Henderson County, KY Article I Adoption of Code

[Adopted 11-18-2014 by Ord. No. 14-05]

§ 1-1 Legislative intent.

The ordinances and certain resolutions of Henderson County, as codified by General Code, LLC, and consisting of the Chapters 1 through 230, together with an Appendix, shall be known collectively as the "Code of Henderson County," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of Henderson County to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance had been formally amended to so read.

§ 1-2 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of the 1993 Code and ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Fiscal Court of Henderson County, and it is the intention of said Fiscal Court that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of enactments not included in Code.

All ordinances of a general and permanent nature of Henderson County in force on the date of the adoption of this ordinance, inconsistent with the provisions contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.

§ 1-4 Enactments saved from repeal; matters not affected.

The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:

A. Any right or liability established, accrued or incurred under any legislative provision of Henderson County prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

B. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of Henderson County or any penalty, punishment or forfeiture which may result therefrom.

C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of Henderson County.

D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by Henderson County.

E. Any ordinance of Henderson County providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within Henderson County or any portion thereof.

F. Any ordinance of Henderson County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Henderson County or other instruments or evidence of the County's indebtedness.

G. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

H. The levy or imposition of special assessments or charges.

I. The annexation or dedication of property.

J. Any ordinance relating to salaries and compensation.

K. Any ordinance amending the Zoning Map or providing for variances or PUD approvals.

L. Any ordinance relating to or establishing a pension plan or pension fund for County employees.

M. Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the County.

N. Any ordinance adopted subsequent to August 12, 2014.

§ 1-5 Severability.

If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-6 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Code of Henderson County" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Fiscal Court to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be published as amendments and supplements to the Code. Nothing contained in this ordinance shall affect the status of any ordinance contained herein, and such ordinances may be amended, deleted or changed from time to time as the Fiscal Court deems desirable.

§ 1-7 Penalties for tampering with Code.

Any person who, without authorization from the County Clerk, changes or amends, by additions or deletions, any part or portion of the Code of Henderson County or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Henderson County to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined as set forth in Chapter 1, Article III, of the Code for each offense.

§ 1-8 Changes to previously adopted legislation; new provisions.

A. In compiling and preparing the ordinances for publication as the Code of Henderson County, no changes in the meaning or intent of such ordinances have been made. In addition, certain grammatical changes, administrative changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Fiscal Court that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.

B. In addition, the amendments and/or additions as set forth in Schedule A,[1] attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)

[1] Editor's Note: In accordance with § 1-8B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 11-18-2014 by Ord. No. 14-05." Schedule A, which contains a complete description of all changes, is on file in the County offices.

§ 1-9 Incorporation of provisions into Code.

The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of Henderson County, such ordinance to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this ordinance shall be numbered §§ 1-8 to 1-10, inclusive.

§ 1-10 When effective.

This ordinance shall be in full force and effect following publication as provided by law.