TITLE 8
Chapters:
8.04 Alarm Systems
8.08 Explosives
8.12 Littering
8.16 Nuisances
8.20 Removal of Noxious or Hazardous Trees and Weeds
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
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)
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)
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.
(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;
(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
(6) The City of
(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.
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
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)
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)