ORDINANCE NO. 5-88

AN ORDINANCE OF THE CITY OF BELLEFONTE
CONCERNING BURNING

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:


  1. Except as otherwise provided herein, it is unlawful to burn outside of a dwelling in the City.

  2. Leaves, weeds, twigs and tree limbs may be burned between 4:00 p.m. and 7:00 p.m. After 7:00 p.m., all fires must be completely extinguished so there is no smoldering. Burning of building materials, refuse or household garbage is prohibited.

  3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less that Ten Dollars ($10.00) no more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

  4. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

  5. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

  6. Each section and each sentence of this ordinance is enacted separately and the invalidity or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.


    Richard A. Macomb
    Mayor, City of Bellefonte

    Attest:
    Jean Frazier
    City Clerk

    First Reading by the Board of Commissioners 10-24-88
    Second Reading by the Board of Commissioners 10-31-88