For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL PURPOSE. The direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. COMMERCIAL PURPOSE excludes the publication or related use of a public record by a newspaper or periodical; the use of a public record by a radio or television station in its news or other informational programs; or the use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties.
MECHANICAL PROCESS. Any operation or other copying procedure transacted on a machine, including a copier, computer, recorder or tape processor, or other automated device.
MEDIUM PROCESSING. The physical material in or on which records may be stored or copied.
OFFICIAL CUSTODIAN OF RECORDS. The City Clerk is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his or her actual personal custody and control.
OPEN RECORD. A record, or any part thereof, that does not fall under one or more statutory exemptions authorizing nondisclosure and must therefore be disclosed to the public.
PUBLIC RECORD. All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.
(1984 Code, § 37.03) (Ord. O-14-19, passed 6-11-2019; Ord. O-08-22, passed 3-22-2022)
Statutory reference:
Similar provisions, see KRS 61.870(2), (4)(a),(b), (5), (7), (8) and 83A.085(3)(b)