Kentucky Statutes 77.035 – Ordinance of city legislative body to be based upon findings of fact
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The legislative body of the largest city in the county may adopt an ordinance declaring that there is need for an air pollution control district to function if from the evidence received at such public hearing it finds:
(1) That the air within such city is so polluted with air contaminants as to be injurious to health, or an obstruction to the free use of property, or offensive to the senses of a considerable number of persons, so as to interfere with the comfortable enjoyment of life or property;
(2) And further that for any reason it is not practical to rely upon the enactment or enforcement of local ordinances to prevent or control the emission of smoke, fumes, or other substances which cause or contribute to such pollution.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 63, effective January 1, 2015. — Created
1952 Ky. Acts ch. 53, sec. 8, effective March 14, 1952.
(1) That the air within such city is so polluted with air contaminants as to be injurious to health, or an obstruction to the free use of property, or offensive to the senses of a considerable number of persons, so as to interfere with the comfortable enjoyment of life or property;
Terms Used In Kentucky Statutes 77.035
- air contaminants: includes smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, or any combination thereof. See Kentucky Statutes 77.005
- City: includes town. See Kentucky Statutes 446.010
- District: means an air pollution control district. See Kentucky Statutes 77.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Largest city: means the city with the greatest population within the county based upon the most recent federal decennial census conducted by the United States Census Bureau. See Kentucky Statutes 77.005
- Legislative body: means the chief legislative body of the city, whether it is the board of aldermen, general council, board of commissioners, or otherwise. See Kentucky Statutes 77.005
(2) And further that for any reason it is not practical to rely upon the enactment or enforcement of local ordinances to prevent or control the emission of smoke, fumes, or other substances which cause or contribute to such pollution.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 63, effective January 1, 2015. — Created
1952 Ky. Acts ch. 53, sec. 8, effective March 14, 1952.