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. (KRS 446.010(1))
“AND” or “OR.” The word “and” may be read as “or” and “or” may be read as “and”, where the context requires it.
“ARTICLE.” A division of a chapter, designated in this code by setting apart a group of sections related by the subject matter of the heading. Not all chapters have articles.
“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))
“CERTIFIED MAIL.” Any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(1) Sending the document or package;
(2) The date the document or package was delivered or delivery was attempted; and
(3) The signature of the receipt of the document or package.
(KRS 446.010(8))
“CITY” or “MUNICIPALITY.” When used in this code, the City of Morgantown, located in Butler County, Kentucky 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 Morgantown, Kentucky. (KRS 83A.010(5))
“COUNTY.” Butler 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 company, 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))
“KRS.” The Kentucky Revised Statutes.
“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 Council. (KRS 91A.010(8))
“LEGISLATIVE BODY MEMBER.” A City Councilmember. (KRS 83A.010(8))
“MAY.” The act referred to is permissive. (KRS 446.010(26))
“MISDEMEANOR.” An offense for which the criminal fine cannot 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:
(1) Is created by the Constitution, the General Assembly, or a city;
(2) Possesses a delegation of a portion of the sovereign power of government;
(3) Has powers and duties to be discharged which are conferred directly or by implication by the city;
(4) Has duties performed independently and without control of a superior power other than the law;
(5) Has some permanency;
(6) Requires an official oath;
(7) Is assigned by a commission or other written authority; and
(8) Provides for an official bond if required by proper authority.
(KRS 83A.010(10))
“ORDINANCE.” An official act of the City Council, 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.” Includes 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.
“PREMISES.” As applied to real property, includes land and buildings and all appurtenances thereto.
“PROPERTY.” Includes real, personal and other property.
“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 in which state officers are elected. (KRS 446.010(37))
“RESOLUTION.” An expression of the opinion, will or policy of the legislative body on some matter of ministerial business which has come before the body. (While an ordinance, and to a large extent a municipal order, involves a distinctly legislative act, a resolution is a less formal mechanism for dealing with matters of a special or temporary character.)
“SHALL.” The act referred to is mandatory. (KRS 446.010(39))
“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))
“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 such premises, along or with others.
“VACANCY IN OFFICE.” Such as exists wherein there is an unexpired part of a term of office without a lawful incumbent therein, or 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, or district, or otherwise. (KRS 446.010(46))
“VIOLATE.” Includes failure to comply with. (KRS 446.010(47))
“VIOLATION.” An offense for which the criminal fine cannot exceed the amount set forth in KRS 534.040(2)(c). (KRS 83A.065)
“YEAR.” Calendar year. (KRS 446.010(49))