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File #: O-393-19    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/18/2019 In control: Government Oversight and Audit Committee
On agenda: 2/20/2020 Final action: 2/20/2020
Title: AN ORDINANCE AMENDING ? 10.99 OF THE LOUISVILLE METRO CODE OF ORDINANCES (LMCO) AND OTHER PENALTY SECTIONS OF LMCO FROM CHAPTERS 21, 32, 39, 53, 72, 73, 91, 93, 94, 115, 121, 125, 130, 131, 133, 134, 150, AND 156 TO UPDATE MISDEMEANOR PENALTIES TO CONFORM WITH PENALTIES SET FORTH IN THE KENTUCKY REVISED STATUTES (KRS).
Sponsors: Brent Ackerson (D-26)
Attachments: 1. O-393-19 V.1 112119 Amend LMCO 10.99.pdf, 2. O-393-19 Discussion Questions.pdf, 3. O-xxx-19 Amending Misdemeanor Penalties Ord sd-sjm 111519.pdf, 4. ORD 007 2020.pdf
ORDINANCE NO. __________, SERIES 2020
TITLE
AN ORDINANCE AMENDING ? 10.99 OF THE LOUISVILLE METRO CODE OF ORDINANCES (LMCO) AND OTHER PENALTY SECTIONS OF LMCO FROM CHAPTERS 21, 32, 39, 53, 72, 73, 91, 93, 94, 115, 121, 125, 130, 131, 133, 134, 150, AND 156 TO UPDATE MISDEMEANOR PENALTIES TO CONFORM WITH PENALTIES SET FORTH IN THE KENTUCKY REVISED STATUTES (KRS).
BODY
SPONSORED BY: COUNCIL MEMBER BRENT ACKERSON

WHEREAS, Kentucky Revised Statutes ("KRS") 67C.103(13) grants the consolidated local government council ("Metro Council") the power to enact ordinances;
WHEREAS, as set forth in Kentucky Revised Statutes ("KRS") ? 83A.065(2), Metro Council may make the violation of any of its ordinances a misdemeanor or a violation by the express terms of the ordinance;
WHEREAS, fines and terms of imprisonment for misdemeanors in Kentucky are set by state statute; and,
WHEREAS, the periodic review of LMCO is an important statutory task in KRS 83A.060(10), which directs cities to examine its ordinances "for consistency with state law and with one another and to be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions."
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("THE COUNCIL") AS FOLLOWS:
SECTION I: The Council hereby amends LMCO ? 10.99 as follows:
(A) Wherever in this code any act is prohibited or is made to be unlawful, an offense, or a misdemeanor, or wherever in this code the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision or of any such ordinance is made a misdemeanorclassified as a violation in accordance with Kentucky Revised Statutes ("KRS") ? 534.040, and any violator shall be fined not exceeding $50 or imprisoned not more than 30 days, or bothas set forth in KRS ? 83A.065 at an amount not to exceed t...

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