Request By:
Mr. David G. Mason
Henry County Attorney
Main Street
New Castle, Kentucky 40050
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to whether the fiscal court may pass an ordinance concerning junk yards which is more restrictive than state law in respect to how far off the road the junk yard must be located and how high a fence it is required to have.
A county may pass such a more restrictive ordinance. KRS 67.083 (6) (b) reads as follows:
"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."
You also ask if Henry County may require licenses for all businesses such as junk yards.
A county may license businesses of a particular classification. KRS 67.083 provides in part as follows:
"(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:
* * *
"(m) Regulation of commerce for the protection and convenience of the public."
In summary, a county may enact an ordinance pertaining to junk yards which is more restrictive that the state statute and may enact an ordinance requiring the licensing of junk yards.