TITLE 8

 

HEALTH AND SAFETY

 

Chapters:

8.04    Alarm Systems

8.08    Explosives

8.12    Littering

8.16    Nuisances

8.20    Removal of Noxious or Hazardous Trees and Weeds

 


Chapter 8.04

 

ALARM SYSTEMS

 

Sections:

8.04.010         Definitions.

8.04.020         Registration.

8.04.030         Alarm response.

8.04.040         Hearing procedures and penalties.

 

8.04.010         Definitions.

    As used in this chapter:

 

    “Alarm system” means any assembly of equipment arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police are expected to respond.

 

    “Alarm user” means the person, partnership, association or corporation in control of the building or structure or facility or portion thereof wherein an alarm system is maintained.

 

    “Unwanted alarm” means an alarm signal eliciting a response by the police when a situation requiring a response by the police does not in fact exist. (CCO 1993-2 § 1)

 

8.04.020         Registration.

    A.    It is unlawful for an alarm user to have an operational alarm system on his/her property unless that alarm system is registered with police as herein provided.

 

    B.    Within one hundred eighty (180) days from the effective date of the ordinance codified in this chapter, all alarm users shall register their alarm systems with the police department on forms provided by the police department. There shall be no fee assessed for registering the alarm systems.

 

    C.    In addition to other needed information, the alarm system registration shall include the type of alarm, the name, address and telephone number of the alarm company servicing or installing the system. Also included will be an emergency telephone number of the resident/user or his/her representative to permit prompt notification of alarm calls and also facilitate and assist the police in inspection of the property when responding to alarms. Changes in emergency telephone numbers shall be kept current, and failure to provide updated information shall be a violation of this chapter. (CCO 1993-2 § 2)

 

8.04.030         Alarm response.

    A.    Whenever an alarm is activated in the city requiring an emergency response to the location by the police department, and the police department does respond, a police officer on the scene of the activated alarm system may inspect the area protected by the system and shall determine whether the emergency response was required as indicated by the alarm system or whether in some way the alarm system malfunctioned or was activated by mistake and thereby was an unwanted alarm.

 

    B.    If the police officer at the scene of the activated alarm system determines the alarm to be an unwanted alarm, the officer shall make a report of the unwanted alarm, a notification of which shall be mailed to the alarm user at the location of the alarm system installation advising the alarm user of the false alarm. (CCO 1993-2 § 3)

 

8.04.040         Hearing procedures and penalties.

    A.    The city council, by resolution or municipal order, shall designate a hearing officer to hear appeals from alarm users on the issue of whether the alarm system in question activated an unwanted alarm, as determined by a police officer at the scene of such activated alarm. Upon receipt of any false alarm report from the police department, the user may have ten (10) days, orally or in writing, to request a hearing before the hearing officer.

 

    B.    At the hearing, which must be scheduled and concluded within twenty-one (21) days from the date the request for same is received, the alarm user shall have the right to present evidence and testimony. The hearing officer shall make written findings available to the alarm user and the chief of the police department within ten (10) days from the date the hearing is concluded.

 

    C.    It is found and determined that more than three unwanted alarms within any calendar year is excessive and constitutes a public nuisance. An alarm user accruing four or more unwanted alarms within any calendar year shall pay a fee to the city of sixty-five dollars ($65.00) for the fourth unwanted alarm and each unwanted alarm thereafter. In addition to the fee for unwanted alarms, alarm users shall be fined for the fourth and subsequent unwanted alarms within any calendar year according to the following rate:

    Fourth unwanted alarm at the rate of twenty dollars ($20.00), fifth unwanted alarm at the rate of fifty dollars ($50.00), and for the sixth and all unwanted alarms thereafter at the rate of one hundred dollars ($100.00) per unwanted alarm.

 

    D.    The fees and fines collected shall be payable to the city and shall be deposited by the city in its general fund to be budgeted as a part of the city’s general fund income. (Amended during 2002 codification; CCO 1993-2 § 4)


Chapter 8.08

 

EXPLOSIVES

 

Sections:

8.08.010         Applicability.

8.08.020         Storage, transportation and use.

8.08.030         Blasting permits.

8.08.040         Manufacture and sale--Permit required.

8.08.050         Violation--Penalty.

 

8.08.010         Applicability.

    A.    This chapter shall apply to the manufacture, possession, storage, sale, transportation and the use of explosives and blasting agents.

 

    B.    This chapter shall not apply to:

 

    1.    Explosives or blasting agents while in the course of transportation via railroad, water, highway, or air when the explosives or blasting agents in the normal and emergency operation of state or federal agency are moving under the jurisdiction of, and in conformity with, regulations adopted by any federal or state department or agency;

 

    2.    The transportation and use of explosives or blasting agents in the normal and emergency operation of state or federal agencies nor to municipal fire and police departments, providing they are acting in their official capacity and in the proper performance of their duties;

    3.    Small arms ammunition and components thereof, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations promulgated thereunder.

 

    4.    Explosives or blasting agents being used on the site of federal or state projects. (Amended during 2002 codification; CCO 1989-2 § 1)

 

8.08.020         Storage, transportation and use.

    All activities within the scope of this chapter shall conform to the regulations of the Kentucky Department of Mines and Minerals 805 KAR 4:070 through 4:080 and 805 KAR 4:090 through 4:145 (E&B R900 through 914). (CCO 1989-2 § 2)

 

8.08.030         Blasting permits.

    A.    No person or corporation shall conduct a blasting operation in the city without first obtaining a permit from the city.

 

    B.    The fee for a blasting permit or permit renewal shall be ten dollars ($10.00.)

 

    C.    No person or corporation shall be issued a permit to blast on public property unless the person to be in charge of the blasting holds a valid Kentucky Blasters License.

 

    D.    No person or corporation shall be issued a permit to blast on private property with more than five pounds of explosives unless the person in charge of the blasting holds a valid Kentucky Blasters License.

 

    E.    The blasting permits shall specify the location of the blasting to be permitted.

 

    F.    In the event that a project is not completed, blasting permits must be renewed annually upon the applicant’s payment of the renewal fee.

 

    G.    A permit allowing blasting shall be issued upon application but, on public property, shall not become valid until seven  days after its issuance.

 

    H.    If unanticipated blasting is required, the permit may become valid as soon as the city notifies all required agencies.

 

    I.     On any contract issued by an agency of the city, blasting permits shall be issued by the city unless otherwise specified in said contract.

 

    J.     False statements, made for the purpose of obtaining a permit, shall render the permit null and void from the time of issue.

 

    K.   Copies of the blasting permit shall be distributed by the city to the following required agencies: Indian Hills police, chairperson of the city building committee, St. Matthews fire protection district, and director of public works of the city. (CCO 1989-2 § 3)

 

8.08.040         Manufacture and sale--Permit required.

    A.    No person or corporation shall operate a business establishment where explosives are maintained for the sale, or manufacture for sale, of explosives in the city without first obtaining a permit from the city.

 

    B.    The fee for this permit is twenty-five dollars ($25.00.) (CCO 1989-2 § 4)

 

8.08.050         Violation--Penalty.

    It is a misdemeanor to violate this chapter, punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed twelve (12) months, or both. (Amended during 2002 codification; CCO 1989-2 § 5)

 


Chapter 8.12

 

LITTERING

 

Sections:

8.12.010         Applicability.

8.12.020         Definitions.

8.12.030         Littering prohibited.

8.12.040         Throwing litter from vehicle.

8.12.050         Tracking foreign matter on streets.

8.12.060         Hauling loose material.

8.12.070         Sweeping litter into gutters.

8.12.080         Violation--Penalty.

 

8.12.010         Applicability.

    All persons, including individuals, firms and corporations owning or controlling property in the city and all contractors as defined herein, shall be subject to the requirements of this chapter and shall conform to its provisions and be subject to the penalties provided in Section 8.12.080. (CC § 93.01(A))

 

8.12.020         Definitions.

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

 

    “Contractor” means any individual, firm or corporation engaged in building a structure or otherwise improving property within the city.

 

    “Structure” means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings and signs. (CC § 93.01(B))

 

8.12.030         Littering prohibited.

    It is unlawful for any person to place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, or suffer to remain any garbage, cans, bottles, glass, crockery, wood, trees or parts thereof, brush, scrap metal, junk, abandoned automobiles or parts thereof, paper, boxes, carcasses of dead animals, trash, grass, debris, litter or refuse of any kind whatsoever, in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private or public property within the city. (CC § 93.01(C))

 

8.12.040         Throwing litter from vehicle.

    No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the city or upon private property. (CC § 93.02)

 

8.12.050         Tracking foreign matter on streets.

    No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit upon any street, alley, or other public place, mud, dirt, sticky substances, litter, or foreign matter of any kind. (CC § 93.03)

 

 

8.12.060         Hauling loose material.

    Every person hauling or causing to be hauled dirt, sand, gravel, cement, fill dirt, or loose material of any kind in or upon any street, alley, sidewalk, or other public place shall haul it, or cause it to be hauled in vehicles provided with tight boxes or beds so constructed or loaded as to prevent any of the contents from falling or being thrown, blown, or deposited upon any street, alley, sidewalk, or other public place. Any materials which fall from, or which are thrown, blown, or deposited from any vehicle upon any street, alley, sidewalk, or other public place, shall be removed immediately by the person in charge of the vehicle. (CC § 93.04)

 

8.12.070         Sweeping litter into gutters.

    No person shall sweep into or deposit in any gutter, street, or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (CC § 93.05)

 

8.12.080         Violation--Penalty.

    Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00). Each day the violation is committed or permitted to continue shall constitute a separate offense. (CC § 93.99)

 


Chapter 8.16

 

NUISANCES

 

Sections:

8.16.010         Definitions.

8.16.020         Common law and statutory nuisances.

8.16.030         Certain conditions--Declared a nuisance.

8.16.040         Abatement procedure.

8.16.050         Nuisance created by others.

8.16.060         Suspension of license.

8.16.070         Violation--Penalty.

 

8.16.010         Definitions.

 

(1) As used in this section:

(a) "Automobile collector" means a person who collects and restores motor vehicles; and

(b) "Ordinary public view" means a sight line within normal visual range by a person on a public street or sidewalk adjacent to real property; and

(c) "Parts car" means an automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles.

 

(2) Except as provided in subsection (3) of this section, it shall be unlawful for the owner, occupant or person having control or management of any land within a city, county, consolidated local government, urban-county, or unincorporated area to permit a public nuisance, health hazard, or source of filth to develop thereon through the accumulation of:

(a) Junked or wrecked automobiles, vehicles, machines, or other similar scrap or salvage materials, excluding inoperative farm equipment;

(b) One (1) or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked, or nonoperative and which are not inhabited;

(c) Rubbish; or

(d) The excessive growth of weeds or grass.

 

(3) The provisions of paragraph (a) of subsection (2) of this section shall not apply to:

(a) Junked, wrecked, or nonoperative automobiles, vehicles, machines, or other similar scrap or salvage materials located on the business premises of a licensed automotive recycling dealer as defined under the provisions of KRS 190.010(8);

(b) Junked, wrecked, or nonoperative motor vehicles, including parts cars, stored on private real property by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts cars are stored out of ordinary public view by means of suitable fencing, trees, shrubbery, or other means; and

(c) Any motor vehicle as defined in KRS 281.011 that is owned, controlled, operated, managed, or leased by a motor carrier.

 

(4) It shall be unlawful in the City of  Indian Hills for the owner of a property to permit any structure upon the property to become unfit and unsafe for human habitation, occupancy, or use or to permit conditions to exist in the structure which are dangerous or injurious to the health or safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the city.

 

(5) The City of Indian Hills may establish by ordinance reasonable standards and procedures for the enforcement of this section. The procedures shall comply with all applicable statutes, administrative regulations, or codes. Proper notice shall be given to property owners before any action is taken pursuant to this section; and, prior to the demolition of any unfit or unsafe structure, the right to a hearing shall be afforded the property owner.

 

(6)  The City of Indian Hills shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this statute, 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 thereafter 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.

 

(7) In addition to the remedy prescribed in subsection (5) of this section 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, county, or urban-county may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.

 

(KRS 381.770)

 

8.16.020         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. (CC § 92.02)

 

8.16.030         Certain conditions--Declared a nuisance.

    It is 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 Rubbish. An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another.

 

    C.    Storage of Explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.

 

    D.    Weeds and Grass. The excessive growth of weeds, grass, or other vegetation. Unless otherwise provided, “excessive” means growth to a height of twelve (12) inches or more.

 

    E.    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.

 

    F.    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.

 

    G.    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.

 

    H.    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.

(CC § 92.03)

 

8.16.040         Abatement procedure.

    A.    It is 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 rate established by the city thereafter 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. (CC § 92.04)

 

8.16.050         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. (CC § 92.05)

 

8.16.060         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, or 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. (CC § 92.06)

 

8.16.070         Violation--Penalty.

    Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) for each offense. Each day’s continued violation shall constitute a separate offense. (CC § 92.99)

 


Chapter 8.20

 

REMOVAL OF NOXIOUS OR HAZARDOUS TREES AND WEEDS

 

Sections:

8.20.010         Removal of dead trees.

8.20.020         Removal of trees, shrubbery or branches for vision clearance.

8.20.030         Removal of or damage to shade trees.

8.20.040         Weeds in sidewalks or gutters.

8.20.050         Failure of owner to comply with notice.

 

8.20.010         Removal of dead trees.

    Whenever the city council by resolution shall condemn any dead or decaying trees on the sidewalks or thoroughfares of the city, and notice is served by the city clerk on the owner of a lot or property abutting on the street or sidewalk where said condemned trees shall be located, the owner shall, within thirty (30) days after notice, at his/her expense, remove the said condemned trees from the street or right-of-way in such manner as will least impede public travel, and he shall put the surface of the street or right-of-way in an even and uniform shape after removal, provided, however, there shall be no duty on the part of an abutting owner to maintain any area constituting the unmade extension of any street. (WFC § 620.1)

 

8.20.020         Removal of trees, shrubbery or branches for vision clearance.

    A.    Whenever there exists trees or overhanging branches of same, hedges, shrubs or weeds on the sidewalk or public ways of the city or on private property adjacent thereto, which in the opinion of the city council obstruct the vision of any operator of vehicles over said public ways, or obstruct any traffic sign, so as to create a hazard to the safe operation of such vehicles, the city council may order the removal of such obstructions by giving the owner of such property written notice of removal of such obstructions within ten (10) days from the receipt thereof, and if said notice is not complied with within the said time, then the city council may have such obstructions removed at the expense of such property owner.

 

    B.    The notice herein provided shall state the nature of such obstructions and what part thereof shall be removed, and such notice may be delivered or mailed to the owner of such property or his/her agent. (WFC § 620.2)

 

8.20.030         Removal of or damage to shade trees.

    It is unlawful for any person to trim, cut, damage or remove any shade or ornamental tree on any of the public ways of the city without first having secured a permit to do so from the city council. However, no permit shall be required to trim trees, hedges or shrubs in order to remove a traffic hazard. (WFC § 620.3)

 

8.20.040         Weeds in sidewalks or gutters.

    A.    It is unlawful for the owner or his/her agent of property abutting any public ways to permit noxious weeds or vegetable matter to grow or remain in the area between his/her property line and the paved portion of the street and it shall be the duty of such abutting owner to maintain the grass in the unpaved portion of the public way adjacent to his/her property and to keep drainage facilities adjacent to his/her property free from obstruction.

 

    B.    The owner of property may take reasonable steps to protect the area adjacent to his/her property from damage or harm, including the maintenance of curb stones or similar devices no closer than one inch to the paved portion of the roadway in areas subject to continued abuse.

 

    C.    The city council shall give notice of violations of this section to the owner or his/her agent requiring the nuisance to be abated within five days. (WFC § 620.4)

 

8.20.050         Failure of owner to comply with notice.

    Upon the failure of the owner of the property to comply with any notice specified herein, the city council may contract to have the offending situation remedied, and the city shall have a lien against the property for reasonable value of labor and materials used in remedying the situation, which claim shall be in the form of an affidavit signed by a member of the city council and shall be recorded in the county clerk’s office and which lien shall bear interest at the rate of eighteen (18) percent per year thereafter until paid. The owner of the property shall be personally liable for the amount of the lien, interest and penalties. (WFC § 620.5)