KRS § 67.083 — KY Code / Title IX / Chapter 67 / Section 67.083
67.083 Additional powers of fiscal courts
Status: in_force

67.083 Additional powers of fiscal courts.

(1) It is the purpose of this section to provide counties as units of general purpose local

government with the necessary latitude and flexibility to provide and finance

various governmental services within those functional areas specified in subsection

(3) of this section, while the General Assembly retains full authority to prescribe

and limit by statute local governmental activities when it deems such action

necessary.

(2) The fiscal court of any county is hereby authorized to levy all taxes not in conflict

with the Constitution and statutes of this state now or hereafter enacted.

(3) The fiscal court shall have the power to carry out governmental functions necessary

for the operation of the county. Except as otherwise provided by statute or the

Kentucky Constitution, the fiscal court of any county may enact ordinances, issue

regulations, levy taxes, issue bonds, appropriate funds, and employ personnel in

performance of the following public functions:

(a) Control of animals, and abatement of public nuisances;

(b) Regulation of public gatherings;

(c) Public sanitation and vector control;

(d) Provision of hospitals, ambulance service, programs for the health and welfare

of the aging and juveniles, and other public health facilities and services;

(e) Provision of corrections facilities and services, and programs for the

confinement, care, and rehabilitation of juvenile law offenders;

(f) Provision of parks, nature preserves, swimming pools, recreation areas,

libraries, museums, and other recreational and cultural facilities and programs;

(g) Provision of cemeteries and memorials;

(h) Conservation, preservation and enhancement of natural resources including

soils, water, air, vegetation, and wildlife;

(i) Control of floods;

(j) Facilitating the construction and purchase of new and existing housing;

causing the repair or demolition of structures which present a hazard to public

health, safety, or morals or are otherwise inimical to the welfare of residents

of the county; causing the redevelopment of housing and related commercial,

industrial, and service facilities in urban or rural areas; providing education

and counseling services and technical assistance to present and future

residents of publicly assisted housing;

(k) Planning, zoning, and subdivision control according to the provisions of KRS

Chapter 100;

(l) Adoption, by reference or in full, of technical codes governing new

construction, renovation, or maintenance of structures intended for human

occupancy;

(m) Regulation of commerce for the protection and convenience of the public;

(n) Regulation of the sale of alcoholic beverages according to the provisions of

KRS Chapters 241 to 244;

(o) Exclusive management of solid wastes by ordinance or contract or by both and

disposition of abandoned vehicles;

(p) Provision of public buildings, including armories, necessary for the effective

delivery of public services;

(q) Cooperation with other units of government and private agencies for the

provision of public services, including, but not limited to, training,

educational services, and cooperative extension service programs;

(r) Provision of water and sewage and garbage disposal service but not gas or

electricity; including management of onsite sewage disposal systems;

(s) Licensing or franchising of cable television;

(t) Provision of streets and roads, bridges, tunnels and related facilities,

elimination of grade crossings, provision of parking facilities, and

enforcement of traffic and parking regulations;

(u) Provision of police and fire protection;

(v) Regulation of taxis, buses, and other passenger vehicles for hire;

(w) Provision and operation of air, rail and bus terminals, port facilities, and

public transportation systems;

(x) Promotion of economic development of the county, directly or in cooperation

with public or private agencies, including the provision of access roads, land

and buildings, and promotion of tourism and conventions;

(y) Preservation of historic structures; and

(z) Regulation of establishments or commercial enterprises offering adult

entertainment and adult entertainment activities.

(4) The county judge/executive is hereby authorized and empowered to exercise all of

the executive powers pursuant to this section.

(5) A county acting under authority of this section may assume, own, possess and

control assets, rights, and liabilities related to the functions and services of the

county.

(6) If a county is authorized to regulate an area which the state also regulates, the

county government may regulate the area only by enacting ordinances which are

consistent with state law or administrative regulation:

(a) If the state statute or administrative regulation prescribes a single standard of

conduct, a county ordinance is consistent if it is identical to the state statute or

administrative regulation;

(b) If the state statute or administrative regulation prescribes a minimal standard

of conduct, a county ordinance is consistent if it establishes a standard which

is the same as or more stringent than the state standard;

(c) A county government may adopt ordinances which incorporate by reference

state statutes and administrative regulations in areas in which a county

government is authorized to act.

(7) County ordinances which prescribe penalties for their violation shall be enforced

throughout the entire area of the county unless:

(a) Otherwise provided by statute; or

(b) The legislative body of any city within the county has adopted an ordinance

pertaining to the same subject matter which is the same as or more stringent

than the standards that are set forth in the county ordinance. The fiscal court

shall forward a copy of each ordinance which is to be enforced throughout the

entire area of the county to the mayor of each city in the county.

(8) (a) The powers granted to counties by this section shall be in addition to all other

powers granted to counties by other provisions of law. These powers, other

than the power to tax, may be exercised cooperatively by two (2) or more

counties, or by a county and a city, or by a county and a special district, or by

a county and the state through, but not limited to, joint contracts, joint

ownership of property, or the exchange of services, including personnel and

equipment. When counties cooperate in the provision of public services,

contracts shall be drawn to document the benefits and relative cost for each of

the participating governments. One (1) government may pay one hundred

percent (100%), or a lesser percentage, of all or any part of the cost of the joint

undertaking, based upon the written contract required by this subsection.

(b) A permissive procedure authorized by this section shall not be deemed to be

exclusive or to prohibit the exercise of other existing laws and laws which

may hereafter be enacted but shall be an alternative or supplement thereto.

(9) Any agency of county government exercising authority pursuant to subsection (3)(y)

of this section shall, prior to exercising such authority, obtain the voluntary written

consent of the owner of the structure. Consent may be obtained only after advising

the owner in writing of any advantages and disadvantages to the owner which are

likely to result from the exercise of such authority.