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(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)
For the purpose of Sections 14-97 to 14-104, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Building. Any structure whose floor area is enclosed overhead by a roof or other covering of any material, whether permanent or temporary, and has forty (40) percent or more of its perimeter permanently or temporarily enclosed by walls, windows, doors, or other coverings of any material. Any structure whose floor area is enclosed overhead by a roof or other covering of any material, whether permanent or temporary, that has forty (40) percent or more of the perimeter temporarily enclosed by walls, windows, doors or other coverings of any materials shall not be subject to the definition of a building when the temporary walls, windows, doors or other coverings are not in place.
(2) Dwelling. Any building used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a single or multi-family residential housing unit, a hotel or motel room or suite or a hospital, hospice or nursing home room.
(3) Establishment. Any business or other entity operating or otherwise located in a building or portion thereof, and open to public, including but not limited to banks, laundromats, retail stores, professional offices, restaurants, bars, gaming facilities such as bingo halls, pool halls, bowling alleys, child day care facilities, and adult day care facilities, among others.
(a) Open to the public. Buildings, portions thereof, or establishments therein, are "open to the public" when their physical nature, function, custom, usage, or notice would cause a reasonable person to believe no invitation or permission to enter is required.
(4) Private organization. An organization which is the owner, lessee, or occupant of a building, that is not open to the public. The building will be used exclusively for the organization's or a member's purposes at all times. The organization must maintain selective members, and be operated by the membership. The organization neither provides food, drink, nor lodging for pay to anyone who is not a member or a member's guest, nor permits others to provide food, drink, or lodging for pay to anyone who is not a member or a member's guest. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
(5) Retail tobacco store. A retail store devoted primarily to the sale of any tobacco product, including but not limited to cigarettes, cigars, pipe tobacco and chewing tobacco, and accessories and in which the sale of other products is incidental. The sale of such other products shall be considered incidental if such sales generate less than twenty-five (25) percent of the total annual gross sales.
(6) Smoke or smoking. The act of inhaling or exhaling from, or the burning, heating or carrying of, any lighted or heated cigarette, cigar, pipe, other combustible tobacco product, or electronic smoking device or any oral smoking device including but not limited to an E-Cigarette or E-Cig.
(7) Workplace. Any building or portion thereof in which an establishment is located, including, but not limited to, work areas, private offices, lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, and hallways.
(8) [Electronic Smoking Device.] Electronic Smoking Device means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vapor pen, or under any other product name or descriptor.
(9) Retail electronic cigarette store. A retail store devoted primarily to the sale of any electronic smoking device, including but not limited to e-cigarettes, e-cigars, e-pipes, e-hookah, or vapor pen, or under any other product name or descriptor and accessories, and in which the sale of other products is incidental. The sale of other such products shall be incidental if the sales generate less than twenty-five (25) percent of the total annual gross sales.
(Ord. No. 171-2003, § 2, 7-1-03; Ord. No. 247-2008, § 2, 11-6-08; Ord. No. 136-2014, § 2, 11-13-14; Ord. No. 54-2015, § 1, 5-7-15 )
(1) No person shall smoke within any building or any establishment therein, that is open to the public, or any workplace. No person shall smoke within any public transportation vehicle, including buses and taxicabs, nor within any ticket, boarding and waiting area of public transportation buildings enclosed overhead by a roof. The prohibition does not apply to the following locations, provided that smoke does not infiltrate into areas where smoking is prohibited under the provisions of sections 14-97 to 14-104:
(a) Any dwelling. This exception also extends to a business located in the dwelling and owned or leased by the occupant living in the dwelling; provided, however, that the business is not operating as a child care, adult day care, or health care facility. This exception does not extend to a lobby, common elevator, common hallway, or any other common area of a building containing attached dwelling units or hotel or motel rooms. If a hospital, hospice, or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with another person without that person's consent.
(b) A rental room or hall being used by a person or group for a private social function that is not open to the public.
(c) Any room used for psychological treatment of nicotine addiction by a licensed health care professional, or in a physically separate and independently ventilated room in a hospital, hospice, or nursing home open to all residents as a smoking room and for no other purpose.
(d) A retail tobacco store, to the extent no electronic smoking device shall be smoked inside the store.
(e) A theatrical production by a performer as part of the performance so long as adequate notice is provided patrons both before the performance and by specific signage at the theater.
(f) A building operated or used by a private organization, provided that the building is not open to the public.
(g) A retail electronic cigarette store, to the extent no tobacco product shall be smoked inside the store.
(2) Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any building or establishment therein, or any other place, including, without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in any such place.
(3) Nothing in this chapter shall authorize smoking in any place where it is otherwise prohibited by statute, ordinance, regulation or by order of the fire marshal.
(4) All buildings or vehicles owned, leased, operated by or under the jurisdiction of the Lexington-Fayette Urban County Government or any unit thereof shall be subject to the provisions of sections 14-97 to 14-104 unless the Lexington-Fayette Urban County Government Council adopts a written policy pursuant to KRS 61.165(3) (a) or (b), in which event the written policy shall apply to the extent KRS 61.165(3) is controlling.
(Ord. No. 171-2003, § 2, 7-1-03; Ord. No. 247-2008, § 3, 11-6-08; Ord. No. 54-2015, § 1, 5-7-15 ; Ord. No. 60-2015, § 1, 6-11-15 )
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