OWENSBORO MUNICIPAL CODE

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Published 1985 by Order of the Board of Commissioners

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CURRENT OFFICIALS
of
OWENSBORO, KENTUCKY

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Thomas H. Watson
Mayor

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Larry Maglinger
Mayor Pro Tem

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Pamela Smith-Wright
Larry Conder
Jeff Sanford
Commissioners

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Nathaniel Pagan
City Manager

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Stephen Lynn
City Attorney

Beth Cecil
City Clerk

OFFICIALS
of
OWENSBORO, KENTUCKY
AT THE TIME OF THIS CODIFICATION

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Jack Fisher
Mayor

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Jack Ross
Mike Wellman
Alan Braden
Waymond Morris
Commissioners

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Max Rhoads
City Manager

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Frankie Scott Hager
City Attorney

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Owensboro, Kentucky, of a general and permanent nature.

Source materials used in the preparation of the Code were the City's 1955 Code, as supplemented through October 18, 1983, and ordinances subsequently adopted. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables appearing in the back of this volume, the reader can locate any section of the 1955 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the tenth section of Chapter 1 is 1-10. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 1-9 and 1-10 is desired to be added, such new sections would be numbered 1-9.1, 1-9.2 and 1-9.3 respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 2 and 3, it will be designated as chapter 2.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way, or in the case of articles, may be placed at the end of the chapter embracing the subject, and in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them, and in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under direct supervision of George R. Langford, President, Roger D. Merriam, Supervising Editor, and John Welch of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mrs. Frankie Scott Hager, City Attorney, and numerous other municipal officers and employees for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 5-85

An Ordinance Adopting and Enacting a New Code for the City of Owensboro, Kentucky; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective

Be It Ordained by the City of Owensboro, Kentucky, as follows:

Section 1. The Code entitled "The Owensboro Municipal Code," published by Municipal Code Corporation, consisting of Chapters 1 to 26, each inclusive, is hereby adopted and enacted as the "Owensboro Municipal Code," which Code shall supersede all general and permanent ordinances of the city passed on or before May 15, 1984, to the extent provided in section 2 hereof.

Section 2. All provisions of the Code shall be in full force and effect from and after final reading and publication of Ordinance No. 5-85, and all ordinances of a general and permanent nature enacted on final passage on or before May 15, 1984, and not included in the Code, or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the Code.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. Whenever in such Code, any act or omission is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever in this Code or ordinance the doing of any act or the failure to do any act is declared to be unlawful or a misdemeanor, and no specific penalty is provided therefor and state law does not provide otherwise, the violation of any such provision of such Code shall be a violation punishable by a fine of no less than twenty-five dollars ($25.00) and no more than five hundred dollars ($500.00). Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of such Code shall continue shall constitute a separate offense. Notwithstanding the foregoing provisions, the penalty for a violation of the provisions of this Code shall not be less than that imposed by statute for the same offense.

Section 5. Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the governing body to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include the additions and amendments.

Section 6. In the case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance and in section 1-11 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 7. Any ordinances adopted after May 15, 1984, which amend or refer to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Introduced and publicly read on first reading, this the 19th day of February, 1985.

Publicly read and finally approved on second reading, this the 5th day of March, 1985.

/s/ Jack Fisher
Mayor

Attest:

/s/ Carol Blake
City Clerk