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Code · Kentucky · Chapter 67 — County government (fiscal courts and county commissioners)

67.855 Ordinance powers -- Conflicts.

471 words·~2 min read·/ky/chapter-67/67-855

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Charter county governments may enact and enforce within their territorial limits the
tax, licensing, police, sanitary, and other ordinances not in conflict with the
Constitution and general statutes of this state now or hereafter enacted, required for
the health, education, safety, welfare, and convenience of the inhabitants of the
county and for the effective administration of the charter county government. A
charter county government shall not enact any ordinance that imposes any tax or
license, franchise or other fee, or requires a license, franchise, or other permission,
for or with respect to the construction or maintenance of any utility equipment,
facility, or apparatus along, over, under, or across the streets, alleys, or public
grounds of, or the operation of any utility business within, any portion of the area of
the government outside of the larger of the area within the corporate boundaries of
the participating city or cities at the time of creation of the charter county
government, or that part of the area of the charter county government within which
the government provides at least the level of services provided by any participating
city that existed prior to the creation of the charter county government.
(2)Charter county government ordinances shall be deemed to conflict with general
statutes of this state only:
(a)When the ordinance authorizes that which is expressly prohibited by a general
statute; or
(b)When there is a comprehensive scheme of legislation on the same subject
embodied in a general statute.
(3)No ordinance or resolution shall be considered by the charter county government
legislative body until it has been read at two
(2)separate meetings. A second
reading may be suspended by a two-thirds (2/3) vote of the membership of the
legislative body. Requirements for reading ordinances or resolutions may be
satisfied by public reading of the title and summary.
(4)All ordinances and resolutions shall be effective upon passage, unless timely vetoed
by the chief executive officer of the charter county government pursuant to the
provisions of the comprehensive plan of the charter county government. Any
ordinance or resolution imposing fines, forfeitures, imprisonment, taxes, or fees,
other than a bond ordinance or resolution, shall be published in full in a newspaper
qualified under KRS 424.120. The publication requirements for all other ordinances
or resolutions, including bond ordinances or resolutions, shall be satisfied by
publication in full or by publication of the title and summary.
(5)The provisions of any local, statewide, or nationally recognized standard code and
codifications of entire bodies of local legislation may be adopted by ordinance that
identifies the subject matter by title, source, and date and incorporates the adopted
provisions by reference without setting them out in full, if a copy accompanies the
adopting ordinance and is made a part of the permanent records of the charter
county government.
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