Request By:
Danny E. Darnall, Esq.
128 Broadway
P.O. Box 561
Brandenburg, Kentucky 40108
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter concerning the publication of ordinances by a sixth class city. You refer specifically to KRS 82.080 pertaining to the adoption of codes and revisions of ordinances by reference. You ask whether a sixth class city which has never passed ordinances before may compile a basic set of ordinances in pamphlet form and legally adopt them pursuant to KRS 82.080 without publishing each and every ordinance in the local county newspaper.
KRS 82.080 provides as follows:
"The legislative bodies of cities of all classes shall have power and authority to adopt traffic, building, plumbing, electrical and other codes by reference and also revisions and codifications of ordinances without the necessity of publication of same, provided that notice of the meeting at which same are adopted has been given by publication pursuant to KRS chapter 424, and further that the code has been approved at such meeting of said city legislative body and has been made a part of the public records of the city by resolution or ordinance. "
In OAG 65-102, copy enclosed, at page two, we said the enactment of KRS 82.080 means that cities are no longer required to publish lengthy codes and the codification of numerous ordinances formerly required to be incorporated at length in initiating ordinances. However, all ordinances other than those relating to the adoption of codes or the codification of ordinances pursuant to KRS 82.080 must be published in full. See KRS 88.060 and 424.130(1)(a).
In OAG 63-830, copy enclosed, we said KRS 82.080 provides that cities are no longer required to publish lengthy codes and codifications of numerous ordinances formerly required to be incorporated at length in an initiating ordinance. Cities are permitted to adopt in the initial ordinance such codes and codifications by reference alone without having to incorporate them at length in the ordinance. Thus, only the initiating ordinance merely containing the reference to the codes and codifications needs to be published pursuant to KRS 88.060(3) and 424.130(1)(a).
The reference in KRS 82.080 to "revisions and codifications of ordinances" refers to the compilation of many or all of the existing ordinances. However, there must be an initiating ordinance, which is required to be published, adopting by reference the revision or codification of the old ordinances. Again see OAG 63-830. Furthermore, in OAG 64-705, copy enclosed, we said that KRS 82.080 does not apply to an initial ordinance and where a city was proposing an entirely new ordinance it must be published in full as required by the applicable statutes.
In conclusion, as we understand your factual situation, KRS 82.080 would not appear to be applicable and the ordinances would have to be published as required by KRS 88.060(3) and KRS 424.130(1)(a). You are not referring to the adoption of various codes in initiating ordinances nor are you referring to the revision or codification of existing ordinances but, rather, the adoption of new ordinances. All ordinances other than those relating to the adoption of various codes or the revision or codification of existing ordinances must be published in full.