Sec. 14-58. - Sexual offenders.

(1)   For purposes of this section, the following terms shall have the following meanings:

(a)   Child means a person under the age of eighteen (18).

(b)   Loiter means standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around a public or private school, registered child-care center, public park or playground and approaching, contacting or communicating with a child.

(c)   Playground means a piece of land in Lexington-Fayette Urban County owned, leased, operated or controlled by the Commonwealth of Kentucky, the Lexington-Fayette Urban County Government or the Lexington-Fayette Urban County Public Facilities Corporation for use solely or primarily for children's recreation, including, but not limited to, playground equipment.

(d)   Public or private school means any institution that has the primary purpose of educating children.

(e)   Public park means a park, nature preserve, conservation area, greenway, trail, or public swimming pool owned, leased, operated or controlled by the Commonwealth of Kentucky, the Lexington-Fayette Urban County Government or the Lexington-Fayette Urban County Public Facilities Corporation.

(f)   Registered child-care center means a facility licensed pursuant to KRS 199.896 by the Commonwealth of Kentucky to provide care to children.

(g)   Registered sex offender means "registrant" as it is defined in KRS 17.500(4) and whose offense for which the offender is required to register involved a child victim.

(2)   (a)   It is unlawful for a registered sex offender to be present in any public park building or on real property comprising any public park when children are present in the building or on the grounds, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(b)   It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a public park building or real property comprising any public park while children are present in the building or on the grounds, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(c)   It is unlawful for a registered sex offender to be present in any public or private school building or on real property comprising any public or private school, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(d)   It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a public or private school building or real property comprising any public or private school, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(e)   It is unlawful for a registered sex offender to be present in any registered child-care center building or on real property comprising any registered child-care center, unless the registered sex offender is a parent or guardian of a child attending the child-care center and the child is present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(f)   It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a registered child-care center building or real property comprising any registered child-care center, unless the registered sex offender is a parent or guardian of a child attending the child-care center and the child is present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.

(g)   It is unlawful for a registered sex offender to be present on real property comprising any playground, unless the registered sex offender is the parent or guarding of a child who is present on the playground and the offender does not approach, contact or communicate with any other child.

(h)   It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of real property comprising any playground, unless the registered sex offender is the parent or guardian of a child who is present on the playground and the offender does not approach, contact or communicate with any other child.

(3)   For purposes of determining distance for subsections (2)(b), (d), (f), and (h) above, the measurement shall be taken in a straight line from where the registered sex offender is loitering to the nearest property line of the public park, public or private school, registered child-care center or playground.

(4)   Any person who violates any provision of this section shall be punished by a fine of not greater than five hundred dollars ($500.00) or imprisonment not to exceed twelve (12) months, or both, for each offense.

(Ord. No. 60-2006, § 1, 3-9-06)

Sec. 14-59. - Reserved.

Editor's note(s)—Section 14-59, requiring property to be free of motor vehicles not licensed or having inspection certificate, derived from Ord. No. 38-74, §§ 1—5, adopted Mar. 21, 1974, was repealed by § 1 of Ord. No. 122-80, adopted Aug. 28, 1980.

Sec. 14-60. - Reserved.

Editor's note(s)—Ord. No. 151-2010, § 4, adopted Aug. 26, 2010, renumbered § 14-60 as § 16-106. Former § 14-60 pertained to transportation, relocation of dirt, earth, debris, enforcement; penalties and derived from Ord. No. 162-74, § 1, adopted Aug. 22, 1974; Ord. No. 140-84, § 1, adopted Aug. 2, 1984; Ord. No. 163-2000, § 1, adopted June 15, 2000; and Ord. No. 269-2004, § 2, adopted Nov. 4, 2004.

Sec. 14-60.5. - Unattended children in vehicles.

(a)   It shall be unlawful for any person to at any time lock, confine or leave unattended, or to cause to be locked, confined or left unattended in any auto, bus or any other vehicle upon a public street, alley or public parking facility, or other public or private property where parking or drive-in facilities are offered to the public within the urban county for a period of time exceeding fifteen (15) minutes, a child under eight (8) years of age.

(b)   A child is unattended within the meaning of this section if the oldest person with the child is a person under the age of thirteen (13) years.

(c)   Any individual may use any and all reasonable means to effect the release of any child locked, confined or left unattended in violation of this section, provided said individual has reasonable cause to believe that at said time and place there exists an imminent danger to the child's life or health.

(d)   Anyone acting upon reasonable cause in effecting the release of a child pursuant to this section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.

(e)   Any person violating the provisions of this section shall, for each offense, be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than ninety (90) days, or both.

(Ord. No. 174-80, § 1, 11-13-80; Ord. No. 14-81, § 1, 2-5-81)

Sec. 14-61. - Electric fence, structure or barrier prohibited; penalty.

It shall be unlawful for any owner, tenant or license holder of land to erect or maintain any fence, structure or barrier which in any way utilizes electricity to repel persons or animals from that fence, structure or barrier on, surrounding or adjacent to any property which is zoned and/or used for residential purposes. Any person who violates this section shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). Each day a violation of this section continues shall be construed as a separate offense.

(Ord. No. 203-75, § 1, 7-24-75)

Editor's note(s)—Ord. No. 203-75 amended the code by adding § 14-60, the provisions of which have been redesignated as § 14-61, at the editor's discretion as the Code already contained § 14-60.

Sec. 14-62. - Parks.

(a)   All dedicated parks and parkways in the urban county shall be operated and maintained under the supervision of the director, division of parks and recreation (hereafter referred to as director). The director is hereby empowered to enforce the provisions of this section and to issue temporary permits for the use of real and personal property controlled by the division of parks and recreation.

(b)   The director may regulate uses and activities within urban county parks and parkways and may issue written regulations prohibiting certain uses and activities within all or part of such parks and parkways based on ecological or public health, welfare or safety concerns. The factors to be considered in restricting or prohibiting certain activities within urban county parks and parkways shall include:

(1)   The nature, design and intended use of the park;

(2)   The location and size of the park;

(3)   The likelihood of disturbance to residents adjacent to the park; and

(4)   Whether the use or activity to be restricted or prohibited is permitted in other urban county parks.

(c)   No person shall:

(1)   Possess, sell, deliver or consume any alcoholic beverage in any park or parks facilities except when authorized by a permit issued in writing by the director.

(2)   Prevent any person from using any park or any of its facilities, or interfere with such use in compliance with this section and the rules applicable to such use;

(3)   Engage in gambling of any form in park areas and buildings;

(4)   Engage in an amusement for gain or for which a charge is made without the written consent of the director and such amusement must be conducted in accordance with any ordinance pertaining hereto;

(5)   Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with posted regulations;

(6)   Ignite open fires in any park area except by written permit or in areas so designated by the director;

(7)   Ice skate on any water area, unless the division of parks has determined its safety and posted public notice that ice skating is permitted;

(8)   Engage in archery except by written permit from the director or in areas designated by the director;

(9)   Picnic or lunch in a place other than those designated for that purpose;

(10)   Drive or park any motor vehicle (motor bikes, minibikes, cars, trucks, etc.) except on a street, driveway or parking lot in any park, unless authorized in writing by the director; or leave any such vehicle unattended in a park when the park is not open for public use or leave any such vehicle unattended in a park when not using that park for recreational activities.

(11)   Bring any dangerous animal into any park, or permit any dog in any park unless such dog is on a leash not more than six (6) feet long;

(12)   Bring any horse into any park, except that the director may designate areas into which horses may be brought;

(13)   Bring any animal into designated picnic areas of parks unless authorized in writing by the director;

(14)   Vend, sale, peddle or offer for sale any commodity or article within any park except as approved in writing by the director unless such sale is made by park employees and officials of the urban county government acting on behalf of the government;

(15)   Smoke within swimming pool areas except in designated areas;

(16)   Handle, possess or consume food or beverages inside swimming pool areas except in designated areas;

(17)   Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription, whatsoever, nor shall any person erect or cause to be erected any sign whatsoever on any public land or highways or roads adjacent to a park unless written approval is obtained from the director;

(18)   Fly model airplanes, practice golf or ice skate except at locations specifically designated for such activities by the director; areas for such activities may be reserved through the director by groups for use at specified times;

(19)   Fail to clean up all debris and extinguish fires in park areas;

(20)   Discharge any firearm or air weapon except in designated areas within any park;

(21)   Enter upon or remain in any park areas at a time other than during those hours which the director has specified that the facilities are open for public use.

(d)   (1)   Any person who shall violate any provision of this section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both so fined and imprisoned.

(2)   Leaving unattended any vehicle in a park when the park is not open for public use or when not using that park for recreational activities, in violation of section 14-62(c)(10) is hereby declared to be a public nuisance. The public nuisance may be abated by impounding the vehicle immediately.

(Ord. No. 4-76, §§ 1—3, 5, 1-15-76; Ord. No. 199-85, § 1, 10-3-85; Ord. No. 198-88, § 1, 9-6-88; Ord. No. 76-95, § 1, 4-27-95; Ord. No. 151-2000, § 1, 6-1-00; Ord. No. 157-2003, §§ 1, 2, 6-26-03; Ord. No. 80-2018 , § 1, 11-1-18)

Editor's note(s)—Ord. No. 4-76, §§ 1—3, 5, adopted Jan. 15, 1976, specifically amended the Code by adding a new § 14-61. Due to the prior existence of a § 14-61, the provisions of Ord. No. 4-76 have been redesignated as § 14-62 as herein set out.