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Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Zoning Code
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 8A NOTIFICATION REQUIREMENTS FOR CONSTRUCTION OR DEMOLITION BLASTING OPERATIONS
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Sec. 14-1. - Reserved.
Sec. 14-2. - Advertising - Deceptive.
Sec. 14-3. - Reserved.
Sec. 14-3.1. - Definitions.
Sec. 14-3.2. - [Graffiti.]
Sec. 14-3.3. - [Same - Paint.]
Sec. 14-3.4. - [Penalties.]
Secs. 14-4, 14-4.1. Reserved.
Sec. 14-5. - Begging or soliciting alms or money prohibited; exception.
Sec. 14-6. - Same - "Tag day."
Sec. 14-7. - Reserved.
Sec. 14-8. - Disorderly conduct.
Sec. 14-9. - Same - Disturbing gatherings; disturbances not otherwise penalized.
Sec. 14-10. - Citation officers.
Sec. 14-11. - Reserved.
Sec. 14-11.1. - Coin-operated equipment - Tampering with or damaging.
Sec. 14-12. - Disguises.
Sec. 14-13. - Adult entertainment establishments - Defined.
Sec. 14-13.1. - Same - Additional requirements.
Sec. 14-13.2. - Same - license.
Sec. 14-13.3. - Employee license.
Sec. 14-13.4. - Existing establishments.
Sec. 14-13.5. - Escort agencies - Licensing.
Sec. 14-13.6. - Same - Operation of business.
Sec. 14-13.7. - Same - Applicants.
Sec. 14-14. - Disorderly house - Bawdy house; prostitution.
Sec. 14-14.1. - Same - Patronizing.
Sec. 14-15. - Same - Licensed place of business becoming.
Sec. 14-16. - Operating vehicle while under influence of intoxicants or drugs prohibited; presumptions concerning intoxication.
Sec. 14-17. - Public intoxication.
Sec. 14-18. - Habitual drunkards.
Sec. 14-19. - Firearms, discharging within the urban county; penalty.
Sec. 14-19.1. - Right of division of police to use pistol range.
Sec. 14-19.2. - Safety rules for use of pistol range.
Sec. 14-19.3. - Penalty for violation of section 14-19.1 or 14-19.2.
Sec. 14-19.4. - Concealed deadly weapons.
Sec. 14-20. - Fortune-telling.
Sec. 14-21. - Fraud; defrauding operators of vehicles for hire.
Sec. 14-22. - Gambling machines or devices.
Sec. 14-22.1. - Hotels - Registration records.
Sec. 14-23. - Reserved.
Sec. 14-23.1. - Indecency, obscenity, lewdness - Sale or exhibition of explicit sexual material to minors.
Sec. 14-24. - Report required by hospitals, physicians, surgeons and doctors of medicine, to the division of police of persons treated for injuries or disorders.
Sec. 14-25. - Injury to property - Fences, trees, etc.
Sec. 14-26. - Same - Of utility companies or railways.
Sec. 14-27. - Same - Public.
Sec. 14-28. - Same - Alarm systems; cancelling alarms.
Sec. 14-29. - Same - Lampposts, street lights, etc.
Sec. 14-30. - Same - Signal lamps, barriers, tools; carrying away lumber.
Sec. 14-31. - Same - Billboards.
Sec. 14-32. - Library, damaging books.
Sec. 14-33. - Reserved.
Sec. 14-34. - Same - On private property.
Sec. 14-35. - Same - About public institutions, trespass.
Sec. 14-36. - Merchandise, endless chain contracts.
Sec. 14-37. - Curfew for minors.
Sec. 14-38. - Teenage canteens.
Sec. 14-39. - Minors obtaining alcoholic beverages.
Sec. 14-40. - Reserved.
Sec. 14-41. - Reserved.
Sec. 14-42. - Permitting minors in house of ill fame.
Sec. 14-43. - Death stars or shurikens.
Sec. 14-44. - Missiles - Shooting or throwing generally.
Sec. 14-45. - Same - Stones.
Sec. 14-46. - Same - Air rifles, air pistols, BB guns, or similar guns, slingshots or steel-tipped arrows, discharging within the urban county; penalty.
Sec. 14-47. - Officers - Interfering with police.
Sec. 14-48. - Same - Failing to assist police.
Sec. 14-49. - Same - Impersonating police officer or fire fighter.
Sec. 14-50. - Parks - Throwing rubbish therein.
Sec. 14-51. - Same - Causing rubbish to be thrown therein.
Sec. 14-52. - Same - Political speeches therein.
Sec. 14-52.1. - Electioneering and exit polling.
Sec. 14-53. - Reserved.
Sec. 14-54. - Radio receiving wave length in establishments selling alcoholic beverages.
Sec. 14-55. - Smoking in sleeping rooms.
Sec. 14-55.1. - Smoking on buses.
Sec. 14-56. - Telephones, depositing slugs in coin box.
Sec. 14-57. - Trespass, on school grounds.
Sec. 14-57.1. - Central criminal records file check required.
Sec. 14-58. - Sexual offenders.
Sec. 14-59. - Reserved.
Sec. 14-60. - Reserved.
Sec. 14-60.5. - Unattended children in vehicles.
Sec. 14-61. - Electric fence, structure or barrier prohibited; penalty.
Sec. 14-62. - Parks.
Sec. 14-62.1. - Regulation of activities in Triangle Park.
Sec. 14-63. - Volatile substances; definitions.
Secs. 14-64 - 14-66. Reserved.
Sec. 14-67. - Unlawful use of volatile substance.
Sec. 14-68. - Permitted use of volatile substances.
Sec. 14-69. - Penalty for violation of section 14-67.
Sec. 14-70. - Definitions applicable to sections 14-70 through 14-80.
Sec. 14-71. - Noise disturbances - Generally.
Sec. 14-72. - Same - Specific acts.
Sec. 14-73. - Right of entry of law enforcement officer to investigate noise disturbance.
Sec. 14-74. - Mayor authorized to grant special variances relative to noise disturbances.
Sec. 14-75. - Order of abatement of noise disturbance.
Sec. 14-76. - Citation for violation of sections 14-70 through 14-80.
Sec. 14-77. - Effect of sections 14-70 through 14-80 on existing law.
Sec. 14-78. - Exceptions to provisions of sections 14-70 through 14-80.
Sec. 14-79. - Enforcement of other laws not affected by sections 14-70 through 14-80.
Sec. 14-80. - Penalty for violation of sections 14-70 through 14-80.
Sec. 14-81. - Distribution of materials to public free of charge; designation of funding.
Sec. 14-82. - Moped license.
Sec. 14-83. - Stone wall preservation ordinance.
Sec. 14-84. - Reserved.
Sec. 14-85. - Definitions.
Sec. 14-86. - Applicability.
Sec. 14-87. - Private impound tow truck service license requirements; identification of tow trucks.
Sec. 14-87.1. - Signage.
Sec. 14-88. - Release of vehicle to owner or custodian prior to towing.
Sec. 14-89. - Police to be notified of removal of vehicle.
Sec. 14-89.1. - Compliance with state code.
Sec. 14-90. - Redemption of vehicles; receipt required; maximum towing charge and impoundment fees.
Sec. 14-91. - Requirements for storage yard.
Sec. 14-92. - Private impound tow truck service operator's log.
Sec. 14-93. - Miscellaneous prohibited acts by private impound tow truck service or operator.
Sec. 14-94. - Registration and license requirements.
Sec. 14-94.1. - Suspension and revocation.
Sec. 14-94.2. - Hearing for denial, suspension or revocation; appeal.
Sec. 14-95. - Violations.
Sec. 14-96. - Lexington Area Party Plan.
Sec. 14-97. - Regulation of smoking indoors - Definitions.
Sec. 14-98. - Same - Prohibition; exceptions.
Sec. 14-99. - Same - Responsibilities of owners, lessees, principal managers or other persons in control of establishments.
Sec. 14-100. - Same - Owners, lessees, principal managers, etc., to ensure compliance with chapter.
Sec. 14-101. - Same - Enforcement.
Sec. 14-102. - Same - Violations; penalties.
Sec. 14-103. - Same - Smoking near building entrances, etc.
Sec. 14-104. - Same - Discrimination prohibited.
Sec. 14-105. - Littering.
Sec. 14-106. - Unsolicited written materials.
Sec. 14-107. - Sexual orientation or gender identity change efforts prohibited - Purpose; findings.
Sec. 14-108. - Same - Definitions.
Sec. 14-109. - Same - Prohibitions.
Sec. 14-110. - Same - Enforcement.
Sec. 14-111. - Same - Complaint procedure.
Sec. 14-112. - Same - Appeals.
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
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Sec. 14-77. - Effect of sections 14-70 through 14-80 on existing law.
No provision of sections 14-70 through 14-80 shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of these sections or from other law.
(Ord. No. 115-82, § 1, 7-1-82)
Sec. 14-78. - Exceptions to provisions of sections 14-70 through 14-80.
The provisions of sections 14-70 through 14-80 shall not apply to the following:
(1)   The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work.
(2)   Organized school-related programs, activities or events, or parades or other public programs, activities or events authorized by the mayor or his designated representative.
(3)   The discharge of firearms by members of the division of police or other sworn peace officers.
(4)   The operation of airplanes and aircraft both on and off airport property, the maintenance of same.
(Ord. No. 115-82, § 1, 7-1-82; Ord. No. 5-91, § 4, 1-24-91)
Sec. 14-79. - Enforcement of other laws not affected by sections 14-70 through 14-80.
Nothing in sections 14-70 through 14-80 shall be construed to permit conduct prohibited by any other statute, ordinance or regulation, or to prohibit the enforcement thereof.
(Ord. No. 115-82, § 1, 7-1-82)
Sec. 14-80. - Penalty for violation of sections 14-70 through 14-80.
Any person who violates any provision of sections 14-70 through 14-80 shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Any person found guilty of a second offense of any of these sections within any twelve-month period shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and any person found guilty of a third offense of any of these sections within any twelve-month period shall be subject to a fine of not less than two hundred-fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(Ord. No. 115-82, § 1, 7-1-82; Ord. No. 293-2000, § 4, 9-28-00)
Sec. 14-81. - Distribution of materials to public free of charge; designation of funding.
All informational brochures, folders, maps, leaflets and other similar written materials which are voluntarily distributed by the urban county government to members of the general public without charge and which are printed at urban county government expense shall indicate that the cost of printing was paid from urban county government funds by placing thereon, "Paid for with Lexington-Fayette Urban County Government funds." This shall not apply, however, to such materials as employee handbooks and other documents distributed primarily for use within the urban county government, its offices, agencies, departments and divisions; citation forms, personnel examination forms, application forms and other materials which are promulgated pursuant to the requirements of various laws; and court briefs, grant applications and other printed papers which are not generally distributed to the public.
(Ord. No. 183-83, § 1, 10-6-83)
Sec. 14-82. - Moped license.
(1)   Definition. As used in this section, "moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal cross bars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour.
(2)   License Required. All retail moped dealers shall be required to advise any purchaser of a moped that pursuant to KRS 186.010(4), (5), 186.410(1), (2), 186.412(1) and 186.450(2), (3), operators of mopeds are required to possess a valid driver license. Such dealers shall further be required to secure from the purchaser an acknowledgement that he has received such information by requiring the purchaser to affix his signature to a standard form provided by the urban county government division of police. Completed acknowledgement forms shall be kept on file by the dealer for a period of one (1) year following each sale.
(3)   Penalty for Violation of Section. Failure of any retail moped dealer to comply with the provisions of this section shall be punishable by a fine to not exceed one hundred dollars ($100.00) for each offense.
(Ord. No. 31-85, § 1, 2-21-85; Ord. No. 122-87, § 2, 6-25-87)
Sec. 14-83. - Stone wall preservation ordinance.
(1)   No person shall remove any stone walls or portion thereof located within the public right-of-way without first applying for and receiving a permit from the office of historic preservation. "Stone wall" is defined to be a wall built of stones or rocks which have been gathered from fields or creek bottoms or quarried stones or rocks. The office of historic preservation may issue a removal permit only in special circumstances including but not limited to the following:
(a)   The stone wall is a traffic hazard or otherwise presents a threat to public safety;
(b)   The stone wall is to be relocated or replaced by a more appropriate stone wall; or
(c)   The existing stone wall is in such a damaged or neglected condition that it is not feasible to have it remain. No permit shall be issued however in cases where the property owner or his agents cause the stone wall to be damaged in order to justify the issuance of a removal permit.
Nothing contained in this section is intended to limit or impair the authority of the federal or state government to remove stone walls within the public right-of-way of any publicly dedicated road when the removal or alternation is necessary to make road improvements.
(2)   Applicants may appeal the denial of a permit to the stone wall appeals board. The appeal provided herein shall be taken by filing written notice thereof with the office of historic preservation within twenty (20) days from the final action of the office of historic preservation's denial of the permit. The written notice provided for herein shall state the reasons why the appeal is being taken. The appeal provided herein shall be heard within sixty (60) days following the date the appeal is filed.
(3)   The stone wall appeals board shall meet to review applicants' appeals. The stone wall appeals board may consider whether special circumstances exist to allow for the removal of a stone wall. Special circumstances may include, but are not limited to, the circumstances set out in subsection (1) of this section. Decisions made by the stone wall appeals board shall be final. The stone wall appeals board shall be composed of the members of the board of architectural review established pursuant to Article 13-5 of the Zoning Ordinance with terms concurrent with their terms serving on the board of architectural review.
(4)   Any person violating any provision of this section shall be upon conviction or a plea of guilty subject to a fine of not less than three hundred dollars ($300.00) per five (5) linear feet of stone wall removed nor more than five hundred dollars ($500.00) per five (5) linear feet of stone wall removed.
(Ord. No. 224-94, § 1, 11-17-94; Ord. No. 179-2009, § 1, 8-27-09)
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