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For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACTION. Includes all proceedings in any court of this state. (KRS 446.010(1))
AND. May be read OR, and OR may be read AND, if the sense requires it.
ANIMAL. Includes every warm-blooded living creature except a human being. (KRS 446.010(2))
AVIS. The automated vehicle information system established and maintained by the Transportation Cabinet to collect titling and registration information on vehicles and boats and information on holders of motor vehicle operator's licenses and personal identification cards. (KRS 446.010(55))
BUSINESS TRUST. Includes, except when utilized in KRS Chapter 386, a STATUTORY TRUST as organized under KRS Chapter 386A. (KRS 446.010(6))
CITY, MUNICIPAL CORPORATION or MUNICIPALITY. When used in this code shall denote the City of Crestview, irrespective of its population or legal classification.
COMMISSION. The City Commission. (KRS 83A.010(3))
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))
COUNTY. Campbell County, Kentucky.
CRUELTY. As applied to animals, includes every act or omission whereby unjustifiable physical pain, suffering or death is caused or permitted. (KRS 446.010(12))
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 company, means all those incorporated or formed by authority of this state. (KRS 446.010(14))
DOMESTIC ANIMAL. Any animal converted to domestic habitat. (KRS 446.010(15))
EXECUTIVE AUTHORITY. The Commission. (KRS 83A.010(16))
FEDERAL. Refers to the United States. (KRS 446.010(17))
FOREIGN. When applied to a corporation, partnership, business trust or limited liability company, includes all those incorporated or formed by authority of any other state. (KRS 446.010(18))
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent or employee.
KRS. Kentucky Revised Statutes.
Rules of Construction; General Penalty 1-5
LAND or REAL ESTATE. Includes lands, tenements and hereditaments and all rights thereto and interest therein, other than a chattel interest. (KRS 446.010(23))
LEGISLATIVE BODY. The City Commission. (KRS 91A.010(8))
LEGISLATIVE BODY MEMBER. A City Commissioner. (KRS 83A.010(8))
LIVESTOCK. Cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. (KRS 446.010(25))
MAY. The act referred to is permissive. (KRS 446.010(26))
MONTH. Calendar month. (KRS 446.010(27))
MUNICIPALITY. The City of Crestview, Kentucky.
OATH. Includes AFFIRMATION in all cases in which an affirmation may be substituted for an oath. (KRS 446.010(28))
PARTNERSHIP. Includes both general and limited partnerships. (KRS 446.010(30))
PEACE OFFICER. Includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, police officers 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.
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates and interests.
PUBLIC AUTHORITY. Includes boards of education; the municipal, county, state or federal government, its officers or an agency thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REGISTERED MAIL. Any governmental, commercial, or electronic method of delivery that allows a document or package to have:
(1) Its chain of custody recorded in a register to enable its location to be tracked;
(2) Insurance available to cover its loss; and
(3) The signature of the recipient of the document or package available to the sender. (KRS 446.010(36))
REGULAR ELECTION. The election in even-numbered years at which members of Congress are elected, and the election in odd-numbered years at which state officers are elected. (KRS 446.010(37))
SHALL. The act referred to is mandatory. (KRS 446.010(39))
SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE. The Commonwealth of Kentucky.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the city.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
SWORN. Includes affirmed in all cases in which an affirmation may be substituted for an oath. (KRS 446.010(43))
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
VACANCY IN OFFICE. Exists when there is an unexpired part of a term of office without a lawful incumbent therein, when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law; it applies whether the vacancy is occasioned by death, resignation, removal from the state, county, city or district, or otherwise. (KRS 446.010(46))
VIOLATE. Includes failure to comply with. (KRS 446.010(47))
YEAR. Calendar year. (KRS 446.010(49))
(A) Singular includes plural. A word importing the singular number only may extend and be applied to several persons or things, as well as to one person or thing, and a word importing the plural number only may extend and be applied to one person or thing as well as to several persons or things. (KRS 446.020 (1))
(B) Masculine includes feminine. A word importing the masculine gender only may extend and be applied to females as well as males. (KRS 446.020 (2))
(C) Liberal construction. All sections of this code shall be liberally construed with a view to promote their objects and carry out the intent of City Commission. (KRS 446.080 (1))
(D) Retroactivity. No ordinance shall be construed to be retroactive, unless expressly so declared. (KRS 446.080 (3))
(E) Technical terms. All words and phrases shall be construed according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed according to such meaning. (KRS 446.080 (4))
(A) In computing any period of time prescribed or allowed by order of court, or by any applicable ordinance or regulation, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, a legal holiday, or a day on which the public office in which a document is required to be filed is actually and legally closed, in which event the period runs until the end of the next day which is not one of the days just mentioned. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(B) When an ordinance, regulation, or order of court requires an act to be done either a certain time before an event or a certain time before the day on which an event occurs, the day of the event shall be excluded in computing the time. If the day thereby computed on which or by which the act is required to be done falls on a Saturday, Sunday, legal holiday, or a day on which the public office in which the act is required to be completed is actually and legally closed, the act may be done on the next day which is none of the days just mentioned.
(C) If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act shall be done, on the next day that is not a legal holiday.
(KRS 446.030)
(D) In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean the time only as may be necessary for the prompt performance of such duty or compliance with such notice.
(A) Words giving authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons. (KRS 446.050)
(B) When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include such acts when done by an authorized agent.
(A) When this code requires any writing to be signed by a party thereto, it shall not be deemed to be signed unless the signature is subscribed at the end or close of the writing.
(B) Every writing contemplated by this code shall be in the English language.
(KRS 446.060)
It shall be considered that it is the intent of City Commission in enacting any ordinance, that if any part of the ordinance be held unconstitutional the remaining parts shall remain in force, unless the ordinance provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that City Commission would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of City Commission.
(KRS 446.090)
(A) A repealed ordinance without a delayed effective date is revived when the ordinance that repealed it is repealed by another ordinance enacted at the same meeting of City Commission.
(B) A repealed ordinance with a delayed effective date is revived by the enactment of a repealer of the ordinance that repealed it at the same or any subsequent meeting of City Commission as long as it takes effect prior to the effective date of the original repealer.
(C) An amended ordinance without a delayed effective date remains unchanged with respect to an amendment which is repealed at the same meeting of City Commission which enacted the amendment.
(D) An amended ordinance with a delayed effective date remains unchanged with respect to that amendment if the ordinance making the amendment is repealed at the same or at a subsequent meeting of City Commission as long as the repealing ordinance takes effect prior to the effective date of the original amendment.
(E) No other action of City Commission repealing a repealer or an amendment shall have the effect of reviving the original language of the repealer or amendment as the case may be.
(KRS 446.100)
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