TITLE 1
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Elections
1.12 General Penalty
1.16 Repeal Of Prior Ordinances
Chapter 1.04
Sections:
1.04.010 Definitions.
1.04.020 Interpretation of language.
1.04.030 Grammatical
interpretation.
1.04.040 Acts by agents.
1.04.050 Prohibited acts include causing and
permitting.
1.04.060 Computation of time.
1.04.070 Construction.
1.04.080 Repeal shall not revive any ordinances.
1.04.090 Construction of city ordinances.
1.04.100 Editing of
ordinances on publication.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances
or code of the city of
“City” means the city of
“Commonwealth” means the
“Council” means the city council of the city of
“County” means the
“Law” denotes applicable federal law, the Constitution and
statutes of the state of
“May” is permissive.
“Month” means a calendar month.
“Must” and “shall” are each mandatory.
“Oath” includes an affirmation or declaration in all cases in
which, by law, an affirmation may be substituted for an oath, and in such cases
the words “swear” and “sworn” shall be equivalent to the words “affirm” and
“affirmed.”
“Owner,” applied to a building or land, means and includes any
part owner, joint owner, tenant in common, joint tenant, tenant by the
entirety, of the whole or a part of such building or land.
“Person” means and includes a natural person, joint venture, joint stock company, partnership, association, club,
company, corporation, business, trust, organization, or the manager, lessee,
agent, servant, officer or employee of any of them.
“Personal property” means and includes money, goods, chattels,
things in action and evidences of debt.
“Preceding” and “following” mean next before and next after,
respectively.
“Property” means and includes real and personal property.
“Real property” means and includes lands, tenements and hereditaments.
“Sidewalk” means that portion of a street between the curb line and
the adjacent property line intended for the use of pedestrians.
“State” means the
“Street” means and includes all streets, highways, avenues,
lanes, alleys, courts, places, squares, curbs, or other public ways in the city
which have been or may hereafter be dedicated and open to public use, or such
other public property so designated in any law of the state.
“Tenant” and “occupant,” applied to a building or land, mean and
include any person who occupies the whole or a part of such building or land,
whether alone or with others.
“Written” means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible
form.
“Year” means a calendar year. (Added during 2002 codification)
1.04.020 Interpretation of language.
All words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases and such
others as may have acquired a peculiar and appropriate meaning in the law shall
be construed and understood according to such peculiar and appropriate meaning.
(Added during 2002 codification)
1.04.030 Grammatical
interpretation.
The following grammatical rules shall apply in the ordinances and
code of the city unless it is apparent from the context that a different
construction is intended:
A. Gender. Each gender
includes the masculine, feminine and neuter genders.
B. Singular and Plural.
The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in
the present tense include the past and the future tenses and vice versa, unless
manifestly inapplicable. (Added during 2002 codification)
1.04.040 Acts by agents.
When an act is required by an ordinance or this
code, the same being such that it may be done as well by an agent as by the
principal, such requirement shall be construed to include all such acts
performed by an authorized agent. (Added during 2002 codification)
1.04.050 Prohibited acts include causing and
permitting.
Whenever in the ordinances or code of the city any act or
omission is made unlawful, it shall include causing, allowing, permitting,
aiding, abetting, suffering, or concealing the fact of such act or omission.
(Added during 2002 codification)
1.04.060 Computation of time.
Except when otherwise provided, the time within which an act is
required to be done shall be computed by excluding the first day and including
the last day, unless the last day is Sunday or a holiday, in which case it
shall also be excluded. (Added during 2002 codification)
1.04.070 Construction.
The provisions of the ordinances and code of the city, and all
proceedings under them, are to be construed with a view to effect
their objects and to promote justice. (Added during 2002 codification)
1.04.080 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause
of an ordinance or revive any ordinance which has been repealed thereby. (Added
during 2002 codification)
1.04.090 Construction of city ordinances.
A. Whenever reference is
made to “the city” or “this city” or to “the council” or “city council” or to a
city officer or department by code, it shall be construed as referring to the
city of
B. The term “ordinance”
or “these ordinances” refers to the ordinances of this city.
C. The term “code” or
“this code” refers to the compilation of the body of ordinances of the city.
D. All provisions of this
code are limited in application to the territorial boundaries of the city.
E. Unless otherwise
provided herein, the rules of construction, application and definitions set
forth in KRS Chapter 446 and KRS 83A.010 shall apply to this code.
F. The words “this state”
or “the state” or “the commonwealth” shall be construed to mean the
G. The words “statutes,”
“these statutes,” “revised statutes” or “KRS” refers to the Kentucky Revised
Statutes.
H. A general term
following specific enumeration of terms is not to be limited to the class
enumerated unless expressly so limited.
I. A word importing the
singular number only may extend and be applied to several persons or things as
well as to one person or thing, and a word importing the plural number only may
extend and be applied to one person or thing as well as to several persons or
things.
J. A word importing the
masculine gender only may extend and be applied to females as well as males.
K. Severability. It shall
be considered that it is the intent of the legislative body, in enacting any
ordinance, that if any part of the ordinance be held unconstitutional the
remaining parts shall remain in force unless the ordinance provides otherwise,
or unless the remaining parts are so essentially and inseparably connected with
and dependent upon the unconstitutional part that it is apparent that the
legislative body would not have enacted the remaining parts without the
unconstitutional part, or unless the remaining parts standing alone are
incomplete and incapable of being executed in accordance with the intent of the
legislative body.
L. Conflict or Ambiguity.
All ordinances shall be construed to effect the intent
of the legislative body and in the event an irreconcilable conflict or
ambiguity exists between the provisions of any ordinances, the provisions last
adopted or approved by the legislative body shall prevail. (Ord.
dated
1.04.100 Editing of
ordinances on publication.
A. The city clerk, in
preparing editions of the ordinances or supplements thereto for publication or
distribution, shall not alter the sense, meaning or effect of any act of the
city legislative body, but may renumber sections and parts of sections of the
acts of the city legislative body, change the wording of head notes, divide or
rearrange sections and parts of sections, change words when directed by law,
change reference numbers to agree with renumbered chapters or sections or to
make corrections in reference numbers when sections referred to are repealed or
amended and the correction can be made without change in the law, substitute
the proper section or chapter numbers for the terms “this ordinance, “the
preceding section,” and the like, strike out figures where they are merely a
repetition of written words, change capitalization for the purpose of
uniformity, and correct manifest clerical or typographical errors.
B. In any edition of this
code or supplement thereto hereafter published, the city clerk may substitute
the name of any agency, officer or instrumentality of the commonwealth or of a
political subdivision whose name is changed by law or to which powers, duties
and responsibilities have been transferred by law, for the name which the
agency, officer or instrumentality previously used or of the agency which was
previously vested with the same powers and charged with the same duties and
responsibilities. (Ord. dated
Chapter 1.08
(Reserved)