Request By:
Mr. John H. Harralson, Jr.
Jefferson County Government Conference
P.O. Box 70-259
Riverfront Station
Louisville, Kentucky 40270
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 23 in which you request an opinion concerning the following:
"Several cities in Jefferson County seek a clarification of the notice by publication requirement of KRS 424.270 as that statute applies to the adoption of ordinances. Specifically, the Jefferson County Government Conference, on behalf of the cities, requests an opinion on the question:
"Could several cities which have adopted the same ordinance meet the notice requirement of KRS 424.270 by one publication of the ordinance identifying each city which adopted it?"
Our response to your question would be in the negative. To begin with, KRS 424.270, to which you refer, deals solely with the regulations of local administrative agencies and not municipal legislative enactment of the dignity of ordinances. As a consequence, this statute has no application with respect to the adoption of ordinances and their publication. See Miller v. City of Louisville, 321 S.W.2d 337 (1959).
City ordinances that are required to be published pursuant to the charter of cities of the various classes must be advertised for the times and periods provided for under KRS 424.130 (1) (a), which reads as follows:
"When an advertisement is of a completed act, such as an ordinance, resolution, regulation, order, rule, report, statement, or certificate and the purpose of the publication is not to inform the public or the members of any class of persons that they may or shall do an act or exercise a right within a designated period or upon or by a designated date, the advertisement shall be published one (1) time only and within thirty (30) days after completion of the act. However, a failure to comply with this paragraph shall not subject a person to any of the penalties provided by KRS 424.990 unless such failure continues for a period of ten (10) days after notice to comply has been given him by registered letter."
The above publication requirement applies to individual ordinances as they are adopted by a particular city and cannot be utilized by a group of cities pursuant to single publication as you have suggested since there is no specific authority for such a procedure.