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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. 14-104. - Same—Discrimination prohibited.
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)
Sec. 14-105. - Littering.
(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.
(2)   Citation officer. A peace officer or other person authorized by state law or ordinance to issue a citation for a violation of KRS 512.070 or a citation officer identified in subsection 14-10(f)(4) or subsection 14-10(f)(9) of the Code.
(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).
(Ord. No. 146-2012, § 1, 11-15-12; Ord. No. 56-2017 , §§ 3—5, 4-27-17; Ord. No. 101-2020 , § 2, 10-22-20)
Sec. 14-106. - Unsolicited written materials.
(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)
Sec. 14-107. - Sexual orientation or gender identity change efforts prohibited—Purpose; findings.
(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)
Sec. 14-108. - Same—Definitions.
For purposes of Sections 14-107 to 14-112, the following definitions shall apply:
(1)   Sexual Orientation or Gender Identity Change Efforts or "Conversion Therapy." Any counseling, practice, or treatment that seek to change a person's sexual orientation or gender identity, including, but not limited to, efforts to change behaviors or gender expression, or reduce or eliminate sexual or romantic attraction or feelings toward a person of the same gender. The definition encompasses the terms "reparative therapy," "aversion therapy," and "reorientation therapy." Sexual orientation or gender identity change efforts do not include counseling that does not seek to change sexual orientation or gender identity and that:
(a)   Assists a person undergoing gender transition;
(b)   Provides acceptance, support, and understanding to the person; or
(c)   Facilitates a person's coping, social support, identity exploration, and development, including sexual orientation and gender identity neutral interventions to prevent or address unlawful conduct or unsafe sexual practices.
(2)   Minor. Any person less than eighteen (18) years of age.
(3)   Provider. Any person licensed, certified, or registered with the state to provide professional counseling including, but not limited to, behavior analysts; licensed professional counselors; marital and family therapists or associates; physicians or assistants; osteopaths or assistants; registered or practical nurses or assistive personnel, certified nurse aides; physical or occupational therapists or assistants; psychologists or psychological associates; social workers or associates; licensed professional conservators or guardians; naturopaths; or any other person who performs counseling as part of the person's professional training.
(4)   Public Funds. Any money, regardless of the original source of the money, of the Lexington-Fayette Urban County Government, and any department, agency or instrumentality thereof.
(Ord. No. 32-2021 , § 2, 5-6-21)
Sec. 14-109. - Same—Prohibitions.
(1)   It is unlawful for any provider to provide, apply, or use sexual orientation or gender identity change efforts or conversion therapy with a minor through a provider's professional conduct; and
(2)   Public funds shall not be directly or indirectly used, granted, paid, or distributed to any Provider who provides conversion therapy to a minor.
(Ord. No. 32-2021 , § 3, 5-6-21)
Sec. 14-110. - Same—Enforcement.
The Lexington-Fayette Urban County Human Rights Commission shall enforce the provisions of Sections 14-107 to 14-112 pursuant to Article II of Chapter 2 of the Code.
(Ord. No. 32-2021 , § 4, 5-6-21)
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