(a) For the purposes of this section, which shall be known as the "Lexington Area Party Plan" the following definitions shall apply:
(1) Disturbance complaint means a complaint that is based upon a violation of sections 14-70 through 14-80, or other unlawful activity that may take place at a party or social gathering, including but not limited to disorderly conduct, the possession of alcohol by minors, or the use or possession of illegal substances.
(2) Dwelling unit shall have the same meaning as provided in section 14-70.
(3) Enforcement action means that the division of police, upon responding to a disturbance complaint and substantiating that unlawful activity is occurring, takes action to shut down the unlawful activity and issue any citation(s) or make any arrest(s), as appropriate.
(4) No party property means a dwelling unit or residence that has been identified and certified by the division of police as being a disturbance problem.
(5) Disturbance problem means that a dwelling unit or residence has generated at least two (2) enforcement actions where citations were issued or arrests made within a one-year period. In the event that all citations issued and arrests made pursuant to a particular enforcement action are successfully appealed, that enforcement action shall not be utilized as a basis to determine that a property is a disturbance problem.
(b) The division of police shall keep accurate and sufficient records such that it is able to readily ascertain the number of disturbance complaints associated with any dwelling unit or residence located within Fayette County, any action taken by the division of police in response to said complaints and the final disposition of such action.
(c) Upon determining that a dwelling unit or residence is a disturbance problem, the division of police shall immediately certify that property as being a "no party property". A "no party property" certification shall be in effect for a period of one (1) year from the date of the initial certification. If, during this one-year period, another disturbance complaint is received by the division of police and the division of police takes enforcement action in response to said complaint, the certification shall automatically be extended to run for a period of one (1) year from the date of the latest disturbance complaint unless all citations issued and arrests made pursuant to the latest enforcement action are successfully appealed.
(d) Upon certifying a dwelling unit or residence as a "no party property", the division of police shall notify the property owner and occupant(s) by:
(1) Providing a notice of such certification, along with a copy of the provisions of this section, via personal service or by certified or registered mail, to the street address listed for said property;
(2) In the event that the property is not owner-occupied, also providing a notice of such certification, along with a copy of the provisions of this section, via personal service or by certified or registered mail to the last-known address of the owner of the property as it appears on the current tax assessment rolls; and
(3) Providing with such notification a sticker or similar document to be displayed in a prominent place within the premises during the period of time that the premises is certified for the purpose of placing persons on notice that the property has been so certified. This additional notification shall include the term "no party property" and shall list a point of contact telephone number for any questions that may arise with respect to the certification.
(e) Any occupant of a dwelling unit or residence that has been certified as a "no party property" by the division of police who allows unlawful activity at that property which results in a disturbance complaint leading to an enforcement action shall be in violation of this section.
(f) In the event that a disturbance complaint is received by the division of police during the period of time that a dwelling or residence is certified as a "no party property", the division of police shall, upon substantiating that a violation is occurring, take immediate enforcement action, including the issuance of any and all appropriate citations for violation of this section.
(g) The property owner or occupant of a dwelling unit or residence certified as a "no party property" may petition the commissioner of public safety at any time to have the certification removed. Upon a sufficient showing that the basis for the problem has been adequately addressed and that the property is not likely to be a disturbance problem in the future, the commissioner of public safety shall remove the "no party property" certification.
(h) Nothing contained in this section shall be construed to permit conduct prohibited by any other statutes, ordinance, or regulation, or to prohibit the enforcement thereof.
(i) Any person who violates subsection (e) this section 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 this section which occurred within twelve (12) months of the first offense 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 this section which occurred within twelve (12) months of the first and second offenses 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. 315-2001, § 1, 12-13-01)