KRS 77.035: Ordinance of city legislative body to be based upon findings of fact.

The legislative body of the largest city in the county may adopt an ordinance declaring

that there is need for an air pollution control district to function if from the evidence

received at such public hearing it finds:

(1) That the air within such city is so polluted with air contaminants as to be injurious

to health, or an obstruction to the free use of property, or offensive to the senses of a

considerable number of persons, so as to interfere with the comfortable enjoyment

of life or property;

(2) And f urther that for any reason it is not practical to rely upon the enactment or

enforcement of local ordinances to prevent or control the emission of smoke, fumes,

or other substances which cause or contribute to such pollution.