person authorized under ' 90.30 to do so, may cause the dog or animal to be sold or destroyed in a humane manner.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.32 INTERFERENCE WITH IMPOUNDING OF ANIMALS.

 

No person shall willfully prevent or obstruct the impounding of any animal violating any of the provisions of this subchapter, or shall take any animal out of the Logan County Humane Society without the consent of the person in charge of the facility, or shall knowingly impound or attempt to impound any animal not legally liable to impoundment.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.33 VICIOUS DOG REGISTRATION AND REGULATIONS.

 

(A) All vicious dogs, six months of age or older, owned, kept, harbored, or maintained in the city shall be licensed and registered with the city.

 

(B) Licenses shall be issued by the city Code Enforcement Officer upon submittal of application, proof of insurance as provided in ' 90.18(A)(3).

 

(C) The owner shall state at the time the application is made for the license, upon forms provided for such purpose by the city Code Enforcement Officer, the owner=s name and address and the name, breed, color, and sex of each vicious dog owned or kept by him or her and provide proof of rabies vaccination.

 

(D) Upon receipt of the properly executed application(s), proof of insurance and payment of the license fee, the city shall issue to the owner a license certificate for each vicious dog so licensed.

 

(E) A vicious dog license shall not be transferable from one dog to another and no refunds shall be made on any license fee because of death of the vicious dog or the owner leaving the city before the expiration of the license period.

 

(F) If there is a change of owners of a vicious dog during the license period, the new owner may have the current registration transferred to his or her name upon payment of a transfer fee of $1 and proof of insurance.

 

(G) The registration and license period provided for herein shall be on an annual basis with each license to be renewed on anniversary date of issue.

 

(H) The provisions of this subchapter shall not apply to dogs brought into the city for the purpose of participating in any bona fide dog show, or to Aseeing eye@ dogs properly trained to assist blind persons when the dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

 

(I) All vicious dogs that are brought into the city, except as provided in (H) above, shall be registered and licensed as herein provided if the animals remain in the city for more than 24 hours.

 

 

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(J) The licensing and registration herein required shall be in addition to all licenses, registrations, and vaccination requirements of the state or county by law or regulation.

 

(K) Any vicious dog whose owner does not possess a vicious dog license as herein required shall prima facie evidence that the dog is unlicensed and unregistered, and in any proceeding under this subchapter, the burden of proof of the fact that a dog has been licensed and registered shall be on the owner of the dog.

(Ord. 2006-01, passed 4-4-06)

 

 

' 90.34 ANIMAL CONTROL OFFICER OR ENFORCEMENT AGENT TO TAKE POSSESSION; ENTRY ON PRIVATE PROPERTY.

 

(A) Any vicious dog found at large within the city and whose owner is not readily ascertainable, or any dog or animal found in violation of the provisions of this subchapter may be taken into custody by an animal control officer or enforcement agent.

 

(B) An animal control officer or enforcement agent shall have specific authority to enter upon private property for the purpose of inspecting or checking vicious dogs to determine if they are properly licensed by the city, or for taking into custody any unlicensed vicious dog found at large within the city, or any vicious dog found upon the property of another, other than the owner of the vicious dog.

 

(C) An animal control officer or enforcement agent may use any reasonable means and force necessary to take control and possession of vicious dogs and animals violating this subchapter, including, but not limited to, using tranquilizer guns or devices. An animal control officer or enforcement agent shall not be liable, either civilly or criminally, for dogs or animals that are unintentionally injured or killed in the process of taking control or possession of the animals as provided herein.

(Ord. 2006-01, passed 4-4-06)

 

 

' 90.35 IMPOUNDING.

 

(A) All vicious dogs and animals taken into custody by an animal control officer or enforcement agent, as provided in ' 90.34, shall be impounded at the Logan County Humane Society, except as provided in division (B) below.

 

(B) If the vicious dog is found on the premises of its owner, but is unlicensed by the city or state or at large, the Code Enforcement Officer, animal control officer or enforcement agent may, in his or her discretion, not impound the dog, but in lieu thereof, issue a notice of violation and/or a citation on a form provided by the Code Enforcement Board of the City of Russellville to the owner for owning an unlicensed vicious dog or animal and/or permitting the dog or animal to be at‑large.

 

(C) All dogs and animals impounded shall be handled or disposed of by state law, as provided by KRS Chapter 258 and ' 90.31.

 

(D) No dog or animal impounded by an animal control officer or enforcement agent shall be released to its owner without authority from the City of Russellville Code Enforcement Officer, or the Mayor.

 

 

 

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(E) If, by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer, or enforcement agent shall immediately, upon impoundment, notify the owner by telephone or mail. An owner reclaiming an impounded dog or animal shall pay the required fee imposed by the Logan County Humane Society or other impounding authority and shall comply with any other requirements of the Logan County Humane Society or this subchapter before the dog or animal can be released, including but not limited to, the spaying and neutering of a vicious dog.

 

(F) Any dog or animal seized by an animal control officer or enforcement agent shall be impounded for a minimum five days, and if not claimed by the owner by such time, shall become the property of the Logan County Humane Society. Such animal may be placed for adoption in a suitable home or humanely euthanized.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.36 INTERFERENCE WITH ANIMAL CONTROL OFFICER OR ENFORCEMENT AGENT.

 

It shall be unlawful for any person to interfere with, molest, hinder, or prevent an animal control officer or enforcement agent of this city in the discharge of his or her duties as prescribed in this subchapter.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.37 STRAY DOGS.

 

Any person who picks up a stray dog shall immediately notify and turn the dog over to the Logan County Humane Society or animal control officer. No person shall harbor or hold for reward or procure a license for a dog which has strayed upon his or her premises or which has been picked up on a public street, highway, or other public place unaccompanied by its owner or other person, or which has been stolen from its owner.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.38 FEMALE DOGS IN HEAT.

 

Female dogs in heat found running at large shall be seized and impounded, and shall not be released except on approval of an animal control officer and payment of the required fees to the Logan County Humane Society.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.39 DOGS AND ANIMALS THAT HAVE ATTACKED OR BITTEN.

 

(A) An animal control officer, or enforcement agent may serve notice upon the owner or person in charge of a dog or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten the person.

 

(B) The owner or person in charge of an animal which has attacked or bitten a person shall permit the animal control officer or enforcement agent to examine the animal at any reasonable time,

 

 

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and daily if desired, within a period of ten days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.

 

(C) Whenever a dog or other animal is affected by rabies or suspected of being affected by rabies, or has been bitten by an animal known or suspected to be affected with rabies, the owner or person in charge of the dog or animal or any person having knowledge thereof, shall immediately notify either an animal control officer, or the city police.

 

(D) Every physician shall immediately after his or her first professional attendance upon any person bitten by a dog or other animal, report to an animal control officer, or the city police, the name, age, sex, race, and precise location of the person so bitten. When a physician is not in attendance of a person bitten by an animal, then any person in charge of or in control of or responsible for the person bitten shall report the incident to the police, an animal control officer and provide the same information as set out herein.

 

(E) An animal control officer, or the city police shall serve a notice, in writing, upon the owner of a dog or other animal known or suspected to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner or person in charge of the animal to confine it for a period of not less than six months.

 

(F) Whenever the police or an animal control officer has reason to believe that a danger exists that rabies may spread within the city, the officials shall serve a notice in writing upon all persons owning or having charge of any animal requiring the person to confine the animal or, the authorities, in lieu of serving a notice in writing, may cause a notice to be published in the official newspaper of the city. Other animals may be included in the order whenever, in the opinion of the officials, this is necessary.

 

(G) Whenever the state or local health department has knowledge that any case of rabies exists among dogs or other domestic animals within the state, and in its judgment the disease is liable to spread, the state or local health department may issue an order requiring either the police, the Animal Shelter, or an animal control officer to order animals confined as provided in this section, and to cause the enforcement of these provisions by appropriate proceedings either in law or equity.

 

(H) An animal confined under the order of either the police or an animal control officer shall not be released until a certificate of release has been issued by the official who ordered the confinement.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.40 POWERS OF ENFORCEMENT AGENTS OR ANIMAL CONTROL OFFICER.

 

Nothing in this subchapter shall be construed to conflict with any of the powers or authority of enforcement agents, including police officers, or animal control officers conferred by the provisions of state law.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.41 REMOVAL OF DOG EXCREMENT.

 

No person shall allow a dog under his or her control to be upon public property or upon the property of another, absent the consent of the owner or occupant of the property, without some

 

 

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device for the removal and containment of the dog=s excrement; nor shall any person fail to remove any excrement deposited by any dog under his or her control on public or private property. This section shall not apply to guide dogs under the control of a blind person.

(Ord. 2006-01, passed 4-4-06) Penalty, see ' 90.99

 

 

' 90.42 DOGS PROHIBITED AT PUBLIC EVENTS.

 

(A) It shall be unlawful for any person to bring any dog, leashed or unleashed, to any public event held in the City of Russellville, Kentucky. PUBLIC EVENT shall include, but shall not be limited to, Tobacco and Heritage Festival; Flying Fish Festival; August 8th Celebration; or any other large gathering of people brought together to celebrate a public event which requires a permit from the city.

 

(B) Exceptions. This section shall not apply to dogs trained and being used to assist the blind; police dogs on duty for law enforcement authorities; dogs officially entered into an event, or taking part in an event; provided, however, that a dog shall only be allowed one hour prior to the event, and once a dog is no longer participating in an event, it shall be removed so as to comply with this section.

(Ord. 2004-10, passed 9-21-04) Penalty, see ' 90.99

 

 

 

' 90.99 PENALTY.

 

(A) Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of a violation and shall be fined not more than $250 for each offense. Each day the violation exists shall constitute a separate offense.

 

(B) Any person who violates ' 90.03 shall be guilty of a misdemeanor and shall be fined not more than $500, imprisoned for not more than 12 months, or both for each offense.

(KRS 525.130)

 

(C) Any person who violates ' 90.04 shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500. (KRS 436.600)

 

(D) (1) Any person violating any provision of '' 90.15 through 90.41 for which another penalty is not provided, shall be deemed guilty of a misdemeanor and be fined not more than $500 or imprisoned for not more than six months, or both.

 

(2) Any person violating ' 90.18(B) shall be deemed guilty of a Class B Misdemeanor and shall be fined not more than $250 or imprisoned for not more than 90 days, or both, for the first violation, and shall be deemed guilty of a Class A Misdemeanor and fined not more than $500 or imprisoned for not more than one year or both, for each subsequent violation. Each day of violation shall constitute a separate offense.

 

(3) Any person violating the provisions of ' 90.21 shall be deemed guilty of a misdemeanor and shall be fined not less than $250 nor more than $500.

 

(4) Any person violating the provisions of ' 90.29 shall be deemed guilty of a violation and shall be fined not less than $50 nor more than $100.

 

 

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(5) Any person violating the provisions of ' 90.33 shall be deemed guilty of a misdemeanor and shall be fined not less than $50, nor more than $100 for the first violation, and not less than $100 nor more than $500 for each subsequent violation thereof.

 

(6) Whoever violates ' 90.41 shall be deemed guilty of a violation and shall be fined $50.

 

(7) Civil penalties. Violation of any provision of '' 90.15 through 90.41 is a civil offense. The maximum civil penalty that may be imposed is $250 for each offense, and each day any such provision is violated may be considered a separate offense. If one who violates any such provision does not contest a citation, then the penalty for such violation shall be $50, and each day such provision is violated may be considered a separate offense.

 

(8) The Code Enforcement Board of Russellville, Kentucky is granted concurrent jurisdiction to decide all cases based on a citation issued by the Code Enforcement Officer for violation of any provision of '' 90.15 through 90.41.

 

(9) In order to assist in enforcement of '' 90.15 through 90.41, the Code Enforcement Board may authorize the City Attorney of Russellville to file a legal action to collect fines, foreclose on judgment liens, and to seek injunctive relief against a violator who fails to comply with the terms of those sections.

 

(E) Any person found to be violating ' 90.21 shall be subject to a fine of not less than $25 nor more than $100, and law enforcement shall have the authority to remove the dog from the public area; if the owner cannot be found, the dog shall be taken to the Humane Society, and may be retrieved by the owner at the owner=s expense.

(Ord. 2004-10, passed 9-21-04; Am. Ord. 2006-01, passed 4-4-06)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 91: STREETS AND SIDEWALKS

 

 

Section

 

Excavations and Construction

 

91.01 Opening permit required

91.02 Application and cash deposit

91.03 Restoration of pavement

91.04 Barriers around excavations

91.05 Warning lights

91.06 Sidewalk construction

91.07 Abutting owners to keep sidewalks in good repair

 

Road and Bridge Projects

 

91.15 Public hearing required

91.16 Notice requirements

91.17 Public may testify; effect of testimony

91.18 Hearing to be held prior to construction

91.19 Separate hearing for each project not required

91.20 Exemptions from hearing requirement

 

Obstructions

 

91.30 Unloading on street or sidewalk

91.31 Street and sidewalk obstruction

91.32 Materials on street or sidewalk

91.33 Removal of ice and snow

 

91.99 Penalty

Cross-reference:

Depositing garbage on streets and sidewalks prohibited, see ' 50.02

Property numbering system, see Chapter 153

 

 

EXCAVATIONS AND CONSTRUCTION

 

 

' 91.01 OPENING PERMIT REQUIRED.

 

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

Penalty, see ' 91.99

 

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' 91.02 APPLICATION AND CASH DEPOSIT.

 

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

 

 

' 91.03 RESTORATION OF PAVEMENT.

 

(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations, and specifications approved by the City Council.

 

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

 

 

' 91.04 BARRIERS AROUND EXCAVATIONS.

 

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

Penalty, see ' 91.99

 

 

' 91.05 WARNING LIGHTS.

 

Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at, or near each end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.

Penalty, see ' 91.99

 

 

' 91.06 SIDEWALK CONSTRUCTION.

 

It shall be the duty of the authorized city official to supervise construction or repair of sidewalks

 

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

 

 

' 91.07 ABUTTING OWNERS TO KEEP SIDEWALKS IN GOOD REPAIR.

 

(A) All owners, or agents of owners with business, commercial, or industrial property, including but not limited to business, commercial, or industrial property as an exception or variance within other areas abutting or fronting upon any plaza, street, or alley within the corporate limits of the city are required to keep public sidewalks immediately abutting their property in good order and repair. Each such owner shall be liable to the city for all losses to or recovery from the city, and shall hold the city harmless from the losses or recoveries from the city, for damages to persons or property of others caused by his or her failure or that of his or her agents to repair and keep in good order and reasonably safe condition such sidewalks abutting and fronting his or her property upon any plaza, street, or alley within the corporate limits of the city.

 

(B) The city may, at its discretion, through its duly authorized Building Official, notify such owner that repairs are necessary to put such sidewalk in good order, but this notice shall not relieve the owner or agent of the owner from the obligation herein required to keep the sidewalks in good order and repair, without notice or to be liable to the city for all losses to the city or recovery from the city, or to hold the city harmless from such losses or recoveries from the city, and such owner or agent shall, within ten days after such notification, under the supervision of the duly authorized Building Official of the city, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the city may repair same and the owner shall be liable to the city for the cost of the repairs.

 

(C) A permit shall be required to make repairs required by this section. However, there will be no charge for such a permit.

 

(D) (1) City Sidewalk Committee.

 

(a) A City Sidewalk Committee is hereby created, and it shall consist of two City Council members, the Superintendent of the Street Department and a resident from within the citizenry of the City of Russellville.

 

(b) The Mayor of the City of Russellville shall appoint the members to the Sidewalk Committee, subject to the approval of the City Council.

 

(c) The City Sidewalk Committee shall prepare a list and a map of all sidewalks within the city limits and shall also prepare a report that evaluates the condition of these sidewalks, estimates the cost of repairs and/or replacement and determine the priority required for each.

 

(d) Upon completion of this listing and report, it shall be submitted to the City Council, which shall make budgetary decisions to appropriate the funds necessary and available for repairs and/or replacement, according to the priority assigned by the Sidewalk Committee.

 

 

 

 

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(e) The city shall make such repairs that are required based on the available funds and the assigned priority. The city shall provide the necessary labor and concrete to make the required repairs.

 

(f) Prior to making any repairs, the Committee shall send the abutting property owner a letter advising of the required repairs, the schedule for repairs and estimated cost. If the abutting property owner wishes to add to or change the scope of repairs he or she should notify the Committee prior to the scheduled repair date.

 

(g) Should the abutting property owner fail to pay the bill submitted for these repairs by the scheduled date, the city may place an assessment on the property tax bill of the abutting property owner to collect the amount owed to the city.

 

(2) Historic brick sidewalks.

 

(a) HISTORIC BRICK SIDEWALKS are those sidewalks of brick composition and which are located at, or within, Second to Ninth Streets, and at, or within, Caldwell to Nashville Streets.

 

(b) 1. In the case of historic brick sidewalks, it shall be the intention of the city and the Sidewalk Committee to preserve, wherever possible and practicable, the integrity of historic property, as defined in the Secretary of the Interior=s Guidelines and Standards for Rehabilitation, and further defined in the National Park Service Standards for Preservation (Technical Preservation Service for Historic Buildings).

 

2. When the abutting owner of property having a historic brick sidewalk within the historic district requests, in writing, for the city or the Sidewalk Committee to preserve a historic brick sidewalk, the requesting abutting property owner shall agree to pay the full cost and expense of renewing, repairing and maintaining the historic brick sidewalk and has to provide a schedule for repairs. The abutting property owner will receive a credit on the repair bill for the estimated cost of labor and concrete, for otherwise replacing the brick sidewalk with a concrete sidewalk. The abutting property owner of a historic brick sidewalk shall submit for approval to the city a schedule of the repairs, replacement and maintenance. Such repairs shall be effectuated in accordance with the guidelines set forth in ABrick Sidewalk Repair@ by Gary Kleier, found at http://www.oldlouisville.com/circa1900/brick-sidewalk-repair.htm.

 

(c) If the owner of the property abutting an unsafe historic brick sidewalk does not desire for the historic brick sidewalk to be preserved, the abutting property owner shall notify the City of Russellville, in writing, of such intentions within 30 days of first receiving notification of the impending repairs. Such acquiescence will include a statement from the abutting property owner to have the brick removed and replaced with concrete.

 

(3) Guidelines for deeming brick, slab or block sidewalks Aunsafe.@ The items below are those that help determine whether a sidewalk is unsafe and needs repairs or replacement:

 

(a) Any brick, slab or block having a crack of more than one-half inch wide;

 

(b) Adjoining bricks, slabs or blocks or portions thereof, whose edges differ vertically by more than one-half inch;

 

(c) Brick, slabs or blocks that have holes in them one-half inch or larger in diameter or are cracked and broken so that pieces are missing or loose;

 

 

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(d) Bricks, slabs or blocks having depressions, reverse cross-slope (sloping away from the street);

 

(e) Bricks, slabs or blocks that cause a change in longitudinal grade of the sidewalk or more than three inches in five feet;

 

(f) Brick, slabs or blocks where the surface has broken away exposing a very rough surface of coarse stone (spalling);

 

(g) Brick, slabs or block where roots have damaged and lifted the sidewalk that causes longitudinal grade of the walkway of more than three inches in five feet.

(Ord., passed 6-4-74; Am. Ord. 2005-19, passed 11-22-05)

 

 

 

ROAD AND BRIDGE PROJECTS

 

 

' 91.15 PUBLIC HEARING REQUIRED.

 

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

(KRS 174.100)

 

 

' 91.16 NOTICE REQUIREMENTS.

 

Not less than 45 days before the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall hold a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city. Notice of the hearing shall be given not less than seven days nor more than 21 days before the scheduled date of the public hearing and before beginning work on any project covered by this subchapter. (KRS 174.100(1))

 

 

' 91.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.

 

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

 

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

(KRS 174.100(2), (3))

 

 

' 91.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.

 

The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held.

(KRS 174.100(4))

 

2009 S-13

 

12-2 Russellville - General Regulations

 

 

' 91.19 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.

 

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

(KRS 174.100(5))

 

 

' 91.20 EXEMPTIONS FROM HEARING REQUIREMENT.

 

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

 

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

(KRS 174.100(6), (7))

 

 

 

OBSTRUCTIONS

 

 

' 91.30 UNLOADING ON STREET OR SIDEWALK.

 

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

Penalty, see ' 91.99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S-13

 

Streets and Sidewalks 13

 

 

' 91.31 STREET AND SIDEWALK OBSTRUCTION.

 

No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.

Penalty, see ' 91.99

 

 

' 91.32 MATERIALS ON STREET OR SIDEWALK.

 

No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.

Penalty, see ' 91.99

Cross‑reference:

Littering on streets or sidewalks, see Ch. 94

 

 

' 91.33 REMOVAL OF ICE AND SNOW.

 

It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, accumulated thereon within a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.

Penalty, see ' 91.99

 

 

 

' 91.99 PENALTY.

 

(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be, upon conviction, guilty of a violation and fined not more than $250.

 

(B) Any owner or agent of the owner failing to comply with the provisions of ' 91.07 shall, upon conviction, be guilty of a violation and fined not less than $10 or more than $50, and each day such failure continues shall be a separate violation. (Ord., passed 6‑4‑74)

 

 

 

 

 

 

 

 

 

 

 

 

 

1995 S‑5

 

14 Russellville ‑ General Regulations

 

 

CHAPTER 92: NUISANCES

 

 

Section

 

92.01 Definitions

92.02 Common law and statutory nuisances

92.03 Certain conditions declared a nuisance

92.04 Abatement procedure

92.05 Nuisance created by others

92.06 Suspension of license

 

92.99 Penalty

 

 

' 92.01 DEFINITIONS.

 

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

 

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

 

INOPERATIVE CONDITION. Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.

 

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

 

NUISANCE. Public nuisance.

 

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

 

TRASH or REFUSE. Includes all unclean and useless material which is discarded and would otherwise tend to menace health, obstruct the streets and sidewalks, and detract from the appearance of the property including, but not limited to, such items as waste paper, cardboard, ashes, metal cans, and bottles. (Ord. 85-12, passed 10-8-85)

 

UNFIT FOR FURTHER USE. In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.

 

15

 

16 Russellville - General Regulations

 

 

' 92.02 COMMON LAW AND STATUTORY NUISANCES.

 

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

Penalty, see ' 92.99

 

 

' 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.

 

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

 

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

 

(B) Accumulation of trash, refuse, or debris. The keeping of trash, refuse, and debris of any description on any vacant lot or other property. (Ord. 85-12, passed 10-8-85)

 

(C) Placement of garbage or trash in city creek. Throwing, placing, or putting garbage, trash, waste, junk, grass, leaves, bottles, tree limbs, cans, papers, and any other obnoxious items in the city creek within the corporate limits of the city. (Ord., passed 10-2-62)

 

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

 

(E) Weeds and grass. The growth of weeds, grass, or other vegetation to a height of 12 inches or more, except that which is grown for agricultural purposes. (Ord. 85-12, passed 10-8-85)

 

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

 

(G) Stagnant water. Permitting ponds, pools, or other bodies of stagnant water to remain on any property, or failing to properly drain any body of stagnant water when notified to do so by the County Health Officer or the Chief of Police.

 

(H) Trees and shrubbery obstructing streets, sidewalks, and drainage. The growing and maintenance of trees or shrubbery which in any way interferes with the use, construction, or maintenance of streets or sidewalks, causes injury to streets or sidewalks, or constitutes an obstruction to drainage.

 

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

 

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

Penalty, see ' 92.99

 

Nuisances 17

 

 

' 92.04 ABATEMENT PROCEDURE.

 

(A) It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance, health hazard, or source of filth to develop thereon.

 

(B) Whenever a nuisance situation is discovered, the authorized city official shall give five days= written notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the authorized city official is authorized to send employees upon the property to remedy the situation.

 

(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the authorized city official shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the annual rate established by the City Council from time to time until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceeding. In addition to this remedy or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.

Statutory reference:

Nuisance abatement with respect to motor vehicles, see KRS 381.770

 

 

' 92.05 NUISANCE CREATED BY OTHERS.

 

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

 

 

' 92.06 SUSPENSION OF LICENSE.

 

(A) Whenever it is brought to the attention of the City Council that a nuisance exists and the City Council deems that there is an immediate threat to the public health, safety, welfare, the City Council may by majority vote suspend the license of any person conducting business upon the premises where the nuisance exists.

 

(B) The City Clerk shall cause notice of the suspension to be served personally upon the licensee or at the premises where the nuisance exists.

 

(C) Upon application of the licensee, the City Council may remove the suspension upon such terms as it may direct.

 

 

 

2009 S-13

 

18 Russellville - General Regulations

 

 

' 92.99 PENALTY.

 

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and fined not more than $500 for each offense. Each day=s continued violation shall constitute a separate offense.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1993 S-4

 

CHAPTER 93: FIREWORKS; FIRE PREVENTION

 

 

Section

 

Fireworks

 

93.01 Definitions; legality of items

93.02 Sale or use prohibited; exception for public display

93.03 Bond or liability insurance requirement

93.04 Exempted sales and uses

93.05 Destruction of fireworks

 

Fire Prevention

 

93.20 Blasting permit

93.21 Storage of flammables and other matter

93.22 Open burning prohibited

 

93.99 Penalty

Cross‑reference:

Burning of garbage, see ' 50.03

 

 

FIREWORKS

 

' 93.01 DEFINITIONS; LEGALITY OF ITEMS.

 

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

 

(1) Exception number 1: Toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times.

 

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

 

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

(KRS 227.700)

 

(B) COMMON FIREWORKS are fireworks suitable for use by the public and designed primarily to produce visible effects by combustion and must comply with the construction, chemical composition, and labeling regulations of the U. S. Consumer Products Safety Commission. The types, sizes, and

 

 

 

 

1993 S‑4 19

 

20 Russellville ‑ General Regulations

 

 

amount of pyrotechnic contents of these devices are limited as enumerated in this chapter. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. COMMON FIREWORKS are classified as class C explosives by the U.S. Department of Transportation and include the following:

 

(1) Ground and hand‑held sparkling devices.

 

(a) Dipped stick‑sparkler. Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with DOT regulations.

 

(b) Cylindrical fountain. Cylindrical tube not more than three‑fourths inch (19 millimeters) inside diameter, containing up to 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand‑held (handle fountain).

 

(c) Cone fountain. Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.

 

(d) Illuminating torch. Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base, or hand‑held.

 

(e) Wheel. Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six "driver" units: tubes not exceeding one‑half inch (12.5 millimeters) inside diameter and containing up to 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.

 

(f) Ground spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.

 

(g) Flitter sparkler. Narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.

 

(2) Aerial devices.

 

(a) Sky rocket. Tube not exceeding one‑half inch (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight.

 

(b) Missile‑type rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.

 

1993 S‑4

 

Fireworks; Fire Prevention 21

 

 

(c) Helicopter, aerial spinner. A tube not more than one‑half inch, (12.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.

 

(d) Roman candles. Heavy paper or cardboard tube not exceeding three‑eights inch, (9.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to ten stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.

 

(e) Mine, shell. Heavy cardboard or paper tube up to two and one‑half inches (63.5 millimeters) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, stars, firecrackers, or other devices are propelled into the air. The tube remains on the ground.

 

(3) Audible ground devices.

 

(a) Firecrackers, salutes. Small paper‑wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light is produced.

 

(b) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.

 

(4) Combination items. Firework devices containing combinations of two or more of the effects described in categories (1), (2), and (3) above.

(KRS 227.702)

 

(C) Items listed below are classified as NOVELTIES and TRICK NOISEMAKERS and are not classified as common fireworks by the U.S. Department of Transportation.

 

(1) Snake, glow worm. Pressed pellet of pyrotechnic composition that produces a large, snake‑like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.

 

(2) Smoke device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

 

(3) Wire sparkler. Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.

 

(4) Trick noisemaker. Item that produces a small report intended to surprise the user. These devices include:

 

(a) Party popper. Small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.

 

(b) Booby trap. Small tube with string protruding from both ends, similar to a party

 

22 Russellville ‑ General Regulations

 

 

popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.

 

(c) Snapper. Small, paper‑wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes producing a small report.

 

(d) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.

 

(e) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.

 

(f) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding 50 milligrams may also be used to produce a small report. A squib is used to ignite the device.

(KRS 227.704)

 

(D) The term SPECIAL FIREWORKS shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, firecrackers containing more than two grains (130 milligrams) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as common fireworks. Special fireworks are classified as class B explosives by the U.S. Department of Transportation.

(KRS 227.706)

 

(E) Legality of items.

 

(1) Items described in division (B)(1) above are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.

 

(2) Items described in divisions (B)(2), (B)(3), and (D) are not legal for retail sale but are legal under permits granted pursuant to this chapter for the purposes specified in this chapter for public displays and may be sold at wholesale as provided in this chapter.

 

(3) Items described in division (C) are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.

 

(4) Age requirement. No person or business shall give, offer for sale, or sell any common fireworks listed in KRS 227.702 to any person under sixteen (16) years of age.

(KRS 227.708)

 

 

' 93.02 SALE OR USE PROHIBITED; EXCEPTION FOR PUBLIC DISPLAY.

 

No person, firm, co‑partnership, or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell, possess, use, or explode, any fireworks except as follows:

 

 

1996 S‑6

 

 

Fireworks; Fire Prevention 23

 

 

(A) The Chief of the Fire Department or other authorized city official may grant permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations or groups of individuals. Every such display shall be handled by a competent operator to be approved by the public official by whom the permit is granted, and shall be of such character, and so located, discharged or fired as in the opinion of the official, after proper inspection, shall not be hazardous to property or endanger any person. Permits shall be filed with the office of the State Fire Marshal at least 15 days in advance of the date of the display. After this privilege is granted, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this subsection shall be transferable. For the purposes of this subsection, Apublic display of fireworks@ shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.

 

(B) The sale, at wholesale, of any fireworks for supervised displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco, and Firearms if the sale is to a person holding a display permit as outlined in subsection (A) of this section. The permit holder shall present the permit along with other verifiable identification at the time of sale.

 

(C) The sale, at wholesale, of any kind of fireworks by any resident manufacturer, wholesaler, dealer, or jobber, provided the fireworks are intended for shipment directly out of state in accordance with regulations of the U.S. Department of Transportation.

 

(D) The sale, and use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use.

 

(E) The use of fuses and railway torpedoes by railroads.

 

(F) The sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purpose in athletics or sports.

 

(G) The use of any pyrotechnic device by military organizations.

 

(H) The use of fireworks for agricultural purposes under the direct supervision of the U.S. Department of the Interior or any equivalent or local agency.

 

(I) The sale of common fireworks as permitted by KRS 227.715.

(KRS 227.710) Penalty, see ' 93.99

 

 

' 93.03 BOND OR LIABILITY INSURANCE REQUIREMENT.

 

No permit shall be issued under ' 93.02 unless the applicant shall give bond or evidence of liability insurance deemed adequate by the official to whom application for the permit is made, in a sum not less than $1,000,000. However, the appropriate city official or the State Fire Marshal may require a larger amount if in their judgment the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his agents, employees or subcontractors.

(KRS 227.720) Penalty, see ' 93.99

 

 

 

 

 

2004 S‑12

 

 

24 Russellville ‑ General Regulations

 

 

' 93.04 EXEMPTED SALES AND USES.

 

Nothing in this chapter shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry, or gold star producing sparklers, which contain no magnesium or chlorate, toy snakes which contain no mercury, smoke novelties and party novelties, which contain less than twenty‑five hundredths of a grain of explosive mixture, or shells or cartridges, used as ammunition in firearms, or blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the sale of any kind 0f fireworks provided the same are to be shipped by the seller directly out of the state.

(KRS 227.730)

 

 

' 93.05 DESTRUCTION OF FIREWORKS.

 

The State Fire Marshal shall seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. All fireworks held, possessed, or used in violation of this chapter shall be destroyed as contraband.

(KRS 227.750)

 

 

FIRE PREVENTION

 

 

' 93.20 BLASTING PERMIT.

 

No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the authorized city official. The authorized city official, before granting such permit may require the applicant to provide a bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting.

Penalty, see ' 93.99

 

 

' 93.21 STORAGE OF FLAMMABLES AND OTHER MATTER.

 

(A) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.

 

(B) Waste paper, ashes, oil rags, waste rags, excelsior, or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials.

 

(C) No matter shall be stored or arranged in a manner which impedes or prevents access to or exit from any premises in case of fire.

Penalty, see ' 93.99

 

 

 

 

1996 S‑6

 

 

Fireworks; Fire Prevention 24‑1

 

 

' 93.22 OPEN BURNING PROHIBITED.

 

(A) Subject to division (B) below, the burning of leaves, yard trimmings and household rubbish is hereby prohibited within the city limits.

 

(B) Any person desiring to burn natural growth, limbs and brush on his or her property may lawfully do so only be entering into a Acontrolled burn agreement@ with the City of Russellville, the model contract of which is attached to Ordinance No. 2008‑17, incorporated herein by reference and made a part hereof as if fully rewritten herein.

(Ord. 92‑19, passed 11‑9‑92; Am. Ord. 2008-17, passed 10-21-08) Penalty, see ' 93.99

 

 

' 93.99 PENALTY.

 

(A) Any person violating the provisions of '' 93.02 or 93.03, the regulations issued thereunder or any order issued thereunder, or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be guilty of a misdemeanor and shall be fined not more than $1,000, or imprisoned for not more than 30 days, or both.

(KRS 227.990(4))

 

(B) Any person who violates any other provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500.

(KRS 227.900(4))

 

(C) (1) Violation of ' 93.22 is a civil offense. The maximum civil penalty that may be imposed is $250 for each offense, and each day that section is violated may be considered a separate offense. If one who violates that section does not contest a citation, then the penalty for such violation shall be $250, and each day that section is violated may be considered a separate offense.

 

(2) The Code Enforcement Board of the city is granted concurrent jurisdiction to decide all cases based on a citation issued by a Code Enforcement Officer for violation of ' 93.22.

 

(3) In order to assist in enforcement of ' 93.22, the Code Enforcement Board may authorize the City Attorney of the city to file a legal action to collect fines, foreclose on judgement liens, and to seek injunctive relief against a violator who fails to comply with the terms of ' 93.22.

(Ord. 2003-19, passed 11-18-03; Am. Ord. 2008-17, passed 10-21-08)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S‑13

 

24‑2 Russellville ‑ General Regulations

 

CHAPTER 94: LITTER CONTROL

 

 

Section

 

94.01 Definitions

94.02 Use of dumpsters

94.03 Placing refuse in buildings prohibited

94.04 Placing refuse or litter on property of others

94.05 Private dwellings

94.06 Distribution of handbills and advertising circulars

94.07 Outdoor events

94.08 Food establishments

94.09 Loading and unloading docks

94.10 Disposal of litter on construction and demolition sites

94.11 Throwing litter from vehicle

94.12 Placing refuse in streams or sewers

94.13 Vacant lots

94.14 Enforcement

 

94.99 Penalty

 

 

' 94.01 DEFINITIONS.

 

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

 

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 chapter.

 

REFUSE. All putrescible and nonputrescible solid waste, except body waste, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and market and industrial wastes.

 

TREE LIMBS AND DEBRIS. Any and all limbs, branches and any debris relating to trees, shrubs or bushes.

(Ord. 85-15, passed 10-22-85; Am. Ord. 2008-14, passed 9-2-08)

 

 

' 94.02 USE OF DUMPSTERS.

 

(A) All refuse placed in dumpsters by commercial and industrial establishments shall be placed in such a way that the dumpster shall not overflow, and the refuse so deposited shall not circulate freely in the environment.

 

25

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26 Russellville - General Regulations

 

 

(B) There shall be no burning of refuse in or around or scavenging from dumpsters, nor shall refuse be deposited outside of publicly maintained dumpsters.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.03 PLACING REFUSE IN BUILDINGS PROHIBITED.

 

It shall be unlawful for any person to place, leave, dump, or permit to accumulate any refuse in any building or on any property in such a way that it shall or may afford food or harborage for rodents, create a health hazard, or cause a public nuisance.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.04 PLACING REFUSE OR LITTER ON PROPERTY OF OTHERS.

 

(A) All persons shall insure that any refuse within their control is disposed of so as not to be placed upon public property or the property of others. Refuse, as used herein, includes but is not limited to such items such as food and drink containers, tobacco items, and other personal use items.

 

(B) If an object of litter is deposited upon another=s property without his or her permission or upon any public area, bearing a person=s name indicative of ownership, that shall be prima facie evidence that the person whose name appears on the object has thrown, dumped, or deposited it there.

 

(C) No person shall throw or deposit litter upon any premises other than his or her own or upon any public place within the city except in public receptacles or authorized private receptacles.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.05 PRIVATE DWELLINGS.

 

(A) As a service to the citizens of Russellville, the Street Department will pick up natural materials such as tree limbs and brush. It will also pick up yard waste and leaves if placed in translucent bags (which may be supplied by the City of Russellville during fall months) and placed curbside. The city will not collect limbs, branches and brush that have been cut by a professional tree/landscape service. Anyone age 65 or physically handicapped can call the Mayor=s office to schedule pick up of refuse, debris and tree limbs.

 

(B) Owners of private dwellings and lots, and their lessees, shall maintain those dwellings and lots so as to prevent litter from circulating in areas immediately surrounding the dwellings and lots up to adjacent public streets or roads or property of others. Owners of private dwellings and lots, and their lessees, may place tree limbs not to exceed six feet in length, and related tree debris, on the public curb for City of Russellville Street Department pick up.

 

(C) Any owner or lessee of a private dwelling or lot who hires a contractor for yard work, tree trimmings or work following adverse weather shall not allow that contractor to place any tree limbs or debris on the public curb for pick up. The contractor shall dispose of the tree limbs and debris in some other lawful way, and not by placing limbs and debris on the public curb.

 

(D) A contractor will be in violation of this section if the contractor places limbs, brush or natural materials curbside.

(Ord. 85-15, passed 10-22-85; Am. Ord. 2008-14, passed 9-2-08) Penalty, see ' 94.99

 

2009 S-13

 

Litter Control 27

 

 

' 94.06 DISTRIBUTION OF HANDBILLS AND ADVERTISING CIRCULARS.

 

Handbills, advertising circulars, and like materials shall be distributed in such a manner as to prevent such material from being deposited or discarded on the streets or on other public or private property within the city.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.07 OUTDOOR EVENTS.

 

All organizers of outdoor events shall provide for and accomplish prompt removal of all refuse and litter from the site of the event and shall provide appropriate refuse containers for the public=s use.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.08 FOOD ESTABLISHMENTS.

 

All food establishments providing carry-out or drive-up service shall have at least one garbage can of at least a 30-gallon capacity available for disposal of litter outside of their establishments and shall properly dispose of the contents thereof before the litter therein is allowed to be blown or otherwise deposited upon the streets or on other public or private property.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.09 LOADING AND UNLOADING DOCKS.

 

All loading and unloading docks shall be maintained so as to prevent refuse from accumulating and being blown or otherwise deposited upon the streets or on other public or private property.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.l0 DISPOSAL OF LITTER ON CONSTRUCTION AND DEMOLITION SITES.

 

All owners, contractors, and subcontractors on construction and demolition sites shall dispose of litter so as to not permit it to be blown or otherwise deposited upon the streets or on other public or private property.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.ll THROWING LITTER FROM VEHICLE.

 

(A) When any paper, waste material, litter, or other refuse is thrown or dropped from a motor vehicle, the operator thereof shall be deemed prima facie to have violated the provisions of this chapter.

 

(B) Contents within or on commercial and private vehicles shall be secured and, if necessary, covered, to prevent loss of material.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

 

 

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28 Russellville - General Regulations

 

 

' 94.l2 PLACING REFUSE IN STREAMS OR SEWERS.

 

No person, firm, or corporation shall place refuse in any form in any stream, ditch, storm sewer, or sanitary sewer or other drain within the city, but this provision shall not preclude properly prepared putrescible waste from domestic garbage disposals discharging into sanitary sewers.

(Ord. 85-15, passed 10-22-85) Penalty, see ' 94.99

 

 

' 94.13 VACANT LOTS.

 

It shall be unlawful for any person, group, firm, institution, or corporation or their agents to permit, keep, or maintain any vacant lot or other property within the city with weeds or grass growing upon same to a height of more than twelve (12) inches or to keep trash, refuse, and debris or any description on any vacant lot or other property. Trash and refuse shall not be used in a

restrictive sense, but shall include all unclean and useless material which is discarded and would otherwise tend to menace health, obstruct the streets and sidewalks, and detract from the appearance of the property, including, but not limited to, such items as waste paper, cardboard, ashes, metal cans, and bottles. The intentional placing of tree leaves in the city streets or sidewalks is considered to be a violation of this section.

(Ord. 2003-23, passed 12-23-03)

 

 

' 94.14 ENFORCEMENT.

 

The owner, tenant, or other person in control of the premises shall carry out orders of law enforcement agencies of the city, the Zoning Administrator of the city, or any other person designated by the city to issue such orders of the Health Department pertaining to this chapter at his expense.

(Ord. 85-15, passed 10-22-85)

 

 

' 94.99 PENALTY.

 

(A) Any person found guilty of violating any section of this chapter shall, upon conviction, be fined in an amount of not less than $20 nor more than $250. Each day of violation shall be considered a separate offense. The court in its discretion may require an individual convicted of violating this chapter to remove litter from public property within the city for any prescribed period not to exceed seven days, up to six hours per day, in lieu of or in addition to the fine provided for in this section.

 

(B) Violation of this chapter is a civil offense. The maximum civil penalty that may be imposed is $250 for each offense, and each day the chapter is violated may be considered a separate offense. If one who violates this chapter does not contest a citation, then the penalty for such violation shall be $20, and each day the chapter is violated may be considered a separate offense.

 

(C) The Code Enforcement Board is granted concurrent jurisdiction to decided all cased based on a citation issued by a Code Enforcement Officer for violation of this chapter.

 

(D) In order to assist in enforcement of this chapter, the Code Enforcement Board may authorized the City Attorney to file a legal action to collect fines, foreclose on judgement liens, and to seek injunctive relief against a violator who fails to comply with the terms of this chapter.

(Ord. 85-15, passed 10-22-85; Am. Ord. 2003-18, passed 11-18-03)

 

 

2009 S-13

 

CHAPTER 95: CITY CEMETERY

 

 

Section

 

95.01 Purpose of regulations

95.02 Cemetery Committee

95.03 Price of grave spaces

95.04 Price of opening and closing graves

95.05 Hours

95.06 Rules of conduct in cemetery

95.07 Dangerous trees or shrubs

95.08 Foundations and markers

95.09 Definitions

95.10 Destroying or defacing of graves prohibited

95.11 Perpetual care and maintenance fund interest account

95.12 Maintenance of grave spaces without perpetual care

95.13 Landscaping and flower regulations

 

95.99 Penalty

 

 

' 95.01 PURPOSE OF REGULATIONS.

 

This chapter is adopted for the government and management of the city cemeteries, which are owned by the city.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.02 CEMETERY COMMITTEE.

 

(A) There shall be a four-member Cemetery Committee. Three persons shall be appointed by the Mayor to the Cemetery Committee and one member of the City Council shall also be a member of the Cemetery Committee. Persons appointed to the Cemetery Committee shall be appointed each for a term of two years and until their successors are appointed. However, the first Committee appointed under this chapter shall be: One for the term of two years; one for the term of three years; and one for the term of four years. Successors in office to the first Committee shall be appointed for two-year terms in order to stagger Committee vacancies.

 

(B) It shall be the duty of the Cemetery Committee to superintend the cemetery grounds and see that they are kept in proper order and condition; to see that the walks, drives, and alley-ways (if any) therein are kept in repair and to make contract for repairing same when necessary; to fix a schedule of prices, subject to the approval of the City Council, for all lots that are for sale therein, and do all other things necessary to manage the cemetery and keep it in good order. The Committee is given full power and authority, subject to the approval of the City Council, to control and manage the cemetery. The Committee is authorized to employ all agents, servants, and employees, in their judgment, necessary for the proper operation of the cemetery. No Committee member shall be an agent for any monument company or interested in the sale of monuments, tombstones, or markers, in any way.

 

29

2009 S-13

 

30 Russellville - General Regulations

 

 

' 95.03 PRICE OF GRAVE SPACES.

 

The cost of grave spaces including perpetual care at the cemeteries shall be:

 

 

1 grave space

 

$450

 

5 grave spaces (1/2 lot)

 

$2,175

 

10 grave spaces (1 lot)

 

$4,450

 

Mausoleum (includes entombment, name plate and vase)

 

 

 

Double

 

$2,750

 

Single

 

$1,500

 

(B) (1) In the event maintenance has been paid on a grave space, the purchase price of which did not include perpetual care, for five or more consecutive years immediately proceeding the September 24, 1982, then perpetual care may be obtained for such grave space by paying to the city the following amounts:

 

 

Lots or Spaces

 

Price

 

1 but less than 5 graves

 

$25 per grave

 

5 grave lots

 

$100 each, plus $25 per additional grave space, if any, but less than an additional lot.

 

10 grave lots

 

$200 each, plus $25 per additional grave space, if any, but less than an additional lot.

 

(2) From the gross selling price of each grace space, the city shall deposit the statutory percentage wherefrom as required by KRS 367.952 into the Perpetual Care and Maintenance Fund.

(Ord. 99‑17, passed 12‑21‑99; Am. Ord. 2003-01, passed 2-18-03; Am. Ord. 2007-14, passed 9‑6‑07)

 

 

' 95.04 PRICE OF OPENING AND CLOSING GRAVES.

 

(A) The price of opening and closing a grave for a cremation, or a child=s grave (four-foot or less) in a cemetery shall be as follows:

 

 

Days

 

Price

 

Weekdays

 

$150

 

Holidays, Saturdays and Sundays

 

$200

 

(B) Otherwise, the price of opening and closing a grave in a cemetery shall be as follows:

 

 

Weekdays

 

$450

 

Weekends

 

$650

 

Holidays (city-recognized)

 

$800

 

 

2009 S-13

 

City Cemetery 31

 

 

(C) The City of Russellville respects the reasonable requests and traditions of all funeral service; in fulfilling such requests, should a funeral service extend past the hour of 3:30 p.m., an overtime fee in the amount of $200 will be assessed.

 

(D) Price of disinterment (not available on weekends or holidays). The price for disinterment in a cemetery shall be as follows:

 

 

Adult

 

$500

 

Baby

 

$200

 

Cremation

 

$150

(Ord. 99‑17, passed 12‑21‑99; Am. Ord. 2003-01, passed 2-18-03; Am. Ord. 2007-14, passed 9-6-07)

 

 

' 95.05 HOURS.

 

The cemetery shall be open to the public at all times provided, however, that loitering is prohibited as defined in KRS 525.090.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.06 RULES OF CONDUCT IN CEMETERY.

 

(A) No person shall enter upon any individual lot or enclosure in the cemetery or pull any flower or shrub without permission of the owner of the lot or the Cemetery Committee.

 

(B) No person shall deface any monument, tombstone, or other structure in or belonging to the cemetery.

 

(C) No driving faster than ten miles per hour shall be allowed on the grounds and no driving on any other than regular carriage roads.

 

(D) No persons shall enter or depart from the grounds by any other way than by the designated entrances.

 

(E) No unleashed dogs or guns are permitted to be taken on the grounds. Neither poultry nor any kind of livestock shall be taken on the grounds or permitted to remain thereon.

 

(F) Children under 15 years of age shall not be permitted to enter the grounds without the company of their parents or some other responsible person.

 

(G) No loafing or loitering, loud noises, or boisterous conduct shall be permitted in the cemetery, nor shall the cemetery be used as a playground for children or a place of recreation or amusement.

(Ord. 2003-01, passed 2-18-03) Penalty, see ' 95.99

 

 

' 95.07 DANGEROUS TREES OR SHRUBS.

 

If any trees, shrubs, or bushes or any other structure situated on any lot in the cemetery be in the opinion of the Cemetery Commission, for any reason, detrimental, dangerous, unsightly, or

 

 

2009 S-13

 

32 Russellville - General Regulations

 

 

inconvenient to adjacent lots, walks, or avenues, the Commission shall have the right to cause the same or any part thereof to be removed.

(Ord. 0-83-3, passed - -83; Am. Ord. 2003-01, passed 2-18-03)

 

 

' 95.08 FOUNDATIONS AND MARKERS.

 

(A) The Cemetery Commission is granted full power to prescribe the kind of foundation to be placed under all monuments, markers, tombstones, or other structures in the cemetery; and the Commission is granted the further right to prohibit the placing of any such structure in the cemetery until the foundation, provided therein, is constructed as specified by the Commission. No monument, tombstone, marker, or other structures in the cemetery shall be made except of granite, marble, or of such other stone or material meeting the approval of the City Council and the Commission.

 

(B) All graves shall be on a level with the ground and no lot shall be graded or raised above the level of the lots in its vicinity.

 

(C) Before any person shall place any monument, marker, or tombstone or any other permanent structures upon any lot in the cemetery, he or she shall first make written application to do so to the Commission, stating the details of such proposed construction; and if said proposed construction meets the conditions of this chapter and specifications, as prescribed by the Commission, then the Commission shall issue a written permit for said construction, giving the details as nearly as possible. The Commission shall keep a permanent record of all such applications and permits. No structure, as above defined, shall be built without such permit.

 

(D) The City Council reserves the right to cause the removal of any monument, tombstone, or marker placed in the cemetery, contrary to the provisions of this chapter and also to cause the removal of any trees, shrubs, or bushes located or placed contrary to this chapter or which interfere, in its discretion, with the proper use of the cemetery. The Commission reserves the right to re-grade any graves which may be graded or raised contrary to the provisions of this chapter.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.09 DEFINITIONS.

 

CEMETERY or CEMETERIES. Refers to Maple Grove Cemetery, Greenwood Cemetery and Memorial Gardens, and Memorial Gardens, and any other cemetery now owned or hereafter acquired by the city.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.10 DESTROYING OR DEFACING OF GRAVES PROHIBITED.

 

No person, firm, or corporation shall willfully destroy, deface, mutilate, or remove any grave, monument, fence, shrub, ornament, grounds, or building in or enclosing any cemetery within the corporate limits of the city or violate the grave of any person in any cemetery in any manner.

(Ord. passed - - ; Am. Ord. 2003-01, passed 2-18-03) Penalty, see ' 95.99

 

 

 

 

 

 

2009 S-13

 

City Cemetery 32-1

 

 

' 95.11 PERPETUAL CARE AND MAINTENANCE FUND INTEREST ACCOUNT.

 

In accordance with KRS 367.952, the general care, maintenance and embellishment of the cemeteries shall be paid for with funds from the Perpetual Care and Maintenance Fund Interest Account. These expenses shall include, but not be limited to labor, supplies and equipment to be

used solely for the general care, maintenance and embellishment of the cemeteries. If sufficient funds are not available from this account, then the General Fund of the city shall be used to subsidize these costs.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.12 MAINTENANCE OF GRAVE SPACES WITHOUT PERPETUAL CARE.

 

The price of maintenance on each grave space on which no perpetual care has been paid shall be $2 per year, per space.

(Ord. 2003-01, passed 2-18-03)

 

 

' 95.13 LANDSCAPING AND FLOWER REGULATIONS.

 

(A) Artificial flowers, cut flowers and decorations are not to be placed on the ground, except on nationally recognized holidays; these artificial flowers, cut flowers and decorations will thereafter be removed within one week after such national holiday.

 

(B) There will be one Shepard=s Rod allowed per grave space for flowers and hanging basket. Other permissible flowers are saddles on top of stones and flowers in vases secured to the stone. All benches existing as of March 22, 2005 are hereby permitted. All benches desired for placement after March 22, 2005, must obtain advance approval of the sexton.

 

(C) All flower arrangements, saddles and the like, placed at the time of burial will removed in seven days, or when they deteriorate or discolor.

 

(D) All temporary markers on new graves or graves without headstones must be approved by the cemetery sexton or Cemetery Commission.

 

(E) Either the sexton or the Cemetery Commission must approve all trees, flowers and shrubbery intended for permanent planting on a grave space. The City of Russellville, its agents and employees are not responsible, and have no liability for such trees, flowers or shrubbery that do not survive due to the weather or other natural causes. The City of Russellville, its agents and employees assume no responsibility and have no liability for any theft of or vandalism to any monument, stone, artificial flowers, cut flowers, decorations, saddles, flowers, trees, shrubbery or any other ornamental item placed at or on a grave space.

 

(F) Any landscaping done without prior approval of the sexton or Cemetery Commission may be subject to removal by the sexton or Cemetery Commission.

(Ord. 2005-05, passed 3-22-05)

 

 

 

 

 

 

 

2009 S-13

 

32-2 Russellville - General Regulations

 

 

' 95.99 PENALTY.

 

Any person violating any provision of this chapter shall be fined not less than $50 nor more than $100 for each offense and each day of violation shall constitute a separate offense. The Code Enforcement Board of the city may enforce any provision of this chapter.

(Ord. 2003-01, passed 2-18-03)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S-13

 

CHAPTER 96: CIVIL DEFENSE

 

 

Section

 

96.01 Purpose

96.02 Powers and duties during emergency

96.03 Rescue squads

 

 

' 96.01 PURPOSE.

 

In order to minimize the destructiveness resulting from fire, flood, tornado, other natural or man-caused disasters, riot, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, or other causes, and the threatened or impending happening of any of the above, and in order to insure that preparations and response for this city will be adequate to deal with disaster or emergencies or the threat of same, and in order to preserve life and property of the people of this city and to protect the public peace, health, and safety, the provisions of KRS 39.400 et seq. are hereby adopted.

(KRS 39.400)

 

 

' 96.02 POWERS AND DUTIES DURING EMERGENCY.

 

(A) The city shall have the power and authority:

 

(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for disaster and emergency response purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster or emergency; and to direct and coordinate the development of disaster and emergency plans and programs in accordance with the policies and plans prescribed by the federal and state disaster and emergency response agencies;

 

(2) To appoint, employ, remove, or provide, with or without compensation, rescue teams, auxiliary fire and police personnel, and other disaster and emergency response workers;

 

(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency;

 

(4) Subject to the order of the Governor, or the City Council to assign and make available for duty, the employees, property, or equipment of the city relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for disaster and emergency response purposes and within or outside of the physical limits of the city; and

 

(5) In the event of enemy attack or state of emergency as provided in KRS 39.409, to waive

 

33

 

34 Russellville - General Regulations

 

 

procedures and formalities otherwise required by the law pertaining to: the performance of public work, entering into contracts, the incurring of obligations, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution, with or without compensation, of supplies, materials, and facilities, and the appropriation and expenditure of public funds.

(KRS 39.4l6)

 

(B) Whenever the employees of the city are rendering outside aid pursuant to the authority of KRS 39.4l5, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are normally employed. (KRS. 39.417)

 

 

' 96.03 RESCUE SQUADS.

 

(A) Rescue squads may be formed and duly authorized to perform in the public interest. Authorization to operate within the city may be granted by the City Council. Rescue squads shall have a formal affiliation with the local disaster and emergency services organization.

 

(B) A rescue squad shall be composed of at least l2 active members and shall maintain at least one vehicle dedicated to rescue service. Squads may operate in conjunction with the Fire Department, or may operate as a separate unit.

 

(C) Each squad shall develop and maintain bylaws and written procedures to specify, as a minimum, election or appointment, succession, and term of officers; financial accounting; property accountability; and rules of notification and response to emergencies.

 

(D) Rescue squads shall contribute to public safety and welfare by performing functions which may include but not be limited to: removal of victims trapped in vehicles or structures; search for lost or missing persons, except those sought for criminal acts; first aid; emergency evacuation; recovery of drowning victims; recovery of any corpse if not accessible by ambulance or hearse and if so authorized by the coroner; traffic control at an accident scene when requested by law enforcement authorities; providing assistance in the containment of spilled hazardous materials, when sufficient equipment and trained personnel are available to the rescue squad. Rescue squads shall not engage in law enforcement activities other than traffic control.

 

(E) The state shall administer funds appropriated for rescue equipment and training and shall promulgate administrative regulations to be applied to all rescue squads that apply for financial assistance.

 

(F) The term RESCUE SQUAD shall mean any such organization which receives and accepts funds from the state or any rescue squad where workers' compensation benefits are paid by the state.

(KRS 39.445)

 

CHAPTER 97: FAIR HOUSING

 

 

Section

 

97.01 Definitions

97.02 City policy

97.03 Application of regulations

97.04 Discrimination in the sale or rental of housing

97.05 Discrimination in the financing of housing

97.06 Discrimination in the provision of brokerage services

97.07 Exemption

97.08 Administration

97.09 Enforcement

97.10 Coercion, interference, or intimidation

 

 

' 97.01 DEFINITIONS.

 

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

 

DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under '' 97.04, 97.05, or 97.06.

 

DWELLING. Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

 

FAMILY. Includes a single individual.

 

PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

 

TO RENT. Includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises owned by the occupant.

(Ord. 83-7, passed 4-13-83)

 

 

' 97.02 CITY POLICY.

 

It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city.

(Ord. 83-7, passed 4-13-83)

 

 

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36 Russellville - General Regulations

 

 

' 97.03 APPLICATION OF REGULATIONS.

 

(A) Subject to the provisions of division (B) below and ' 97.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to all dwellings except as exempted by division (B) below.

 

(B) Nothing in ' 97.04 shall apply to:

 

(l) Any single-family house sold or rented by an owner; provided that:

 

(a) Such private individual owner does not own more than three such single-family houses at any one time;

 

(b) In the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this division shall apply only with respect to one such sale within any 24-month period;

 

(c) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time;

 

(d) That the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of anysuch broker, agent, salesman, or person and without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of ' 97.04(C), but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

 

(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

 

(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:

 

(l) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or

 

(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

 

(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(Ord. 83-7, passed 4-13-83)

 

 

Fair Housing 37

 

 

' 97.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.

 

As made applicable by ' 97.03, and except as exempted by ' 97.03(B) and 97.07, it shall be unlawful to:

 

(A) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, disability status, or national origin.

 

(B) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, disability status, or national origin.

 

(C) Make print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, disability status, or national origin, or an intention to make any such preference, limitation, or discrimination.

 

(D) Represent to any person because of race, color, religion, disability status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

 

(E) For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, disability status, or national origin.

(Ord. 83‑7, passed 4‑13‑83) Penalty, see ' 10.99

 

 

' 97.05 DISCRIMINATION IN THE FINANCING OF HOUSING.

 

It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, disability status, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Nothing contained in this section shall impair the scope or effectiveness of the exception contained in ' 97.03(B).

(Ord. 83‑7, passed 4‑13‑83) Penalty, see ' 10.99

 

 

' 97.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE.

 

It shall be unlawful to deny any person access to or membership or participation in any multiple‑listing service, real estate brokers organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, disability status, or national

 

1998 S‑7

 

38 Russellville ‑ General Regulations

 

 

origin.

(Ord. 83‑7, passed 4‑13‑83) Penalty, see ' 10.99

 

 

' 97.07 EXEMPTION.

 

Nothing is this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, disability status, or national origin. Nothing in this chapter shall prohibit a private club, not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(Ord. 83‑7, passed 4‑13‑83)

 

 

' 97.08 ADMINISTRATION.

 

(A) The authority and responsibility for administering this chapter shall be vested in the Mayor of a city.

 

(B) All executive departments and agencies shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Mayor to further such purposes.

(Ord. 83‑7, passed 4‑13‑83)

 

 

' 97.09 ENFORCEMENT.

 

Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur may file a complaint with the State Human Rights Commission pursuant to that agency's rules and regulations.

(Ord. 83‑7, passed 4‑13‑83)

 

 

' 97.10 COERCION, INTERFERENCE, OR INTIMIDATION.

 

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by '' 97.03 through 97.06. This section may be enforced by appropriate civil action.

(Ord. 83‑7, passed 4‑13‑83) Penalty, see ' 10.99

 

 

 

 

 

 

1998 S‑7

 

CHAPTER 98: SOUND AMPLIFIERS

 

 

Section

 

98.01 License required

98.02 Application for license

98.03 Issuance of license

98.04 Restrictions on use of amplifiers

98.05 Exemption

 

98.99 Penalty

 

 

' 98.0l LICENSE REQUIRED.

 

It shall be unlawful to maintain or operate any loudspeaker or amplifier connected with any radio, phonograph, microphone, or other device by which sounds are magnified and made heard over any public street or public place without having first secured a permit therefor.

Penalty, see ' 98.99

 

 

' 98.02 APPLICATION FOR LICENSE.

 

Any person, firm, or corporation desiring a license for the use or operation of sound amplification device, shall file an application therefor with the City Clerk, upon a form provided by him, setting forth the name and address of the applicant, the name of the owner of the device, the date upon which it is intended to be used, and other information as may be prescribed.

Penalty, see ' 98.99

 

 

' 98.03 ISSUANCE OF LICENSE.

 

The license shall permit the use of any such sound amplification device subject to the terms and conditions of this chapter, only upon the date specified on the license and no other.

Penalty, see ' 98.99

 

 

' 98.04 RESTRICTIONS ON USE OF AMPLIFIERS.

 

(A) No licensee shall use, or operate, or employ any sound amplification device within the city limits on Sunday, or after the hours of 8:00 p.m. prevailing time of any day. No licensee shall use, operate, or employ any such device within a radius of two blocks from any hospital or within the radius of two blocks from any church while funeral services are being held there.

 

(B) No licensee shall cause or permit to be emanated or emitted from any sound amplification

 

39

 

40 Russellville - General Regulations

 

 

device, any lewd, obscene, profane, or indecent language or sounds, or any false representation of any matter, product, or project advertised thereby, the sale of which is prohibited by any law, ordinance, or statute.

Penalty, see ' 98.99

 

 

' 98.05 EXEMPTION.

 

This chapter shall not apply to radios in homes or in private pleasure vehicles, when the same are operated in a manner as not to be audible at a distance of 50 feet from the vehicle, nor to noise devices, bands, or other musical devices used in any public parade or procession which is operated under a permit in accordance with the ordinances of the city.

Penalty, see ' 98.99

 

 

 

' 98.99 PENALTY.

 

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and fined not more than $500 for each offense.

 

 

 

1993 S-4

 

 

 

 

 

 

CHAPTER 99: TREES

 

 

Section

 

General

 

99.01 Purpose

99.02 Definitions

 

Tree Board

 

 

99.10 Establishment

99.11 Term

99.12 Compensation

99.13 Duties; responsibilities

99.14 Operation

99.15 Interference with City Tree Board

99.16 Review by City Council

99.17 Comprehensive Tree Plan

 

Rules; regulations

 

99.20 Street tree species to be planted

99.21 Spacing

99.22 Distance from curb, street or sidewalk

99.23 Distance from street corners and hydrants

99.24 Public tree care

99.25 Tree topping

99.26 Pruning, corner clearance

99.27 Dead or diseased tree removal on private property

99.28 Arborist licensing; bond

99.29 Emergency tree removal and maintenance

99.30 Public tree removal

 

99.99 Penalty

 

 

GENERAL

 

 

' 99.01 PURPOSE.

 

The City Council has determined that the maintenance and protection of trees on public property within the city is not only desirable, but essential to the present and future safety, and welfare of all citizens and will help insure the safe and proper distribution of utilities.

(Ord. 97‑1, passed 2‑4‑97)

 

 

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42 Russellville ‑ General Regulations

 

 

' 99.02 DEFINITIONS.

 

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

 

CITY TREE OFFICIAL. The certified arborist employed by the city to implement this chapter. The City Tree Board will act as the CITY TREE OFFICIAL until such time as a Certified Arborist might be available.

 

PARK TREES. Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city or which the public has free access as a park.

 

STREET TREES. All woody vegetation on land lying between a sidewalk and a street.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

 

TREE BOARD

 

 

' 99.10 ESTABLISHMENT.

 

There is hereby created and established a City Tree Board which shall consist of five (5) voting members, citizens, and residents of the city, at least one of whom shall be a business owner in the downtown business district of the city, and four (4) non-voting members.

 

(A) Non-voting members shall consist of: a designated representative of the city departments of parks and recreation; streets; cemeteries; and a representative of the city Electric Plant Board.

 

(B) The Mayor with approval of the Council shall appoint the five (5) voting members.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.11 TERM.

 

The term of the voting members appointed to the Tree board shall be three (3) years. Each member may be eligible to serve two (2) consecutive three (3) year terms, if reappointed. When two (2) consecutive full terms have been served, there must be a one (1) year interval in service before a reappointment can be made. In the event that a vacancy occurs during the term of any member, his or her successor shall be appointed to serve the unexpired portion of the term.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.12 COMPENSATION.

 

Members of the Board shall serve without compensation but with protection from individual liability.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

 

 

2004 S-12

 

Trees 43

 

 

' 99.13 DUTIES; RESPONSIBILITIES.

 

(A) It shall be the responsibility of the Board, at least every three (3) years, to develop a written Comprehensive Tree Plan. Such will be presented to the Council and, upon acceptance and approval, shall constitute the official Comprehensive Tree Plan of the city.

 

(B) The Comprehensive Tree Plan shall, at a minimum, include a set of specifications for the selection of species, preparation of site, planting, care and maintenance of trees to be planted in the public places of the city.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.14 OPERATION.

 

(A) The Board shall choose its own officers and establish their own procedural rules and keep a record of its proceedings. A majority of the voting members shall be a quorum.

 

(B) All recommendations of the Board shall be reduced to writing within seventy-two (72) hours of the meeting wherein the recommendation was made.

 

(C) The recommendation shall be reviewed by the chairperson of the Board and forwarded to the City Council within forty-eight (48) hours of preparation.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.15 INTERFERENCE WITH CITY TREE BOARD.

 

It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board or any of its agents or servants while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this ordinance.

(Ord. 97‑1, passed 2‑4‑97)

 

 

' 99.16 REVIEW BY CITY COUNCIL.

 

(A) Any person may appeal any decision of the Tree Board to the City Council, which may hear the matter and make a final ruling.

 

(B) Any aggrieved party shall file an appeal within thirty (30) days of the recommendation's presentment to the Council.

 

(C) Any notice of appeal shall be filed with the City Clerk. A copy of said notice of appeal shall be delivered to the Tree Board in the person of its Chair.

 

(D) Any recommendation that is presented to the City Council and upon which there is no notice of appeal shall lie over for a period of thirty (30) days from the date of presentment. If the Council takes no action regarding the same, then, and in that event, the recommendation shall be an act of the city and have the force of law and shall be binding.

 

 

 

 

2004 S-12

 

44 Russellville ‑ General Regulations

 

 

(E) A hearing shall be conducted in open session of a Council meeting upon any recommendation in which an appeal is filed. The date and time of the Council's meeting shall be delivered to the appealing party and the Chair of the Tree Board.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.17 COMPREHENSIVE TREE PLAN.

 

The Tree Board shall have responsibility for implementing the goals and policies of the Comprehensive Tree Plan, subject to final approval by the City Council.

(Ord. 2004-01, passed 3-2-04)

 

 

 

RULES; REGULATIONS

 

 

' 99.20 STREET TREE SPECIES TO BE PLANTED.

 

The Tree Board will formulate an official street tree species list for the city. The list of allowable species shall be broken down into categories of small, medium, and large trees. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.

(Ord. 97‑1, passed 2‑4‑97)

 

 

' 99.21 SPACING.

 

The spacing of street trees will be in accordance with the three (3) size classes referred to in ' 99.20, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet.

(Ord. 97‑1, passed 2‑4‑97)

 

 

' 99.22 DISTANCE FROM CURB AND SIDEWALK.

 

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three (3) size classes listed in ' 99.20, and no trees may be planted closer to any curb, street or sidewalk than the following: small trees two (2) feet; medium trees four(4) feet; and large trees, eight (8) feet. New or replacement trees may be planted closer to the curb or sidewalk than the above standard only after the City Tree Board has approved a written request after consideration of the specific circumstances of the application.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 98‑2, passed 1‑20‑98)

 

 

' 99.23 DISTANCE FROM STREET CORNERS AND HYDRANTS.

 

No street tree shall be planted closer than twenty (20) feet to any street corner, measured from the point of nearest intersection curbs and curblines. No street trees shall be planted closer than ten (10) feet to any hydrant.

(Ord. 97‑1, passed 2‑4‑97)

 

 

2004 S-12

 

Trees 45

 

 

' 99.24 PUBLIC TREE CARE.

 

(A) The city and it's subsidiaries, such as the Electric Plant Board, shall have the right to prune and remove trees, plants, and shrubs as may be necessary to ensure public safety, including those situations where there is a hazard to or from the providing of utility services or to preserve or enhance the symmetry and beauty of such public grounds.

 

(B) The City Tree Board may remove, or cause, or order to be removed, any tree or part thereof which is an unsafe condition or which by reason of its nature is injurious due to fungus, insects, or other pests.

 

(C) This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with '' 99.20 through 99.24.

(Ord. 97‑1, passed 2‑4‑97)

 

 

' 99.25 TREE TOPPING.

 

(A) It shall be unlawful for any person, firm or city department to top any street tree, park tree, or other tree on public property or in a public easement. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

 

(B) Trees severely damaged by storms or other causes or trees under utility wires or other obstructions where other continuing practices are impractical shall be exempt from this section.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 98‑2, passed 1‑20‑98; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.26 PRUNING, CORNER CLEARANCE.

 

(A) Every owner of any tree overhanging any street or right‑of-way within the city shall prune the branches so that such branches shall not obstruct the view of any street intersection so that there shall be a clear space of at least eight (8) feet above the surface of the street or sidewalk or clear the line of sight. The City Tree Board shall give thirty (30) days notice to said owners to remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. If the owner fails to remove the condition constituting a safety hazard, the city shall have the right to prune any tree or shrub on private property when it creates a safety hazard, with any cost incurred to be assessed against the property owner.

 

(B) Private parties may have public trees pruned with written permission from the City Tree Board at the party's expense. To obtain permission, the applicant(s) shall:

 

(1) Submit a written request to the City Tree Board a minimum of thirty (30) days prior to pruning;

 

(2) Identify the tree(s) to be pruned and the specific work to be performed;

 

(3) Submit the name of the person or firm proposed to do the work;

 

 

 

 

 

2004 S-12

 

46 Russellville ‑ General Regulations

 

 

(4) Pay all costs associated with the proposed pruning.

 

(C) The city may prune, spray or otherwise maintain public trees in order to control infestations of insects or disease or to maintain public safety.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.27 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY.

 

(A) The city, and it's subsidiaries, including the Electric Plant Board, shall have the right to cause the removal of any dead or diseased trees on private property within the city when such trees constitute a hazard to life and property, including those situations where there is a hazard to or from the providing of utility services, or harbor insects or disease which constitute a potential threat to other trees within the city.

 

(B) The City Tree Board will determine hazardous trees which may constitute a menace to the safety of the public when it interferes with the visibility of any traffic control device, sign or street light.

(Ord. 97‑1, passed 2‑4‑97)

 

 

' 99.28 ARBORIST LICENSING; BOND.

 

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for, and procuring a license.

 

(A) The license fee shall be twenty-five dollars ($25) annually in advance, provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their employment.

 

(B) Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars ($50,000) for bodily injury and one million dollars ($1,000,000) property damage indemnifying the city or any person injured or damage resulting from the pursuit of such endeavors as herein described.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

' 99.29 EMERGENCY TREE REMOVAL AND MAINTENANCE.

 

(A) In the event of an emergency, all city departments shall have the right to remove or perform maintenance on any street tree as necessary to provide for the public safety.

 

(B) Utilities may perform tree maintenance or removal without prior authorization only when such actions are necessary to protect the safety of the public or maintain or restore utility service. The utility company must provide written notice to the city within seventy‑two (72) hours of removal. The notice must include an explanation of the emergency and circumstance for the tree removal.

(Ord. 2004-01, passed 3-2-04)

 

 

 

 

 

2004 S-12

 

Trees 46-1

 

 

' 99.30 TREE REMOVAL.

 

(A) The city may remove any public tree determined to be hazardous or dangerous by the City Tree Board, subject to the following:

 

(1) Upon any request by a city agency or individual for removal of a public tree, written notice shall be given to any affected property owner, specifying the exact nature of the hazard or danger and the date, time and location of the meeting of the Tree Board when the matter will be considered.

 

(2) Trees shall be replaced to mitigate the loss of the removed tree(s).

 

(3) No city tree shall be removed by a private party without the express written approval of the City Tree Board.

 

(4) Mitigation is required if a public tree is removed, injured or otherwise damaged by a private party. A qualified representative of the Tree Board shall determine mitigation value, or the city will require a replacement. All or a portion of this mitigation may be met by planting replacement trees on or off site as determined by the Tree Board and as set forth in the city's Tree Board Comprehensive Plan, the terms of which are incorporated by reference as if fully rewritten herein.

 

(B) Any public tree on which there is no green vegetation visible during growing season shall be considered to be dead and may be removed with proper documentation and notice to the Tree Board.

(Ord. 2004-01, passed 3-2-04)

 

 

 

' 99.99 PENALTY.

 

Any person who violates any provision of this chapter may be subject to a fine of not less than $25 or more than $500.

(Ord. 97‑1, passed 2‑4‑97; Am. Ord. 2004-01, passed 3-2-04)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2004 S‑12

 

46-2 Russellville ‑ General Regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 100: SECURITY ALARM SYSTEMS

 

 

Section

 

100.01 Definitions

100.02 Alarm systems information; operation and maintenance; duty to respond to activated alarm

100.03 Unlawful false alarms; notice and duty to inspect and repair after five preventable false alarms

 

100.99 Penalties; jurisdiction of Code Enforcement Board

 

 

' 100.01 DEFINITIONS.

 

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

 

FALSE ALARM. The activation of any mechanical, burglary, robbery, security or fire alarm system for the purpose of summoning police and/or fire personnel which causes one or more police or fire personnel to be dispatched or summoned to a particular location within the city, when, in fact, no crime, fire or other emergency has or is being attempted or committed on the premises.

 

PERSON. Any person, partnership, association, firm, corporation or other entity.

 

PREVENTABLE FALSE ALARM. The careless activation of any police security or fire alarm by any individual or activation of any police security or fire alarm system proximately caused by the failure of the owner, lessee, operator or occupant or their contractor or agent to properly design, install or reasonably maintain the security or alarm system in a safe operating condition. Police security or fire alarms shall not be deemed a PREVENTABLE FALSE ALARM in violation of this chapter if it is determined by the Chief of Police, the Chief of the Fire Department or their designee that the alarm was caused by:

 

(1) An act of vandalism causing physical damage to the premises;

 

(2) Alarms occurring during electrical storms, tornadoes, blizzards or other acts of God where there is evidence of damage or disruption to the alarm system;

 

(3) Electrical power or telephone circuit disruption beyond the control of the alarm company and/or user; or

 

(4) Any and all other acts or omissions by persons or events beyond the reasonable control of the owner, lessee, operator or occupant of the premises and the security alarm system.

(Ord. 2001‑02, passed 4‑17‑01)

 

 

 

47

 

2009 S-13

 

48 Russellville ‑ General Regulations

 

 

' 100.02 ALARM SYSTEMS INFORMATION; OPERATION AND MAINTENANCE; DUTY TO

RESPOND TO ACTIVATED ALARM.

 

(A) Within 30 days of the adoption of these regulations, every person who owns, leases, operates, controls or uses any fire or police security alarm system to secure and protect real and personal property from criminal activity and/or damage shall provide the Public Safety Communications Department with the name, address and telephone number of the person responsible for the operation, maintenance and monitoring of the fire and/or security alarm system and any and all other information reasonably required by public safety personnel on official forms hereafter promulgated by the Public Safety Communications Department to facilitate centralized emergency dispatch operations and response.

 

(B) The owner, lessee, operator, occupant or other person in control or using any fire or police security alarm shall maintain the premises and said alarm system in a manner that will minimize and whenever possible eliminate the activation of false alarms and in the event of the activation of any fire and/or police security alarm system which causes one or more police or fire personnel to be dispatched or summoned to a particular location within the city, the owner, lessee, operator, occupant, user or person in control of said system shall respond or cause a designated representative to respond to the alarm system=s location within one hour of notification by any city public safety personnel in order to deactivate an alarm system, to provide access to the premises or to provide security for the premises as directed by police or fire personnel.

 

(C) The owner, lessee, operator or person in control of any police or fire security alarm shall adjust the alarm system or cause the mechanism thereon to be adjusted so that an alarm signal audible on the exterior of a protected property site will sound for no longer than 15 minutes after being activated.

(Ord. 2001‑02, passed 4‑17‑01)

 

 

' 100.03 UNLAWFUL FALSE ALARMS; NOTICE AND DUTY TO INSPECT AND REPAIR AFTER FIVE PREVENTABLE FALSE ALARMS.

 

(A) Prohibition; preventable false alarms. It shall be unlawful for any person to activate, initiate, transmit or otherwise cause, authorize or allow more than five preventable false alarms at the same location within a six-month period.

 

(B) Notice requirement. If the Police or Fire Departments, through their respective designees, have probable cause to believe that five preventable false alarms have occurred at the same location within a six-month period, the Chief of the respective Department, or his or her designee, shall within 48 hours of having established probable cause, notify the property owner or other entity, user or person in charge of the alarm system in writing (by delivering the notice in person or by certified mail, return receipt requested) of the nature and number of preventable false alarms that have occurred to date, including a brief description of the date and circumstances of each preventable false alarm, and shall further advise the property owner, entity, user or person in control of the alarm system that any additional preventable false alarms within the same six-month period shall constitute a violation of this chapter for which the offender may be subject to prosecution or civil penalty.

 

(C) Duty to inspect and repair. Upon written notification from the Police or Fire Department, through their respective designee, of the occurrence of five preventable false alarms within a six-month period, the property owner, entity, user or person in control of the police or fire security alarm system in question shall have the alarm system inspected by a representative of the manufacturer of

 

2009 S-13 Repl.

 

Security Alarm Systems 49

 

 

the alarm system or a qualified and reputable representative of a fire and security alarm system dealer to determine if the false alarms are the result of mechanical failure, malfunction, improper design, installation, lack of proper maintenance or human error due to carelessness or lack of training. The inspection report shall note any and all deficiencies believed to exist in the professional opinion of the qualified inspector and what repairs or other corrective action the inspector believes is required to render the alarm system safe, operational and functional in relation to the type of property or business it was designed and intended to secure. It shall be the :responsibility of the property owner, entity, user or other person in control of the alarm system to make the necessary repairs and/or take any and all other remedial measures reasonably identified and required by the qualified inspector and to submit a copy of the inspection report along with written proof of the repairs and/or remedial action taken to correct any malfunctions or deficiencies identified in the alarm system to the Chief of the Police or Fire Department from whom the original notice was received within 14 days of receipt of the formal notification required in division (B) hereinabove.

 

(D) Exception. A false alarm shall not be deemed a preventable false alarm under the prohibition in division (A) of this section if it occurs at a location for which the property owner, entity, user or person in control of the alarm system has been formally notified to inspect and repair any malfunctions or deficiencies in accordance with divisions (B) and (C) as set forth hereinabove; provided that the false alarm occurs within the time period within which the alarm system is required to be inspected and repaired, if necessary.

(Ord. 2001‑02, passed 4‑17‑01)

 

 

 

' 100.99 PENALTIES; JURISDICTION OF CODE ENFORCEMENT BOARD.

 

(A) Civil penalty. Violation of this chapter is a civil offense. The maximum civil penalty that may be imposed is $100 for each offense, and each day this chapter is violated may be considered a separate offense. If one who violates this chapter does not contest a citation, then the penalty for such violation shall be $25 for a first offense; $50 for a second offense; and $100 for a third and subsequent offenses, and each day this chapter is violated may be considered a separate offense.

 

(B) The Code Enforcement Board of Russellville, Kentucky is granted concurrent jurisdiction to decide all cases based on a citation issued by a Code Enforcement Officer for violation of this chapter.

 

(C) In order to assist in the enforcement of this chapter, the Code Enforcement Board may authorize the City Attorney to file a legal action to collect fines, foreclose on judgment liens, and to seek injunctive relief against a violator who fails to comply with the terms of this chapter.

(Ord. 2001‑02, passed 4‑17‑01; Am. Ord. 2008-10, passed 8-19-08)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S-13

 

50 Russellville ‑ General Regulations