TITLE 1: GENERAL PROVISIONS
CHAPTER 10: GENERAL PROVISIONS
   10.001   Code designation
   10.002   Definitions
   10.003   Rules of construction
   10.004   Signatures and writings
   10.005   Severability of parts of code
   10.006   Rights or liability accrued before repeal of ordinance
   10.007   Ordinances affected by codification
   10.008   Conflicting sections or provisions
   10.009   Omissions or errors
   10.010   Historical references
   10.011   Titles, articles, division, and section headings
   10.012   References to code
 
   10.999   General penalty
§ 10.001 CODE DESIGNATION
   All ordinances contained within this and the following chapters that are of a general and permanent nature and as revised, codified, rearranged, renumbered, and consolidated here shall be known and designated as "The Code of the City of Shelbyville, Kentucky", and may be cited as such. This codification may also be known as "codified ordinances", the "code" or "Shelbyville code". Code title, chapter, and section headings or catch lines shall not be construed as any part of the law contained herein.
§ 10.002 DEFINITIONS
   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.
   "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))
   "CERTIFIED MAIL." Any method or 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 Shelbyville, located in Shelby 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 Shelbyville, Kentucky.
(KRS 83A.010(5))
   "COUNTY." Shelby County, Kentucky.
   "DIRECTORS." When applied to corporations, includes managers or trustees.
(KRS 446.010 (12))
   "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 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 Councilmember. (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))
   "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 property, includes land and buildings.
   "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.
   "SUBCHAPTER." A division of a chapter, designated in this code by an underlined 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 such premises, alone 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 can not exceed the amount set forth in KRS 534.040(2)(c).
(KRS 83A.065)
   "YEAR." Calendar year.
(KRS 446.010(49))
§ 10.003 RULES OF CONSTRUCTION
   (A)   Tense. Words used in the past or present tense include the future as well as the past and present.
   (B)   Gender. A word importing the masculine gender only may extend and be applied to females as well as males.
(KRS 446.020(2))
   (C)   Singular/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))
   (D)   Retroactivity. No ordinance shall be construed to be retroactive, unless expressly so declared.
(KRS 446.080(3))
   (E)   Terms/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))
   (F)   Officers/Agents of City. All officers, agents, employees and other persons, together with all things and places referred to in this code, unless a different intention appears, shall be construed to mean the officers, agents, employees and other persons, things and places situated in the city or employed by or pertaining to the city.
   (G)   Acts Prohibited. All acts prohibited or punishable under this code or under any particular ordinance codified here, unless otherwise indicated, shall be construed to refer to those acts when committed or occurring within the city limits or in other places over which the city police may have jurisdiction or authority by state law.
   (H)   Computation of Time.  
      (1)   In computing any period of time prescribed or allowed by order of court, or by any applicable statute 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 (1) of the days just mentioned. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
      (2)   When a statute, 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.
      (3)   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)
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