In the construction of this code and for purposes of this code, the following definitions shall apply, unless inconsistent with the text or unless the context clearly indicates a different meaning:
"ACTION." Includes all proceedings in any court in the Commonwealth.
"AND" or "OR." The word "and" may be read as "or" and "or" may be read as "and," where the context requires it.
“AVIS.” The automated vehicle information system established and maintained by the Transportation Cabinet to collect titling and registration information on vehicles and boat and information on holders of motor vehicle operator’s licenses and personal identification cards. (KRS 446.010(55))
"CITY." or "MUNICIPALITY." When used in this code, the City of Berea, located in Madison County; except as otherwise provided.
"COMPANY." May extend and be applied to any corporation, company, person, partnership, joint stock company, or association. (KRS 446.010(9))
"CORPORATION." May extend and be applied to any corporation, company, partnership, joint stock company, or association. (KRS 446.010(10))
"COUNCIL." or "CITY COUNCIL." The city legislative body of Berea, Kentucky.
"COMPUTATION OF TIME." The time within which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Sunday or a legal holiday, it shall be excluded.
"COUNTY." Madison County, Kentucky.
"DIRECTORS." When applied to corporations, includes managers or trustees. (KRS 446.010(13))
"DOMESTIC." When applied to a corporation, partnership, business trust, or limited liability, means all those incorporated or formed by authority of the Commonwealth of Kentucky. (KRS 446.010 (14))
"EXECUTIVE AUTHORITY." The Mayor. (KRS 83A.010(6))
"EXECUTIVE ORDER." An order issued by the mayor which is binding upon the officers and employees of the city and any governmental agency over which the city has jurisdiction. (KRS 83A.010 (7))
"FEDERAL." The United States. (KRS 446.010(17))
“FOREIGN.” When applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. (KRS 446.010(18))
"GENDER." Words importing the masculine gender shall mean and include the feminine and neuter.
"KRS." The Kentucky Revised Statutes.
"LAND" or "REAL ESTATE." Includes lands, tenements, and other hereditaments and all rights thereto and interest therein, other than a chattel interest. (KRS 446.010(23))
"LEGISLATIVE BODY." The city council. (KRS 91A.010(8))
"LEGISLATIVE BODY MEMBER." A city councilman. (KRS 83A.010(8))
"MAY." The act referred to is permissive. (KRS 446.010(26))
"MISDEMEANOR." An offense for which the criminal fine can not exceed the amount set forth in KRS 534.040(2)(a), or a term of imprisonment not to exceed the periods set forth in KRS 532.090(1) or both. (KRS 83A.065)
"MONTH." Calendar month. (KRS 446.010(27))
"MUNICIPAL ORDER." An official act of the city council which is binding upon the officers and employees of the city and any governmental agency over which the municipality has jurisdiction. (KRS 83A.010(9))
"OATH." Includes "AFFIRMATION" in all cases in which an affirmation may be substituted for an oath. (KRS 446.010(28))
"OFFICER." Any person elected to a position by the voters or any person appointed to a position which:
(a) is created by the Constitution, the General Assembly, or a city;
(b) possesses a delegation of a portion of the sovereign power of government;
(c) has powers and duties to be discharged which are conferred directly or by implication by the city;
(d) has duties performed independently and without control of a superior power other than the law;
(e) has some permanency;
(f) requires an official oath;
(g) is assigned by a commission or other written authority; and
(h) provides for an official bond if required by proper authority.
(KRS 83A.010(10))
"ORDINANCE." An official act of a city legislative body, which is a regulation of a general and permanent nature and enforceable as a local law or is an appropriation of money. (KRS 83A.010(11))
“PARTNERSHIP.” Includes both general and limited partnerships. (KRS 446.010(30))
"PEACE OFFICER." Includes sheriffs, constables granted police powers, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests. (KRS 446.010(31))
"PERSON." May extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, joint stock companies, and limited liability companies. (KRS 446.010(33))
"PERSONAL PROPERTY." Includes all property except real property.
"PROPERTY." Includes real, personal and other property.
"REGULAR ELECTION." The election in even numbered years at which members of Congress are elected and the election in odd numbered years in which state officers are elected. (KRS 446.010(37))
"RESOLUTION." A resolution is a less formal mechanism for dealing with matters of a special or temporary character. While an ordinance, and to a large extent a municipal order, involves a distinctly legislative act, a resolution is simply an expression of the opinion, will or policy of the legislative body on some matter of ministerial business which has come before the body.
"SHALL." The act referred to is mandatory.
"SIDEWALK." That portion of the street between the curbline, or the lateral lines of a roadway or street where there is no curb and the adjacent property line and intended for use by pedestrians.
"STATE." The Commonwealth of Kentucky.
"STREET." Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches to them and all other public thoroughfares within the city. It shall be construed to include a sidewalk or path, unless the sidewalk or path is so excluded, or unless such construction is inconsistent with the intent of the city council.
"SWORN." Includes "AFFIRMED" in all cases in which an affirmation may be substituted for an oath. (KRS 446.010(43))
“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. (KRS 446.010(57))
"VIOLATION." An offense for which the criminal fine can not exceed the amount set forth in KRS 534.040(2)(c). (KRS 83A.065)
"YEAR." Calendar year. (KRS 446.010(49))