For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“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.
“CITY COUNCIL.” The City Council of the City of Florence, Kentucky.
“CODE ENFORCEMENT OFFICER.” A Code Enforcement Officer as defined in KRS 65.8805.
“CONTROL.” The authority to regulate, restrain, dominate, counteract or govern property, or conduct what occurs on a property.
“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.
“GOOD CAUSE.” Circumstances beyond the ability of a Person acting with reasonable care and diligence to control.
“MULTIPLE UNIT DWELLINGS.” If the chronic 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.
“NUISANCE ACTIVITIES.”
(1) Any of the following activities, behaviors or conduct when same are 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 Florence Code of Ordinances Chapter 91;
(t) Curfew violations, as defined in Florence Code of Ordinances Chapter 100;
(u) Noise violations, as defined in Florence Code of Ordinances Chapter 101;
(v) Sale of alcoholic beverages violations, as defined in Florence Code of Ordinances Chapter 111;
(x) Nude performance violations, as defined in Florence Code of Ordinances § 133.01; or
(y) 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 Code Enforcement Officer; or
(b) A determination by a Police Officer, or Code Enforcement 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”.
“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 Florence, 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.
“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.
(Ord. O-1-14, passed 1-28-14)