For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CITY COMMISSION.” The City Commission of the City of Hurstbourne.
“CHRONIC NUISANCE PROPERTY.” Property on which certain nuisance activities defined herein exist or have occurred with the frequency described herein during any 12-month period.
“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.” 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, for the following activities, behaviors, or conduct:
(1) Harassment, as defined in KRS 525.070 through 525.080.
(2) Public intoxication or alcohol intoxication, as defined in KRS 525.100 or KRS 222.202.
(3) Disorderly conduct as defined in KRS 525.055 or KRS 525.060.
(4) Murder, manslaughter, or reckless homicide as defined in KRS 507.020, 507.030, 507.040, 507.050.
(5) 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.
(6) Assault, menacing, wanton endangerment, terroristic threatening, criminal abuse, stalking, or disarming a police officer, as defined in KRS 508.010 through 508.160.
(7) Burglary or criminal trespass, as defined in KRS 511.010 through 511.090.
(8) Criminal mischief, as defined in KRS 512.010 through 512.060.
(9) Arson, as defined in KRS 513.010 through 513.040.
(10) Theft, as defined in KRS 514.010 through 514.090.
(11) Receiving stolen property, as defined in KRS 514.110.
(12) Robbery, as defined in KRS 515.010 through 515.030.
(13) Prostitution, promoting prostitution, permitting prostitution, or human trafficking, as defined in KRS 529.010 through 529.110.
(14) Endangering the welfare of a minor or unlawful transaction with a minor as defined in KRS 530.060 through 530.080.
(15) Distribution of obscene matter promoting sale of obscenity, or voyeurism, as defined in KRS 531.010 through 531.110.
(16) Sexual exploitation of minors, as defined in KRS 531.300 through 531.370.
(17) Drug possession or trafficking, as defined in KRS 218A.010 through 218A.1444.
(18) Weapons related offenses, as defined in KRS 527.010 through 527.210.
(19) Violations of protection orders, as defined in KRS 403.763.
(20) Alcohol related offenses, as defined in Chapter 111 of this code.
(21) Noise violations, as defined in Metro Louisville Ordinance § 99.02.
(22) Any attempt to commit and/or conspiracy to commit any of the activities, behaviors of conduct listed in this section.
“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 Hurstbourne, Kentucky.
“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.
“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 on 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.
“POLICE OFFICER.” A police officer as defined in KRS 15.420.
“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. 22-1, passed 2-8-22)