For the purpose of this subchapter 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 Fort Mitchell.
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.
GOOD CAUSE. Circumstances beyond the ability of a person acting with reasonable care and diligence to control.
NUISANCE ACTIVITIES.
(1) Any of the following activities, behaviors or conduct:
(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) Disorderly conduct as defined in KRS 525.055 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) Burglary or criminal trespass, as defined in KRS 511.010 through 511.090.
(h) Criminal mischief, as defined in KRS 512.010 through 512.060.
(i) Arson, as defined in KRS 513.010 through 513.040.
(j) Theft, as defined in KRS 514.010 through 514.090.
(k) Receiving stolen property, as defined in KRS 514.110.
(l) Robbery, as defined in KRS 515.010 through 515.030.
(m) Prostitution, promoting prostitution, permitting prostitution, or human trafficking, as defined in KRS 529.010 through 529.110.
(n) Endangering the welfare of a minor or unlawful transaction with a minor as defined in KRS 530.060 through 530.080.
(o) Distribution of obscene matter promoting sale of obscenity, or voyeurism, as defined in KRS 531.010 through 531.110.
(p) Sexual exploitation of minors, as defined in KRS 531.300 through 531.370.
(q) Drug possession or trafficking, as defined in KRS 218A.010 through 218A.1444.
(r) Weapons related offenses, as defined in KRS 527.010 through 527.210.
(s) Violations of protection orders, as defined in KRS 403.763.
(t) Alcohol related offenses, as defined in Chapter 111.
(u) Noise violations, as defined in § 92.03.
(v) Any violation of any ordinance of the city, or a violation of any state or federal law, statute or regulation.
(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 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.
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 for the City of Fort Mitchell.
POLICE OFFICER. Shall mean a police officer as defined in KRS 15.420.
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. 2010-03, passed 8-23-10)