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ORDINANCE NO. 2005-1-6923
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 2-691, "Definitions," of Chapter 2, "Administration," of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 2-691- DEFINITIONS
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
City. The city government of this city.
Commercial purpose. The direct or indirect use of any part of a public record or records,
in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user
expects a profit either through commission, salary or fee. "Commercial purpose" shall not include:
(1) Publication or related use of a public record by a newspaper or periodical;
(2) Use of a public record by a radio or television station in its news or other
informational programs; or
(3) Use of a public record in the preparation for prosecution or defense of litigation, or
claims settlement by the parties to such action, or the attorneys representing the parties.
Custodian. The official custodian or any authorized person having personal custody and
control of public records.
Mechanical processing. Any operation or other procedure which is transacted on a
Ciimachine, which may include but is not limited to a copier, computer, recorder or tape processor, or
other automated device.
Media. The physical material in or on which records may be stored or represented, which
may include but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes and
cards.
Official custodian. The chief administrative officer or any other officer or employee of a
public agency who is responsible for the maintenance, care, and keeping of public records, regardless
of whether such records are in his actual personal custody and control. The "official custodian" of this
city shall be the City Manager, whose mailing address is City Hall, Paducah, Kentucky 42001.
Person. A human being who makes a request for inspection of public records.
Prescribed fee or fee. The fair payment required by the city for making copies of public
records and for mailing public records, which shall not exceed the actual cost thereof and shall not
include the cost of required staff time.
Public agency. The City of Paducah, including its legislative body and every officer,
department and division of the city; every entity created by authority of the city; any board,
commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency
created and controlled by the city; and any interagency body in which the city participates.
papers, maps, photographs, cards to
Public records. All books, pap p , p gr p cards, discs, diskettes, p
recordings, software or other documentation regardless of physical form or characteristics, which are
prepared, owned, used, in the possession of or retained by the public agency. "Public records" shall
not include any records owned or maintained by or for the public agency that are not related to
functions, activities, programs, or operations funded by the public agency nor any records that may be
excluded by section 2-723.
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Reasonable fee or fee. The fair payment required by a public agency for making copies of
public records, which shall not exceed the actual cost thereof and shall not include the cost of staff
time required. The fee charged by this public agency for making copies of an 8 1/2- by 11 -inch or 8
1/2- by 14 -inch page shall be 804-5 $0.10 per page. The fee charged for duplications of larger
documents, such as maps, plats, etc., shall be $0.25 per square foot per page for large copies.
Request. An oral or written application by any person to inspect public records of the
agency.
Software. The program code which makes a computer system function, but does not
include that portion of the program code which contains public records exempted from inspection as
provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications
or any other mechanism for controlling the security or restricting access to public records in the
public agency's computer system. "Software" consists of the operating system, application programs,
procedures, routines and subroutines such as translators and utility programs, but does not include
that material which is prohibited from disclosure or copying by a license agreement between a public
agency and an outside entity which supplied the material to the agency."
SECTION 2. If any section, paragraph or provision of this ordinance shall be found to be
inoperative, ineffective or invalid for any cause, the deficiency or validity of such section, paragraph
or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and
intent of this ordinance to make each and every section, paragraph and provision hereof separable
from all other sections, paragraph and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
14 L697
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Tammara S.Brock, City Clerk
Introduced by the Board of Commissioners, January 11, 2005
Adopted by the Board of Commissioners, January 24, 2005
Recorded by Tammara S. Brock, City Clerk, January 24, 2005
Published by the Paducah Sun, January 29, 2005
Ord\Copy Fee