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(a) A fine of one hundred dollars ($100.00) for the first offense;
(b) A fine of two hundred fifty dollars ($250.00) for the second offense, within one (1) year;
(c) A fine of five hundred dollars ($500.00) for the third and each subsequent offense, within one (1) year.
(d) Persons who smoke in an area where smoking is prohibited and who refuse to extinguish their smoking material when asked may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked.
(Ord. No. 171-2003, § 2, 7-1-03; Ord. No. 247-2008, § 7, 11-6-08)
Smoking is prohibited within a reasonable distance from the outside entrance to any building so as to ensure that tobacco smoke does not enter the building through entrances, windows, ventilation systems, or other means.
(Ord. No. 171-2003, § 2, 7-1-03)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by sections 14-97 to 14-104. Any person aggrieved by a violation of section 14-104 may apply for injunctive or other legal relief in any court of competent jurisdiction.
(Ord. No. 171-2003, § 2, 7-1-03; Ord. No. 247-2008, § 8, 11-6-08)
(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Littering. The offense of littering as defined by KRS 512.070.
(3) Board. The environmental hearing board created pursuant to section 16-76 of the Code.
(b) Civil enforcement of littering violations. Pursuant to KRS 512.070(4), the urban county council hereby classifies the offense of littering proscribed by KRS 512.070 as a civil offense enforceable in accordance with KRS 65.8808 and the provisions of this section of the Code. Such civil enforcement is in addition to other remedies that may be available at law, including criminal prosecution under KRS 512.070.
(c) Code enforcement board. The environmental hearing board or its assigned hearing officer shall have the authority to determine whether there has been a littering violation.
(d) Enforcement. Proceedings before the environmental hearing board or its assigned hearing officer to determine whether there has been a littering violation shall be initiated by the issuance of a civil citation by a citation officer. The civil enforcement process and the issuance of citations, administrative hearings, and appeals shall be as provided in Chapter 2B of the Code of Ordinances. The issuance of a citation must be based upon the citation officer having reasonable cause to believe that a person committed a littering violation based upon personal observation or investigation, and the officer may, in his or her discretion, issue a warning or notice of violation in lieu of a citation if the person immediately remedies the violation.
(e) Civil penalty. A person found to have committed a littering violation proscribed by KRS 512.070(1) and enforced pursuant to KRS 512.070(4) and this section shall be subject to the following civil fines:
First Violation | $100.00 |
Second Violation | 250.00 |
Third or Subsequent Violation | 500.00 |
(1) Time period for subsequent violations. If a person commits a second, third, or subsequent littering violation within a twenty-four-month period, he or she shall pay the appropriate civil fine stated herein. A violation occurring more than twenty-four (24) months after a previous violation shall be treated as a first violation for the purpose of determining the appropriate civil fine.
(2) Designated uses. Civil fines collected pursuant to this section shall be designated for those divisions or agencies charged with enforcement of the littering ordinance.
(f) Costs of enforcement; liens; personal liability. The urban county government shall be entitled to all civil fines imposed and all charges and fees incurred by the local government in enforcing this section. The urban county government shall be entitled to enforce this section against persons found to have committed a violation of this section by resort to all remedies described in section 2B-9 of the Code, including a lien on property owned by the person and/or a civil action against the person responsible for the violation for all civil fines, fees, charges, and costs of enforcement. All amounts collected by the urban county government in the enforcement of this section shall be designated as provided in subsection (e)(2).
(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Citation officer. A person authorized by state law or local ordinance to issue a citation for a violation of this section.
(2) Front door. The street-facing entrance(s) to a principal structure. In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this section.
(3) Porch. An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.
(4) Premises. A lot, plot, or parcel of land including any structures, driveways, or other impervious surfaces thereon.
(5) Principal structure. A structure, or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises.
(6) Unsolicited written materials. Any written materials delivered to any premises without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.
(b) Placement of unsolicited written materials. Unsolicited written materials delivered to premises shall be placed:
(1) On a porch, if one exists, nearest the front door; or
(2) So that such materials are securely attached to the front door; or
(3) Through a mail slot on the front door or principal structure, if one exists, as permitted by the United States Postal Service Domestic Mail Manual, Section 508 Recipient Services, Subsection 3.1.2; or
(4) Between the exterior front door, if one exists and is unlocked, and the interior front door; or
(5) Where permitted, in a distribution box located on or adjacent to the premises; or
(6) Personally with the owner, occupant, and/or lessee of the premises.
(c) Notwithstanding subsection (b) above, an owner, lessee, or occupant maintains the right to restrict entry to his or her premises.
(d) Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed, or conveyed in such materials.
(e) The provisions of this section do not apply to the United States Postal Service.
(f) Any placement of unsolicited written materials in areas on or adjacent to a premises other than as set forth in subsection (b) of this section shall be a violation of this section, classified as a civil offense, and may be enforced by issuance of a civil citation by a citation officer, consistent with chapter 2B of the Code, or as it may be amended.
(g) Civil penalty. The civil penalty for each violation of this section shall be a maximum of two hundred dollars ($200.00) per violation.
(h) Code enforcement board. The administrative hearing board established in section 12-6 of the Code of Ordinances shall be the code enforcement board having authority to determine whether there has been a violation of this section. Administrative review of citations shall adhere to those procedures set forth in chapter 2B of the Code through the use of assigned hearing officer(s).
(i) Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, that invalidation shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.
(Ord. No. 25-2017 , § 2, 3-2-17)
(1) Purpose. Sections 14-107 to 14-112 is an exercise of the Urban County's police power for public safety, health and welfare; and its provisions shall be liberally construed to accomplish this purpose.
(2) Findings and Intent. Medical and mental health experts have denounced efforts to change sexual orientation and gender identity as ineffective and unsafe for people, especially minors. These efforts are based on the discredited premise that being non-heterosexual is a mental disorder that can be corrected or cured. It is the intent of the Urban County Council that these unethical conversion practices that correlate with serious and dangerous harm to the health and wellbeing of minors be prohibited. Therefore, the Urban County Council finds and declares that a compelling and important interest exists in protecting the physical and psychological well-being of minors from efforts to change sexual orientation and gender identity within the municipality through the professional conduct of licensed providers, and no other less intrusive means of protecting minors from the harms associated with conversion therapy would be effective in furthering the Urban County's interest.
(Ord. No. 32-2021 , § 1, 5-6-21)
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