Loading...
(1) Criminal penalty. Any person violating any of the provisions of sections 13-71 through 13-74 shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisoned for a period of not more than twelve (12) months, or both so fined and imprisoned.
(2) Civil fine: Except as otherwise provided herein, any person who violates any provision of this article may be subject to civil fines of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00), pursuant to the civil fine guidelines for false alarms set forth in section 13-73.2.
(3) The civil fines provided in this article may be levied in conjunction with, or as an alternative to, the criminal penalties provided in this article or in state law.
(Ord. No. 52-83, § 3, 4-7-83; Ord. No. 209-85, § 10, 10-17-85; Ord. No. 56-2005, § 17, 3-10-05)
For the purposes of this article, the following definitions shall apply:
(a) Director shall mean the Director of the Lexington-Fayette Urban County Government, Division of Revenue.
(b) Hosted short-term rental shall mean a short-term rental in which the dwelling unit utilized as the short-term rental, or another dwelling unit on the subject property, is a primary residence, and the primary resident continues to occupy the property while the short-term rental is being rented to a transient guest.
(c) Hosting platform shall mean an internet-based platform that generally facilitates the rental of the short-term rental accommodations by brokering, coordinating, or in any other way arranging for the rental of the accommodations.
(d) Licensee shall mean any person who owns a short-term rental that possesses a short-term rental special fees license pursuant to this article.
(f) Primary residence shall mean the permanent residence or the usual place of return for housing of the owner of the short-term rental, the operator of the short-term rental, or an individual who otherwise consents to be an agent of the owner or operator for the purposes of this article, as documented by the following:
(1) One of the following:
a. Un-expired driver's license; or
b. Current voter registration; and
(2) One of the following, dated within the past year:
a. Tax document showing the premises as the individual's residence; or
b. Bank statement; or
c. Motor vehicle registration; or
d. Utility bill.
An individual may only have (1) primary residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year.
(g) Primary resident shall mean the owner of the short-term rental, the operator of the short-term rental, or an individual who otherwise consents to be the agent of the owner or operator for the purposes of this article, whose primary residence is the dwelling unit utilized as the short-term rental, or another dwelling unit on the subject property.
(i) Short-term rental shall mean a dwelling unit that is rented, leased, or otherwise assigned, in whole or in part, for temporary occupancy by transient guests for a tenancy of less than thirty (30) consecutive days, where no meals are served. This term does not include hotel or motel rooms, extended stay hotels, bed and breakfast facilities, or boarding and lodging house rooms.
(j) Short-term rental advertisement shall mean any method of soliciting another to use a dwelling unit or portion thereof as a short-term rental.
(k) Transient guest shall mean an individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of less than thirty (30) consecutive days. This term shall not be construed to include individuals who rent their primary residence on a weekly basis.
(l) Un-hosted short-term rental shall mean a short-term rental in which the dwelling unit utilized as the short-term rental, or another dwelling unit on the subject property, is not a primary residence, or a primary resident fails to occupy the subject property while the short-term rental is being rented to a transient guest.
Loading...