As used herein, the following words and phrases have the meaning provided herein for them unless otherwise provided in this chapter.
ANYBODY. Any human being, or any organization or combination thereof, in the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
BANNER SIGN. Any commercial sign composed of any pliable plastic or cloth, without a rigid supporting frame.
BUILDING. Any relatively permanent enclosure consisting of no less than three connected walls covered by a roof.
CHRONIC NUISANCE PROPERTY. Property on which three or more nuisance activities exist or have occurred during any 60 day period or on which 12 or more nuisance activities exist or have occurred during any 12-month period.
CITATION OFFICER. Have the same meaning provided for them in KRS 65.8805.
CITY. The City of Erlanger.
COMMERCIAL SIGN. Any sign which includes any information, message or identification which is, in any way, related to the promotion of any business or commerce.
CONTROL. To exercise restraint or direction over.
DOMESTIC VIOLENCE. Physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple as defined in KRS 403.720.
EVERYBODY. Every human being, and every organization or combination thereof, in the form of a corporation, partnership, limited liability company, joint venture, unincorporated association or otherwise.
EXCESSIVE GROWTH. A growth in excess of six inches above the surface of the ground.
FOWL. Any hen, rooster, chicken, duck, turkey, pheasant or any of several other, usually gallinaceous, birds.
GOOD CAUSE. Circumstances beyond the ability of a person acting with reasonable care and diligence to control.
GRAFFITI. Any display of words, letters, numbers, design or symbols scrawled, by hand or otherwise, in any ink, paint, chalk, dye or any other medium on any building or structure, without the consent or authority of the owner thereof, and which is within view from any public property or right-of-way.
INOPERABLE MOTOR VEHICLE. A motor vehicle that is either:
(1) Wrecked or otherwise in a state of disrepair or disassembly;
(2) Mechanically inoperable; or
(3) Legally inoperable on public streets and highways.
LIVESTOCK. Animals of the bovine, ovine, porcine, caprine, equine, camelid and cervid species, including, without limitation, horses, cattle, sheep, swine and goats.
MULTIPLE UNIT DWELLINGS. If the nuisance property consists of multiple unit dwellings or mixed uses and the nuisance activities have occurred solely within a unit or units, the authority to issue an order to close and vacate is restricted to the unit or units in which the nuisance activities have occurred and does not extend to any other unit at the chronic nuisance property. This definition does not apply to hotels, motels, or other places of lodging.
MUNICIPAL SOLID WASTE. Have the same meaning provided for them in KRS 224.1-010(31)(a)(4).
MUNICIPAL SOLID WASTE CONTAINER. A clean, covered, rigid metal or plastic container with a capacity of no less than 30 gallons and no more than 96 gallons.
NOBODY. No human being, or any organization or combination thereof, in the form of a corporation, partnership, joint venture, unincorporated association or otherwise.
NUISANCE ACTIVITIES.
(1) Any of the following activities, behaviors or conduct are not permitted to occur on property:
(a) Harassment, as defined in KRS 525.070 through 525.080;
(b) Public intoxication or alcohol intoxication, as defined in KRS 525.100 or KRS 222.202;
(c) Rioting, inciting to riot, unlawfully assembling, or disorderly conduct as defined in KRS 525.010 or KRS 525.060;
(d) Murder, manslaughter, or reckless homicide as defined in KRS 507.020, 507.030, 507.040, or 507.050;
(e) Rape, sodomy, sexual abuse, sexual misconduct, indecent exposure, or unlawful use of an electronic device to induce a minor to engage in sexual activities, as defined in KRS 510.010 through 510.155;
(f) Assault, menacing, wanton endangerment, terroristic threatening, criminal abuse, stalking, or disarming a police officer, as defined in KRS 508.010 through 508.160;
(g) Unsworn falsification to authorities or giving peace officer a false name or address, as defined in KRS 523.100 or 523.110;
(h) Obstruction of public administration, as defined in KRS 519.010 through 519.070;
(i) Resisting arrest, fleeing or evading police, or hindering prosecution or apprehension, as defined in KRS 520.090 through 520.130;
(j) Promoting gambling, conspiracy to promote gambling, possession of gambling records, or any other illegal gambling activities, as defined in KRS Chapter 528;
(k) Prostitution, promoting prostitution, permitting prostitution, or human trafficking, as defined in KRS 529.010 through 529.110;
(l) Endangering the welfare of a minor or unlawful transaction with a minor as defined in KRS 530.060 through 530.080;
(m) Distribution of obscene matter promoting sale of obscenity, or voyeurism, as defined in KRS 531.010 through 531.110;
(n) Sexual exploitation of minors, as defined in KRS 531.300 through 531.370;
(o) Drug possession or trafficking, as defined in KRS 218A.010 through 218A.1444;
(p) Weapons related offenses, as defined in KRS 527.010 through 527.210;
(q) Alcohol related offenses, as defined in KRS Chapters 241, 242, 243 and 244;
(r) Animal control violations, as defined in Chapter 91 of this code;
(s) Fireworks violations;
(t) Curfew violations, as defined in Chapter 130 of this code;
(u) Sale of alcoholic beverages violations, as defined in Chapter 111 of this code;
(v) Discharging air rifle or discharging firearms violations, as defined in §131.01;
(w) Any attempt to commit and/or conspiracy to commit any of the activities, behaviors or conduct listed in this section.
(2) To qualify, all NUISANCE ACTIVITIES must be based on either:
(a) Personal observation of a police officer, or citation officer; or
(b) A determination by a police officer, or citation officer, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident that the alleged NUISANCE ACTIVITIES did, in fact, occur.
(3) For purposes of this chapter, NUISANCE ACTIVITY shall not include conduct where the person in charge is the victim of a crime and had no control over the criminal act.
(4) For purposes of this chapter, domestic violence calls for service are not considered NUISANCE ACTIVITIES.
OPEN BURNING. The burning of any material in an area which is not enclosed within a building, passes through a stack or flue, or is contained within an outdoor firepit no larger than 60 inches in circumference.
OUTSIDE. An area of a lot or parcel of real estate that is not enclosed within a building.
PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON. Any natural person, agent, association, firm, partnership, corporation, limited liability company or other entity capable of owning, occupying or using property in the city.
PERSON ASSOCIATED WITH THE PROPERTY. Any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize, or visit, or waited to enter, patronize, or visit a property, or any person present on a property. PERSON ASSOCIATED WITH THE PROPERTY includes, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, the person in charge, or an owner of a property.
PERSON IN CHARGE. Any person with actual or constructive possession of a property, including but not limited to an owner or occupant of property under his or her ownership or control. When an owner of the property and the occupant of a property under his or her ownership or control are not the same person, the person in charge shall include both such persons.
POLICE CHIEF. The Chief of Police of the City of Erlanger, Kentucky, or his or her designee.
PROPERTY. Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building, or structure or any separate part, unit, or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.
RECREATIONAL VEHICLE. Have the same meaning provided for them in KRS 227.550(12).
RESIDENTIAL LANDLORD. A real property owner of property upon which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semi permanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. RESIDENTIAL LANDLORD does not include the owner of a hotel, motel, or a college or university dormitory.
RUBBISH. Worthless, discarded material.
TEMPORARY STORAGE UNIT. Shall consist of any dumpster, device, containers (tents, canopy or temporary garage structures), or any other type of holder of objects, exceeding nine cubic yards, which is placed on the premises of any residence, apartment or other building, for the purpose of holding trash, garbage and/or storing any other equipment or items.
UNLEASHED ANIMAL. Any animal that is not secured and controlled by the owner or custodian of that animal by means of a leash.
(Ord. 2443, passed 11-1-2016; Ord. 2488, passed 2-4-2020; Ord. 2509, passed 12-1-2020; Ord. 2549, passed 10-4-2022)